This is an official version. Copyright © 2005: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2005 AN ACT TO REGULATE THE PRACTICE (Assented to Analysis 1. Short title 2. Definitions 3. College continued 4. Holding powers 5. College 6. Appointment by minister 7. Meetings of the college 8. By-laws 9. Membership 10. Application for registration 11. Credentials 12. Internship 13. Registration 14. Mobility 15. Seal 16. Register of dietitians 17. Fiscal year 18. Annual report 19. Annual fee 20. Misrepresentation 21. Definitions 22. Complaints and disciplinary panel 23. Allegation 24. Effect of filing allegation 25. Complaints authorization committee 26. Adjudication 27. Hearing 28. Guilty plea by respondent 29. Powers of adjudication tribunal 30. Filing and publication of decisions 31. De-registration and suspension 32. Failure to comply 33. Reinstatement and readmission 34. Costs of college 35. Appeal to Trial Division 36. Collection of fine 37. Copies admissible 38. Protection from liability 39. Regulations 40. Offence 41. Transition 42. RSNL1990 cD-23 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 Dietitians Act. Definitions 2. In
this Act (a) "by-laws" means the by-laws made by
the college under this Act; (b) "college" means the college
continued under section 3; (c) "director" means a person elected or
appointed to the college; (d) "member" means a member in good
standing of the college who is a registered dietitian; (e) "minister" means the minister
appointed under the Executive Council Act
to administer this Act; (f) "registered dietitian" means a
person whose name is entered on the register; and (g) "registrar" means the registrar of
the college appointed under subsection 5(7). College continued 3. The
Newfoundland Dietetic Association is continued under the name Holding powers 4. The
college may acquire, receive, hold and enjoy property, movable or immovable,
and may sell, lease, mortgage, alienate or otherwise dispose of its property. College 5. (1) There
shall be a board responsible for governing the college which shall consist of: (a) a chairperson, vice-chairperson, treasurer and
2 other directors elected from and by members in accordance with the by-laws; (b) 2 directors appointed under section 6 who are not members; and (c) the registrar appointed under subsection (7)
who does not have a vote. (2) The board governs the college and may exercise
the powers of the college in the name and on behalf of the college. (3) Elected directors shall serve without payment
for their services, but their travel and other expenses associated with their
duties as directors may be paid by the college in accordance with the by-laws. (4)
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. (5) An elected director may resign the office of
director by written notice to the college. (6) 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. (7) The college shall appoint a person to act as
the registrar of the college, who shall keep the register referred to in
section 16. Appointment by
minister 6. (1) The
minister shall appoint 2 persons as directors of the college who are suitable
to represent the public interest. (2) A director 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 director 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 the
college 7. (1) A
quorum of the college is 4 voting directors, one of whom is an appointed
director. (2) Except where prohibited in 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 telecommunication device that permits
all persons participating in the meeting to communicate with each other. (3) Where a quorum under subsection (1) exists, a
majority of that number is sufficient to make a decision, and in the event of a
tie the chairperson of the meeting shall cast the deciding vote. (4) 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 college and report on the financial statements prepared by the
college. (5) The college may in its by-laws provide for
voting at a meeting of the board or of members by mail or electronic means. By-laws 8. (1) The
college may make by-laws (a) providing for the holding and procedure of
meetings of the board and of members; (b) providing for other classes of membership to
which the college may appoint persons to under subsection 9(2); (c) providing for the election of directors under subsection
5(4) and setting terms of office; (d) respecting the participation of directors in a
meeting of the college by telephone or other telecommunications device under subsection
7(2); (e) providing for voting at a meeting of the board
or of members by mail or electronic means; (f) providing for payment of travel and other
expenses of elected directors; (g) establishing a code of ethics which may
include a definition of "professional misconduct" and "conduct
unbecoming a dietitian" for the purposes of sections 21 to 37; (h) respecting the rates of remuneration for
members of an adjudication tribunal; 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 forms for the
purpose and administration of the Act. Membership 9. (1) All
persons who are registered as dietitians under section 13 are members of the college. (2) The college may appoint persons to other
