Bill 18 - An Act Incorporating the New Brunswick Association of Speech-Language Pathologists and Audiologists

BILL 18

An Act to Amend An Act Incorporating the New Brunswick Association of Speech-Language Pathologists and Audiologists

WHEREAS the New Brunswick Association of Speech-Language Pathologists and Audiologists prays that it be enacted as hereinafter set forth;

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

1( 1) The title of An Act Incorporating the New Brunswick Association of Speech-Language Pathologists and Audiologists, chapter 71 of the Acts of New Brunswick, 1987, is repealed and the following is substituted:

An Act Respecting the Regulatory College of Audiologists and Speech-Language Pathologists of New Brunswick

1( 2) Where in any Act, other than this Act, or in any regulation, rule, order, bylaw, agreement or other instrument or document, reference is made to An Act Incorporating the New Brunswick Association of Speech-Language Pathologists and Audiologists, it shall be read, unless the context otherwise requires, as a reference to An Act Respecting the Regulatory College of Audiologists and Speech-Language Pathologists of New Brunswick.

1( 3) Where in any Act, other than this Act, or in any regulation, rule, order, bylaw, agreement or other instrument or document, reference is made to the Speech-Language Pathology and Audiology Act, it shall be read, unless the context otherwise requires, as a reference to the Audiology and Speech-Language Pathology Act.

2 The preamble of the Act is amended

(a) by repealing the first paragraph and substituting the following:

WHEREAS the New Brunswick Association of Speech-Language Pathologists and Audiologists prays that it be enacted as hereinafter set forth for the purpose of advancing and maintaining the standard of audiology and speech-language pathology in the Province, for governing and regulating audiology and speech-language pathology services to the public and for providing for the welfare of members of the public;

(b) by repealing the second paragraph.

3 Section 1 of the Act is amended by striking out “Speech-Language Pathology and Audiology” and substituting “Audiology and Speech-Language Pathology”.

4 Section 2 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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

“audiologist” means a person whose name is entered in the register as an audiologist. (audiologiste)

“audiology” means (audiologie)

(a) the provision or conduct of assessment, treatment, counselling, guidance, testing, evaluation, education, habilitation, rehabilitation and prevention services,

(b) teaching, research and administration,

(d) assessing, identifying, evaluating and diagnosing hearing, vestibular function, tinnitus and balance disorders,

(e) giving directions for the supply of hearing aids and the sale of hearing aids, and

(f) giving recommendations for the provision of augmentation and appropriate hearing and communication devices and systems,

relating to

( i) auditory and vestibular function,

( ii) aural habilitation and rehabilitation, and

( iii) the science and practice of audiology.

“College” means the Regulatory College of Audiologists and Speech-Language Pathologists of New Brunswick incorporated by section 3, whose objects are to (Ordre)

(a) carry out its activities and govern its registrants in a manner that protects and serves the public interest,

(b) provide direction to and regulate the practice of audiology and speech-language pathology,

(c) establish, maintain and enforce standards for registration, of continuing competence and for the practice of audiology and speech-language pathology,

(d) establish, maintain and enforce a code of ethics, and

(e) perform other duties and functions by the exercise of the powers conferred by this Act.

“Council” means the Council of the College constituted under section 4. (Conseil)

“Court” means The Court of King’s Bench of New Brunswick. (Cour)

“Executive Director” means the person holding the office of Executive Director under subsection 9(2). (directeur général)

“health professional” means a person who provides a service related to (professionnel de la santé)

(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. (professionnel de la santé)

“incompetence” means acts or omissions on the part of a registrant, in their practice, that demonstrate a lack of knowledge, skill or judgment, or a disregard for the interests of the recipient of the registrant’s services of such a nature and to such an extent as to render the registrant unfit to carry on the practice of audiology or speech-language pathology or to carry on the practice without conditions, limitations or restrictions. (incompétence)

“Minister” means the Minister of Health. (ministre)

“patient” or “client” means a recipient of the services of an audiologist or speech-language pathologist. (patient) (client)

“prescribed” means prescribed by bylaws or rules made under this Act by the Council. (prescrit)

