CHAPTER 10 OF THE ACTS OF 1995-96

An Act Respecting the Practice of Medicine

Table of Contents

(The table of contents is not part of the statute)

1. Short title
2. Interpretation
3. Interpretation of a medical practitioner

College of Physicians and Surgeons of Nova Scotia
4. Continuation of former body under new name
5. Annual meeting and annual reports

Council
6. Council
7. Composition of Council and terms of office
8. Council elections
9. Nominations and term of office
10. Regulations governing elections
11. Secret ballot
12. Retention of ballots
13. Petition against election
14. Elections held by Registrar
15. Ceasing to hold office
16. Officers and Executive Committee
17. Committees of Council
18. Presiding officer at Council meetings

Medical Register
19. Register
20. Direction to make entry

Provisional Registration
21. Circumstances permitting provisional registration and its effect
22. Reference to Credentials Committee

Temporary Medical Register
23. Direction to make entry
24. Direction to make entry

Defined Register
25. Keeping of Register

Medical Specialists Register
26. Keeping Register and its effect

Medical Education Register
27. Keeping of register

Registration Generally
28. Registration upon terms and conditions
29. Method of applying
30. Change of address

Annual Fees
31. Duty to pay and enforcement
32. Application for relicensing
33. Conditions on licence

Annual List
34. Duty to publish list

Privileges
35. Surrender of licence
36. Exemption from the Pharmacy Act
37. Exemption from the Dental Act

Prohibitions
38. Violation of licence
39. Offence respecting return to Province
40. Prohibition for non-practitioner
41. Offence respecting false information
42. Offence respecting failure to register
43. Onus of proof
44. Offence respecting violation enactments

Exemptions
45. Certain activities exempt from Act

Patient Records
46. Costodian [sic] of patient records

Injunction
47. Restraining of certain Acts

Discipline
48. Manner of initiating complaints
49. Power to employ assistance
50. Confidentiality
51. Scope of power to investigate
52. Powers of disciplinary committee

Investigation Committee
53. Composition and functions of committee
54. Where hearing not required
55. Hearing committee
56. Jurisdiction of former members

Settlement Agreement
57. Tender of agreement and its consequences

Hearing Committee
58. Composition and functions of committee
59. Notice of certain evidence
60. Prohibition of communicating evidence
61. Disclosure of expert evidence
62. Public hearings
63. Admission of certain parties to hearing
64. Restrictions on publication
65. Recording of evidence and access to transcript
66. Hearings

Costs
67. Power to order party to pay

Appeal
68. Right of appeal and procedure on appeal

Reinstatement
69. Application for reinstatement

Peer Assessment
70. Peer Assessment Committee and its powers and duties
71. Witnesses and evidence
72. Application of certain Sections and regulations

Evidence
73. Certificate as proof
74. Proof of registration or licence

Notices
75. Manner of service
76. Effect of service by registered letter
77. Service on College
78. Duty of hospital administrator

Limitations of Actions
79. Effect of voluntarily rendering service
80. Immunity from liability

General
81. Public notices and publication of decisions
82. Regulations Act
83. Complaints under former Act
84. Treatment of pending matters
85. Repeal of former Act
86. Proclamation

An Act Respecting
the Practice of Medicine

Chapter 10

Acts of 1995-96

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Medical Act.

2 In this Act, unless the context otherwise requires,

(a) "associate member" means a person who is registered in the Medical Education Register;

(b) "College" means the College of Physicians and Surgeons of Nova Scotia;

(c) "committee" includes a committee of the Council, an investigation committee or a hearing committee as the context requires;

(d) "complaint" means any complaint, report or allegation in writing and signed by a person regarding the conduct, actions, competence, character, fitness, health or ability of a member, associate member, former member, former associate member, professional corporation or the employees thereof, or any similar complaint, report or allegation initiated by the Registrar or referred pursuant to subsection 53(6);

(e) "Council" means the Council of the College;

(f) "court" means the Supreme Court of Nova Scotia;

(g) "Credentials Committee" means the committee appointed by Council that deals with the registration and licensing of members, associate members, and applicants for registration;

(h) "Defined Register" means the Defined Register kept pursuant to this Act;

(i) "disciplinary committee" means an investigation committee or a hearing committee;

(j) "disciplinary matter" means any matter involving an allegation of professional misconduct, conduct unbecoming a medical practitioner or professional incompetence including incompetence arising out of physical or mental incapacity;

(k) "former Act" means Chapter 278 of the Revised Statutes, 1989;

(l) "hearing committee" means a hearing committee appointed pursuant to this Act;

(m) "hospital" means a hospital as defined in the Hospitals Act;

(n) "investigation committee" means an investigation committee appointed pursuant to this Act;

(o) "Joint Committee on Delegated Medical Acts" means the committee, comprised of representatives of the College, the Society, the Nova Scotia Association of Hospital Organizations and the Registered Nurses' Association of Nova Scotia, that deals with issues of delegated medical acts;

(p) "licence" means a valid and subsisting licence issued pursuant to this Act;

(q) "mediation" means any form of alternative dispute resolution;

(r) " Register" means the Medical Education Register kept pursuant to this Act;

(s) "medical practitioner" means a person who is registered in the Medical Register, Defined Register, Temporary Register or Medical Education Register;

(t) "Medical Specialists Register" means the Medical Specialists Register kept pursuant to this Act;

(u) "member" means a person who is registered in the Medical Register, Defined Register or Temporary Register and holds a licence;

(v) "Peer Assessment Committee" means the Peer Assessment Committee established pursuant to this Act;

(w) "practice of medicine" includes, but is not restricted to,

(i) advertising, holding out to the public or representing in any manner that one is authorized to practise medicine in the jurisdiction,

(ii) offering or undertaking to prescribe, order, give or administer any drug or medicine for the use of any other person,

(iii) offering or undertaking to prevent or to diagnose, correct or treat in any manner or by any means, methods, devices or instrumentalities any disease, illness, pain, wound, fracture, infirmity, defect or abnormal physical or mental condition of any person,

(iv) offering or undertaking to perform any obstetrical procedure or surgical operation upon any person;

(x) "prescribed" means prescribed by regulations;

(y) "register" includes the Medical Register, Medical Education Register, Medical Specialists Register, Defined Register and Temporary Register, as the context requires;

(z) "registered" means registered pursuant to this Act;

(aa) "Registrar" means the person holding the office of Registrar pursuant to this Act;

(ab) "Society" means the Medical Society of Nova Scotia;

(ac) "specialist's licence" means a specialist's licence issued pursuant to this Act;

(ad) "Temporary Register" means the Temporary Register kept pursuant to this Act.

3 The words "duly qualified medical practitioner", "duly qualified practitioner", "legally qualified medical practitioner", "legally qualified physician", "physician" or any like words or expressions implying a person recognized by law as a medical practitioner or member of the medical profession in the Province, when used in any regulation, rule, order or by-law made pursuant to an Act of the Legislature enacted or made before, at or after the coming into force of this Act, or when used in any public document, includes a person registered in the Medical Register, Temporary Register, Defined Register or the Medical Education Register who holds a licence.

COLLEGE OF PHYSICIANS

AND SURGEONS OF NOVA SCOTIA

4 (1) The Provincial Medical Board of Nova Scotia constituted by the former Act is hereby continued as a body corporate, to be called the College of Physicians and Surgeons of Nova Scotia, and shall be composed of its members and associate members.

(2) The College has perpetual succession and a common seal, with power to acquire, hold, lease, mortgage and otherwise dispose of real and personal property, and may sue and be sued.

(3) In order that the public interest may be served and protected, the objects of the College are to

(a) regulate the practice of medicine and govern its members in accordance with this Act and the regulations;

(b) establish, maintain and develop standards of knowledge and skill among its members;

(d) establish, maintain and develop standards of professional ethics among its members; and

(e) administer this Act and perform such other duties and exercise such other powers as are imposed or conferred on the College by or under any Act.

(4) In addition to any other power conferred by this or any other Act, the College may do such things as it considers appropriate to advance the objects of the College and, without limiting the generality of the foregoing, may

(a) purchase, take in, lease, exchange, hire, construct and otherwise acquire and hold, sell, mortgage, hypothecate, lease out or otherwise deal with any real or personal property;

(b) draw, make, accept, endorse, discount, execute, and issue promissory notes, bills of exchange, warrants and other negotiable and transferable instruments;

(d) expend the moneys of the College in the advancement of its objects and the interests of the medical profession in such manner as it deems expedient;

(e) establish and maintain such offices and agencies as it deems expedient;

(f) invest and deal with any moneys and funds of the College that are not immediately required, in such manner as it deems expedient;

(g) improve, manage, develop, exchange, dispose of, turn to account or otherwise deal with the real or personal property of the College;

(h) borrow money for the use of the College on its credit, limit or increase the amount to be borrowed, issue bonds, debentures, debenture stock and other securities on the credit of the College, and pledge or sell such securities for such sums or at such prices as may be deemed expedient;

(i) do such things as are incidental or necessary to the exercise of these powers.

5 (1) There shall be an annual meeting of the College at such time and place as the Council determines.

(2) The Council and the Executive of the Medical Society of Nova Scotia shall consult with each other about their respective annual meeting dates, with the objective of holding their annual meetings at the same place and on succeeding days in each year, to better facilitate attendance by the general membership.

(3) An annual report shall be distributed at or before the annual meeting for review by the membership, and shall include a report by an auditor.

(4) Auditors shall be recommended by the Council but shall be subject to the approval of the College at the annual meeting.

COUNCIL

6 (1) There shall be a Council of the College to be constituted as provided in Section 7.

