Health Professions Act

Contents
	1	Definitions
Part 1
	2–6	Repealed
Part 1.1 — Advisory Panels
	6.1	Definitions
	6.2	Appointment of advisory panel
	6.3	Referral to advisory panel
	6.4	Meetings of advisory panel
	6.5	Remuneration and reimbursement of expenses
Part 2 — Designated Health Professions
	7	Application by health profession association for designation
	8	Reference by minister regarding possible designation
	9	Investigation regarding possible designation
	10	Designations
	11	Regulations respecting applications for designation
	12	Designation of a health profession
	12.1	Prohibition and limitation — use of reserved titles
	12.2	Exceptions
	13	Prohibitions regarding practice of designated health profession
	14	Exceptions to prohibitions
	14.1	Responsibility of registrants not affected by incorporation
	15	Health profession college established
	15.1	Colleges continued
	16	Duty and objects of a college
	17	Board for health profession college
	17.1	Election validation
	17.11	Oath of office
	17.2	Executive committee
	18	Responsibilities of board
	18.1	Inquiry
	18.2	Directives
	19	Bylaws for college
	20	Registration of person in college
	20.01	Notice to applicant for certification
	20.1-20.3	Repealed
	20.4	Interjurisdictional cooperation
	21	Registrar and register for college
	22	Inspection of register
	22.1	Repealed
	23	Certificate as evidence
	24	Immunity for acts or omissions in good faith
	25	Repealed
Part 2.1 — Medical Practitioners
	25.1	Definitions for Part
	25.2	Investigation of skill
	25.3	Absence from British Columbia
	25.4	Alternative medicine
	25.5	Bylaws
	25.6	Medical examination to assess whether curtailment of practice should be ordered
	25.7	Not Enacted
Part 2.2 — Pharmacists
	25.8	Definitions for Part
	25.9	Objects of the college
	25.91	Interchangeable drugs
	25.92	Terms of a prescription
	25.93	Misrepresentation
	25.94	Disclosure of personal health information
	25.95	Exceptions
Part 3 — Inspections, Inquiries and Discipline
	26	Definitions for Part
	26.1	Quality assurance program
	26.2	Confidential information
	27	Inspectors
	28	Powers and duties of inspectors
	29	Search and seizure under court order
	30	Detention of things seized
	31	Prohibition against obstructing inspection or search
	32	Complaints to be made to registrar for delivery
	32.1	Definition for sections 32.2 and 32.3
	32.2	Duty to report registrant
	32.3	Duty to report respecting hospitalized registrant
	32.4	Duty to report sexual misconduct
	32.5	Immunity
	33	Investigations by inquiry committee
	34	Notice of disposition
	35	Extraordinary action to protect public
	36	Reprimand or remedial action by consent
	37	Citation for hearing by discipline committee
	37.1	Consent orders
	38	Discipline committee hearing
	39	Action by discipline committee
	39.1	Unprofessional conduct in another jurisdiction or while practising as a registrant of another college
	39.2	Consideration of past action
	39.3	Public notification
	40	Appeal of discipline committee decision to Supreme Court
Part 4 — Health Profession Corporations
	40.1	Definition
	41	Application of this Part
	42	Health profession corporations
	43	Health profession corporation permits to be issued by board
	44	Revocation of corporation permits
	45	Prohibition against carrying on corporate business
	46	Prohibition against certain voting agreements
	47	Obligations to provide evidence respecting health profession corporation
	48	Repealed
	49	Bylaws applicable to health profession corporations
	50	Regulations respecting health profession corporations
Part 4.1
	50.1	Not in Force
	50.2–50.4	Not in Force
Part 4.2 — Health Professions Review Board
	50.5	Definitions for Part 4.2
	50.51	Health Professions Review Board established
	50.52	Application of Administrative Tribunals Act to the review board
	50.53	Powers and duties of review board
	50.54	Review of registration decisions
	50.55	Timeliness of inquiry committee investigations
	50.56	Investigation by inquiry committee suspended
	50.57	Review — delayed investigation
	50.58	Duties and powers of review board — review of delayed investigations
	50.59	Investigation by inquiry committee terminated
	50.6	Review of inquiry committee decisions
	50.61	Procedural requirements — application for review
	50.62	Review does not operate as stay
	50.63	Exclusive jurisdiction of review board
	50.64	Application of Administrative Tribunals Act to review board for purposes of reviews
	50.65	Reports to minister
Part 5 — General
	51	Offences
	52	Injunction to restrain contravention
	52.1	Not in Force
	52.2	Collection and disclosure of health human resources information
	52.3	Obligation of registrants to provide information
	52.4	Use of health human resources information by government
	53	Confidential information
	54	Deemed receipt of documents
	55	Regulations of the minister
	56	Regulations of the Lieutenant Governor in Council
Schedule

Unprofessional conduct in another jurisdiction or while practising as a registrant of another college

