Definitions

1  In this Act:

"approved school of nursing" means an institution that offers a program of nursing education that has been approved by the board of directors;

"association" means the Registered Nurses' Association of British Columbia;

"board of directors" means the board of directors of the association;

"honorary member" means a person designated by the board of directors as an honorary member of the association;

"inspector" means an inspector appointed under section 34;

"licensed graduate nurse" means a person licensed under section 17;

"member" means a person who is a member of the association under section 5;

"register" means the register kept under section 22 (2);

"registered nurse" means a person registered under section 14;

"registration committee" means the committee appointed under section 16;

"rules" means the rules made by the board of directors under section 9;

"student member" means a person who is a student in an approved school of nursing and who is a member of the association.

 Registered Nurses' Association of British Columbia

2  The Registered Nurses' Association of British Columbia is continued as a corporation with all the powers and capacity of a natural person.

 Duties and objects of the association

3  (1)  It is the duty of the association at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2)  The association has the following objects:

(a) to superintend the practice of nursing by its members;

(b) to govern members according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of members;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice among members;

(e) to establish and maintain a continuing competency program to promote high practice standards among members;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics among members;

(h) to require members to provide an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the association and perform other duties through the exercise of the powers conferred by this Act or the rules;

(k) to carry out objects in the constitution not inconsistent with the foregoing.

 Constitution and bylaws

4  The constitution and bylaws of the association in effect on the coming into force of this Act are the constitution and bylaws of the association and may be amended with the approval of the Lieutenant Governor in Council in accordance with the procedure laid down in the constitution.

 Membership

5  (1)  The members of the association consist of

(a) registered nurses,

(b) licensed graduate nurses,

(c) student members, and

(d) honorary members.

(2)  The bylaws of the association may establish different classes of members.

 Annual meeting

6  The association must meet at least once each year at a time and place to be determined by the constitution and bylaws of the association.

 Board of directors

7  (1)  The board of directors is continued and is composed of

(a) persons elected or appointed to the board of directors under the constitution and bylaws of the association, and

(b) persons appointed by the minister.

(2)  The number of persons appointed under subsection (1) (b) must be 1/3 of the total board of directors membership or the nearest whole number over 1/3 if the total number is not divisible by 3 without leaving a remainder.

 Powers of board of directors

8  (1)  The board of directors must manage the business of the association.

(2)  The board of directors may exercise all powers of the association not required by the constitution and bylaws to be exercised by the association in general meeting.

 Rules

9  (1)  For the better administration of this Act and the affairs of the association, the board of directors may make rules.

(2)  Without limiting subsection (1), the board of directors may make rules respecting the following:

(a) the curricula and standards of schools of nursing;

(b) qualifications for admission to an approved school of nursing;

(c) registration of persons wishing to become registered nurses;

(d) student members;

(e) renewal of membership;

(f) reinstatement of membership;

(g) continuing education.

(3)  The board of directors may make rules for licensed graduate nurses including rules respecting the following:

(a) licensing;

(b) renewal of membership;

(c) reinstatement of membership;

(d) continuing education;

(e) establishment of a permanent record and a current register;

(f) fees including, but not limited to, fees for

(i)  licensing,

(ii)  renewal of membership, and

(iii)  reinstatement of membership.

(4)  Rules made under subsections (1) to (3) may be different for different classes of members.

(5)  A rule made under subsection (2) (a) or (3) does not take effect until it has been approved by the Lieutenant Governor in Council.

 Annual report

10  (1)  The board of directors must submit to the minister an annual report respecting the association not later than 120 days after the end of the fiscal year for the association.

(2)  The report must include information that the Lieutenant Governor in Council may prescribe.

 Board of examiners

11  (1)  The board of directors must appoint a board of examiners consisting of at least 7 persons, at least 5 of whom are registered nurses who are members in good standing of the association.

