Medical Act

WHEREAS the New Brunswick Medical Society and the Medical Council of New Brunswick have by their joint petition prayed that it be enacted as hereinafter set forth;

AND WHEREAS it is deemed expedient to grant the prayer in the said petition;

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

1 This Act may be cited as the Medical Act.

2   In this Act, unless the context otherwise requires, "College" means the College of Physicians and Surgeons of New Brunswick, continued by section 5; "previous Act" means the Medical Act, chapter 74 of 7 Elizabeth II, 1958; and "Society" means the New Brunswick Medical Society continued by section 74.

3   In this Part, unless the context otherwise require,

"associate member" means a person who is registered on the Medical Education Register, the Corporations Register or the Physician Assistants Register and holds a licence;

"Board" and "Board of Inquiry" means Board of Inquiry appointed under section 59;

"complaint" means any allegation made, issue raised or information provided, by any body corporate, association, the Registrar, the Council, the Executive Committee, the Complaints and Registration Committee, the Review Committee or any other person regarding the conduct, actions, competence, character, fitness, health or ability of a present or former member or, associate member; or the present or former employees of a member, or associate member;

"Complaints and Registration Committee" means the Committee maintained under section 57;

"Corporations Register" means the register kept persuant to subsection 31(1);

"Council" means the Council of the College constituted under section 8;

"disciplinary matter" means any matter involving an allegation of professional misconduct or incapacity or unfitness to practise on the part of a member of associate member;

“enabling certificate” Repealed: 1997, c.71, s.4.

"Executive Committee" means the committee established under section 21.1;

"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, treatent or care of individuals who are injured, sick, disabled or infirm,

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

"hospital" means a hospital as defined in the Public Hospitals Act;

"incapacitated member" means a member of associate member suffering from a physical or mental condition or disorder, emotional disturbance, or the abuse of alcohol, drugs or other substance to the extent that it is desirable in the interests of the public, or the member or associate member, that he no longer be permitted to practise, or that his practice be suspended or subject to conditions, limitations or restrictions;

"licence" means a valid and subsisting licence issued under this part, and "licensed" has a corresponding meaning;

"medical education register" means the register kept pursuant to subsection 32(1);

"medical practitioner" means a person who is registered in the Medical Register or on the Medical Education Register under paragraph 32(3)(c);

“medical student” Repealed: 1997, c.71, s.4.

"member" means a person who is registered in the Medical Register, and holds a licence;

“osteopathic practictioner”Repealed: 2009, c. ?, s.1

“Osteopathic Register" Repealed: 2009, c.?, s.1

"Peer Assessment Committee" means the committee established pursuant to subsections 62.1(2) or (3);

"practice of medicine" includes the practice of medicine, surgery, and osteopathic medicine and the specialties and subspecialties thereof;

“prescribed” Repealed: 2009, c.?, s.1

"professional corporation" means a corporation which is registered in the Corporations Register;

"professional misconduct" means conduct unbecoming a member or associate member in his practice and includes, without limiting the generality of the term, sexual abuse, failure to report sexual abuse under section 52.2, the matters referred to in section 56, and breach of subsection 62.1(7), as well as any other act or omission defined by regulation to constitute professional misconduct;

"register" includes the Medical Register, Medical Education Register, Medical Specialists Register, and Corporations Register, as the context may require;

"registered" means registered under this Act;

"registered mail" includes certified mail and prepaid mail or prepaid courier pursuant to Rules 18.03(3), 18.03(4) and 18.03(5) of the Rules of Court;

"Registrar" means the person holding the office of Registrar under section 19;

“Regulated Licenses Register” Repealed: 2009, c. ?, s.1

"Review Committee" means the committee maintained under section 58;

"sexual abuse" includes

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

(b) touching, of sexual nature or in a sexual manner, of the patient by the member or associate member, and 

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

but does not include touching, behaviours or remarks of a clinical nature appropriate to the service provided;

"specialist's license" means a license issued under section 30; and

“Temporary Register” Repealed: 1989, c.45, s.1.

"unfit member" means a member or associate member who has demonstrated a lack of knowledge, skill or judgment, or disregard for the welfare of a patient, of a nature and extent making it desirable in the interests of the public or the member or associate member that he no longer be permitted to practise, or that his licence to practise be suspended or subjected to conditions, limitations or restrictions.

4  The words "duly qualified medical practitioner", "duly qualified practitioner", "legally qualified medical practitioner", "legally qualified physician", "physician" or any like words or expressions implying a person recognized by law as a medical practitioner or member or associate member of the medical profession in the Province, when used in any regulation, rule, order or by-law made under an Act of the Province enacted or made before, at or after the commencement of this Act, or when used in any public document, shall be read as including a person registered in the Medical Register,or Medical Education Register under paragraph 32(3)(c).

5(1) The Medical Council of New Brunswick, continued by section 6 of the previous Act, is hereby continued as a body corporate and politic without share capital, to be called the College of Physicians and Surgeons of New Brunswick

5(2) The College shall have perpetual succession and a common seal, with power to acquire, hold,       lease, mortgage and otherwise dispose of real and personal property, and may sue and be sued.

5(3) The objects of the College are

(a) to regulate the practice of medicine and to govern its members and associate members in accordance with this Act and the regulations,

(b) to establish, maintain and develop standards of knowledge and skill among its members and associate members, 

(c) to establish, maintain and develop standards of qualification and practice for the practice of medicine, 

d) to establish, maintain and develop standards of professional ethics among its members and associate members, 

e) to administer this Part and perform such other duties and exercise such other powers as are imposed or conferred on the College by or under any Act, and 

(f) such other objects relating to human health care as the Council considers desirable, in order that the public interest may be served and protected.

5(4) In addition to any other power conferred by this or any other Act, the College may do such things as it considers appropriate to advance the objects of the College and in particular, but not so as to limit the foregoing, the College may

(a) purchase, take in, lease, exchange, hire, construct and otherwise acquire and hold, sell, mortgage, hypothecate, lease out or otherwise deal with any real or personal property;

(b) draw, make, accept, endorse, discount, execute, and issue promissory notes, bills of exchange, warrants and other negotiable and transferable instruments;

(c) engage such servants and employees as may from time to time be deemed expedient;

(d) expend the moneys of the College in the advancement of its objects and the interests
of the medical and osteopathic professions in such manner as may seem expedient;

(e) establish and maintain such offices and agencies as may be deemed expedient;

(f) invest and deal with any moneys and funds of the College which are not immediately required, in such manner as may seem expedient;

(g) improve, manage, develop, exchange, dispose of, turn to account or otherwise deal with the real or personal property of the College;

(h) borrow money for the use of the College on its credit, limit or increase the amount to be borrowed, issue bonds, debentures, debenture stock and other securities on the credit of the College, and pledge or sell such securities for such sums or at such prices as may be deemed expedient; and

(i) do such things as are incidental or necessary to the exercise of these powers.

7(2) The Council shall, subject to this Act, govern, control and administer the affairs of the College, and, without limiting the generality of the foregoing, may make regulations

(a) providing for the management of the College, including the keeping of the registers to be kept under this Part;

(b) providing for the holding of meetings of the College or Council, and the conduct of such meetings;

(c) fixing the time and place for regular meetings of Council, determining by whom meetings may be called, regulating the conduct of meetings, providing for emergency meetings, and regulating the notice required in respect of meetings;

(d) providing for the appointment of such committees as Council may deem expedient;

(e) respecting the composition, powers and duties of such committees as may be appointed by Council, including the Executive Committee, and providing for the holding and conduct of meetings of such committees;

(f) respecting the powers and duties of the Registrar, and the officers, servants and employees of the College;

(g) prescribing fees payable under this Part by applicants for registration, and, if deemed advisable, designating different classes of applicants and prescribing different fees for different classes;

(h) prescribing annual licence fees payable under this Part by members and associate members of the College;

(i) prescribing the fees and allowances of members of the Council, committees and Boards of Inquiry, and providing for the payment of necessary expenses of the Council, committees and Boards of Inquiry;

(j) respecting the recognition of medical and osteopathic schools and examinations as prerequisites to registration and licensing;

(k) respecting the registration and licensing of members and associate members;

(k.1) requiring professional liability insurance or requiring the entering into of arrangements for indemnity for professional liability of members and associate members including professional corporations as requirements of registration and licensing;

(l) respecting the educational qualifications of applicants for registration as members and associate members;

(m) respecting a peer assessment program in accordance with section 62.1 hereof and programs of continuing education, and requiring members and associate members to participate in any such programs, and providing for any other matter which will facilitate of give effect to such programs;

(n) respecting the disciplining of members and associate members and the revocation or suspension of licences issued under this Part;

(o) respecting the reporting and publication of decisions in disciplinary matters;

(p) defining of establishing what constitutes "professional misconduct" for the purposes of this Act;

(p.1) defining or establishing what constitutes “the costs of the Council” for purposes of this Act;

(q) regulating, controlling, and prohibiting the use of terms, titles or designations by members and associate members, or groups or associations of members and associate members, in respect of their practice;

(r) prescribing the records and accounts to be kept by members and associate members with respect to their practice, and providing for the production, inspection and examination of such records and accounts;

(s) regulating the compounding, dispensing and sale of drugs by members and associate members;

(t) determining the relationship between the College and the Medical Council of Canada, and incorporating into the regulations any of the provisions of the Canada Medical Act, R.S.C. 1952, Chapter 27 that are not contrary to the provisions of this Act;

(u) prescribing the seal of the College;

(v) providing the execution of documents by the College;

(w) prescribing examinations to be written by applicants for registrations;

(x) respecting residential qualifications of applicants for registration as members and associate members,

(y) respecting the terms and conditions under which telemedicine may be practiced;

(y.1) prescribing forms and providing for their use;

(y.2) providing procedures not inconsistent with this Act for the making, amending and revoking of regulations;

(z) providing that the licence of a member or associate member be suspended without notice or investigation upon contravention of any regulation that requires the member or associate member to pay a fee, file a document or do any other act by a specified or ascertainable date, and providing for the reinstatement of a licence so suspended; and

(z.1) respecting and governing such other subjects, matters and things as may be required to give effect to the objects of the College and the provisions of this Act.

7(3) The registrar shall cause the text of any regulation enacted by the Council to be sent to all members.

7(4) No act or thing done in reliance upon, or right acquired under or pursuant to, a regulation that is subsequently repealed or amended shall be prejudicially affected by such repeal or amendment.

7(5) All the regulations of the College shall be available for inspection by any person, free of charge, at the head office of the College, at all reasonable times during business hours and will be posted on the College’s website.

7(6) A certificate purporting to be signed by the Registrar stating that a certain regulation or provision of a regulation of the College was

(a) approved by the Minister of Health under section 7.1, or

(b) on a specified day or during a specified period, a regulation or provision of a regulation of the College in full force and effect, constitutes primae facie evidence of the facts stated in the certificate in any proceeding under this Act or the regulations, or in any court, without proof that the person who signed the certificate is the Registrar, or that it is his signature.

7(7) A resolution in writing, or counterparts of a resolution, signed by two-thirds of all members entitled to vote thereon at a meeting of the College shall be as valid and effective as if duly passed at a meeting of the members of the College shall be as valid and effective as if duly passed at a meeting of the members of the College.

7(8) A resolution in writing, or counterparts of a resolution, signed by two-thirds of all members entitled to vote thereon at a meeting of the Council, or a committee or a board of the Council or the College, shall be as valid and effective as if duly passed at a meeting of the members of the Council, the committee or the board, as the case may be.

7(9) A member of the Council, or of a committee or a board of the Council or the College, may participate in any meeting of the Council, the committee or the board, as the case may be, by telephone or other communications facilities that permit all persons participating in a meeting to communicate with each other, and a member participating in a meeting by such means is deemed to be present at the meeting.

7(10) A meeting of the Council, or of a committee or a board of the Council or College, may be held by a conference telephone call or other communications facilities that permit all persons participating in the meeting to communicate with each other, and all members participating in the meeting by such means are deemed to have been present at the meeting.

