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BILL NO. 59

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                      An Act Respecting
                   the Practice of Medicine




                          CHAPTER 10
                       ACTS OF 1995-96




                 
                                                               
                                                               
         The Honourable Ronald D. Stewart, O.C., M.D.
                      Minister of Health


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
                       An Act Respecting
                    the Practice of Medicine



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Medical Act.


         2  In this Act, unless the context otherwise requires,

            (a) "associate member" means a person who is
         registered in the Medical Education Register;

            (b) "College" means the College of Physicians and
         Surgeons of Nova Scotia;

            (c) "committee" includes a committee of the Council,
         an investigation committee or a hearing committee as the
         context requires;

            (d) "complaint" means any complaint, report or
         allegation in writing and signed by a person regarding the
         conduct, actions, competence, character, fitness, health or
         ability of a member, associate member, former member,
         former associate member, professional corporation or the
         employees thereof, or any similar complaint, report or
         allegation initiated by the Registrar or referred pursuant
         to subsection 53(6);

            (e) "Council" means the Council of the College;

            (f) "court" means the Supreme Court of Nova Scotia;

            (g) "Credentials Committee" means the committee
         appointed by Council that deals with the registration and
         licensing of members, associate members, and applicants
         for registration;

            (h) "Defined Register" means the Defined Register
         kept pursuant to this Act;

            (i) "disciplinary committee" means an investigation
         committee or a hearing committee;

            (j) "disciplinary matter" means any matter involving
         an allegation of professional misconduct, conduct
         unbecoming a medical practitioner or professional
         incompetence including incompetence arising out of
         physical or mental incapacity;

            (k) "former Act" means Chapter 278 of the Revised
         Statutes, 1989;

            (l) "hearing committee" means a hearing committee
         appointed pursuant to this Act;

            (m) "hospital" means a hospital as defined in the
         Hospitals Act;

            (n) "investigation committee" means an investigation
         committee appointed pursuant to this Act;

            (o) "Joint Committee on Delegated Medical Acts"
         means the committee, comprised of representatives of the
         College, the Society, the Nova Scotia Association of
         Hospital Organizations and the Registered Nurses'
         Association of Nova Scotia, that deals with issues of
         delegated medical acts;

            (p) "licence" means a valid and subsisting licence
         issued pursuant to this Act;

            (q) "mediation" means any form of alternative dispute
         resolution;

            (r) "Medical Education Register" means the Medical
         Education Register kept pursuant to this Act;

            (s) "medical practitioner" means a person who is
         registered in the Medical Register, Defined Register,
         Temporary Register or Medical Education Register;

            (t) "Medical Specialists Register" means the Medical
         Specialists Register kept pursuant to this Act;

            (u) "member" means a person who is registered in the
         Medical Register, Defined Register or Temporary Register
         and holds a licence;

            (v) "Peer Assessment Committee" means the Peer
         Assessment Committee established pursuant to this Act;

            (w) "practice of medicine" includes, but is not
         restricted to,

                (i) advertising, holding out to the public or
            representing in any manner that one is authorized to
            practise medicine in the jurisdiction,

                (ii)    offering or undertaking to prescribe, order,
            give or administer any drug or medicine for the use of
            any other person,

                (iii)   offering or undertaking to prevent or to
            diagnose, correct or treat in any manner or by any
            means, methods, devices or instrumentalities any
            disease, illness, pain, wound, fracture, infirmity, defect
            or abnormal physical or mental condition of any
            person,

                (iv)    offering or undertaking to perform any
            obstetrical procedure or surgical operation upon any
            person;

            (x) "prescribed" means prescribed by regulations;

            (y) "register" includes the Medical Register, Medical
         Education Register, Medical Specialists Register, Defined
         Register and Temporary Register, as the context requires;

            (z) "registered" means registered pursuant to this Act;

            (aa)    "Registrar" means the person holding the
         office of Registrar pursuant to this Act;

            (ab)    "Society" means the Medical Society of Nova
         Scotia;

            (ac)    "specialist's licence" means a specialist's
         licence issued pursuant to this Act;

            (ad)    "Temporary Register" means the Temporary
         Register kept pursuant to this Act.