(2) The Council shall, subject to this Act, govern, control and administer the affairs of the College and, without limiting the generality of the foregoing, may make regulations

(a) providing for the management of the College, including the keeping of the registers to be kept pursuant to this Act;

(b) providing for the holding of meetings of the College or the Council, and the conduct of such meetings;

(c) fixing the time and place for regular meetings of Council, determining by whom meetings may be called, regulating the conduct of meetings, providing for emergency meetings and regulating the notice required in respect of meetings;

(d) providing for the appointment of such committees as the Council may deem expedient;

(e) respecting the composition, powers and duties of such committees as may be appointed by the Council, and providing for the holding and conduct of meetings of such committees;

(f) respecting the powers, duties, and qualifications of the Registrar, and the officers, agents and employees of the College;

(g) prescribing fees payable pursuant to this Act by applicants for initial registration, and, if the Council deems it advisable, designating different classes of applicants and prescribing different fees for different classes;

(h) prescribing the fees and allowances of members of the Council, and committees, and providing for the payment of necessary expenses of the Council and committees;

(i) respecting the recognition of medical schools and examinations as prerequisites to registration and licensing;

(j) respecting the educational qualifications of applicants for registration as members and associate members;

(k) determining the relationship between the College and the Medical Council of Canada, and incorporating into the regulations any of the provisions of the Canada Medical Act that are not contrary to this Act;

(l) prescribing the seal of the College;

(m) providing for the execution of documents by the College;

(n) prescribing examinations to be written by applicants for registration;

(o) respecting residential qualifications of applicants for registration as members and associate members;

(p) prescribing forms and providing for their use;

(q) providing procedures not inconsistent with this Act for the making, amending and revoking of regulations;

(r) respecting the information to be included in the Register;

(s) prescribing a code of ethics, after consultation with the Society and subject to approval by the College at an annual or special meeting.

(3) The Council may, after consultation with the Society and with the approval of the Governor in Council, make regulations

(a) respecting the registration and licensing of members and associate members;

(b) respecting continuing medical education requirements of members and associate members for registration;

(c) respecting the limiting or qualifying of a member's or associate member's licence including, but not limited to, surgical and medical procedures and interventions;

(d) respecting the evaluation of, and licensing requirements of, members, associate members and applicants for registration who have not practised clinical medicine for at least one year;

(e) respecting a peer-assessment program in accordance with this Act and programs of continuing education, and requiring members and associate members to participate in any such programs, and providing for any other matter that will facilitate or give effect to such programs;

(f) respecting the disciplining of members and associate members and the revocation or suspension of licences issued pursuant to this Act;

(g) respecting the reporting and publication of decisions in disciplinary matters;

(h) regulating, controlling, and prohibiting the use of terms, titles or designations by members and associate members, or groups or associations of members and associate members, in respect of their practice;

(i) prescribing the records and accounts to be kept by members and associate members with respect to their practice, and providing for the production, inspection and examination of such records and accounts;

(j) regulating the compounding, dispensing and sale of drugs by members and associate members;

(k) providing that the licence of a member or associate member be suspended without notice or investigation upon contravention of any regulation that requires the member or associate member to pay a fee, file a document or do any other act by a specified or ascertainable date, and providing for the reinstatement of a licence so suspended;

(l) notwithstanding subsection 7(1), changing the number and characteristics of appointments to the Council;

(m) providing for the division of the Province into medical electoral districts for the election of members of the Council;

(n) determining the procedure to be followed at hearings by a disciplinary committee;

(o) prescribing the type of professional liability insurance or other form of malpractice coverage a member or associate member must hold;

(p) respecting the delegation of medical acts;

(q) respecting and governing such other subjects, matters and things as may be required to give effect to the objects of the College and this Act.

(4) All the regulations of the College shall be available for inspection by any person, free of charge, at the head office of the College, at all reasonable times during business hours.

(5) A certificate purporting to be signed by the Registrar stating that a certain regulation of the College was, on a specified day or during a specified period, a duly enacted regulation of the College in full force and effect constitutes prima facie evidence in any court of that fact without proof that the person who signed it is the Registrar or that it is the Registrar's signature.

(6) A resolution in writing, or counterparts of a resolution, signed by two thirds of all members entitled to vote thereon at a meeting of the College is as valid and effective as if duly passed at a meeting of the members of the College.

(7) A member of the Council, or of a committee of the Council or of the College, may participate in any meeting of the Council or committee of the Council or of the College, with the exception of the hearing committee when it is conducting a hearing, as the case may be, by telephone or other communications facilities that permit all persons participating in a meeting to communicate with each other, and a member participating in a meeting by such means is deemed to be present at the meeting.

(8) A meeting of the Council, or of a committee of the Council, with the exception of the hearing committee when it is conducting a hearing, or of the College, may be held by conference telephone call or other communications facilities that permit all persons participating in the meeting to communicate with each other, and all members participating in the meeting by such means are deemed to have been present at the meeting.

(9) Where ten per cent of the membership of the College request in writing, whether by petition or otherwise, that a special general meeting be held, the Council shall hold such meeting within fifteen working days of determining that ten per cent of the members have requested such a meeting.

7 (1) The Council consists of

(a) eight members of the College elected in the manner provided by this Act;

(b) one member of the College appointed by the Dean of the Medical School of Dalhousie University;

(d) five persons appointed by the Governor in Council, all of whom are persons who

(i) are not members of the College, and

(ii) have shown an interest in serving on the Council.

(2) Members of Council shall be elected or appointed to office for a term of three years.

(3) Notwithstanding subsection (2), the terms of office of members of Council upon the first election or appointment of members of Council shall be

(a) two members of the College elected for a term of one year;

(b) three members of the College elected for a term of two years;

(d) one member of the College appointed by the Dean of the Medical School of Dalhousie University for a term of one year;

(e) one member of the College appointed by the Society at a general meeting, for a term of one year; and

(f) five persons appointed by the Governor in Council, one for a term of one year, two for a term of two years, and two for a term of three years.

(4) Notwithstanding subsections (2) and (3), persons appointed by the Governor in Council hold office until such time as they are re-appointed, or until their successors are appointed, even if such appointment or re-appointment does not occur until after their specified term of office has expired.

(5) Notwithstanding subsection (1), the persons who, at the coming into force of this Act, make up the Provincial Medical Board of Nova Scotia pursuant to

the former Act constitute the Council until the election or appointment of members pursuant to subsection (3).

(6) Elections required by this Section shall be held no later than six months after the coming into force of this Act.

8 (1) Only members of the College who practise medicine in the Province are eligible to vote in an election of the Council.

(2) A member of the College may vote for as many candidates for membership on the Council as there are vacancies to be filled from the medical electoral district in which the member resides.

(3) A member of the College who is a candidate for election to membership on Council to represent a medical electoral district must practise medicine in that district.

(4) In this Section and clause 15(b), "practise medicine" means to engage in any income-earning activity that is dependent upon being a medical practitioner and includes, but is not limited to,

(a) the ordinary practice of medicine in a private office;

(b) the practice of medicine in a hospital, whether as a member of staff with privileges or as an employee;

(d) employment by a corporation, or participation in a partnership, the purpose of which is to provide health care information or consulting services.

9 (1) Every member in good standing is eligible to be nominated as and vote for a candidate for membership on the Council.

(2) Elected or appointed members of the Council shall not be members of the Council for more than three consecutive terms.

(3) In this Section, "consecutive" means that thirty-six months or less occurred between the end of one term and the commencement of the next.

10 The Council may make regulations governing elections of members of the Council and in those regulations may

(a) provide for the procedure for the nomination of candidates;

(b) after consultation with the Society and with the approval of the Governor in Council, provide for the division of the Province into medical electoral districts and prescribe the number of members of the Council to be elected from each medical electoral district;

(d) prescribe the forms to be used;

(e) prescribe the procedure to be used for the holding of the elections and for determining the persons elected as members of the Council.

11 Members of the Council shall be elected by secret ballot.

12 The ballots used at an election shall not be destroyed until all petitions pursuant to Section 13 in respect of the election have been decided and, until that time, shall be retained by the Registrar, together with all other papers in connection with the election.

13 (1) A person may petition the Council against the election of a person to the Council by filing a petition with the Registrar within fifteen days after the election.

(2) The petitioner shall state in the petition the grounds on which the election is disputed.

(3) The petitioner shall serve a copy of the petition upon the person whose election is disputed.

(4) Where a petition is filed with the Registrar pursuant to subsection (1), the Council shall hold an inquiry and if

(a) the election is found to be illegal; or

(b) the person is found not to be eligible to be nominated as a candidate for membership on Council,

shall order that a new election be held.

14 (1) The Registrar

(a) in case of failure in an election to elect the required number of duly qualified members of the Council; or

(b) in case of a vacancy occurring from the death or resignation of a member of the Council or from any other cause,

shall cause an election to be held within sixty days for the purpose of filling the vacancy.

(2) Notwithstanding subsection (1), where a vacancy occurs for any reason within six months before the date of an election of members of the Council, the vacancy shall be filled at such election.

(3) Where an election is held pursuant to subsection (1) to fill a vacant Council position, the term of office for the vacant Council position shall be the remainder of the unexpired term of such position.

15 An elected member of the Council ceases to hold office if

(a) the member resigns by notice in writing delivered to the Registrar;

(b) the member ceases to practise medicine in the medical electoral district for which the member was elected;

(d) the member is absent from three consecutive meetings of the Council, unless excused by the Council.

16 (1) The Council shall elect annually from its members a President, President-elect and Executive Committee.

(2) The Executive Committee

(a) may exercise all of the powers; and

(b) shall perform all the duties,

of the Council with respect to any matters that the Council may delegate to it or that in the opinion of the Executive Committee require immediate attention.

(3) The Council shall appoint a Registrar, who shall be a medical practitioner as defined by the regulations for the purpose of this subsection, who shall hold office during the pleasure of the Council, at such salary or other remuneration as the Council determines.

