Bill 65 - Psychologists Act

BILL 65

Psychologists Act

WHEREAS the College of Psychologists of New Brunswick 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 College of Psychologists of New Brunswick, to continue the College of Psychologists of New Brunswick as a body corporate for the purpose of advancing and maintaining the standard of psychological services in the Province, for governing and regulating psychological services provided to the public and providing for the welfare of members of the public and the profession;

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

PART 1 – INTERPRETATION

1(1) The following definitions apply in this Act, unless the context otherwise requires.

“approved education program” means a program leading to a doctoral level psychology degree or an equivalent program as approved by the Council required to qualify for registration as a psychologist. (programme d’éducation approuvé)

“client” or “patient” means a recipient of the services of a psychologist. (client) or (patient)

“Codes of Ethics or Conduct” means the codes established by by-law pursuant to subparagraph 4(1)(j)(iii). (codes de déontologie ou de conduite)

“College” means the College of Psychologists of New Brunswick continued under section 2. (Collège)

“Council” means the Council of the College constituted under section 3. (Conseil)

“Court” means a Judge of The Court of Queen’s Bench of New Brunswick. (Cour)

“Director of Complaints” means the person holding the office of Director of Complaints under subsection 8(3). (directeur des plaintes)

“Executive Director” means the person holding the office of Executive Director under subsection 8(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 an 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, addiction or disorder suffered by a member, of such nature and extent that it is desirable in the interests of the public, the College or the member, that the member no longer be permitted to carry on the practice of a psychologist or that the member’s practice 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 professional practice that demonstrate a lack of knowledge, skill or judgment, or disregard for the interests of a client of such a nature and to such an extent as to render the member unfit to carry on the practice of a psychologist or to carry on the practice of a psychologist without conditions, limitations or restrictions. (incompétence)

“licence” means a licence to practise psychology issued under this Act. (licence)

“Mediation Panel” means the panel established under section 34. (Commission de médiation)

“member” means a psychologist and any person whose name is entered in the register, temporary register, specialists register or in any of the rosters established and maintained pursuant to this Act, the by-laws or the rules, and includes for the purposes of applying the provisions of this Act, a professional corporation and such persons who are permitted by this Act, the by-laws or the rules to carry on, in association, partnership or other prescribed arrangements with a psychologist or professional corporation, the practice of psychology, or such aspects thereof as may be prescribed. (membre)

“Minister” means the Minister of Health and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“Practice Inspection Committee” means the committee established by by-law pursuant to paragraph 4(1)(m). (Comité de l’inspection professionnelle)

“practice of psychology” or “psychology” means care and treatment rendered to individuals, families, groups, systems, or organizations and consists of, but is not limited to, the application of empirically based psychological practice, including:

(a) evaluation and assessment procedures, including psychological and psychometric testing, for the identification and diagnosis of psychological or mental disorders;

(b) interventions to prevent, treat or overcome psychological or mental disorders and dysfunctions or to enhance performance, well-being and situational adjustment including psychoeducation and psychotherapy;

(c) research, consultation, and education for the enhancement of cognitive, behavioral, emotional, interpersonal and psychological health, well-being, development and functioning;

(d) supervision of psychological services; and

(e) program development of services in the areas identified above. (exercice de la psychologie) or (psychologie)

“prescribed” means prescribed by by-laws or rules made under or pursuant to this Act by the Council. (réglementaire)

“previous Act” means The College of Psychologists Act, chapter 61 of the Acts of New Brunswick, 1980, as amended. (loi antérieure)

“professional corporation” means a corporation the name of which is entered in the professional corporations register. (corporation professionnelle)

“professional corporations register” means the register kept under paragraph 10(1)(c). (registre des corporations professionnelles)

“professional misconduct” means a serious digression from established or recognized professional standards or rules of practice of the College or the profession, the acts and omissions specified in this Act as constituting professional misconduct, a breach of the Codes of Ethics or Conduct, and includes, but is not limited to:

(a) a member having pleaded guilty to or been found guilty of an offence that, in the opinion of the Hearing Committee, is relevant to the member’s suitability to practise;

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

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

(e) violation or failure to comply with a term, condition, limitation or restriction imposed on the member’s licence or registration;

(f) failure to submit to an examination, inspection or audit, or to deliver records and documents, ordered by the Complaints Committee or the Hearing Committee;

(g) sexual abuse of a client; or

(h) failure to file a report pursuant to section 44. (faute professionnelle)

“psychologist” means a person whose name is entered in the register kept under paragraph 10(1)(a). (psychologue)

“register” means the register established under paragraph 10(1)(a). (registre)

“Registrar” means the Registrar of the College appointed under subsection 8(2). (registraire)

“registration” means the entry of the name of a person in a register. (immatriculation)

“resident” means a person whose name is entered in the temporary register who has completed an approved education program but has not yet completed all the prescribed requirements for registration as a psychologist. (résident)

“roster” means one of the rosters kept pursuant to paragraph 10(1)(e). (tableau)

“specialist” means a psychologist whose name is entered in the specialists register and who is the holder of a specialist licence issued pursuant to this Act, the by-laws or the rules. (spécialiste)

“specialists register” means the register kept pursuant to paragraph 10(1)(d). (registre des spécialistes)

“student” means a person who is enrolled under the by-laws and the rules in an approved education program leading to membership in the College and includes an intern. (étudiant)

“temporary register” means the register kept pursuant to paragraph 10(1)(b). (registre temporaire)

1(2) The words, initials or expressions “psychologist”, “licensed psychologist”, “registered psychologist”, “clinical psychologist”, “consulting psychologist”, “L. Psych.”, “R. Psych.”, “C. Psych.” 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 psychologist or person entitled to carry on the practice of psychology or connoting a member of the College, when used in any provision of an Act of the legislature or any regulation, rule, order or by-law made under an Act or used in any public document, shall be read as including a person whose name is entered in the register, temporary register, or specialists register as a psychologist.

1(3) Words importing the feminine gender shall include the masculine gender and vice versa wherever the context of this Act so requires.

PART 2 – THE COLLEGE

2 The College of Psychologists of New Brunswick constituted before the coming into force of this Act by the previous Act is hereby continued as a body corporate and politic without share capital to be called the College of Psychologists of New Brunswick and, subject to this Act, has the capacity, rights, powers and privileges of a natural person.

COUNCIL OF THE COLLEGE

3(1) A Council of the College consisting of not less than seven and not more than twelve directors shall be responsible for the administration of this Act and shall control, govern and manage, or supervise the control, government and management of the business and affairs of the College and all aspects of the practice of psychology.