(2)  Appointments to the board of examiners are subject to the approval of the Lieutenant Governor in Council.

 Duties of board of examiners

12  Subject to the rules made by the board of directors, the duties of the board of examiners are to arrange for the examination of applicants for registration in the association as registered nurses, including the setting and marking of examinations.

 Examinations

13  (1)  The board of examiners must hold an examination of applicants for registration as registered nurses at least once a year.

(2)  At least 6 weeks before the date set for the examination, the board of examiners must give notice of the time and place of holding the examination.

(3)  Notice must be given by both

(a) mailing a notice to every approved school of nursing, and

(b) publishing the notice in the manner specified by the board of directors.

 Registration

14  (1)  To qualify for registration as a registered nurse, a person must

(a) have graduated from an approved school of nursing not more than 5 years before the date of the application and have passed the examination referred to in section 13 (1), or

(b) be or have been registered, in a jurisdiction outside British Columbia, as the equivalent, in the opinion of the board of directors, of a registered nurse and, if the person is not registered in good standing in that jurisdiction, the person must not have, for reasons of incompetence, incapacity or misconduct, resigned or had conditions placed on that registration in that jurisdiction or had that registration cancelled.

(2)  A person is entitled to be registered as a registered nurse if the person is qualified under subsection (1) and

(a) applies for registration as a registered nurse in the manner provided for by the rules,

(b) provides evidence, satisfactory to the board of directors, that the person is of good character and is fit to engage in the practice of nursing, and

(c) pays the fees provided for by the bylaws.

(3)  In addition to the requirements of subsections (1) and (2), the board of directors may require that an applicant referred to in subsection (1) (b)

(a) provide evidence that may be reasonably required by the board of directors to indicate that the applicant is competent to be a registered nurse, and

(b) take further education and examinations that the board of directors considers necessary.

(4)  If an applicant under subsection (1) does not meet the requirements for registration in this section, the board of directors may, in exceptional circumstances and on being satisfied that registration would be proper, determine that the applicant is eligible to be registered as a registered nurse.

(5)  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 board of directors 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 nursing by the applicant.

 Student members

15  A person is entitled to become a student member of the association if the person

(a) is a student at an approved school of nursing,

(b) applies in writing in the manner provided for in the rules,

(c) satisfies the board of directors that the person is of good character, and

(d) pays the fees provided for by the bylaws.

 Registration committee

16  (1)  The board of directors must appoint a registration committee consisting of the number of persons determined by the board, of whom at least 2/3 must be registered nurses.

(2)  The registration committee must review applications for membership under this Act and recommend to the board of directors whether or not an applicant is eligible.

 Licensed graduate nurses

17  A person is a licensed graduate nurse if the person applied before October 1, 1990 for membership as a licensed graduate nurse and was granted membership as a licensed graduate nurse under the Nurses (Registered) Act, R.S.B.C. 1979, c. 302.

 Interim and special permits

18  (1)  The board of directors may issue an interim permit, subject to terms and conditions that it considers advisable, to a person who has applied for membership under section 14 or reinstatement under section 20 and whose application has been delayed for any reason.

(2)  The board of directors may, in the event of an emergency or crisis, issue a special permit, subject to any terms and conditions that it considers advisable, to any person.

(3)  A person who holds a valid interim permit or special permit under this section may, despite sections 23 and 53, represent herself or himself as a nurse.

(4)  The board of directors may, in respect of a person holding an interim permit or special permit, order that

(a) the terms or conditions of the permit be varied, or

(b) the permit be suspended or cancelled,

and on making the order,

(c) the terms of the permit are varied in the manner specified in the order, or

(d) the permit is suspended or cancelled, if the order so provides.

(5)  On making an order under subsection (4), the board of directors must advise the person in writing.

 Renewal of membership

19  (1)  A member is entitled to have the member's membership renewed if the member

(a) applies for renewal of membership in the manner provided for by the rules,

(b) meets the requirements for renewal contained in the rules, and

(c) pays the fees provided for by the bylaws.