         3  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 of the medical profession
in the Province, when used in any regulation, rule, order or by-law made pursuant to an Act of the Legislature enacted or made
before, at or after the coming into force of this Act, or when
used in any public document, includes a person registered in
the Medical Register, Temporary Register, Defined Register or
the Medical Education Register who holds a licence.


                    COLLEGE OF PHYSICIANS
                 AND SURGEONS OF NOVA SCOTIA

         4  (1) The Provincial Medical Board of Nova Scotia
constituted by the former Act is hereby continued as a body
corporate, to be called the College of Physicians and Surgeons
of Nova Scotia, and shall be composed of its members and
associate members.

            (2) The College has 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.

            (3) In order that the public interest may be served and
protected, the objects of the College are to

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

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

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

                (d) establish, maintain and develop standards of
            professional ethics among its members; and

                (e) administer this Act and perform such other
            duties and exercise such other powers as are imposed
            or conferred on the College by or under any Act.

            (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, without
limiting the generality of the foregoing, 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 agents and employees as it, from
            time to time, deems expedient;

                (d) expend the moneys of the College in the
            advancement of its objects and the interests of the
            medical profession in such manner as it deems
            expedient;

                (e) establish and maintain such offices and
            agencies as it deems expedient;

                (f) invest and deal with any moneys and funds of
            the College that are not immediately required, in such
            manner as it deems 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;

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


         5  (1) There shall be an annual meeting of the College at
such time and place as the Council determines.

            (2) The Council and the Executive of the Medical
Society of Nova Scotia shall consult with each other about their
respective annual meeting dates, with the objective of holding
their annual meetings at the same place and on succeeding days
in each year, to better facilitate attendance by the general
membership.

            (3) An annual report shall be distributed at or before
the annual meeting for review by the membership, and shall
include a report by an auditor.

            (4) Auditors shall be recommended by the Council but
shall be subject to the approval of the College at the annual
meeting.


                           COUNCIL

         6  (1) There shall be a Council of the College to be
constituted as provided in Section 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
            pursuant to this Act;

                (b) providing for the holding of meetings of the
            College or the 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 the Council may deem expedient;

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

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

                (g) prescribing fees payable pursuant to this Act
            by applicants for initial registration, and, if the
            Council deems it advisable, designating different
            classes of applicants and prescribing different fees for
            different classes;

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

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

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

                (k) 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 that are not
            contrary to this Act;

                (l) prescribing the seal of the College;

                (m) providing for the execution of documents by
            the College;

                (n) prescribing examinations to be written by
            applicants for registration;

                (o) respecting residential qualifications of
            applicants for registration as members and associate
            members;

                (p) prescribing forms and providing for their use;

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

                (r) respecting the information to be included in
            the Register;

                (s) prescribing a code of ethics, after consultation
            with the Society and subject to approval by the College
            at an annual or special meeting.

            (3) The Council may, after consultation with the
Society and with the approval of the Governor in Council, make
regulations

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

                (b) respecting continuing medical education
            requirements of members and associate members for
            registration;

                (c) respecting the limiting or qualifying of a
            member's or associate member's licence including, but
            not limited to, surgical and medical procedures and
            interventions;

                (d) respecting the evaluation of, and licensing
            requirements of, members, associate members and
            applicants for registration who have not practised
            clinical medicine for at least one year;

                (e) respecting a peer-assessment program in
            accordance with this Act and programs of continuing
            education, and requiring members and associate
            members to participate in any such programs, and
            providing for any other matter that will facilitate or
            give effect to such programs;

                (f) respecting the disciplining of members and
            associate members and the revocation or suspension of
            licences issued pursuant to this Act;

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

                (h) 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;

                (i) 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;

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

                (l) notwithstanding subsection 7(1), changing the
            number and characteristics of appointments to the
            Council;

                (m) providing for the division of the Province into
            medical electoral districts for the election of members
            of the Council;

                (n) determining the procedure to be followed at
            hearings by a disciplinary committee;

                (o) prescribing the type of professional liability
            insurance or other form of malpractice coverage a
            member or associate member must hold;

                (p) respecting the delegation of medical acts;

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

            (4) 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.