classes of membership in accordance with the by-laws. Application for
registration 10. A
person shall apply in writing to the college to be registered as a dietitian. Credentials 11. An
applicant for registration as a dietitian shall provide with the application (a) evidence satisfactory to the college as to
good character and professional reputation; (b) proof that he or she has (i) a bachelor's or equivalent degree from an
educational institution whose course content is approved by the college, or (ii) a bachelor's or equivalent degree from an
educational institution, and has taken additional post-secondary courses that
are satisfactory to the college; (c) proof that he or she has (i) completed a dietetic internship approved by
the college, or (ii) a master's degree in the study of foods or
nutrition or institution administration and one year's experience in the study
or practice of nutrition or dietetics or allied subjects which is acceptable to
the college; (d) proof that he or she has successfully
completed a registration examination based upon the professional competency requirements
that the college may establish; (e) proof that he or she has obtained professional
liability insurance coverage in a form and amount satisfactory to the college;
and (f) payment of the fee set by the college. Internship 12. The
dietetic internship and the experience to which reference is made in section 11
shall not be approved or accepted by the college as sufficient unless, in each
case, it is certified to be satisfactory by a person having knowledge of the
facts and authority to certify. Registration 13. A
person who has complied with the requirements of sections 11 and 12 and the
regulations and whose application for registration has been approved by the
college is entitled to be entered on the register as a dietitian. Mobility 14. The
college may approve the registration of a person who is a resident of a
province or Seal 15. A
conveyance, mortgage, lease, release or other document executed on behalf of
the college shall be executed under the seal of the college and signed by the
chairperson or the vice-chairperson and the treasurer or other person that may
be authorized to affix the seal to an instrument or document by resolution of
the college. Register of dietitians 16. (1) The
names of the persons entitled to be registered as dietitians under section 13 shall be entered on a register with other information
that the college may require. (2) The college shall have its register available
for inspection by the public on reasonable notice and at reasonable hours. (3) The register, or a copy or extract of it,
certified by the registrar is, in the absence of evidence to the contrary,
proof that the persons whose names are entered there are registered dietitians
and the absence of the name of a person from the register is in the absence of
evidence to the contrary, proof that that person is not a registered dietitian. (4) The registrar shall issue to every registered
dietitian a certificate of registration in the form set by the college. Fiscal year 17. The
fiscal year of the college shall be from April 1 to March 31 in the next year. Annual report 18. (1) The
college shall prepare and submit to the minister before (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. Annual fee 19. The
annual membership fee to be paid by each member shall become due on January 31
in each year. Misrepresentation 20. (1) A
person who is not a registered dietitian shall not take or use the titles
"Dietitian" or "Registered Dietitian" or the initials
"R.D." either alone or in combination with other words, letters or description
that implies that the person is registered under this Act, or is entitled to be
registered under this Act, or is recognized by law as a registered dietitian. (2) A person who contravenes this section is
guilty of an offence and liable on summary conviction to a fine not exceeding
$5,000 and in default of payment to imprisonment for a term not exceeding 3
months or to both a fine and imprisonment. Definitions 21. In
this section and sections 22 to 37 (a) "allegation" means a written
document alleging that a person has engaged in conduct deserving of sanction; (b) "complainant" means a person making
an allegation described in section 23; (c) "conduct deserving of sanction"
includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a registered dietitian, and (iv) acting in breach of this Act, the regulations
or the code of ethics made under section 8; (d) "costs incurred by the board"
include (i) out of pocket expenses incurred by or on
behalf of the board, (ii) amounts paid by the board to members of an
adjudication tribunal as remuneration and for expenses, and (iii) the actual cost of legal counsel for the board
and an adjudication tribunal; (e) "disciplinary panel" means the panel
of persons appointed under section 22; and (f) "respondent" means a registered
dietitian or former registered dietitian against whom an allegation is made. Complaints and
disciplinary panel 22. (1) The college shall appoint at least 3
directors, at least one of whom shall be a director who was appointed to
represent the public interest, to constitute a complaints authorization