3(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 College and such by-laws may provide for alternate directors, for the filling of vacancies and for the appointment of additional directors.

3(3) One director, when the total number of directors does not exceed eight, or two directors, when the total number of directors exceeds eight, shall be appointed by the Minister from a panel of not less than three persons nominated by Council to represent the public and no such director may be a member of the College.

3(4) The powers, duties and operations of the Council 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 Council or to participate in the manner contemplated by sections 58 and 59.

BY-LAWS

4(1) Unless this Act or the by-laws otherwise provide, the Council may by resolution make, amend or repeal by-laws regulating the business or affairs of the College, the practice of psychology and the practice of psychologists 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 for registration and membership in the College;

(ii) the registration, licensing and renewal, suspension, cancellation, and reinstatement of registration and licensing of members, including the imposition of conditions, limitations and restrictions on any membership, registration or licence issued or granted pursuant to this 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;

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

(e) determining the method of setting fees payable to the College 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 College or the Council;

(g) creating and governing committees for the carrying out of the business and affairs of the Council and the College and for regulating and governing the practice of psychology carried on by its members;

(h) delegating to directors, officers, officials, employees or committees any of the duties, powers and privileges of the Council, 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 College, the Council and committees of the College or the Council, 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 psychologists,

(ii) standards for the practice of psychologists,

(iii) Codes of Ethics or Conduct for psychologists,

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

(v) standards respecting the duties, tasks, services and functions that form part of the practice of psychology and which may be delegated to technicians, psychometrists, and others and the conditions, limitations and restrictions under which such delegated duties, tasks, services and functions may be performed;

(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 Council, methods of and requirements for the membership and discipline of students and for the suspension, restriction or cancellation of membership of students, including methods for setting fees or dues payable to the College 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 psychology 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 specialist registration certificate,

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

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

(m) in respect of a Practice Inspection Committee,

(i) establishing, maintaining, governing and regulating a Practice Inspection Committee including the establishment of panels of the Committee to act for and carry out and exercise all the duties and powers of the Committee and providing the Committee with such powers as are necessary or desirable, including the powers set out in paragraphs 39(7)(b), (c), (d) or (e) and section 40, to permit the Practice Inspection Committee, at the request of the Council, to inquire into, investigate, review, inspect and report to and advise the Council in respect of

(A) the practice of psychologists generally,

(B) the practice of any member or professional corporation, and

(ii) providing for the payment to the College of the costs of conducting an inspection, investigation or review of the practice of a member or professional corporation by the member or professional corporation that is the subject of such inspection, investigation or review;

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

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

(p) determining the aspects, subjects or matters of the business and affairs of the College and the practice of psychologists that may be regulated and governed by rules of the Council;

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

(r) 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;

(s) respecting and governing such other subjects, matters and things as the Council considers appropriate to administer this Act or to advance or protect the interests of the public, the College 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 Council.

4(2) Any amendment or repeal of a by-law by the Council shall be made by by-law.

4(3) By-laws relating to matters described in paragraphs (1)(a), (b), (e), (f), (j), (l), (m), (p) and (r) shall not be effective or be acted upon until confirmed by an ordinary resolution at an annual, special or general meeting of the College and where a by-law is amended by ordinary resolution at such meeting it becomes effective in the form in which it is amended.

4(4) By-laws relating to the following shall not be effective or be acted upon until approved by the Minister:

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

(b) matters described in subparagraph (1)(a)(iii) and paragraphs (b) and (j).

4(5) The Council may, from time to time, in such amounts and on such terms as it considers expedient

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

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

(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 College, to secure any debt obligation or any money borrowed or other debt or liability of the College; or

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

4(6) The Council may from time to time delegate to such one or more of the directors and officers of the College as may be designated by the Council, all or any of the powers conferred on the Council in subsection (5), to such extent and in such manner as the Council shall determine at the time of each such delegation.

4(7) It is not necessary for a by-law to be passed in order to confer any particular power on the College or the Council.

RULES

5(1) Unless this Act or the by-laws otherwise provide, the Council 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 College and the practice of psychologists 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 Council until amended or repealed by an ordinary resolution at an annual, or special or general meeting of the College called for the purpose of considering the same.

5(2) Any amendment or repeal of a rule by the Council shall be made by a rule.

6 No 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

7 The Regulations Act, chapter 218 of the Revised Statutes, 2011, does not apply to the College or any by-law, rule or resolution made by the College or the Council, but all the by-laws and the rules of the College or the Council shall be available for inspection by any person at the head office of the College at all reasonable times during business hours, free of charge.

EXECUTIVE DIRECTOR / DIRECTOR OF COMPLAINTS / REGISTRAR / EXECUTIVE COMMITTEE

8(1) The Council may appoint an Executive Director of the College who shall hold office during the pleasure of the Council.

8(2) The Council shall appoint a Registrar who must be a psychologist and who shall hold office during the pleasure of the Council.

8(3) The Council may appoint a Director of Complaints who may exercise and be delegated all the tasks, functions and authority of the Registrar respecting complaints, discipline, fitness to practise, investigations and appeals as set out in this Act, the by-laws or the rules.

8(4) The Executive Director shall at all times be subject to the directions of the Council.

8(5) The offices of Registrar and Executive Director may both be held by one person at the same time.

9(1) There shall be an executive committee of the Council composed of members of the Council that, between meetings of the Council 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 Council, and the executive committee shall carry out such other duties as may be assigned to it from time to time by the Council, the by-laws or the rules.

9(2) 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 3 – REGISTRATION AND MEMBERSHIP

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 psychologist pursuant to this Act, the by-laws and the rules and is thereby entitled to engage in the practice of psychology;

(b) a temporary register in which shall be entered the name and address of every person who is permitted to carry on the practice of psychology in the Province under such circumstances and with such conditions, limitations and restrictions and for such temporary and limited periods of time as are prescribed;

(c) a professional corporations register in which shall be entered the name and address of every professional corporation which offers psychological services under this Act, the by-laws or the rules, and the names and addresses of the officers and directors of such professional corporations;

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

(e) 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, the temporary register or the specialists register.

10(2) The register, temporary register, professional corporations register, specialists register and rosters 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 the rules for such categories, classifications and levels of registration, membership or practice as may be prescribed.

10(3) Every person who qualifies for registration under the provisions of the by-laws and the rules may, upon payment of the prescribed fee, have their name entered in the register, temporary register or specialists register or the appropriate part thereof upon providing to the Registrar satisfactory evidence of that person’s qualifications and experience.

11(1) No psychologist shall engage in the private practice of psychology 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.

