Section 1 definition of "council" BEFORE repealed by 2002-15-9(a), effective December 31, 2002 (BC Reg 336/2002).
"council" means the Health Professions Council continued under section 2 (1) or a panel established as provided in section 4 (2) while conducting the business of the council;
Section 1 definition of "minister" was added by 2002-15-9(b), effective December 31, 2002 (BC Reg 336/2002).
Section 1 definitions of "certified non-registrant" "college website", "Health Professions Review Board" or "review board", and "restricted activity" were added by 2008-29-1(a), effective May 29, 2008 (Royal Assent).
Section 1 definition of "minister" BEFORE amended by 2008-29-1(b), effective May 29, 2008 (Royal Assent).
"minister" includes a person who, to carry out a power, duty or function described in sections 7 to 10,
(a) is employed in the minister's ministry, or
(b) is retained on behalf of the minister;
Section 1 definition of "health profession association" BEFORE amended by 2015-18-313, effective November 28, 2016 (BC Reg 216/2015).
"health profession association" means a society, as defined in the Society Act, whose members are persons practising a health profession;
Section 1 definitions of "board", "bylaw", "college", "discipline committee", "inquiry committee" and "registration committee" BEFORE amended by 2017-15-1, effective November 2, 2017 (Royal Assent).
"board" means the board established under section 17 (1) for a college;
"bylaw" means a bylaw for a college made under section 19 or 49;
"college" means, in relation to a designated health profession, its college established under section 15 (1);
"discipline committee" means the discipline committee for a college as established by a bylaw under section 19 (1) (t);
"inquiry committee" means the inquiry committee for a college as established by a bylaw under section 19 (1) (t);
"registration committee" means the registration committee for a college as established by a bylaw under section 19 (1) (t);
Section 1 definitions of "first board" and "quality assurance committee" were added by 2017-15-1, effective November 2, 2017 (Royal Assent).
Part 1, sections 2 to 6 BEFORE repealed by 2002-15-10, effective December 31, 2002 (BC Reg 336/2002).
Part 1 — Health Professions Council
Council continued
2 (1) The Heath Professions Council is continued consisting of 3 or more members appointed by the Lieutenant Governor in Council.
(2) An appointment under subsection (1) must be for a term not exceeding 3 years.
(3) A member of the council may be reappointed to the council.
(4) The Lieutenant Governor in Council may designate a chair and one or more vice chairs of the council from amongst the council members.
(5) A member of the council who resigns or whose appointment term has ended may
(a) continue to serve until a successor is appointed, and
(b) even if a successor is appointed, continue, in an investigation commenced under section 8 before the resignation or end of term, to serve as a member of the council for the purposes of sections 9 and 10.
Responsibilities of council
3 The council must
(a) consider applications for designation of a health profession received under section 7, and directions to investigate regarding designation of a health profession made under section 8, in accordance with sections 9 and 10,
(b) consider matters referred to it by the minister under section 25 in accordance with that section, and
(c) carry out other duties that the minister or Lieutenant Governor in Council may, by order, direct.
Conduct of council
4 (1) The council must meet
(a) as the chair considers necessary, or
(b) on the request of a majority of the members of the council.
(2) Subject to subsection (1), the council may make rules governing
(a) the calling and conduct of meetings of the council,
(b) the establishment of panels to conduct council business,
(c) the procedure to be followed by a panel in the conduct of council business,
(d) the quorum of the council or of a panel, and
(e) other matters relating to the business of the council.
Remuneration and reimbursement of council members
5 The members of the council may be paid, at rates in accordance with general directives of the Treasury Board,
(a) remuneration as set by the Lieutenant Governor in Council, and
(b) their reasonable and necessary travelling and out of pocket expenses incurred in carrying out their duties under this Act.
Immunity for acts or omissions in good faith
6 (1) No action for damages lies or may be brought against a member of the council or a person acting on behalf of or under the direction of the council because of anything done or omitted in good faith
(a) in the performance or intended performance of any duty under this Act or the regulations, or
(b) in the exercise or intended exercise of any power under this Act or the regulations.
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
Section 6.4 (2) (a) BEFORE amended by 2017-15-2, effective November 2, 2017 (Royal Assent).
(a) give, to each college established under this Act, reasonable notice of the matters to be discussed at a meeting of the panel, and
Section 7 BEFORE amended by 2002-15-11, effective December 31, 2002 (BC Reg 336/2002).
Application by health profession association for designation
7 (1) A health profession association seeking designation of its health profession under this Act must apply to the council.
(2) An application under subsection (1) must be in the form and contain the information required by the council and must be submitted with the prescribed fee.
(3) On receiving an application under subsection (1), the council may
(a) refuse the application without investigation,
(b) in accordance with section 10, recommend without investigation that the health profession be designated under this Act, or
(c) conduct an investigation as it considers necessary to determine whether the health profession should be designated under this Act.
Section 7 (2) BEFORE amended by 2008-29-3, effective May 29, 2008 (Royal Assent).
(2) An application under subsection (1) must be in the form and contain the information required by the minister and must be submitted with the prescribed fee.
Section 8 BEFORE amended by 2002-15-12, effective December 31, 2002 (BC Reg 336/2002).
8 The minister may, in the absence of an application under section 7 (1), direct the council to investigate a health profession to determine whether it should be designated under this Act.
Section 9 BEFORE amended by 2002-15-13, effective December 31, 2002 (BC Reg 336/2002 as amended by BC Reg 376/2002).
Investigation regarding possible designation
9 (1) If the council decides to conduct an investigation under section 7 (3) (c) or is directed to conduct an investigation under section 8 to determine whether a health profession should be designated under this Act, it must give public notice of the investigation in the Gazette.
(2) Without limiting an investigation under this Act, the council may do one or more of the following for the purposes of the investigation:
(a) require the health profession association to provide further information specified by the council;
(b) examine the directors and officers of the health profession association;
(c) seek the advice of other associations, organizations or persons;
(d) if the council considers the action to be in the best interests of the health profession association or the public, hold hearings the council considers necessary in a manner it determines;
(e) ascertain what services practitioners of the health profession provide to persons who require care and treatment within the scope of that health profession;
(f) evaluate the degree of risk to the health or safety of the public from incompetent, unethical or impaired practice of the health profession;
(g) evaluate the degree of supervision that may be necessary or desirable for a person practising the health profession;
(h) assess the degree of supervision that a person practising the health profession receives or is likely to receive with respect to that practice;
(i) ascertain what educational programs exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the health profession and evaluate the content of those programs;
(j) do other things that it considers necessary and incidental to the consideration of the application or matter before it.
(3) If the council holds a hearing under subsection (2) (d), it may order a person to attend at the hearing to give evidence and to produce records in the possession of or under the control of the person.
(4) On application by the council to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (3) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
(5) Subject to the regulations, the minister may charge to a health profession association part of the costs, including the administrative costs, incurred by the council to conduct an investigation regarding the health profession association's application under section 7 (1).
Section 9 (2) (part) BEFORE amended by 2017-15-3, effective November 2, 2017 (Royal Assent).
(2) Without limiting an investigation under this Act, the minister may do one or more of the following for the purposes of the investigation:
Section 10 BEFORE amended by 2002-15-13, effective December 31, 2002 (BC Reg 336/2002 as amended by BC Reg 376/2002).
Council recommendation to minister
10 (1) If the council receives an application under section 7 (1) or a direction under section 8, the council must determine whether it would be in the public interest to designate a health profession under this Act, having regard to the information obtained in any investigation conducted by the council and in accordance with the prescribed criteria, if any.
(2) If the council concludes under subsection (1) that, in the public interest, a health profession should not be designated, the council must recommend to the minister that designation be withheld and provide to the minister reasons for the recommendation.
(3) If the council determines that it would be in the public interest to designate a health profession under this Act, the council
(a) must recommend to the minister that the health profession be designated under this Act, and
(b) may recommend to the minister
(i) a name for the college established under section 15 (1) for the health profession,
(ii) one or more titles to be used exclusively by registrants,
(iii) services that may be performed by registrants,
(iv) limitations on the performance of services by registrants,
(v) services that must only be performed by registrants or performed by or under the supervision of registrants, and
(vi) services that may be performed by a registrant despite a limitation or prohibition under another Act.
Section 11 (c) BEFORE amended by 2002-15-14, effective December 31, 2002 (BC Reg 336/2002).
(c) criteria to be applied by the council under section 10 (1) in determining whether it would be in the public interest to designate a health profession under this Act.
Section 12 (3) BEFORE amended by 2003-57-2, effective December 12, 2003 (BC Reg 483/2003).
(3) Notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
Section 12 (1) BEFORE amended by 2008-29-4, effective May 29, 2008 (Royal Assent).
(1) The Lieutenant Governor in Council may, by regulation, designate a health profession.
Section 12 (2) (part) BEFORE amended by 2008-29-5(a), effective May 29, 2008 (Royal Assent).
(2) In respect of a designated health profession, the Lieutenant Governor in Council may, by regulation, prescribe the following:
Section 12 (2) (c) to (g) BEFORE amended by 2008-29-5(b), effective May 29, 2008 (Royal Assent).
(c) services that may be performed by registrants;
(d) limits or conditions on the services that may be performed by registrants;
(e) services that may be performed only by registrants;
(f) services that may be performed under the supervision of a registrant by a person who is not a registrant;
(g) services that may be performed by a registrant despite a limitation or prohibition under the regulations, the bylaws or another enactment;
Section 12 (2) (b.1), (g.1), (g.2) and (g.3) were added by 2008-29-5(c), effective May 29, 2008 (Royal Assent).
Section 12 (3) BEFORE amended by 2008-29-6, effective May 29, 2008 (Royal Assent).
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
Section 12 (2) (a) BEFORE amended by 2017-15-4, effective November 2, 2017 (Royal Assent).
(a) the name of the college established under section 15 (1) for the health profession;
Section 13 (2) (b) BEFORE amended by 2006-23-4(a), effective May 18, 2006 (Royal Assent).
(b) a person must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, he or she was a registrant entitled to perform the service.
Section 13 (3) (b) BEFORE amended by 2006-23-4(b), effective May 18, 2006 (Royal Assent).
(b) a person other than a registrant of the college must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, he or she was supervised by such a registrant.
Section 13 BEFORE amended by 2008-29-8(a), effective May 29, 2008 (Royal Assent).
Prohibitions regarding practice of designated health profession
13 (1) If a regulation under section 12 (2) (d) limits the services that may be performed in the course of practice of a designated health profession, a registrant must limit his or her practice of that designated health profession in accordance with the regulation.
