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55 |
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Second
Session, 45th General Assembly 54
Elizabeth II, 2005 |
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AN ACT RESPECTING THE
PRACTICE OF |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
JOHN OTTENHEIMER Minister
of Health and Community Services |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would revise the law respecting the regulation of massage therapists. In particular, the Bill would establish a clear separation between advocacy on behalf of the professional group and the responsibility of the governing body of the professional group to establish and enforce qualifications for licensure or registration in the interest of the protection of the public. The second principal focus of the
Bill is the establishment of a disciplinary regime that fully incorporates the
developed principles of administrative law respecting impartiality, fairness,
and the right to be heard. |
A AN ACT RESPECTING THE PRACTICE OF MASSAGE
THERAPY Analysis 1. Short title 2. Definitions 3. Board continued 4. Appointed directors 5. Meetings of board 6. Functions and duties 7. Fees and audit 8. Annual report 9. Prohibition 10. Registration and licence 11. Registrar 12. Proof of registration 13. Definitions 14. Complaints and disciplinary panel 15. Allegation 16. Effect of filing allegation 17. Complaints authorization committee 18. Adjudication 19. Hearing 20. Guilty plea by respondent 21. Powers of adjudication tribunal 22. Filing and publication of decisions 23. De-registration and suspension 24. Failure to comply 25. Reinstatement and readmission 26. Costs of college 27. Collection of fine 28. Appeal to Trial Division 29. Copies of books, etc. as evidence 30. Regulations 31. By-laws, fees and forms 32. Protection from liability 33. Offence 34. Transition 35. SNL2001 cM-1.1 Rep. Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Massage Therapy
Act, 2005. Definitions 2. In
this Act (a) "association" means the (b) "board" means the governing board of
the college; (c) "chairperson", unless the context
requires otherwise, means the chairperson of the board of the college; (d) "college" means the college
continued under section 3; (e) "licence" means a licence to practise
massage therapy issued under this Act; (f) "massage therapist" means a person
who is registered and holds a licence; (g) "massage therapy" means the
assessment of the soft tissue and joints of the body and the treatment and
prevention of physical dysfunction and pain of the soft tissues and joints by
manipulation to develop, maintain, rehabilitate or augment physical function or
to relieve pain or to promote health; (h) "member" means a member in good
standing of the college who is a massage therapist; (i) "minister" means the minister
appointed under the Executive Council Act
to administer this Act; and (j) "registrar" means the registrar of
massage therapists elected or appointed under subsection 11(1). Board continued 3. (1) The
Newfoundland and Labrador Massage Therapists' Board is continued under the name
College of Massage Therapists of Newfoundland and Labrador as a corporation
without share capital for the purposes of Part XXI of the Corporations Act. (2) A person who is registered and holds a licence
under section 10 is a member of the college. (3) There shall be a board responsible for
governing the college, which consists of (a) 5 directors elected from and by members in
accordance with the by-laws; and (b) 2 directors appointed under section 4 who are not members. (4) The board governs the college and may exercise
in the name and on behalf of the college its powers. (5) A member of the board of directors of the
association is ineligible to be a director of the board established under this
section. (6) The board shall elect from the directors a
chairperson. (7) The chairperson shall chair all meetings of
the board and the annual general meeting of members required under section 5. (8) A director may be elected for a term set by the
by-laws which shall not exceed 3 years and is eligible to be re-elected, but
shall not hold the office of director for more than 9 consecutive years. (9) An elected director may resign the office of
director by written notice to the board. (10) Where an elected director resigns, dies or
becomes incapable of performing the duties of a director, the remaining
directors shall appoint a replacement to serve until the next annual general
meeting. Appointed
directors 4. (1) The
minister shall appoint as directors of the board 2 persons who are not massage
therapists who are suitable to represent the public interest. (2) A person appointed under subsection (1) holds
office for a term of 3 years and is eligible to be re-appointed. (3) Where a person appointed under subsection (1)
holds office for a period of 9 consecutive years the person is not eligible for
appointment as a member of the board until the expiration of 12 months from the
end of the year in which he or she was last a director. (4) Where the term of an appointed director
expires, he or she continues to be a director until re-appointed or replaced. (5) The college shall pay the expenses of an
appointed director in accordance with guidelines established by the
Lieutenant-Governor in Council. (6) A person appointed under subsection (1) may
resign the office of director by written notice to the minister. Meetings of board 5. (1) The
board shall hold at least one annual general meeting at a time and place that
it determines or at a place that is set in the by-laws and may hold other
general meetings upon the request of the chairperson, the registrar or 2
members of the board. (2) Four members of the board, including one
member who is not a massage therapist, shall constitute a quorum for a meeting of
the board. (3) A decision of the majority of members in