            (5) A certificate purporting to be signed by the
Registrar stating that a certain regulation of the College was,
on a specified day or during a specified period, a duly enacted
regulation of the College in full force and effect constitutes
prima facie evidence in any court of that fact without proof that
the person who signed it is the Registrar or that it is the
Registrar's signature.

            (6) 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 is as valid and effective as
if duly passed at a meeting of the members of the College.

            (7) A member of the Council, or of a committee of the
Council or of the College, may participate in any meeting of the
Council or committee of the Council or of the College, with the
exception of the hearing committee when it is conducting a
hearing, 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.

            (8) A meeting of the Council, or of a committee of the
Council, with the exception of the hearing committee when it is
conducting a hearing, or of the College, may be held by
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.

            (9) Where ten per cent of the membership of the
College request in writing, whether by petition or otherwise,
that a special general meeting be held, the Council shall hold
such meeting within fifteen working days of determining that
ten per cent of the members have requested such a meeting.


         7  (1) The Council consists of

                (a) eight members of the College elected in the
            manner provided by this Act;

                (b) one member of the College appointed by the
            Dean of the Medical School of Dalhousie University;

                (c) one member of the College appointed by the
            Society at a general meeting; and

                (d) five persons appointed by the Governor in
            Council, all of whom are persons who

                    (i) are not members of the College, and

                    (ii)    have shown an interest in serving on the
                Council.

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

            (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) two members of the College elected for a term
            of one year;

                (b) three members of the College elected for a
            term of two years;

                (c) three members of the College elected for a
            term of three years;

                (d) one member of the College appointed by the
            Dean of the Medical School of Dalhousie University
            for a term of one year;

                (e) one member of the College appointed by the
            Society at a general meeting, for a term of one year;
            and

                (f) five persons appointed by the Governor in
            Council, one for a term of one year, two for a term of
            two years, and two for a term of three years.

            (4) Notwithstanding subsections (2) and (3), persons
appointed by the Governor in Council hold office until such
time as they are re-appointed, or until their successors are
appointed, even if such appointment or re-appointment does not
occur until after their specified term of office has expired.

            (5) Notwithstanding subsection (1), the persons who,
at the coming into force of this Act, make up the Provincial
Medical Board of Nova Scotia pursuant to the former Act
constitute the Council until the election or appointment of
members pursuant to subsection (3).

            (6) Elections required by this Section shall be held no
later than six months after the coming into force of this Act.


         8  (1) Only members of the College who practise
medicine in the Province are eligible to vote in an election of
the Council.

            (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 the member resides.

            (3) A member of the College who is a candidate for
election to membership on Council to represent a medical
electoral district must practise medicine in that district.

            (4) In this Section and clause 15(b), "practise
medicine" means to engage in any income-earning activity that
is dependent upon being a medical practitioner and includes,
but is not limited to,

                (a) the ordinary practice of medicine in a private
            office;

                (b) the practice of medicine in a hospital, whether
            as a member of staff with privileges or as an employee;

                (c) teaching at Dalhousie Medical School;

                (d) employment by a corporation, or participation
            in a partnership, the purpose of which is to provide
            health care information or consulting services.


         9  (1) Every member in good standing is eligible to be
nominated as and vote for a candidate for membership on the
Council.

            (2)  Elected or appointed members of the Council shall
not be members of the Council for more than three consecutive
terms.

            (3) In this Section, "consecutive" means that thirty-six
months or less occurred between the end of one term and the
commencement of the next.