(2) If a regulation under section 12 (2) (e) prescribes a service that may only be performed by a registrant of a particular college,
(a) a person other than a registrant of the college must not perform the service, and
(b) a person must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, the person was a registrant of the college or a corporation entitled to provide the services of a registrant of the college.
(3) If a regulation under section 12 (2) (f) prescribes a service that may only be performed by or under the supervision of a registrant of a particular college,
(a) a person other than a registrant of the college must not perform the service unless he or she does so under the supervision of such a registrant, and
(b) a person other than a registrant of the college or a corporation entitled to provide the services of a registrant of the college must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, the person performing the service was supervised by such a registrant.
(4) A person other than a registrant of a college must not use a name, title, description or abbreviation in any manner that expresses or implies that he or she is a registrant or is associated with the college.
Section 13 (2) (a) BEFORE amended by 2008-29-8(b), effective May 29, 2008 (Royal Assent).
(a) a person other than a registrant of the college must not perform the service, and
Section 13 (3) (a) BEFORE amended by 2008-29-8(b), effective May 29, 2008 (Royal Assent).
(a) a person other than a registrant of the college must not perform the service unless he or she does so under the supervision of such a registrant, and
Section 13 (2) (b) BEFORE amended by 2008-29-8(c), effective May 29, 2008 (Royal Assent).
(b) a person must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, the person was a registrant of the college or a corporation entitled to provide the services of a registrant of the college.
Section 13 (3) (b) BEFORE amended by 2008-29-8(c) and (d), effective May 29, 2008 (Royal Assent).
(b) a person other than a registrant of the college or a corporation entitled to provide the services of a registrant of the college must not recover any fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, the person performing the service was supervised by such a registrant.
Section 13 (4) BEFORE repealed by 2008-29-8(e), effective May 29, 2008 (Royal Assent).
(4) A person other than a registrant of a college must not use a name, title, description or abbreviation in any manner that expresses or implies that he or she is a registrant or is associated with the college.
Section 14 (a) BEFORE amended by 2013-13-24, effective April 1, 2013 (BC Reg 145/2013).
(a) practising a profession, discipline or other occupation in accordance with this or another Act, or
Section 15 (4) BEFORE amended by 2003-70-165, effective March 29, 2004 (BC Reg 64/2004).
(4) The Company Act does not apply to a college unless the Lieutenant Governor in Council, by order, provides that specified provisions of that Act apply to the college, in which case the specified provisions apply.
Section 15 (2) (a) BEFORE amended by 2006-23-6, effective May 18, 2006 (Royal Assent).
(2) A college established under subsection (1) is a corporation consisting of
(a) the members of the board appointed under section 17 (2) (a), until the first elections to the board referred to in section 17 (3) (a), and
(b) the persons who are registrants of the college.
Section 15 (3) BEFORE amended by 2008-29-9(a), effective May 29, 2008 (Royal Assent).
(3) For the purposes of this Act, the regulations and its bylaws, a college may acquire, hold and dispose of land and other property.
Section 15 (3.1) BEFORE repealed by 2008-29-9(a), effective May 29, 2008 (Royal Assent).
(3.1) A college may borrow or raise money, or guarantee or secure the payment of money, for the purposes of this Act.
Section 15 (4) BEFORE amended by 2008-29-9(b), effective May 29, 2008 (Royal Assent).
(4) The Business Corporations Act does not apply to a college unless the Lieutenant Governor in Council, by order, provides that specified provisions of that Act apply to the college, in which case the specified provisions apply.
Section 15 (1) and (2) BEFORE amended by 2017-15-5, effective November 2, 2017 (Royal Assent).
(1) A college is established for a health profession on designation of the health profession under section 12 (1).
(2) A college established under subsection (1) is a corporation consisting of
(a) the members of the board appointed under section 17 (2) (a), until the first election to the board referred to in section 17 (3), and
Section 15.1 (part) [subsections (1) and (5)] were enacted by 2006-23-7, effective March 1, 2009 (BC Reg 420/2008).
Section 15.1 (5) BEFORE repealed by 2017-15-6, effective November 2, 2017 (Royal Assent).
(5) This Act applies to a college continued under this section as though the college were established under section 15 (1).
Section 16 (2) (c) BEFORE amended by 2003-57-5, effective December 12, 2003 (BC Reg 483/2003).
(c) to establish, monitor and enforce standards of education and qualifications for registration of registrants;
Section 16 (2) (i) and (j) BEFORE amended by 2007-14-121, effective December 1, 2007 (BC Reg 354/2007).
(i) to inform individuals of their rights under this Act, the regulations and the bylaws of the college and the Freedom of Information and Protection of Privacy Act;
(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred by this Act, the regulations or the bylaws.
Section 16 (2) (b) BEFORE amended by 2008-29-10(a), effective May 29, 2008 (Royal Assent).
(b) to govern registrants according to this Act, the regulations and the bylaws of the college;
Section 16 (2) (c) BEFORE amended by 2008-29-10(b), effective May 29, 2008 (Royal Assent).
(c) to establish standards of academic or technical achievement and the qualifications required for registration as a member of the college;
Section 16 (2) (j) BEFORE amended by 2008-29-10(e), effective May 29, 2008 (Royal Assent).
(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred under this Act.
Section 16 (2) (k) (i) BEFORE amended by 2017-15-7, effective November 2, 2017 (Royal Assent).
(i) collaborative relations with other colleges established under this Act, regional health boards designated under the Health Authorities Act and other entities in the Provincial health system, post-secondary education institutions and the government;
Section 17 (5) BEFORE amended by 2003-57-6, effective March 9, 2006 (BC Reg 39/2006).
(5) A member of a board who resigns or whose appointment term has ended may
(a) continue to serve until a successor is appointed, and
(b) even if a successor is appointed, continue to serve as a member of a committee established under section 19 (1) (t) to complete work of the committee that began before the resignation or end of term.
Section 17 (2) (a) BEFORE amended by 2006-23-8(a), effective May 18, 2006 (Royal Assent).
(a) appoint persons to the first board for a college, who hold office until the time at which the board members referred to in subsection (3) (a) are first elected, and
Section 17 (3) BEFORE amended by 2006-23-8(b), effective May 18, 2006 (Royal Assent).
(3) Following the first election referred to in subsection (2) respecting a college, the board for the college consists of
(a) not fewer than 3 registrants elected in accordance with the bylaws, and
(b) not fewer than 2 persons appointed by the minister.
Section 17 (4) (b) BEFORE amended by 2006-23-8(c), effective May 18, 2006 (Royal Assent).
(b) must not be more than the number of persons elected under subsection (3) (a).
Section 17 (2) (part) BEFORE amended by 2008-29-11, effective May 29, 2008 (Royal Assent).
(2) The minister must
Section 17 (3) (a.1) BEFORE amended by 2008-29-12(a), effective May 29, 2008 (Royal Assent).
(a.1) the non-registrants described in section 19 (1) (l.2) elected in accordance with the bylaws;
Section 17 (3) (a.2) BEFORE amended by 2008-29-12(b), effective May 29, 2008 (Royal Assent).
(a.2) the non-registrants described in section 19 (1) (l.2) appointed by the board in accordance with the bylaws;
Section 17 (3) (b) BEFORE amended by 2008-29-12(c), effective May 29, 2008 (Royal Assent).
(b) not fewer than 2 persons appointed by the minister.
Section 17 BEFORE amended by 2017-15-8, effective November 2, 2017 (Royal Assent).
Board for health profession college
17 (1) For each college established under section 15, there is a board.
(2) The minister must, by order,
(a) appoint persons to the first board for a college, who hold office until the time at which the board members referred to in subsection (3) (a) and (a.1) are first elected, and
(b) specify the date on or before which the first election referred to in paragraph (a) must be held.
(3) Following the first election referred to in subsection (2) respecting a college, the board for the college consists of the following:
(a) not fewer than 3 registrants elected in accordance with the bylaws;
(a.1) the certified non-registrants elected in accordance with the bylaws;
(a.2) the certified non-registrants appointed by the board in accordance with the bylaws;
(b) not fewer than 2 persons appointed by order of the minister.
(4) The number of persons appointed under subsection (3) (b)
(a) must not be less than 1/3 of the total board membership, and
(b) must not be more than the total number of persons elected or appointed under subsection (3) (a) to (a.2).
(5) A member of a board who has resigned or whose appointment or term of office has expired may, even if a successor is appointed or elected, continue to serve as a member of a committee established under section 19 (1) (t) to complete work of the committee that began before the resignation or expiry.
(6) Persons appointed by the minister under subsection (2) (a) or (3) (b) need not be registrants or eligible to be registrants.
Section 17.2 (1) BEFORE amended by 2008-29-14(a), effective May 29, 2008 (Royal Assent).
(1) A board may appoint an executive committee to exercise the powers and perform the duties and functions of the board that are specified in the bylaws.
Section 17.2 (3) BEFORE amended by 2008-29-14(b), effective May 29, 2008 (Royal Assent).
(3) A reference in this Act or the bylaws to a board includes reference to its executive committee if the board has specified under subsection (1) that the executive committee is to exercise the power or perform the duty or function covered by the reference.
Section 18 (2) BEFORE amended by 2008-29-15(a), effective May 29, 2008 (Royal Assent).
(2) A board must submit an annual report respecting its college, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the college.
Section 18.1 (3) BEFORE amended by 2007-9-120, effective June 21, 2007 (BC Reg 226/2007).
(3) A person appointed under subsection (1) has the power, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Section 18.1 (2) BEFORE amended by 2007-14-122, effective December 1, 2007 (BC Reg 354/2007).
(2) Subsection (1) includes inquiry into an exercise of a power or a performance of a duty, or the failure to exercise a power or perform a duty, under this Act, the regulations or the bylaws of a college or its board.
Section 18.2 (2) (a) BEFORE amended by 2007-14-123, effective December 1, 2007 (BC Reg 354/2007).
(a) may require the board to exercise the powers or perform the duties or functions of the board under this Act, the regulations or the bylaws of the college to address the issues that were the subject of the inquiry under section 18.1,
Section 18.2 (1) BEFORE amended by 2008-29-16(a), effective May 29, 2008 (Royal Assent).
(1) On the completion of an inquiry under section 18.1, the Lieutenant Governor in Council may issue a directive to the board concerning which the inquiry was conducted.
Section 18.2 (2) (a) BEFORE amended by 2008-29-16(b), effective May 29, 2008 (Royal Assent).
(a) may require the board to exercise the powers or perform the duties or functions of the board under this Act to address the issues that were the subject of the inquiry under section 18.1,
Section 18.2 (2) (b) (i) BEFORE amended by 2008-29-16(c), effective May 29, 2008 (Royal Assent).