committee. (2) The college shall appoint the chairperson and
vice-chairperson of the complaints authorization committee from the persons
appointed under subsection (1). (3) The registrar is not eligible to be a member
of the complaints authorization committee. (4) The college shall appoint at least 10
registered dietitians 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 registered dietitians, to represent the public interest, who shall
together constitute a disciplinary panel. (5) Of the members first appointed to the
disciplinary panel, one half shall be appointed for a term of 2 years and the
remainder for a term of 3 years and all subsequent appointments of members to
the disciplinary panel shall be for a term of 3 years. (6) Notwithstanding the expiry of his or her term,
a member of the disciplinary panel continues to be a member until he or she is
re-appointed or his or her replacement is appointed. (7) Persons appointed to the disciplinary panel
may be reappointed. (8) A member of the disciplinary panel shall serve
as a member 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 that tribunal by the college, in
accordance with the rates set by the by-laws. (9) The complaints authorization committee and an
adjudication tribunal appointed under section 26
and a person appointed by either of them may summon a registered dietitian or
other person and require him or her to give evidence, orally or in writing,
upon oath or affirmation, and produce the documents and things that either of
them considers necessary to the full investigation and hearing of an allegation
or complaint and shall have the powers, privileges and immunities that are
conferred on a commissioner appointed under the Public Inquiries Act. Allegation 23. (1) An
allegation shall be in writing and signed by the complainant or his or her
solicitor, and filed with the registrar. (2) The registrar may on his or her own motion
make an allegation and file it, and the allegation shall have the same effect
as an allegation referred to in subsection (1). (3) Where the registrar has been informed that a
respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute
of another country or has been suspended by a governing body of dietitians in
another province or territory of Canada or another territory or country for
reason of professional misconduct, conduct unbecoming a dietitian 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 24. (1) Where
it appears to the registrar after notifying the respondent of the allegation
that the allegation may be resolved satisfactorily and where the complainant
and the respondent consent, the registrar may attempt to resolve the matter. (2) Where the allegation is not satisfactorily
resolved by the registrar under subsection (1), the registrar shall refer the
allegation and all other allegations to the complaints authorization committee. (3) The registrar shall inform a complainant and a
respondent of the referral of the allegation to the complaints authorization committee. Complaints authorization
committee 25. (1) After
an allegation has been submitted to the complaints authorization committee, the
committee may exercise one or more of the following powers: (a) refer the allegation back to the registrar for
an investigation or alternative dispute resolution in accordance with the regulations; (b) conduct an investigation itself or appoint a
person to conduct an investigation on its behalf; and (c) require
the respondent to appear before it. (2) Where the complaints authorization committee
is of the opinion there are no reasonable grounds to believe the respondent has
engaged in conduct deserving of sanction, the committee shall dismiss the
allegation and give notice in writing of the dismissal to the complainant. (3) Where the complaints authorization committee
is of the opinion that there are reasonable grounds to believe that a
respondent has engaged in conduct deserving of sanction, the allegation shall
be considered as constituting a complaint, and the committee may (a) counsel or caution the respondent; or (b) instruct the registrar to file the complaint
against the respondent and refer it to the disciplinary panel; and (c) recommend to the 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)(a), (b) or subparagraph (3)(c)(ii) may require (a) the respondent to (i) undergo practical or other examinations he or
she considers necessary and as arranged by the registrar or the college, and (ii) permit the registrar or a director or a person
appointed by the complaints authorization committee to inspect and copy the
records of the respondent and other documents relating to the subject matter of
the investigation, and (b) another person to permit the registrar or a
director or a person appointed by the complaints authorization committee to
inspect and copy records and other documents relating to the subject matter of
the investigation held by that person, and the respondent or other person shall
comply. (5) An action for damages does not lie against a
registered dietitian or another person to whom a request is made solely because
