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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act Respecting the Paramedic Association of New Brunswick *
 
Legislature :
55
Session :
3
Bill No. :
66
Member :
Mr. Stiles
First Reading :
2006-5-11
Second Reading :
2006-6-13
Committee of the Whole :
Amended :
Third Reading :
2006-6-13
Royal Assent :
2006-6-22
Download PDF :
  Bill 66         
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Text of Bill :
WHEREAS the Paramedic Association of New Brunswick Inc. prays that it be enacted as hereinafter set forth;



AND WHEREAS it is desirable, in the interests of the public and the members of the Paramedic Association of New Brunswick Inc., to continue the Paramedic Association of New Brunswick Inc. as a body corporate for the purpose of advancing and maintaining the standard of paramedic service in the Province, for governing and regulating paramedic services provided to the public and providing for the welfare of members of the public and members of the Paramedic Association of New Brunswick Inc.;



THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



SHORT TITLE

1This Act may be cited as the "Paramedic Act".



PART I — INTERPRETATION

DEFINITIONS

2(1)In this Act, unless the context otherwise requires



"Act" means the Paramedic Act; (Loi)



"Association" means the Paramedic Association of New Brunswick continued by section 3; (Association)



"Board" means the Board of Directors of the Association constituted under section 4; (Conseil)



"Court" means a Judge of The Court of Queen's Bench of New Brunswick; (Cour)



"Executive Director" means the person holding the office of Executive Director under subsection 9(1); (directeur général)



"health professional" means a person who provides a service related to:



(a)the preservation or improvement of the health of individuals, or



(b)the diagnosis, treatment or care of individuals who are injured, sick, disabled or infirm,



and who is regulated under a private Act of the Legislature with respect to the provision of the service and includes a social worker registered under the New Brunswick Association of Social Workers Act, 1988; (professionnel de la santé)



"incapacity" means a physical or mental condition or disorder, suffered by a member, of such nature and extent that it is desirable in the interests of the public or the member that the member no longer be permitted to practise as a paramedic or that the member's practice as a paramedic be suspended or subjected to conditions, limitations or restrictions; (incapacité)



"incompetence" means acts or omissions on the part of a member, in the member's practice, that demonstrate a lack of knowledge, skill or judgment, or disregard for the interests of the recipient of the member's services of such a nature and to such an extent as to render the member unfit to carry on the practice of a paramedic or to carry on the practice without conditions, limitations or restrictions; (incompétence)



"licence" means a licence to practice paramedicine issued under this Act; (permis)



"member" means a paramedic and a person whose name is entered in the temporary register or in any of the rosters established and maintained pursuant to the Act, by-laws and rules; (membre)



"Minister" means the Minister of Health and Wellness; (Ministre)



"paramedic" means a person whose name is entered in the register kept pursuant to paragraph 10(1)(a); (travailleur paramédical)



"paramedicine", "practice of paramedicine" and "paramedic practice" means any professional service usually performed by a paramedic and includes the evaluation and treatment of persons in situations of illness and injury in accordance with the professional training and education of a paramedic, the management of emergency and non-emergency public safety and healthcare situations and the independent delivery of healthcare by a paramedic in mobile, community, out of hospital or clinical settings, coordinated with physicians, nurses and other health professionals in accordance with the unique body of knowledge of paramedicine based on and partly shared with other health professions; (profession de travailleur paramédical)



"prescribed" means prescribed by by-laws or rules made under the Act by the Board; (arrêté)



"professional misconduct" means the acts or omissions specified in this Act as constituting professional misconduct and includes:



(a)a member having plead guilty to or been found guilty of an offence that, in the opinion of the Discipline Committee or Fitness to Practise Committee, is relevant to the member's suitability to practice,



(b)the governing body of a health profession in a jurisdiction other than New Brunswick having found that a member committed an act of professional misconduct that would, in the opinion of the Discipline Committee or the Fitness to Practise Committee, constitute professional misconduct under this Act, the by-laws or the rules,



(c)digression from established or recognized professional standards or rules of practice of the profession,



(d)an act of professional misconduct as defined in the by-laws,



(e)violation or failure to comply with this Act, the by-laws or the rules,



(f)violation or failure to comply with a term, condition or limitation imposed on the member's licence or certificate of registration,



(g)failure to submit to an examination ordered by the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee,



(h)sexual abuse of a patient, or



(i)failure to file a report pursuant to section 30; (inconduite professionnelle)



"register" means the register kept pursuant to paragraph 10(1)(a); (registre)



"Registrar" means the person holding the office of Registrar under subsection 9(2); (registraire)



"registration" means the entry of the name of a person in a register; (immatriculation)



"rosters" means the rosters kept pursuant to paragraph 10(1)(d); (tableaux)



"specialist" means a paramedic whose name is entered in the specialists register and who is the holder of a specialists registration certificate issued pursuant to the Act, by-laws or rules; (spécialiste)



"specialists register" means the register kept pursuant to paragraph 10(1)(c); (registre des spécialistes)



"temporary register" means the register kept pursuant to paragraph 10(1)(b). (registre provisoire)



2(2)The words, initials or expressions "paramedic", "primary care paramedic", "advanced care paramedic", "critical care paramedic", "emergency medical technician", "EMT", "PCP", "ACP", "CCP" or any like words, initials or expressions used alone or in combination with other words or expressions connoting a person recognized by law as a paramedic or person entitled to carry on the practice of paramedic or connoting a member of the Association, when used in any provision of an Act of the Legislature or any regulation, rule, order or by-laws made under an act of the Legislature, enacted or made before, at or after the commencement of the Act or when used in any public document, shall be read as including a person whose name is entered in the register or the temporary register as a paramedic.



PART II — THE ASSOCIATION

ASSOCIATION CONTINUED

3The Paramedic Association of New Brunswick Inc., a body corporate incorporated by Letters Patent dated October 30, 1998 issued pursuant to the Companies Act, chapter C-13 of the Revised Statutes, 1973, is hereby continued as a body corporate and politic without share capital under the name "Paramedic Association of New Brunswick" and subject to the Act, has the capacity, rights, powers and privileges of a natural person.



BOARD OF THE ASSOCIATION

4(1)A Board of the Association consisting of not less than nine and not more than fifteen directors shall be responsible for the administration of the Act and shall control, govern and manage, or supervise the control, government and management of the business and affairs of the Association and all aspects of the practice of paramedicine.



4(2)The number of directors, their respective terms of office, the manner of their appointment or election and their qualifications shall be established and governed by the by-laws of the Association and such by-laws may provide for alternate directors, for the filling of vacancies and for the appointment of additional directors.



4(3)Two directors, who shall not be members of the Association, shall be appointed to represent the public by the Minister.



4(4)The powers, duties and operations of the Board are not affected in any way by



(a)the fact that an appointment has not been made pursuant to subsection (3),



(b)the resignation, death or disqualification of a director appointed pursuant to subsection (3), or



(c)the failure, for any reason, of a director appointed pursuant to subsection (3), to attend any meeting of the Board or to participate in the manner contemplated by sections 41 and 42.