11(2) Subject to the exemptions set out in subsection 24(3), no person shall practise in the field of psychology or hold himself or herself out for employment as a psychologist unless that person’s name is entered in the register or temporary register, and persons so registered may practise or hold themselves out as a psychologist only to such extent as is authorized by this Act, the by-laws and the rules.

11(3) No person shall bring an action in any court to collect fees, compensation or other remuneration, for services performed as a psychologist unless registered under this Act.

12 The register, temporary register, professional corporations register and specialists register shall be open to inspection by any person at the office of the Registrar at all reasonable times during regular business hours free of charge; but any officer or employee of the College may refuse such access to the register, temporary register, professional corporations register or specialists register if there is reasonable cause to believe that the person is seeking access merely for commercial purposes.

13(1) Persons whose names are entered in the register or in the temporary register are entitled subject to any conditions, limitations and restrictions set out in the by-laws or the rules to practise as psychologists in New Brunswick, to hold themselves out as a psychologist and to use such titles and designations as are prescribed.

13(2) Subject to the exemptions set out in subsection 24(3), persons whose names are not entered in the register, temporary register, or specialists register shall not practise psychology or practise as psychologists or hold themselves out as a psychologist in the Province, or take or use the designations “psychologist”, “licensed psychologist”, “registered psychologist”, “clinical psychologist”, or “consulting psychologist” or the initials or abbreviations “L. Psych.”, “R. Psych.” or “C. Psych.” or other titles, names, initials or designations, either alone or in combination with other words, letters or descriptions, that imply they are entitled to practise as a psychologist.

14 A statement certified under the hand of an officer of the College respecting the registration status of a person is admissible in evidence as prima facie proof of the facts therein specified respecting the registration status of that person under this Act and is prima facie proof of any conditions, limitations or restrictions set out in the statement, if any, as applicable to that person.

15(1) Nothing herein prohibits the practice of psychology in New Brunswick or the recovery of fees or compensation for professional services rendered as a psychologist by a person registered in good standing in another country, state, territory or province and whose engagement requires that person to help a client in New Brunswick during the period of the engagement, if that person does not represent or hold himself or herself out as a person licensed or registered under the provisions of this Act, for such limited period of time and subject to such conditions, limitations and restrictions as may be set out in the by-laws or the rules.

15(2) Any person who was entitled to practise psychology or entitled to use any designation indicating that person was a member of a psychology regulatory body pursuant to the laws governing or concerning the practice of psychology in any other jurisdiction and who has been suspended from or otherwise restricted in or disqualified from practising psychology or using any such designation in another jurisdiction by reason of illness, incapacity, professional misconduct, dishonesty or incompetence shall not be entitled to apply for registration or to be registered under the provisions of this Act until such time as the suspension, restriction or disqualification has been removed in the other jurisdiction.

16 Any person who is enrolled as a student in an approved education program 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.

17(1) The Registrar shall cause the name of a member to be removed from the register, temporary register or specialists register:

(a) at the request or with the written consent of the member;

(b) where the name has been incorrectly entered;

(d) where the registration of the member has been revoked or suspended; or

(e) when a person no longer meets the requirements for continued registration.

17(2) The Registrar shall remove or cause the removal of the name of any person from the register, temporary register, specialists register, or professional corporations register, who fails to meet or maintain the qualifications and standards for entry in such register.

17(3) The registration of a psychologist shall terminate and cease to have effect when the psychologist’s name is removed from the register in accordance with this Act, the by-laws or the rules.

17(4) Where the name of a member is removed from the register, temporary register or specialists register, the Registrar shall forthwith, by ordinary mail addressed to the latest address shown on the register, temporary register or specialists register notify the member that the member’s name has been removed from the register, temporary register, or specialists register.

17(5) On such grounds and subject to such conditions as may be prescribed the name of a person removed from the register, temporary register, or specialists register may be restored upon payment to the College of:

(a) all amounts owing by the person to the College; and

(b) such additional sums as may be prescribed.

17(6) The Registrar shall cause a licence or renewal thereof to be issued annually or at such other times as may be prescribed to every person whose name is entered in the register, temporary register, or specialists register, and to professional corporations entered in the professional corporations register, and the licence shall state the date upon which it expires, the type of licence and any conditions, limitations or restrictions imposed on the person or professional corporation to whom the licence is issued.

EMPLOYER OBLIGATIONS

18 Every person, other than a client or any person acting on behalf of a client without expectation or hope of monetary compensation, who engages a person to act as a psychologist and every agency or registry that procures employment or work for a person as a psychologist

(a) shall ensure at the time of engagement and at least once each year thereafter if such engagement is continuing, that the person is the holder of a current registration and licence under this Act; and

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

PART 4 – PROFESSIONAL CORPORATIONS

19(1) No corporation shall be entitled to have its name entered in a register other than the professional corporations register.

19(2) No professional corporation shall be entitled to vote at any meeting of the College.

19(3) All the provisions of this Act, the by-laws and the rules applicable to a member apply with all necessary modifications to a professional corporation unless otherwise expressly provided.

19(4) The Council may make by-laws

(a) prescribing the types of names, designations or titles by which

(i) a professional corporation,

(ii) a partnership of two or more professional corporations, or

(iii) a partnership of one or more professional corporations and one or more psychologists,

may be known, and

(b) regulating the practice of psychology by professional corporations and requiring the filing of such reports, information and returns the Council considers necessary.

20(1) The articles of incorporation, articles of continuance or other constating documents of each professional corporation shall not prevent the professional corporation from

(a) engaging in every phase and aspect of rendering the same psychological services to the public that a psychologist is authorized to render; and

(b) having the capacity and exercising the rights, powers and privileges of a natural person as may be necessary or incidental or ancillary to the rendering of psychological services including without restricting the foregoing, the power

(i) to purchase, lease or otherwise acquire and to own, mortgage, pledge, sell, assign, transfer or otherwise dispose of, and to invest in, deal in or with, real or personal property;

(ii) to contract debts and borrow money, issue and sell or pledge bonds, debentures, notes and other evidences of indebtedness and execute such mortgages, transfers of corporate property and other instruments to secure the payment of corporate indebtedness as required; and

(iii) to enter into partnership, consolidate or merge with or purchase the assets of another corporation or individual rendering the same type of professional services.

20(2) The legal and beneficial ownership of a majority of the issued shares of a professional corporation shall be vested in one or more members and shall entitle such member or members to elect all of the directors of the professional corporation.

20(3) The legal and beneficial ownership of all issued shares of a professional corporation other than those referred to in subsection (2) shall be vested in the persons prescribed.

