Medical Act

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.