(4) The Council may appoint an Acting Registrar, who shall exercise the powers and duties of the Registrar in the event of the death or incapacity of the Registrar or the Registrar's absence from the Province.

(5) The Council may appoint such other officers, agents or employees at such salary or other remuneration, and for such term of office, as the Council considers necessary to assist it in carrying out its duties pursuant to this Act.

(6) The Council shall meet at least three times in each calendar year.

17 The Council may appoint annually such committees from among members of the Council or the College as the Council considers necessary to assist it in carrying out its duties pursuant to this Act.

18 (1) Subject to subsection (2), the President shall preside at all meetings of the Council and of the College.

(2) Where the President is absent from a meeting, the President-elect or, in the President-elect's absence, some other member chosen by the members present shall preside at the meeting.

(3) Except in the event of an equal number of votes being given for and against a resolution at any meeting, the President or other presiding officer shall not vote.

MEDICAL REGISTER

19 (1) The Council shall keep a register called the Medical Register in which shall be entered the name, address and qualifications of all persons who are entitled pursuant to this Act to be registered therein.

(2) The name, address and qualifications of every person who, at the coming into force of this Act, is registered pursuant to the former Act, shall be entered in the Medical Register, but shall continue under any stipulations or limitations attached to the person's previous registration.

(3) The Registrar shall issue a licence to every person who, at the coming into force of this Act,

(a) is registered pursuant to Section 13, 14 or 15 of the former Act; and

(b) holds a licence.

(4) Every licence issued pursuant to subsection (3) is subject to any conditions or limitations attached to the registration pursuant to the former Act.

20 (1) The Council shall direct the Registrar to enter in the Medical Register the name, address and qualifications of any person who

(a) holds a medical degree from a medical school approved by the Council;

(b) has completed a program of pre-registration physician training satisfactory to the Council;

(c) produces a certificate under the hand of the Registrar of the Medical Council of Canada, that the person's name appears in the Canadian Medical Register in pursuance of the Canada Medical Act;

(d) produces a letter of good standing from the jurisdiction in which the person has practised medicine prior to applying pursuant to this Section;

(e) satisfies the Council that the person possesses the qualifications required in the regulations for registration in the Medical Register; and

(f) complies with Section 29.

(2) Upon receiving a direction from Council mentioned in subsection (1), the Registrar shall

(a) enter the name, address and qualifications of the person named therein in the Medical Register; and

(b) issue a licence to such person.

PROVISIONAL REGISTRATION

21 (1) Notwithstanding anything in this Act, where a person applies to be registered pursuant to this Act, and the Registrar is satisfied that such person

(a) meets

(i) in a manner that would be satisfactory to the Council, the requirements for registration in the relevant register, and

(ii) the requirements of Section 29; and

(b) has paid the prescribed fees,

the Registrar may, before the matter is brought to the Credentials Committee for its direction,

(d) issue a licence to such person.

(2) Every registration made and every licence issued pursuant to this Section is valid and remains in full force and effect until ratified, varied or vacated at the next following meeting of the Credentials Committee.

(3) Subject to subsection (7), where the registration or licence of a person is varied or vacated pursuant to subsection (2), the Registrar shall give notice to such person forthwith in accordance with Section 75, and the registration or licence of that person is deemed to be varied or vacated as of the date on which service was made or deemed to have been made on the person.

(4) Where the registration or licence of a person is varied or vacated pursuant to subsection (2), the person may request the opportunity to appear before the next scheduled meeting of the Council, with or without legal counsel, where the Council shall consider the application in accordance with this Act.

(5) No member of the Council who considered the application pursuant to subsection (2) shall participate in the Council's consideration of the application.

(6) After hearing the applicant and the Registrar, the Council may

(a) direct the Registrar to issue to the applicant a licence or specialist's licence;

(b) direct the Registrar to issue to the applicant a licence or specialist's licence subject to such conditions, limitations or restrictions as the Council considers appropriate;

(c) adjourn further consideration of the application, pending completion by the applicant of such training, upgrading, clinical examinations or other examinations as the Council may designate; or

(d) direct the Registrar to refuse the application, where the Council is not satisfied that the applicant meets the criteria set out in subsection (1).

(7) Where a hearing is requested pursuant to subsection (4), the registration or licence of the person requesting the hearing shall not be varied or vacated until the Council has completed its consideration of the application.

22 (1) Where the Registrar is not satisfied with the evidence presented by a person applying for registration, the Registrar

(a) may; or

(b) where the applicant so requests in writing, shall,

refer the matter to the Credentials Committee.

(2) Upon a referral pursuant to subsection (1), the Credentials Committee, in consultation with the Registrar, shall consider the eligibility of the application and may make such inquiries or demand such further information as the Committee sees fit, and the Committee shall consider the application in accordance with this Act.

(3) Where the person requests the opportunity to appear before the Credentials Committee, this request shall be granted, and the person may appear with legal counsel.

TEMPORARY MEDICAL REGISTER

23 (1) The Council may direct the Registrar to enter in the Temporary Medical Register the name, address and qualifications of any physician employed in the public service of the Province upon

(a) receiving a request therefor from the Minister of Health;

(b) being satisfied as to the professional qualifications of the physician; and

(2) Upon receiving a direction from the Council pursuant to subsection (1), the Registrar shall

(a) enter in the Temporary Medical Register the name, address and qualifications of the person named therein; and

(b) issue a licence to such person.

(3) Every person who, at the coming into force of this Act, is registered pursuant to clause 15(2)(a) of the former Act and holds a licence shall be issued a licence pursuant to subsection (2).

(4) Every licence issued pursuant to subsection (3) is subject to any conditions or limitations attached to the registration pursuant to the former Act.

(5) A person to whom a licence has been issued pursuant to subsection (2) may practise medicine

(a) in the performance of that person's duties in the public service of the Province; or

(b) in consultation with a regularly licensed medical practitioner when that person's services are specifically requested.

(6) The Minister of Health shall immediately advise the Registrar when a person registered pursuant to this Section ceases to be employed in the public service of the Province on a full-time basis.

(7) When a person registered pursuant to this Section ceases to be employed in the public service of the Province of Nova Scotia, the Registrar shall

(a) strike that person's name from the Temporary Medical Register; and

(b) revoke that person's licence.

(8) No person shall practise medicine while employed in the public service of the Province unless registered and licensed.

24 (1) The Council may direct the Registrar to enter in the Temporary Medical Register the name, address and qualifications of any person who

(a) is engaged as a member of the Faculty of Medicine of Dalhousie University upon receiving a request therefor from the Dean of the Faculty;

(b) being satisfied as to the professional qualifications of that person; and

(2) Upon receiving a direction from Council pursuant to subsection (1), the Registrar shall

(a) enter in the Temporary Medical Register the name, address and qualifications of the person named therein; and

(b) issue a licence to such person.

(3) The Registrar shall

(a) enter in the Temporary Medical Register the name, address and qualifications of any person who, at the coming into force of this Act, holds a licence issued pursuant to clause 15(2)(b) of the former Act; and

(b) issue a licence to such person.

(4) Every licence issued pursuant to subsection (3) is subject to any conditions or limitations contained in the licence issued pursuant to the former Act.

(5) A person to whom a licence has been issued pursuant to subsection (2) or (3) may engage in such areas of the practice of medicine as are reasonably necessary in the performance of that person's duties in the Faculty of Medicine of Dalhousie University.

(6) When a person licensed pursuant to subsection (2) or (3) ceases to be a member of the Faculty of Medicine of Dalhousie University, the Registrar shall

(a) strike the name of such person from the Temporary Medical Register; and

(b) revoke the licence of such person.

(7) The Dean of the Faculty of Medicine of Dalhousie University shall immediately advise the Registrar when a person registered pursuant to this Section ceases to be employed by Dalhousie University on a full-time basis.

DEFINED REGISTER

25 (1) The Council shall keep a register called the Defined Register in which shall be entered the name, address, qualifications and terms and conditions of registration of all persons who are entitled pursuant to this Act to be registered therein.

(2) After consultation with the Executive of the Medical Society, the Council may make regulations, which shall take effect upon approval by a general meeting of the College and by the Governor in Council,

(a) governing the persons or classes of persons who may be registered in the Defined Register;

(b) dividing the Defined Register into parts representing the classes of persons who may be registered therein;

(d) prescribing the extent to which and terms and conditions under which persons registered in the Defined Register may engage in the practice of medicine; and

(e) prescribing by whom applications may be made pursuant to this Section, and the procedure on such applications;

(3) The Council may direct the Registrar to register in the Defined Register the name, address and qualifications and terms and conditions of registration of any person who

(a) satisfies the Council that that person possesses the qualifications required for registration in the Defined Register; and

(b) complies with Section 29.

(4) Upon receiving a direction from Council pursuant to subsection (3), the Registrar shall enter in the Defined Register the name, address and qualifications and terms and conditions of registration of the person named therein, and issue a licence to such person.

(5) The Registrar shall

(a) enter in the Defined Register the name, address and qualifications and terms and conditions of registration of every person who, at the coming into force of this Act, is registered pursuant to subsection 15(3) of the former Act and who holds a licence; and

(b) issue a licence to such persons.

(6) Every licence issued pursuant to subsection (5) shall be subject to any conditions or limitations attached to the registration in subsection 15(3) of the former Act.

MEDICAL SPECIALISTS REGISTER

26 (1) The Council shall keep a register called the Medical Specialists Register in which shall be entered the name, address, qualifications and specialty of all members who are entitled pursuant to this Act to be registered therein.