7(11) Where a member or associate member appears at a meeting of Council, or at a meeting of a committee or board of the College or Council, relating to his alleged professional misconduct, incapacity or fitness to practise, subsections (9) and (10) apply to such meetings if the member or associate member consents.

(a) provides for continuing medical education,

(b) establishes qualifications for registration of a person in the Medical Register, Medical Education Register, Regulated Licenses Register or Osteopathic Register, or

(c) deals with or related to conflict of interest,

is not effective until approved by the Minister of Health and Community Services.

7.1(2)  For the purposes of subsection (1), “conflict of interest” means a conflict of interest resulting from

(a) the member or associate member being a member of a board, committee or other body of the College, a hospital or government agency having decision making authority or acting in an advisory capacity with respect to matters that may benefit the member or associate member, directly or indirectly; in their practice of medicine;

(b)  the member or associate member receiving a financial or other benefit from their direct or indirect ownership of an interest in a commercial enterprise that provides a product or service that may be prescribed or recommended by them for a patient or in their practice of medicine; or

(c)  the member or associate member receiving a financial or other benefit, directly or indirectly, in circumstances that may conflict with their professional responsibilities as a member, associate member or in their practice of medicine.

7.1(3) This section does not apply to the repeal or replacement of a regulation or a provision of a regulation resulting from a consolidation of a regulation or regulations.

8(1) The Council shall consist of

(a) not less than nine and not more than twelve members of the College elected in the manner provided by this Act;

(b) one member of the College appointed by the Minister of Health, who may be the Minister if he is a member of the College; and

(c) four persons appointed by the Lieutenant-Governor in Council who are not members of the College and are selected from a list submitted by the Council containing at least three more persons than the number to be appointed at the time.

8(2) Members of Council shall be elected or appointed to office for a term of three years.

8(3) Notwithstanding subsection (2) the terms of office of members of Council upon the first election or appointment of members of Council shall be

(a) not less than three members of the College elected for a term of one year;

(b) not less than three members of the College elected for a term of two years;

(c) not less than three members of the College elected for a term of three years;

(d) one member of the College appointed by the Minister of Health for a term of one year;

(e) one person appointed by the Lieutenant-Governor in Council for a term of two years; and

(f) one person appointed by the Lieutenant-Governor in Council for a term of three years.

8(4) Notwithstanding subsection (1), the persons who at the coming into force of this Act make up the Medical Council of New Brunswick constituted under the previous Act shall constitute the Council until the election or appointment of members under subsection (3).

9  In the event that the Province is divided into medical electoral districts for the election of members of Council under section 8, Council shall, by regulation, provide for the division on the basis of proportionate representation.

10(1) Only members of the College resident in the Province are eligible to vote in an election of Council.

10(2) A member of the College may vote for as many candidates for membership on the Council as there are vacancies to be filled from the medical electoral district in which he resides.

10(3) No member of the College shall vote except for a member who has been nominated as a candidate for membership on Council to represent the medical electoral district in which he resides.

11  For the purposes of this Act, the address of any member, associate member, or professional corporation as entered in a register shall be deemed to be the residence of that member, associate member, or professional corporation.

12(1) No person is eligible to be nominated as a candidate for membership on Council who is not entitled to vote at elections of members of the Council.

12(2) Every elected member of Council is eligible to be nominated as a candidate for membership on Council, but shall not be a member of Council for more than three consecutive terms in addition to any partial term he has been elected to serve under paragraph 17(1)(b).

13  The Council may make regulations governing elections of members of Council and those regulations may

(a) provide for the procedure for the nomination of candidates;

(b) provide for the division of the Province into medical electoral districts and prescribe the number of members of Council to be elected from each medical electoral district;

(c) provide for the appointment or designation of presiding officers for the election;

(d) prescribe the forms to be used; and

(e) prescribe the procedure to be used for the holding of the elections and for determining the persons elected as members of the Council.

15   The ballots used at an election shall not be destroyed until all petitions under section 16 in respect of the election have been decided, and shall be retained by the Registrar, together with all other papers in connection with the election.

16(2) The petitioner shall state in his petition, the grounds on which the election is disputed.

16(3) The petitioner shall serve a copy of the petition upon the person whose election is disputed.

16(4) Where a petition is filed with the Registrar under subsection (1), the Council shall hold an inquiry, and

(a) if the election is found to be illegal, or

(b) if the person is found not to be eligible to be nominated as a candidate for membership on Council, shall order that a new election be held.

(a) in case of failure in an election to elect the required number of duly qualified members of Council, or

(b) in case of a vacancy occurring from the death or resignation of a member of Council or from any other cause, shall hold an election within sixty days for the purpose of filling the vacancy or vacancies.

17(2) Notwithstanding subsection (1), if a vacancy occurs for any reason within six months before the date of an election of members of Council, the vacancy shall be filled at such election.

17(3) Where an election is held under subsection (1) or (2) to fill a vacant Council position, the term of office for the vacant Council position shall be the remainder of the unexpired term of such position.

18   A member of Council shall cease to hold office

(a) if he resigns by notice in writing delivered to the Registrar;

(b) if he ceases to reside in the medical electoral district for which he was elected;

(c) if he ceases to be a member in good standing of the College; or

(d) if he is absent from three consecutive meetings of Council, unless excused by Council.

19(1) The Council shall elect annually from its members a President and Vice-President.

19(2) The Council shall appoint a Registrar, who shall hold office during the pleasure of Council, at such salary or other remuneration as Council may decide.

19(3) The Council may appoint an Acting Registrar, who shall exercise the powers and duties of the Registrar in the event of the death or incapacity of the Registrar, or his absence from the Province.

19(4) The Council may appoint such other officers, servants or employees at such salary or other remuneration, and for such term of office as Council considers necessary to assist it in carrying out its duties under this Act.

20   The Council may appoint annually such committees from among members of the Council or the College as Council considers necessary to assist it in carrying out its duties under this Act.

21(1) Subject to subsection (2), the President shall preside at all meetings of Council and the College.

21(2) If the President is absent from a meeting, the Vice-President or, in his absence, some other member to be chosen from the members present, shall preside at that meeting.

21(2.1) During the President’s absence or inability or refusal to act, the President’s duties may be performed and his powers may be exercised by the Vice-President who shall also have such other authority and perform such other duties as may from time to time be prescribed by Council.

21(3) Except in the event of an equal number of votes being given for and against a resolution at any meeting, the President or other presiding officer shall not vote.

21.1(1) There shall be a standing committee of Council designated as the Executive Committee.

21.1(2) The Executive Committee shall be composed of the President who will be Chairman, the Vice-President who will be Vice-Chairman, and not less than two and not more than four other members of Council appointed by the Council at least one of whom was appointed by the Lieutenant-Governor in Council under paragraph 8(1)(c).

21.1(3) All members of the Executive Committee are entitled to vote at meetings.

21.1(4) A majority of the members of the Executive Committee constitutes a quorum to carry on the business of the Committee.

21.1(5) Subsections 7(8), (9), (10) and (11) apply to the Executive Committee.

21.1(6) Between meetings of Council, the Executive Committee has all the powers of Council with respect to any matter that, in the Committee's opinion, requires attention, other than the power to make, amend or revoke a regulation.

21.1(7) If the Executive Committee exercises a power of the Council under subsection (6), it shall report on its actions to the Council at the Council's next meeting.

21.1(8) Any action of the Executive Committee in exercise of its powers under subsection (6) is deemed to be an action of Council for all purposes of this Act.

23(1) The Council shall keep a register called the Medical Register in which shall be entered the name, address and qualifications of all persons who are entitled under this Act to be registered therein.

23(2) The name, address and qualifications of every person who, at the coming into force of this Act, is registered under the previous Act, shall be entered in the Medical Register, but shall continue under any stipulations or limitations attached to his previous registration.

23(3) The Registrar shall issue a license to every person who, at the coming into force of this Act,

(a) is registered under Section 14 or 15 of the previous Act; and

(b) holds a license.

23(4) Every licence issued under subsection (3) shall be subject to any conditions or limitations attached to the registration under the previous Act.

23.1 The Council may make regulations

(a) governing the persons or classes of persons who may be registered in the Medical Register;

(b) dividing the Medical Register into parts representing the classes of persons who may be registered therein;

(c) prescribing the qualifications required for registration in the Medical Register;

(d) providing for the suspension or revocation of any registration in the Medical Register;

(e) prescribing the duration of licences issued under section 23 and registrations in the Medical Register;

(f) prescribing the extent to which and terms and conditions under which persons registered in the Medical Register may engage in the practice of medicine; and

(g) prescribing by whom applications may be made under section 23, and the procedure on such applications.

25(1) The Council may direct the Registrar to enter in the Medical Register the name, address and qualifications of any person who

(a) is a graduate of a medical, or osteopathic medical, school approved by Council;

(b) has completed a program of pre-registration physician training satisfactory to Council;

(c) if applicable, produces a certificate under the hand of the Registrar of the Medical Council of Canada, that his name appears in the Canadian Medical Register in pursuance of the Canada Medical Act, R.S.C. 1952, chapter 27;

(d) produces a letter of good standing from the Jurisdiction in which he has practised medicine prior to applying under this section;

(e) satisfies Council that he possesses the qualifications required for registration in the Medical Register, and

(f) complies with the requirements of section 34.

25(2) Upon receiving a direction from Council mentioned in subsection (1), the Registrar shall

(a) enter the name, address and qualifications of the person named therein in the Medical Register; and

(b) issue a licence to such person for such period, and upon such conditions as Council may direct.

30(1) The Council shall keep a register called the Medical Specialists Register in which shall be entered the name, address, qualifications and specialty of all members who are entitled under this Act to be registered therein.

30(2) The Council may make regulations

(a) defining classes of specialists in the various branches of medicine;

(b) dividing the Medical Specialists Register into parts representing the classes of specialists as defined by Council;

(c) prescribing the qualifications required for registration in the Medical Specialists Register;

(d) providing for the suspension or revocation of any registration in the Medical Specialists Register;

(e) providing for the regulation and prohibition of the use terms, titles or designations by members indicating specialization in any branch of medicine; and

(f) prescribing the duration of specialists' licences and registrations in the Medical Specialists Register.

30(3) The Council may direct the Registrar to enter in the Medical Specialists Register the name, address, qualifications and specialty of any medical practitioner who

(a) holds a licence;

(b) satisfies Council that he possesses the qualifications required for registration in the Medical Specialists Register; and

(c) complies with the requirements of section 34.

30(4) Upon receiving a direction from Council mentioned in subsection (3), the Registrar shall enter the name, address, qualifications and specialty of the person named therein, in the Medical Specialists Register, and issue a specialist's licence to such person for such period, and upon such conditions as Council may direct.

30(5) The Registrar shall enter in the Medical Specialists Register the name, address, qualifications and specialty of every person who, at the coming into force of this Act is registered in the Specialists Register under section 20 of the previous Act and who holds a licence and shall issue a specialist's licence to such persons.

30(6) Every licence issued under subsection (5) shall be subject to any conditions or limitations attached to the registration in the Specialists Register under section 20 of the previous Act.

31(1) The Council shall keep a register called the Corporations Register.

31(2) The Council may make regulations

(a) requiring the filing of periodic returns by corporations registered in the Corporations Register;

(b) providing for the annual renewal of licences issued under this section, and prescribing the terms and conditions upon which renewals may be granted; and

(c) prescribing the types of names 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 individual practitioners may be known.