(2)  Even though an applicant under subsection (1) is unable to meet the requirements for renewal of membership contained in the rules, the registration committee may renew the membership of the applicant.

(3)  If the registration committee renews the membership of an applicant under subsection (2), the committee may impose terms or conditions on the renewal of membership.

 Reinstatement

20  (1)  A former member is entitled to be reinstated as a member if the former member

(a) applies for reinstatement of membership in the manner provided for by the rules,

(b) meets the requirements for reinstatement contained in the rules,

(c) provides evidence, satisfactory to the board of directors, that the former member is of good character and is fit to engage in the practice of nursing, and

(d) pays the fees provided for by the bylaws.

(2)  Subsection (1) (c) does not apply if the application is made 6 months after the applicant ceased to be a member merely because of not paying fees.

 Offence of obtaining membership by false representation

21  A person must not use fraud or misrepresentation, either orally or in writing, in an effort to become a member or to obtain renewal of membership or reinstatement of membership under this Act.

 Register and records

22  (1)  The board of directors must cause a permanent record to be kept in which must be entered the name of every person who has been or is granted registration as a registered nurse under this Act or a preceding Act.

(2)  The board of directors must cause a current register to be kept for the purpose of this Act, in which must be entered the name and address of every person who is the holder of a current certificate of membership as a registered nurse.

 Use of titles

23  (1)  A person, other than a registered nurse, must not use the title "Registered Nurse" or the abbreviation "R.N." or otherwise represent herself or himself as a registered nurse.

(2)  A person other than a licensed graduate nurse must not use the title "Licensed Graduate Nurse" or the abbreviation "L.G.N." or otherwise represent herself or himself as a licensed graduate nurse.

(3)  A person must not use the title "Nurse" or otherwise represent herself or himself as a nurse unless the person is a person who is

(a) referred to in section 5 (1) (a) to (c),

(b) enrolled in

(i)  an approved school of nursing,

(ii)  a training course for practical nurses, or

(iii)  a program of psychiatric nursing education,

(c) authorized to practise as a Registered Psychiatric Nurse or a Licensed Practical Nurse under the Health Professions Act,

(d) providing care based solely on Christian Science healing precepts to persons who rely solely on these precepts for healing purposes and

(i)  refers to himself or herself by the title "Nurse" only if the word "nurse" is modified and qualified by the words "Christian Science",

(ii)  is authorized by The First Church of Christ, Scientist in Boston, Massachusetts, to use the title referred to in subparagraph (i), and

(iii)  does not represent or hold himself or herself out as qualified to practise as a registered nurse or licensed graduate nurse or a person registered as a Registered Psychiatric Nurse or a Licensed Practical Nurse under the Health Professions Act, or

(e) lawfully entitled to practise nursing in another jurisdiction and is, for not more than 30 days, employed as a nurse in British Columbia.

 Right to examine record and register

24  The permanent record and the register must be

(a) kept at the office of the association and

(b) open to the inspection by any person during business hours, subject to reasonable restrictions the board of directors may impose.

 Annual fee and certificate

25  (1)  On or before March 1 in each year every member of the association must pay to the board of directors an annual fee determined by the association under its constitution and bylaws.

(2)  The association must issue an annual certificate of membership, under the seal of the association, to every member.

(3)  A payment of the annual fee and a certificate of membership are effective until March 1 in the year following the year for which the payment is made and the certificate issued.

(4)  Failure to pay the annual fee by March 1 in each year terminates the membership.

 Use of funds of association

26  All fees payable under this Act and all money received for the benefit of the association are the property of the association and must be received and accounted for by the board of directors and disbursed and appropriated under the direction of the board of directors for the purposes considered to be in the interests of the association.