“professional misconduct” includes the acts or omissions specified in this Act as constituting professional misconduct. (mauvaise conduite professionnelle)

“register” means the register kept pursuant to paragraph 10(1)(a). (registre)

“registrant” means an audiologist or a speech-language pathologist and any person whose name is entered in the temporary register or in any of the rosters established and maintained under this Act, the bylaws and the rules. (personne immatriculée)

“Registrar” means the person holding the office of Registrar under subsection 9(1). (registraire)

“registration” means the entry of the name of a person in a register or roster under this Act. (immatriculation)

“roster” means any roster kept pursuant to paragraph 10(1)(c). (tableau)

“speech-language pathologist” means a person whose name is entered in the register as a speech-language pathologist. (orthophoniste)

“speech-language pathology” means (orthophonie)

(a) provision or conduct of assessment, treatment, counselling, guidance, testing, evaluation, education, habilitation, rehabilitation and prevention services,

(b) teaching, research and administration,

(d) assessing, identifying, evaluating, and diagnosing communication and swallowing disorders, and

(e) giving recommendations for the provision of augmentation and appropriate communication devices and systems,

relating to

( i) speech, language and communication,

( ii) vocal tract, oral motor, nasopharyngeal and pharyngeal dysfunctions or disorders affecting voice, feeding or swallowing function, or

( iii) the science and practice of speech-language pathology.

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

(b) in subsection (2)

( i) by striking out “member” and substituting “registrant”;

( ii) by striking out “Association” and substituting “College”;

( i) by striking out ““hearing technician”, “hearing assistant”,”;

( ii) by striking out “member” and substituting “registrant”;

( iii) by striking out “Association” and substituting “College”.

5 Section 3 of the Act is amended by striking out “under the name “New Brunswick Association of Speech-Language Pathologists and Audiologists”” and substituting “under the name “Regulatory College of Audiologists and Speech-Language Pathologists of New Brunswick””.

6 The heading “EXECUTIVE COUNCIL OF THE ASSOCIATION” preceding subsection 4(1) of the Act is repealed and the following is substituted:

COUNCIL OF THE COLLEGE

7 Section 4 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

4( 1) A Council of the College consisting of not fewer than six councillors of whom at least one is an audiologist and at least one is a speech-language pathologist 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 audiology and speech-language pathology.

(b) in subsection (2) of the English version by striking out “Association” and substituting “College”;

4( 3) At least one councillor, who shall not be a registrant of the College, shall be appointed to represent the public and shall be appointed by the Minister from a list of persons nominated by the Council.

(d) in subsection (4) of the English version

( i) in the portion preceding paragraph (a) by striking out “Executive”;

( ii) in paragraph (c) by striking out “Board” and substituting “Council”;

(e) by adding after subsection (4) the following:

4( 5) There shall be an Executive Committee 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 bylaws or the rules.

4( 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 bylaws.

8 Section 5 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

5( 1) Unless this Act or the bylaws otherwise provide, the Council may by resolution make, amend or repeal any bylaws regulating the business or affairs of the College and the practice of audiology and speech-language pathology and, without restricting the generality of the foregoing,

(a) governing and regulating

( i) the admission, suspension, expulsion, removal, discipline and reinstatement of registrants, the conditions precedent and continuing conditions of registration in the College,

( ii) the registration and renewal, suspension, revocation, and reinstatement of registration of audiologists and speech-language pathologists, including the imposition of limitations, restrictions and conditions on any registration issued or granted under this Act, and

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

(b) establishing one or more categories of registration and determining the rights, privileges and obligations of the registrants of each category,

(c) approving or accrediting schools, courses of study or educational programs in audiology and speech-language pathology,

(d) determining the method of setting registration or other fees payable to the College and providing for the collection thereof,

(e) 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,

(f) 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 audiology and speech-language pathology,

(g) delegating to officers, officials, employees or committees any of the duties, powers and privileges of the Council and College, except the power to make, amend or repeal bylaws, rules, codes of ethics or standards of practice,