31(3) The Council may direct the Registrar to enter in the Corporations Register the name and address of any corporation which

(a) submits to the Registrar an application in the form prescribed by Council;

(b) pays the prescribed fees;

(c) satisfies the Registrar that it is a corporation in good standing under the Business Corporations Act or the Companies Act;

(d) satisfies the Registrar that the articles or other constituting documents of the corporation do not prevent the corporation from rendering the same medical services to the public that a member of the College of Physicians and Surgeons of New Brunswick is authorized to render;

(e) satisfies the Registrar that the name of the corporation contains the words "Professional Corporation", "Prof. Corp." or "P.C." or appropriately depicts, in accordance with the regulations, that it is engaged in the practice of medicine;

(f) satisfies the Registrar that the legal and beneficial ownership of all the issued voting shares, and all rights incidental to the ownership of the voting shares, of the professional corporation are vested exclusively

(i) in one or more members or the College, or

(ii) in corporations where the legal and beneficial ownership of all the issued voting shares, and all rights incidental to the ownership of the voting shares, of the corporations are vested in one or more members of the College,

and that no less than two-thirds of the directors of the professional corporation and all of the corporations holding voting shares in the professional corporation are at all times members of the College; and

(g) satisfies the Registrar that the persons who will carry on the practice of medicine or osteopathy on behalf of the corporation are members of the College.

31(4) For the purposes of paragraph 3(g), the practice of a member of the College shall be deemed not to be carried on by clerks, secretaries, nurses and other assistants employed by the corporation to perform services which are not usually and ordinarily consider by law, custom or practice to be services which may be performed only by a member of the College.

31(5) Upon receiving a direction from Council mentioned in subsection (3), the Registrar shall

(a) enter the name and address of the corporation named therein, in the Corporation Register; and

(b) issue a licence to such corporation for such period, and upon such conditions as Council may direct.

31(6) A licence issued under subsection (5) expires on December 31 of the year for which it was issued.

31(7) Where any of the conditions specified in subsection (3) no longer exist, the Registrar may revoke a licence issued under subsection (5) or withhold its renewal.

31(8) Where a professional corporation no longer qualifies under subsection (3), the Registrar may revoke the licence of the professional corporation.

31(9) A corporation to which a licence is granted under this section may practise medicine its own name, subject to any conditions or limitations contained in such licence.

31(10) Where the licence of a corporation is revoked, or its renewal withheld pursuant to this section, the Registrar shall endorse the Corporations Register accordingly and send notice of same by ordinary mail to the last known address of the corporation, and to the Minister of Health, and for all purposed the corporation shall be deemed to be no longer licensed as of the fourteenth day after the mailing of notice.

32(1) The Council shall keep a register called the Medical Education Register in which shall be entered the name, address and qualifications of all persons who are entitled under this Act to be registered therein.

32(2) The Council may make regulations

(a) prescribing the qualifications required for registration in the Medical Education Register,

(b) providing for the suspension or revocation of any registration in the Medical Education Register, and

(c) prescribing the extent to which persons registered in the Medical Education Register may engage in the practice of medicine.

32(3) The Council may direct the Registrar to enter in the Medical Education Register the name, address and qualifications of any person who

(a) is a student of a medical school approved by Council and is engaged in a program of pre-registration physician training acceptable to Council, or

(b) holds a medical degree from a medical school approved by Council and is engaged in a program of pre-registration physician training acceptable to Council, or

(c) holds a medical degree from a medical school approved by Council and is engaged in a program of post-graduate training acceptable to Council, and

(d) satisfies Council that he possesses the qualifications required for registration in the Medical Education Register, and

(e) complies with the requirements of section 34.

32(4) Upon receiving a direction from Council mentioned in subsection (3), the Registrar shall enter the name, address and qualifications of the person named therein in the Medical Education Register.

32(4.1) The Registrar shall enter in the Medical Education Register the name, address and qualifications of every person who, at the coming into force of this Act, is registered in the Student Register or the Educational Register

32(5) The Registrar may strike the name of any person from the Medical Education Register who

(a) ceases to be engaged in a program of pre-registration physician training or post-graduate training, or

(b) has been registered in the Medical Register.

32.1(1) The Council shall keep a register called the Physician Assistants Register in which shall be entered the name, address, and qualifications of all persons who are entitled under this Act to be registered therein.

32.1(2) The Council may make regulations 

(a) governing the persons or classes of persons who may be registered in the Physician Assistants Register; 

(b) dividing the Physician Assistants Register into parts representing the classes of persons who may be registered therein;

(c) prescribing the qualifications required for registration in the Physician Assistants Register;

(d) providing for the suspension or revocation of any registration in the Physician Assistants Register;

(e) prescribing the duration of licences issued under this section and registrations in the Physician Assistants Register;

(f) prescribing the extent to which and terms and conditions under which persons registered in the Physician Assistants Register may practice;

(g) prescribing by whom applications may be made under this section, and the procedure on such applications; and

(h) respecting the prescribing authority of Physician Assistants.

32.1(3) The Council may direct the Registrar to enter in the Physician Assistants Register the name, address and qualifications of any person who is entitled to be so registered under the regulations.

(a) where such person applies for registration, the Registrar and Council may refuse to register such person, or

(b) where such person is a member or associate member, the Council may direct the Registrar to strike off the Register the name of such person,

but the Council may at any time permit such person to be registered or to remain registered upon such terms and conditions as it may direct.

(a) apply therefor in the prescribed manner,

(b) satisfy Council that he is the person named in any diploma or documentation submitted in support of such application.

(c) satisfy Council that he is of good character,

(d) provide such information as Council may require, and

(e) pay the prescribed fee.

(a) meets, in a manner that would be satisfactory to Council,

(i) the requirements for registration in the relevant register, and 

(ii) the requirements of section 34; and

(b) has paid the prescribed fee,

the Registrar may, before the matter is brought to Council for its direction, enter the name, address and qualifications of the person in the relevant register and issue a licence to such person.

34.1(2) Every registration made and every licence issued pursuant to this section shall be valid and remain in full force and effect until ratified, varied or cancelled at the next following meeting of Council.

34.1(3) Where the registration or licence of a person is varied or cancelled pursuant to subsection (2), the Registrar shall give notice to such person forthwith in accordance with section 72, and the registration or licence of that person shall be deemed to be varied or cancelled as of the date of the decision of Council.

34.1(4) A person whose registration or licence has been varied or cancelled pursuant to subsection (2) may request a hearing before Council.

34.2(2) Upon a referral pursuant to subsection (1), the Complaints and Registrations Committee, in consultation with the Registrar, shall consider the eligibility of the application and may make such inquiries or demand such further information as the Committee sees fit, and the Committee shall report its findings and recommendations to Council.

34.2(3) Upon the Committee reporting to Council under subsection (2), Council shall consider the application.

(a) at the time that he is registered and

(b) on or before the first day of January in each year thereafter,

the prescribed annual licence fee.

35(2) Every member who is registered in the Medical Register or Regulated Licences Register shall pay to the New Brunswick Medical Society, or such person as it may nominate,

(a) within one month of the time that he is registered and

(b) on or before the first day of January in each year thereafter,

the prescribed annual membership fee of the New Brunswick Medical Society unless the Society has waived the member's obligation to pay the fee.

35(3) The licence and specialist's licence of any member or associate member who fails to pay prescribed annual fees as required by subsection (1) or (2), shall be suspended in accordance with the procedure prescribed by the regulations.

35(4) The Registrar shall forthwith notify in writing any person whose licence has been suspended under this section.

36(1) Where the licence or specialist's licence of a member or associate member has been suspended under subsection 35(3), or in any other case where the licence or specialist's licence has expired or lapsed under this Act or the previous Act, such person may apply to the Registrar for relicensing.

36(2) Where a person referred to in subsection (1) satisfies the Registrar

(a) of his intention to practise medicine in the Province,

(b) as to his activities since the date of the suspension or expiry or lapsing of his licence,

(c) that he has maintained and possesses an appropriate level of medical skill and knowledge,

(d)  as to his good standing in all jurisdictions in which he has practised medicine or osteopathy since the date of the suspension or expiry or lapsing of his licence, and

(e)  that he has paid all fees or any other amounts owing to the College and such penalty as may be prescribed,

the Registrar may issue a licence to such person, and issue a specialist's licence to such person in the specialties in which he formerly held a specialist's licence.

36(3) Where the Registrar is not satisfied with the evidence presented pursuant to subsection (2), he may refer the matter to the Complaints and Registrations Committee, and shall refer it if the applicant requests in writing.

36(4) Upon a referral pursuant to subsection (3), the Complaints and Registrations Committee, in consultation with the Registrar, shall consider the eligibility of the application, and may make such inquiries or demand such further information as the Committee sees fit, and the Committee shall report its findings and recommendations to Council.

36(5) Upon the Committee reporting to Council pursuant to subsection (4), the Council may

(a) direct the Registrar to issue to the applicant a licence or specialist's licence,

(b) direct the Registrar to issue to the applicant a licence or specialist's licence subject to such conditions, limitations or restrictions as Council considers appropriate,

(c) adjourn further consideration of the application, pending completion of the applicant of such training, upgrading, clinical examinations or other examinations as the Council may designate, or

(d) direct the Registrar to refuse the application, where Council is not satisfied that the applicant meets the criteria set out in subsection (2).

37(2) the Council may refuse to direct that a licence or specialist's licence be issued to any person under section 36 where it is established to the satisfaction of Council that such person has been guilty of conduct for which a licence could be revoked or suspended.

38.1(1) Where a person has obtained a licence under this Act by oral or written misrepresentation, the Registrar, upon receipt of evidence of the misrepresentation, shall refer the matter to the Council and, if so directed by the Council, shall cancel the licence and notify the person in writing of the cancellation.

38.1(2) A person whose licence has been cancelled pursuant to subsection (1) may request a hearing before Council.

39  The Registrar shall cause to be published, in a manner and at times directed by Council, a directory which shall include

(a) the names of members who hold a licence; and

(b) the names and specialties of members who hold a specialist's licence.

40(1) A medical practitioner who holds a licence is, subject to any condition or limitation contained in his licence, and subject to subsection 26(5), entitled to practise medicine in the Province and to demand and recover in any court of law with full costs of suit, reasonable charges for professional services rendered, and the costs of any medicine or medical appliances rendered or supplied to any person.

40(2) A professional corporation which holds a licence is, subject to any condition or limitation contained in its licence, entitled to demand and recover in any court of law with full costs of suit, reasonable charges for services performed on its behalf and in its name by a medical practitioner who holds a licence, and the costs of any medicine or medical appliances rendered or supplied to any person.

40(3) Repealed

40(4) The licence or specialist's licence of a member or associate member may only be surrendered by the member or associate member after notice in writing to the Council, and with the consent of Council.

40(5) A person may be struck from a register, on his initiative, only after notice in writing to the Council, and with the consent of the Council.

40(6) Where a member or associate member ceases to be a member or associate member for any reason, or where a person ceases to be registered or licensed for any reason, such person remains subject to the jurisdiction of the College in respect of any disciplinary matter arising out of his conduct while a member or associate member, or while registered.

43(2) A person who practises medicine

(a) while his licence is suspended or revoked, or

(b)  without a licence,

commits an offence.

44(2) Council may waive the requirements of subsection (1).

45(1) Except as provided in this Act, the regulations, no person, other than a medical practitioner who holds a licence or a professional corporation which holds a licence shall

(a) publicly or privately, for hire, gain or hope of reward, practise or offer to practise medicine;

(b) hold himself out in any way to be entitled to practise medicine; or

(c) use any title or description implying or designed to lead the public to believe that he is entitled to practise medicine

45(2) Except as provided in this Act and the regulations, no person, other than a Physician Assistant who holds a licence shall

(a) publicly or privately, for hire, gain, or hope of reward, practise or offer to practise as a Physician Assistant; 

(b) hold himself out in any way to be entitled to practise as a Physician Assistant; or

(c) use any title or description implying or designed to lead the public to believe that he is entitled to practise as a Physician Assistant.

45(3) No person is entitled to receive a fee, reward or remuneration for

(a) professional services rendered to any person in the practise of medicine or  

(b) any medicine or medical appliances supplied to any person in the practise of medicine,

unless licensed under this Act at the time the services were provided, or medicine or appliances were rendered.

46   A person who knowingly furnishes false information in any application under this Act, or in any statement or return required to be furnished under this Act or the regulations, commits and offence.

47   No person or persons shall trade or carry on business within New Brunswick under any name or title containing the words "Professional Corporation" or "Corporation Professionnelle" or the abbreviations "P.C.", or "C.P." unless that person or those persons are duly incorporated as a corporation and the corporation holds a licence, or unless otherwise expressly authorized by statute, and every person so trading or carrying on business commits an offence.