(2) The Council may, after consultation with the Society and with the approval of the Governor in Council, make regulations

(a) defining classes of specialists in the various branches of medicine;

(b) dividing the Medical Specialists Register into parts representing the classes of specialists as defined by Council;

(d) providing for the regulation and prohibition of the use, terms, titles or designations by members indicating specialization in any branch of medicine.

(3) The Council may direct the Registrar to enter in the Medical Specialists Register the name, address, qualifications and specialty of any medical practitioner who

(a) holds a licence;

(b) satisfies Council that the practitioner possesses the qualifications required for registration in the Medical Specialists Register; and

(4) Upon receiving a direction from Council pursuant to subsection (3), the Registrar shall enter in the Medical Specialists Register the name, address, qualifications and specialty of the person named therein, and issue a specialist's licence to such person.

(5) The Registrar shall enter in the Medical Specialists Register the name, address, qualifications and specialty of every person who, at the coming into force of this Act is registered in the Specialists Register pursuant to the rules and regulations of the former Act and who holds a licence and shall issue a specialist's licence to such persons.

(6) Every licence issued pursuant to subsection (5) is subject to any conditions or limitations attached to the registration in the Specialists Register pursuant to the rules and regulations of the former Act.

MEDICAL EDUCATION REGISTER

27 (1) The Council shall keep a register called the Medical Education Register in which shall be entered the name, address and qualifications of all persons who are entitled pursuant to this Act to be registered therein.

(2) The Council may, after consultation with the Society and with the approval of the Governor in Council, make regulations

(a) prescribing the qualifications required for registration in the Medical Education Register;

(b) prescribing the extent to which persons registered in the Medical Education Register may engage in the practice of medicine.

(3) The Council may direct the Registrar to enter in the Medical Education Register the name, address and qualification of any person who

(a) either

(i) is a student at a medical school approved by Council, or

(ii) holds a medical degree from a medical school approved by the Council and is engaged in a program of

(A) pre-registration physician training acceptable to the Council, or

(B) post-graduate training acceptable to the Council;

(b) satisfies the Council that the person possesses the qualifications required for registration in the Medical Education Register; and

(4) Upon receiving a direction from the Council pursuant to subsection (3), the Registrar shall enter the name, address and qualifications of the person named therein in the Medical Education Register.

(5) The Registrar shall enter in the Medical Education Register the name, address and qualifications of every person who, at the coming into force of this Act, is registered in the Temporary Medical Register pursuant to clause 15(2)(c) of the former Act.

(6) The Registrar may strike the name of any person from the Medical Education Register who

(a) ceases to be engaged in a program of preregistration physician training or post-graduate training; or

(b) has been registered in the Medical Register, Temporary Medical Register or Defined Register.

REGISTRATION GENERALLY

28 Notwithstanding anything in this Act, where any person has been convicted or found to be guilty, by a court in or out of Canada, of any offence that is inconsistent with the proper professional behaviour of a physician or surgeon, including a conviction under the Criminal Code (Canada) or the Narcotics Control Act, and such person applies for registration, the Registrar and the Council may refuse to register such person but the Council may at any time permit such person to be registered or to remain registered upon such terms and conditions as it may direct.

29 Any person who applies for registration pursuant to this Act shall

(a) apply therefor in the prescribed manner;

(b) satisfy the Council that that person is the person named in any diploma or documentation submitted in support of such application;

(d) provide such information as the Council may require; and

(e) pay the prescribed fee.

30 A member or associate member of the College who changes address shall promptly inform the Registrar who shall enter the change in the Register.

ANNUAL FEES

31 (1) Every member and associate member shall pay to the Registrar, or such person as the Registrar may designate,

(a) at the time that the member or associate member is registered; and

(b) on or before a date or dates prescribed by Council in each year thereafter,

the prescribed annual registration or licence fee.

(2) Every member who is registered in the Medical Register, Temporary Medical Register or Defined Register shall pay to the Medical Society of Nova Scotia, or such person as it may designate,

(a) within one month of the time that the member is registered; and

(b) on or before a date prescribed by the Society in its by-laws, in each year thereafter,

the prescribed annual membership dues of the Society for that member's class or type of membership.

(3) Prior to the due date of the annual membership dues, the Society shall give notice to every member in such form and in such manner the Society may prescribe by by-law.

(4) The Society shall notify the Registrar where a member fails to make a payment pursuant to subsection (2).

(5) A member is deemed to have paid the membership dues to the Society pursuant to subsection (2), until such time as the Society notifies the Registrar that the member has failed to do so.

(6) The licence and specialist's licence of any member who fails to pay prescribed annual fees as required by subsection (1) or (2) shall be suspended in accordance with the procedure prescribed by the regulations.

(7) The Registrar shall forthwith notify in writing any person whose licence has been suspended pursuant to this Section.

(8) The prescribed annual licence fees payable by members and associate members of the College pursuant to subsection (1) shall be determined by the Council.

32 (1) Where the licence or specialist's licence of a member has been suspended pursuant to subsection 31(6), or in any other case where the licence or specialist's licence of a registered person has expired or lapsed pursuant to this Act or the former Act for non-payment of fees, such person may apply to the Registrar for relicensing.

(2) Where a person referred to in subsection (1) satisfies the Registrar

(a) of the person's intention to practise medicine in the Province;

(b) as to the person's activities since the date of the suspension or expiry or lapsing of the person's licence;

(d) as to the person's good standing in all jurisdictions in which the person has practised medicine since the date of the suspension or expiry or lapsing of the person's licence; and

(e) that the person has paid all fees or any other amount owing to the College and the Society and such administrative fees as may be prescribed,

the Registrar may

(f) issue a license to such person; and

(g) issue a specialist's licence to such person in the specialties in which the person formerly held a specialist's licence.

(3) Where the Registrar is not satisfied with the evidence presented pursuant to subsection (2), the Registrar

(a) may; or

(b) where the applicant so requests in writing, shall,

refer the matter to the Credentials Committee.

(4) Upon a referral pursuant to subsection (3), the Credentials Committee, in consultation with the Registrar, shall consider the eligibility of the application, and may make such inquiries or demand such further information as the Committee sees fit, and the Committee shall consider the application in accordance with this Act.

(5) Where the person requests the opportunity to appear before the Credentials Committee, this request shall be granted, and the person may appear with legal counsel.

(6) Where the registration or licensing of a person is refused pursuant to subsection (4), the person may request the opportunity to appear before the next scheduled meeting of Council, with or without legal counsel, where Council shall consider the application in accordance with this Act.

(7) No member of Council who considered the application pursuant to subsection (4) shall participate in Council's consideration of the application.

(8) After hearing the applicant and the Registrar, the Council may

(a) direct the Registrar to issue to the applicant a licence or specialist's licence;

(b) direct the Registrar to issue to the applicant a licence or specialist's licence subject to such conditions, limitations or restrictions as the Council considers appropriate;

(c) adjourn further consideration of the application, pending completion by the applicant of such training, upgrading, clinical examinations or other examinations as the Council may designate; or

(d) direct the Registrar to refuse the application, where Council is not satisfied that the applicant meets the criteria set out in subsection (2).

33 Every licence or specialist's licence issued pursuant to Section 32 shall be subject to any conditions, limitations, or restrictions contained in the licence or specialist's licence that had expired, lapsed, or been suspended pursuant to subsection 31(6), unless Council orders otherwise.

ANNUAL LIST

34 The Registrar shall in each year cause to be published in the manner prescribed an annual list that includes

(a) the names of those persons who hold a licence;

(b) the names and specialties of those persons who hold a specialist's licence;

(d) the names of persons listed in the Defined Register; and

(e) the names of persons listed in the Medical Education Register.

PRIVILEGES

35 (1) The licence or specialist's licence of a member may only be surrendered by the member after notice in writing to the Council and with the consent of the Council.

(2) Where a member or associate member ceases to be a member or associate member for any reason, or where a person ceases to be registered or licensed for any reason, such person remains subject to the jurisdiction of the College in respect of any disciplinary matter arising out of the person's conduct while a member or associate member, or while registered.

36 Except where prohibited by the regulations, but notwithstanding anything contained in the Pharmacy Act, a medical practitioner who holds a licence may dispense, compound or administer drugs or medicines in the course of the person's practice of medicine, and may make reasonable charges for any services rendered or goods supplied in doing so.

37 Nothing contained in the Dental Act prohibits medical practitioners who hold a licence from doing, in the course of administering medical aid or treatment, anything for which registration is required pursuant to that Act, or from doing anything in an emergency to relieve pain or suffering of a person, or making reasonable charges therefor.

PROHIBITIONS

38 (1) A person licensed pursuant to this Act who practises medicine in violation of any condition or limitation contained in the person's licence commits an offence.

(2) A person who practises medicine

(a) while the person's licence is suspended or revoked; or

(b) without a licence,

commits an offence.

39 (1) A member of the College who leaves the Province and practises medicine on the member's return to the Province prior to providing the Registrar with a certificate of good standing from all jurisdictions in which the member had practised during such absence commits an offence.

(2) The Council may waive the requirements of subsection (1), and may make regulations exempting members from the requirements of subsection (1) where members have been absent from the Province for a period shorter than a maximum period prescribed in the regulations.

40 (1) Except as provided in this Act and the regulations, no person, other than a medical practitioner who holds a licence shall

(a) publicly or privately, for hire, gain or hope of reward, practise or offer to practise medicine;

(b) hold himself or herself out in any way to be entitled to practise medicine; or

(c) assume any title or description implying or designed to lead the public to believe that that person is entitled to practise medicine.

(2) No person is entitled to receive a fee, reward or remuneration for

(a) professional services rendered to any person in the practice of medicine; or

(b) any medicine or medical appliances supplied to any person in the practice of medicine,

unless registered and licensed at the time the services were provided or the medicine or appliances were rendered.