20(4) No member who is a shareholder of a professional corporation shall enter into a voting trust agreement, proxy or any other type of agreement vesting in a person who is not a member the authority to exercise the voting rights attached to any or all of the member’s shares, and every shareholder who does so commits an offence.

20(5) The practice of psychology on behalf of a professional corporation shall be carried on by psychologists.

20(6) For the purposes of subsection (5), the practice of a psychologist shall be deemed not to be carried on by clerks, secretaries, assistants and other persons employed by the professional corporation to perform services that are not usually and ordinarily considered by law, custom or practice to be services that may be performed only by a psychologist.

20(7) The registration of a professional corporation may be revoked, or its renewal withheld, by the Registrar where any of the conditions specified in subsection (1), (2), (3), (4) or (5) no longer exist.

20(8) Where a professional corporation ceases to fulfill any condition specified in subsection (2), (3) or (4) by reason only of

(a) the death of a member of the College,

(b) the striking off or other removal from the register of the name of a member, or

the professional corporation has one hundred and eighty days or such longer period as the Council may permit, from the date of the death, striking off, removal, suspension or revocation, as the case may be, in which to fulfill the condition, failing which the Registrar shall revoke the registration of the professional corporation.

21 A professional corporation may offer psychological services in its own name, subject to any conditions, limitations or restrictions as may be prescribed or as set out in its registration or licence.

22 The relationship of a member to a professional corporation, whether as a shareholder, director, officer or employee, does not affect, modify or diminish the application of the provisions of this Act, the by-laws or the rules to the member.

23 Nothing contained in this Act, the by-laws or the rules respecting professional corporations shall affect, modify or limit any ethical obligation of a psychologist.

PART 5 – OFFENCES AND ENFORCEMENT

24(1) Except as provided in this Act, the by-laws or the rules, no person other than a person whose name is entered in the register, temporary register, or specialists 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 psychologist or as being entitled to practise as a psychologist;

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

24(2) A person who violates or fails to comply with subsection (1) commits an offence.

24(3) Subject to the conditions set out below, subsection (1) does not apply to

(a) psychology students and interns provided that they use the title or description of services “psychology student”, “psychology intern”, or other prescribed titles or descriptions of services which clearly indicate their student or intern status;

(b) professors of psychology while carrying out their teaching and research duties, so long as they use a title, or description of services, that clearly indicates their professor of psychology status; or

(i) who is authorized to practise psychology, or to use a title relating to the practice of psychology, by a professional regulatory body in another jurisdiction recognized by the Council, provided that person indicates the title and the regulatory body which granted that title, and

(ii) whose practice of psychology in the province consists only of the provision of educational workshops or courses and does not exceed one week or such longer period as Council may permit in a calendar year.

24(4) Any person authorized to practise as a psychologist or hold himself or herself out as a psychologist or specialist under the provisions of this Act who practises as a psychologist in violation of any condition, limitation or restriction imposed upon that person’s registration or membership or who fails to inform that person’s employer of any such condition, limitation or restriction commits an offence.

25 Any professional corporation that breaches or permits the breach of any condition, limitation or restriction imposed upon its registration commits an offence and an officer, director, agent or shareholder who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and liable to the punishment provided for the offence, whether or not the professional corporation has been prosecuted or convicted.

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

27(1) A person who commits an offence under this Act is liable on conviction

(a) for a first offence, to a fine of not less than $240 and not more than $5,200, or

(b) for a subsequent offence,

(i) to a fine of not less than $240 and not more than $5,200 or, if the person has been sentenced to the maximum fine on a previous conviction, to a fine of not less than $240 and not more than $10,200, and

(ii) to a term of imprisonment of not more than thirty days, if no other sentence will deter the person from repeating the offence.

27(2) All fees, fines and penalties payable under this Act shall be paid to the College and belong to the College.

27(3) An information with respect to an offence under this Act shall be laid by the Registrar or a member authorized by the Council.

27(4) The prosecution of an offence under this Act shall be conducted by the Council or a person authorized by the Council, unless the Attorney General or an agent of the Attorney General intervenes.

28 Where a member or former member or an applicant for registration does or attempts to do anything contrary to the provisions of this Act, the by-laws or the 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 Council acting in the name of the College.

29 Where any person other than a person described in section 28 does or attempts to do anything contrary to the provisions of this 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 Council acting in the name of the College.

30(1) No prosecution for an offence under this Act shall be commenced after the expiration of one year from the date of the last act that is part of the alleged offence.

30(2) Where an offence under this Act continues for more than one day, the offender is guilty of a separate offence for each day that the offence continues.

30(3) For the purposes of this Act, proof of the performance of one act in the practice of psychology on one occasion is sufficient to establish that a person has engaged in the practice of psychology.

31 Nothing in this Act applies to, prohibits or prevents:

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

(c) the practice of social work by a person authorized to practise under the New Brunswick Association of Social Workers Act, 1988;

(d) the practice of school or guidance counselling by a teacher authorized under the Education Act;

(e) the practice of counselling therapy by a person authorized to carry on such practice under the Licensed Counselling Therapy Act;

(f) the carrying out of specific tasks constituting part of the practice of psychology by persons authorized under the by-laws of the College and under the supervision and control of a psychologist; or

(g) the carrying on of any profession by a person authorized to carry on such profession by any public or private Act of the legislature.

PART 6 – Complaints, DISCIPLINE AND FITNESS TO PRACTISE

32(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, capacity, health or ability of a member and includes a request referred to in subsection (2) and “member” includes a psychologist, former psychologist, former member, and professional corporation.

32(2) In the absence of a complaint, if the Registrar has reason to believe that the conduct or actions of a member may constitute professional misconduct, incompetence or incapacity or other conduct referred to in subsection 33(1), the Registrar may request the Complaints Committee to investigate the conduct, competence or capacity of the member as a complaint.

32(3) For all purposes under this Act the complaint referred to and to be dealt with in accordance with the provisions of this Act, the by-laws and the rules is the original complaint defined in subsection (1) or the request under subsection (2) and there shall be no requirement that any person prepare any summary of the complaint or any charges with respect to such complaint.