39.1 (1) If the discipline committee learns that

(a) another college established under this Act or a body in another province or a foreign jurisdiction that regulates a health profession in that province or foreign jurisdiction has found, either before or after the registrant was registered under section 20, that the registrant committed an act that, in the opinion of the discipline committee, constitutes unprofessional conduct under this Act, or

(b) the registrant has admitted, either before or after the registrant was registered under section 20, to another college established under this Act or to a body in another province or a foreign jurisdiction that regulates a health profession in that province or foreign jurisdiction, that the registrant committed an act that, in the opinion of the discipline committee, constitutes unprofessional conduct under this Act,

the discipline committee may, without issuing a citation under section 37 or conducting a hearing under section 38, make an order under section 39 (2) respecting the registrant, and section 39 (3), (5) and (7) to (10) applies as if a determination had been made under section 39 (1) by the discipline committee.

(2) The discipline committee may take action under subsection (1) only after giving the registrant the following:

(a) notice of the proposed action, in accordance with the bylaws;

(b) a copy of the record of the relevant decision or findings made or action taken by the other college or body;

(c) an opportunity to be heard, which may be limited to a hearing in writing.

(3) For the purposes of this section, a certified copy of a record of the decision or findings made or action taken by the other college or body in respect of a registrant is proof, in the absence of evidence to the contrary, of the findings made or the action taken, without proof of the signature of the person purporting to have signed on behalf of that college or body.

Consideration of past action

39.2 (1) Before taking any action respecting a registrant under the following provisions, the registrar, inquiry committee or discipline committee may consider any action previously taken under Part 3 respecting the registrant:

(a) in the case of the registrar or the inquiry committee, section 32, 32.2 or 32.3;

(b) in the case of the inquiry committee, section 33 or sections 35 to 37.1;

(c) in the case of the discipline committee, section 38 (8), 39 (2), (5), (8) or (9) or 39.1 (1).

(2) The registrar, inquiry committee or discipline committee may, in applying subsection (1), consider

(a) any action under Part 3 respecting the registrant that occurred or was recorded before the coming into force of this section, or

(b) any action, similar to an action that may be taken under Part 3, that was taken by the governing body for a health profession under a former enactment regulating the health profession.

Public notification

39.3 (1) Subject to subsections (3) and (4), the board, inquiry committee or discipline committee, as the case may be, must direct the registrar to notify the public of the information set out in subsection (2) with respect to any of the following actions:

(a) an action taken under section 32.2 (4) (b), 32.3 (3) (b), 33 (2) or 35 (1);

(b) a consent or undertaking given under section 36 (1) in relation to a serious matter;

(c) a consent order made under section 37.1;

(d) a determination made under section 39 (1);

(e) an order made under section 38 (8), 39 (2), (5), (8) or (9), 39.1 (1) or 44 (1) or (2).

(2) The following information must be included in the notification required under this section:

(a) the name of the registrant respecting whom or the health profession corporation respecting which the action was taken;

(b) a description of the action taken;

(c) the reasons for the action taken.

(3) In the following circumstances, the inquiry committee or discipline committee, as the case may be, must direct the registrar to withhold all or part of the information otherwise required to be included in the public notification under this section:

(a) the inquiry committee or discipline committee considers it necessary to protect the interests of the complainant, if any, in the matter, or another person, other than the registrant, affected by the matter;

(b) the complainant, if any, in the matter, or another person, other than the registrant, affected by the matter, has requested that the notification not contain information that could reasonably be expected to identify the complainant or the other person.

(4) Subject to subsection (5), in the case of

(a) an admission by a registrant that he or she suffers from a condition described in section 33 (4) (e), or

(b) a determination made regarding a registrant under section 39 (1) (e),

the inquiry committee or discipline committee, as the case may be, must direct the registrar to withhold all or part of the information otherwise required to be included in the public notification under this section if the information could reasonably be expected to identify the registrant or personal health information of the registrant respecting the condition.

(5) In the case of a determination made regarding a registrant under section 39 (1) (e), information respecting the registrant must not be withheld under subsection (4) unless the discipline committee is satisfied that the privacy interests of the registrant outweigh the public interest in public notification of the information.

(6) If information respecting a registrant is withheld under subsection (4), the public notification must indicate that information has been withheld.

(7) The notification required under this section may be made by posting a notice on the college website.

Appeal of discipline committee decision to Supreme Court

40 (1) A college, a respondent described in section 38 (2) or a registrant described in section 39.1 (1), aggrieved or adversely affected by an order of the discipline committee under section 39 or 39.1 (1), may appeal the order to the Supreme Court.

(2) An appeal under this section must be commenced within 30 days after the date on which the order described in subsection (1), or the written notice described in section 20 (7), as the case may be, is delivered to the person who has the right to appeal under this section.

(3) An appeal under this section must be commenced by filing a petition in any registry of the Supreme Court, and the Supreme Court Civil Rules relating to petition proceedings apply to the appeal, but Rule 18-3 of those rules does not apply.