BY-LAWS

5(1)Unless the Act or by-laws otherwise provide the Board may by resolution make, amend or repeal by-laws regulating the business or affairs of the Association and the practice of a paramedic and without restricting the generality of the foregoing,



(a)governing and regulating



(i)the admission, suspension, expulsion, removal, discipline and reinstatement of members, the conditions precedent and continuing conditions of membership in the Association;



(ii)the registration and renewal, suspension, cancellation, and reinstatement of registration of paramedics, including the imposition of limitations, restrictions and conditions on any registration issued or granted pursuant to the Act; and



(iii)the registration or membership of persons having significant experience but not having educational qualifications usually required for registration or membership;



(b)establishing one or more categories of membership, determining the rights, privileges and obligations of the members of each category and dividing the register into parts with respect to such categories;



(c)approving or accrediting schools, courses of study or educational programs in paramedicine;



(d)creating and organizing local regions, academies, chapters or other subsections of the Association and governing the management of such subsections;



(e)determining the method of setting fees payable to the Association annually or otherwise, including without limiting the foregoing, fees for admission, membership, registration, insurance and testing or examinations and providing for the collection thereof;



(f)providing for the election or appointment, removal and remuneration of and establishing the powers and duties of officers, officials, employees and agents of the Association or the Board;



(g)creating and governing committees for the carrying out of the business and affairs of the Board and the Association and for regulating and governing the practice of paramedicine carried on by its members;



(h)delegating to officers, officials, employees or committees any of the duties, powers and privileges of the Board, except the power to make, amend or repeal by-laws;



(i)fixing and regulating the quorum, time, place, calling, conduct and business of annual, special and general meetings of the Association, the Board and committees of the Association or the Board, establishing the method of voting by any means and establishing the qualifications of persons entitled to vote thereat;



(j)developing, establishing, maintaining and administering



(i)standards for education programs leading to registration and for continuing education and the participation therein of paramedics,



(ii)standards for the practice of paramedics,



(iii)Rules of Ethics or Conduct for paramedics, and



(iv)standards of education and experience for the general or specialized practice of paramedics, including standards for specialty courses leading to qualification as a specialist;



(k)developing, establishing, prescribing, maintaining, administering and regulating



(i)the education and other qualifications and standards required of students,



(ii)standards for students and the duties, tasks, services and functions that may be performed by students and the conditions under which they may be performed,



(iii)if considered necessary by the Board, methods of and requirements for the registration of students and for the suspension, restriction or cancellation of the same including methods for setting fees or dues payable to the Association by students and providing for the collection thereof, and



(iv)the duties, tasks, services and functions that the students are prohibited from performing;



(l)defining classes of specialists in the various branches of paramedicine and



(i)dividing the specialists register into parts representing the classes of specialists as defined by by-law,



(ii)prescribing the qualifications required for registration in the specialists register and for the issuance of a specialists registration certificate,



(iii)providing for the renewal, cancellation, suspension, revocation and reinstatement of any registration in the specialists register and the imposition of limitations, restrictions and conditions on any specialist's registration,



(iv)providing for the regulation and prohibition of the use of terms, titles or designations indicating specialization in any branch or field of paramedics, and



(v)prescribing the duration of registrations in the specialists register;



(m)respecting and governing the management and disposition of trust, charitable or benevolent funds committed to the care of the Association;



(n)setting the fiscal year of the Association determining the place where the head office of the Association shall be located and the place or places where other offices of the Association shall be located;



(o)determining the aspects, subjects or matters of the business and affairs of the Association and the practice of paramedics that may be regulated and governed by rules of the Board;



(p)authorizing the making of co-operative or affiliation arrangements with any institution, organization or professional body in any jurisdiction;



(q)requiring any member, licensee or holder of a certificate of registration to have as a condition of registration professional liability insurance and prescribing the amounts of such insurance;



(r)respecting and governing such other subjects, matters and things as the Board considers appropriate to administer the Act or to advance or protect the interests of the public, the Association or the members;



and subject to subsections (3) and (4) such by-laws shall be valid, binding and effective from the date they are passed by the Board.



5(2)Any amendment or repeal of a by-law by the Board shall be made by by-law.



5(3)By-laws relating to matters described in paragraphs 1(a), (b), (f), (j), (l), (o) and (q) shall not be effective or be acted upon until confirmed by an ordinary resolution at an annual, special or general meeting of the Association and where a by-law is amended by ordinary resolution at such meeting it becomes effective in the form in which it is amended.



5(4)By-laws relating to



(a)admission of members and the conditions precedent of membership in the Association described in subparagraphs 1(a)(i) and (ii); and



(b)matters described in subparagraph 1(a)(iii) and paragraphs 1(b), (c), (j), (k), (l) and (q);



shall not be effective or be acted upon until approved by the Minister.



5(5)The Board may, from time to time, in such amounts and on such terms as it considers expedient



(a)borrow money upon the credit of the Association;



(b)issue, reissue, sell or pledge debt obligations of the Association;



(c)charge, mortgage, hypothecate, pledge or otherwise create a security interest in all or any currently owned or subsequently acquired, moveable or immoveable property of the Association, to secure any debt obligation or any money borrowed or other debt or liability of the Association; or



(d)give a guarantee on behalf of the Association to secure performance of an obligation of another person.



5(6)The Board may from time to time delegate to such one or more of the directors and officers of the Association as may be designated by the Board, all or any of the powers conferred on the Board in subsection (5), to such extent and in such manner as the Board shall determine at the time of each such delegation.



5(7)It is not necessary for a by-law to be passed in order to confer any particular power on the Association or the Board.



RULES

6(1)Unless the Act or by-laws otherwise provide, the Board may by resolution make any rules not contrary to the by-laws regulating any of the aspects, subjects or matters of the business or affairs of the Association and the practice of paramedics as may be governed by by-law and any such rule shall be valid, binding and effective from the date of the resolution of the Board until amended or repealed by an ordinary resolution at an annual, or special or general meeting of the Association called for the purpose of considering the same.



6(2)Any amendment or repeal of a rule by the Board shall be made by a rule.



7No act or thing done in reliance on, or right acquired under or pursuant to, a by-law or rule that is subsequently repealed or amended shall be prejudicially affected by such repeal or amendment.



PUBLIC ACCESS TO BY-LAWS AND RULES

8All the by-laws and rules of the Association or the Board shall be available for inspection by any person at the head office of the Association at all reasonable times during business hours, free of charge.



EXECUTIVE DIRECTOR/REGISTRAR

9(1)The Board may appoint an Executive Director of the Association who shall hold office during the pleasure of the Board.



9(2)The Board shall appoint a Registrar who must be a paramedic and who shall hold office during the pleasure of the Board.



9(3)The Executive Director shall at all times be subject to the directions of the Board.



9(4)The offices of Registrar and Executive Director may both be held by one person at the same time.



9(5)There shall be an executive committee of the Board composed of members of the Board, that, between meetings of the Board or at such other times as may be prescribed, may carry out any of the duties and exercise any of the powers and privileges of the Board, and the executive committee shall carry out such other duties as may be assigned to it from time to time by the Board, the by-laws or the rules.



9(6)The number of members of the executive committee, their respective terms of office, the manner of their appointment or election and their qualifications shall be established and governed by the by-laws.