REGISTRAR AND REVIEW OF COMPLAINTS RECEIVED

33(1) The Registrar shall upon receiving a complaint

(a) take further action as required in this Part if the complaint in substance alleges that

(i) a member’s conduct constitutes:

(A) professional misconduct;

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

(D) dishonesty;

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

(F) any conduct rendering the member unfit or incapable, or demonstrating that the member is unfit or incapable, to carry on the practice of a psychologist; or

(ii) the member is suffering from any ailment, incapacity or condition rendering the member unfit or incapable to carry on the practice of a psychologist;

(b) if necessary, obtain additional information from the complainant and carry out a preliminary investigation;

(i) a copy of the complaint, and

(ii) the date by which a reply and all relevant documents requested by the Registrar must be filed with the Registrar, which date shall be at least fourteen days after the date when the Registrar mails or delivers the complaint, or such further date as the Registrar may allow;

(d) make such enquiries and obtain such information as the Registrar deems necessary in order to determine if the complaint meets the requirements of this Act and in substance warrants further consideration in respect of the conduct, actions or capacity of the member and, in making such decision, shall consider:

(i) if the complaint is frivolous or vexatious;

(ii) if there is insufficient evidence of the actions, conduct or incapacity of the member who is the subject of the complaint to be considered; and

(iii) if the complaint is primarily concerned with the fees and financial charges of the member;

and if the Registrar determines any of the above circumstances apply, the Registrar may dismiss the complaint and so advise the member and the complainant of the Registrar’s decision; and

(e) if a complaint is not dismissed under paragraph (d), deliver the complaint to the Mediation Panel.

COMPLAINANT’S RIGHT OF REVIEW OF REGISTRAR’S DECISION

33(2) A complainant who is dissatisfied with the decision of the Registrar in disposing of the complaint may request in writing a review by the Complaints Committee.

33(3) Upon receipt of a request under subsection (2) the Complaints Committee may confirm the decision of the Registrar to dismiss the complaint or process the complaint in accordance with this Act, the by-laws and the rules.

33(4) The Registrar or the Complaints Committee shall advise the complainant and the member in writing of the disposition of a complaint under subsection (2), and shall give reasons.

MEDIATION PANEL

34(1) Council shall establish a Mediation Panel and appoint psychologists who are not directors of the College, or members of the Complaints Committee or Hearing Committee, as members of the Mediation Panel and shall appoint a Chairperson from among the members in the manner prescribed, and may make by-laws and rules respecting the Mediation Panel.

34(2) All complaints against a member not dismissed by the Registrar shall be delivered by the Registrar forthwith to the Chairperson of the Mediation Panel and a copy of the same shall immediately be forwarded to the member.

34(3) The Registrar may at any time refer a complaint directly to the Complaints Committee either before, after or during consideration of a complaint by the Mediation Panel.

34(4) The Mediation Panel shall

(a) in an informal manner consider and investigate all complaints delivered to it and in each case shall communicate with the complainant and the member against whom the complaint has been made;

(b) within sixty days of receiving a complaint, make recommendations to the complainant and the member against whom the complaint has been made as to how the complaint may be resolved; and

(c) if it at any time considers the subject matter complained of to be of sufficient importance, immediately refer the complaint to the Complaints Committee.

34(5) If the recommendations of the Mediation Panel are not accepted by either the complainant or the member against whom the complaint was made, either of them may, subject to subsection (6), refer the complaint to the Complaints Committee within thirty days of the making of the recommendations.

34(6) No complaint that in substance concerns the amount of the fees or financial charges of a member shall be referred to or considered by the Complaints Committee but nothing herein shall prevent any person from commencing civil proceedings with respect to fees or financial charges of a member.

34(7) When a complaint which has been delivered to the Chairperson of the Mediation Panel is referred to the Complaints Committee, whether during or after consideration of the complaint by the Mediation Panel, the Chairperson of the Mediation Panel shall forthwith deliver to the Chairperson of the Complaints Committee all documents, evidence and things in the possession of the Mediation Panel relating to the complaint.

34(8) In the event of any vacancy for any reason in the position of Chairperson or of any member of the Mediation Panel, the Council shall fill such vacancy forthwith.

35(1) The Registrar shall

(a) conduct or provide for the conduct of investigations on behalf of the Mediation Panel and the Complaints and Hearing committees,

(b) provide for the processing of complaints before the Mediation Panel and the Complaints and Hearing committees,

(c) engage legal counsel to assist as required in the processing or prosecution of complaints or as otherwise deemed necessary,

(d) prepare necessary documents and notices of hearing,

(e) ensure that all decisions of the Complaints Committee and the Hearing Committee are implemented and take whatever action is necessary to see that such is done, including referring the matter back to the appropriate committee, and

(f) perform such other functions as required in carrying out the responsibilities of the Registrar or as directed by the Council.

35(2) Upon receipt of the member’s reply, or if no reply is received, upon the expiration of the deadline established, and upon referral of a complaint to the Complaints Committee, the Registrar may carry out further preliminary investigation of the complaint, following which the complaint shall be forwarded to the Complaints Committee.

35(3) When a complaint is referred to the Complaints Committee, the Registrar shall provide the Committee with a full report of the results of any investigation, the complaint, the member’s reply and any documentation and information relevant to the complaint.

36 A member who is the subject of a complaint shall cooperate with the Registrar in the investigation of the complaint, including the production of all documents and disclosure of all information that may be relevant to the complaint.

COMPLAINTS COMMITTEE

37(1) The Council shall maintain a standing committee known as the Complaints Committee, which in this section and section 38 shall be referred to as the “Committee.”

37(2) The Committee shall be composed of psychologists, and at least one person who is not a member shall be appointed to represent the public by the Council and none of the Committee members shall be a director of the College or a member of the Hearing Committee.

37(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 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 any and all the duties and powers of the Committee.

37(4) The Council shall appoint one of the members of the Committee who shall be a psychologist to be the Chair of the Committee.

37(5) The 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 investigation, hearing and consideration of any complaint and in no case is the Committee bound to follow the rules of evidence or procedure applicable in judicial proceedings.

37(6) The Committee shall consider all complaints referred to it, shall consider only written evidence and in this section the term evidence includes any document which may be presented to the Committee and may do one or a combination of the following

(a) cause such investigation or further investigation of the complaint as it deems necessary,

(b) dismiss the complaint, in which case it shall give its reasons in writing to the complainant and the member,

(c) issue a written caution or warning to the member in circumstances considered by the Committee not to justify other forms of sanction,

(d) order a practice inspection of the member’s practice,

(e) order a financial audit of the member’s practice,

(f) refer the whole or part of the complaint to the Hearing Committee,

(g) settle or informally resolve the complaint to the satisfaction of the complainant and the member,

(h) take such other action, consistent with its responsibilities under this Act and the by-laws, as it considers necessary in the public interest, in which case it shall give its reasons in writing to the complainant and the member,

(i) perform such other duties as may be assigned to it by the Council, the by-laws or the rules, or

(j) without hearing suspend the registration, licence or membership of a member if the Committee has reasonable and probable grounds for believing that the member in question has been convicted of any criminal or other offence of such kind or type that the Committee is of the opinion that the continued registration, licensing or membership of the member in question would affect the good name of the College or the profession or would be contrary to the interests of the public or the member’s clients and upon the Committee ordering the suspension the Committee shall immediately refer the matter to the Hearing Committee.