48   No 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 his shares, and every shareholder who does so commits an offence.

48.1   A person who is engaged in a program of pre-registration physician training or a post-graduate physician training in the Province and who is not registered in the Medical Education Register, commits an offence.

49(1) No prosecution for an offence under this Act or the regulations shall be commenced after two years from the date when the offence is alleged to have been committed.

49(1.1) Subsection (1) hereof does not apply to any disciplinary proceeding pursuant to this Act.

49(2) In any prosecution for an offence under this Act or the regulations, the onus of proof that a person accused of an offence has the right to practise medicine, or the he comes within any of the exemptions provided by this Act, is on the person accused.

49(3) Where a violation of any provision of this Act or the regulations continues for more than one day, the offender is guilty of a separate offence for each day that the violation continues.

49(4) For the purposes of this Act, proof of the performance of one act in the practice of medicine on one occasion is sufficient to establish that a person has engaged in the practice of medicine.

50(1) A person who violates

(a) any provision of this Act,

(b) any provision of a regulation enacted under paragraphs 7(2) (q), (r), (s), or

(c) any provision of a regulation enacted under paragraphs 30(2) (e), 31(2) (a), or 31(2) (c)

commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars, or to imprisonment for a term not exceeding six months, or to both.

50(2) Any professional corporation, or any member, associate member who violates any provision of this Act or the regulation under this Act commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars, or to imprisonment for a term not exceeding six months, or to both.

50(3) All fees, fines and penalties payable under this Act belong to the College.

50(4) Any information to be laid pursuant to this Act may be laid by the Registrar of the College or any member of the College authorized by Council.

51  Nothing in this Act applies to or prevents

(a) a physician or surgeon entitled to practise medicine in any other province or country, from consulting in New Brunswick with a medical practitioner who holds a licence;

(b) the practise of a physician, surgeon or Physician Assistant employed by the Government of Canada in course of his employment by that Government;

(c) the domestic administration of family remedies;

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

(e) the manufacture, fitting or selling of artificial limbs, or similar appliances;

(f) a person from carrying on any occupation, calling, or profession authorized by an Act of the Province.

52(1) Council may permit a member of a visiting force as defined in the Visiting Forces Act, R,S.C. 1985, chapter V-2, who is authorized to practise medicine with such force, to practise medicine in the course of his employment with that force.

52(2) A person who receives permission to practise medicine under subsection (1) is authorized to practise medicine among members of the force of which he is a member for such period as may be designated by Council.

52(3) No fee shall be charged by the Council for the granting of permission under subsection (1).

52(4) Every person who has received permission to practise medicine under section 28 of the previous Act is entitled to practice medicine under subsection (1).

52.1(1) In this section,

52.1(2) Where

(a) a member or associate member

(i) dies, disappears, is incarcerated, leaves the Province, or surrenders his licence or specialist's licence,

(ii) is struck off a register or is the subject of suspension of licence or specialist's licence,

(iii) has been found to be an incapacitated or unfit member, or

(iv) neglects the practice of medicine, and

(b) adequate provision has not been made for the protection for his patients' interests,

the College may, on the Preliminary Motion, with or without notice as the Court directs, request the Court to appoint a Custodian to take possession of the patient records for the member or associate member.

52.1(3) A Custodian appointed under subsection (2) shall:

(a) hold, protect and properly dispose of all patient records taken into custody; and

(b) distribute the patient records, as may be appropriate, to the physicians of the patients concerned, the duly appointed representatives of the patients, or the patients themselves.

52.1(4) In an Order made under subsection (2), or in a subsequent Order made on the application of the College or the Custodian, with or without notice as the Court directs, the Court may:

(a) authorize the Custodian to employ professional assistance to carry out his duties;

(b) direct any Sheriff to seize, remove and place in the possession of the Custodian patient records;

(c) where there are reasonable grounds to believe that any patient records may be found in any premises, safety deposit box, or other receptacle, direct the Sheriff to enter the premises or open the safety deposit box or other receptacle;

(d) direct the owner of any premises, or person in possession of any premises, or any bank or other depository of patient records to deal with, hold, deliver, or dispose of such patient records as the Court directs;

(e) give directions to the Custodian as to the disposition of patient records;

(f) make provision for the remuneration, disbursements and indemnification of the Custodian in the course of his duties;

(g) make provision for the discharge of a Custodian either before or after completion of the responsibilities imposed upon him by any Order made under this section; and

(h) give such further directions as the Court considers are required in the circumstances.

52.1(5) The Custodian may give such notice in writing to patients, physicians, or the general public, as may be appropriate, that the Custodian has possession of the patient records of a member or associate member.

52.1(6) The Custodian shall be under no obligation to maintain copies of any patient records distributed in accordance with paragraph (3)(b), and the written acknowledgement of receipt of records by the physician of the patient concerned, the duly appointed representative of the patient concerned, or the patient himself, shall discharge the Custodian of his responsibilities in respect of those records.

52.1(7) Subject to any Order of the Court, when the Custodian has distributed all patient records, or where one year has passed from the date of the Court Order appointing the Custodian, whichever is the earlier date, the Custodian shall report to the Council of the College, which may discharge the Custodian, or make any Order it deems appropriate regarding any patient records remaining in the hands of the Custodian , in the respect of those patient records affected.

52.1(8) The Court, upon the application of the College made either ex parte or on such notice as the Court directs, may remove a Custodian from office, and, if deemed expedient, appoint another Custodian in his place, and may include in such Order such further directions as are required in the circumstances.

52.1(9) A member or associate member in respect of whom an Order has been made under this section may, after giving notice to the College and to the Custodian, apply to the court to vary or set aside an Order made under this section and to direct the Custodian to place all or part of the patient records back into the possession of the member or associate member upon such terms as may be just.

52.1(10) The court may give directions as to service of any notice required or Order made under this section.

52.1(11) No action for damages lies against the College, the Council, or any committee, member, officer or employee of the College for anything done or omitted to be done in good faith under this section, or against a Custodian or any other person action in good faith pursuant to this section or any Order issued under this section.

52.1(12) This section applies with all necessary modifications to former members and former associate members of the College.

52.2(1)If a member or associate member, in the course of the practice of medicine, has reasonable grounds to believe that another health professional has sexually abused a patient or client of the health professional, the member or the associate member, the member or associate member shall file a report in writing with the governing body of the health professional within 21 days after the circumstances that gave rise to the reasonable grounds for the belief.

52.2(2) A member or associate 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.

52.2(3) A report filed pursuant to subsection (1) shall contain the following information:

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

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

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

(d) subject to subsection (4), if the grounds for the member or associate member filing the report are with respect to a patient or client of the health professional who is the subject of the report, the name of the patient or client.

52.2(4) The name of a client or patient of a health professional who may have been sexually abused by the health professional shall not be included in a report filed pursuant to subsection (1) unless the client or the patient or, if the client or the patient is incapable, the client's or the patient's representative, consents in writing to the inclusion of the client's or patient's name in the report.

52.2(5) If a member or associate member is required to file a report under subsection (1) because of information obtained from the member's or associate member's patient, the member or associate member shall use their best efforts to advise the patient of their obligation prior to filing the report.

52.2(6) In this section, the definition of "sexual abuse", with the necessary modifications, applies in determining whether another health professional may have sexually abused a patient or client.

52.3(1) If a member or associate member has information concerning another member, associate member, or former member, from whatever source which suggests, if the information is true, that the other member, associate member, or former member, may be guilty of professional misconduct under this Act or the regulations, or may be incapacitated or unfit to practise under this Act or the regulations, the member or associate member shall report such information to the Registrar without delay.

52.3(2) This section does not apply to information received through an assessment conducted pursuant to section 62.1.

52.4(1) Following any action taken against a member or an associate member by any other licensing authority, by any healthcare institution, by any professional association, by any governmental agency, by any law enforcement agency, or by any court, for any act or conduct which could constitute professional misconduct under this Act or the regulations, or for any act or conduct which could lead to a finding under this Act or the regulations that the member or associate member is incapacitated or unfit to practise, the member or associate member shall report information regarding such action to the Registrar without delay.

52.4(2) Following the commencement of any proceedings concerning or related to a member’s or associate member’s provision of medical services, the member or associate member shall report information regarding such action to the Registrar without delay.

53(1) Where a member or associate member does or attempts to do anything contrary to the provisions of this Act or any regulation passed under the authority 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.

53(2) Where a person other than a member or associate member 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.

54(1) The College and the member or associate member whose conduct or fitness to practise is being investigated have the right to be represented by counsel on an inquiry by a Board of Inquiry, and on the hearing of any appeal.

54(2) For the purposes of this section, "Counsel" means a member in good standing of the Law Society of New Brunswick.

55(1) The College, Council, Complaints and Registration Committee, Review Committee or Board of Inquiry may employ, at the expense of the College, such legal or other assistance as they consider necessary for the purposes of carrying out any inquiry by the Complaints and Registration Committee, Review Committee or a Board of Inquiry.

55(2) A judge of The Court of Queen’s Bench of New Brunswick may, on the application of the College, the Council, the Registrar, the Complaints and Registration Committee, the Review Committee, a Board of Inquiry, a witness or any person having an interest in the proceedings other than a member or associate member under investigation, make an order directing that the identity of any person or witness, and any evidence that could disclose the identity of a person or witness, not to be published in any document or be broadcast in any manner.

55.1 Every person involved in the administration of this Part, and any member of the Council, a Board of Inquiry, or a committee of Council or the College, shall maintain confidentiality with respect to all information that comes to their knowledge regarding patients, and with respect to all matters that come to their knowledge relating to a peer assessment pursuant to section 62.1 except,

(a) in connection with the administration of this Part, and the regulations or proceedings thereunder;

(b) to one’s own legal counsel;

(c) as otherwise required by law;

(d) with the consent of the person to whom the information relates;

(e) as may be authorized by the Council or the Registrar if disclosure is considered to be in the public interest; or

(f) to the Minister of Health where it appears to the Council or the Registrar that the information should be disclosed.

55.2(1) The Registrar, with the approval of the President of the College, the Executive Committee, or the Complaints and Registration Committee, may appoint one or more investigators to assist them in their investigation to determine if a member or associate member has committed an act of professional misconduct or the member or associate member is unfit to practise.

55.2(2) An investigator appointed under subsection (1) may at any reasonable time, and upon producing proof of his or her appointment, enter and inspect the business premises of a member and examine anything found there that the investigator has reason to believe will provide evidence in respect of the matter being investigated.

55.2(3) Subsection (2) applies notwithstanding any provision in any Act relating to the confidentiality of health records.

55.2(4) No person shall obstruct, or cause to be obstructed, an investigator while the investigator is performing his or her duties under this Part.

55.2(5) No person shall withhold, conceal or destroy, or cause to be withheld, concealed or destroyed, anything that is relevant to an investigation under this Part.

55.3(1) A judge of The Court of Queen’s Bench of New Brunswick may, upon the ex parte application of the College, issue a warrant authorizing an investigator to enter and search a place, examine and seize and remove anything that is relevant to the investigation, if the judge is satisfied that the investigator has been properly appointed and there are reasonable grounds for believing that

(a) the member or associate member being investigated has committed an act of professional misconduct, is incompetent or incapacitated, and

(b) there is something relevant to the investigation at that place.

55.3(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 the place by force.

55.3(3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1), shall produce his or her identification and a copy of the warrant, upon request, to any person at that place.

55.3(4) A person conducting an entry or search under this Part who finds anything not described in the warrant that the person believes on reasonable grounds will provide evidence in respect of the matter being investigated, may seize and remove that thing.

55.4(1) An investigator may copy, at the expense of the College, a document that the investigator may examine under subsection 55.2(2) or under the authority of a warrant under subsection 55.3(1).

55.4(2) An investigator may remove a document referred to in subsection (1) if it is not practicable to copy it in the place where it is examined or a copy is not sufficient for the purposes of the investigation, and may remove any object relevant to the investigation and shall provide the person in whose possession it was with a receipt for the document or object.

