Medical Act

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.