ACTION BY COMPLAINTS COMMITTEE TO PROTECT THE PUBLIC

37(7) When the Committee refers a matter to the Hearing Committee, the Committee may, at any time after receipt of a complaint, if it considers it probable that the continued practice of the member will be harmful to the public or to the member’s clients, pending final disposition of the matter, make an order,

(a) suspending the member, or

(b) placing conditions, limitations or restrictions on the practice, licence or membership of the member.

37(8) No order shall be made by the Committee under subsection (7) unless the member has been given

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

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

37(9) Where the Committee takes action under subsection (7), the Committee shall notify the member of its decision in writing and of the reasons for the decision.

37(10) An order under subsection (7) continues in force until the matter is disposed of by the Hearing Committee unless the order is stayed pursuant to an application under subsection (11).

37(11) A member against whom action is taken under subsection (7) may, within ten days after receiving notice of the order made by the Committee, apply to the Court for an order staying the action of the Committee.

37(12) If an order is made under subsection (7) by the Committee in relation to a complaint referred to the Hearing Committee, the College and the Hearing Committee shall act expeditiously in relation to the complaint.

38 Notwithstanding any other provision in this Act, if at any time a member admits any allegation in a complaint alleging a matter set out in paragraph 33(1)(a), and the member waives in writing the right to any other or further hearing or proceedings pursuant to this Part, the Committee may

(a) agree to cancel all hearings or proceedings and 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 subsection 37(6) or 39(12).

HEARING COMMITTEE

39(1) The Council shall maintain a standing committee known as the Hearing Committee, which in this section and sections 40 to 42 shall be referred to as the “Committee.”

39(2) The Committee shall be composed of psychologists and at least one person who is not a member shall be appointed to represent the public by the Council and none of the Committee members shall be a director of the College.

39(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 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.

39(4) The Council shall appoint one of the members of the Committee who shall be a psychologist to be the Chair of the Committee.

39(5) The College may engage legal counsel in respect of a complaint and shall have the right to appear and participate in any proceedings of the Committee or in any appeal.

39(6) The Committee shall:

(a) 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 investigation, hearing and consideration of any complaint and in no case is the Committee bound to follow the rules of evidence or procedure applicable in judicial proceedings;

(b) hear and consider all complaints referred to it; and

39(7) The Committee

(a) shall consider the complaint, hear the evidence, ascertain the facts and make a decision with respect to the merits of each complaint and as to whether the allegations respecting a matter described in subparagraph 33(1)(a)(i) have been established, or whether the member is suffering from an ailment, incapacity or condition described in subparagraph 33(1)(a)(ii), in such manner as it deems fit,

(b) in its absolute discretion at any time after the receipt of a complaint if it deems it necessary or advisable, may without hearing 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, licence or membership until the member does so,

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

(d) in its absolute discretion at any time after the receipt of a complaint if it deems it necessary or advisable, may without hearing require any member to produce records and documents of any kind, written or recorded in any format or by any means including clinical, therapeutic, administrative and financial 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 professional corporation of which the member is a director, officer or shareholder, and if a member fails to produce such records and documents the Committee may without further notice suspend the member’s registration, licence or membership until the member does, unless the member is prohibited by law from producing such records and documents, and

(e) in its absolute discretion at any time after the receipt of a complaint if it deems it necessary or advisable, may without hearing require any member or professional corporation to submit to an audit or other inspection or examination of the practice, business, affairs, accounts, books, and records of the member or professional corporation including all records and documents of any kind, written or recorded in any format or by any means including clinical, therapeutic, administrative and financial records and documents of the member or professional corporation by such person or persons as the Committee may designate and if the member or professional corporation fails to submit to such audit, inspection or examination the Committee may without further notice suspend the member’s or professional corporation’s registration, licence or membership until the member or professional corporation does so.

39(8) Any person who conducts an examination under this section shall prepare and sign an examination report containing the findings of the examination and the facts on which they are based and shall deliver the report to the Committee, a copy of which shall be forthwith delivered to the member who is the subject of the complaint, and such report 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.

39(9) No order shall be made by the Committee under paragraph (7)(b), (c), (d) or (e) unless the member has been given

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

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

39(10) Where the Committee takes action under paragraph (7)(b), (c), (d) or (e), the Committee shall notify the member of its decision in writing and of the reasons for the decision, and an order under paragraph (7)(b), (c), (d) or (e) continues in force until the matter is disposed of by the Committee unless the order is stayed pursuant to an application under subsection (11).

39(11) A member against whom action is taken under paragraph (7)(b), (c), (d) or (e) may, within ten days after receiving notice of the order made by the Committee, apply to the Court for an order staying the action of the Committee.

39(12) 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, licence or membership is suspended for a specific period of time during which the member’s name shall be removed from the register, temporary register, professional corporations register or specialists register or any roster in which the name may be entered and the member shall be prohibited from carrying on the practice of a psychologist,

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

(c) order that the member’s registration, licence or membership is revoked, and that the member’s name be removed from the register, temporary register, professional corporations register, specialists register or any roster in which it may be entered, and may specify a period of time before which the former member may not apply for reinstatement,

(d) order that the member’s practice, registration, licence or membership is restricted pending compliance with stipulated conditions in which case the Committee shall notify the member’s employer, if any, of such decision,

(e) order that conditions, limitations, or restrictions are imposed on the member’s practice, registration, licence or membership 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 $20,000 to be paid by the member to the College for the use of the College,

(i) order that the member cease or refrain from using any names, designations, titles, words, symbols, initials or expressions, including those set out in subsection 13(2), which connote that the person is a member of the College or is entitled to carry on the practice of a psychologist,

(j) order that the decision of the Committee or notice thereof be published in such manner as the Committee deems fit,

(k) 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,

(l) order that the costs of any investigation, proceeding or hearing be paid by the member to the College,

(m) make any one or more of the orders it may make under paragraphs (a) to (l) against any professional corporation of which the member is a director, officer or shareholder,

(n) attempt to resolve informally any complaint if the Committee deems it appropriate, or

(o) 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 (m).

39(13) A member who fails to submit to and cooperate with an examination, inspection or audit under paragraph (7)(b), (c) or (e) or to produce records and documents under paragraph (7)(d) commits an act of professional misconduct.

39(14) Notwithstanding any other provision of 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.

40(1) Upon the request of any party to a hearing by the Committee, the Chair of the Committee, or legal counsel for the College or the Committee, and on payment of any fees prescribed, the Registrar may sign and issue writs of subpoena ad testificandum or subpoena duces tecum 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 Committee.