PART III — REGISTRATION AND MEMBERSHIP

REGISTRATION



10(1)The Registrar shall keep or cause to be kept



(a)a register in which shall be entered the name and address of every person who has met the qualifications for registration as a paramedic pursuant to the Act, by-laws and rules;



(b)a temporary register in which shall be entered the name and address of every person who is permitted to use the designation paramedic and to carry on the practice of a paramedic in the Province under such circumstances, conditions, limitations and restrictions and for such temporary and limited periods of time as are set out in the by-laws and rules;



(c)when directed by the by-laws, a specialists register in which shall be entered the name, address, qualifications and specialty of every paramedic who is entitled to be registered in the specialists register pursuant to the Act, by-laws or rules; and



(d)rosters of members in which shall be entered the name and address of every person who is entitled to membership in any category of membership established by the by-laws, other than persons whose names are entered in the register or the temporary register.



10(2)The register may be divided into such parts as may be prescribed in which shall be entered the names of persons qualified pursuant to the by-laws and rules for such classifications and levels of registration or membership as may be prescribed.



MEMBERSHIP

11(1)Any person whose name is entered in the register as a paramedic, subject to any conditions, limitations or restrictions set out in the person's certificate, the by-laws or rules, shall be entitled to hold himself or herself out as a paramedic, to use the designations, words, letters or abbreviations indicating that the person is a paramedic as are prescribed for each category of membership in the by-laws, and is entitled to carry on the practice of a paramedic in the Province.



11(2)Any person whose name is entered in the temporary register as a paramedic shall be entitled to the privileges and rights in subsection (1) in the Province for such limited period of time, in such circumstances and subject to such conditions, limitations and restrictions as may be prescribed.



11(3)Any person who is enrolled as a student in an approved school, course of study or educational program in paramedicine may perform the tasks, duties and functions constituting part of the student's course of study, subject to such conditions, limitations and restrictions as may be prescribed.



11(4)A person whose name is entered in a roster shall be entitled to such rights and privileges and shall be subject to such obligations, conditions, limitations and restrictions as may be prescribed.



11(5)Any paramedic whose name is entered in the specialists register as a specialist and who has complied with the terms and conditions of the by-laws and rules shall be entitled to enjoy the rights and privileges set out in subsection (1) and to practise the specialty or specialties for which the specialist is registered and no other specialties, subject to any conditions, limitations or restrictions as may be prescribed or set out in the specialist's registration certificate and to use such names, designations and titles in connection with the specialist's practice as may be prescribed.



11(6)No paramedic shall practise as a specialist or hold himself or herself out as a specialist except in accordance with the Act, by-laws and rules.



11(7)No paramedic shall engage in the private practice of paramedicine without first providing the Registrar with proof of valid professional liability insurance in the minimum amount required by the by-laws and providing proof of renewal of such insurance each year thereafter.



REMOVAL FROM REGISTER

12(1)The Registrar shall remove or cause the removal of the name of any person from the register, the temporary register, the specialists register or one or more of the rosters, who fails to meet or maintain the qualifications and standards for entry in such register or rosters.



12(2)The registration of a paramedic shall terminate and cease to have effect when the paramedic's name is removed from the register.



EMPLOYER OBLIGATIONS

13(1)Every person who engages a person as a paramedic and every agency or registry that procures employment or work for a person as a paramedic



(a)shall ensure at the time of engagement or employment, and if such engagement or employment is continuing, once each year thereafter, that the person is the holder of a current certificate of registration issued pursuant to the Act and by-laws and is not engaged to perform duties and functions contrary to any conditions, limitations or restrictions imposed on the person's registration; and



(b)where a person's engagement as a paramedic is terminated because of dishonesty, incompetence or incapacity, shall forthwith report the matter to the Association and provide a copy of the report to the person whose engagement is terminated.



13(2)No person making a report pursuant to paragraph (1)(b) shall be subject to liability as a result of making such a report unless it is proved that the report was made maliciously.



ANNUAL REGISTRATION

14(1)The Registrar shall issue or cause to be issued annually or at such other times as may be set out in the rules a licence or certificate of registration or a validation seal to be affixed to a previously issued licence or certificate to persons whose names are entered in the register, specialists register or temporary register, and each such licence, certificate or validation seal shall remain the property of the Association, shall state the date on which it expires and any conditions, limitations or restrictions imposed on the registration of the person in respect of whom the licence, certificate or validation seal is issued.



14(2)No person shall be entitled to have their name entered in the register, specialists register or temporary register or to receive a licence, certificate or validation seal unless such person



(a)has paid all applicable prescribed fees, and



(b)has satisfied the requirements for registration as may be prescribed.



14(3)Every member, licensee or holder of a certificate of registration who offers or provides to the public, services that are within the practice of paramedicine shall comply with the requirements of the by-laws relating to professional liability insurance.



14(4)Any person who was entitled to practise as a paramedic or entitled to use any designation indicating membership in a paramedic association or society under the laws governing or concerning the practice of paramedics in any other jurisdiction and who has been suspended from or otherwise restricted in or disqualified from practising as a paramedic or using any such designation in another jurisdiction by reason of incapacity, professional misconduct, dishonesty or incompetence shall not be entitled to apply for registration or to be registered under the provisions of the Act until such time as the suspension, restriction or disqualification has been removed in the other jurisdiction.



REGISTRAR'S CERTIFICATE

15A certificate purporting to be signed by the Registrar respecting the records of the Association or the registration of a person is, without proof of the Registrar's appointment, authority or signature, admissible in evidence in any proceeding as prima facie proof of the facts set out in the certificate relating to the registration of that person or lack thereof and any condition, limitation or restriction in respect of the registration of that person.



PART IV — OFFENCES AND ENFORCEMENT

PROHIBITION

16(1)Except as provided in the Act, by-laws or rules, no person other than a person whose name is entered in the register or the temporary register shall



(a)publicly or privately, whether or not for hire, gain or hope of reward hold himself or herself out in any way as being a paramedic or as being entitled to practise as a paramedic;



(b)assume or use any title, name, designation, initials or description, including those referred to in the Act, that could lead the public to believe that person is a member of the Association or a paramedic; or



(c)practise as a paramedic.



16(2)Any person authorized to practise as a paramedic or hold himself or herself out as a paramedic or specialist under the provisions of the Act who practises as a paramedic in violation of any condition, limitation or restriction imposed upon the person's registration or membership or who fails to inform his or her employer of any such condition, limitation or restriction commits an offence.



OFFENCES

17Any person who knowingly furnishes false or misleading information in or in respect of any application made under the Act, by-laws or rules or in any statement or return required to be furnished under the Act, by-laws or rules, commits an offence.



FINES/PROSECUTION

18(1)A person who violates any provision of the Act commits an offence and is liable on summary conviction to a fine not less than



(a)$1,000 for a first offence;



(b)$5,000 for a second offence; or



(c)$10,000 for a third or subsequent offence



or to imprisonment for a term not exceeding six months, or both; and upon failure to pay a fine imposed under paragraph (a), (b) or (c), to imprisonment for a term of not more than six months.



18(2)All fees, fines and penalties payable under the Act shall be paid to the Association and belong to the Association.



18(3)Any information to be laid under the Act may be laid by the Registrar of the Association or any member of the Association authorized by the Board.