 Schools of nursing

27  (1)  A person must not establish, maintain or conduct a school of nursing for nurses or train or instruct or hold herself or himself out as being able to train or instruct persons to become qualified as nurses, without first obtaining the authority and consent in writing of the board of directors.

(2)  Subsection (1) does not apply to a school of nursing under the College and Institute Act, the Thompson Rivers University Act or the University Act.

 Qualifications for admission to school of nursing

28  In order to be admitted to an approved school of nursing an applicant for admission must satisfy the board of directors that the applicant meets the qualifications for admission provided for by the rules.

 Definition for sections 30 to 45

29  In sections 30 to 45, a reference to a "member" includes a former member.

 Professional conduct committee

30  (1)  The board of directors must appoint a professional conduct committee consisting of a chair and the number of registered nurses determined by the board of directors.

(2)  The professional conduct committee must act in all its functions in panels of 3 members of the committee to be selected in the manner determined by the board of directors.

(3)  A panel of 3 members constitutes a quorum of the committee, even though notice of the meeting may not have been given to other members of the committee.

(4)  The professional conduct committee or a panel may inquire into the conduct of a member, and for that purpose each member of the committee or a panel has all the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

(5)  The chair of the professional conduct committee must not sit as a member of a panel.

 Assessment

31  (1)  If there are reasonable grounds to believe that a member is incompetent or suffering from a physical or mental condition or an addiction to alcohol or drugs that impairs the member's ability to practise nursing, the chair of the professional conduct committee may direct the member to undergo a physical, mental, clinical or other assessment as the chair determines is required.

(2)  Following an assessment under subsection (1), the person making the assessment must deliver a written report of the person's opinion to

(a) the member who was the subject of the assessment, and

(b) the chair of the professional conduct committee.

(3)  A report prepared under subsection (2) may be used in evidence at an inquiry under this Act, subject to sections 11 and 12 of the Evidence Act, except that "14 days" is substituted for "30 days" in each place that it appears in section 11 of that Act.

 Preliminary investigation

32  (1)  The chair of the professional conduct committee may authorize a person to make a preliminary investigation into the conduct of a member.

(2)  No action lies against a person who, in good faith, discloses information or records relating to the member who is the subject of the preliminary investigation to a person authorized under subsection (1).

 Inquiry

33  (1)  An inquiry under section 30 (4) must be by a hearing commenced by a citation issued at the direction of the chair of the professional conduct committee and served on the person whose conduct is under inquiry.

(2)  A citation must be served either personally or by registered mail.

(3)  If a citation is served personally, it must be served at least 10 days before the hearing.

(4)  If a citation is served by registered mail, it must be

(a) addressed to the person whose conduct is under inquiry at the person's last known address as shown by the records of the association, and

(b) mailed at least 14 days before the hearing.

(5)  If the conditions for service under subsection (4) are met, the citation is deemed to have been served.

(6)  A citation must state

(a) the nature of the conduct to be inquired into, and

(b) the time and place of the hearing.

 Appointment of inspectors

34  The board of directors may appoint persons as inspectors for the association.

 Powers and duties of inspectors

35  (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:

(a) the premises, the equipment and the materials used by a member to practise nursing;

(b) the records of the member relating to the member's practice of nursing;

(c) the practice of nursing performed by or under the supervision of the member.

(2)  A person who inspects or examines records under subsection (1) (b) may copy the records without a court order.

(3)  The chair of the professional conduct committee may direct an inspector to act under subsection (1).

(4)  If an inspector acts under this section as a consequence of a direction given under subsection (3), the inspector must report the results of these actions in writing to the professional conduct committee.

 Search and seizure under court order

36  (1)  A person authorized by the professional conduct committee may apply to the Supreme Court for an order that authorizes a person named in the order to do one or more of the following:

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis;

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them;

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2)  Unless the court otherwise directs, an application under subsection (1) may be made without notice to anyone and heard in private.