(i) adopt a standard, limit or condition under section 19 (1) (k), (l), (l.4), (m) or (n) in a form specified by the directive, or
Section 18.2 (2) (b) (i) BEFORE amended by BC Reg 262/2014 under RS1996-440-12, effective December 22, 2014 (BC Reg 262/2014).
(i) adopt a standard, limit or condition under section 19 (1) (k), (l) or (1.3) in a form specified by the directive, or
Section 19 (1) (d), (e), (g) BEFORE amended by 2003-57-9, effective December 12, 2003 (BC Reg 483/2003).
(d) establish the quorum for meetings of the board and general meetings of registrants;
(e) establish the terms of office of elected members of the board and the manner in which the vacancies on the board may be filled;
(g) provide for the appointment, removal, functions, duties and remuneration of officers, employees and agents of the college;
Section 19 (1) (h) BEFORE repealed by 2003-57-9, effective December 12, 2003 (BC Reg 483/2003).
(h) provide for the appointment of an auditor;
Section 19 (1) (i), (j) BEFORE amended by 2003-57-9, effective December 12, 2003 (BC Reg 483/2003).
(i) establish classes of registrants;
(j) establish requirements for the registration of persons practising the designated health profession;
Section 19 (1) (k.1) to (k.5) were added by 2003-57-9, effective December 12, 2003 (BC Reg 483/2003).
Section 19 (1) (l), (m) and (n) BEFORE amended by 2003-57-9, effective December 12, 2003 (BC Reg 483/2003).
(l) establish standards of professional ethics for registrants;
(m) establish standards of education for registrants;
(n) establish requirements for continuing education for registrants;
Section 19 (1) (u) (i) and (ii) BEFORE amended by 2003-57-9, effective December 12, 2003 (BC Reg 483/2003).
(i) the appointment and removal of committee members;
(ii) procedures to be followed by the committee;
Section 19 (1) (v.1), (w.1), (x.1), (y.1) to (y.4) were added by 2003-57-9, effective December 12, 2003 (BC Reg 483/2003).
Section 19 (1.1) to (1.4) and (6.1) were added by 2003-57-10, effective December 12, 2003 (BC Reg 483/2003).
Section 19 (3) BEFORE amended by 2003-57-10, effective December 12, 2003 (BC Reg 483/2003).
(3) A bylaw under subsection (1) has no effect until it is approved by the Lieutenant Governor in Council.
Section 19 (7) BEFORE amended by 2003-57-10, effective December 12, 2003 (BC Reg 483/2003).
(7) A bylaw may not be made, amended or repealed under subsection (3) or (6) unless notice of the proposed bylaw, amendment or repeal is given to the college of each health profession prescribed for the purposes of this subsection
Section 19 (1) (w.1) BEFORE amended by 2004-51-18(b), effective May 20, 2004 (Royal Assent).
(w.1) establish a tariff of costs to partially indemnify parties for their expenses incurred in the preparation for and conduct of hearings under section 39, other than for investigations under section 33;
Section 19 (3.1) BEFORE amended by 2004-51-19, effective May 20, 2004 (Royal Assent).
(3.1) A bylaw under subsection (1) (b), (c), (d), (f), (g), (h), (k), (l), (l.6), (p), (q), (v.1) or (w.1) has no effect until it is deposited with the minister.
Section 19 (1) (l.1) BEFORE amended by 2006-23-9(a), effective May 18, 2006 (Royal Assent).
(l.1) establish requirements for the certification of non-registrants with the college;
Section 19 (1) (l.8) BEFORE amended by 2006-23-9(b), effective May 18, 2006 (Royal Assent).
(l.8) provide that non-registrants described in paragraph (l.2) may be appointed or elected as members of the board with or without voting rights on the board;
Section 19 (1) (y.2) (i) BEFORE repealed by 2006-23-9(b), effective May 18, 2006 (Royal Assent).
(y.2) allow the board
(i) to elect that sections 20.2 and 20.3 apply respecting its college, or
(ii) to act under section 39 (2) to (8) as if it were the discipline committee;
Section 19 (1) (1.9), (1.91), (1.92), (u.1), (y.5) and (y.6) were added by 2006-23-9(c), effective May 18, 2006 (Royal Assent).
Section 19 (1.2) BEFORE amended by 2006-23-9(d), effective May 18, 2006 (Royal Assent).
(1.2) A bylaw made under subsection (1) (u) must not delegate to a committee the power to make bylaws.
Section 19 (2) BEFORE amended by 2006-23-9(e), effective May 18, 2006 (Royal Assent).
(2) Provisions in a bylaw under subsection (1) may be different for different classes of registrants.
Section 19 (3) BEFORE amended by 2006-23-9(f), effective May 18, 2006 (Royal Assent).
(3) A bylaw under subsection (1) (a), (e), (i), (j), (k.1), (k.2), (k.3), (k.4), (k.5), (l.1), (l.2), (l.3), (1.4), (l.5), (m), (m.1), (n), (o), (r), (s), (t), (u), (v), (w), (x), (x.1), (y), (y.1), (y.2), (y.3), (y.4) or (z) has no effect until it is approved by the Lieutenant Governor in Council.
Section 19 (3.1) BEFORE amended by 2006-23-9(g), effective May 18, 2006 (Royal Assent).
(3.1) A bylaw under subsection (1) (b), (c), (d), (f), (g), (k), (l), (l.6), (p), (q), (v.1) or (w.1) has no effect until it is deposited with the minister.
Section 19 (1) (w) BEFORE amended by 2004-51-18(a), effective July 13, 2006 (BC Reg 208/2006).
(w) establish the maximum fine that the discipline committee may impose under section 39 (1) (f);
Section 19 (1) (part) BEFORE amended by 2008-29-17(a), effective May 29, 2008 (Royal Assent).
(1) A board may, by bylaw for its college, do the following:
Section 19 (1) (b) BEFORE amended by 2008-29-17(b), effective May 29, 2008 (Royal Assent).
(b) establish the time, manner and procedure for the election of registrants to the board under section 17 (3) (a);
Section 19 (1) (g) BEFORE amended by 2008-29-17(c), effective May 29, 2008 (Royal Assent).
(g) provide for the appointment, removal, functions and duties of officers of the college;
Section 19 (1) (i) BEFORE amended by 2008-29-17(d), effective May 29, 2008 (Royal Assent).
(i) establish classes of registrants and specify if members of a class are eligible to vote in an election referred to in section 17 (3) (a) or to be elected under section 17 (3) (a);
Section 19 (1) (j) BEFORE repealed by 2008-29-17(e), effective May 29, 2008 (Royal Assent).
(j) establish requirements for the registration of a person as a member of the college;
Section 19 (1) (k.1) BEFORE amended by 2008-29-17(g), effective May 29, 2008 (Royal Assent).
(k.1) establish aspects of practice that a registrant either may or must not
(i) delegate to a non-registrant to perform, or
(ii) authorize a non-registrant to perform under the supervision of a registrant;
Section 19 (1) (k.2) BEFORE amended by 2008-29-17(h), effective May 29, 2008 (Royal Assent).
(k.2) establish a quality assurance program;
Section 19 (1) (k.5) (ii) BEFORE amended by 2008-29-17(i), effective May 29, 2008 (Royal Assent).
(ii) in allowing another member of the college to use the suspended registrant's premises,
Section 19 (1) (l.1) to (l.4) BEFORE amended by 2008-29-17(j), effective May 29, 2008 (Royal Assent).
(l.1) establish requirements for the certification of non-registrants described in paragraph (l.2) with the college;
(l.2) establish classes of non-registrants to whom registrants may delegate aspects of practice or who may be authorized to perform aspects of practice in accordance with a bylaw made under paragraph (k.1);
(l.3) establish training and educational requirements for non-registrants described by paragraph (l.2);
(l.4) establish standards, limits or conditions respecting the aspects of practice which may be performed by non-registrants described by paragraph (l.2);
Section 19 (1) (l.5) BEFORE repealed by 2008-29-17(j), effective May 29, 2008 (Royal Assent).
(l.5) establish requirements for renewal, suspension, cancellation and reinstatement of non-registrants described in paragraph (l.2);
Section 19 (1) (l.6) BEFORE amended by 2008-29-17(k), effective May 29, 2008 (Royal Assent).
(l.6) establish fees payable to the college by non-registrants described in paragraph (l.2);
Section 19 (1) (l.7) BEFORE amended by 2008-29-17(l), effective May 29, 2008 (Royal Assent).
(l.7) specify that Part 3 applies to non-registrants described in paragraph (l.2), and former such non-registrants, as though they were registrants;
Section 19 (1) (l.9) BEFORE amended by 2008-29-17(m), effective May 29, 2008 (Royal Assent).
(l.9) establish the time, manner and procedure for
(i) the election of non-registrants to the board under section 17 (3) (a.1), and
(ii) the selection and appointment of non-registrants to the board under section 17 (3) (a.2);
Section 19 (1) (l.9) (i) BEFORE amended by 2008-29-17(n), effective May 29, 2008 (Royal Assent).
(i) the election of non-registrants to the board under section 17 (3) (a.1), and
Section 19 (1) (l.91) (part) BEFORE amended by 2008-29-17(o), effective May 29, 2008 (Royal Assent).
(l.91) specify whether members of a class of non-registrants established under paragraph (l.2) are eligible
Section 19 (1) (l.92) BEFORE amended by 2008-29-17(p), effective May 29, 2008 (Royal Assent).
(l.92) establish forms for the purposes of the bylaws and require use of the forms by non-registrants described in paragraph (l.2);
Section 19 (1) (m) and (m.1) BEFORE amended by 2008-29-17(q), effective May 29, 2008 (Royal Assent).
(m) establish standards of academic or technical achievement and the qualifications required for registration as a member of the college;
(m.1) provide that an academic or technical program specified by a committee established under paragraph (t) meets a standard established under paragraph (m);
Section 19 (1) (o) BEFORE amended by 2008-29-17(r), effective May 29, 2008 (Royal Assent).
(o) establish requirements for maintenance of professional liability insurance coverage by registrants;
Section 19 (1) (r) BEFORE amended by 2008-29-17(t), effective May 29, 2008 (Royal Assent).
(r) establish requirements for renewal, suspension, cancellation and reinstatement of the registration of persons practising the designated health profession, including providing for the suspension or cancellation of the registration of a registrant for late payment or non-payment of fees;
Section 19 (1) (s) BEFORE amended by 2008-29-17(u), effective May 29, 2008 (Royal Assent).
(s) regulate and prohibit advertising or types of advertising by registrants;
Section 19 (1) (u) (ii) and (iii) BEFORE amended by 2008-29-17(w), effective May 29, 2008 (Royal Assent).