40(2) On application to the Court by the Committee, a person who fails or refuses to comply with a subpoena issued under subsection (1) is liable to be punished for contempt as if in breach of an order or judgment of the Court.

40(3) The testimony of witnesses shall be taken under oath or solemn affirmation which any member of the Committee is authorized to administer.

40(4) The Committee may provide that oral evidence presented at a hearing is recorded and if so, copies of the transcript of the hearing are available to a party on the party’s request and at that party’s expense.

41 The burden of proof in all proceedings before the Committee shall be the balance of probabilities.

42(1) In all proceedings before the Committee, the member against whom a complaint has been made or in respect of whom an investigation has been commenced

(a) shall receive prompt notice that a complaint has been received, that an investigation has been commenced and a copy of the complaint,

(b) may present evidence or make representations in either English or French,

(d) shall be entitled to a full right to examine, cross-examine and re-examine witnesses in accordance with the rules of procedure established by the Committee,

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

(f) shall be entitled to at least fourteen days’ written notice of the date of the first hearing of the Committee, and

(g) shall receive prompt notice of and a copy of the decision rendered.

42(2) Before the hearing is completed, the Committee may, upon such terms as are just, permit further allegations to be brought or amendments to existing allegations in the complaint to be made with respect to the member.

42(3) No member of the 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.

42(4) Subsection 30(1) does not apply to any discipline proceeding under Part 6 or appeal under Part 7 of this Act.

42(5) Any person whose right to practise, registration or membership is revoked, suspended or subjected to conditions, limitations or restrictions shall without demand forthwith deliver to the Registrar any licence, registration, certificate or validation seals issued under this Act to such person.

42(6) Members of the Mediation Panel, the Complaints Committee, the Hearing Committee or the Council 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.

SEXUAL ABUSE

43(1) A member who sexually abuses a patient or client commits an act of professional misconduct.

43(2) “Sexual abuse” of a patient or client by a member means:

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

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

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

43(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

44(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 within twenty-one days after the circumstances occur that give rise to the reasonable grounds for the belief commits an act of professional misconduct.

44(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.

44(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 best efforts to advise the patient or client that the member is filing the report before doing so.

44(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.

44(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.

44(6) Subsections 43(2) and (3) apply with the necessary modifications to sexual abuse of a patient or client by another health professional.

44(7) No member filing a report pursuant to subsection (1) shall be subject to any liability as a result thereof unless it is proved that the report was made maliciously.

PART 7 – APPEALS

45(1) If a member against whom a complaint has been made is dissatisfied with a decision of the Hearing Committee, such person may appeal the decision to the Court by serving a written notice of appeal within thirty days of the date on which notice of the said decision is mailed to the last known address of such person.

45(2) If a resident has been denied registration as a psychologist or is dissatisfied with conditions, limitations or restrictions imposed on the resident’s registration, the resident may appeal such decision in the manner prescribed in the by-laws and rules.

45(3) There shall be no appeal from any decision, order or finding of the College, the Registrar, the Council or any committee, officer, employee, or agent of the College or the Council or any other person or body authorized to make decisions, orders or findings under this Act, the by-laws or the rules, as the case may be, except appeals authorized or mentioned in subsections (1) and (2).

46(1) In any appeal under this Act the Registrar shall obtain a transcript or such other record as exists of the evidence presented to the person or body from whom the appeal is taken and shall prepare a record on appeal to the Court consisting of the transcript or such other record as exists, all exhibits and the order or other document evidencing the decision being appealed.

46(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.

47 On appeal the Court may upon granting special leave, and only where it is shown that such evidence was not previously available, receive further evidence.

48 After reviewing the record on appeal and hearing any 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,

(d) confirm the decision appealed from, or

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

49(1) An appeal to the Court under this Act shall be on any ground of appeal that involves a question of law alone or a question of mixed fact and law.

49(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 head office of the College is located and upon any other party to the previous proceedings.

50(1) The record on appeal to the Court shall be the record prepared by the Registrar.

50(2) The Court may make any order or decision that the Hearing Committee or person or body making the decision which is being appealed could make and may make such order as to costs as may be just.

50(3) The Rules of Court governing civil appeals to The Court of Appeal of New Brunswick that are not inconsistent with this Act shall apply with the necessary modifications to appeals to the Court under this Part and the College shall be a party and have standing to appear and participate in any appeal to the Court.

51 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 8 – INVESTIGATIONS

52(1) In this Part, “member” means a member as defined in subsection 32(1).

52(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 subparagraph 33(1)(a)(i) or whether the member is suffering from an ailment, incapacity or condition rendering the member unfit or incapable of carrying on the practice of a psychologist if the Complaints Committee has received a complaint about the member and the Chair of the Complaints Committee has requested the appointment.

52(3) An employee or member of the College may be appointed an investigator under subsection (2).

POWER TO INVESTIGATE

53(1) An investigator appointed by the Registrar may at any reasonable time, and upon producing proof of appointment, enter and inspect the business premises of a member or professional corporation and examine anything found there that the investigator has reason to believe will provide evidence in respect of the matter being investigated.

53(2) Subsection (1) applies notwithstanding any provision in any Act or regulation relating to the confidentiality of records.

53(3) No person shall, without reasonable excuse, obstruct or cause to be obstructed an investigator while the investigator is performing duties under this Act.

53(4) No person shall withhold, conceal or destroy, or cause to be withheld, concealed or destroyed, any thing that is relevant to an investigation under this Act.

53(5) A person who violates or fails to comply with subsection (3) or (4) commits an offence under this Act.

SEARCH WARRANT

54(1) Upon the ex parte application of an investigator the Court may issue a warrant authorizing the investigator to enter a building, receptacle or place and search for and examine or remove any thing described in the warrant, if it is satisfied on information by oath or solemn affirmation that the investigator has been properly appointed, that the application has been authorized by the Chair of the Complaints Committee and that there are reasonable grounds for believing that

(a) the acts or conduct of the member being investigated if proven could constitute acts or conduct described in subparagraph 33(1)(a)(i) or the member is suffering from an ailment, incapacity or condition rendering the member unfit or incapable of carrying on the practice of a psychologist, and

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

54(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.

54(3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce identification and a copy of the warrant, upon request, to any person at that place.

54(4) A person conducting an entry or search under the authority of a warrant issued under subsection (1) who finds any thing 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

55(1) An investigator may copy, at the expense of the College, a document that the investigator may examine under subsection 53(1) or under the authority of a warrant under subsection 54(1).