(3)  On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a member has contravened this Act or the rules, or

(b) that a person who is a member

(i)  has contravened this Act or the rules,

(ii)  has failed to comply with a limit or condition imposed under this Act or the rules,

(iii)  has acted in a manner that constitutes professional misconduct,

(iv)  is not competent to practise nursing, or

(v)  is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise nursing.

(4)  In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe anything to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 37 does not apply to a thing specified in the order

(i)  provided all limitations and conditions included under paragraph (b) are met, and

(ii)  unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the professional conduct committee that section 37 apply to the thing seized.

(5)  A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

 Detention of things seized

37  (1)  For the purposes of subsection (2), the person who makes a seizure under section 36 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure is made unless this is not practicable.

(2)  On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3)  An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4)  A document purporting to be certified by a representative of the professional conduct committee to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5)  Subject to an order under section 36 (4) (b), the person from whom anything is detained under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the association.

(6)  No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

 Prohibition against obstructing inspection or search

38  (1)  A person must not obstruct an inspector in the lawful performances of duties or the lawful exercise of powers under this Act or the rules.

(2)  A person must not obstruct a person acting under section 36 or 37 or under an order under those sections.

 Action to protect public

39  (1)  If the professional conduct committee considers the action necessary to protect the public during the investigation of a member or pending a hearing of the professional conduct committee, it may

(a) set limits or conditions on the practice of nursing by the member, or

(b) suspend the registration of the member.

(2)  If the professional conduct committee acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal the decision to the Supreme Court.

(3)  A decision under subsection (1) is not effective until the earlier of

(a) the time the member receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register of the association.

(4)  If the professional conduct committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing as soon as possible.

(5)  A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 45 respecting an appeal from a decision of the board of directors apply to an appeal under this section.

 Criminal Records Review Act

39.1  (1)  If a member fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that a member presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the professional conduct 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 nursing by the member or whether to suspend or cancel the registration of the member.

(2)  A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and for these purposes, the provisions of section 45 respecting an appeal from a decision of the board of directors apply to an appeal under this section.

 Delay of proceedings

40  (1)  If a medical practitioner certifies that

(a) the receipt of a notice of suspension under section 39 (2),

(b) the receipt of a citation under section 33, or

(c) the holding of a hearing following service of a citation

would reasonably be expected to worsen a mental condition suffered by the member affected, the board of directors may order that no further action be taken in respect of the member until it has been approved by a medical practitioner.

(2)  The board of directors must give notice that an order has been made under subsection (1) to delay proceedings against the member referred to in subsection (1)

(a) if a committee has been appointed under the Patients Property Act to manage the affairs of the member, to the committee, or

(b) to the nearest known relative of the member.

 Procedure

41  (1)  On a hearing or on an appeal under section 44, the professional conduct committee or the board of directors and the person whose conduct is the subject of inquiry have the right to be represented by counsel and to submit evidence.

(2)  On a hearing by the professional conduct committee

(a) the testimony of witnesses must be taken under oath,

(b) the presiding chair of the panel of the professional conduct committee may administer the oath, and

(c) there must be full right of cross examination.

(3)  If the person whose conduct is the subject of inquiry does not attend the hearing, the professional conduct committee may, on proof, by affidavit or otherwise, of service of the citation under section 33, proceed with the inquiry in the absence of the person whose conduct is the subject of inquiry and, without further notice to that person, take any action it is authorized to take under this Act.

(4)  The professional conduct committee may cause the evidence before it or any part of the evidence to be taken down in shorthand or other similar method and transcribed.

(5)  The presiding chair of the panel of the professional conduct committee may administer an oath to the stenographer or person employed.

 Finding by professional conduct committee

42  (1)  The professional conduct committee may, before or after a hearing under section 33,

(a) inform the member that the member is exonerated of wrongdoing, or

(b) dismiss the citation.