(h) fixing and regulating the quorum, time, place, calling, conduct and business of annual, special and general meetings of the College, Council and committees of the College and Council, establishing the method of voting by any means and establishing the qualifications of persons entitled to vote at the meetings,

(i) developing, establishing, maintaining and administering

( i) standards for education programs leading to registration and for continuing education and the participation therein of audiologists and speech-language pathologists,

( ii) standards for the practice of audiology and speech-language pathology,

( iii) codes of ethics or conduct for audiologists and speech-language pathologists,

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

(k) 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,

(l) determining the aspects, subjects or matters of the business and affairs of the College and the practice of audiology and speech-language pathology that may be regulated and governed by rules of the Council,

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

(n) respecting and governing such other subjects, matters and things as the Council considers appropriate to administer this Act, including to define any terms not defined in this Act, or to advance or protect the interests of the public and the College,

(o) requiring any registrant to have, as a condition of registration, professional liability insurance and prescribing the amounts of such insurance,

and, subject to subsection (3), such bylaws shall be valid, binding and effective from the date they are passed by the Council.

(b) in subsection (2) of the English version by striking out “Executive”;

5( 3) Bylaws relating to matters described in paragraphs (1)(a), (b), (c), (i), (l), (n) and (o) shall not be effective or be acted upon until approved by the Minister.

9 Section 6 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

6( 1) Unless this Act or the bylaws otherwise provide, the Council may by resolution make any rules not contrary to the bylaws regulating any of the aspects, subjects or matters of the business or affairs of the College and the practice of audiology and speech-language pathology as may be governed by bylaw and any such rule shall be valid, binding and effective from the date of the resolution of the Council.

(b) in subsection (2) of the English version by striking out “Executive”.

10 Section 8 of the Act is repealed and the following is substituted:

8 All the bylaws and 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.

11 Section 9 of the Act is repealed and the following is substituted:

9( 1) The Council shall appoint a Registrar who shall hold office during the pleasure of the Council.

9( 2) The Council shall appoint an Executive Director who shall hold office during the pleasure of the Council.

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

12 The heading “REGISTRATION AND MEMBERSHIP” preceding subsection 10(1) of the Act is repealed and the following is substituted:

REGISTRATION

13 Section 10 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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 an audiologist or a speech-language pathologist pursuant to this Act, the bylaws and the rules;

(b) a temporary register in which shall be entered the name and address of every person who is permitted to use the designation audiologist or speech-language pathologist and to carry on the practice of audiology or speech-language pathology, as the case may be, 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 bylaws and rules; and

(c) rosters of registrants in which shall be entered the name and address of every person who is entitled to registration in any category of registration established by the bylaws, other than persons whose names are entered in the register or the temporary register.

(b) in paragraph (2)(c) by striking out “or membership”;

10( 3) The register and the temporary register shall be open for inspection by any person at the head office of the College at all reasonable times during business hours, free of charge, but any officer or employee of the College may refuse any person access to or the privilege of inspecting the said registers if there is cause to believe that such person is seeking access or inspection primarily for commercial purposes or purposes unrelated to the carrying on of the practice of audiology or speech-language pathology by an audiologist or speech-language pathologist.

14 Section 11 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

11( 1) Any person whose name is entered in the register as a speech-language pathologist, subject to any conditions, limitations or restrictions set out on their registration or in the bylaws or rules, shall be entitled to hold themselves out as a speech-language pathologist and is entitled to carry on the practice of speech-language pathology in the Province.

(b) by repealing subsection (2) and substituting the following:

11( 2) Any person whose name is entered in the register as an audiologist, subject to any conditions, limitations or restrictions set out on their registration or in the bylaws or rules, shall be entitled to hold themselves out as an audiologist and is entitled to carry on the practice of audiology in the Province.

( i) by striking out “speech-language pathology or audiology” and substituting “audiology or speech-language pathology”;

( ii) by striking out “his” and substituting “their approved”;

(d) by adding after subsection (5) the following:

11( 6) No audiologist or speech-language pathologist shall engage in the private practice of audiology or speech-language pathology without first providing the Registrar with proof of valid professional liability insurance in the minimum amount prescribed and providing proof of renewal of such insurance each year thereafter.