55(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 if a copy is not sufficient for the purposes of the investigation, 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 removed.

55(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.

55(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.

55(5) In this section, “document” means a record of information in any form and includes any part of it.

REPORT

56 An 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 9 – GENERAL

COSTS

57(1) The Hearing Committee or, on appeal, the Court, may order that the costs of any investigation, proceeding, hearing or appeal pursuant to any provision of this Act be paid to any one or more of the College or the parties, in whole or in part

(a) by the member against whom the complaint was made, except where the complaint is dismissed without any other decision, finding or order adverse to that member, or

(b) by the complainant or person at whose request the complaint was made or an investigation was commenced where the Hearing Committee or the Court is of the opinion that the complaint or investigation was unwarranted, and

may make it a condition of the registration and licence of any member or professional corporation that such costs be paid forthwith.

57(2) The costs payable under subsection (1), the amount of a fine under paragraph 39(12)(h) and the costs of conducting an inspection, examination, audit, investigation or review of the practice of a member or professional corporation payable by a member or professional corporation may be certified by the Registrar as between solicitor and client, and upon filing the Registrar’s certificate with the Clerk of The Court of Queen’s Bench of New Brunswick in the judicial district in which the head office of the College is located and upon payment of any required fees, judgment shall be entered by The Court of Queen’s Bench of New Brunswick for such amounts so certified in Form A of this Act with necessary modifications.

57(3) Before hearing an appeal the Court may order that security for costs be paid to the College or the Court by the appellant in such amount and upon such terms as the Court may deem just.

COSTS DEFINED

57(4) For the purposes of this Act, “costs” includes

(a) all costs, expenses, and disbursements and all legal and other expenses of any kind incurred by the College, the Practice Inspection Committee, Complaints Committee or Hearing Committee in relation to an investigation, proceeding, hearing or appeal,

(b) honoraria and expenses paid to members of the Practice Inspection Committee, Complaints Committee or Hearing Committee in relation to an investigation, proceeding, hearing or appeal, and

(c) the legal costs, expenses and disbursements on a solicitor and client basis incurred by any other party to an investigation, proceeding, hearing or appeal.

MEETINGS

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

RESOLUTIONS

59 A resolution, report, recommendation, decision, finding or order of the Council or any committee of the Council or of the College 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 Council or such committee.

LIABILITY

60 None of the College, the Council, any of the committees of the Council or of the College, or any committee or Council member, officer, director, employee or agent 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 this Act, the by-laws or the rules.

NOTICE

61 Whenever notice is required or permitted to be made or given pursuant to this Act, the by-laws or the rules any such notice shall be deemed to have been received seven 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

62 The Registrar shall give public notice of the suspension or revocation of a member’s registration as a result of proceedings before the Hearing Committee.

COLLEGE RECORDS AVAILABLE TO PUBLIC

63(1) The Registrar shall forthwith enter into the records of the College

(a) the result of every proceeding before the Hearing Committee that

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

(ii) resulted in a direction under paragraph 39(12)(j), and

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

63(2) Where an appeal of the findings or decision of the Hearing Committee is finally disposed of, the notation referred to in paragraph (1)(b) shall be removed and the records adjusted accordingly.

63(3) For the purpose of paragraph (1)(a), “result”, when used in reference to a proceeding before the Hearing Committee, means the committee’s findings and the penalty imposed and, in the case of a finding of professional misconduct, a brief description of the nature of the professional misconduct.

63(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.

63(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.

63(6) Notwithstanding subsection (5), the Registrar may provide, at the College’s expense, a written statement of the information contained in the records in place of a copy.

REGISTRAR’S REPORT

64 The Registrar shall submit a written report annually to the Council 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

65(1) The College shall undertake measures for prevention of the sexual abuse of patients or clients by its members.

65(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,

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

65(3) Measures referred to in subsection (2) may, where appropriate, be taken jointly with other organizations or associations of health professionals.

REPORT TO MINISTER

66(1) The College 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 College is taking and has taken to prevent and deal with the sexual abuse of patients or clients by its members.

66(2) The College 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 College.

66(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 Hearing 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 Hearing 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.

DUTY OF MEMBER TO REPORT

67(1) Every member who believes a licensed psychologist is suffering from a physical or mental condition or disorder of a nature and extent making it desirable and in the interests of the public that the member no longer be permitted to practise as a psychologist or that the member’s practice be restricted, shall disclose to the Registrar the name of such psychologist together with particulars of the condition or disorder and any failure by a member to comply with this subsection shall be deemed to be professional misconduct.

67(2) Subsection (1) does not apply to information obtained by a member which is confidential by reason of a psychologist-client relationship, unless the client consents to such disclosure.

67(3) A person disclosing information under subsection (1) is not subject to any liability as a result thereof except where it is proved that such disclosure was made maliciously.

PART 10 – TRANSITIONAL

MEMBERS

68 The name and address of every person who at the commencement of this Act is a member recorded in the membership records of the College shall be entered in the register, the temporary register, the specialists register, or one of the rosters and as such part or parts thereof as may be designated by the Council.

POWERS OF COLLEGE

69(1) Nothing in this Act shall affect the powers and duties, tenure of office or terms of remuneration of any director or officer of the College or any committee appointed before the commencement of this Act, or anything done or suffered, or any right, title or interest acquired before the commencement of this Act, or any legal proceedings or remedy in respect of any such thing, right, title or interest.

69(2) Until repealed, altered or amended pursuant to this Act, any by-law or rule made or fees prescribed by the College of Psychologists of New Brunswick constituted under the previous Act shall, notwithstanding any conflict with this Act, continue in force and have effect as if made under this Act.

REPEAL OF PREVIOUS ACT

70 The College of Psychologists Act, chapter 61 of the Acts of New Brunswick, 1980, is repealed.

COMMENCEMENT

71 This Act comes into force on June 1, 2017.

FORM A

IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK

JUDGMENT

The (Hearing Committee) (Practice Inspection Committee) having on the _____ day of ______, A.D. 20___, ordered that A.B. pay the costs of ____ on an investigation, examination, inspection, proceeding [or hearing of a complaint made by C.D.] [or a fine] (or that C.D. pay the costs of ____ on an investigation, proceeding or hearing of a complaint made by the said C.D.); and

The fine [or costs] having been certified by the Registrar of the College of Psychologists of New Brunswick on the _____ day of ______, A.D. 20___;

It is this day adjudged that the College of Psychologists of New Brunswick or A.B. or C.D. or (as the case may be) recover from A.B. or C.D. the sum of $______.

DATED this _____ day of ________, 20___.

_____________________________________________

Clerk of The Court of Queen’s Bench of New Brunswick