(3) For greater certainty, this Section does not affect the right of a dentist, duly licensed to practise dentistry in the Province, to append the title "doctor" or "dental surgeon" to his or her name nor the right of a veterinary surgeon registered under the Veterinary Medical Act to append the title "doctor" or "veterinary surgeon" to his or her name.

41 A person who knowingly furnishes false information in any application pursuant to this Act, or in any statement or return required to be furnished pursuant to this Act or the regulations, commits an offence.

42 A person who is engaged as a pre-registration or post-graduate physician training in the Province and who is not registered in the Medical Education Register, commits an offence.

43 (1) In any prosecution for an offence contrary to this Act or the regulations, the onus of proof that a person accused of an offence has the right to practise medicine, or that a person comes within any of the exemptions provided by this Act, is on the person accused.

(2) Where a violation of this Act or the regulations by a person who does not have the right to practise medicine continues for more than one day, the offender is guilty of a separate offence for each day that the violation continues.

(3) For the purpose of this Act, proof of the performance of one act in the practice of medicine on one occasion is sufficient to establish that a person has engaged in the practice of medicine.

44 (1) A person who violates

(a) this Act;

(b) a regulation made pursuant to clause 6(3)(h), (i) or (j); or

is guilty of an offence, and the Summary Proceedings Act applies in addition to any penalty otherwise provided for in this Act or the regulations.

(2) All fines and penalties payable under this provision as a result of a prosecution by or on behalf of the College belong to the College.

(3) Any information to be laid pursuant to this Act may be laid by the Registrar of the College or any member of the College authorized by the Council, with the consent of the Minister of Health.

EXEMPTIONS

45 Nothing in this Act applies to or prevents

(a) the attendance upon a patient residing in this Province in the vicinity of the boundary line of the Province of New Brunswick by a medical practitioner resident and duly registered in the Province of New Brunswick whose practice is normally near the boundary line of this Province and who does not have within this Province an office or place of business wherein to meet patients or to receive calls;

(b) a physician or surgeon entitled to practise medicine in any other province of Canada or country, from consulting in the Province with a medical practitioner who holds a licence;

(d) the practice of the religious tenets or general beliefs of any religious organization;

(e) the furnishing of first aid or emergency assistance in the case of emergency, if such aid or assistance is given without hire, gain or hope of reward;

(f) the manufacture, fitting or selling of artificial limbs or similar appliances;

(g) the practice of optometry by a person who is licensed pursuant to the Optometry Act;

(h) the practice of nursing assistant by a person who is registered pursuant to the Nursing Assistants Act;

(i) the practice of occupational therapy by a person who is licensed pursuant to the Occupational Therapists Act;

(j) the practice of dentistry or dental surgery by a person who is registered pursuant to the Dental Act;

(k) the practice of dispensing optician by a person who is registered pursuant to the Dispensing Opticians Act;

(l) the practice of denturology by a person who is licensed pursuant to the Denturist Act;

(m) the practice of psychology by a person who is licensed pursuant to the Psychologists Act;

(n) the practice of chiropractic by a person who is registered pursuant to the Chiropractic Act;

(o) the practice of pharmacy by a person who is registered pursuant to the Pharmacy Act;

(p) the practice of dietetics by a person who is registered pursuant to the Professional Dietitians Act;

(q) the practice of radiological technology by a person registered pursuant to the Medical Radiation Technologists Act;

(r) the practice of dental technology by a person registered pursuant to Dental Technicians Act;

(s) the practice of nursing by a person registered pursuant to the Registered Nurses' Association Act;

(t) the practice of physiotherapy by a person registered pursuant to the Physiotherapy Act;

(u) the performance of those medical acts as approved by the Joint Committee on Delegated Medical Acts that are so delegated or are otherwise approved by regulation or by a process established by regulation.

PATIENT RECORDS

46 (1) In this Section, "patient records" includes all documents, charts, laboratory specimens, x-rays, photographic film or any other form of record relating to the patients of a member or associate member.

(2) Where

(a) a member

(i) dies, disappears, is imprisoned, leaves the Province or surrenders the member's licence or specialist's licence,

(ii) is struck off a register or is the subject of suspension of licence or specialist's licence,

(iii) has been found to be an incapacitated or unfit member, or

(iv) neglects the practice of medicine, and

(b) adequate provision has not been made for the protection of the member's patients' interests,

the College may, with or without notice as the court directs, request the court to appoint a custodian who is a physician to take possession of the patient records of the member.

(3) A custodian appointed pursuant to subsection (2) shall

(a) hold and protect all patient records taken into custody; and

(b) distribute copies of the patient records, as may be appropriate, to the physicians of the patients concerned, including the member referred to in subsection (2), and to the duly appointed representatives of the patients, or the patients themselves unless there are reasonable grounds to believe it would not be in the best interest of the patient to make that information available, subject to such fees as the court may direct or the regulations may prescribe.

(4) In an order made pursuant to subsection (2), or in a subsequent order made on the application of the College or the custodian, with or without notice as the court directs, the court may

(a) authorize the custodian to employ professional assistance to carry out the custodian's duties;

(b) direct any sheriff to seize, remove and place in the possession of the custodian patient records;

(c) where there are reasonable grounds to believe that any patient records may be found in any premises, safety deposit box or other receptacle, direct the sheriff to enter the premises or open the safety deposit box or other receptacle;

(d) direct the owner of any premises, or person in possession of any premises, or any bank or other depository of patient records to deal with, hold, deliver or dispose of such patient records as the court directs;

(e) give directions to the custodian as to the disposition of patient records;

(f) make provision for the remuneration, disbursements and indemnification of the custodian in the course of the custodian's duties;

(g) make provision for the discharge of a custodian either before or after completion of the responsibilities imposed upon the custodian by any order made under this Section; and

(h) give such further directions as the court considers are required in the circumstances.

(5) Unless the Court otherwise directs, it shall be sufficient for the custodian to give notice by newspaper advertisement, to patients, physicians or the general public, that the custodian has possession of the patient records of a member.

(7) Subject to any order of the court, or where one year has passed from the date of the court order appointing the custodian, whichever is earlier, the custodian shall report to the Council of the College, which may discharge the custodian, or make any order it deems appropriate regarding any patient records remaining in the hands of the custodian, and the custodian's compliance with the order of the Council discharges the custodian, in respect of those patient records affected.

(8) Unless otherwise ordered pursuant to subsection (7), upon discharge of a custodian pursuant to subsections (7) and (10), the College shall take into permanent custody patient records and assume the responsibilities of a custodian as provided in subsection (3).

(9) The College may destroy records after the passage of a minimum period of time as ordered by the Court or as set by regulations.

(10) The court may, upon the application of the College made either ex parte or on such notice as the court directs, remove a custodian from office and, if the court deems it expedient, appoint another custodian in the custodian's place, and may include in such order such further directions as are required in the circumstances.

(11) A member in respect of whom an order has been made pursuant to this Section may, after giving notice to the College and to the custodian, apply to the court to vary or set aside an order made pursuant to this Section and to direct the custodian to place all or part of the patient records back into the possession of the member upon such terms as may be just.

(12) The court may give directions as to service of any notice required or order made pursuant to this Section.

(13) No action for damages lies against the College, the Council or any committee, member, officer or employee of the College for anything done or omitted to be done in good faith pursuant to this Section, or against a custodian or any other person acting in good faith pursuant to this Section or any order issued under this Section.

(14) This Section applies mutatis mutandis to former members of the College.

INJUNCTION

47 (1) Where a member or associate member, whose licence to practise has been suspended pursuant to this Act or the regulations, does or attempts to do anything contrary to this Act or the regulations, the doing of such thing may be restrained by an injunction of the court at the instance of the Council.

(2) Where a person other than a member or associate member does or attempts to do anything contrary to this Act, the doing of such thing may be restrained by an injunction of the court at the instance of the Council.

DISCIPLINE

48 Complaints may be initiated by

(a) any official body corporate or association;

(b) the Registrar; or

49 The College or a disciplinary committee may employ, at the expense of the College, such legal or other assistance as it considers necessary for the purpose of the investigation of any disciplinary matter.

50 Every person involved in the administration of this Act, and any member of the Council, or a committee of Council or the College, shall maintain confidentiality with respect to all medical information that comes to that person's knowledge regarding patients, and with respect to all matters that come to that person's knowledge relating to a peer assessment, except

(a) in connection with the administration of this Part, and the regulations or proceedings thereunder;

(b) to one's own legal counsel;

(d) with the consent of the person to whom the information relates.

51 A person or disciplinary committee investigating a disciplinary matter concerning a member or associate member may investigate any other disciplinary matter concerning the member or associate member that arises in the course of the investigation.

52 (1) Where a disciplinary committee

(a) learns that the registration or licence of a member or associate member has been suspended or revoked for reasons of professional misconduct, conduct unbecoming or incompetence by another licensing or regulatory authority;

(b) has provided the member or associate member with such notice as it may prescribe of a hearing together with a copy of the relevant decision of the other licensing or regulatory authority; and

(c) has heard such evidence as is offered by the member or associate member at the hearing as to why the member should not be subject to disciplinary action,

the disciplinary committee may take any of the actions contemplated by clause 66(2)(e).

(2) Where a member or associate member has been convicted of an offence pursuant to the Criminal Code (Canada) or the Narcotics Control Act (Canada) or has been convicted of an offence as referred to in Section 28, the disciplinary committee may, by such notice as it prescribes, require the member or associate member to attend a hearing to establish why the member or associate member should not be subject to disciplinary action.

(3) For the purpose of subsection (2), a certificate of conviction of a member or associate member is conclusive evidence that a person has committed the offence stated therein unless it is shown by the member or associate member that the conviction has been quashed or set aside.