         10 The Council may make regulations governing elections
of members of the Council and in those regulations may

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

            (b) after consultation with the Society and with the
         approval of the Governor in Council, provide for the
         division of the Province into medical electoral districts and
         prescribe the number of members of the 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;

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


         11 Members of the Council shall be elected by secret
ballot.


         12 The ballots used at an election shall not be destroyed
until all petitions pursuant to Section 13 in respect of the
election have been decided and, until that time, shall be
retained by the Registrar, together with all other papers in
connection with the election.


         13 (1) A person may petition the Council against the
election of a person to the Council by filing a petition with the
Registrar within fifteen days after the election.

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

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

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

                (a) the election is found to be illegal; or

                (b) 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.


         14 (1) The Registrar

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

                (b) in case of a vacancy occurring from the death
            or resignation of a member of the Council or from any
            other cause,

shall cause an election to be held within sixty days for the
purpose of filling the vacancy.

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

            (3) Where an election is held pursuant to subsection
(1) 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.


         15 An elected member of the Council ceases to hold office
if

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

            (b) the member ceases to practise medicine in the
         medical electoral district for which the member was
         elected;

            (c) the member ceases to be a member in good
         standing of the College, as defined in the regulations; or

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


         16 (1) The Council shall elect annually from its members
a President, President-elect and Executive Committee.

            (2) The Executive Committee

                (a) may exercise all of the powers; and

                (b) shall perform all the duties,

of the Council with respect to any matters that the Council may
delegate to it or that in the opinion of the Executive Committee
require immediate attention.

            (3) The Council shall appoint a Registrar, who shall
be a medical practitioner as defined by the regulations for the
purpose of this subsection, who shall hold office during the
pleasure of the Council, at such salary or other remuneration
as the Council determines.

            (4) 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 the
Registrar's absence from the Province.

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

            (6) The Council shall meet at least three times in each
calendar year.


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


         18 (1) Subject to subsection (2), the President shall
preside at all meetings of the Council and of the College.

            (2) Where the President is absent from a meeting, the
President-elect or, in the President-elect's absence, some other
member chosen by the members present shall preside at the
meeting.

            (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.


                       MEDICAL REGISTER

         19 (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 pursuant to
this Act to be registered therein.

            (2) The name, address and qualifications of every
person who, at the coming into force of this Act, is registered
pursuant to the former Act, shall be entered in the Medical
Register, but shall continue under any stipulations or limita-
tions attached to the person's previous registration.

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

                (a) is registered pursuant to Section 13, 14 or 15
            of the former Act; and

                (b) holds a licence.

            (4) Every licence issued pursuant to subsection (3) is
subject to any conditions or limitations attached to the
registration pursuant to the former Act.


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

                (a) holds a medical degree from a medical school
            approved by the Council;

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

                (c) produces a certificate under the hand of the
            Registrar of the Medical Council of Canada, that the
            person's name appears in the Canadian Medical
            Register in pursuance of the Canada Medical Act;

                (d) produces a letter of good standing from the
            jurisdiction in which the person has practised medicine
            prior to applying pursuant to this Section;

                (e) satisfies the Council that the person possesses
            the qualifications required in the regulations for
            registration in the Medical Register; and

                (f) complies with Section 29.

            (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.


                   PROVISIONAL REGISTRATION

         21 (1) Notwithstanding anything in this Act, where a
person applies to be registered pursuant to this Act, and the
Registrar is satisfied that such person

                (a) meets

                    (i) in a manner that would be satisfactory to
                the Council, the requirements for registration in
                the relevant register, and

                    (ii)    the requirements of Section 29; and

                (b) has paid the prescribed fees,

the Registrar may, before the matter is brought to the
Credentials Committee for its direction,

                (c) enter the name, address and qualifications of
            the person in the relevant register; and

                (d) issue a licence to such person.

            (2) Every registration made and every licence issued
pursuant to this Section is valid and remains in full force and
effect until ratified, varied or vacated at the next following
meeting of the Credentials Committee.