18(4)The Board may institute and carry on or authorize any person to institute or carry on the prosecution of any offence under the Act.



INJUNCTION - MEMBER

19Where a member or former member or an applicant for registration does or attempts to do anything contrary to the provisions of the Act, by-laws or rules, the doing of such thing may be restrained by an injunction of The Court of Queen's Bench of New Brunswick at the instance of the Board acting in the name of the Association.



INJUNCTION - NON MEMBER

20Where any person other than a person described in section 19 does or attempts to do anything contrary to the provisions of the Act, the doing of such thing may be restrained by an injunction of The Court of Queen's Bench of New Brunswick at the instance of the Board acting in the name of the Association.



PROSECUTION

21(1)No prosecution by the Association or any other person for an offence under the Act shall be commenced after the expiration of one year from the date of the last act that is part of the alleged offence.



21(2)Where a violation of any provision of the Act continues for more than one day, the offender is guilty of a separate offence for each day that the violation continues.



21(3)For the purposes of the Act, proof of the performance of one act in the practice of paramedicine on one occasion is sufficient to establish that a person has engaged in the practice of paramedicine.



EXEMPTIONS

22Nothing in the Act applies to or prevents



(a)the practice of medicine by a person authorized to carry on such practice under the provisions of the Medical Act;



(b)the practice of nursing or the practice of a nurse practitioner by a person authorized to carry on such practice under the provisions of the Nurses Act;



(c)the practice of any profession or occupation by a person authorized to carry on such practice under the provisions of any federal or provincial act respecting emergency measures;



(d)the carrying out of specific tasks constituting part of the practice of paramedicine by persons authorized under the by-laws of the Association and under the supervision and control of a paramedic;



(e)the carrying on of any occupation, calling or profession by a person authorized to carry on such occupation, calling or profession by any public or private Act of the Legislature;



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



(g)the practice of paramedicine in New Brunswick or the recovery of fees or compensation for professional services rendered as a paramedic by a person entitled to practise as a paramedic in another jurisdiction and whose engagement requires the paramedic to accompany and care for a patient temporarily residing in New Brunswick during the period of engagement if that person does not represent himself or herself as being entitled to practise paramedicine under the provisions of this Act;



(h)the carrying on of police services by a person authorized to carry on such occupation under the provisions of the Police Act;



(i)the provision of services by any person who is a firefighter or emergency medical responder authorized to provide such services provided such person does not represent himself or herself as a paramedic or as being entitled to practise paramedicine under the provisions of this Act;



(j)the practice of radiological technology by persons registered under the Medical Radiation Technologists Act;



(k)the provision of services by a serving member of the Canadian military or a civilian employee of the Canadian military as part of his or her employment provided such person does not represent himself or herself as a paramedic or as being entitled to practise paramedicine under the provisions of this Act.



PART V — DISCIPLINE AND FITNESS TO PRACTISE

COMPLAINT

23(1)In this Part "complaint" means any complaint, report or allegation in writing and signed by the complainant regarding the conduct, actions, competence, character, fitness, health or ability of a member and a request referred to in subsection (2) and "member" includes former member, and any person whose name is or was entered in any register or roster of the Association.



23(2)In the absence of a complaint, if the Registrar or the Board has reason to believe that the conduct or actions of a member may constitute professional misconduct, incompetence or incapacity, the Registrar or the Board may request the Complaints Committee to investigate the member.



23(3)Upon receiving a complaint referred by the Registrar or a request from the Registrar or the Board, the Complaints Committee shall investigate the matter raised by the complaint or in the request.



23(4)For all purposes under this Act the complaint referred to in and to be dealt with in accordance with the Discipline and Fitness to Practise provisions of the Act, by-laws and rules is the original complaint defined in subsection (1) and there shall be no requirement that any person prepare any summary of the complaint or any charges with respect to such complaint.



COMPLAINTS COMMITTEE

24(1)The Board shall cause an investigation to be carried out by the Complaints Committee of every complaint received, if the complaint in substance alleges that a member



(a)has been guilty of



(i)professional misconduct;



(ii)conduct unbecoming a member including any conduct that might adversely affect the standing or good name of the profession or the Association;



(iii)incompetence;



(iv)conduct demonstrating that the member is unfit or incapable to practise as a paramedic;



(v)any conduct in breach of the provisions of the Act, by-laws or rules;



(vi)dishonesty; or



(vii)any habit rendering the member unfit or incapable of carrying on the practice of a paramedic; or



(b)is suffering from any ailment or condition rendering the member unfit or incapable of carrying on the practice of a paramedic.



24(2)All complaints against a member received by the Association or the Board shall be delivered forthwith by the Registrar to the Chairperson of the Complaints Committee and a copy of the same shall immediately be forwarded to the member.



24(3)The Board shall maintain a standing committee known as the Complaints Committee, which in this section and section 25 is referred to as the "Committee".



24(4)The Committee shall be composed of paramedics, and at least one person who is not a member shall be appointed to represent the public by the Board and none of the Committee members shall be a director of the Association or a member of the Discipline Committee or Fitness to Practise Committee.



24(5)The quorum, number of Committee members, their terms of office, qualifications and the manner of their appointment shall be established and governed by the by-laws and the by-laws may regulate the procedures, functions and operations of the Committee and may permit the establishment of panels of the Committee to act for and to carry out and exercise all the duties and powers of the Committee.



24(6)The Board shall appoint one of the members of the Committee who shall be a paramedic to be the Chairperson of the Committee.



24(7)The Board shall advise the Minister of the name of the lay representative appointed under subsection (4).



24(8)The Committee shall



(a)consider and investigate all complaints delivered to it, and



(b)perform such other duties as may be assigned to it by the Board, the by-laws or rules.



24(9)The Committee shall consider all evidence and in this section the term evidence includes but is not necessarily limited to documents, information and oral submissions which may be presented to the Committee.



24(10)The Committee may engage such persons it considers necessary including legal counsel to assist it in the consideration and investigation of complaints and shall, subject to the by-laws and rules, determine its own rules of procedure.



24(11)The Committee may, at any time following the receipt of a complaint, subject to such restrictions and procedures as may be prescribed, attempt to informally mediate and resolve a complaint.



24(12)Any member against whom a complaint has been made shall be entitled to



(a)prompt notice that a complaint has been received by the Committee or that the Board has caused an investigation to be commenced by the Committee and a copy of the complaint;



(b)copies of all reports, documents and evidence presented to the Committee in writing concerning the complaint, other than privileged documents; and



(c)at least fourteen days' notice of the first meeting of the Committee called to consider the complaint, which notice shall be accompanied by copies of all reports, documents and evidence in writing concerning the complaint, other than privileged documents, then in the possession of the Committee, and the opportunity after such notice to submit to the Committee in writing any explanation, evidence, documents or representation the member may wish to make concerning the complaint or investigation.



24(13)Where the Committee has reasonable grounds to believe that a member who is the subject of an investigation is incapacitated, the Committee may require the member to submit to physical or mental examinations or both by one or more qualified persons selected by the Committee and, subject to subsection (15), may make an order directing the Registrar to suspend the member's certificate of registration until the member submits to the examinations.