(ii) procedures to be followed by the committee including the quorum for the committee;
(iii) the duties and powers of the committee;
Section 19 (1) (u.1) BEFORE amended by 2008-29-17(x), effective May 29, 2008 (Royal Assent).
(u.1) specify the powers, duties and functions of the board that an executive committee appointed under section 17.2 (1) may exercise or perform on behalf of the board;
Section 19 (1) (y.3) BEFORE amended by 2008-29-17(y), effective May 29, 2008 (Royal Assent).
(y.3) allow a committee other than the inquiry committee to make a determination under section 33 and to assume all of the powers, duties and functions of the inquiry committee set out in sections 27 to 37;
Section 19 (2) BEFORE amended by 2008-29-18(a), effective May 29, 2008 (Royal Assent).
(2) Provisions in a bylaw under subsection (1) may be different for different classes of non-registrants described in subsection (1) (l.2) or registrants.
Section 19 (3) to (3.2) BEFORE amended by 2008-29-18(b), effective May 29, 2008 (Royal Assent).
(3) A bylaw under subsection (1) (a), (e), (i), (j), (k.1), (k.2), (k.3), (k.4), (k.5), (l.1), (l.2), (l.3), (1.4), (l.5), (l.7), (l.8), (l.91), (m), (m.1), (n), (o), (r), (s), (t), (u), (v), (w), (x), (x.1), (y), (y.1), (y.2), (y.3), (y.4), (y.5) or (y.6) has no effect until it is approved by the Lieutenant Governor in Council.
(3.1) A bylaw under subsection (1) (b), (c), (d), (f), (g), (k), (l), (l.6), (l.9), (l.92), (p), (q), (u.1), (v.1), (w.1) or (z) has no effect until it is deposited with the minister.
(3.2) A bylaw made under subsection (1) must be available for inspection by registrants and the public at the office of the college and electronically on the college website.
Section 19 (4) (part) BEFORE amended by 2008-29-18(c), effective May 29, 2008 (Royal Assent).
(4) The Lieutenant Governor in Council must not approve a bylaw made under subsection (1) unless satisfied that appropriate provision has been made respecting the following:
Section 19 (6) BEFORE amended by 2008-29-18(d), effective May 29, 2008 (Royal Assent).
(6) If a board does not comply with a request under subsection (5) within 60 days after the date of the request, the Lieutenant Governor in Council may amend or repeal the existing bylaw for the college or make the new bylaw for the college in accordance with the request.
Section 19 (6.1) BEFORE amended by 2008-29-18(e), effective May 29, 2008 (Royal Assent).
(6.1) A bylaw under subsection (1) (k), (l), (l.4), (m) or (n) must not be altered under subsection (6).
Section 19 (7) BEFORE amended by 2008-29-18(g), effective May 29, 2008 (Royal Assent).
(7) A bylaw, other than a bylaw referred to in subsection (3.1), may not be made, amended or repealed under subsection (1) or (6) unless notice of the proposed bylaw, amendment or repeal is given to the college of each health profession prescribed for the purposes of this subsection
(a) at least 3 months before the bylaw, amendment or repeal comes into force, or
(b) within a period, shorter than that set out in paragraph (a), that the minister specifies as appropriate in the circumstances.
Section 19 (9) BEFORE amended by 2008-29-18(h), effective May 29, 2008 (Royal Assent).
(9) A board must maintain a complete and accurate record of the bylaws that are in effect for its college and must provide a copy of those bylaws to each registrant.
Section 19 (1) (y.5) and (y.6) BEFORE amended by 2008-29-17(z), effective March 16, 2009 (BC Reg 396/2008).
(y.5) elect that sections 20.2 and 20.3 apply respecting its college;
(y.6) if the board elects under paragraph (y.5) that sections 20.2 and 20.3 apply respecting its college, establish
(i) procedures for an application for review under section 20.2, and
(ii) the practice and procedure for proceedings before the board under section 20.2, which may provide for oral or written hearings;
Section 19 (1.1) BEFORE amended by 2006-23-10, effective June 1, 2009 (BC Reg 423/2008).
(1.1) A board may only do the things described in subsection (1), except subsection (1) (k), (l) or (z), by bylaw.
Section 19 (2.1) BEFORE amended by 2009-22-92(a), effective October 29, 2009 (Royal Assent).
(2.1) A bylaw under subsection (1) (f) or (l.92) may authorize the registrar to establish, by bylaw, forms for the purposes of the bylaws, and to require the use of the forms by registrants or certified non-registrants, as the case may be.
Section 19 (3.2) (part) BEFORE amended by 2009-22-92(b), effective October 29, 2009 (Royal Assent).
(a) disallow the bylaw or a portion of the bylaw, except for a bylaw or a portion of a bylaw made under subsection (1) (k), (l) or (l.4), or
Section 19 (1) (y.8) (ii) BEFORE amended by BC Reg 18/10 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(ii) terms to which section 52.1 applies, including abbreviations of those terms or equivalents of those terms in another language.
Section 19 (1) (o) BEFORE amended by 2010-6-152(a), effective June 3, 2010 (Royal Assent).
(o) establish requirements respecting maintenance of professional liability insurance coverage by registrants;
Section 19 (1) (y.2) (ii) BEFORE amended by 2010-6-152(b), effective June 3, 2010 (Royal Assent).
(ii) to act under section 39 (2) to (8) as if it were the discipline committee;
Section 19 (6.1) BEFORE amended by BC Reg 262/2014 under RS1996-440-12, effective December 22, 2014 (BC Reg 262/2014).
(6.1) A bylaw under subsection (1) (k), (l) or (1.3) must not be altered under subsection (6).
Section 20 (3) BEFORE amended by 2002-52-37, effective July 15, 2002 (BC Reg 173/2002).
(3) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the registration committee must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the applicant.
Section 20 (1) BEFORE amended by 2003-57-11(a), effective June 1, 2004 (BC Reg 224/2004).
(1) The registration committee is responsible for granting registration of a person as a member of its college.
Section 20 (4) BEFORE amended by 2003-57-11(c), effective June 1, 2004 (BC Reg 224/2004).
(4) A person whose application for registration as a member of a college is refused by the registration committee may appeal the refusal to the Supreme Court and, for this purpose, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
Section 20 (4) BEFORE amended by 2006-23-11, effective May 18, 2006 (Royal Assent).
(4) If a bylaw under section 19 (1) (y.2) makes sections 20.2 and 20.3 apply to a college, sections 20.2 and 20.3 apply to a person whose application for registration as a member of the college is refused by the registration committee.
Section 20 (2) (part) BEFORE amended by 2008-29-19(a), effective May 29, 2008 (Royal Assent).
(2) The registration committee must grant registration in its college to every person who, in accordance with the requirements of the bylaws,
Section 20 (2) (b) BEFORE amended by 2008-29-19(b), effective May 29, 2008 (Royal Assent).
(b) satisfies the registration committee that he or she is qualified to be a registrant, and
Section 20 (2.1) (part) BEFORE amended by 2008-29-19(c), effective May 29, 2008 (Royal Assent).
(2.1) Despite subsection (2), the registration committee may refuse to grant registration, may grant registration for a limited period or may attach terms and conditions to the grant of registration if the registration committee determines, after giving the person an opportunity to be heard, that
Section 20 (2.1) (a) BEFORE amended by 2008-29-19(d), effective May 29, 2008 (Royal Assent).
(a) the person's entitlement to practise the health profession has been cancelled or suspended at some time in British Columbia or in another jurisdiction,
Section 20 (2.1) (b) BEFORE amended by 2008-29-19(e), effective May 29, 2008 (Royal Assent).
(b) an investigation, review or other proceeding is under way in British Columbia or in another jurisdiction that could result in the person's entitlement to practise the health profession being cancelled or suspended, or
Section 20 (3) BEFORE amended by 2008-29-19(g), effective May 29, 2008 (Royal Assent).
(3) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the registration committee must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the applicant.
Section 20 (4) BEFORE repealed by 2008-29-19(h), effective May 29, 2008 (Royal Assent).
(4) If a bylaw under section 19 (1) (y.5) makes sections 20.2 and 20.3 apply to a college, sections 20.2 and 20.3 apply to a person whose application for registration as a member of the college is refused by the registration committee.
Section 20 (4.1) BEFORE amended by 2008-29-19(h), effective May 29, 2008 (Royal Assent).
(4.1) If sections 20.2 and 20.3 do not apply to a college, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to allow a person whose application for registration as a member of the college is refused to appeal the refusal.
Section 20 (5) BEFORE amended by 2008-29-19(i), effective May 29, 2008 (Royal Assent).
(5) A person must not apply for registration or continue to be registered as a member of a college if that person knows that he or she is not qualified to be a registrant.
Section 20 (4.1) BEFORE amended by 2009-20-17, effective October 29, 2009 (Royal Assent).
(4.1) A person whose application for registration as a member of a college is
(a) refused under subsection (2.1) or (3),
(b) granted under subsection (2.1) for a limited period or with limits or conditions imposed on the practice of the designated health profession by the person, or
(c) granted under subsection (3) with limits or conditions imposed on the practice of the designated health profession by the person
may appeal the decision of the registration committee to the Supreme Court, and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this subsection.
Section 20 (2.1) (b) BEFORE amended by BC Reg 18/10 under RS1996-440-12 effective January 15, 2010 (BC Reg 18/2010).
(b) an investigation, review or other proceeding is under way in British Columbia or in another province or a foreign jurisdiction that could result in the person's entitlement to practise a health profession being cancelled or suspended
Section 20 (3) BEFORE amended 2013-8-52, effective November 30, 2013 (BC Reg 214/2013).
(3) Despite subsection (2), if a person applying for registration fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that a person applying for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the registration committee must take the failure or the determination into account when deciding whether to grant registration to the person or whether to impose limits or conditions on the practice of the designated health profession by the person.
Section 20 (2.1) (b) BEFORE amended by 2016-5-46,Sch 8, effective March 10, 2016 (Royal Assent)
(b) an investigation, review or other proceeding is under way in British Columbia or in another province or a foreign jurisdiction that could result in the person's entitlement to practise a health profession being cancelled or suspended,
Section 20.1 was enacted by 2003-57-12, effective June 1, 2004 (BC Reg 224/2004).
Note: substitution was made by (2004-12-6(b)), effective March 31, 2004 (Royal Assent).
Section 20.1 BEFORE amended by 2006-23-12, effective May 18, 2006 (Royal Assent).
20.1 Sections 20.2 and 20.3 only apply respecting a college if they are made applicable by a bylaw in force under section 19 (1) (y.2) (i).
Section 20.2 (6) BEFORE repealed by 2006-23-13, effective May 18, 2006 (Royal Assent).