attendance at a meeting shall be the decision of the board and, in the event of
a tie, the chairperson, or the person acting as chairperson, shall have a
second deciding vote. (4) Except where prohibited by the by-laws, a
director may, where all the directors consent, participate in a meeting of the
board by means of the telephone or other telecommunications device that permits
all persons participating in the meeting to communicate with each other. (5) A member of the board who participates in a
meeting by the means described in subsection (4) is, for the purpose of this
Act, present and in attendance at that meeting. (6) The college shall hold, in accordance with the
by-laws, an annual general meeting of members at which (a) the election for directors shall be held; and (b) an auditor shall be appointed to audit the
accounts of the board and report on the financial statements prepared by the
board. (7) Members of the board shall serve without
remuneration but may be paid travelling and other expenses. (8) Notwithstanding subsection (6), where the
registrar is also a director, the board may decide, by a majority vote, to
remunerate the registrar. Functions and
duties 6. The
college may (a) examine all degrees, diplomas, licences and
other credentials of an applicant for a licence to determine if the applicant
should receive a licence and be registered to practise under this Act; (b) prescribe continuing education, examinations
or other requirements necessary in order to maintain registration and a licence
under this Act; (c) fix and collect fees; (d) approve registration and issue licences to
persons who meet the requirements of the Act and the regulations; and (e) carry out duties and tasks in accordance with
this Act and the regulations. Fees and audit 7. (1) The
college shall ensure that the fees payable under this Act are sufficient to
enable it to discharge its duties under this Act. (2) All money received by the college shall be applied
by it to the exercise of its functions and duties under this Act. 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) Where the college fails to comply with
subsection (1), the college is guilty of an offence and on summary conviction
may be fined $1,000. Prohibition 9. (1) A
person shall not be registered as a massage therapist and issued a licence
under this Act unless he or she satisfies the requirements for registration and
licensing established by this Act and the regulations. (2) A massage therapist who is registered and
licensed under and complies with this Act is entitled to (a) use the title "massage therapist",
"registered massage therapist", "licensed massage
therapist" and the designation "R.M.T."; and (b) engage in the practice of massage therapy for
fee, commission, payment or profit. (3) A person other than a massage therapist
registered and licensed under this Act shall not use the title "massage
therapist" or an abbreviation or variation of that title. (4) A person shall not hold himself or herself out
as being a massage therapist entitled to practise or perform massage therapy in
the province unless he or she is registered and holds a licence under this Act. (5) Notwithstanding subsection (4), a person who
carries out massage therapy (a) as part of a course of or training in massage
therapy that is approved by the board; or (b) in connection with an examination that is
arranged by the board is not required to be registered and
licensed under this Act. Registration and
licence 10. (1) For
the purposes of registration and the issuance of a licence under this Act, the college
shall recognize and approve examinations and schools of or pertaining to
massage therapy and shall make provisions for the holding of examinations as it
may consider necessary for those purposes, but the standards of the
examinations and schools recognized and approved and of the examinations held
shall not be lower than the standards prescribed by the Canadian Massage
Therapy Alliance. (2) The authority of the college under subsection
(1) to recognize and approve schools of massage therapy does not include
authority to determine whether or not an educational institution may offer
courses or training related to the practice of massage therapy. (3) The college shall register as a massage
therapist and issue a licence to practise massage therapy to a person who (a) pays the required fee; (b) has a diploma, degree or certification and has
passed the examinations recognized and approved by the college under subsection
(1); (c) provides proof that he or she has obtained
professional liability insurance coverage in a form and amount satisfactory to
the college; and (d) meets other requirements that may be
prescribed by regulation. (4) A person who is issued a licence under this
Act shall, within 30 days after being granted a licence, become a member of the
association. (5) The licence of a person who does not comply
with subsection (3) shall be considered to be revoked. (6) The registrar shall annually renew the
registration and licence of a person who meets the requirements of this Act and
the regulations. (7) Notwithstanding paragraph (3)(b), where a
person (a) has practised massage therapy in the province
for not fewer than 7 years immediately before (b) while practising massage therapy in the
province, has been a member of the association; and (c) has completed courses of instruction and has
practical experience that the college considers to be equivalent to the requirements
of paragraph (3)(b), the board may register that person as a
massage therapist and issue a licence to practise massage therapy to him or
her. Registrar 11. (1) The
board may elect a director as registrar or may appoint a person from outside
the board to be the registrar. (2) The registrar shall (a) be secretary to the college; (b) register and issue licences on the direction of
the college to persons who meet the requirements for registration and licensing