15 Section 12 of the Act is amended

(a) by repealing subsection (1) of the French version and substituting the following:

12( 1) Le registraire radie ou fait radier du registre, du registre provisoire ou des tableaux quiconque ne répond pas ou ne répond plus aux conditions et aux normes d’inscription à ce registre ou à ces tableaux.

(b) in subsection (2)

( i) by striking out “a speech-language pathologist or audiologist” and substituting “an audiologist or a speech-language pathologist”;

( ii) in the English version by striking out “his” and substituting “their”.

16 Section 13 of the Act is repealed and the following is substituted:

13( 1) Every person, other than an individual, who engages a person as an audiologist or a speech-language pathologist and every agency or registry that procures employment or work for a person as an audiologist or a speech-language pathologist

(a) shall ensure at the time of engagement or employment that the person is registered pursuant to this Act and the bylaws, and

(b) where a person’s engagement as an audiologist or a speech-language pathologist is terminated because of dishonesty, incompetence or incapacity, shall forthwith report the matter to the Registrar 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.

17 Section 14 of the Act is repealed and the following is substituted:

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 confirmation of registration in an electronic or other form as Council may determine from time to time to persons whose names are entered in the register, temporary register or rosters, and such confirmation 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 confirmation is issued.

14( 2) No person shall be entitled to have their name entered in a register or roster 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 registrant who offers or provides to the public services that are within the practice of audiology or speech-language pathology shall comply with the requirements prescribed relating to professional liability insurance.

18 Section 15 of the Act is amended by striking out “Association” and substituting “College”.

19 Section 16 of the Act is amended

(a) in paragraph (a)

( i) in the English version by striking out “himself” and substituting “themselves”;

( ii) by striking out “a speech-language pathologist or audiologist” and substituting “an audiologist or a speech-language pathologist”;

(b) by repealing paragraph (b) and substituting the following:

(b) assume or use any title, name, designation, initials or description, including those referred to in this Act, that does or could lead the public to believe they are a registrant of the College, an audiologist or a speech-language pathologist;

20 Section 19 of the Act is amended

(a) by striking out “member” wherever it appears and substituting “registrant”;

(b) by striking out “The Court of Queen’s Bench of New Brunswick” and substituting “the Court”;

(d) by striking out “Association” and substituting “College”.

21 Section 20 of the Act is amended

(a) by striking out “The Court of Queen’s Bench of New Brunswick” and substituting “the Court”;

(b) in the English version by striking out “Executive”;

22 Section 21 of the Act is amended

(a) in subsection (1) by striking out “Association” and substituting “College”;

(b) in subsection (2) of the English version by striking out “Executive”.

23 Section 22 of the Act is amended by repealing paragraphs (e) to (i) and substituting the following:

(e) the practice of psychology by a person authorized to carry on such practice under the provisions of the Psychologists Act;

(f) the practice of physiotherapy by a person authorized to carry on such practice under the provisions of the Physiotherapy Act;

(g) the practice of dietetics by a person who is authorized to carry on such practice under the provisions of the Dietitians Act;

(h) the practice of teaching by a person who is authorized to carry on such practice under the provisions of the Education Act;

(i) the carrying out of specific tasks constituting part of the practice of audiology or speech-language pathology by persons authorized under the bylaws of the College and under the supervision and control of an audiologist or a speech-language pathologist, as the case may be;

(j) 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; or

(k) the sale of hearing aids and the provision of services incidental thereto by any person.

24 Section 23 of the Act is repealed and the following is substituted:

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 registrant, and “registrant” includes former registrant and any person whose name is or was entered in any register or roster of the College.