(4) When a disciplinary committee is conducting a hearing pursuant to this Section, it may, if it deems proper, take any of the actions contemplated by clause 66(2)(e).

INVESTIGATION COMMITTEE

53 (1) Council shall appoint a committee or committees to be known as an investigation committee.

(2) An investigation committee shall be composed of at least five persons.

(3) A committee shall

(a) have as its chair a member of the Council appointed by the Council;

(b) have as a member at least one person who does not hold a degree of doctor of medicine or equivalent, who is a member of the Council; and

(4) Notwithstanding subsection (3), any three members of the committee constitute a quorum.

(5) The committee shall

(a) investigate complaints regarding a disciplinary matter concerning any member or associate member of the College;

(b) investigate any matter referred to the committee by the Registrar; and

(6) The Registrar may refer a matter to the committee notwithstanding that a written complaint has not been filed with the Registrar.

(7) Without receipt of a written complaint, the committee

(a) may do all things necessary to provide a full and proper investigation;

(b) may appoint a person or persons to conduct an investigation or practice audit, or both.

(8) Upon receipt of a written complaint and upon giving to the member or associate member a copy of the complaint, the committee may require the member or associate member to

(a) submit to physical or mental examinations by such qualified persons as the committee designates;

(b) submit to an inspection or audit of the practice of the member or associate member by such qualified persons as the committee designates;

(c) submit to such examinations as the committee directs to determine whether the member or associate member is competent to practise medicine;

(d) produce records and accounts kept with respect to the member's or associate member's practice.

(9) Where the member or associate member fails to comply with subsection (8), the committee may suspend or restrict the registration, licence or specialist's licence, or both, of the member or associate member until the member or associate member complies.

(10) Where the committee has, pursuant to clause (8)(a),(b) or (c), required a member or associate member to submit to physical or mental examinations, or submit to inspection or audit of the practice by a qualified person designated by the committee, the committee shall deliver to the member or associate member any report it receives from the designated qualified person.

(11) The committee or person appointed to conduct an investigation pursuant to clause (7)(b) may

(a) employ such other experts as the Committee or person deems necessary;

(b) require the member or associate member or any other member or associate member of the College, who may have information relevant to the investigation, to attend before the Committee or the person conducting the investigation to be interviewed;

(c) investigate any other matter relevant to the conduct, capacity or fitness of a member or associate member to practise medicine that arises in the course of the investigation.

(12) The Committee may

(a) dismiss the complaint;

(b) attempt to resolve the matter informally;

(d) refer the matter, in whole or in part, to a hearing committee;

(e) counsel the member or associate member;

(f) caution the member or associate member;

(g) counsel and caution the member or associate member;

(h) reprimand the member or associate member with the member's or associate member's consent; or

(i) with the consent of the member or associate member, require the member or associate member to undergo such treatment or re-education as the committee considers necessary.

(13) Where the committee is considering a decision to counsel, caution, or counsel and caution a member or associate member pursuant to clause (12)(e), (f) or (g), the committee shall give notice to the member or associate member and the member or associate member shall be given the opportunity to appear, with or without legal counsel, before the committee prior to the committee making a decision.

(14) A member or associate member who has consented to a requirement for treatment or re-education pursuant to clause (12)(i), may consent to such requirement in principle, while reserving the right to appeal the actual content of the requirement for treatment or re-education to a hearing committee within fifteen days of receiving notice thereof.

(15) Parties to an appeal pursuant to subsection (14) shall bear their own costs.

(16) Such appeals will be conducted without oral testimony and a hearing committee shall review an agreed statement of facts supplied by the legal counsel for the College and signed by the member or associate member.

(17) Where an agreed statement of facts is not filed within thirty days of filing the notice of appeal, then the consent of the member or associate member is deemed to have been withdrawn and the matter referred back to the investigation committee which may consider other actions or dispositions as authorized by this Act.

(18) When making findings pursuant to clauses (12)(e), (f), (g), (h) or (i), a committee may make any combination of the dispositions that are set out therein, or the committee may make such other dispositions as it considers appropriate, in accordance with the objects of this Act.

(19) The member or associate member and the complainant will be advised in writing of the disposition of the committee.

54 (1) Notwithstanding any other provision of this Act, where

(a) an investigation committee receives information that indicates that a member or associate member may be incompetent or guilty of professional misconduct or conduct unbecoming; and

(b) the investigation committee concludes that it is in the public interest to suspend from practice or restrict the practice of the member or associate member,

the investigation committee may, without a hearing,

(c) immediately suspend the registration, licence or specialists licence, or both, of the member or associate member on a temporary basis; or

(d) immediately impose restrictions on the registration, licence or specialists licence, or both, of the member or associate member on a temporary basis.

(2) The member or associate member shall receive, forthwith, notice in writing, with reasons, of a decision made pursuant to subsection (1).

(3) Subject to a determination pursuant to subsection (5), a decision pursuant to subsection (1) continues in force until final resolution by a hearing committee which must occur without undue delay.

(4) The member or associate member who receives written notice pursuant to subsection (2) may request, in writing, an opportunity to meet with the investigation committee.

(5) Where a request is received pursuant to subsection (4), the investigation committee shall

(a) provide an opportunity for the member or associate member to meet with the committee within ten days of the written request; and

(b) after meeting with the member or associate member, may confirm, vary or terminate the suspension or restrictions imposed pursuant to subsection (1).

55 Notwithstanding any other provision of this Act, where a decision is made pursuant to subsection 54(1), subject to any disposition made pursuant to subsection 54(5), a hearing committee shall be appointed pursuant to subsection 58(1) to proceed with a hearing to determine whether the member or associate member is guilty of charges relating to a disciplinary matter.

56 Notwithstanding that a member or members of an investigation committee or a hearing committee have ceased to hold office by reason of the lapse of their appointments, such member or members shall be seized with the jurisdiction to complete any matter the committees have commenced if necessary to retain a quorum, and for this purpose such member or members continue to have the same powers, privileges, immunities and duties as are provided by this Act and the regulations.

SETTLEMENT AGREEMENT

57 (1) After an investigation committee refers a matter to a hearing committee pursuant to clause 53(9)(d), the member or associate member complained of may, at any time prior to the commencement of the hearing, tender to the investigation committee a proposed settlement agreement in writing, consented to by legal counsel for the College that includes an admission of a disciplinary matter violation or violations and the member's or associate member's consent to a specified disposition, conditional upon the acceptance of the agreement by a hearing committee.

(2) The investigation committee may, in its discretion, recommend or refuse to recommend acceptance of the proposed settlement agreement by the hearing committee.

(3) Where the investigation committee recommends the acceptance of the proposed settlement agreement, it shall instruct legal counsel for the College to advise the hearing committee hearing the complaint of its recommendation.

(4) Where the investigation committee refuses to recommend the proposed settlement agreement, the hearing shall proceed without reference to the proposed settlement agreement.

(5) Where the hearing committee appointed to hear the complaint accepts the recommendation of the investigation committee, it shall confirm such acceptance by written decision that incorporates the settlement agreement.

(6) Where the hearing committee appointed to hear the complaint rejects the recommendation of the investigation committee,

(a) it shall advise the Registrar of its decision;

(b) it shall proceed no further with the hearing of the complaint;

(c) a new hearing committee shall be appointed to hear the complaint and no member of the committee that considered the proposed settlement agreement shall be a member of the new committee; and

(d) the investigation committee retains jurisdiction over a complaint until the commencement of the hearing by a hearing committee.

HEARING COMMITTEE

58 (1) A hearing committee shall be appointed for the purpose of hearing any charges relating to a disciplinary matter against a member or associate member when a disciplinary matter is referred, in whole or in part, to a hearing committee.

(2) A hearing committee shall be composed of at least five persons.

(3) The committee shall have as members

(a) at least one person who does not hold a degree of doctor of medicine or equivalent, who is a member of the Council; and

(b) at least three members of the College.

(4) Notwithstanding subsection (3), any three members of the committee constitute a quorum.

(5) Subject to the regulations, the hearing committee may do all things necessary to provide a full and proper inquiry.

(6) In a matter over which a hearing committee has jurisdiction, the hearing committee and each member of the committee has all the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act.

(7) Upon the application of

(a) any party to the hearing;

(b) the chair of the hearing committee; or

the Registrar of the College shall sign and issue a summons to witness for the purpose of procuring the attendance and evidence of witnesses before the hearing committee.

(8) It is the duty of the member or associate member who is charged in a disciplinary matter to appear at the hearing but in the event of non-attendance by such member or associate member, the hearing committee, upon proof by affidavit, statutory declaration or other evidence acceptable to the hearing committee of service of the notice, pursuant to subsection (9), may proceed with the hearing and, without further notice to such member or associate member, render its decision and take such other action as it is authorized to take pursuant to this Act.

(9) Unless the member or associate member has agreed to a shorter notice period, a notice of hearing shall be served at least thirty days before the holding of the hearing upon the member whose disciplinary matter is being heard.

(10) A notice of a hearing shall state the details of the charges and the time and place of the holding of the hearing, and shall be signed by the Registrar.

(11) The College shall place the notice as provided for in subsection (10) in such publications as it deems necessary in order to inform the public.

59 (1) The following evidence is not admissible before a hearing committee unless the opposing party has been given, at least ten days before the hearing,

(a) in the case of written or documentary evidence, an opportunity to examine the evidence;

(b) in the case of evidence of an expert, a copy of the expert's written report or if there is no written report, a written summary of the evidence; or

(2) Notwithstanding subsection (1), a hearing committee may, in its discretion, allow the introduction of evidence that would be otherwise inadmissible under subsection (1) and may make directions it considers necessary to ensure that a party is not prejudiced.