(6) The board may make bylaws establishing
(a) procedures for an application for review under this section, and
(b) the practice and procedure for proceedings before the board under this section, which may provide for oral or written hearings.
Section 20.2 BEFORE repealed by 2008-29-21, effective March 16, 2009 (BC Reg 396/2008).
Review on the record
20.2 (1) An applicant for registration may apply in writing to the board for a review on the record if their application for registration under section 20 (2) is refused by the registration committee.
(2) An application must be made under subsection (1) within 30 days of the day on which the person received notice of the refusal by the registration committee.
(3) On receipt of an application under subsection (1), the board must conduct a review on the record.
(4) If, in the opinion of the board, there are special circumstances, the board may hear evidence that is not part of the record.
(5) After a hearing under this section, the board may
(a) confirm the decision of the registration committee under review,
(b) substitute a decision that could have been made by the registration committee in the matter, or
(c) send the matter back to the registration committee with directions.
(6) [Repealed 2006-23-13.]
Section 20.3 BEFORE repealed by 2008-29-21, effective March 16, 2009 (BC Reg 396/2008).
Appeal from a review on the record
20.3 (1) An applicant for registration who is aggrieved or adversely affected by the board's action under section 20.2 (5) may appeal to the Supreme Court.
(2) An appeal under this section must be brought within 30 days after written notice of the board's action under section 20.2 (5) is received by the person bringing the appeal.
(3) Section 40 (3) to (10) applies to an appeal under this section as though the board's action were the decision of the discipline committee referred to in section 40.
Section 20.4 (2) (b) BEFORE amended by 2008-12-31, effective May 1, 2008 (Royal Assent).
(b) entering into information sharing agreements, as defined in section 69 (1) of the Freedom of Information and Protection of Privacy Act to allow the release of information about a registrant to a governing body, including information about practice restrictions, complaints, competency and discipline.
Section 20.4 (1) BEFORE amended by 2008-29-22(a), effective May 29, 2008 (Royal Assent).
(1) In this section, "governing body" means the governing body of a health profession in another province or a foreign jurisdiction.
Section 20.4 (2) (part) BEFORE amended by 2008-29-22(b), effective May 29, 2008 (Royal Assent).
(2) A board may promote cooperation with governing bodies for a corresponding health profession by doing one or more of the following:
Section 20.4 (2) (a) BEFORE amended by 2008-29-22(c), effective May 29, 2008 (Royal Assent).
(a) entering into agreements with one or more governing bodies concerning the interjurisdictional practice of the health profession;
Section 20.4 (2) (b) BEFORE amended by 2008-29-22(d), effective May 29, 2008 (Royal Assent).
(b) entering into information-sharing agreements, as defined in section 69 (1) of the Freedom of Information and Protection of Privacy Act to allow the release of information about a registrant to a governing body, including information about practice restrictions, complaints, competency and discipline.
Section 21 (4) BEFORE repealed by 2003-57-13(b), effective June 1, 2004 (BC Reg 224/2004).
(4) A board may, on grounds the board considers sufficient, cause the registration of a former registrant to be restored to the register on payment to the board of
(a) any fees or other sums in arrears and owing by the former registrant to the board, and
(b) any reinstatement fee required by the bylaws.
Section 21 (3) (d) BEFORE amended by 2003-57-13(a), effective July 13, 2006 (BC Reg 208/2006).
(d) the registration of the registrant has been cancelled under section 39 (1) (e).
Section 21 (1) BEFORE amended by 2008-29-23(a), effective May 29, 2008 (Royal Assent).
(1) A board must appoint a registrar for its college, who holds office during the pleasure of the board.
Section 21 (2) BEFORE amended by 2008-29-23(c), effective May 29, 2008 (Royal Assent).
(2) The registrar must maintain a register and must enter in it the name and address of every person granted registration under section 20.
Section 21 (3) (d) BEFORE amended by 2008-29-23(d), effective May 29, 2008 (Royal Assent).
(d) the registration of the registrant has been cancelled under section 39 (2) (e).
Section 22 (2) BEFORE amended by 2003-57-14, effective June 1, 2004 (BC Reg 224/2004).
(2) The registrar or another person authorized by the board may refuse a person access to the register if the registrar or the authorized person, as the case may be, reasonably believes that the person seeking access is doing so for commercial purposes.
Section 22 (1) BEFORE amended by 2008-29-24(a), effective May 29, 2008 (Royal Assent).
(1) Subject to subsection (2), the register and bylaws of a college must be open to inspection by any person free of charge at all reasonable times during regular business hours.
Section 22 (2) and (3) BEFORE amended by 2008-29-24(b), effective December 15, 2008 (BC Reg 395/2008).
(2) The registrar may refuse a person access to the register if the registrar reasonably believes that
(a) the access could threaten the safety of a registrant, or
(b) the person seeking access is doing so for commercial purposes.
(3) If access is refused under subsection (2), the registrar may disclose information from the register that is determined appropriate in the circumstances.
Section 22.1 (1) (d) BEFORE amended by 2006-23-14, effective May 18, 2006 (Royal Assent).
(d) a notation of each revocation or suspension of registration;
Section 22.1 (2) BEFORE amended by 2006-23-14, effective May 18, 2006 (Royal Assent).
(2) The registrar must include in the register a notation of any revocation or suspension of registration that occurred or was recorded before the coming into force of this section.
Section 22.1 BEFORE repealed by 2008-29-25, effective May 29, 2008 (Royal Assent).
Register of members
22.1 (1) The registrar must maintain a register setting out, for each registrant, the following:
(a) the registrant's name, business address and business telephone number;
(b) the class of registration, including areas of specialization and related credentials;
(c) any terms, conditions and limitations imposed on the registration by the college;
(d) a notation of each cancellation or suspension of registration;
(e) any additional prescribed matters.
(2) The registrar must include in the register a notation of any cancellation or suspension of registration that occurred or was recorded before the coming into force of this section.
Section 24 (1) (a) and (b) BEFORE amended by 2007-14-219,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) in the performance or intended performance of any duty under this Act, the regulations or the bylaws, or
(b) in the exercise or intended exercise of any power under this Act, the regulations or the bylaws.
Section 25 BEFORE amended by 2002-15-15, effective December 31, 2002 (BC Reg 336/2002).
Reference to council regarding health profession
25 (1) The minister may refer any matter respecting a health profession or a college to the council for consideration.
(2) The council must investigate and make recommendations to the minister regarding any matter referred to it under subsection (1).
(3) For the purposes of an investigation under subsection (2), the council has the powers that it has under section 9 (2) to (4) and, in respect of a designated health profession, has the same powers respecting the college that it has under section 9 (2) respecting a health profession association.
Section 25 BEFORE repealed by 2003-57-16, effective December 12, 2003 (BC Reg 483/2003).
Reference of a matter for review
25 (1) The minister may refer any matter respecting a health profession or a college to a person for consideration.
(2) A person must investigate and make recommendations to the minister respecting a matter referred to the person under subsection (1).
(3) For the purposes of an investigation under subsection (2),
(a) the person has the powers that section 9 (2) to (4) gives to the minister, and
(b) a reference in section 9 (2) to a health profession association is deemed to include reference to a designated health profession.
Part 2.01, sections 25.01 to 25.09 were enacted by 2017-15-11, effective November 2, 2017 (Royal Assent).
Part 2.2, sections 25.8 to 25.9 and 25.91 to 25.95 were enacted by 2003-73-1, effective April 1, 2009 (BC Reg 419/08).
Note: above 2003-73-1 was amended by 2006-23-30 as it amends the definition of "college", effective May 18, 2006 (Royal Assent).
Note: above 2003-73-1 was amended by 2008-29-75 as it amends the definitions of "interchangeable drug" and "practice of pharmacy", effective May 29, 2008 (Royal Assent).
Note: above 2003-73-1 was amended by 2008-29-76, effective May 29, 2008 (Royal Assent).
Note: above 2003-73-1 was amended by 2008-29-77 to 78, effective May 29, 2008 (Royal Assent).
Note: above 2003-73-1 was amended by 2004-33-19, effective June 11, 2004 (BC Reg 252/2004).
Section 25.1 was enacted by 2003-57-17, effective June 1, 2009 (BC Reg 423/2008).
Note: above 2003-57-17 was amended by 2006-23-23 as it amends the definition of "college", effective May 18, 2006 (Royal Assent).
Section 25.1 definition of "board" BEFORE amended by 2010-6-153(a), effective June 3, 2010 (Royal Assent).
"board" includes the executive committee of the board if the board has authorized the executive committee to act for it;
Section 25.1 definition of "executive committee" was added by 2010-6-153(b), effective June 3, 2010 (Royal Assent).
Section 25.1 definition of "registrant" BEFORE amended by 2010-6-153(c), effective June 3, 2010 (Royal Assent).
"registrant" means a person who is granted registration under section 20 as a member of the college.
Section 25.2 was enacted by 2003-57-17, effective June 1, 2009 (BC Reg 423/2008).
Note: above 2003-57-17 was amended by 2008-29-60 which added subsections (5.1) and (6.1), effective May 29, 20008 (Royal Assent).
Section 25.2 (1) (part) BEFORE amended by 2010-6-154, effective June 3, 2010 (Royal Assent).
(1) The board or executive committee may appoint an investigating committee of one or more persons who, for the purpose of investigating whether a registrant has and applies adequate skill and knowledge to practise medicine, may require the registrant
Section 25.5 was enacted by 2003-57-17, effective June 1, 2009 (BC Reg 423/2008).
Note: above 2003-57-17 was amended by 2006-23-24, effective May 18, 2006 (Royal Assent).
Note: above 2003-57-17 was amended by 2008-29-61, effective May 29, 2008 (Royal Assent).
Section 25.6 was enacted by 2003-57-17, effective June 1, 2009 (BC Reg 423/2008).
Note: above 2003-57-17 was amended by 2008-29-62, effective May 29, 2008 (Royal Assent).
Note: above 2003-57-17 was amended by 2008-29-63 as it amends subsection (8) and adds subsections (5.1) to (6.3), effective May 29, 2008 (Royal Assent).
Section 25.6 (8) (b) BEFORE amended by 2009-22-93, effective October 29, 2009 (Royal Assent).
(b) it is not necessary that an investigation is being conducted under sections 33 or that a hearing of the discipline committee is pending concerning the registrant.
Section 25.8 definition "personal health information" was added by 2009-22-94, effective October 29, 2009 (Royal Assent).
Section 25.94 BEFORE amended by 2009-22-95, effective October 29, 2009 (Royal Assent).