(4) The petition commencing an appeal under this section must, within 14 days of its filing in the court registry, be served on

(a) the college, effected by service on the registrar, if the appellant is a respondent described in section 38 (2) or a registrant described in section 39.1 (1),

(b) the respondent or the registrant, if the appellant is the college, and

(c) the complainant, if the matter relates to a complaint.

(5) Only the persons required to be served under subsection (4) (a) and (b) may be parties to an appeal.

(6) [Repealed 2008-29-42.]

(7) On request by a party to an appeal under subsection (1) and on payment by the party of any disbursements and expenses in connection with the request, the registrar must provide that party with copies of part or all, as requested, of the record of the proceeding before the discipline committee.

(8) An appeal under subsection (1) must be a review on the record unless the court is satisfied that a new hearing or the admission of further evidence is necessary in the interests of justice.

(9) On the hearing of an appeal under this section, the court may

(a) confirm, vary or reverse the decision of the discipline committee,

(b) refer the matter back to the discipline committee, with or without directions, or

(c) make any other order it considers appropriate in the circumstances.

(10) A decision of the Supreme Court on an appeal under subsection (1) may be appealed to the Court of Appeal if leave to appeal is granted by a justice of the Court of Appeal.

Definition

40.1 In this Part, "holding company" means a corporation described in section 43 (1) (c) (ii) or (1) (d) (i) (B).

Application of this Part

41 This Part applies to a designated health profession only if a regulation under section 50 (2) (a) provides that it applies.

Health profession corporations

42 (1) Subject to this Act, the regulations and the bylaws, no corporation, other than a health profession corporation holding a valid permit under section 43 (1), may carry on the business of providing to the public health profession services that may be provided by the registrants of the college whose board issued or renewed the permit.

(2) The services referred to in subsection (1) must only be provided by the health profession corporation through one or more persons, each of whom is

(a) a registrant of the college, or

(b) if permitted by the bylaws, an employee of the health profession corporation under the supervision of a registrant of the college.

Health profession corporation permits to be issued by board

43 (1) A board must issue or renew a permit authorizing a corporation to operate as a health profession corporation if satisfied that all the following requirements and conditions have been met:

(a) the corporation is a company within the meaning of the Business Corporations Act and is in good standing under that Act;

(b) if a term is prescribed under section 50 (2) (b) for the designated health profession, the name of the corporation includes the term;

(c) all voting shares of the corporation are legally and beneficially owned by

(i) registrants of the college, or

(ii) companies as defined in the Business Corporations Act, all the voting shares of which are legally and beneficially owned by registrants of the college and all the non-voting shares of which are legally and beneficially owned by persons

(A) who are registrants of the college,

(B) who are the spouse, children, parents, siblings or other relatives of a shareholding registrant of the college, or

(C) who reside with a shareholding registrant of the college;

(d) all non-voting shares of the corporation are

(i) legally and beneficially owned by persons who are

(A) described in paragraph (c) (ii) (A) to (C), or

(B) companies as defined in the Business Corporations Act, all the shares of which are legally and beneficially owned by persons described in paragraph (c) (ii) (A) to (C), or

(ii) held in trust by a trustee who is a person resident in Canada and approved by the board, on behalf of a trust

(A) that is governed by the laws of British Columbia or another jurisdiction in Canada, and

(B) all the beneficiaries of which are persons described in paragraph (c) (ii) (A) to (C);

(e) all the directors of the corporation are registrants of the college;

(f) all the persons who will be providing the services on behalf of the corporation are registrants of the college or are under the supervision of a registrant of the college;

(g) all requirements and conditions established by bylaw under section 49 have been met;

(h) all requirements and conditions established by regulation under section 50 have been met.

(1.1) In subsection (1) (c) (ii) (B), "spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

(2) A board may refuse to issue or renew a permit under subsection (1) if

(a) the health profession corporation has previously had its permit revoked, or

(b) a shareholder, director or officer of the health profession corporation was a shareholder, director or officer of a health profession corporation that previously had its permit revoked.

(3) Despite subsection (1), voting or non-voting shares of a health profession corporation may be vested in

(a) an executor or administrator of the estate of a deceased registrant to allow the executor or administrator to discharge duties as executor or administrator of the estate, or

(b) a trustee in bankruptcy to allow the trustee to discharge duties as trustee in bankruptcy in respect of the corporation or a registrant.

(4) In this section, "board" includes the registrar if the board has authorized the registrar to act for it under this section.

Revocation of corporation permits

44 (1) A board, by order, may, after a hearing, revoke a permit issued by it to a health profession corporation if

(a) in the course of providing services the corporation, its officers, employees or agents does anything that, if done by a registrant, would be professional misconduct,

(b) the corporation ceases to comply with a requirement or condition referred to in section 43 (1), or

(c) the corporation contravenes section 45.