23( 2) Upon receiving a complaint, the Registrar shall

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

( i) a registrant’s conduct constitutes:

( A) professional misconduct;

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

( C) incompetence;

( D) dishonesty;

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

( F) any conduct rendering the registrant unfit or incapable, or demonstrating that the registrant is unfit or incapable, to carry on the practice of an audiologist or speech-language pathologist; or

( ii) the registrant is suffering from any ailment, incapacity or condition rendering the registrant unfit or incapable to carry on the practice of audiology or speech-language pathology,

(b) if considered necessary by the Registrar, obtain additional information from the complainant or the registrant and carry out such preliminary investigation as the Registrar considers necessary,

( 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 14 days after the date when the Registrar mails or delivers a copy of the complaint, or such further date as the Registrar may allow,

(d) make such enquiries and obtain such information as the Registrar considers 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 registrant and, in making such decision, shall consider:

( i) if the complaint is vexatious;

( ii) if there is insufficient evidence of the actions, conduct or incapacity of the registrant to warrant referral of the complaint; and

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

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

(e) if a complaint is not dismissed under paragraph (d), deliver the complaint to the Complaints Committee for further investigation.

23( 3) 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.

23( 4) Upon receipt of a request under subsection (3), the Complaints Committee may confirm the decision of the Registrar to dismiss the complaint or process the complaint in accordance with this Act, the bylaws and the rules.

23( 5) The Registrar or the Complaints Committee shall advise the complainant and the registrant in writing of the disposition of a complaint under subsection (4) and shall give reasons.

25 Section 24 of the Act is repealed and the following is substituted:

24( 1) In the absence of a complaint, if the Registrar has reason to believe that the conduct or actions of a registrant may constitute professional misconduct, incompetence or incapacity, the Registrar may file a complaint with the Complaints Committee.

24( 2) For all purposes under this Act, the complaint referred to in, and to be dealt with in accordance with, the discipline provisions of the Act, bylaws or rules is the original complaint defined in subsection 23(1) or the complaint under 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.

26 Section 24.1 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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

(b) by repealing subsection (2) and substituting the following:

24.1( 2) Sexual abuse of a patient or client by a registrant means

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

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

27 Section 24.2 of the Act is amended

(a) in subsection (1) by striking out “member” and substituting “registrant”;

(b) by repealing subsection (2) and substituting the following:

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

24.2( 3) If the reasonable grounds for filing a report pursuant to subsection (1) have been obtained from one of the registrant’s patients or clients, the registrant shall use their best efforts to advise the patient or client that the registrant is filing the report before doing so.

(d) in subsection (4)

( i) in paragraph (a) by striking out “member” and substituting “registrant”;

( ii) in paragraph (c) by striking out “member” and substituting “registrant”;

( iii) in paragraph (d) by striking out “member” and substituting “registrant”;

(e) in subsection (7) by striking out “member” and substituting “registrant”.

28 Section 24.3 of the Act is repealed and the following is substituted

24.3 The Council shall establish and appoint the members of a Complaints Committee which shall be composed of such members or persons as Council determines necessary, provided at least one person shall be a registrant and at least one person shall not be a registrant, and who shall serve for such terms as is determined by the Council.

29 Section 24.4 of the Act is repealed and the following is substituted:

24.4( 1) The Complaints Committee, upon being referred a complaint, shall consider the complaint and gather such information and documents as it considers necessary respecting the complaint.

24.4( 2) The Complaints Committee may engage such persons as it considers proper to assist it in the consideration and investigation of complaints and may determine its own rules of procedure, which need not be in writing.

30 Section 24.5 of the Act is repealed and the following is substituted

24.5 Where the Complaints Committee receives a complaint, the Committee shall notify the registrant of the complaint, provide the registrant with a copy of the complaint and advise the registrant that the registrant may make a written submission to the Committee with respect to the matter within 30 days after receiving the notice.

31 Section 24.6 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “member” and substituting “registrant”;

( ii) in paragraph (a) by striking out “member’s” and substituting “registrant’s”;

( iii) in paragraph (b) by striking out “member’s” and substituting “registrant’s”;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “member” and substituting “registrant”;

(d) by repealing subsection (5) and substituting the following:

24.6( 5) A registrant against whom action is taken under subsection (1) may apply to the Court for an order staying the action of the Complaints Committee.

(e) in subsection (6) by striking out “Association” and substituting “College”.