60 No member of a hearing committee holding a hearing shall communicate outside the hearing, in relation to the subject-matter of the hearing, with a party or the party's representative unless the other party has been given notice of the subject-matter of the communication and an opportunity to be present during the communication with the exclusion of communications where the sole purpose is to make administrative arrangements.

61 Where a hearing committee obtains expert medical opinion with respect to a hearing, it shall make the nature of the opinion known to the parties and they may make submissions with respect to the opinion.

62 (1) Subject to subsection (2), a hearing shall be open to the public.

(2) The hearing committee may make an order that the public, in whole or in part, be excluded from a hearing or any part of it if the hearing committee is satisfied that

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public; or

(3) Where it thinks fit, the hearing committee may make orders it considers necessary to prevent the public disclosure of matters disclosed at a hearing, including orders prohibiting publication or broadcasting of those matters.

(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public.

(5) The hearing committee may make an order that the public be excluded from the part of a hearing dealing with a motion of an order pursuant to subsection (2).

(6) The hearing committee may make any order necessary to prevent the public disclosure of matters disclosed in the submission relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.

(7) Subject to any orders pursuant to this Section, the hearing committee shall state, at the hearing, its reasons for any order made pursuant to this Section.

63 Where a hearing committee makes an order pursuant to subsection 62(2), wholly or partly, because of the desirability of avoiding disclosure of matters in the interest of a person affected,

(a) the committee shall allow the parties, the complainant, and their legal and personal representatives; and

(b) the committee may allow such other persons as the committee considers appropriate,

to attend the hearing.

64 A hearing committee shall, on the request of a witness, other than the member or associate member, whose testimony is in relation to allegations of misconduct of a sexual nature by a member or associate member involving the witness, make an order that no person shall publish the identity of the witness or any information that could disclose the identity of the witness.

65 (1) The hearing committee holding a hearing shall ensure that

(a) the oral evidence is recorded;

(b) copies of the transcript of the hearing are available to a party at the party's request and expense, the complainant at the complainant's request and expense and other persons the hearing committee or the Registrar considers appropriate at those persons' request and expense; and

(c) copies of the transcript of any part of the hearing that is not closed nor the subject of an order prohibiting publication are available to any person at that person's expense.

(2) Where a transcript of a part of a hearing that is the subject of an order for a closed hearing or an order prohibiting publication is filed with a court in respect of proceedings, only the court, the parties to the proceedings and the complainant may examine it unless the court or the hearing committee orders otherwise.

66 (1) At a hearing of the hearing committee, a member or associate member is entitled to all the rights of natural justice, including the right to be represented by legal counsel, to know all the evidence considered by the hearing committee, to present evidence, and to cross examine witnesses.

(2) A hearing committee

(a) shall hear each case in such manner as it deems fit;

(b) may require the member or associate member to

(i) submit to physical or mental examinations by such qualified persons as the committee designates,

(ii) submit to an inspection or audit of the member or associate member's practice by such qualified persons as the committee designates,

(iii) undergo such examinations as the hearing committee directs to determine whether the member or associate member is competent to practise medicine, and

(iv) produce records and accounts kept with respect to the member or associate member's practice;

(c) where the member or associate member fails to comply with clause (b), may resolve that the registration, licence or specialist's licence, or both, of the member or associate member be suspended until the member or associate member does;

(d) where the committee has, pursuant to subclause (b)(i), (ii) or (iii), required a member or associate member to submit to physical or mental examinations, or submit to inspection or audit of the practice by a qualified person designated by the committee, shall deliver to the member or associate member any report it receives from the designated qualified person;

(e) shall determine whether the member or associate member is guilty of charges relating to a disciplinary matter, and

(i) where there is a guilty finding, may determine that

(A) the registration, licence or specialist's licence, or both, of the member or associate member be revoked, and that member or associate member's name be stricken from the registers in which it is entered,

(B) the licence or specialist's licence, or both, of the member or associate member be suspended

(I) for a fixed period, or

(II) for an indefinite period until the occurrence of some specified future event or until compliance with conditions prescribed by the committee,

(C) conditions, limitations or restrictions be imposed on the licence or specialist's licence, or both, of the member or associate member,

(D) the member or associate member undergo such treatment or re-education as the committee considers necessary,

(E) such fine as the committee considers appropriate to a maximum of fifteen thousand dollars be paid by the member or associate member to the College for the purpose of funding medical education and research as determined by the Council,

(F) the member or associate member be reprimanded, and

(G) such other disposition as it considers appropriate be imposed, or

(ii) where there is a not guilty finding, then the Committee may dismiss the charges;

(f) shall file its decision, including reasons, at the offices of the College.

(3) When making dispositions pursuant to clause (2)(e), the committee may impose one or more of the penalties which are set out therein, or the committee may make such other dispositions as it considers appropriate, in accordance with the objects of this Act.

(4) The Registrar shall provide the member or associate member, the complainant and such other persons as the Registrar considers appropriate with a copy of the decision of the hearing committee except that, where there are references identifying patients or other persons other than the complainant, those references, as well as other personal information about those persons, shall be deleted where, in the Registrar's opinion, this is appropriate.

(5) The decision of a hearing committee has effect immediately upon service on the member or associate or from such time as the decision may direct.

(6) The hearing committee shall release documents and things put into evidence at a hearing to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined.

COSTS

67 (1) When a hearing committee finds a member or associate member guilty of charges relating to a disciplinary matter, it may order that the member or associate member pay the costs of the Council, in whole or in part.

(2) When a member or associate member is ordered to pay costs pursuant to subsection (1), the Council may make it a condition of the registration or licence of the member or associate member that such costs be paid forthwith, or at such time and on such terms as the Council may fix.

(3) For the purpose of this Section, "costs of the Council" include

(a) expenses incurred by the College, the Council, the investigation committee and the hearing committee;

(b) honoraria paid to members of the investigation committee and the hearing committee; and

(c) solicitor and client costs and disbursements of the College relating to the investigation and hearing of the complaint.

APPEAL

68 (1) The member or associate member complained against may appeal on any point of law from the findings of the hearing committee to the Nova Scotia Court of Appeal.

(2) The notice of appeal shall be served upon the Registrar and the complainant.

(3) The record on appeal from the findings of a hearing committee shall consist of a copy of the transcript of the proceedings, the decision of the committee, and the evidence before the hearing committee certified by the chair of the hearing committee.

(4) The Civil Procedure Rules, governing appeals from the Supreme Court of Nova Scotia to the Nova Scotia Court of Appeal that are not inconsistent with this Act, shall apply mutatis mutandis to appeals to the Nova Scotia Court of Appeal pursuant to this Section.

(5) Where a matter is appealed to the Nova Scotia Court of Appeal pursuant to this Section, the Nova Scotia Court of Appeal has jurisdiction to, pending a decision by the Nova Scotia Court of Appeal, grant a stay of any order made pursuant to this Act, where in its discretion, it deems it fit.

REINSTATEMENT

69 (1) A person, whose licence or specialist's licence has been revoked by a resolution of a hearing committee pursuant to subclause 66(2)(e)(i), may apply to the Council for

(a) the entering of the person's name, address and qualifications on the Medical Register or Defined Register and, if applicable, the Medical Specialists Register;

(b) the issuance of a licence; and

(c) the issuance of a specialist's licence in any specialty in which the person held a specialist's licence at the time of such resolution of the hearing committee.

(2) An application pursuant to subsection (1) shall not be made earlier than

(a) two years after the revocation; and

(b) six months after the previous application.

(3) The Council, upon

(a) being satisfied that the interest of the public has been adequately protected;

(b) being satisfied as to the intention of such person to practise medicine in the Province;

(d) such person producing a letter of good standing from all jurisdictions in which the person had practised medicine since the date of such resolution of the hearing committee; and

(e) such person undergoing such clinical or other examinations as the Council may designate,

may direct the Registrar to

(f) enter the name, address and qualifications of such person in the Medical Register or Defined Register;

(g) issue a licence to such person; and

(h) enter the name, address, qualifications and specialties of such person in the Medical Specialists Register, and issue a specialist's licence to the person in any specialty in which the person held a specialist's licence at the time of the resolution of the hearing committee pursuant to subsection 62(12),

upon such terms and conditions as the Council may direct.

PEER ASSESSMENT

70 (1) In this Section and in Sections 71 and 80,

(a) "agreement" means an agreement among any or all of the Licensing Authorities or Medical Societies in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland referred to in subsection (3);

(b) "assessment" means an assessment pursuant to a peer assessment program established pursuant to this Section;

(d) "Licensing Authorities" means the College, the College of Physicians and Surgeons of New Brunswick, the College of Physicians and Surgeons of Prince Edward Island and the Newfoundland Medical Board, or their successors;

(e) "Medical Societies" means the Society, the New Brunswick Medical Society, the Medical Society of Prince Edward Island, Canadian Medical Association, Prince Edward Island Division and the Newfoundland Medical Association, or their successors.

(2) The Council shall establish a Peer Assessment Committee.

(3) The College may

(a) enter into an agreement with any or all of the other Licensing Authorities and Medical Societies for the establishment of a joint Peer Assessment Committee; and

(b) agree with the other Licensing Authorities and Medical Societies to amend the agreement from time to time.

(4) The agreement shall

(a) authorize the Peer Assessment Committee to do or cause to be done, on behalf of the parties, any or all such things as the parties thereto are otherwise empowered to do and deem necessary for the development and administration of a peer-assessment program;

(b) provide for the financing of the operations of the Peer Assessment Committee and for cost-sharing arrangements;

(d) provide for equal representation from each of the Licensing Authorities and Medical Societies which are signatories to the agreement;

(e) provide for the incorporation of the Peer Assessment Committee if considered advisable to achieve the objectives of the Committee; and

(f) contain such other provisions as may be necessary or desirable to provide for the administration of the Peer Assessment Committee and for its operations.