24(14)Where the Committee has reasonable grounds to believe that a member who is the subject of an investigation is incompetent, the Committee may require the member to submit to such examinations as the Committee may require in order to determine whether the member has adequate skill and knowledge to practise paramedicine and, subject to subsection (15), may make an order directing the Registrar to suspend the member's certificate of registration until the member submits to the examinations.



24(15)No order shall be made by the Committee under subsection (13) or (14) with respect to a member unless the member has been given



(a)notice of the intention of the Committee to make the order, and



(b)at least ten days to make written submissions to the Committee after receiving the notice.



24(16)Any person who conducts an examination under this section shall prepare and sign an examination report containing his or her findings and the facts on which they are based and shall deliver the report to the Committee.



24(17)The Committee shall forthwith deliver a copy of the examination report to the member who is the subject of the investigation.



24(18)A report prepared and signed by a person referred to in subsection (16) is admissible as evidence at a hearing without proof of its making or of the person's signature if the party introducing the report gives the other party a copy of the report at least ten days before the hearing.



24(19)The Committee, at any time after requiring a member to submit to examinations under this section, may refer the matter of the member's alleged incapacity or incompetence to the Discipline Committee or the Fitness to Practise Committee.



24(20)A member who fails to submit to an examination under subsection (13) or (14) commits an act of professional misconduct.



24(21)After the completion of an investigation of a complaint and after considering the submission of the member and considering or making a reasonable attempt to consider all documents and information it considers relevant to the matter, the Committee may



(a)direct that no further action be taken if, in the opinion of the Committee, the complaint is frivolous or vexatious or there is insufficient evidence of professional misconduct, incompetence or incapacity,



(b)refer allegations of professional misconduct, incompetence or incapacity, to the Discipline Committee or the Fitness to Practise Committee,



(c)caution the member, or



(d)take such other action as it considers appropriate in the circumstances that is not inconsistent with this Act or the by-laws.



24(22)The Committee shall prepare a summary of its findings and its decision in writing and shall send a copy to the member and the complainant, if any, by registered or certified mail, or by courier.



24(23)Nothing in this section requires that examinations ordered under subsections (13) and (14) be carried out before the Committee acts under subsection (21).



ACTION BY COMPLAINTS COMMITTEE TO PROTECT PUBLIC

25(1)Where the Committee refers a complaint to the Discipline Committee or Fitness to Practise Committee or where the Committee considers the action necessary to protect the public pending the conduct and completion of proceedings before the Committee in respect of a member, the Committee may, subject to subsection (2), make an interim order



(a)directing the Registrar to impose specified conditions, limitations and restrictions upon the member's registration, or



(b)directing the Registrar to suspend the member's registration.



25(2)No order shall be made by the Committee under subsection (1) unless the member has been given



(a)notice of the Committee's intention to make the order, and



(b)at least ten days to make representations to the Committee in respect of the matter after receiving the notice.



25(3)Where the Committee takes action under subsection (1), the Committee shall notify the member of its decision in writing and of the reasons for the decision.



25(4)An order under subsection (1) continues in force until the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee, unless the order is stayed pursuant to an application under subsection (5).



25(5)A member against whom action is taken under subsection (1) may apply to The Court of Queen's Bench of New Brunswick for an order staying the action of the Committee.



25(6)If an order is made under subsection (1) by the Committee in relation to a complaint referred to the Discipline Committee or the Fitness to Practise Committee, the Association and the Discipline Committee or the Fitness to Practise Committee shall act expeditiously in relation to the complaint.



DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE

26(1)The Board shall maintain two standing committees known as the Discipline Committee and the Fitness to Practise Committee, which in sections 26, 27 and 28 shall be referred to as the "Committee."



26(2)Each Committee shall be composed of paramedics and at least one person who is not a member shall be appointed to represent the public by the Board and none of the Committee members shall be a director of the Association.



26(3)The quorum, number of Committee members, their terms of office, qualifications and the manner of their appointment shall be established and governed by the by-laws and the by-laws may regulate the powers, procedures, functions and operations of the Committee, may permit the establishment of panels of the Committee to act for and to carry out and exercise all the duties and powers of the Committee and may provide that members of each Committee may be members of both Committees.



26(4)The Board shall appoint one of the members of each Committee who shall be a paramedic to be the Chairperson of the Committee.



26(5)The Board shall advise the Minister of the name of the lay representative appointed under subsection (2).



26(6)Each Committee shall conduct its proceedings in accordance with its own rules of procedure and may do all things and engage such persons including legal counsel it deems necessary to provide for the hearing and consideration of any complaint and in no case is the Committee bound to follow the technical rules of evidence or procedure applicable in judicial proceedings.



26(7)Each Committee shall



(a)hold a hearing respecting the allegations of professional misconduct, incompetence or incapacity of a member that have been referred to it by the Complaints Committee,



(b)commence a hearing not later than sixty days after the date on which the last member of the Committee panel is appointed, unless the parties otherwise agree;



(c)where the Committee, in its discretion considers it appropriate, attempt to informally mediate and resolve a complaint; and



(d)perform such other duties as may be assigned to it by the Board.



26(8)Each Committee shall



(a)where a hearing is conducted, consider the complaint, hear the evidence, ascertain the facts and make a decision with respect to the merits of each complaint as to whether the member is guilty of a matter described in paragraph 24(1)(a) or is suffering from an ailment or condition described in paragraph 24(1)(b), in such manner as it deems fit;



(b)if the Committee in its absolute discretion at any time after the receipt of a complaint considers it necessary or advisable, require the member in respect of whom a complaint is made to submit to physical or mental health examinations by such qualified person or persons as the Committee may designate and if the member fails to submit to any such examination the Committee may without further notice suspend the member's registration and membership until the member does so;



(c)if the Committee in its absolute discretion at any time after the receipt of a complaint considers it necessary or advisable, require the member in respect of whom a complaint is made to undergo such clinical or other examinations as the Committee may designate in order to determine whether the member has adequate skill and knowledge to practise paramedicine and if the member fails to undergo any such examination the Committee may without further notice suspend the member's registration and membership until the member does so; and



(d)if the Committee in its absolute discretion at any time after the receipt of a complaint considers it necessary or advisable, require any member to produce records and documents in the member's possession or custody or under the member's control or in the possession or custody or control of any corporation of which the member is a director, officer or shareholder, and if the member fails to produce such records and documents the Committee may suspend the member's registration and membership until the member does so, unless the member is prohibited by law from producing such records and documents.



26(9)After reviewing all of the evidence presented to it the Committee may as part of its decision with respect to the merits of any complaint



(a)order that the member's registration or membership be suspended for a specific period of time during which the member's name shall be removed from the register, the specialists register, the temporary register or any roster in which the member's name may be entered;



(b)order that the member's registration or membership be suspended pending the satisfaction and completion of such conditions as may be ordered by the Committee;



(c)order that the member's registration or membership be revoked and the member's name be removed from the register, the specialists register, the temporary register or any roster in which the member's name may be entered;



(d)where a member's registration is revoked, specify a period of time before which the member may not apply for reinstatement;



(e)order that conditions or limitations be imposed on the member's registration, membership or practice and so inform the member's employer, if any;



(f)issue a reprimand;



(g)dismiss the complaint;



(h)impose such fine as the Committee considers appropriate, not exceeding $10,000 to be paid by the member to the Association for the use of the Association and such fine may be recovered by the Association by civil action for debt;



(i)order that the imposition of any penalty be suspended or postponed for such period of time and upon such terms and conditions as the Committee deems appropriate;



(j)order that the costs of any investigation, proceeding, hearing or appeal be paid by the member; or



(k)make such other order as it deems just, including without limitation, an order combining two or more of the orders set out in paragraphs (a) to (j).