55.4(3) An investigator, where a copy can be made, shall return a document removed under subsection (2) within a reasonable time.

55.4(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.

55.4(5) In this section, "document" means a record of information in any form and includes any part of it.

55.5   An investigator shall report the results of the investigation in writing to the Registrar and the Registrar shall report the results to the Complaints and Registration Committee.

55.6(1) The Registrar, or his delegate, after giving written notice to the administration of the Regional Health Authority or to the Minister of Health, may, for purposes of investigating the medical care provided to a patient by a physician,

(a) inspect and receive information from the medical records, or from notes, charts, and other material relating to patient care, reproduce and retain copies thereof;

(b) interview hospital staff and medical staff with respect to the admission, treatment, care, conduct and control and discharge of patients, or any class of patients and the general management of the hospital insofar as it relates to the hospitalization of the patient or patients whose care and treatment are being investigated by the College; and

(c) obtain information collected by the Minister of Health pursuant to the provisions of the Medical Services Payment Act pertaining to the practice of the member or associate member and with respect to any patient of the member or associate member.

55.7(1) If the Registrar, or his delegate, wishes to interview a member of the hospital staff or medical staff, the Registrar, or his delegate, as the case requires, shall give written notice to the administration of the Regional Health Authority of the subject matter of the interview and the identity, if known, of the person to be interviewed.

55.7(2) The administration of the Regional Health Authority who receives written notice under subsection (1) shall forthwith give written notice to each person who may be interviewed of the subject matter of the interview.

56 A member or associate member may be found to be guilty of professional misconduct if

(a) he has pleaded guilty to an offence, or has been found guilty by a court of competent jurisdiction of an offence which, in the opinion of the Complaints and Registration Committee, the Review Committee, a Board of Inquiry or Council, relates to his suitability to practise medicine, notwithstanding that the member or associate member has been granted an absolute discharge or conditional discharge under the Criminal Code, R.S.C. 1985, chapter C-46, the Food and Drugs Act, R.S.C. 1985, chapter F-27, or the Controlled Drugs and Substances Act, S.C. 1996, chapter 19;

(b) his rights or privileges under the Food and Drugs Act, R.S.C. 1985, chapter F-27, the Controlled Drugs and Substances Act S.C. 1996, chapter 19, or the regulations under such Act, have been restricted or withdrawn; or

(c) he has committed a breach of any provision of this Act or the regulations

56.1(1) Council or the Executive Committee may, without notice, direct the Registrar to suspend or impose conditions or restrictions on a member’s or associate member’s licence if it is of the opinion that such action is necessary in the public interest.

56.1(2) If a direction has been given under subsection (1), Council or the Executive Committee shall

(a) refer the matter immediately to the Complaints and Registration Committee, the Review Committee, or  a Board of Inquiry;

(b) direct the Registrar to immediately advise the member or associate member of such action;

(c) direct the Registrar to immediately advise the Regional Health Authorities, the Minister of Health, as well as such other officials, agencies, and persons as the Council or Executive Committee feels it necessary to inform;

(d) where it considers it in the public interest to do so, may direct the Registrar to notify the public generally in regard to the matter.

56.1(3) Where direction is given under subsection (1), the member or associate member may, at any time, through written submission, request that the Council or Executive Committee reconsider or vary its order.

56.1(4) The conditions or restrictions on a member’s or associate member’s licence shall not be stayed by a court of competent jurisdiction unless the member or associate member establishes to the court a prima facie case that public interest favours the granting, varying or staying the direction taken under subsection (1).

56.1(5) The direction under subsection (1) takes effect immediately and cannot be stayed by any court of competent jurisdiction notwithstanding any appeal or application for judicial review of the direction.

57(1) The Council shall maintain a standing committee which shall be known as the Complaints and Registration Committee.

57(2) The Committee shall be composed of

(a) one member of Council who shall be chairman of the Committee;

(b) not less than two other members of the College; and

(c) not less than two other persons who have never been members of the College but may be members of Council.

57(3) The President may appoint a person to replace a member of the Committee who is unable or unwilling to act with respect to any matter referred to the Committee and this person shall replace the member during all proceedings relating to the matter.

57(4) Three members of the Committee constitute a quorum for the transaction of the business of the Committee.

57(5) The Committee shall:

(a) within one hundred and twenty days of the College receiving notice of such, consider and investigate any matter, whether or not a written complaint has been received, regarding the actions or conduct of any member or associate member of the College; and

(b) perform such other duties as may be assigned to it by Council.

57(6) No action may be taken by the Committee under subsection (8) unless

(a) the member or associate member has been notified of the complaint and given at least two weeks to submit in writing to the Committee any explanations or representations he may wish to make concerning the matter; and

(b) the Committee has examined, or has made a reasonable effort to examine, all records and other documents relating to the complaint.

57(7) The Committee may require the member or associate member to

(a) submit to physical or mental examinations by such qualified persons as the Committee designates;

(b) submit to an inspection or audit of the practice of the member or associate member by such qualified persons as the Committee designates;

(c) submit to such examinations as the Committee directs to determine whether the member or associate member is competent to practise medicine;

(d) produce records and accounts kept with respect to the member’s or associate member’s practice including records, accounts and information submitted by the member or associate member to the Minister of Health under the Medical Services Payment Act;

57(7.1) Where the member or associate member fails to comply with any order under subsection (7), the Committee may suspend or restrict the licence of the member or associate member until the member or associate member complies.

57(7.2) No member, associate member or person shall conceal or withhold from the Committee or destroy anything that may be relevant to its investigation.

57(7.3) The provisions of this section require a member, associate member or person to produce documents or things notwithstanding any provision in any other Act or law relating to the confidentiality of medical, hospital or health records.

57(7.4) The Committee may require any other member or associate member to produce any records, documents and things in his or her possession or under his or her control that may be relevant to an investigation regarding the actions or conduct of a member or associate member of the College.

57(7.5) Where a member or associate member fails to comply with subsection (7.4), the Committee may suspend or restrict the licence of that member or associate member until the member or associate member complies

57(8) The Committee

(a) may recommend that no further action be taken;

(b) may at any time refer a complaint or complaints, in whole or in part, or any other allegations, issues or information that arose during the course of their investigation, to the Review Committee for the purposes of section 58, and the reference is deemed to be a complaint for all purposes of this Act;

(c) may recommend that the matter be referred, in whole or in part, to a Board of Inquiry for the purposes of section 59;

(c.1) may recommend that the member or associate member be counselled, cautioned or censured; or

(d) may make any other recommendations it considers appropriate.

57(8.1) Where a matter is referred, in whole or in part, to the Review Committee pursuant to paragraph (8)(b), subsections (9), (10) and (11) do not apply to any such matter, or part of a matter which has been referred, but the Complaints and Registrations committee shall advise Council of the referral.

57(9) The Committee shall report its findings and recommendations in writing to Council.

57(10) Upon the Committee reporting to Council,

(a) Council may adopt the recommendations of the Committee, or may take such other action as Council considers appropriate; and

(b) the Registrar shall cause to be served upon the member, associate member and the complainant, a copy of the findings and recommendations of the Committee and the order of the Council.

57(11) Where the member, associate member or complainant is not satisfied with the order of the Council, other than an order that the matter be referred to the Review Committee or a Board of Inquiry, the matter shall be referred to the Review Committee if the member, associate member or complainant files a written statement with the Registrar within thirty days after service of the order of the Council.

57(12) Nothing precludes the Committee from reconsidering any findings or recommendation made by it, and the Committee may, on its own motion or on a request by the member, associate member or Council or any other person having an interest in the findings or recommendation, reconsider any findings or recommendation made by it and vary or revoke any findings or recommendation made by it.

58(1) Council shall maintain a standing committee which shall be known as the Review Committee.

58(2) The Committee shall be composed of

(a) one member of Council who shall be Chairman of the Committee;

(b) not less than two other members of the College; and

(c) not less than one other person who has never been a member or the College but may be a member of Council.

58(3) The President may appoint a person to replace a member of the Committee who is unable or unwilling to act with respect to any matter referred to the Committee and this person shall replace the member during all proceedings relating to the matter.

58(4) Three members of the Committee constitute a quorum for the transaction of the business of the Committee.

58(5) The Committee shall:

(a) consider and investigate any matter, whether or not a written complaint has been received, referred from the Complaints and Registration Committee, Council, or from the Registrar regarding the actions or conduct of any member or associate member of the College; and

(b) perform such other duties as may be assigned to it by Council. 

58(6) The Committee

(a) may make rules under which its investigation is to be held, and may do all things necessary to provide a full and proper investigation;

(b) shall consider the allegations, hear the evidence and ascertain the facts of each case in such manner as it deems fit; and

(c) may order the member or associate member to

(i) submit to physical or mental examinations by such qualified persons as the Committee designates;

(ii) submit to an inspection or audit of the practice of the member or associate member by such qualified persons as the Committee designates;

(iii) submit to such examinations as the Committee directs to determine whether the member or associate member is competent to practise medicine;

(iv) produce records and accounts kept with respect to the member’s or associate member‘s practice including records, accounts and information submitted by the member or associate member to the Minister of Health under the Medical Services Payment Act.

58(7) Where the member or associate member fails to comply with any order under paragraph (6)(c), the Committee may suspend or restrict the licence of the member or associate member until the member or associate member complies.

58(8) No member, associate member or any other person shall conceal or withhold from the Committee or destroy anything that may be relevant to its investigation.

58(9) The provisions in this section require a member, associate member or any other person to produce documents or things notwithstanding any provision in any other Act or law relating to the confidentiality of medical, hospital or health records.

58(10) The Committee may require any other member or associate member to produce any records, documents and things in his or her possession or under his or her control that may be relevant to an investigation regarding the actions or conduct of a member or associate member of the College.

58(11) Where a member or associate member fails to comply with subsection (10) the Committee may suspend or restrict the licence of that member or associate member until the member or associate member complies.

58(12) The Committee

(a) may recommend to Council that no further action be taken;

(a.1) may recommend that the member or associate member be counselled, cautioned or censured;

(b) may recommend to Council that a Board of Inquiry be appointed to consider the complaint or complaints, in whole or in part, or any other allegations, issues or information that arose during the course of their investigation, and the recommendation is deemed to be a complaint for all purposes of this Act; or

(c) subject to the member or associate member’s agreement that the Committee has jurisdiction to do so, may find that the member or associate member is guilty of professional misconduct or is an incapacitated or unfit member or associate member and may make such recommendations to Council in regard to such as it considers appropriate, in accordance with the objects of this Act.

58(13) Upon the Committee reporting to Council, the Registrar shall cause to be served upon the member or associate member and the complainant, a copy of the findings and recommendations of the Committee.

58(14) Where the Committee has found a member or associate member to be guilty of professional misconduct or has found that a member or associate member is an incapacitated or unfit member, Council may, upon the expiry of thirty days after service of the findings and recommendations of the Committee, adopt the recommendations of the Committee, or may make such other order as Council considers just.

58(15) The Registrar shall cause to be served on the member or associated member, a copy of the order of Council.

58(16) The order of Council has effect immediately on the service thereof on the member or associate member, or from such time as the order may direct, but The Court of Appeal of New Brunswick or judge thereof may stay the order upon good cause being shown pending an appeal of the order, or such further hearing as may be ordered by The Court of Appeal of New Brunswick.

58(17) Nothing precludes the Committee from reconsidering any findings or recommendation made by it, and the Committee may, on its own motion or on a request by the member, associate member or Council or any other person having an interest in the findings or recommendation, reconsider any findings or recommendations made by it and vary or revoke any findings or recommendation made by it.

59(1) Council may appoint a Board of Inquiry for the purposes of determining any allegations of professional misconduct by a member or an associate member, or any allegation that a member or associate member is an incapacitated or unfit member

(a) on its own motion; or

(b) when the Review Committee or Complaints and Registration Committee recommends that a matter be referred in whole or in part, to a Board of Inquiry.