under this Act and the regulations; (c) maintain a register of massage therapists
containing the names of all persons who hold a licence under this Act and other
information that may be required by the college; (d) collect fees; (e) control all matters relating to the finances
of the college; and (f) perform other duties that the college may
require. (3) The registrar shall make the register
available for inspection by the public on reasonable notice and at reasonable
times. Proof of
registration 12. A
certificate signed or purporting to be signed by the registrar stating that the
name of a person was or was not entered in the register on a date or for a
specified period shall be admissible in evidence without proof of the signature
of the registrar and the contents of that certificate shall be, in the absence
of evidence to the contrary, evidence of the facts stated on it. Definitions 13. In
this section and sections 14 to 29 (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 under section 15; (c) "conduct deserving of sanction"
includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a massage therapist, and (iv) acting in breach of this Act, the regulations
or a code of ethics made under section 31; (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) "disciplinary panel" means the panel
of persons appointed under section 14 from
which the members of an adjudication tribunal are chosen; and (f) "respondent" means a person who
holds or who has held a licence under this Act and against whom an allegation
is made. Complaints and
disciplinary panel 14. (1) The
board shall appoint at least 3 members of the board, at least one of whom shall
be a member of the board who was appointed to represent the public interest, to
constitute a complaints authorization committee. (2) The registrar is not eligible to be a member
of the complaints authorization committee. (3) The board shall appoint the chairperson and
vice chairperson of the complaints authorization committee from the persons
appointed under subsection (1). (4) The board shall appoint at least 10 members of
the college who are not directors, one of whom shall be appointed to serve as
chairperson, and the minister shall appoint at least 3 persons who are not
members of the college to represent the public interest, who shall together
constitute a disciplinary panel. (5) Of the persons 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 of
the disciplinary panel shall be for a term of 3 years. (6) Notwithstanding the expiry of his or her term,
a member of the disciplinary panel continues to be a member until he or she is
re-appointed or his or her replacement is appointed. (7) Members appointed to the disciplinary panel
may be reappointed. (8) The complaints authorization committee and an
adjudication tribunal appointed under section 18
and a person appointed by either of them for the purpose may summon a
respondent or other person and require him or her to give evidence orally or in
writing upon oath or affirmation, and produce the documents and things that he
or she considers necessary to the full investigation and hearing of allegations
and complaints and shall have the powers, privileges and immunities that are
conferred on commissioners appointed under the Public Inquiries Act. (9) A member of the disciplinary panel shall serve
as a member of the panel without payment for his or her services, but may be
remunerated for services as a member of an adjudication tribunal and paid his
or her travel and other expenses associated with the work of the tribunal by
the college, in accordance with the rates set by the by-laws. Allegation 15. (1) An
allegation shall be in writing and signed by the complainant or his or her
solicitor, and filed with the registrar of the college. (2) The registrar may on his or her own motion
make an allegation and file it, and the allegation shall have the same effect
as an allegation referred to in subsection (1). (3) Where the registrar has been informed that a
massage therapist has been convicted of an offence under the provisions of the Criminal Code (Canada) or a similar
penal statute of another country or has been suspended by a governing body of
massage therapists in another province or territory of Canada or in another
country for reason of professional misconduct, conduct unbecoming to a massage
therapist or professional incompetence, the information shall be dealt with by
the registrar as an allegation. (4) For the purpose of subsection (3), a certified
copy of the record of a conviction or findings made or the action taken by an
external regulatory body constitutes proof, in the absence of evidence to the
contrary, of the conviction or findings made or the action taken by that body,
without proof of the signature of the convicting justice or person purporting
to have signed on behalf of that body. Effect of filing
allegation 16. (1) Where
it appears to the registrar after notifying the respondent of the allegation,
that an allegation may be resolved satisfactorily, and where the complainant
and the respondent consent, the registrar may attempt to resolve the matter. (2) Where an allegation is not satisfactorily
resolved by the registrar under subsection (1), the registrar shall refer the
allegation and all other allegations to the complaints authorization committee. (3) The registrar shall inform a complainant and a
massage therapist against whom the allegation is made of the referral of the
allegation to the complaints authorization committee. Complaints authorization
committee 17. (1) After
an allegation has been referred to the complaints authorization committee, the
committee may exercise one or more of the following powers: (a) refer the allegation back to the registrar for
an investigation or alternative dispute resolution in accordance with the regulations; (b) conduct an investigation itself or appoint a