(2)  After a hearing under section 33, the professional conduct committee may do any of the following:

(a) determine that the member is or has been guilty of

(i)  incompetence,

(ii)  conduct contrary to the ethical standards of the profession of nursing,

(iii)  a breach of this Act, the rules or the bylaws, or

(iv)  fraud or misrepresentation in obtaining membership, or renewal or reinstatement of membership, in the association;

(b) determine that the member is suffering from a physical or mental condition or an addiction to alcohol or drugs that impairs the member's ability to practise nursing;

(c) make another disposition of the citation it considers proper.

 Disciplinary action

43  (1)  After making a decision under section 42 (2), the professional conduct committee may do any or any combination of the following:

(a) reprimand or censure the member;

(b) suspend the membership of the member for the period of time, either definite or indefinite, and on the terms and conditions the professional conduct committee in its discretion thinks proper;

(c) impose conditions on the continuance of the membership of the member;

(d) terminate the member's membership by striking the member's name from the register.

(2)  The professional conduct committee, if it considers it proper, may suspend its decision on the terms and for the period it considers proper.

(3)  A decision of the professional conduct committee under sections 42 and 43 must be in writing and must contain or be accompanied by the reasons for the decision, in writing.

(4)  The professional conduct committee must, within 30 days of the date of a decision made under this section or section 42, serve the member and the complainant referred to in section 44 (1) (d) with

(a) a copy of the decision and the reasons, and

(b) notice of the right to appeal under section 44.

(5)  Service under subsection (4) must be made personally or by registered mail.

(6)  The professional conduct committee may cancel or reduce the severity of a term or condition imposed under subsection (1).

 Appeal to board of directors

44  (1)  A person may appeal a decision to the board of directors if the person

(a) has been refused examination by the board of examiners,

(b) has, under section 19, had

(i)  the person's application for renewal of membership refused, or

(ii)  terms or conditions placed on the renewal,

(c) has been the subject of a decision by the professional conduct committee under sections 42 or 43, or

(d) made a complaint to the association that resulted in a decision by the professional conduct committee under section 42 or 43.

(2)  An appeal under this section must be commenced by serving the chair of the board of directors or, if the chair cannot be served, by serving another director with a notice of appeal within 15 days after the day on which the person appealing is served with the decision appealed from.

(3)  On request of a person who wishes to appeal and on payment of a fee equivalent to that charged for transcripts in the Supreme Court, the body that made the decision appealed from must provide the person and the board of directors with

(a) a certified copy of the transcript, if any, of the proceedings before it, and

(b) copies of all records and materials on which the decision was based.

(4)  On an appeal, the board of directors must consider the transcript, if any, and the records referred to in subsection (3), but may receive and consider other evidence.

(5)  On the hearing of an appeal under this section, the board of directors may do any of the following:

(a) make an order confirming, reversing or varying the decision appealed from;

(b) refer the matter back to the body that made the decision appealed from with or without directions;

(c) make the order it considers proper in the circumstances.

(6)  A person who participated in a decision that is being appealed under this section must not take part in the hearing of the appeal before the board of directors.

 Appeal to Supreme Court

45  (1)  A person who, following an appeal to the board of directors under section 44 (1) (c) or (d), is aggrieved or adversely affected by an order or decision of the board, may appeal to the Supreme Court within 30 days after the date of the order or decision.

(2)  The appellant must file a notice of appeal with the registrar of the court and must serve a copy of the notice of appeal on the chair of the board of directors or any other director, within the time limited under subsection (1).

(3)  The board of directors, on the request of the appellant, must provide to the appellant certified copies of all records and materials relied on by the body that made the order or decision appealed from, on payment for copies at the same rate as would be charged for the same service by an official stenographer of the court.

(4)  The appeal is

(a) a new hearing if there is no transcript, or

(b) a review of the transcript and proceedings if there is a transcript.

(5)  Despite subsection (4) (b), if the court considers it necessary in the interests of justice, the court may conduct a new hearing or allow the introduction of new evidence.