59(2) A Board of Inquiry shall be composed of at least three persons

(a) at least two of whom are members or former members of the College or the profession, and

(b) at least one of whom has never been a member of the College or the profession.

59(3) The Council shall appoint one of the members of the Board of Inquiry to be Chairman.

59(4) A majority of the members of a Board of Inquiry constitute a quorum, one of whom shall be a person who has never been a member of the College or the profession.

59(4.1) Only members of a Board of Inquiry who were present throughout the hearing shall participate in the Board's decision.

59(5) A Board of Inquiry may make rules under which the inquiry is to be held, and may do all things necessary to provide a full and proper inquiry.

59(6) No member of a Board of Inquiry shall communicate outside the hearing, in relation to the subject matter of the hearing, with a party or the party's counsel or representative, a complainant or a witness unless the other party has been given notice of the subject matter or the communication and an opportunity to be present during the communication.

59(7) The testimony of witnesses shall be taken under oath or solemn affirmation which the Chairman of the Board of Inquiry is authorized to administer, and there shall be a full right to examine, cross-examine and re-examine witnesses.

59(8) Upon the application of

(a) any party to the inquiry,

(b) the Chairman of the Board of Inquiry, or

(c) counsel for the College, the Council or the Board of Inquiry,

and on payment of the fees prescribed by the Rules of Court, the Registrar of the College shall sign and issue a Summons to Witness for the purpose of procuring the attendance and evidence of witnesses before the Board of Inquiry.

59(9) The rules of evidence in an inquiry, and the proceeding and penalties in the case of a failure to appear to any Summons to Witness issued under this section shall be pursuant to the Rules of Court governing civil trials in The Court of Queen's Bench of New Brunswick.

59(10) Unless waived by the parties, the Board of Inquiry

(a) shall have the proceedings and the evidence taken, transcribed and certified by an official court reporter or other stenographer duly sworn for that purpose; or

(b) shall have the proceedings and the evidence recorded by a sound recording machine, and transcribed and certified by an official court reporter or a stenographer appointed by the Minister of Justice under subsection 4(1) of the Recording of Evidence by Sound Recording Machine Act.

59(10.1) For the purposes of subsection (10)

"official court reporter" means a court reporter appointed under the Court Reporters Act or a stenographer appointed under the Recording of Evidence by Sound Recording Machine Act;

"sound recording machine" means any device, machine or system approved by the Minister of Justice under the Recording of Evidence by Sound Recording Machine Act for the purpose of making a record of voice or other sound.

59(11) It is the duty of the member or associate member whose conduct or fitness to practise is being inquired into to appear at the inquiry, but in the event of non-attendance by such member or associate member, the Board of Inquiry upon proof by affidavit or statutory declaration of the service of the notice required by subsection (12), may proceed with the inquiry, and without further notice to such member or associate member, make a report of its findings and take such other action as it is authorized to take under this Act.

59(12) A notice of inquiry shall be served at least thirty days before the holding of the inquiry upon the member or associate member whose conduct or fitness to practise is being inquired into.

59(13) A notice of an inquiry shall state the subject matter of the inquiry and the time and place of the holding of the inquiry, and shall be signed by the Registrar, or the Chairman of the Board of Inquiry.

59(13.1) During the course of a hearing the Board of Inquiry may amend any minor defect or error in the notice of inquiry or complaint before the Board if the amendment is necessary to determine the merits of the allegations in the notice of inquiry or complaint.

59(14) A Board of Inquiry

(a) shall consider the allegations, hear the evidence and ascertain the facts of each case in such manner as it deems fit;

(b) may, at any time, make an order under subsection 59(14.6) or (14.8);

(c) shall determine whether, on the balance of probabilities, the member or associate member is guilty of professional misconduct, or is an incapacitated or unfit member;

(d) where it finds that the member or associate member is guilty of professional misconduct, may recommend to Council that

(i) the licence or specialist's licence, or both, of the member or associate member be revoked, and that his name be stricken from the registers in which it is entered;

(ii) the licence or specialist's licence, or both, of the member or associate member be suspended

(A) for a fixed period, or

(B) for an indefinite period until the occurrence of some specified future event;

(iii) conditions, limitations or restrictions be imposed on the licence or specialist's licence, or both, of the member or associate member;

(iv) the member or associate member be reprimanded;

(v) such fine as the Board of Inquiry considers appropriate to a maximum of ten thousand dollars be paid by the member or associate member to the College;

(vi) the imposition of a penalty be suspended for such period and upon such terms as the Board of Inquiry designates; or

(vii) the member or associate member pay the costs of the Council in accordance with paragraph (e.1) and section 60; or

(e) where it finds that the member or associate member is an incapacitated or unfit member, may recommend to Council that

(i) the licence or specialist's licence, or both, of the member or associate member be revoked and that his name be stricken from the registers in which it is entered;

(ii) the licence or specialist's licence, or both, of the member or associate member be suspended

(A) for a fixed period, or

(B) for an indefinite period until the occurrence of some specified future event;

(iii) conditions, limitations or restrictions be imposed on the licence or specialist's licence, or both, of the member or associate member;

(iii.1) the final order of Council be suspended or postponed for such period and upon such terms as the Board considers appropriate;

(iv) that the member or associate member undergo such treatment or re-education as the Board considers necessary; or

(v) the member or associate member pay the costs of the Council in accordance with paragraph (e.1) and section 60;

(e.1) where it considers a complaint or complaints arising out of more than one incident, and finds that all of the complaints or incidents have not been proven, may recommend to Council that the member or associate member pay a portion of the costs of the Council in accordance with section 60 that the Board considers appropriate in the circumstances; and

(f) shall report its findings and recommendations in writing to Council.

59(14.1) If during the course of a hearing, the evidence shows that the member or associate member whose conduct is the subject of the hearing may be guilty of professional misconduct, or may be incapacitated or unfit to practise, for reasons different from or in addition to the subject matter of the hearing, the Board of Inquiry shall notify the member or associate member that it intends to consider the evidence and conduct and adjourn the hearing for any length of time that the Board considers sufficient to give the member or associate member an opportunity to respond to the new facts or subject matter of the hearing.

59(14.2) Subject to subsection (14.1), the Board of Inquiry may, for any reasons that may be revealed by the evidence, substitute the reasons for, or amend or add to, the complaint that it was appointed to hear and find a member or associate member guilty of professional misconduct or unfit to practise.

59(14.3) Evidence against a member or associate member is not admissible at a hearing of a Board of Inquiry unless the member or associate member is given, at least ten days before the hearing,

(a) in the case of documentary evidence, an opportunity to examine the documents;

(b) in the case of evidence of an expert, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence of the expert; and

(c) in the case of evidence of a witness, the identity of the witness and a written summary of the evidence of the witness.

59(14.4) Evidence on behalf of a member or associate member is not admissible at a hearing of a Board of Inquiry unless the College or its counsel is given, at least ten days before the hearing,

(a) in the case of documentary evidence, an opportunity to examine the documents;

(b) in the case of evidence of an expert, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence of the expert; and

(c) in the case of evidence of a witness, the identity of the witness, and a written summary of the evidence of the witness. 59(14.5) A Board of Inquiry may, in its discretion, allow the introduction of evidence that is or may be inadmissible under subsections (14.3) or (14.4) and may make the directions it considers necessary to ensure that the member or the College is not prejudiced.

59(14.5) A Board of Inquiry may, in its discretion, allow the introduction of evidence that is or may be inadmissible under subsections (14.3) or (14.4) and may make the directions it considers necessary to ensure that the member or associate member or the College is not prejudiced.

59(14.6) The Board of Inquiry may require the member or associate member to

(a) submit to physical or mental examinations by such qualified persons as the Board of Inquiry designates;

(b) submit to an inspection or audit of the practice of the member or associate member by such qualified persons as the Board of Inquiry designates;

(c) submit to such examinations as the Board of Inquiry directs to determine whether the member or associate member is competent to practise medicine;

(d) produce records and accounts kept with respect to the member’s or associate member’s practice including records, accounts and information submitted by the member or associate member to the Minister of Health under the Medical Services Payment Act.

59(14.7) Where the member or associate member fails to comply with subsection (14.6), the Board of Inquiry may suspend or restrict the registration, licence, or specialist licence, or both, of the member or associate member until the member or associate member complies.

59(14.8) The Board of Inquiry may require any other member or associate member to produce any records, documents and things in his or her possession or under his or her control that may be relevant to an investigation regarding the actions or conduct of a member or associate member of the College.

59(14.9) Where a member or associate member fails to comply with subsection (14.8), the Board of Inquiry may suspend or restrict the licence of that member or associate member until the member or associate member complies.

59(14.10) No member, associate member or any other person shall conceal or withhold from the Board of Inquiry or destroy anything that may be relevant to this investigation.

59(14.11) The provisions of this section require the member, associate member or other person to produce documents notwithstanding any provision in any other Act or law relating to the confidentiality of medical, hospital, or health records.

59(15) When making recommendations to Council pursuant to paragraphs (14)(d) or (e), the Board may recommend a fine or other penalty in lieu thereof, or any combination of the penalties which are set out therein, or the Board may make such other recommendations as it considers appropriate, in accordance with the objects of this Act.

59(15.1) Notwithstanding the death of a member of a Board of Inquiry, or his disability or inability to act with respect to a hearing in progress, such hearing may continue with the remaining members whose findings and recommendations shall constitute and be for all purposes the report of the Board, or if the taking of evidence has not commenced at the time when such member of the Board dies or becomes disabled or unable to continue to act, the Council may in its discretion appoint another member to take the place of such member or reconstitute the Board of Inquiry.

59(16) Upon the Board of Inquiry reporting its findings and recommendations to Council,

(a) the Registrar shall cause to be served on the member or associate member and the person at whose request the Board was established, a copy of the report and recommendations of the Board; and

(b) Council may adopt the recommendations of the Board, or may make such other order as Council considers just.

59(17) The Registrar shall cause to be served on the member or associate member a copy of the order of the Council.

59(18) An order of the Council directing the Registrar to revoke, suspend or impose conditions or limitations on a member’s or associate member’s licence based on

(a) a decision of a Board of Inquiry finding the member or associate member guilty of professional misconduct or unfit to practise, or

(b) the member or associate member admitting that he is guilty of professional misconduct or that he is unfit to practise,

takes effect immediately notwithstanding any appeal or application for judicial review of the order or decision and continues in full force and effect until a court of competent and final jurisdiction has finally disposed of the matter.

59(19) A revocation or suspension of, or the imposition of conditions or limitations on, a member’s licence, an associate member’s licence or a specialist’s licence takes effect immediately and shall not be stayed by a court of competent jurisdiction and shall continue until the matter is finally disposed of by a court of competent and final jurisdiction if the findings of the Board of Inquiry or the order of Council are appealed or are subject to judicial review unless the member establishes to the court a prima facie case that he would suffer irreparable harm and that the public interest favours granting the stay.

59.1(1) A complainant, if any, may attend a hearing held pursuant to section 59 in its entirety, or in part, with or without counsel, and may make a written or oral submission, personally or through their counsel, to the Board of Inquiry.

59.1(2 ) A complainant attending a hearing held pursuant to section 59 shall not be considered a party to the hearing and they or their counsel shall not be permitted to call evidence or to examine or cross-examine witnesses.

59.1(3) Repealed 2009

59.2(1) Subject to subsection (2), a hearing shall be open to the public.

59.2(2) Council or a Board of Inquiry may make an order that the public, in whole or in part, be excluded from a hearing or any part of it if satisfied that

(a) matters involving public security may be disclosed;

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

(c) the safety of a person may be jeopardized.

59.2(3) Where it thinks fit, Council or a Board of Inquiry may make orders it considers necessary to prevent the public disclosure of matters disclosed at a hearing, including orders prohibiting publication or broadcasting of those matters.

59.2(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public.

59.2(5) A Board of Inquiry may make an order that the public be excluded from the part of a hearing dealing with a motion of an order pursuant to subsection (2).

59.2(6) A Board of Inquiry may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.

59.2(7) Council or a Board of Inquiry shall state its reasons for any order under this section and any such order and the reasons for it shall be made available to the public in writing.