Disclosure of patient record information
25.94 (1) Subject to subsections (2) and (3) and to section 16 (1) of the Pharmacy Operations and Drug Scheduling Act, if the bylaws specify that particular patient record information must not be disclosed, a pharmacist must not disclose, or allow a support person, a registrant who is not a pharmacist, or another employee to disclose, the patient record information to a person other than the person who is the subject of that record.
(2) Subject to the bylaws, a pharmacist, on request, must disclose patient record information to
(a) the person who is the subject of the record, or
(b) a person authorized in writing, by the person who is the subject of the record, to receive the information.
(3) Subject to the bylaws, a pharmacist, on request, must disclose relevant patient record information to
(a) another pharmacist for the purpose of dispensing a drug or device,
(b) another pharmacist or a practitioner for the purpose of monitoring drug use,
(c) a federal or Provincial government payment agency or an insurer that makes reimbursement for the cost of prescribed drugs, devices or pharmacy services for the purpose of claims or payment administration, including the performance of audits, or
(d) the college for the purpose of monitoring the practice of pharmacy.
(4) Despite the Personal Information Protection Act and subject to the bylaws, a pharmacist must not disclose patient record information for the purpose of market research.
(5) In this section, "bylaws" means
(a) bylaws as defined in section 1 of the Pharmacy Operations and Drug Scheduling Act, or
(b) bylaws as defined in section 1 of this Act.
Section 25.94 (4) BEFORE amended by 2014-8-86, effective October 1, 2015 (BC Reg 52/2015).
(4) Despite the Personal Information Protection Act and subject to the bylaws, a pharmacist must not disclose personal health information for the purpose of market research.
Section 25.94 (1) BEFORE amended by 2016-12-11, effective April 1, 2018 (BC Reg 234/2017).
(1) Subject to subsections (2) and (3) and to section 16 (1) of the Pharmacy Operations and Drug Scheduling Act, if the bylaws specify that particular personal health information must not be disclosed, a pharmacist must not disclose, or allow a support person, a registrant who is not a pharmacist, or another employee to disclose, the personal health information to a person other than the person who is the subject of that record.
Section 26 definition of "professional misconduct" BEFORE amended by 2008-29-26(a), effective May 29, 2008 (Royal Assent).
"professional misconduct" includes sexual misconduct, infamous conduct and conduct unbecoming a member of the health profession;
Section 26 definition of "registrant" BEFORE amended by 2008-29-26(b), effective May 29, 2008 (Royal Assent).
"registrant" includes a former registrant, and a non-registrant or former non-registrant to whom this Part applies;
Section 26.2 (1) (part) BEFORE amended by 2017-15-12(a), effective November 2, 2017 (Royal Assent).
(1) Subject to subsections (2) to (6), a quality assurance committee, an assessor appointed by a quality assurance committee and a person acting on its behalf must not disclose or provide to another committee or person
Section 26.2 (2) BEFORE amended by 2017-15-12(b), effective November 2, 2017 (Royal Assent).
(2) Despite subsection (1), a quality assurance committee or an assessor appointed by it may disclose information described in that subsection to show that the registrant knowingly gave false information to the quality assurance committee or assessor.
Section 28 (1) BEFORE amended by 2008-29-27, effective May 29, 2008 (Royal Assent).
(1) During regular business hours, an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:
Section 29 (3) (b) (ii) BEFORE amended by 2007-14-219,Sch, effective December 1, 2007 (BC Reg 354/2007).
(ii) has failed to comply with a limit or condition imposed under this Act, the regulations or the bylaws,
Section 29 (3) (b) (ii) BEFORE amended by 2008-29-28, effective May 29, 2008 (Royal Assent).
(ii) has failed to comply with a limit or condition imposed under this Act,
Section 31 (1) BEFORE amended by 2007-14-219,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act, the regulations or the bylaws.
Section 32 (5) BEFORE amended by 2008-29-29, effective May 29, 2008 (Royal Assent).
(5) A disposition under subsection (3) takes effect 30 days after the delivery of the written report described under subsection (4) unless, within that 30 day period, the inquiry committee gives the registrar written direction to proceed under subsection (2).
Section 32 (5) BEFORE amended by 2010-6-155, effective June 3, 2010 (Royal Assent).
(5) A disposition under subsection (3) is considered to be a disposition by the inquiry committee and takes effect 30 days after the delivery of the written report described under subsection (4) unless, within that 30 day period, the inquiry committee gives the registrar written direction to proceed under subsection (2).
Section 32.1 (a) and (b) BEFORE amended by BC Reg 262/2014 under RS1996-440-12, effective December 22, 2014 (BC Reg 262/2014).
(a) not competent to practice the designated health profession, or
(b) suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practice the designated health profession.
Section 32.2 (4) (b) (i) BEFORE amended by 2008-29-30, effective May 29, 2008 (Royal Assent).
(i) to set limits or conditions on the practice of the designated health profession by the other person, or
Section 32.2 (1) BEFORE amended by BC Reg 262/2014 under RS1996-440-12, effective December 22, 2014 (BC Reg 262/2014).
(1) A registrant must report in writing to the registrar of an other person's college if the registrant, on reasonable and probable grounds, believes that the continued practise of a designated health profession by the other person might constitute a danger to the public.
Section 32.3 (1) BEFORE amended by 2008-29-31(a), effective May 29, 2008 (Royal Assent).
(1) If an other person is a registrant in a college prescribed for the purposes of this section and because of admission to a hospital or a private hospital as defined in the Hospital Act, for psychiatric care or treatment, or for treatment for addiction to alcohol or drugs the other person is unable to practise, the chief administrative officer of the hospital, or someone acting in that capacity, and the medical practitioner who has the care of the other person must promptly report the admission in writing to the registrar of the other person's college.
Section 32.3 (3) (b) (i) BEFORE amended by 2008-29-31(b), effective May 29, 2008 (Royal Assent).
(i) to set limits or conditions on the practice of the designated health profession by the other person, or
Section 33 (2) BEFORE amended by 2002-52-37, effective July 15, 2002 (BC Reg 173/2002).
(2) If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that the registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the registrant or whether to suspend or cancel the registration of the registrant.
Section 33 (1) BEFORE amended by 2003-57-23, effective June 1, 2004 (BC Reg 224/2004).
[Note: above was amended by 2004-23-12, effective April 29, 2004 (Royal Assent).]
(1) If a complaint is delivered to the inquiry committee by the registrar under section 32 (2), the inquiry committee must investigate the matter raised by the complaint.
Section 33 (4) (a.1) and (c.1) were added by 2003-57-22(a), effective June 1, 2004 (BC Reg 224/2004).
Section 33 (4) (b) BEFORE amended by 2007-14-219,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) a failure to comply with a limit or condition imposed under this Act, the regulations or the bylaws;
Section 33 (2) BEFORE amended by 2008-29-33(a), effective May 29, 2008 (Royal Assent).
(2) If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that the registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the registrant or whether to suspend or cancel the registration of the registrant.
Section 33 (3) BEFORE amended by 2008-29-33(b), effective May 29, 2008 (Royal Assent).
(3) An applicant or a registrant against whom action has been taken under subsection (2) or section 20 (3) may appeal the decision to the Supreme Court and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
Section 33 (4) (b) BEFORE amended by 2008-29-34(a), effective May 29, 2008 (Royal Assent).
(b) a failure to comply with a limit or condition imposed under this Act;
Section 33 (4) (c) BEFORE amended by 2008-29-34(b), effective May 29, 2008 (Royal Assent).
(c) professional misconduct;
Section 33 (4) (c.1) BEFORE repealed by 2008-29-34(c), effective May 29, 2008 (Royal Assent).
(c.1) unprofessional conduct or unethical conduct;
Section 33 (2) BEFORE amended 2013-8-53, effective November 30, 2013 (BC Reg 214/2013).
(2) If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that the registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to impose limits or conditions on the practice of the designated health profession by the registrant or whether to suspend or cancel the registration of the registrant.
Section 34 BEFORE re-enacted by 2003-57-24, effective June 1, 2004 (BC Reg 224/2004).
Report to be made if no remedial or disciplinary action taken
34 (1) If the inquiry committee does not direct the registrar to issue a citation regarding a matter investigated under section 33, it must
(a) report to the board regarding its decision and the results of its investigation, and
(b) in the case of an investigation respecting a complaint, notify the complainant in writing of its decision.
(2) A complainant who is dissatisfied with a decision of the inquiry committee referred to in subsection (1) may appeal the decision to the board within 14 days after receiving notification of that decision.
(3) On an appeal under subsection (2), the board may
(a) refuse the appeal,
(b) direct the inquiry committee to act under section 36, or
(c) direct the registrar to issue a citation under section 37.
(4) The board may, on its own motion after considering a report of the inquiry committee under subsection (1) (a),
(a) direct the inquiry committee to act under section 36, or
(b) direct the registrar to issue a citation under section 37.
Section 34 BEFORE re-enacted by 2008-29-35, effective March 16, 2009 (BC Reg 396/2008).
Report and review
34 (1) If the inquiry committee decides under section 33 (6) (a), or the registrar decides under section 32 (3) (a) or (b), to take no further action in an investigation, they must
(a) report to the board the results of the investigation, and
(b) if the investigation resulted from a complaint, notify the complainant of its decision and provide to the complainant the conclusions drawn in the investigation respecting the matters alleged in the complaint.
(2) A complainant who is dissatisfied with the decision referred to in subsection (1) may request the board to review that decision.
(3) A request for review under subsection (2) must be made within 14 days of the day the complainant receives notice under subsection (1) (b).
(4) After receiving the inquiry committee's report or after conducting a review that was requested under subsection (2), the board must
(a) confirm the inquiry committee's decision,
(b) direct the inquiry committee to act under section 33 (6),
(c) direct the inquiry committee to act under section 36, or
(d) direct the registrar to issue a citation under section 37.
Section 35 (1) BEFORE amended by 2008-29-36(a), effective May 29, 2008 (Royal Assent).
(1) If the inquiry committee considers the action necessary to protect the public during the investigation of a registrant or pending a hearing of the discipline committee, it may
(a) set limits or conditions on the practice of the designated health profession by the registrant, or
(b) suspend the registration of the registrant.
Section 35 (2) BEFORE amended by 2008-29-36(b), effective May 29, 2008 (Royal Assent).
(2) If the inquiry committee acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal that decision to the Supreme Court.
Section 36 (1) BEFORE amended by 2003-57-25(a), effective June 1, 2004 (BC Reg 224/2004).
(1) In relation to a matter investigated under section 33, the inquiry committee may request the registrant to do one or more of the following:
Section 36 (1.1) BEFORE amended by 2008-29-37, effective May 29, 2008 (Royal Assent).