(2) As alternatives to revoking a permit, a board, by order, may

(a) reprimand one or more shareholders of the corporation who are registrants, or

(b) impose a fine on the corporation in an amount not exceeding $10 000.

(3) A health profession corporation against which or a registrant against whom a decision under subsection (1) or (2) is made may appeal the decision to the Supreme Court and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.

(4) If a board revokes a permit for a health profession corporation or refuses to renew a permit for a health profession corporation, it must notify the Registrar of Companies for the purposes of section 29 (5) of the Business Corporations Act.

Prohibition against carrying on corporate business

45 (1) A corporation that has a term prescribed by regulation under section 50 (2) (b) as part of its name must not carry on any business unless it holds a valid permit under section 43 (1).

(2) A health profession corporation that holds a valid permit under section 43 (1) must not carry on any activities, other than the provision of services referred to in section 42 and services that are directly associated with the provision of those services that would, for the purposes of the Income Tax Act (Canada), give rise to income from business.

(3) An act of a corporation, including a transfer of property to or by the corporation, is not invalid merely because the corporation contravenes subsection (1) or (2).

Prohibition against certain voting agreements

46 (1) A shareholder of a health profession corporation must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a registrant qualified to hold shares in the corporation the authority to exercise the voting rights attached to any or all of the shares of the shareholder.

(2) A shareholder of a holding company must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a registrant qualified to hold shares in the holding company the authority to exercise the voting rights attached to any or all of the shares of the shareholder.

Obligations to provide evidence respecting health profession corporation

47 A shareholder, director, officer or employee of a health profession corporation may be compelled in a proceeding under this Act, other than a proceeding under section 51 in which the person is a defendant, to give evidence and to produce all files and records in his or her possession or power that are relevant to a matter raised in the proceeding.

Repealed

48 [Repealed 2006-23-20.]

Bylaws applicable to health profession corporations

49 (1) The bylaws of a board under section 19 apply to health profession corporations under the board's authority and the board may exercise the powers conferred under this Act to enforce those bylaws against a health profession corporation.

(2) A board may make bylaws it considers necessary or advisable in relation to health profession corporations under its authority.

(3) Without limiting subsection (2), a board may make bylaws respecting the following matters:

(a) the issue and renewal of permits, including the setting of fees and the establishment of procedures for obtaining or renewing permits;

(b) procedures for revocation of permits and for hearings respecting revocation of permits under section 44;

(c) names and the approval of names, including the types of names, by which a health profession corporation may be known;

(d) the disposition of shares in a health profession corporation belonging to a shareholder who ceases to be a registrant or who remains a registrant but is not qualified to practise the designated health profession;

(e) requirements for the issuance or renewal of permits and the limits or conditions that may be imposed on permits, including the establishment of amounts of professional liability protection or insurance coverage that health profession corporations must carry or must provide to each of their employees.

(4) Provisions in a bylaw under this section may be different, at the discretion of the board, for different permit holders.

(5) Section 19 (3) to (4) and (6.2) applies to bylaws made under this section.

Regulations respecting health profession corporations

50 (1) The minister may make regulations respecting health profession corporations for a designated health profession.

(2) Without limiting subsection (1), the minister may make regulations respecting the following:

(a) the application of this Part to a designated health profession;

(b) a term that must be included in the name of a health profession corporation.

(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed by the minister for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.

(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.

Not in Force

50.1 [Not in force. Repealed.]

Not in Force

50.2–50.4 [Not in Force.]

Definitions for Part 4.2

50.5 In this Part:

"chair" means the chair of the Health Professions Review Board;

"registration committee" includes

(a) the registrar or board for a college, as the case may be, and

(b) if a college has established one or more classes of certified non-registrants, the person or committee authorized under the bylaws of the college to certify persons as certified non-registrants;

"registration decision" means a decision made by a registration committee

(a) to refuse to grant an application for registration as a member of a college under section 20, except for a refusal under section 20 (2.1) or (3),

(b) to grant registration in a class of registrants under section 20 with limits or conditions on the practice of the designated health profession by the registrant, except limits or conditions imposed under section 20 (2.1) or (3), or

(c) if a college has established one or more classes of certified non-registrants, to refuse an application for certification as a certified non-registrant.

Health Professions Review Board established

50.51 (1) The Health Professions Review Board is established consisting of the members appointed by the Lieutenant Governor in Council.

(2) The chair of the review board must be a member or former member of the Law Society of British Columbia or a law society of another province of Canada.

(3) A person may not be a member of the review board if the person is

(a) a registrant of a college or a certified non-registrant,

(b) a member of a body, in another province or a foreign jurisdiction, that regulates a health profession in that other province or foreign jurisdiction,

(c) an employee or agent of the government of British Columbia, or

(d) an employee or agent of the government of another province or a foreign jurisdiction.