26(10)Where a Committee makes an order under subsection (9), the Committee may, by order, do one or more of the following:



(a)direct the Registrar to give public notice of any order by the Committee that the Registrar is not otherwise required to give under this Act; or



(b)direct the Registrar to enter into the records of the Association the result of the proceeding before the Committee and to make the result available to the public.



26(11)Notwithstanding any other provision in the Act, if at any time a member admits in writing any allegation in a complaint alleging a matter set out in subsection 24(1), and the member waives in writing the right to any other or further hearing or proceedings pursuant to this Part, the Committee may agree to cancel all hearings or proceedings and may



(a)agree to accept the member's resignation on such terms and conditions as the Committee may specify, or



(b)make any order, finding or decision that may be made pursuant to sections 26 or 39.



26(12)Notwithstanding any other provision in this Act, if at any time the Committee deems it appropriate that a complaint be resolved by an alternate dispute resolution process, and the member is in agreement with the referral of the complaint to such process, the Committee may enter into an agreement with the member providing for the resolution of the complaint by an alternate dispute resolution process set out in the agreement which may provide that any order, finding or decision that may be made under this Act may be made as part of the dispute resolution.



26(13)Hearings of the Discipline Committee and the Fitness to Practise Committee shall be held in private except where the parties and the Committee consent to a public hearing.



ATTENDANCE OF WITNESS AND PRODUCTION OF RECORDS

27(1)Upon the application of



(a)any party to a hearing by the Discipline Committee or the Fitness to Practise Committee,



(b)the Chairperson of the Discipline Committee, or the Fitness to Practise Committee, or



(c)counsel for the Association, the Discipline Committee, or the Fitness to Practise Committee,



and on payment of any fees prescribed, the Registrar may sign and issue writs of subpoena ad testificandum or subpoena duces tecum in prescribed form for the purpose of procuring and compelling the attendance and evidence of witnesses and the production of things relating to matters in question before the Discipline Committee or the Fitness to Practise Committee.



27(2)The proceedings and penalties in the case of disobedience to any writ of subpoena issued hereunder shall be the same as in the case of disobedience of a Summons to Witness in civil cases in The Court of Queen's Bench of New Brunswick.



27(3)The testimony of witnesses shall be taken under oath or solemn affirmation which any member of the Discipline Committee or the Fitness to Practise Committee is authorized to administer.



27(4)For the purposes of a hearing, the members of the Discipline Committee and the Fitness to Practise Committee are conferred with the powers of a commissioner of oaths under the Commissioners for Taking Affidavits Act.



Oral evidence to be recorded

27(5)A Committee shall ensure that the oral evidence is recorded and copies of the transcript of the hearing are available to a party on the party's request and at that party's expense.



No communication by Committee members

27(6)No member of a Committee shall communicate outside the hearing, in relation to the subject matter of the hearing, with a party or the party's representative unless the other party has been given notice of the subject matter of the communication and an opportunity to be present during the communication.



27(7)The burden of proof in all proceedings before the Discipline Committee or the Fitness to Practise Committee shall be the balance of probabilities.



PROCEEDINGS BEFORE THE DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE

28(1)In all proceedings before the Discipline Committee or the Fitness to Practise Committee or on appeal, subject to Part VI, the member against whom a complaint has been made and the complainant



(a)may make a written or oral submission to the Committee before the calling of evidence and after the completion of evidence;



(b)shall receive a notice to the member against whom the complaint has been made describing the subject matter of the hearing and advising the member that the Committee may proceed with the hearing in his or her absence;



(c)may present evidence or make representations in either English or French, subject to paragraph 33(1)(b);



(d)may be represented by legal counsel, at their expense;



(e)shall be entitled, subject to paragraph 33(1)(b), to a full right to examine, cross-examine and re-examine witnesses in accordance with the rules of procedure established by the Committee;



(f)shall be entitled to receive copies of all documents presented to the Committee in connection with the complaint unless such documents are privileged by law;



(g)shall be entitled to at least fourteen days' written notice of the date of the first hearing of the Committee; and



(h)shall be entitled to receive a copy of the decision, the reasons for the decision and the penalty imposed, if any, in writing and a statement of the rights of the parties to appeal the decision to the Court.



28(2)The Committee may at any time permit the notice to the member against whom the complaint has been made to be amended to correct errors or omissions of a minor or clerical nature if it is of the opinion that it is just and equitable to do so and it may make any order it considers necessary to prevent prejudice to the member.



28(3)Subsection 21(1) does not apply to any proceeding under Part V or Part VI of the Act.



28(4)Any person whose registration, right to practise or membership is revoked, suspended, subjected to conditions, limited or restricted shall without demand forthwith deliver to the Registrar any licence, certificate of membership or registration or validation seals issued under the Act to such person.



SEXUAL ABUSE OF PATIENT

29(1)A member who sexually abuses a patient commits an act of professional misconduct.



29(2)Sexual abuse of a patient by a member means



(a)sexual intercourse or other forms of physical sexual relations between the member and the patient,



(b)touching, of a sexual nature, of the patient by the member, or



(c)behaviour or remarks of a sexual nature by the member towards the patient.



29(3)For the purposes of subsection (2), "sexual nature" does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided.



REPORTING SEXUAL ABUSE

30(1)A member who, in the course of practising the profession, has reasonable grounds to believe that another health professional has sexually abused a patient or client and who fails to file a report in writing in accordance with subsection (4) with the governing body of the health professional twenty-one days after the circumstances occur that give rise to the reasonable grounds for the belief commits an act of professional misconduct.



30(2)A member is not required to file a report pursuant to subsection (1) if the member does not know the name of the health professional who would be the subject of the report.



30(3)If the reasonable grounds for filing a report pursuant to subsection (1) have been obtained from one of the member's patients or clients, the member shall use his or her best efforts to advise the client that the member is filing the report before doing so.



30(4)A report filed pursuant to subsection (1) shall contain the following information:



(a)the name of the member filing the report;



(b)the name of the health professional who is the subject of the report;



(c)the information the member has of the alleged sexual abuse; and



(d)subject to subsection (5), if the grounds of the member filing the report are related to a particular patient or client of the health professional who is the subject of the report, the name of the patient or client.



30(5)The name of a patient or client who may have been sexually abused shall not be included in a report unless the patient or client or, if the patient or client is incapable, the patient's or client's representative, consents in writing to the inclusion of the patient's or client's name.



30(6)Subsections 29(2) and (3) apply with the necessary modifications to sexual abuse of a patient or client by another health professional.



30(7)No action or other proceeding shall be taken against a member who in good faith files a report pursuant to subsection (1).