32 Section 24.7 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “member” and substituting “registrant”;

(b) in subsection (2)

( i) by striking out “member” and substituting “registrant”;

( ii) by striking out “by registered or certified mail”.

33 The Act is amended by adding after section 24.7 the following:

24.8( 1) Every registrant who has reasonable grounds to believe the conduct of another registrant constitutes professional misconduct, incompetence or incapacity shall disclose to the Registrar the name of such registrant together with particulars of the professional misconduct, incompetence or incapacity, and any failure by a registrant to comply with this subsection shall be deemed to be professional misconduct.

24.8( 2) Subsection (1) does not apply to information obtained by a registrant which is confidential by reason of a professional-patient or professional-client relationship, unless the patient or client consents to such disclosure.

24.8( 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.

34 Section 25 of the Act is amended

(a) in subsection (1) of the English version by striking out “Executive”;

(b) by repealing subsection (2) and substituting the following:

25( 2) The Committee shall be composed of audiologists and speech-language pathologists and at least one person who is not a registrant, and none of the Committee members shall be a councillor of the College.

(d) by repealing subsection (5) and substituting the following:

25( 5) The Committee shall conduct its proceedings in accordance with its own rules of procedure, which need not be in writing, and may do all things and engage such persons including legal counsel as it considers necessary to provide for the hearing of any complaint that has been referred to it, and in no case is the Committee bound to follow the technical rules of evidence or procedure applicable in judicial proceedings.

(e) in paragraph (6)(b) of the English version by striking out “Executive”;

(f) by repealing subsection (7) and substituting the following:

25( 7) The Committee shall 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 registrant is guilty of a matter described in subparagraph 23(2)(a)(i) or is suffering from an ailment, incapacity or condition described in subparagraph 23(2)(a)(ii) in such manner as it considers fit.

(g) by repealing subsection (8) and substituting the following:

25( 8) After reviewing all 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 registrant’s registration be suspended for a specific period of time during which the registrant shall have their name removed from the register, the temporary register or any roster in which their name may be entered,

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

(c) order that the registrant’s registration be revoked and the registrant’s name be removed from the register, the temporary register or any roster in which their name may be entered,

(d) where a registration is revoked, order that the registrant not be permitted to apply for reinstatement until after a period of time and subject to such conditions specified by the Committee,

(e) order that conditions or limitations be imposed on the registrant’s registration or practice and so inform the registrant’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 registrant to the College for the use of the College, and such fine may be recovered by the College 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 considers appropriate,

(j) attempt to resolve informally any complaint if the Committee considers appropriate, or

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

(h) in paragraph (8.1) (b) by striking out “Association” and substituting “College”;

(i) by repealing subsection (9) and substituting the following:

25( 9) Notwithstanding any other provision in this Act, if at any time a registrant admits any allegation in a complaint alleging a matter set out in paragraph 23(2)(a), and the registrant waives in writing the right to any other or further hearing or proceedings pursuant to this Part, the Committee or the Complaints Committee may

(a) agree to cancel all hearings or proceedings and to accept the registrant’s resignation on such terms and conditions as the Committee or the Complaints Committee may specify; or

(b) make any order, finding or decision that may be made pursuant to this section or section 35.

(j) by adding after subsection (9) the following:

25( 10) Subject to subsections (11) and (12), a hearing is open to the public.

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

(a) financial, personal or other matters may be disclosed at the hearing of such a nature that the harm created by disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public,

(b) a person involved in a criminal proceeding or a civil suit or proceeding may be prejudiced, or

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

25( 13) No order shall be made under subsection (11) or (12) that prevents the publication of anything that is contained in the register and available to the public.

25( 14) The Committee may make an order that the public be excluded from the part of the hearing dealing with a motion for an order under subsection (11) or (12).

25( 15) The Committee may make any order necessary to prevent the public disclosure of matters disclosed in the submission relating to any motion described in subsection (14), including prohibiting the publication or broadcasting of those matters.

25( 16) The Committee shall state, at the hearing, its reasons for any order made under subsection (11) or (12), and any such order and the reasons for it shall be made available to the public in writing.