Application of Administrative Tribunals Act to the review board

50.52 The following sections of the Administrative Tribunals Act apply to the review board:

(a) section 1 [definitions];

(b) section 2 [chair's initial term and reappointment];

(c) section 3 [member's initial term and reappointment];

(d) section 4 [appointment of acting chair];

(e) section 5 [member's absence or incapacitation];

(f) section 6 [member's temporary appointment];

(g) section 7 [powers after resignation or expiry of term];

(h) section 8 [termination for cause];

(i) section 9 [responsibilities of the chair];

(j) section 10 [remuneration and benefits for members];

(k) section 26 [organization of tribunal];

(l) section 27 [staff of tribunal];

(m) section 30 [tribunal duties];

(n) section 55 [compulsion protection];

(o) section 56 [immunity protection for tribunal and members].

Powers and duties of review board

50.53 (1) The review board has the following powers and duties:

(a) on application under section 50.54 (2), to review a registration decision;

(b) on application by a registrant or complainant under section 50.57 (1), to review the failure, by the inquiry committee, to dispose of a complaint made under section 32 (1) or an investigation under section 33 (4) within the time required under section 50.55;

(c) on application by a complainant under section 50.6, to review a disposition of a complaint made by the inquiry committee under section 32 (3), 33 (6) (a) to (c) or 37.1;

(d) to develop and publish guidelines and recommendations for the purpose of assisting colleges to establish and employ registration, inquiry and discipline procedures that are transparent, objective, impartial and fair.

(2) In exercising its powers and performing its duties under subsection (1) (d), the review board may consult with colleges, registrants, members of health profession associations and any other persons that the review board considers necessary or appropriate.

Review of registration decisions

50.54 (1) In this section, "applicant" means

(a) a person applying for registration as a member of a college who is refused a grant of registration under section 20, except for a refusal under section 20 (2.1) or (3),

(b) a registrant who is granted registration in a class of registrants under section 20 (2) with limits or conditions on the practice of the designated health profession by the registrant, except limits or conditions imposed under section 20 (2.1) or (3), or

(c) a person applying for certification as a certified non-registrant who is refused certification.

(2) An applicant may apply to the review board for a review of a registration decision.

(3) An application under subsection (2) must be made within 30 days of the day on which written notice of the registration decision is delivered to the applicant.

(4) An applicant applying for review under subsection (2) must, within the time period set out in subsection (3), deliver a copy of the application to the college.

(5) Only the applicant and the college may be parties to a review under this section.

(6) On receipt of an application under subsection (2), the review board must conduct a review of the registration decision.

(7) A review under this section is a review on the record.

(8) The review board may hear evidence that is not part of the record as reasonably required by the review board for a full and fair disclosure of all matters related to the issues under review.

(9) On completion of its review under this section, the review board may make an order

(a) confirming the registration decision,

(b) directing the registration committee to make a decision that could have been made by the registration committee in the matter, or

(c) sending the matter back to the registration committee for reconsideration with directions.

(10) The review board may make an order under subsection (9) directing the registration committee to grant registration with or without limits or conditions, or certification, as the case may be, only if the review board is satisfied that

(a) all of the following apply:

(i) the registration committee failed to act fairly in considering the application for registration or certification;

(ii) the registration decision

(A) was made arbitrarily or in bad faith,

(B) was made for an improper purpose,

(C) was based entirely or predominantly on irrelevant factors, or

(D) failed to take requirements under this Act into account;

(iii) the conditions described in subsection (11) (a) or (b) are met, or

(b) the person is a person to whom the registration committee is obliged under the Labour Mobility Act to grant registration or certification.

(11) The following conditions apply for the purposes of subsection (10) (a) (iii):

(a) in the case of a person applying for registration as a member of the college,

(i) the person's knowledge, skills and abilities must be substantially equivalent to the standards of academic or technical achievement and the competencies or other qualifications required for registration in a class of registrants, and

(ii) the applicant must meet any other conditions or requirements for registration in the class of registrants;

(b) in the case of a person applying for certification as a certified non-registrant,

(i) the applicant's knowledge, skills and abilities must be substantially equivalent to the training or educational requirements for certification in a class of certified non-registrants, and

(ii) the applicant must meet any other conditions or other requirements for certification in the class of certified non-registrants.

(12) The review board must, no later than 30 days after making its order under subsection (9), deliver a copy of the order to the parties to the review.

(13) Nothing in this Act precludes a decision of a registration committee or of the review board from being referred to the Supreme Court for review under section 4 of the Labour Mobility Act.

Timeliness of inquiry committee investigations

50.55 (1) In this section and in sections 50.57, 50.58 and 50.6, "registrant" means a registrant as defined in section 26.

(2) If a complaint made under section 32 (1) or an investigation by the inquiry committee under section 33 (4) has not been disposed of under section 32 (3) or 33 (6) within the period prescribed by the minister, the inquiry committee must, not later than 30 days after the expiry of the prescribed period, deliver written notice of that fact and an expected date of disposition to the following:

(a) the registrant under investigation;

(b) the complainant, if any.