person to conduct an investigation on its behalf; and (c) require the respondent to appear before it. (2) Where the complaints authorization committee
is of the opinion there are no reasonable grounds to believe the respondent has
engaged in conduct deserving of sanction the committee shall dismiss the
allegation and give notice in writing of the dismissal to the complainant. (3) Where the complaints authorization committee
is of the opinion that there are reasonable grounds to believe that a
respondent has engaged in conduct deserving of sanction, the allegation shall
be considered as constituting a complaint, and the committee may (a) counsel or caution the respondent; or (b) instruct the registrar to file the complaint
against the respondent and refer it to the disciplinary panel; and (c) recommend to the college that (i) the respondent's practice be suspended or
restricted, or (ii) the registrar conduct an investigation of the
respondent's practice, and where the college approves an investigation the
registrar shall conduct it, at any time before a final determination by
the adjudication tribunal. (4) A person conducting an investigation under
paragraph (1)(b) or subparagraph (3)(c)(ii) may (a) require a respondent to (i) undergo an examination or assessment he or she
considers necessary and as arranged by the registrar or the college, and (ii) permit the registrar or a director or another
person appointed by the college to inspect and copy the records of the
respondent and other documents relating to the subject matter of the investigation;
and (b) require another person to permit the registrar
or a director or another person appointed by the college 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) Where the registrar, a director or another
person requires that a respondent or another person provide information under
subsection (4), that information shall be provided, as requested, within 7 days
of receipt of the request or a different period as specified in the request. (6) An action for damages does not lie against a
massage therapist or another person to whom a request is made solely because he
or she provides information requested of him or her under subsection (4). (7) Where the complaints authorization committee
recommends to the college that a respondent's practice of massage therapy be suspended,
restricted or investigated, the college may (a) decide not to act on the recommendation; or (b) suspend, restrict or investigate the
respondent's practice of massage therapy. (8) A complainant whose allegation is dismissed by
the complaints authorization committee under subsection (2) may within 30 days
after receiving notice of the dismissal, appeal the dismissal to the Trial
Division by filing a notice of appeal with the Registrar of the Supreme Court. (9) Subsections (4), (5) and (6) apply to the
Crown. Adjudication 18. (1) For
the purpose of dealing with a complaint referred to the disciplinary panel, the
chairperson of the disciplinary panel shall appoint from the disciplinary panel
an adjudication tribunal consisting of 3 persons, of whom 2 shall be massage
therapists and one shall represent the public interest. (2) The chairperson of the disciplinary panel
shall appoint one of the massage therapists on an adjudication tribunal to be
the chairperson of that tribunal. Hearing 19. (1) Where
a complaint has been referred under paragraph 17(3)(b),
an adjudication tribunal shall hear the complaint. (2) The parties to a hearing are the college and
the respondent and a party may be represented by his or her counsel at a
hearing. (3) A hearing shall be conducted in public but an
adjudication tribunal may exclude the public from a hearing, or from part of
it, where it considers the desirability of protecting a witness or a party to
the complaint against the consequences of possible disclosure of personal
matters outweighs the desirability of holding the hearing in public. Guilty plea by
respondent 20. (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 may consider appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her licence to the college upon those conditions that may be considered
appropriate and strike the respondent's name from the register; (d) impose a fine to be paid to the college, not
to exceed $10,000; (e) order that the registrar publish a summary of
the decision including the information set out in subsection 22(4) and other information that the tribunal may
specify; (f) 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; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the board or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been overcome, (v) engage in continuing education programs, (vi) complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the board or
other body or person designated by the adjudication tribunal, (vii) report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it, (viii) restrict his or her professional practice or
continue his or her practice under specified conditions, or (ix) impose other requirements that are just and
reasonable in the circumstances. (3) The costs incurred by the 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. Powers of adjudication
tribunal 21. (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 disciplinary panel for a
hearing was unreasonable, (a) order that those costs that the panel
considers appropriate be paid by the college to the respondent; and (b) make another order that it considers
appropriate. (3) Where an adjudication tribunal decides that a
respondent is guilty, it may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it may consider appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her licence to the college upon those conditions that may be considered
appropriate and strike the respondent's name from the register; (d) impose a fine to be paid to the college, not