25( 17) Where the Committee makes an order under subsection (11) or (12) in whole or in part because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Committee

(a) shall allow the parties, the complainant and their legal and personal representatives to attend the hearing, and

(b) may allow such other persons as the panel considers appropriate to attend the hearing.

35 Section 26 of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “or the Executive Council”;

( ii) by repealing paragraph (b) and substituting the following:

(b) the Chairperson of the Discipline Committee, or

( iii) by repealing paragraph (c) and substituting the following:

( iv) in the portion following paragraph (c) by striking out “or the Executive Council”;

(b) in subsection (2) by striking out “The Court of Queen’s Bench of New Brunswick” and substituting “the Court”;

(d) in subsection (4) by striking out “or the Executive Council acting pursuant to Part VI”.

36 Section 27 of the Act is amended by repealing subsection (1) and substituting the following:

27( 1) In all proceedings before the Discipline Committee, the registrant against whom a complaint has been made

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

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

(c) shall be entitled to a full right to examine, cross-examine and re-examine witnesses in accordance with the rules of procedure, which need not be in writing, established by the Committee,

(d) 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,

(e) shall be entitled to at least 14 days’ written notice of the date of the first hearing of the Committee, and

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

37 Section 27.1 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

27.1( 1) The Registrar may appoint one or more investigators to investigate whether the acts or conduct of a registrant constitutes an act or conduct described in paragraph 23(2)(a) or whether the registrant is suffering from an ailment, incapacity or condition rendering the registrant unfit or incapable of carrying on the practice of audiology or speech-language pathology if the Complaints Committee has received a complaint about the registrant and has requested the appointment.

(b) in subsection (2) by striking out “Association” and substituting “College”.

38 Section 27.2 of the Act is amended

(a) in subsection (1)

( i) in the English version by striking out “his or her” and substituting “their”;

( ii) by striking out “member” and substituting “registrant”;

(b) in subsection (3) of the English version by striking out “his or her” and substituting “their”.

39 Section 27.3 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “judge of The Court of Queen’s Bench of New Brunswick” and substituting “judge of the Court”;

( ii) by repealing paragraph (a) and substituting the following:

(a) the acts or conduct of the registrant being investigated would constitute an act or conduct described in subparagraph 23(2)(a)(i) or that the registrant is suffering from an ailment, incapacity or condition rendering the registrant unfit or incapable of carrying on the practice of audiology or speech-language pathology, and

(b) in subsection (3) of the English version by striking out “his or her” and substituting “their”.

40 Subsection 27.4(1) of the Act is amended by striking out “Association” and substituting “College”.

41 Section 28 of the Act is repealed and the following is substituted:

28( 1) If

(a) a registrant against whom a complaint has been made is dissatisfied with a decision of the Discipline Committee, or

(b) an applicant for registration is dissatisfied with a decision made by the person or body empowered by bylaw to make such decision with respect to their application,

such person may, by serving a written notice of appeal on the Registrar within 30 days after the date on which notice of said decision was given to that person, appeal the decision to the Court.

28( 2) 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.

28( 3) The notice of appeal shall set forth the grounds of appeal and the relief sought and shall be served upon the Registrar and the Clerk of the Court for the judicial district in which the head office of the College is located.

42 Section 29 of the Act is amended

(a) in subsection (1) by striking out “Executive Council a” and substituting “Court the”;

(b) by repealing subsection (2) and substituting the following:

29( 2) The Registrar shall provide the appellant with a copy of the record on appeal upon payment by the appellant of the costs and disbursements associated with the production of the record.

43 Section 30 of the Act is repealed and the following is substituted:

30 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.

44 Section 31 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “Executive Council” and substituting “Court”;

(b) in paragraph (d) by striking out “or” at the end of the paragraph;

(d) by adding after paragraph (e) the following:

(f) make such order as to costs as may be just.

45 Section 32 of the Act is repealed.

46 Section 33 of the Act is repealed.

47 Section 34 of the Act is amended

(a) by repealing subsection (1);

(b) in subsection (2) by striking out “Association” and substituting “College”.