(3) The expected date of disposition referred to in subsection (2) must fall within a further period, prescribed by the minister, from the date of the written notice referred to in that subsection.

(4) If the inquiry committee has not disposed of the complaint or the investigation by the expected date of disposition set out in the notice required under subsection (2), the inquiry committee must, not later than 30 days after that date, deliver written notice of and reasons for the delay, a new expected date of disposition and the right to apply for a review under section 50.57 to the following:

(a) the registrant;

(b) the complainant, if any;

(c) the review board.

(5) The new expected date of disposition referred to in subsection (4) must not be later than 45 days following the date of the expected date of disposition set out in the notice required under subsection (2).

(6) If the inquiry committee has not disposed of the complaint or the investigation by the new expected date of disposition set out in the notice required under subsection (4), the inquiry committee must, within 30 days after that date, deliver written notice to that effect to the following:

(a) the registrant;

(b) the complainant, if any;

(c) the review board.

Investigation by inquiry committee suspended

50.56 If the inquiry committee has not disposed of a complaint or investigation on or before the new expected date of disposition set out in the notice required under section 50.55 (4), the investigation by the inquiry committee is suspended until the time period to file an application for review under section 50.57 (1) has expired and either

(a) no application has been filed, or

(b) an application has been filed and the review board proceeds under section 50.58 (1) (a) or (b).

Review — delayed investigation

50.57 (1) A registrant or any complainant may apply to the review board for review of a complaint or investigation described in section 50.53 (1) (b) no later than 30 days after the date on which the notice required under section 50.55 (6) is delivered to the registrant or complainant.

(2) A person making an application for review under subsection (1) must, within the time period set out in that subsection, deliver a copy of the application

(a) to the inquiry committee,

(b) if the person is the registrant, to the complainant, if any, and

(c) if the person is the complainant, to the registrant.

Duties and powers of review board — review of delayed investigations

50.58 (1) Upon receipt of an application under section 50.57, the review board may

(a) by order, send the matter back to the inquiry committee, with directions the review board considers appropriate, to continue and complete the investigation and dispose of the matter within the time period directed by the review board, or

(b) investigate and dispose of the matter under section 33 (6).

(2) The review board must, within 30 days of receipt of the application, deliver written notice of the action taken or to be taken by the review board with respect to the matter to

(a) the inquiry committee,

(b) the registrant, and

(c) the complainant, if any.

Investigation by inquiry committee terminated

50.59 If the review board investigates a matter under section 50.58 (1) (b),

(a) the inquiry committee has no further jurisdiction to investigate the matter and must cease all activities related to its investigation, and

(b) the review board has all the powers of the inquiry committee with respect to the investigation and disposition of the matter, and may appoint an inspector who has all the powers and duties of an inspector under section 28 as if the inspector were appointed by the inquiry committee under section 27.

Review of inquiry committee decisions

50.6 (1) A complainant may apply to the review board for a review of a disposition described in section 50.53 (1) (c).

(2) An application under subsection (1) must be made within 30 days of the day on which written notice of the disposition is delivered to the complainant.

(3) A complainant under subsection (1) must, within the time period set out in subsection (2), deliver a copy of the application to the college and the registrant who is the subject of the complaint.

(4) Only the complainant, the college and the registrant may be parties to a review under this section.

(5) On receipt of an application under subsection (1), the review board must conduct a review of the disposition and must consider one or both of the following:

(a) the adequacy of the investigation conducted respecting the complaint;

(b) the reasonableness of the disposition.

(6) A review under this section is a review on the record.

(7) The review board may hear evidence that is not part of the record as reasonably required by the review board for a full and fair disclosure of all matters related to the issues under review.

(8) On completion of its review under this section, the review board may make an order

(a) confirming the disposition of the inquiry committee,

(b) directing the inquiry committee to make a disposition that could have been made by the inquiry committee in the matter, or

(c) sending the matter back to the inquiry committee for reconsideration with directions.

(9) The review board must, no later than 30 days after making an order under subsection (8), deliver a copy of the order to the parties to the review.

Procedural requirements — application for review

50.61 (1) An application for a review under this Part must

(a) be in writing,

(b) identify the decision or investigation or disposition for which a review is being requested,

(c) state the relief being sought, and in the case of a decision or disposition, why the decision or disposition should be changed,

(d) contain the name, address and telephone number of the applicant, and if the applicant has an agent to act on the applicant's behalf in respect of the review, the name of the agent and the telephone number at which the agent may be reached during regular business hours,

(e) include an address for service for the purpose of delivery of any notices in respect of the review, and

(f) be signed by the applicant or the applicant's agent.

(2) An application for a review under this Part must be accompanied by the fee prescribed by the Lieutenant Governor in Council.