to exceed $10,000; (e) order that the registrar publish a summary of
the decision including the information set out in subsection 22(4) and other information that the tribunal may
specify; (f) 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; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the board or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been overcome, (v) engage in continuing education programs, (vi) complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the board or
other body or person designated by the adjudication tribunal, (vii) report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it, (viii) restrict his or her professional practice or
continue his or her practice under specified conditions, or (ix) impose other requirements that are just and
reasonable in the circumstances. (4) The costs incurred by the 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. Filing and publication
of decisions 22. (1) An
adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with
the registrar and provide a copy to the complainant and the respondent and the
respondent's employer. (2) The registrar shall maintain a copy of a
decision or order filed under subsection (1) for a minimum of 5 years after the
day the decision is filed and shall upon receiving a request to view the
disciplinary records in relation to a massage therapist permit a person to view
a summary of a decision where that massage therapist was the respondent,
prepared in accordance with subsection (4). (3) The registrar shall publish a summary of a
decision or order of an adjudication tribunal in a newspaper of general
circulation in or nearest to the community in which the respondent practises
within 14 days of the filing of the decision or order, where the decision or
order (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her licence; (c) restricts the respondent's practice; (d) specifies conditions for the continuing
practice of the respondent; or (e) requires that a summary of the decision or
order be published. (4) The summary of the decision published under
subsection (3) shall include (a) the name of the respondent and the address
where he or she practises; (b) the date, location and a brief description of
the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, unless the
complainant has requested that his or her name be withheld; (d) the contents of the order in relation to the
actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in
the decision or order. (5) Where a decision published under this section
is varied or set aside, the registrar shall within 14 days of the filing of the
subsequent decision or order publish a summary of the decision or order and
subsections (3) and (4) apply, with the necessary changes. De-registration
and suspension 23. (1) Where
a massage therapist is struck off the register, his or her rights and
privileges as a massage therapist cease. (2) Where a massage therapist is suspended, his or
her rights and privileges as a massage therapist cease for the period of suspension. (3) Where conditions or restrictions have been
imposed upon a massage therapist's ability to carry on his or her practice of
massage therapy, his or her rights and privileges to practice or perform
massage therapy shall be limited to the extent specified by the conditions or restrictions. Failure to comply 24. (1) On
application by the college to the disciplinary panel, an adjudication tribunal
may make an order suspending the rights and privileges of a respondent where it
determines that he or she has failed to comply with a decision or an order made
under section 20 or 21.
(2) The parties to the application are the college
and the respondent who is the subject of the application. (3) An order of an adjudication tribunal under
this section may suspend the rights and privileges of the respondent for a
fixed period that the adjudication tribunal may consider appropriate, or until
conditions which it may impose are fulfilled, or until further order of the
adjudication tribunal. Reinstatement and
readmission 25. (1) Where,
in a decision or order, an adjudication tribunal (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her registration; (c) restricts the respondent's practice; or (d) specifies conditions for the continuing
practice of the respondent, and where the respondent alleges that new
evidence has become available or a material change in circumstances has occurred
since the making of the decision or order, the respondent may apply to the complaints
authorization committee for a supplementary hearing to discharge or vary the
decision or order based on the new evidence or material change in circumstances. (2) An application under subsection (1) shall be
made not more than 90 days after the new evidence becomes available or the
material change in circumstances has occurred. (3) Where an application is made to the complaints
authorization committee under subsection (1), and the committee is of the opinion
that new evidence has become available or that a material change in
circumstances has occurred, the matter shall be referred to an adjudication
tribunal as if it were a matter referred under paragraph 17(3)(b) and sections 19
to 24 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 21, a tribunal may (a) vary the original decision or order made under
section 21; or (b) discharge the original decision or order, with
or without conditions. Costs of college 26. (1) Where
a person who was ordered to pay the costs of the college under paragraph 20(2)(e) or 21(3)(e)
fails to pay in the time required, the college may suspend the licence of that
person until those costs are paid. (2) Costs ordered by the adjudication tribunal
under this section are a debt due to the college and may be recovered by the
college in a civil action. Collection of
fine 27. (1) Where
an order is made under section 20 or 21 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
