Medical Act

7(1) There shall be a Council of the College to be constituted as provided in section 8.

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.