(6)  The board of directors is entitled to be a party on the hearing of the appeal and may take part in the proceedings.

(7)  The Supreme Court Rules apply with respect to the procedure on an appeal under this section.

(8)  The court may give the directions it considers necessary to ensure the proper hearing of the appeal.

(9)  On the hearing of an appeal under this section, the court may do any of the following:

(a) make an order confirming, reversing or varying the order or decision appealed from;

(b) refer the matter back to the board of directors with or without directions;

(c) make the order it considers proper in the circumstances.

 Costs

46  The professional conduct committee may order a member concerning whom an action has been ordered under section 43 to pay all or part of the reasonable expenses incurred by the association in the investigation or hearing preceding that decision.

 Effect of suspension

47  If a person is suspended, the board of directors must make a notation of the terms and duration of the suspension in the register, and throughout the period of the suspension the person is deemed not to be a member except for the purposes of an investigation or inquiry under section 30 and resulting disciplinary proceedings.

 Effect of termination or resignation

48  (1)  If a person's membership is terminated by failure to pay the annual fee before March 1, or if a member resigns, and

(a) the professional conduct committee is at that time conducting a preliminary investigation or an inquiry into the conduct of that person, or

(b) the board of directors decide at a later date that grounds exist for a preliminary investigation or an inquiry by the professional conduct committee into the conduct of that person,

the board of directors may require that the preliminary investigation or inquiry into the conduct of that person be concluded or that a preliminary investigation or inquiry into the conduct of that person be conducted by the professional conduct committee, before permitting that person's name to be entered again on the register.

(2)  For the purposes of this section and a preliminary investigation or an inquiry under it, a former member is deemed to be a member, but has none of the rights or privileges of a member and is not deemed to be a registered nurse.

 Continuation of member of professional conduct committee

49  (1)  If a hearing is begun under section 33, and the term of office on the professional conduct committee of a member sitting for the hearing expires or ends before the proceeding is disposed of and after evidence has been heard, the member remains a member of the professional conduct committee for the purpose of completing the disposition of the proceeding.

(2)  The member is not, for any other purpose, a member of the professional conduct committee beyond the date of expiry or termination.

 Suspension, termination without hearing

50  (1)  On proof that a member has been convicted of an indictable offence, the board of directors may, without reference to the professional conduct committee, summarily order the suspension of the member or the termination of the member's membership.

(2)  If the board of directors has suspended a member or terminated the member's membership under subsection (1), the member may apply to the Supreme Court for a stay of the order pending an inquiry under section 33.

(3)  The court may dispose of an application under subsection (2) as it considers proper and may impose the terms and conditions it considers appropriate.

 Protection against liability

51  No liability is incurred by the association, the board of directors or the professional conduct committee or by a committee or member of those bodies or by an officer, employee, agent or appointee of the association, for an act done or omitted in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, a rule, the constitution or a bylaw or for neglect or default in the performance or exercise in good faith of that duty or power.

 Confidential information

52  A person who, in the course of carrying out the person's duties under this Act, obtains information, files or records that are submitted in accordance with a request or obligation under this Act, must not disclose the information, files or records to any person other than for the purposes of carrying out the person's duties under this Act, the constitution and bylaws or the rules or if required by law.

 Offence

53  (1)  A person who contravenes section 21, 23, 27 (1) or 52 commits an offence.

(2)  Section 5 of the Offence Act does not apply to this Act or to the bylaws or the rules.

 Proof of membership

54  In a prosecution or proceeding under this Act, the production of an affidavit of the executive director of the association or a member of the board of directors, in which statements are sworn respecting the membership under this Act of a person who is the subject of the prosecution or proceeding, is sufficient proof of those statements in the absence of evidence to the contrary.

 Exemptions

55  Sections 10 to 12 of the Employment Standards Act do not apply to the association or to a placement service for its members operated by it or to a member of the association utilizing the service.