(1.1) If requested by the complainant and if a consent or undertaking given under subsection (1) relates to the complaint made by the complainant, the inquiry committee must deliver a written summary of the consent or undertaking to the complainant.
Section 37 (1) (b) BEFORE amended by 2003-57-26, effective June 1, 2004 (BC Reg 224/2004).
(b) describes the nature of the complaint or other matter that is to be the subject of the hearing, including the particulars of any evidence in support of that subject matter,
Section 37.1 was enacted by 2003-57-27, effective July 21, 2006 (BC Reg 235/2006).
[Note: above 2003-57-27 was amended by 2006-23-25, effective May 18, 2006 (Royal Assent).]
Section 37.1 (3) (a) BEFORE amended by 2008-29-38(a), effective May 29, 2008 (Royal Assent).
(a) an order under section 39 is deemed to be made as set out in the proposal,
Section 37.1 (3) (b) BEFORE repealed by 2008-29-38(a), effective May 29, 2008 (Royal Assent).
(b) section 39 (3) applies to the order under paragraph (a) as though it had been made by the discipline committee, and
Section 37.1 (6) BEFORE amended by 2008-29-38(b), effective May 29, 2008 (Royal Assent).
(6) If the inquiry committee accepts a proposal under subsection (5) it must make an order under section 39 as set out in the proposal.
Section 38 (2) and (3) BEFORE amended by 2003-57-28(a), effective June 1, 2004 (BC Reg 224/2004).
(2) The respondent, the college and the complainant, if any, may appear as parties and with counsel at a hearing of the discipline committee.
(3) A hearing of the discipline committee must be in public unless
(a) the complainant or the respondent requests the discipline committee to hold the hearing in private, and
(b) the discipline committee is satisfied that a private hearing would be appropriate in the circumstances.
Section 38 (4) (b) BEFORE amended by 2003-57-28(b), effective June 1, 2004 (BC Reg 224/2004).
(b) there must be a full right to cross examine witnesses and call evidence in defence and reply.
Section 38 (5) (b) BEFORE amended by 2007-14-219,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) without further notice to the respondent, take any action that it is authorized to take under this Act, the regulations or the bylaws.
Section 38 (8) BEFORE amended by 2008-29-39, effective May 29, 2008 (Royal Assent).
(8) If the discipline committee considers the action necessary to protect the public between the time a hearing is commenced and the time it makes an order under section 39 (1), the discipline committee may set limits or conditions on the practice of the designated health profession by the registrant or may suspend the registration of the registrant and, for those purposes, section 35 applies.
Section 39 BEFORE re-enacted by 2003-57-29, effective July 13, 2006 (BC Reg 208/2006).
Action by discipline committee
39 (1) On completion of a hearing, the discipline committee may, by order, do one or more of the following:
(a) dismiss the matter;
(b) reprimand the respondent;
(c) impose limits or conditions on the practice of the designated health profession by the respondent;
(d) suspend the registration of the respondent;
(e) cancel the registration of the respondent;
(f) fine the respondent in an amount not exceeding the maximum fine established under section 19 (1) (w);
(g) assess costs or part of the costs of the hearing against the respondent.
(2) An order of the discipline committee under subsection (1) must be in writing and must be delivered to the respondent and to the complainant, if any.
Section 39 (1) (b) BEFORE amended by 2007-14-124, effective December 1, 2007 (BC Reg 354/2007).
(b) has not complied with a standard, limit or condition imposed by this Act, a regulation or a bylaw,
Section 39 (1) BEFORE amended by 2008-29-40(a), effective May 29, 2008 (Royal Assent).
(1) On completion of a hearing, the discipline committee may dismiss the matter or determine that the respondent
Section 39 (3) BEFORE amended by 2008-29-40(b), effective May 29, 2008 (Royal Assent).
(3) An order of the discipline committee under subsection (2) must
(a) be in writing,
(b) include reasons for the order, and
(c) be delivered to the respondent and to the complainant, if any.
Section 39 (9) (part) BEFORE amended 2008-29-40(c), effective May 29, 2008 (Royal Assent).
(9) If an order under subsection (2) is appealed under section 40 within 30 days after it is made, the discipline committee, on application of the respondent under this section, may
Section 39 (9) (a) BEFORE amended by 2008-29-40(d), effective May 29, 2008 (Royal Assent).
(a) stay the order pending the hearing of the appeal, and
Section 39 (9) (b) BEFORE amended by 2008-29-40(e), effective May 29, 2008 (Royal Assent).
(b) set terms and conditions on the practice of the designated health profession by the respondent during the stay.
Section 39 (3) (c) BEFORE amended by 2010-6-156(a), effective June 3, 2010 (Royal Assent).
(c) be delivered to the respondent and to the complainant, if any, and
Section 39 (9) (part) BEFORE amended by 2010-6-156(b), effective June 3, 2010 (Royal Assent).
(9) If an order under subsection (2) is appealed under section 40 within 30 days after it is made, the discipline committee, on application of the respondent under this section, may, by order,
Section 39.1 (1) (a) and (b) BEFORE amended by 2017-15-13, effective November 2, 2017 (Royal Assent).
(a) another college established under this Act or a body in another province or a foreign jurisdiction that regulates a health profession in that province or foreign jurisdiction has found, either before or after the registrant was registered under section 20, that the registrant committed an act that, in the opinion of the discipline committee, constitutes unprofessional conduct under this Act, or
(b) the registrant has admitted, either before or after the registrant was registered under section 20, to another college established under this Act or to a body in another province or a foreign jurisdiction that regulates a health profession in that province or foreign jurisdiction, that the registrant committed an act that, in the opinion of the discipline committee, constitutes unprofessional conduct under this Act,
Section 39.3 (1) (part) BEFORE amended by 2009-22-96, effective October 29, 2009 (Royal Assent).
(1) Subject to subsections (3) and (4), the inquiry committee or discipline committee, as the case may be, must direct the registrar to notify the public of the information set out in subsection (2) with respect to any of the following actions:
Section 40 (1) BEFORE amended by 2003-57-30(a), effective June 1, 2004 (BC Reg 224/2004).
(1) A person aggrieved or adversely affected by an order of the discipline committee under section 39 (1) may appeal or the board may appeal the order to the Supreme Court.
Section 40 (6) BEFORE amended by 2003-57-30(b), effective June 1, 2004 (BC Reg 224/2004).
(6) The persons required to be served under subsection (4) or (5) may be parties to an appeal under subsection (1).
Section 40 (8) BEFORE amended by 2003-57-30(c), effective June 1, 2004 (BC Reg 224/2004).
(8) An appeal under subsection (1)
(a) must be a new hearing if there is no transcript of the proceeding in which the decision being appealed was made, or
(b) must be a review of the transcript and proceeding if there is a transcript, unless the court is satisfied that a new hearing or the admission of new evidence is necessary in the interests of justice.
Section 40 (1) BEFORE amended by 2008-29-42(a), effective May 29, 2008 (Royal Assent).
(1) A college or respondent described in section 38 (2) aggrieved or adversely affected by an order of the discipline committee under section 39 may appeal or the board may appeal the order to the Supreme Court.
Section 40 (4) and (5) BEFORE amended by 2008-29-42(b), effective May 29, 2008 (Royal Assent).
(4) The petition commencing an appeal under this section must be served on the college, effected by service on the registrar, within 14 days of its filing in the court registry.
(5) The petition commencing an appeal under this section must also be served on the parties to the discipline committee proceeding in which the order being appealed was made and, if the matter relates to a complaint, on the complainant.
Section 40 (6) BEFORE repealed by 2008-29-42(b), effective May 29, 2008 (Royal Assent).
(6) The persons required to be served under subsection (4) or (5), other than the complainant, may be parties to an appeal under subsection (1).
Section 40 (2) BEFORE amended by 2010-6-157, effective June 3, 2010 (Royal Assent).
(2) An appeal under this section must be commenced within 30 days after the date of the decision.
Section 40 (3) BEFORE amended by 2010-6-52, effective July 1, 2010.
(3) An appeal under this section must be an originating application commenced by filing a petition in any registry of the Supreme Court, and the Rules of Court respecting originating applications apply to the appeal but Rule 49 does not apply.
Section 42 (1) BEFORE amended by 2006-23-17, effective May 18, 2006 (Royal Assent).
(1) Subject to this Act, the regulations and the bylaws, a health profession corporation that holds a valid permit under section 43 (1) may carry on the business of providing to the public health profession services that may be performed by the registrants of the college whose board issued or renewed the permit.
Section 42 (2) (b) BEFORE amended by 2008-29-43(b), effective May 29, 2008 (Royal Assent).
(b) if permitted by the bylaws, an employee of the health profession corporation under the direct supervision of a registrant of the college.
Section 43 (1) (d) (iii) BEFORE repealed by 2000-24-22, effective November 1, 2000 (BC Reg 280/2000).
(iii) who live as husband or wife with, although not married to, a shareholding registrant of the college and who have lived as such for a period of not fewer than 2 years,
Section 43 (1) (a) BEFORE amended by 2003-70-166, effective March 29, 2004 (BC Reg 64/2004).
(a) the corporation is incorporated under the Company Act and is in good standing under that Act;
Section 43 (1) (c) and (d) BEFORE amended by 2006-23-18(a), effective May 18, 2006 (Royal Assent).
(c) all voting shares of the corporation are legally and beneficially owned by registrants of the college;
(d) all non-voting shares of the corporation are legally and beneficially owned by persons
(i) who are registrants of the college,
(ii) who are the spouse of a shareholding registrant of the college,
(iii) [Repealed 2000-24-22.]
(iv) who are children, as defined in the Family Relations Act, of a shareholding registrant of the college, or
(v) who are otherwise relatives of a shareholding registrant of the college and who reside with the registrant;
Section 43 (1.1) BEFORE amended by 2006-23-18(b), effective May 18, 2006 (Royal Assent).
(1.1) In subsection (1) (d) (ii), "spouse" means a person who
(a) is married to another person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
Section 43 (1) (f) BEFORE amended by 2008-29-44(a), effective May 29, 2008 (Royal Assent).
(f) all the persons who will be providing the services on behalf of the corporation are registrants of the college or are under the direct supervision of a registrant of the college;
Section 43 (1) (h) BEFORE amended by 2008-29-44(b), effective May 29, 2008 (Royal Assent).
(h) all requirements established by regulation under section 50 have been met.
Section 43 (1.1) (b) BEFORE amended by 2011-25-363, effective March 18, 2013 (BC Reg 131/2012).
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
Section 44 (1) (a) BEFORE amended by 2003-57-32, effective December 12, 2003 (BC Reg 483/2003).