PART VI — APPEALS

WRITTEN NOTICE

31(1)If,



(a)a complainant is dissatisfied with a decision of the Complaints Committee, the Discipline Committee, or the Fitness to Practise Committee or



(b)a member against whom a complaint has been made is dissatisfied with a decision of the Discipline Committee, or the Fitness to Practise Committee or



(c)an applicant for registration or reinstatement of registration is dissatisfied with a decision made by the person or body empowered by by-law to make such decision with respect to the application,



such person may appeal from the decision by a written notice of appeal to the Court within thirty days of the date on which notice of the decision is mailed to the last known address of such party, or within such further time not exceeding sixty days as may be allowed by the Court.



31(2)The notice of appeal shall set forth the grounds of appeal and the relief sought and shall be served upon the Registrar, the Clerk of The Court of Queen's Bench of New Brunswick for the judicial district in which the deliberations of the Committee, person or body were held and upon any other party to the proceedings before the Committee, person or body.



RECORD ON APPEAL

32(1)In any appeal under the Act the Registrar shall obtain a transcript or such other record as exists of the evidence presented to the committee, person or body from whom the appeal is taken and shall prepare and present to the Court a record on appeal consisting of the transcript or such other record as exists, all exhibits and the order or other document evidencing the decision being appealed.



32(2)The Registrar shall provide the appellant and any other person entitled by the by-laws to participate in the appeal with a copy of the record on appeal upon payment by the appellant or such other person of the costs and disbursements of producing such copy.



32(3)Members of the Complaints Committee, the Discipline Committee, the Fitness to Practise Committee or the Board are not compellable as witnesses to testify in relation to the basis on which a decision was reached, any aspect of the decision or the decision making process.



ORDER OF COURT

33(1)On appeal the Court may



(a)adjourn the proceedings or reserve the determination of the matters before it, and



(b)upon granting special leave, and only where it is shown that such evidence was not previously available, receive further evidence.



33(2)After reviewing the record on appeal and hearing the evidence or argument presented the Court may



(a)draw inferences of fact and make any finding, decision, determination or order that in its opinion ought to have been made;



(b)vary the decision appealed from;



(c)refer the matter to the Discipline Committee, the Fitness to Practise Committee or the person or body from whom the appeal is taken as the case may be for further consideration and decision;



(d)confirm the decision appealed from; or



(e)make such decision or order as it may deem appropriate.



33(3)The Rules of Court governing civil appeals to the Court of Appeal of New Brunswick which are not inconsistent with the Act shall apply with such changes as are necessary to appeals to the Court under this Part and the Association shall have standing to appear and participate in any appeals to the Court.



33(4)Notwithstanding that an appeal to the Court may have been instituted in respect of a decision or order, that decision or order shall continue to be valid and binding and no stay of proceedings may be granted prior to the hearing of the appeal.



PART VII — INVESTIGATIONS

34(1)In this Part, "member" means a member as defined in section 23.



34(2)The Registrar may appoint one or more investigators to investigate whether the acts or conduct of a member constitute an act or conduct described in paragraph 24(1)(a) or whether the member is suffering from an ailment or condition rendering the member unfit or incapable of carrying on the practice of a paramedic if the Complaints Committee has received a complaint about the member and has requested the appointment.



34(3)An employee or member of the Association may be appointed an investigator under subsection (2).



POWER TO INVESTIGATE

35(1)An investigator appointed by the Registrar may at any reasonable time, and upon producing proof of his or her appointment, enter and inspect the business premises of a member and examine anything found there that the investigator has reason to believe will provide evidence in respect of the matter being investigated.



35(2)Subsection (1) applies notwithstanding any provision in any act relating to the confidentiality of health records.



35(3)No person shall, without reasonable excuse, obstruct or cause to be obstructed an investigator while the investigator is performing his or her duties under this Act.



35(4)No person shall withhold, conceal or destroy, or cause to be withheld, concealed or destroyed, anything that is relevant to an investigation under this Act.



SEARCH WARRANT

36(1)Upon the ex parte application of an investigator, a judge of The Court of Queen's Bench of New Brunswick who is satisfied on information by oath or solemn affirmation that the investigator has been properly appointed and that there are reasonable grounds for believing that



(a)the acts or conduct of the member being investigated constitute an act or conduct described in paragraph 24(1)(a) or that the member is suffering from an ailment or condition rendering the member unfit or incapable of carrying on the practice of a paramedic, and



(b)there is in a building, receptacle or place anything that will provide evidence in respect of the matter being investigated,



may issue a warrant authorizing the investigator to enter the building, receptacle or place and search for and examine or remove anything described in the warrant.



36(2)An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force.



36(3)An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification and a copy of the warrant, upon request, to any person at that place.



36(4)A person conducting an entry or search under the authority of a warrant issued under subsection (1) who finds anything not described in the warrant that the person believes on reasonable grounds will provide evidence in respect of the matter being investigated may seize and remove that thing.



COPY AND REMOVAL OF DOCUMENTS

37(1)An investigator may copy, at the expense of the Association, a document that the investigator may examine under subsection 35(1) or under the authority of a warrant under subsection 36(1).



37(2)An investigator may remove a document referred to in subsection (1) if it is not practicable to copy in the place where it is examined or a copy is not sufficient for the purposes of the investigation and may remove any object that is relevant to the investigation, and shall provide the person in whose possession it was with a receipt for the document or object.



37(3)An investigator, where a copy can be made, shall return a document removed under subsection (2) as soon as possible after the copy has been made.



37(4)A copy of a document certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document itself.



37(5)In this section, "document" means a record of information in any form and includes any part of it.



REPORT

38An investigator shall report the results of an investigation to the Registrar in writing and the Registrar shall forward a copy of the report to the Complaints Committee.



PART VIII — GENERAL

COSTS

39(1)The Discipline Committee or the Fitness to Practise Committee may order that the costs of any investigation, proceeding, hearing or appeal pursuant to any provision of the Act, by-laws or rules be paid to any one or more of the Association or the parties, in whole or in part by the member against whom the complaint was made, except where the complaint is completely dismissed without any other decision, finding or order adverse to that member, and may make it a condition of the registration of any member that such costs be paid forthwith.



39(2)The costs payable under subsection (1) may be taxed by the registrar of The Court of Queen's Bench of New Brunswick as between solicitor and client on filing with the registrar the order as to costs and on the payment of any required fees, and judgment may be entered for such taxed costs in Form A of the Act with necessary modifications.



39(3)Before hearing an appeal the Court may order that security for costs be paid to the Association by the appellant in such amount and upon such terms as the Court may consider just.



COSTS DEFINED

40For the purposes of the Act, "costs" includes



(a)all legal and other costs, expenses and disbursements incurred by the Association, the Complaints Committee, the Discipline Committee, the Fitness to Practise Committee, the Registrar or the Board in relation to an investigation, proceeding, hearing or appeal;



(b)honoraria and expenses paid to members of the Complaints Committee, Discipline Committee, the Fitness to Practise Committee, the Registrar or members of the Board in relation to an investigation, proceeding, hearing or appeal; and



(c)the legal costs, expenses and disbursements incurred by any party to an investigation, proceeding, hearing or appeal.