59.3 Where Council or a Board of Inquiry makes an order pursuant to subsection 59.2(2) wholly or partly, because of the desirability of avoiding disclosure of matters in the interest of a person affected, subject to section 59.1,

(a) the Board shall allow the parties, the complainant, and their legal and personal representatives; and

(b) the Board may allow such other persons as it considers appropriate,

to attend the hearing.

60(1) When Council, after an inquiry by the Review Committee or a Board of Inquiry, orders

(a) that the licence or specialist's licence of a member or associate member be revoked or suspended,

(b) that conditions, limitations or restrictions be imposed on the licence or specialist's licence of a member or associate member, or

(c) that a member or associate member be reprimanded

Council shall assess the costs of the Council, and may order that the member or associate member pay the costs of the Council in whole or in part.

60(2) When a member or associate member is ordered to pay the costs of the Council, in whole or in part, under subsection (1), Council may make it a condition of the registration or licence of the member or associate member that such costs be paid forthwith, or at such time and on such terms as Council may fix.

60(3) The costs of the Council required to be paid under subsection (1) are a debt due to the College and if the costs of the Council are not paid by the member or associate member within the time specified by Council under subsection (2) the Registrar may file the order of Council with a Clerk of The Court of Queen's Bench of New Brunswick and when so filed payment of the costs of the Council as set out in the order of Council may be enforced as a judgment of The Court of Queen's Bench of New Brunswick

61(1) Any party to a proceeding before a Board of Inquiry, or the Review Committee may appeal on any point of law from

(a) the findings of the Board of Inquiry; or

(b) an order of Council

to The Court of Appeal of New Brunswick by giving notice of appeal within thirty days of the service of the order of Council, or within such further time as may be allowed by The Court of Appeal of New Brunswick or a judge thereof.

61(2) The notice of appeal shall be served upon the Registrar.

61(3) The record on appeal

(a) from the findings of a Board of Inquiry shall consist of a copy of the transcript of the proceedings and the evidence before the Board of Inquiry, certified by the Chairman of the Board of Inquiry as being the record made of the proceedings and the evidence;

(b) from an order of Council shall consist of a copy of the order of Council, and the findings and recommendation of the Review Committee or Board of Inquiry, certified by the Registrar.

61(3.1) A judge of the Court of Appeal may, on the application of the College, Council, the Registrar, a witness or any person having an interest in the proceedings other than the member, make an order directing that the identity of any person or witness, and any evidence that could disclose the identity of a person or witness, not be published in any document or be broadcast in any manner.

61(4) Notwithstanding the Rules of Court, the Court of Appeal of New Brunswick may receive and consider any further evidence which it considers relevant.

61(5) The Court of Appeal of New Brunswick may make such order as to costs as may be just.

61(6) The Rules of Court governing appeals from The Court of Queen's Bench of New Brunswick to The Court of Appeal of New Brunswick which are not inconsistent with this Act, shall apply mutatis mutandis to appeals to The Court of Appeal of New Brunswick under this section.

61.1(1) The Registrar shall give public notice of the imposition of the suspension or revocation of a member’s licence or specialist’s licence by Council as a result of proceedings before the Review Committee or a Boardof Inquiry including notice to the Minister of Health and any Regional Health Authority at which the member or associate member held privileges and to any other employer of the member or associate member.

61.1(2) Public notice under subsection (1) shall state the finding of the Review Committee or a Board of Inquiry, and the penalty imposed by Council and, in the case of a finding of professional misconduct, a brief description of the nature of the professional misconduct, and shall be given within two weeks after the finding of the Committee or the Board.

61.2(1) The Registrar shall forthwith enter into the records of the College

(a) the decision of every proceeding before the Review Committee, a Board of Inquiry or Council that

(i) resulted in the suspension or revocation of a member's licence or specialist's licence by Council, or

(ii) was directed by Council to be entered in the records of the College and made available to the public, and

(b) where the decision under paragraph (a) is appealed, a notation that it is under appeal. 61.2(2) Where an appeal referred to in paragraph (1)(b) is finally disposed of, the notation shall be removed and the records adjusted accordingly.

61.2(3) For the purposes of paragraph (1)(a), "decision", when used in reference to a proceeding before the Review Committee, a Board of Inquiry or Council, means the Committee's Board's finding, and the penalty imposed by Council, and in the case of a finding of professional misconduct, a brief description of the nature of the professional misconduct.

61.2(4) The Registrar shall provide 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, and

(b) for a period of not less than five years following the conclusion of the proceedings referred to in subsection (1) in all other cases.

61.2(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.

61.3  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 the complaints.

61.4(1) The College shall undertake measures for prevention of the sexual abuse of patients by its members.

61.4(2) The measures referred to in the subsection (1) shall include

(a) education of members about sexual abuse,

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

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

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

61.4(3) Measures referred to in subsection (2) may, where appropriate, be taken jointly with other organizations or associations of health professionals.

61.5(1) The Council shall report to the Minister of Health and Community Services within two years after the commencement of this section, and within thirty 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 sexual abuse of patients by members of the College.

61.5(2) The Council shall report annually to the Minister of Health and Community Services respecting any complaints received concerning sexual abuse of patients by members or former members of the College.

61.5(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 order of Council with respect to the complaint and the date of the order;

(iii) if allegations are referred to the Complaints and Registration Committee, the Review Committee or a Board of Inquiry, the findings and decision of the Committee or Board and the date or the decision; and

(vi) whether an appeal was made for the findings and decision of the Committee or a Board 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.

62(1) A person whose licence or specialist's licence has been revoked by an order of Council under subsection 58(12) or subsection 59(16) may, at the expiration of one year from the date the order takes effect or the expiration of any period designated by the Council in its order, whichever is the longer period, apply to Council for

(a) the entering of his name, address and qualifications on the Medical Register, and, if applicable, the Medical Specialists Register;

(b) the issuance of a licence; and

(c) the issuance of a specialist's licence in any specialty in which he held a specialist's licence at the time of such order of Council.

62(1.1) Any subsequent application by a person under subsection (1) shall not be made earlier than six months after a previous application.

62(2) Council, upon

(a) being satisfied as to the intention of such person to practise medicine in the Province of New Brunswick;

(b) being satisfied as to the activities of such person since the time of the order of Council;

(c) such person producing a letter of good standing from all jurisdictions in which he had practised medicine or osteopathy since the date of such order of Council and

(d) such person undergoing such clinical or other examinations as Council may designate,

may direct the Registrar

(e) to enter the name, address and qualifications of such person in the Medical Register;

(f) to issue a licence to such person; and 

(g) to enter the name, address, qualifications and specialties of such person in the Medical Specialists Register, and to issue a specialists licence to him in any specialty in which he held a specialist's licence at the time of the order of Council under subsection 58(12) or subsection 59(16),

upon such terms and conditions as Council may direct.

62.1 Repealed: 1993, c.76, s.2.

62.1(1) In this section and in sections 62.2 and 69

"Agreement" means the agreement among any or all of the Licensing Authorities or Medical Societies in the Provinces of New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland referred to in subsection (3);

"Assessment" means an assessment pursuant to a peer assessment program established under this section;

"Assessors" means the assessors appointed by the Peer Assessment Committee under subsection (5);

"Licensing Authorities" means the College of Physicians and Surgeons of New Brunswick, the Provincial Medical Board of Nova Scotia, the College of Physicians and Surgeons of Prince Edward Island, and the Newfoundland Medical Board, or their successors;

"Medical Societies" means the New Brunswick Medical Society, the Medical Society of Nova Scotia, the Medical Society of Prince Edward Island, Canadian Medical Association, Prince Edward Island Division, and the Newfoundland Medical Association, or their successors.

62.1(2) The Council may establish a Peer Assessment Committee.

62.1(3) The College may

(a) enter into an agreement with any or all of the other Licensing authorities and Medical Societies for the establishment of a joint Peer Assessment Committee; and

(b) agree with the other Licensing Authorities and Medical Societies to amend the agreement from time to time.

62.1(4) The Agreement shall

(a) authorize the Peer Assessment Committee to do or cause to be done, on behalf of the parties, any or all such things as the parties thereto are otherwise empowered to do and deem necessary for the development and administration of a peer assessment program;

(b) provide for the financing of the operations of the Peer Assessment Committee and for cost-sharing arrangements;

(c) provide for the preparation of an annual budget and its approval by the Licensing Authorities and Medical Societies;

(d) provide for equal representation from each of the Licensing Authorities and Medical Societies which are signatories to the Agreement;

(e) provide for the incorporation of the Peer Assessment Committee if considered advisable to achieve the objectives of the Committee; and

(f) contain such other provisions as may be necessary or desirable to provide for the administration of the Peer Assessment Committee and for its operations.

62.1(5) The Peer Assessment Committee may appoint members of the College or persons licensed as medical practitioners in Nova Scotia, Prince Edward Island, or Newfoundland, or in other provinces of Canada, as Assessors for the purposes of the application of the peer assessment program to members of the College.

62.1(6) Subject to the approval of the Council, the Peer Assessment Committee shall develop and administer a peer assessment program including:

(a) the assessment of the standards of practice of members including, but not limited to:

(i) standards for the clinical assessment and care of patients, and

(ii) standards for the maintenance of records of care administered to patients,

(b) the selection and education of Assessors,

(c) communication with physicians to be assessed,

(d) budgetary and expense arrangements,

(e) the preparation of assessment reports,

(f) the development of policy and procedures of the Peer Assessment Committee and their delegation to subcommittees, Assessors, or employees as the Committee deems appropriate; and

(g) such further activities, including the establishment of other committees or subcommittees, for the better administration of the peer assessment program.

62.1(7) Every member whose standards of practice are the subject of an Assessment shall co-operate fully with the Peer Assessment Committee and Assessors.

62.1(8) Without limiting the generality of the co-operation required by subsection (7), a member shall:

(a) permit Assessors to enter and inspect the premises where the member engages in the practice of medicine;

(b) permit the Assessors to inspect the member's records of care administered to patients;

(c) provide to the Peer assessment Committee and Assessors, in the form required, information requested by the Committee or Assessors, as the case may be, in respect of the clinical assessment and care of patients by the member or the member's records of care administered to patients;

(d) confer with the Peer Assessment Committee or Assessors when required to do so by the Committee or Assessors;

(e) permit the reassessments the Peer Assessment Committee or Assessors deem necessary for the proper administration of a peer assessment program; and

(f) comply with the remedial recommendations of the Peer Assessment Committee.

62.1(9) Upon completion of an assessment, an Assessor shall report to the Peer Assessment Committee who may

(a) receive the report of the Assessor and make no recommendations to the member assessed, or

(b) confer with the member assessed and make any remedial recommendations to him as the Committee considers appropriate, and direct the member to comply with the recommendations.

62.1(10) Costs incurred by the member in implementing the remedial recommendations made by the Committee shall be payable by the member and shall not be the responsibility of the Peer Assessment Committee, the Licensing Authorities or the Medical Societies.

62.1(11) Where an Assessor or a member of the Peer Assessment Committee learns, in the course of an assessment, that a member of the College may be guilty of professional misconduct, or may be incapacitated or unfit to practise, the Assessment shall be terminated, the member shall be advised, and the matter shall be referred to the College the be dealt with as a complaint. The Assessor or a member of the Peer Assessment Committee shall not provide any information to the College except the information necessary to identify the nature of the complaint. Nothing in this subsection prevents any other person from providing evidence to establish the professional misconduct, incapacity or fitness to practise of a member.

62.1(12) Each year the Peer Assessment Committee shall prepare and publish a report on its activities for the preceding year.

62.2(1) In this section

"Legal Proceeding" means

(a) a proceeding in any court, including a proceeding for the imposition of punishment by fine, penalty or imprisonment to enforce an Act of the Legislature or a regulation made under that Act, or any civil proceeding, and

(b) a disciplinary proceeding pursuant to this Act or pursuant to the governing legislation of any of the other Licensing Authorities;

"Witness" means any member or associate member or officer of employee of the College, any Assessor or former Assessor, and any other person who, in connection with, or in the course of, a Legal Proceeding is called upon to provide information, to answer, orally or in writing, a question, or to produce a document, whether under oath or not.