(3) Despite subsections (1) and (2), if an application for review is deficient or if the prescribed fee is outstanding, the chair or the chair's delegate may allow a reasonable period of time within which the application is to be corrected or the fee is to be paid.

(4) On application, the review board may extend the time for filing an application for review under this Part, even if the time for filing an application has expired, if the review board is satisfied that special circumstances exist.

Review does not operate as stay

50.62 Subject to sections 50.56 and 50.59, the commencement of a review under this Part does not operate as a stay or suspend the operation of the decision, investigation or disposition under review unless the review board orders otherwise.

Exclusive jurisdiction of review board

50.63 (1) The review board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in a review or an investigation and disposition under this Part and to make any order permitted to be made.

(2) A decision or order of the review board under this Part on a matter in respect of which the review board has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

Application of Administrative Tribunals Act to review board for purposes of reviews

50.64 The sections of the Administrative Tribunals Act set out in Column 1 of the Schedule, as described opposite them in Column 2, apply for the purposes of a review under section 50.54 or 50.6.

Reports to minister

50.65 (1) The chair must, not later than July 31 in each year, submit to the minister an annual report respecting the activities of the review board in the immediately preceding calendar year, in the form and containing the information required by regulation of the minister.

(2) The chair may, at any other time the chair considers necessary or appropriate, submit to the minister a report respecting the activities of the review board, or any matters arising from those activities, that the chair considers should be brought to the minister's attention.

Offences

51 (1) A person who contravenes section 12.1 (1), (2) or (3), 13 (1), (2) or (3), 20 (5), 31 (1) or (2), 50.2, 52.1 (1) or 53 (1) or (2) commits an offence.

(1.1) A person who contravenes section 25.94 (1) or (4) commits an offence.

(2) Section 5 of the Offence Act does not apply to this Act, the regulations or any bylaws made under this Act.

(3) A prosecution of an offence under this Act must not be commenced after the expiration of 2 years from the date of the alleged offence.

(4) In any prosecution under this Act, it is sufficient to prove that the accused has done or committed a single act of unauthorized practice or has committed on one occasion any of the acts prohibited by this Act.

Injunction to restrain contravention

52 (1) Any person may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening any provision of this Act, the regulations or the bylaws.

(2) A contravention may be restrained under subsection (1) whether or not a penalty or other remedy has been provided under this Act.

Not in Force

52.1 [Not in Force.]

Collection and disclosure of health human resources information

52.2 (1) In this section and in sections 52.3 and 52.4:

"health human resources information" means statistical and other information, prescribed by the minister, respecting registrants, persons applying for registration as a member of a college, certified non-registrants and non-registrants applying for certification under the bylaws of a college;

"health human resources planning and management" means planning and taking action to ensure the sufficiency and appropriate distribution of health professionals in the Province;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) A college must, in accordance with the regulations of the minister,

(a) collect health human resources information and personal information, as considered necessary or appropriate by the minister for the purposes of health human resources planning and management, directly from

(i) registrants,

(ii) certified non-registrants,

(iii) persons applying for registration as a member of the college, and

(iv) non-registrants applying for certification under the bylaws of the college,

(b) assign a unique identification number for each person for whom information is collected under paragraph (a), and

(c) provide health human resources information to the minister.

(3) A college must not disclose to the minister, in individually identifiable form, any personal information collected under this section.

Obligation of registrants to provide information

52.3 A registrant or a certified non-registrant who receives a request for health human resources information and personal information under section 52.2 (2) (a) from the college of which the registrant is a member or by which the certified non-registrant is certified must provide the health human resources information and personal information to the college in accordance with the regulations of the minister.

Use of health human resources information by government

52.4 The minister may use health human resources information provided by a college under section 52.2 (2) (c) as the minister considers necessary or appropriate for the purposes of health human resources planning and management, including publishing the information for those purposes.

Confidential information

53 (1) Subject to the Ombudsperson Act, a person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty under this Act unless the disclosure is

(a) necessary to exercise the power or to perform the duty, or

(b) authorized as being in the public interest by the board of the college in relation to which the power or duty is exercised or performed.

(2) Insofar as the laws of British Columbia apply, a person must not give, or be compelled to give, evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or in the performance of a duty under Part 2.1 or Part 3 unless

(a) the proceedings are under this Act, or

(b) disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act.

(3) The records relating to the exercise of a power or the performance of a duty under Part 2.1 or Part 3 are not compellable in a court or in proceedings of a judicial nature insofar as the laws of British Columbia apply unless

(a) the proceedings are under this Act, or

(b) disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act.

Deemed receipt of documents

54 (1) If a notice or other document is required to be delivered to a person under this Act, it is deemed to have been received by the person 7 days after the date on which it was mailed if it is sent by registered mail,

(a) in the case of a document to be delivered to a registrant, to the last address for that registrant recorded in the register referred to in section 21 (2), and

(b) in other cases, to the last address of that person known to the sender.

