2012 BILL 42

	42


First Session, 47th General Assembly 61 Elizabeth II, 2012
BILL 42
AN ACT TO AMEND VARIOUS ACTS OF THE PROVINCE RESPECTING ANNUAL REPORTS
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE SUSAN SULLIVAN Minister of Health and Community Services
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the following Acts to remove the requirement that the annual report of the regulatory body be tabled in the House of Assembly:

· Chiropractors Act, 2009;

· Dental Act, 2008;

· Health Professions Act;

· Registered Nurses Act, 2008; and

· Social Workers Act.

This Bill would also amend the following Acts to require that the minister publish the annual report of a regulatory body on the Health and Community Services website and, where the regulatory body has a website, that the regulatory body publish the annual report on its website:

· Chiropractors Act, 2009;

· Dental Act, 2008;

· Denturists Act, 2005;

· Dietitians Act;

· Dispensing Opticians Act, 2005;

· Health Professions Act;

· Hearing Aid Practitioners Act;

· Licensed Practical Nurses Act, 2005;

· Massage Therapy Act, 2005;

· Medical Act, 2011;

· Occupational Therapists Act, 2005;

· Optometry Act, 2012;

· Physiotherapy Act, 2006;

· Psychologists Act, 2005;

· Registered Nurses Act, 2008; and

· Social Workers Act.

A BILL

AN ACT TO AMEND VARIOUS ACTS OF THE PROVINCE RESPECTING ANNUAL REPORTS

Analysis

1. Short title

CHIROPRACTORS ACT, 2009

2. S.9 R&S
Annual report

DENTAL ACT, 2008

3. S.8 Amdt.
Annual meeting and report

DENTURISTS ACT, 2005

4. S.7 R&S
Annual report

DIETITIANS ACT

5. S.18 R&S
Annual report

DISPENSING OPTICIANS ACT, 2005

6. S.9 R&S
Annual report

HEALTH PROFESSIONS ACT

7. S.16 R&S
Annual report

HEARING AID PRACTITIONERS ACT

8. S.6 R&S
Annual report

LICENSED PRACTICAL NURSES ACT, 2005

9. S.6 Amdt.
Annual meeting and report

MASSAGE THERAPY ACT, 2005

10. S.8 R&S
Annual report

MEDICAL ACT, 2011

11. S.10 Amdt.
Annual meeting

OCCUPATIONAL THERAPISTS ACT, 2005

12. S.7 R&S
Annual report

OPTOMETRY ACT, 2012

13. S.13 R&S
Annual report

PHYSIOTHERAPY ACT, 2006

14. S.6 Amdt.
Annual meeting

PSYCHOLOGISTS ACT, 2005

15. S.7 R&S
Annual report

REGISTERED NURSES ACT, 2008

16. S.7 Amdt.
Annual meeting

SOCIAL WORKERS ACT

17. S.16 R&S
Annual report

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 Annual Report Amendment Act.

CHIROPRACTORS ACT, 2009

SNL2009 cC-14.01

2. Section 9 of the Chiropractors Act, 2009 is repealed and the following substituted:

Annual report

9. (1) The board shall prepare and submit to the minister not later than 6 months after the end of its financial year

(a) a report on the activities of the board in the previous year; and

(b) the board's audited financial statements for the previous financial year.

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

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

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

DENTAL ACT, 2008

SNL2008 cD-6.1

3. Subsections 8(3), (4) and (5) of the Dental Act, 2008 are repealed and the following substituted:

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

(a) a report on its activities; and

(b) its audited financial statements.

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

(5) Where the board has a website, the board 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 board 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.

DENTURISTS ACT, 2005

SNL2005 cD-7.1

4. Section 7 of the Denturists Act, 2005 is repealed and the following substituted:

Annual report

7. (1) The board shall prepare and submit to the minister before July 1,

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

(b) the board's audited financial statements.

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

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

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

DIETITIANS ACT

SNL2005 cD-23.1

5. Section 18 of the Dietitians Act is repealed and the following substituted:

Annual report

18. (1) The college shall prepare and submit to the minister before July 1,

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

(b) the college's audited financial statements.

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

(3) 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.

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

DISPENSING OPTICIANS ACT, 2005

SNL2005 cD-25.1
as amended

6. Section 9 of the Dispensing Opticians Act, 2005 is repealed and following substituted:

Annual report

9. (1) The board shall prepare and submit to the minister before July 1,

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

(b) the board's audited financial statements.