62.2(2) A Witness in a Legal Proceeding, whether a party or not, is excused from

(a) providing any information obtained by the Witness in the course of or in relation to an assessment; and

(b) producing any document made by the Peer Assessment Committee, an Assessor appointed under this section, or any other document which was prepared pursuant to or in relation to an assessment.

62.2(3) Subsection (2) does not apply to

(a) records maintained by hospitals as required by the Public Hospitals Act or regulations; or

(b) medical records maintained by attending physicians pertaining to a patient.

62.2(4) Notwithstanding that a Witness

(a) is or has been an Assessor or a member of, or a member of a subcommittee of,

(b) has participated in the activities of, or

(c) has prepared a document for or has provided information to, the Peer Assessment Committee, the Witness is not, subject to subsection (2), excused from answering any question or producing any document that the witness is otherwise bound to answer or produce.

62.2(5) An Assessor or a member of the Peer Assessment Committee shall not provide evidence against a member in a disciplinary matter with respect to information given by the member to the Assessor or a member of the Peer Assessment Committee in the course of an Assessment of the member unless the member has knowingly given false information during the Assessment or the disciplinary matter. Nothing in this subsection prevents any other person from providing evidence against a member in a disciplinary matter with respect to the information given by the member in the course of his or her Assessment.

63   Sections 54 to 62.2 and all regulations under this Act which are applicable to members of the College apply with all necessary modifications to former members, associate members, and former associate members unless otherwise expressly provided by this Act or the regulations.

64(1) The relationship of a member or associate member to a professional corporation, whether as a shareholder, director, officer or employee, does not affect, modify or diminish the application to him of the provisions of this Act or the regulations.

64(2) The liability of any person carrying on the practise of medicine is not affected by the fact that the practise of medicine is carried on by such person as an employee of and on behalf of a professional corporation.

65(1) Nothing contained in this Act shall affect, modify or limit any law applicable to the confidential or ethical relationships between a medical practitioner and a person receiving the professional services of a medical practitioner.

65(2) The relationship between a professional corporation carrying on the practice of medicine and a person receiving the professional services of the corporation is subject to all applicable laws relating to the confidential and ethical relationship between a medical practitioner and his patient.

65(3) All rights and obligations pertaining to communications made to, or information received by, medical practitioners apply to the shareholders, directors, officers and employees of a professional corporation.

66 The words "duly qualified medical practitioner", "duly qualified practitioner", "legally qualified medical practitioner", "physician" or any like words or expressions implying a person recognized by law as a medical practitioner or member of the medical profession in the Province, when used in any provision of an Act of the Legislature or any regulation, rule or order made before, at or after the commencement of this Act, or when used in any public document, shall be read as including a professional corporation which holds a licence to practise medicine issued under subsection 31(5).

68 Where

(a) a member or associate member of the College,

(b) a physician or surgeon entitled to practise medicine in this province, or any other province or country, or

(c) a person entitled to practise osteopathy in this province, or any other province or country,

voluntarily renders first aid or emergency treatment without the expectation of monetary compensation to a person outside of a hospital or doctor's office, or in any other place not having proper and necessary medical facilities, that member, physician, surgeon, or person shall not be liable for the death of such person, or damages alleged to have been sustained by such person by reason of an act or omission in the rendering of such first aid or emergency treatment unless it is established that such injuries were, or such death was caused by conduct on the part of such member, associate member, physician, surgeon or person, which, if committed by a person of ordinary experience, learning and skill, would constitute negligence.

71.1 A certificate of the Registrar issued under sections 70 or 71 constitutes prima facie evidence in any proceeding under this Act or the regulations of the College of the facts stated in the certificate without proof that the person signing the certificate is the Registrar, or of his signature.

69   No action or other proceeding for damages or any other remedy may be brought against the Licensing Authorities, Medical Societies or the Peer Assessment Committee, the Registrar, an officer or employee of the Licensing Authorities,  Medical Societies or the Peer Assessment Committee, an Assessor, a member of a committee or subcommittee of the Licensing Authorities, Medical Societies or the Peer Assessment Committee, or a member of the Council or committee of Council, or of a Board of Inquiry

(a) for any act or failure to act, or any proceeding initiated or taken, in good faith under this Act, or in carrying out their duties or obligations as an officer, employee or member under this Act, or

(b) for any decision or order made or enforced in good faith under this Act.

69.1 No action or other proceeding for damages or any other remedy may be brought against the Council, or any other person, including a member, who, in good faith, makes a complaint to the College, or provides such other report as may be required under this Act or the regulations

(a) that a member or associate member is guilty of professional misconduct; or

(b) that a member or associate member is unfit to practise.

70(1) A certificate purporting to be signed by the Registrar stating that any person named therein was or was not, on a specified day or during a specified period, registered and licensed, constitutes prima facie evidence in any court of that fact without proof that the person signing it is the Registrar, or of his signature.

70(2) A certificate purporting to be signed by the Registrar stating that a corporation named therein was or was not, on a specified day or during a specified period, registered and licensed as a professional corporation, constitutes prima facie evidence in any court of that fact without proof that the person signing it is the Registrar, or of his signature.

71 The presence of the name of any person or corporation in a document purporting for any year to be an annual list published by the Registrar pursuant to section 39 constitutes prima facie evidence in any court of the fact that a person or corporation whose name so appears is or was registered and licensed at the time of publication of such annual list.

71.2(1) Every person employed, retained or appointed for the purpose of the administration of this Act, and every member of Council or a committee of the College shall not be compelled to give testimony in a legal proceeding with regard to matters that come to their knowledge in the course of their duties.

71.2(2) No record of a proceeding or investigation under this Act, no report, document or thing prepared for or statement given at a proceeding or in the course of an investigation under this Act, and no order or decision made in a proceeding under this Act, is admissible as evidence in a legal proceeding other than a proceeding under this Act.

71.2(3) In this section, “legal proceeding” means any civil proceeding, discovery, inquiry, proceeding before a tribunal, Board, Commission, inquest or arbitration, in which evidence may be given and includes an action or proceeding for the imposition of punishment by fine, penalty, or imprisonment for the violation of an act of the Province, but does not include any proceeding or hearing conducted pursuant to this Act or the regulations.

72(1) Service of any notice, order or other document under this Act or the regulations may be made

(a) upon a member or associate member by registered letter addressed to such person at his address as set forth in the register; and

(b) upon any other person by registered letter.

72(2) If service is made by registered letter, service shall be deemed to be made on the third day after the notice, order or other document is mailed, and proof that the notice, order or other document was addressed and posted in accordance with subsection(1) is proof of service.

73 Service of any document on the College, may be made by service on the Registrar.

74(1) The New Brunswick Medical Society, continued by Section 3 of the previous Act, is hereby continued as a body corporate and politic without share capital.

74(2) The Society shall have perpetual succession and a common seal, with power to acquire, hold, lease, mortgage or otherwise dispose of real property, and may sue and be sued.

74(3) The objects of the Society are

(a) The advancement of medical science in all its branches, the promotion of health and the improvement of medical services;

(b) the prevention of disease in co-operation with health officers, Boards of Health and all others engaged in such works;

(c) the maintenance of high scientific and social status for its members;

(d) the co-operation of its members in the protection of their rights;

(e) the regulation of a minimum scale of fees for members of the Society; and

(f) the consideration of all matters concerning the good and welfare of members of the Society.

74(4) In addition to any other power conferred by this or any other Act, the Society may do such things as it considers appropriate to advance the objects of the Society and in particular, but not so as to limit the foregoing, the Society

(a) may promote medical science and related arts and sciences;

(b) may promote measures designed to improve standards of hospital and medical services;

(c) may borrow money to carry on its business and affairs and give security for any money so borrowed;

(d) may invest its money in such manner as it sees fit;

(e) may establish local and regional districts;

(f) may fix and collect fees payable to it by its members;

(g) may enter into agreements respecting its business and affairs;

(h) may publish or promote the publication of journals, newsletters, reports, brochures or other papers relative to its interests;

(i) may act as agent within the Province for the Canadian Medical Association or other association representing medical practitioners, and may collect and remit fees levied by any such association;

(j) may receive gifts and bequests from any person and may make gifts to promote its interests;

(k) may act on behalf of any of its members; and

(l) may do all such other things as are desirable to carry on its business and affairs.

75(1) The membership of the Society at the coming into force of the Act shall consist of those persons registered and licensed under the previous Act.

75(2) A person who is registered in the Medical Register and holds a licence under this Act, is entitled to be a member of the Society and to have full voting rights therein upon payment of the prescribed membership fees.

75(3) Subject to the regulations, the Society may admit persons to different classes of membership in the Society.

76 The Society shall maintain its head office at the City of Fredericton in the Province of New Brunswick.

77(1) Subject to the regulations, there shall be an annual meeting of the Society at such time and place as the Board of Directors may determine.

77(2) Subject to the regulations, the Society may hold such general or special meetings as are necessary.

78(1) There shall be a Board of Directors of the Society, to be elected from its members.

78(2) Notwithstanding subsection (1), the persons who at the coming into force of this Act make up the Executive of the Society under the pervious Act, shall constitute the Board of Directors until the election of members to the Board of Directors under subsection (1).

78(3) The Board of Directors shall, subject to this Act, govern, control and administer the affairs of the Society.

79 The persons who at the coming into force of this Act are the officers of the Society under subsection 6(2) of the previous Act, shall continue to hold office until new officers are elected or appointed under this Act to succeed them.

80(1) The Society may make regulations

(a) prescribing the terms and conditions for membership in the Society;

(b) prescribing various classes of membership and the fees payable therefor;

(c) respecting the honour and integrity of the medical profession;

(d) respecting the co-operation of its members in the protection of their rights;

(e) respecting assistance to medical associations and agencies engaged in health services;

(f) providing for the election or appointment of members of the Board of Directors and officers of the Society, and prescribing their duties;

(g) providing for the establishment of committees;

(h) providing for the establishment of local and regional districts;

(i) respecting the calling of meetings, and the procedure thereat including the fixing of quorums; and

(j) for the better administration of the Society;

if

(k) notice of motion of the regulation is given in writing to all voting members of the Society at least one month prior to the meeting at which the regulation is to be considered; and

(l) two-thirds of the voting members of the Society votes, in person or by proxy, in favour of the regulation.

80.1 No action for damages lies against the Society, an officer or employee of the Society, or a member of the board of Directors or a Committee appointed by the Board

(a) for any proceedings in good faith under this Act, or

(b) for any order made or enforced in good faith under this Act.

82 The Medical Act, Chapter 74, Acts of New Brunswick, 1958, is repealed.

83(1) Nothing in this Act shall affect the powers and duties, tenure of office or terms of remuneration of any officer of the Society or the Medical Council of New Brunswick, or any committee or Board of Inquiry 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.

83(2) Until repealed, altered or amended pursuant to this Act, any by-law made or fees prescribed under any enactment repealed by this Act and in force at the commencement of this Act, shall continue in force and have effect as if made under this Act.

83(3) No by-law which came into force on or after September 1st, 1981 shall be deemed to be invalid, and no act done pursuant to any such by- law shall be deemed to be invalid, by reason only that such by-law should have been enacted as a regulation, or that such act done pursuant to any by-law should have been done pursuant to a regulation.

83(4) No regulation which came into force on or after September 1st, 1981 shall be deemed to be invalid, and no act done pursuant to any such regulation shall be deemed invalid, by reason only that such regulation should have been enacted as a by-law, or that such act done pursuant to any regulation should have been done pursuant to a by-law.

84 This Act or any provision hereof comes into force on a day to be fixed by proclamation.

The objectives for which the Corporation is established are

(a) to engage in every phase and aspect of rendering the same medical services to the public that a member of the College of Physicians and Surgeons of New Brunswick is authorized to render;

(b) to purchase, 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 necessary for the rendering of medical or osteopathic services;

(c) 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;

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