MEETINGS

41The Board and any committee of the Board or of the Association may conduct meetings by telephone or other communication facilities in the manner and on the terms and conditions established by the by-laws or rules and persons participating in a meeting by such means shall be deemed to be present in person at that meeting.



RESOLUTIONS

42A resolution, report, recommendation, decision, finding or order of the Board or any committee of the Board or of the Association in writing signed by all directors or persons entitled to vote on such resolution, report, recommendation, decision, finding or order, or signed counterparts thereof, is as valid as if passed, enacted, determined or made at a meeting of the Board or such committee.

LIMITATION OF ACTION

43No action shall be brought against a member or former member for negligence or breach of contract or otherwise by reason of services requested, given or rendered, except within



(a)two years from the day when, in the matter complained of, such services terminated;



(b)two years after the person commencing the action knew or ought to have known the facts upon which the person alleges negligence or breach of contract; or



(c)where the person entitled to bring an action is, at the time the cause of action arises, a minor, a mental incompetent, or a person of unsound mind, one year from the date when such person becomes of full age, or of sound mind, or as the case may be, whichever is longer.



LIABILITY

44None of the Association, the Board, any of the committees of the Board or of the Association, or any committee or Board member, officer or employee of any of the foregoing bodies or appointee of the Registrar shall be liable for any loss or damage of any kind suffered or incurred by any person as a result of anything done or not done, any proceedings taken, or any order made or enforced by it or them in good faith in the administration of or pursuant to the Act, by-laws or rules.



NOTICE

45Whenever notice is required or permitted to be made or given pursuant to the Act, by-laws or rules any such notice shall be deemed to have been received five days after the mailing by ordinary mail of any such notice to the last known address of the person to whom it is directed.



PUBLIC NOTICE

46The Registrar shall give public notice of the suspension or revocation of a member's registration as a result of proceedings before the Discipline Committee or the Fitness to Practise Committee.



ASSOCIATION RECORDS AVAILABLE TO PUBLIC

47(1)The Registrar shall forthwith enter into the records of the Association



(a)the result of every proceeding before the Discipline Committee or the Fitness to Practise Committee that



(i)resulted in the suspension or revocation of a registration, or



(ii)resulted in a direction under paragraph 26(10)(b), and



(b)where the findings or decision of the Discipline Committee or Fitness to Practise Committee that resulted in the suspension or revocation of the registration or the direction are appealed, a notation that they are under appeal.



47(2)Where an appeal of the findings or decision of the Discipline Committee or Fitness to Practise Committee is finally disposed of, the notation referred to in paragraph (1)(b) shall be removed and the records adjusted accordingly.



47(3)For the purpose of paragraph (1)(a), "result", when used in reference to a proceeding before the Discipline Committee or the Fitness to Practise Committee means, the Committee's finding and the penalty imposed and in the case of a finding of professional misconduct, a brief description of the nature of the professional misconduct.



47(4)The Registrar shall provide a copy of the information contained in the records referred to in subsection (1) to any person who inquires about a member or former member,



(a)for an indefinite period if the member or former member was found to have sexually abused a patient or client, and



(b)for a period of five years following the conclusion of the proceedings referred to in subsection (1) in all other cases.



47(5)The Registrar, upon payment of a reasonable fee, shall provide a copy of the information contained in the records referred to in subsection (1) that pertain to a member or former member to a person who requests a copy.



47(6)Notwithstanding subsection (5), the Registrar may provide, at the Association's expense, a written statement of the information contained in the records in place of a copy.



REGISTRAR'S REPORT

48The Registrar shall submit a written report annually to the Board containing a summary of the complaints received during the preceding year by source and type of complaint and the disposition of such complaints.



MEASURES TO PREVENT SEXUAL ABUSE

49(1)The Association shall undertake measures for prevention of the sexual abuse of patients or clients by its members.



49(2)Such measures referred to in subsection (1) shall include



(a)education of members about sexual abuse,



(b)guidelines for the conduct of members with patients or clients,



(c)providing information to the public respecting such guidelines, and



(d)informing the public as to the complaint procedures under this Act.



49(3)Measures referred to in subsection (2) may, where appropriate, be taken jointly with other organizations or associations of health professionals.



REPORT TO MINISTER

50(1)The Association shall report to the Minister within two years after the commencement of this Act, and within thirty days at any time thereafter on the request of the Minister, respecting the measures the Association is taking and has taken to prevent and deal with the sexual abuse of patients or clients by its members.



50(2)The Association shall report annually to the Minister respecting any complaints received during the calendar year respecting sexual abuse of patients or clients by members or former members of the Association.



50(3)A report under subsection (2) shall be made within two months after the end of each calendar year and shall contain the following information:



(a)the number of complaints received during the calendar year for which the report is made and the date each complaint was received;



(b)with respect to each complaint received during the calendar year for which the report is made



(i)a description of the complaint in general non-identifying terms,



(ii)the decision of the Complaints Committee with respect to the complaint and the date of the decision,



(iii)if complaints are referred to the Discipline Committee or the Fitness to Practise Committee the decision of the Committee and the penalty imposed, if any, and the date of the decision, and



(iv)whether an appeal was made from the decision of the Discipline Committee or the Fitness to Practise Committee and the date and outcome of the appeal; and



(c)with respect to each complaint reported in a previous calendar year, a report on the status of the complaint in accordance with paragraph (b) if the proceedings initiated as a result of the complaint were not finally determined in the calendar year in which the complaint was first received.



PART IX — TRANSITIONAL

MEMBERS

51(1)The name and address of every person who at the commencement of the Act is a member recorded in the membership records of the Paramedic Association of New Brunswick Inc. shall be entered in the register, the temporary register or one of the rosters as may be designated by the Board.



51(2)Every person who at the commencement of the Act is employed as a paramedic in New Brunswick or was employed as a paramedic in New Brunswick at any time within three years preceding that date, is eligible for registration and the name and address of every such person shall, upon application, be entered in the register, the temporary register or one of the rosters as may be designated by the Board.



POWERS OF ASSOCIATION

52(1)Nothing in the Act shall affect the powers and duties, tenure of office or terms of remuneration of any director or officer of the Association or any committee appointed before the commencement of the Act, or anything done or suffered, or any right, title or interest acquired before the commencement of the Act, or any legal proceedings or remedy in respect of any such thing, right, title or interest.



52(2)Until repealed, altered or amended pursuant to the Act, any by-law or rule made or fees prescribed by the Paramedic Association of New Brunswick Inc. shall, notwithstanding any conflict with the Act, continue in force and have effect as if made under the Act.



COMMENCEMENT

53This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



FORM A

IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK JUDGMENT



(The Discipline/Fitness to Practise Committee) having on the            day of               A.D. 20___, ordered that A.B. pay the costs of            on an investigation, proceeding or hearing of a complaint made by C.D.; and



The costs including disbursements of (A.B. or

as the case may be), having been taxed by the Registrar of The Court of Queen's Bench of New Brunswick on the      

day of             , A.D. 20___; It is this day adjudged that A.B. or                              (as the case may be) recover from A.B. the sum of    $                   .



DATED this          day of                  , 20___.





Registrar,

The Court of Queen's

Bench of New Brunswick
.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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