(2) For the purpose of proving deemed receipt of a document referred to in subsection (1), proof of receipt may be made by affidavit as to the date on which the document was sent by registered mail.

Regulations of the minister

55 (1) The minister may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the minister may make regulations as follows:

(a) subject to this Act, prescribing a change in the composition of a committee established under section 19 (1) (t), or of panels of a committee;

(b) requiring that a board or a committee established under section 19 (1) (t) open its meetings, subject to section 53, to attendance by

(i) the registrants, or

(ii) members of the public;

(c) in respect of a regulation under paragraph (b), specifying the circumstances in which a board or a committee established under section 19 (1) (t) may exclude registrants or members of the public from meetings of the board or the committee;

(d) establishing a deadline for a committee established under section 19 (1) (t) to complete a stage of its work respecting the registration of applicants to a college or the disposal of matters under Part 3 and establishing that the committee must report to the minister, or a person specified by the minister, if the deadline is missed;

(d.1) establishing the prescribed number of days for the purposes of section 19 (3.1);

(e) prescribing, for the purposes of section 21 (2) (e), the additional information required to be included in the register, the time periods for which information must be kept for the register, and the conditions or requirements for the removal of information from the register;

(e.1) specifying, for the purposes of section 22 (2), the circumstances in which the registrar must or may refuse a person access to the register or to any information in the register;

(f) [Repealed 2008-29-53.]

(f.1) specifying the requirements for a college website for the purposes of section 18 (3), including requirements for the information to be posted on the website and the format for posting that information;

(g) prescribing activities for the purposes of the definition of "restricted activity" in section 1;

(h) exempting a person, or a class of persons, for the purposes of section 50.2 (1) (c);

(i) exempting an activity for the purposes of section 50.2 (1) (d);

(j) prescribing the oath of office for the purposes of section 17.11;

(k) specifying the form and content of an annual report required under section 18 (2);

(l) respecting requirements for quality assurance programs established under section 19 (1) (k.2);

(m) respecting funding of therapy and counselling for the purposes of section 39.4;

(n) prescribing information for the purposes of the definition of "health human resources information" in section 52.2 (1);

(o) establishing the time periods and form and manner for providing information under sections 52.2 (2) (c) and 52.3;

(p) prescribing the time periods for the purposes of section 50.55 (2) and (3);

(q) prescribing a health profession for the purposes of sections 12 (3), 19 (6.2) and (7), 50 (3), 50.3 (4) and subsection (3) of this section;

(r) specifying the form and content of reports required under section 50.65 (1);

(s) prescribing an agreement for the purposes of section 20.4 (2) (a) (iii);

(t) respecting any other matter for which regulations of the minister are contemplated by this Act.

(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed by the minister for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.

(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.

(5) A regulation made under subsection (2) (l), (n) or (o) may be different for different colleges or different groups of colleges.

Regulations of the Lieutenant Governor in Council

56 The Lieutenant Governor in Council may make regulations respecting any matter for which regulations by the Lieutenant Governor in Council are contemplated by this Act.

Column 1 Section of Administrative Tribunals Act	Column 2 Description
Section 11	[general power to make rules respecting practice and procedure]
Section 12	[practice directives review board must make]
Section 13	[practice directives review board may make]
Section 14	[general power to make orders]
Section 15	[interim orders]
Section 16	[consent orders]
Section 17	[withdrawal or settlement of review]
Section 18	[failure of party to comply with review board orders and rules]
Section 19	[service of notice or documents]
Section 20	[when failure to serve does not invalidate proceeding]
Section 21	[notice of hearing by publication]
Section 28	[appointment of person to conduct dispute resolution process]
Section 29	[disclosure protection]
Section 31	[summary dismissal]
Section 32	[representation of parties to a review]
Section 33	[interveners]
Section 34 (3)	[order to give evidence or produce documents]
Section 34 (4)	[application to court by review board for order requiring person to comply]
Section 35	[recording of review board proceedings]
Section 36	[form of review hearing]
Section 37	[reviews involving similar questions]
Section 38	[examination of witnesses]
Section 39	[adjournments]
Section 40	[information admissible in review board proceedings]
Section 41	[hearings open to public]
Section 42	[discretion to receive evidence in confidence]
Section 44	[review board without jurisdiction over constitutional questions]
Section 46.2	[limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code]
Section 47	[power to award costs]
Section 48	[maintenance of order at hearings]
Section 49	[contempt proceeding for uncooperative witness or other person]
Section 50	[decisions]
Section 51	[final decision]
Section 52	[notice of decision]
Section 53	[amendment to final decision]
Section 54	[enforcement of review board's final decision]
Section 57	[time limit for judicial review]
Section 58	[standard of review — privative clause]
Section 60	[power to make regulations]
Section 61	[application of Freedom of Information and Protection of Privacy Act]

Health Professions Act

[RSBC 1996] CHAPTER 183