he or she provides information requested of him or her under subsection (4). (6) Where the registrar, a director or a person
appointed by the complaints authorization committee requires that a respondent
or another person provide information under subsection (4), that information
shall be provided within 7 days of receipt of the direction to produce it or a
different period as specified in the direction. (7) Where the complaints authorization committee
recommends to the college that a respondent's practice 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. (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 26. (1) For
the purpose of dealing with complaints referred to the disciplinary panel, the
chairperson of the disciplinary panel shall appoint from it an adjudication
tribunal consisting of 3 persons, of whom 2 shall be registered dietitians and
one shall be a member of the panel appointed to represent the public interest. (2) The chairperson of the disciplinary panel
shall appoint one of the registered dietitians on an adjudication tribunal to
be the chairperson. Hearing 27. (1) Where
a complaint has been referred under paragraph 25(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 party to the complaint
or another person against the consequences of possible disclosure of personal
matters outweighs the desirability of holding the hearing in public. Guilty plea by
respondent 28. (1) Where
a respondent pleads guilty to one or more of the charges set out in a
complaint, the adjudication tribunal shall, without calling evidence or hearing
witnesses, unless the tribunal believes it is appropriate to do so, hear
submissions from the parties. (2) Where a respondent pleads guilty, and
following submissions under subsection (1), the adjudication tribunal may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it considers appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her registration 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 respondent pay the costs or a
part of the costs incurred by the college in the investigation and hearing of
the complaint; (f) order that the registrar publish a summary of
the decision including the information set out in subsection 30(4) and other information that the tribunal may
specify; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the college 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 college 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 29. (1) Upon
the hearing of a complaint, an adjudication tribunal shall decide whether or
not a respondent is guilty of conduct deserving of sanction. (2) Where an adjudication tribunal decides that a
respondent is not guilty, it shall dismiss the complaint and may, where it
believes that the submission of the complaint to the tribunal for a hearing was
unreasonable, (a) order that those costs that the tribunal
considers appropriate be paid by the college to the respondent; and (b) make another order that it considers
appropriate. (3) Where an adjudication tribunal decides that a
respondent is guilty, it may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it considers appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her registration 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 respondent pay the costs or a
part of the costs incurred by the college in the investigation and hearing of
the complaint; (f) order that the registrar publish a summary of
the decision including the information set out in subsection 30(4) and other information that the tribunal may
specify; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the college 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 college 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 30. (1) An
adjudication tribunal shall file a decision or order made under subsection 28(2) or 29(3) with
the registrar and provide a copy to the complainant and the respondent and the
respondent's employer. (2) The registrar shall maintain a copy of a
decision or order filed under subsection (1) for a minimum of 5 years after the
day the decision is filed and shall upon receiving a request to view the
disciplinary records in relation to a registered dietitian permit a person to
view a summary of a decision where that registered dietitian 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 registration; (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 chairperson shall within 14 days of the filing of
the subsequent decision or order publish a summary of the decision or order and
subsections (2) and (3) apply, with the necessary changes. De-registration
and suspension 31. (1) Where
a respondent is struck off the register, his or her rights and privileges under
this Act cease. (2) Where a respondent is suspended, his or her
rights and privileges under this Act cease for the period of suspension. (3) Where conditions or restrictions have been
imposed upon a respondent's ability to carry on his or her practice, his or her
rights and privileges as a registered dietitian shall be limited to the extent
specified by the conditions or restrictions. Failure to comply 32. (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 the respondent has failed to comply with a decision or an order
under sections 21 to 37.