(5) The Peer Assessment Committee may appoint members of the College or persons licensed as medical practitioners in New Brunswick, Prince Edward Island or Newfoundland, or in other provinces of Canada, as assessors for the purposes of the application of the peer assessment program to members of the College.

(6) Subject to the approval of the Council, the Peer Assessment Committee shall develop and administer a peer-assessment program including

(a) the assessment of the standards of practice of members including, but not limited to,

(i) standards for the clinical assessment and care of patients, and

(ii) standards for the maintenance of records of care administered to patients;

(b) the selection and education of assessors;

(d) budgetary and expense arrangements;

(e) the preparation of assessment reports;

(f) the development of policy and procedures of the Peer Assessment Committee and their delegation to subcommittees, assessors or employees as the Committee deems appropriate; and

(g) such further activities, including the establishment of other committees or subcommittees, for the better administration of the peer assessment program.

(7) Every member whose standards of practice are the subject of an assessment shall co-operate fully with the Peer Assessment Committee and assessors.

(8) Without limiting the generality of the co-operation required by subsection (7), a member shall

(a) permit assessors to enter and inspect the premises where the member engages in the practice of medicine;

(b) permit the assessors to inspect the member's records of care administered to patients;

(c) provide to the Peer Assessment Committee and assessors, in the form required, information requested by the Committee or assessors, as the case may be, in respect of the clinical assessment and care of patients by the member or the member's records of care administered to patients;

(d) confer with the Peer Assessment Committee or assessors when required to do so by the Committee or assessors;

(e) permit the re-assessments the Peer Assessment Committee or assessors deem necessary for the proper administration of a peer-assessment program; and

(f) comply with the remedial recommendations of the Peer Assessment Committee.

(9) Upon completion of an assessment, an assessor shall report to the Peer Assessment Committee which may

(a) receive the report of the assessor and make no recommendations to the member assessed; or

(b) confer with the member assessed and make any remedial recommendations to the member as the Committee considers appropriate, and direct the member to comply with the recommendations.

(10) Costs incurred by the member in implementing the remedial recommendations made by the Committee shall be payable by the member and shall not be the responsibility of the Peer Assessment Committee, the Licensing Authorities or the Medical Societies.

(11) Where an assessor or a member of the Peer Assessment Committee learns, in the course of an assessment, that a member of the College may be guilty of a disciplinary matter, the assessment shall be terminated, the member shall be advised and the matter shall be referred to the College to be dealt with as a complaint.

(12) The assessor or a member of the Peer Assessment Committee shall not provide any information to the College except the information necessary to identify the nature of the complaint.

(13) Nothing in this subsection prevents any other person from providing evidence of a disciplinary matter relating to a member.

(14) Each year the Peer Assessment Committee shall prepare and publish a report on its activities for the preceding year.

71 (1) In this Section,

(a) "legal proceeding" means

(i) a proceeding in any court, including a proceeding for the imposition of punishment by fine, penalty or imprisonment to enforce an Act of the Legislature or a regulation made under that Act, or any civil proceeding, and

(ii) a disciplinary proceeding pursuant to this Act or pursuant to the governing legislation of any of the other Licensing Authorities;

(b) "witness" means any member or associate member or officer or employee of the College, any assessor or former assessor, and any other person who, in connection with, or in the course of, a legal proceeding is called upon to provide information, to answer, orally or in writing, a question, or to produce a document, whether under oath or not.

(2) A witness in a legal proceeding, whether a party or not, is excused from

(a) providing any information obtained by the witness in the course of or in relation to an assessment; and

(b) producing any document made by the Peer Assessment Committee, an assessor appointed under this Section, or any other document which was prepared pursuant to or in relation to an assessment.

(3) Subsection (2) does not apply to

(a) records maintained by hospitals as required by the Hospitals Act or regulations; or

(b) medical records maintained by attending physicians pertaining to a patient.

(4) Notwithstanding that a witness

(a) is or has been an assessor or a member of a subcommittee of;

(b) has participated in the activities of; or

the Peer Assessment Committee, the witness is not, subject to subsection (2), excused from answering any question or producing any document that the witness is otherwise bound to answer or produce.

(5) An assessor or a member of the Peer Assessment Committee shall not provide evidence against a member in a disciplinary matter with respect to information given by the member to the assessor or a member of the Peer Assessment Committee in the course of an assessment of the member unless the member has knowingly given false information during the assessment or the disciplinary matter.

(6) Nothing in subsection (5) prevents any other person from providing evidence against a member in a disciplinary matter with respect to the information given by the member in the course of the member's assessment.

72 Sections 48 to 69 and 73 to 82 and all regulations pursuant to this Act that are applicable to members of the College apply with all necessary modifications to former members, associate members and former associate members, unless otherwise expressly provided by this Act or the regulations.

EVIDENCE

73 A certificate purporting to be signed by the Registrar stating that any person named therein was or was not, on a specified day or during a specified period, registered and licensed, is prima facie evidence in any court of that fact without proof that the person signing it is the Registrar, or of the Registrar's signature.

74 The presence of the name of any person in a document purporting for any year to be an annual list published by the Registrar pursuant to Section 39 is prima facie evidence in any court of the fact that a person whose name so appears is or was registered and licensed at the time of publication of such annual list.

NOTICES

75 Service of any notice, order, resolution or other document pursuant to this Act or the regulations may be made

(a) upon a member or associate member by registered letter addressed to such person at the member or associate member's address as set forth in the register; and

(b) upon any other person by registered letter.

76 Where service is made by registered letter, service is deemed to be made on the third day after the notice, order, resolution or other document is mailed, and proof that the notice, order, resolution or other document was addressed and posted in accordance with Section 75 is proof of service.

77 Service of any document on the College may be made by service on the Registrar.

78 [Note: The Nova Scotia legislature passed the following amended version of section 78 on December 3, 1998]

A hospital shall report in writing to the Registrar any restriction, suspension, revocation or other change of, or failure to renew, the hospital privileges of a member or associate member of the College, including any resignation affecting those privileges, but not including

(a) an expansion of privileges; or

(b) a suspension of privileges pursuant to the by-laws of the hospital where the suspension is

(i) due solely to the failure of the member or associate member to complete a health record within a time provided for by or pursuant to the by-laws of the hospital,

(ii) automatic upon such a failure, and

(iii) automatically rescinded upon completion of the health record,

and shall include the reasons for such change in privileges

LIMITATIONS OF ACTIONS

79 Where

(a) a member or associate member of the College; or

(b) a physician or surgeon entitled to practise medicine in the Province, or any other province or country,

voluntarily renders first aid or emergency treatment without the expectation of monetary compensation to a person outside of a hospital or doctor's office, or in any other place not having proper and necessary medical facilities, that member, physician, surgeon, or person shall not be liable for the death of such person, or damages alleged to have been sustained by such person by reason of an act or omission in the rendering of such first aid or emergency treatment unless it is established that such injuries were, or such death was caused by conduct on the part of such member, associate member, physician, surgeon or person, that, if committed by a person of ordinary experience, learning and skill, would constitute negligence.

80 (1) No action for damages lies against the Licensing Authorities, Medical Societies or the Peer Assessment Committee, the Registrar, the College, an officer or employee of the Licensing Authorities, Medical Societies, the Peer Assessment Committee or the College, an assessor, a member of a committee or subcommittee of the Licensing Authorities, Medical Societies, the Peer Assessment Committee or the College, or a member of the Council or committee of the Council, or a member or associate member of the College

(a) for any act or failure to act, or any proceeding initiated or taken, in good faith under this Act, or in carrying out their duties or obligations as an officer, employee or member under this Act; or

(b) for any decision, order, or resolution made or enforced in good faith under this Act.

(2) No action lies against any person for the disclosure of any information, or any document or anything therein pursuant to this Act unless such disclosure is made with malice.

(3) Without limiting the generality of subsection (2), no action for damages lies against a member, associate member or other person for disclosing any books, records, papers, and other documents in their possession or control when done pursuant to this Act, including clause 53(8)(b).

GENERAL

81 (1) Subject to any publication bans, the College shall publish a hearing committee's decision or summary of the decision in its annual report and may publish the decision or summary in any other publication.

(2) Where the registration, licence, or specialist's licence, or both, of the member or associate member has been revoked or suspended or where conditions, limitations or restrictions are imposed on the license or specialist's licence of the member or associate member, the College shall place a notice in such publications as it deems necessary in order to inform the public.

82 All regulations made pursuant to this Act are regulations within the meaning of the Regulations Act.

83 (1) For greater certainty,

(a) a complaint made pursuant to the former Act shall continue to be proceeded with in accordance with this Act as nearly as circumstances permit; and

(b) in respect of that complaint, an inquiry committee appointed pursuant to the former Act is and is deemed to be an investigation committee appointed pursuant to this Act.

(2) Nothing in subsection (1) precludes a complaint made pursuant to the former Act being investigated by an investigation committee appointed pursuant to this Act and, in such case, an inquiry committee appointed pursuant to the former Act ceases to have any jurisdiction respecting that complaint.

84 (1) Upon the coming into force of this Act, any matter pending before a hearing committee appointed pursuant to the former Act shall, if not set down for a hearing to commence within sixty days of the coming into force of this Act, be transferred to a hearing committee appointed pursuant to this Act for hearing and determination but otherwise shall be heard and determined by a hearing committee appointed pursuant to the former Act.

(2) Notwithstanding subsection (1), the parties may agree that a matter pending be transferred to a hearing committee appointed pursuant to this Act.

(3) A hearing committee appointed pursuant to the former Act shall be continued until all matters pending before it at the coming into force of this Act and not transferred to a hearing committee appointed pursuant to this Act have been finally decided.

85 The former Act is repealed.

86 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.