Registrar of the Supreme Court. (2) Where a certificate is filed with the
Registrar of the Supreme Court under subsection (1), it has the same effect and
all proceedings may be taken on the certificate as if it were a judgment of the
Trial Division for the recovery of the amount stated in the certificate against
the person named in the certificate. (3) A person named in a certificate filed under
this section may, within 30 days after the certificate is filed, apply to a
judge of the Trial Division for a review, on a question of law or jurisdiction,
of the certificate. (4) On an application under subsection (3), the
judge may make an amendment to the certificate that is necessary to make the
certificate accord with the judge's decision. (5) There is no appeal from a decision of a judge
made under this section. (6) A certificate filed under this section may
also be filed in the judgment enforcement registry on the expiration of the 30
day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced
in accordance with that Act. Appeal to Trial
Division 28. (1) The
college or the respondent may, within 30 days after receiving notice of a
decision or order of an adjudication tribunal under this Act, appeal the
decision or order to the Trial Division by filing a notice of appeal with the
Registrar of the Supreme Court. (2) An appeal under this section does not stay the
decision or order being appealed unless the Trial Division orders otherwise. Copies of books,
etc. as evidence 29. 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 17(4) to conduct an inspection, who made the copy or extract under
subsection 17(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. Regulations 30. (1) The
college may, with the approval of the minister, make regulations (a) prescribing conditions and requirements for
the registration and licensing of persons who practise massage therapy; (b) respecting continuing education courses and
other programs for the purpose of maintaining and improving professional
standards of members; (c) respecting alternative dispute resolution and
the procedure for that resolution; (d) within the limits set by subsection 10(2), approving colleges or universities that offer
courses and programs in massage therapy; (e) prescribing, scheduling or adopting
examinations and determining the circumstances when examinations are required; (f) prescribing time limits for events in the
disciplinary process in sections 13 to 28 including time limits for (i) the filing of an allegation, (ii) the resolution of an allegation by the
registrar, (iii) the conduct of an investigation under section 17, (iv) consideration of an allegation by the
complaints authorization committee following completion of an investigation, (v) responding to a complainant and respondent at
each stage of the process, (vi) the conduct of a practice investigation under
subparagraph 17(3)(c)(ii), (vii) the appointment of an adjudication tribunal
under section 18, 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 (g) generally to give effect 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 13 to 28 where the board does not do so in a time period
the minister considers reasonable. By-laws, fees and
forms 31. (1) The
college may make by-laws (a) providing for the holding and procedure of its
meetings; (b) providing for the election of directors under
section 3 and setting the term of office; (c) limiting the participation of directors in a
meeting of the board by telephone or other telecommunications device; (d) providing for payment of travel and other
expenses of elected directors; (e) setting the rates of remuneration for members
of an adjudication tribunal; (f) providing for voting at a meeting of members
of the college by mail or electronic means; (g) setting a location for the annual general
meeting of the college; (h) establishing a code of ethics which may
include a definition of "professional misconduct" and "conduct
unbecoming a massage therapist" for the purposes of paragraph 13(c); and (i) generally, to assist in the administration of
this Act and the regulations. (2) The college shall have its by-laws available
for inspection by the public on reasonable notice and at reasonable hours. (3) The college may set fees and establish forms
for the purposes and administration of this Act and the regulations. Protection from
liability 32. An
action for damages does not lie against the registrar, a member, officer or
employee of the board, a person designated by the board, a member of a panel,
tribunal or committee authorized under this Act, another agent of the board or
the board as a corporation for an act or failure to act or a proceeding initiated
or carried out in good faith under this Act, or for carrying out duties or
obligations as the registrar, a member, officer, employee, designate, agent or
tribunal, panel or committee member authorized under this Act or for a decision
or order made or enforced in good faith under this Act. Offence 33. (1) A
person who contravenes this Act or the regulations commits an offence and is
liable on summary conviction to a fine not exceeding $1,000 or to imprisonment
for a term not exceeding one month in default of payment or to both a fine and
imprisonment. (2) Each day that an offence is committed under
this Act shall be considered to be a separate offence. Transition 34. (1) The
members of the (2) An election to elect the 5 directors referred
to in paragraph 3(3)(a) shall be held within
one year after the day this Act comes into force. (3) The minister shall make appointments under
section 4 within 30 days of the election
referred to in subsection (2). (4) Of the directors first elected under section 5,
(a) 3 shall be appointed for a term of 3 years;
and (b) 2 shall be appointed for a term of 2 years. SNL2001 cM-1.1 Rep. 35. The Massage
Therapy Act is repealed. ŠEarl G. Tucker,
Queen's Printer |