(2) The parties to the application are the college
and the respondent. (3) An order of an adjudication tribunal under
this section may suspend the 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 33. (1) Where
a decision or order of an adjudication tribunal (a) suspends a respondent; (b) allows or directs a respondent to withdraw his
or her registration; (c) restricts a respondent's practice; or (d) specifies conditions for the continuing
practice of a respondent, and, where the respondent alleges that new
evidence has become available or a material change in circumstances has
occurred since the making of the decision or order, the respondent may apply to
the complaints authorization committee for a supplementary hearing to discharge
or vary the decision or order based on the new evidence or material change in
circumstances. (2) An application under subsection (1) shall be
made not more than 90 days after the new evidence becomes available or the
material change in circumstances has occurred. (3) Where an application is made to the complaints
authorization committee under subsection (1), and the committee is of the opinion
that new evidence has become available or that a material change in
circumstances has occurred, as alleged by a respondent, the matter shall be
referred to an adjudication tribunal as if it were a matter referred under
paragraph 25(3)(b) and sections 27 to 32 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 29, a tribunal may (a) vary the original decision or order made under
section 29; or (b) discharge the original decision or order, with
or without conditions. Costs of college 34. (1) Where
a person who was ordered to pay the costs of the college under paragraph 28(2)(e) or 29(3)(e)
fails to pay in the time required, the college may suspend the registration of
that person until the costs are paid. (2) Costs ordered to be paid to the college are a
debt due the college and may be recovered by a civil action. Appeal to Trial
Division 35. (1) A
party aggrieved by a decision or order of an adjudication tribunal under this
Act may, within 30 days after receiving notice of the decision or order, 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. Collection of
fine 36. (1) Where
an order is made under section 28 or 29 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. Copies admissible 37. 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 25(4) to conduct an inspection, who made the copy or extract under
subsection 25(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. Protection from
liability 38. An
action for damages does not lie against the registrar, an officer, employee or
agent of the college, a member of a disciplinary panel, adjudication tribunal
or the individual members of those bodies, a person appointed by the complaints
authorization committee to conduct an investigation, another agent of the
college or the college as a corporation for an act or failure to act or a
proceeding initiated or carried out in good faith under this Act, or for
carrying out duties or obligations authorized under this Act or for a decision
or order made or enforced in good faith under this Act. Regulations 39. (1) The
college may, with the approval of the minister, make regulations respecting: (a) requirements for registration under section 13; (b) establishing conditions for the renewal of
registration, including participation in continuing education courses, refresher
courses and other activities related to the maintenance of professional
standards; (c) alternative dispute resolution for the
purposes of sections 21 to 37 and the procedure for that resolution; and (d) prescribing time limits for events in the
disciplinary process in sections 21 to 37, 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
subsection 25(1), (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 25(3)(c)(ii), (vii) the appointment of an adjudication tribunal
under section 26, and (viii) the conduct of a hearing and the filing of a
decision or order by an adjudication tribunal following completion of the
hearing. (2) Notwithstanding paragraph (1)(d), the minister
may make regulations prescribing time limits for events in the disciplinary
process under sections 21 to 37 where the board does not do so within a period the
minister considers reasonable. Offence 40. A
person who (a) obtains or attempts to obtain an entry of his
or her name in the register by making a false declaration or misrepresentation
either orally or in writing, and a person who knowingly assists in the making
of the declaration or misrepresentation; or (b) contravenes this Act or the regulations, commits an offence and is liable on
summary conviction to a fine not exceeding $5,000 or to imprisonment for a
period of not more than three months or to both a fine and imprisonment. Transition 41. (1) The
members of the council of the Newfoundland Dietetic Association on the day
before this Act comes into force are continued as directors of the college
until an election is held under section 7. (2) An election to elect the 5 directors referred
to in paragraph 5(1)(a) shall be held within 12
months after the day this Act comes into force. (3) The minister shall make appointments under
section 6 within 30 days of the election held
under subsection (2). (4) Of the directors first elected under section 7, (a) 3 shall be elected for a term of 3 years; and (b) 2 shall be elected for a term of 2 years. RSNL1990 cD-23 Rep. 42. The Dieticians
Act is repealed. ©Earl G. Tucker,
Queen's Printer |