48 The Act is amended by adding after section 34 the following:

34.1 Despite 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.

49 Section 35 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a)

( A) by striking out “or the Executive Council”;

( B) by striking out “Association” and substituting “College”;

( ii) in paragraph (a) by striking out “member” wherever it appears and substituting “registrant”;

( iii) in paragraph (b) by striking out “or Executive Council”;

( iv) in the portion following paragraph (b) by striking out “member” and substituting “registrant”;

(b) in subsection (2)

( i) by striking out “registrar” wherever it appears and substituting “Clerk”;

( ii) by striking out “The Court of Queen’s Bench of New Brunswick” and substituting “the Court”;

( i) by striking out “Executive Council” wherever it appears and substituting “Court”;

( ii) by striking out “Association” and substituting “College”.

50 Section 36 of the Act is amended

(a) in paragraph (a)

( i) by striking out “Association” and substituting “College”;

( ii) in the English version by striking out “Executive”;

(b) by repealing paragraph (b) and substituting the following:

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

51 Section 37 of the Act is amended

(a) in the English version by striking out “Executive” wherever it appears;

(b) by striking out “Association” and substituting “College”;

52 Section 38 of the Act is repealed.

53 Section 39 of the Act is repealed and the following is substituted:

39 A resolution, report, recommendation, decision, finding or order of the Council or any committee of the Council or of the College in writing and signed or electronically signed by all councillors or persons entitled to vote on the resolution, report, recommendation, decision, finding or order, or signed or electronically signed in counterparts thereof, is as valid as if passed, enacted, determined or made at a meeting of the Council or the committee, and may be transmitted by facsimile, email or other electronic means.

54 Section 40 of the Act is amended

(a) by striking out “Association” wherever it appears and substituting “College”;

(b) in the English version by striking out “Executive” wherever it appears.

55 Section 41 of the Act is repealed and the following is substituted:

41 Whenever notice is required or permitted to be made or given pursuant to the Act, the bylaws or the rules:

(a) the notice may be given by notice in writing by personal delivery, ordinary mail, facsimile, email or other electronic means;

(b) if mailed, the 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; and

(c) if transmitted by facsimile, email or other electronic means, the notice shall be deemed to have been received on the day of its transmission if such day is a business day and, if transmission is not made on a business day, on the next business day.

56 Section 41.1 of the Act is amended by striking out “member’s” and substituting “registrant’s”.

57 Section 41.2 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “Association” and substituting “College”;

(b) in subsection (4)

( i) in the portion preceding paragraph (a) by striking out “member” wherever it appears and substituting “registrant”;

( ii) in paragraph (a)

( A) by striking out “member” wherever it appears and substituting “registrant”;

( B) by adding “or client” after “patient”;

(d) in subsection (6) by striking out “Association’s” and substituting “College’s”.

58 Section 41.3 of the English version of the Act is amended by striking out “Executive”.

59 Section 41.4 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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

(b) in subsection (2)

( i) in paragraph (a) by striking out “members” and substituting “registrants”;

( ii) in paragraph (b) by striking out “members with patients” and substituting “registrants with patients or clients”;

60 Section 41.5 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

41.5( 1) The College shall report to the Minister within two years after the commencement of this section, and within 30 days at any time thereafter on the request of the Minister, respecting the measures it is taking and has taken to prevent and deal with the sexual abuse of patients or clients by registrants of the College.

(b) by repealing subsection (2) and substituting the following:

41.5( 2) The College shall report annually to the Minister respecting any complaints received during the calendar year concerning sexual abuse of patients or clients by registrants or former registrants of the College.

(c) in subparagraph (3)(b)(iv) by striking out “or from the decision of the Executive Council and the date and” and substituting “, the date and the”.

61 Section 41.6 of the English version of the Act is amended by striking out “Executive”.

62 Section 42 of the English version of the Act is amended by striking out “Executive”.

63 Section 43 of the Act is amended by striking out “the Association” and substituting “the College”.

64 Form A of the Act is repealed and the attached Form A is substituted.

External form

Form A