(a) in the course of providing services the corporation does anything that, if done by a registrant, would be professional misconduct,
Section 44 (4) BEFORE amended by 2003-70-167, effective March 29, 2004 (BC Reg 64/2004).
(4) If a board revokes a permit for a health profession corporation or refuses to renew a permit for a health profession corporation, it must notify the Registrar of Companies for the purposes of section 18 (6) of the Company Act.
Section 44 (1) (part) BEFORE amended by 2008-29-45(a), effective May 29, 2008 (Royal Assent).
(1) A board may, after a hearing, revoke a permit issued by it to a health profession corporation if
Section 44 (2) (part) BEFORE amended by 2008-29-45(b), effective May 29, 2008 (Royal Assent).
(2) As alternatives to revoking a permit, a board may
Section 46 BEFORE amended by 2006-23-19 effective May 18, 2006 (Royal Assent).
Prohibition against certain voting agreements
46 A shareholder of a health profession corporation must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a registrant qualified to hold shares in the corporation the authority to exercise the voting rights attached to any or all of the shares of the shareholder.
Section 48 BEFORE repealed by 2006-23-20, effective May 18, 2006 (Royal Assent).
Responsibility of registrants not affected by incorporation
48 (1) The liability of a registrant for professional negligence is not affected by the fact that the registrant practises the designated health profession as an employee of a health profession corporation.
(2) The relationship of a registrant to a health profession corporation, whether as a shareholder, director, officer or employee of the corporation, does not affect, modify or diminish the application to the registrant of this Act, the regulations and the bylaws.
(3) Nothing in this Act affects, modifies or limits any law that applies to the fiduciary, confidential or ethical relationships between a registrant and a person receiving the professional services of a registrant.
(4) The relationship between a health profession corporation and a person receiving services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a registrant and the registrant's client.
Section 49 (5) BEFORE amended by 2006-23-21, effective May 19, 2006 (BC Reg 149/2006).
(5) A bylaw under this section has no effect until it is approved by the Lieutenant Governor in Council.
Section 49 (1) BEFORE amended by 2007-14-125, effective December 1, 2007 (BC Reg 354/2007).
(1) The bylaws of a board under section 19 apply to health profession corporations under the board's authority and the board may exercise the powers given by this Act, the regulations and the bylaws to enforce those bylaws against a health profession corporation.
Section 49 (3) (e) BEFORE amended by 2008-29-46(a), effective May 29, 2008 (Royal Assent).
(e) requirements for the issuance or renewal of permits and conditions that may be attached to permits, including the establishment of amounts of insurance that health profession corporations must carry or must provide to each of their employees for the purpose of providing indemnity against professional liability claims.
Section 49 (5) BEFORE amended by 2008-29-46(b), effective May 29, 2008 (Royal Assent).
(5) Section 19 (3), (3.2), (4) and (7) applies to bylaws made under this section.
Section 49 (3) (e) BEFORE amended by 2010-6-158, effective June 3, 2010 (Royal Assent).
(e) requirements for the issuance or renewal of permits and the limits or conditions that may be imposed on permits, including the establishment of amounts of insurance that health profession corporations must carry or must provide to each of their employees for the purpose of providing indemnity against professional liability claims.
Section 50 (1) and (2) BEFORE amended by 2008-29-47(a), effective May 29, 2008 (Royal Assent).
(1) The Lieutenant Governor in Council may make regulations respecting health profession corporations for a designated health profession.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) the application of this Part to a designated health profession;
(b) a term that must be included in the name of a health profession corporation.
Section 50 (3) BEFORE amended by 2008-29-47(b), effective May 29, 2008 (Royal Assent).
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
Section 50.52 BEFORE re-enacted by 2015-10-97, effective December 18, 2015 (BC Reg 240/2015).
Application of Administrative Tribunals Act to the review board
50.52 The following sections of the Administrative Tribunals Act apply to the review board:
(b) section 2 [chair's initial term and reappointment];
(c) section 3 [member's initial term and reappointment];
(d) section 4 [appointment of acting chair];
(e) section 5 [member's absence or incapacitation];
(f) section 6 [member's temporary appointment];
(g) section 7 [powers after resignation or expiry of term];
(h) section 8 [termination for cause];
(i) section 9 [responsibilities of the chair];
(j) section 10 [remuneration and benefits for members];
(k) section 26 [organization of tribunal];
(l) section 27 [staff of tribunal];
(m) section 30 [tribunal duties];
(n) section 55 [compulsion protection];
(o) section 56 [immunity protection for tribunal and members].
Section 50.54 (10) BEFORE amended by 2009-20-18(a), effective October 29, 2009 (Royal Assent).
(10) The review board may make an order under subsection (9) directing the registration committee to grant registration with or without limits or conditions, or certification, as the case may be, only if the review board is satisfied that
(a) the registration committee failed to act fairly in considering the application for registration or certification,
(b) the registration decision
(i) was made arbitrarily or in bad faith,
(ii) was made for an improper purpose,
(iii) was based entirely or predominantly on irrelevant factors, or
(iv) failed to take requirements under this Act into account, and
(c) the conditions described in subsection (11) (a) or (b) are met.
Section 50.54 (11) BEFORE amended by 2009-20-18(b), effective October 29, 2009 (Royal Assent).
(11) The following conditions apply for the purposes of subsection (10) (c):
Section 50.54 (13) BEFORE amended by 2012-18-75, effective May 31, 2012 (Royal Assent).
(13) Nothing in this Act precludes a decision of a registration committee or of the review board from being referred to the Supreme Court for review under section 4 of the Labour Mobility Act.
Section 51 (1) BEFORE amended by 2003-57-35, effective June 1, 2004 (BC Reg 224/2004).
(1) A person aggrieved or adversely affected by an order of the discipline committee under section 39 (1) may appeal or the board may appeal the order to the Supreme Court.
Section 51 (1) BEFORE amended by 2008-29-49, effective May 29, 2008 (Royal Assent).
(1) A person who contravenes section 13 (1), (2), (3) or (4), 20 (5), 31 (1) or (2), 50.2, 52.1 (1) or 53 (1) or (2) commits an offence.
Section 52 (1) BEFORE amended by 2003-57-36, effective June 1, 2004 (BC Reg 224/2004).
(1) A board may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening any provision of this Act, the regulations or its bylaws.
Section 52 (1) BEFORE amended by 2006-23-22, effective May 18, 2006 (Royal Assent).
(1) A person who contravenes section 13 (1), (2), (3) or (4), 20 (5), 31 (1) or (2), 50.2, 52.1 (1) or 53 (1) or (2) commits an offence.
Section 52 (2) BEFORE amended by 2007-14-126, effective December 1, 2007 (BC Reg 354/2007).
(1) A board or a person may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening any provision of this Act, the regulations or the bylaws.
Section 52 (1) BEFORE amended by 2008-29-50, effective May 29, 2008 (Royal Assent).
(1) A board or a person may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening any provision of this Act, the regulations or the bylaws.
Section 52.2 (3) BEFORE amended by 2009-22-97, effective October 29, 2009 (Royal Assent).
(3) A college must not disclose to the minister or any other person, in individually identifiable form, any personal information collected under this section.
Section 52.2 (1) (part) BEFORE amended by 2010-6-159, effective June 3, 2010 (Royal Assent).
(1) In this section and in section 52.4:
Section 53 BEFORE re-enacted by 2003-57-38, effective June 1, 2004 (BC Reg 224/2004).
Confidential information
53 Any person who, in the course of carrying out his or her duties under this Act, the regulations or the bylaws, obtains information that is given or records that are submitted in accordance with a request or obligation under this Act, the regulations or the bylaws must not disclose the information or records to any person other than for the purposes of carrying out his or her duties under this Act, the regulations or the bylaws or if required by law.
Section 53 (1) BEFORE amended by 2007-14-219,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) Subject to the Ombudsman Act, a person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty or function under this Act, the regulations or the bylaws unless the disclosure is
Section 53 (1) (part) BEFORE amended by 2008-29-52(a), effective May 29, 2008 (Royal Assent).
(1) Subject to the Ombudsman Act, a person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty or function under this Act unless the disclosure is
Section 53 (1) (a) BEFORE amended by 2008-29-52(b), effective May 29, 2008 (Royal Assent).
(a) necessary to exercise the power or to perform the duty or function, or
Section 53 (1) (b) BEFORE amended by 2008-29-52(c), effective May 29, 2008 (Royal Assent).
(b) authorized as being in the public interest by the board of the college in relation to which the power, duty or function is exercised or performed.
Section 53 (2) (part) BEFORE amended by 2008-29-52(d), effective May 29, 2008 (Royal Assent).
(2) Insofar as the laws of British Columbia apply, a person must not give, or be compelled to give, evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or in the performance of a duty or function under Part 2.1 or Part 3 unless
Section 53 (3) (part) BEFORE amended by 2008-29-52(d), effective May 29, 2008 (Royal Assent).
(3) The records relating to the exercise of a power or the performance of a duty or function under Part 2.1 or Part 3 are not compellable in a court or in proceedings of a judicial nature insofar as the laws of British Columbia apply unless
Section 53 (1) (part) BEFORE amended by 2009-21-5,Sch2, effective October 29, 2009 (Royal Assent).
(1) Subject to the Ombudsman Act, a person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty under this Act unless the disclosure is
Section 54 (1) BEFORE amended by 2007-14-219,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) If a notice or other document is required to be delivered to a person under this Act, the regulations or the bylaws, it is deemed to have been received by the person 7 days after the date on which it was mailed if it is sent by registered mail,
Section 55 (1) and (2) (part) BEFORE amended by 2008-29-53(a), effective May 29, 2008 (Royal Assent).
(1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
Section 55 (2) (e) BEFORE amended by 2008-29-53(b), effective May 29, 2008 (Royal Assent).
(e) specifying the information that a registrar must collect and include in a register to which section 21 (2) refers,
Section 55 (2) (f) BEFORE repealed by 2008-29-53(b), effective May 29, 2008 (Royal Assent).
(f) specifying how a registrar is to establish, maintain, make open to the public and otherwise administer a register to which section 21 (2) refers,
Section 55 (2) (g) BEFORE amended by 2008-29-53(b), effective May 29, 2008 (Royal Assent).
(g) prescribing reserved actions for the purposes of Part 4.1,
Section 55 (3) BEFORE amended by 2008-29-53(d), effective May 29, 2008 (Royal Assent).
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
Section 55 (2) BEFORE amended by BC Reg 18/10 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(2) Without limiting subsection (1), the minister may make regulations
Section 55 (5) BEFORE amended by 2010-6-160(b), effective June 3, 2010 (Royal Assent).
(5) A regulation made under subsection (2) (l) may be different for different colleges or different groups of colleges.