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

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

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

HEALTH PROFESSIONS ACT

SNL2010 cH-1.02

7. Section 16 of the Health Professions Act is repealed and the following substituted:

Annual report

16. (1) The council shall prepare and submit to the minister not later than 6 months after the end of the financial year a report on the activities of the council in the previous year which shall contain

(a) the council's audited financial statements for the previous financial year;

(b) statistics respecting the frequency and circumstances of access to patient records without patient consent under Part III; and

(2) The minister shall publish the annual reports on the Health and Community Services website.

(3) The council shall publish the annual report on its website in a manner that the annual report may be accessed by a member of the public.

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

HEARING AID PRACTITIONERS ACT

SNL2005 cH-2.01

8. Section 6 of the Hearing Aid Practitioners Act is repealed and the following substituted:

Annual report

6. (1) The board shall prepare and submit to the minister before July 1,

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

(b) the board's audited financial statements.

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

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

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

LICENSED PRACTICAL NURSES ACT, 2005

SNL2005 cL-12.1
as amended

9. Subsections 6(3) and (4) of the Licensed Practical Nurses Act, 2005 are repealed and the following substituted:

(3) The college shall prepare and submit to the minister before July 1,

(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), the college is guilty of an offence and is liable upon summary conviction to a fine of $1,000.

MASSAGE THERAPY ACT, 2005

SNL2005 cM-1.2
as amended

10. Section 8 of the Massage Therapy Act, 2005 is repealed and the following substituted:

Annual report

8. (1) The college shall prepare and submit to the minister before July 1

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

(b) the college's audited financial statements.

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

(3) 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.

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

MEDICAL ACT, 2011

SNL2011 cM-4.02

11. Subsections 10(3), (4) and (5) of the Medical Act, 2011 are repealed and the following substituted:

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

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

(b) the college's audited financial statements.

(4) The report referred to in paragraph (3)(a) shall contain statistics respecting the frequency and circumstances of access to patient records without patient consent under section 71.

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

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

(7) Where the council fails to comply with subsection (3), (4) or (6), the college is guilty of an offence and is liable upon summary conviction to a fine of $1,000.

OCCUPATIONAL THERAPISTS ACT, 2005

SNL2005 cO-4.1
as amended

12. Section 7 of the Occupational Therapists Act, 2005 is repealed and the following substituted:

Annual report

7. (1) The board shall prepare and submit to the minister before July 1

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

(b) the board's audited financial statements.

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

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

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

OPTOMETRY ACT, 2012

SNL2012 cO-7.02

13. Section 13 of the Optometry Act, 2012 is repealed and the following substituted:

Annual report

13. (1) The college shall prepare and submit to the minister before July 1 in a year

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

(b) the college's audited financial statements.

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

(3) 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.

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

PHYSIOTHERAPY ACT, 2006

SNL2006 cP-13.1

14. Subsections 6(4) and (5) of the Physiotherapy Act, 2006 are repealed and the following substituted:

(4) The council shall prepare and submit to the minister before July 1

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

(b) the college's audited financial statements.

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

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

(7) Where the council fails to comply with subsection (4) or (6), the college is guilty of an offence and is liable upon summary conviction to a fine of $1,000.

PSYCHOLOGISTS ACT, 2005

SNL2005 cP-34.1
as amended

15. Section 7 of the Psychologists Act, 2005 is repealed and the following substituted:

Annual report

7. (1) The board shall prepare and submit to the minister before July 1

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

(b) the board's audited financial statements.

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

(3) The board shall publish the annual report on its website in a manner that the annual report may be accessed by a member of the public.

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

REGISTERED NURSES ACT, 2008

SNL2008 cR-9.1
as amended

16. Subsections 7(3), (4) and (5) of the Registered Nurses Act, 2008 are repealed and the following substituted:

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

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

(b) the associations audited financial statements.

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

(5) Where the association has a website, the association 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 association 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.

SOCIAL WORKERS ACT

SNL2010 cS-17.2

17. Section 16 of the Social Workers Act is repealed and the following substituted:

Annual report

16. (1) The board shall prepare and submit to the minister not later than 6 months after the end of the financial year a report on the activities of the association in the previous year which shall contain the association's audited financial statements for that financial year.

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

(3) The board shall publish the annual report on its website in a manner that the annual report may be accessed by a member of the public.

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