            (3) Subject to subsection (7), where the registration or
licence of a person is varied or vacated pursuant to subsection
(2), the Registrar shall give notice to such person forthwith in
accordance with Section 75, and the registration or licence of
that person is deemed to be varied or vacated as of the date on
which service was made or deemed to have been made on the
person.

            (4) Where the registration or licence of a person is
varied or vacated pursuant to subsection (2), the person may
request the opportunity to appear before the next scheduled
meeting of the Council, with or without legal counsel, where the
Council shall consider the application in accordance with this
Act.

            (5) No member of the Council who considered the
application pursuant to subsection (2) shall participate in the
Council's consideration of the application.

            (6) After hearing the applicant and the Registrar, 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 the Council
            considers appropriate;

                (c) adjourn further consideration of the
            application, pending completion by 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 the Council is not satisfied that the applicant
            meets the criteria set out in subsection (1).

            (7) Where a hearing is requested pursuant to
subsection (4), the registration or licence of the person
requesting the hearing shall not be varied or vacated until the
Council has completed its consideration of the application.


         22 (1) Where the Registrar is not satisfied with the
evidence presented by a person applying for registration, the
Registrar

                (a) may; or

                (b) where the applicant so requests in writing,
            shall,

refer the matter to the Credentials Committee.

            (2) Upon a referral pursuant to subsection (1), the
Credentials 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 consider the application in
accordance with this Act.

            (3) Where the person requests the opportunity to
appear before the Credentials Committee, this request shall be
granted, and the person may appear with legal counsel.


                  TEMPORARY MEDICAL REGISTER

         23 (1) The Council may direct the Registrar to enter in the
Temporary Medical Register the name, address and
qualifications of any physician employed in the public service
of the Province upon

                (a) receiving a request therefor from the Minister
            of Health;

                (b) being satisfied as to the professional
            qualifications of the physician; and

                (c) compliance with Section 29.

            (2) Upon receiving a direction from the Council
pursuant to subsection (1), the Registrar shall

                (a) enter in the Temporary Medical Register the
            name, address and qualifications of the person named
            therein; and

                (b) issue a licence to such person.

            (3) Every person who, at the coming into force of this
Act, is registered pursuant to clause 15(2)(a) of the former Act
and holds a licence shall be issued a licence pursuant to
subsection (2).

            (4) Every licence issued pursuant to subsection (3) is
subject to any conditions or limitations attached to the
registration pursuant to the former Act.

            (5) A person to whom a licence has been issued
pursuant to subsection (2) may practise medicine

                (a) in the performance of that person's duties in
            the public service of the Province; or

                (b) in consultation with a regularly licensed
            medical practitioner when that person's services are
            specifically requested.

            (6) The Minister of Health shall immediately advise the
Registrar when a person registered pursuant to this Section
ceases to be employed in the public service of the Province on
a full-time basis.

            (7) When a person registered pursuant to this Section
ceases to be employed in the public service of the Province of
Nova Scotia, the Registrar shall

                (a) strike that person's name from the Temporary
            Medical Register; and

                (b) revoke that person's licence.

            (8) No person shall practise medicine while employed
in the public service of the Province unless registered and
licensed.


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

                (a) is engaged as a member of the Faculty of
            Medicine of Dalhousie University upon receiving a
            request therefor from the Dean of the Faculty;

                (b) being satisfied as to the professional
            qualifications of that person; and

                (c) compliance with Section 29.

            (2) Upon receiving a direction from Council pursuant
to subsection (1), the Registrar shall

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

                (b) issue a licence to such person.

            (3) The Registrar shall

                (a) enter in the Temporary Medical Register the
            name, address and qualifications of any person who, at
            the coming into force of this Act, holds a licence issued
            pursuant to clause 15(2)(b) of the former Act; and

                (b) issue a licence to such person.

            (4) Every licence issued pursuant to subsection (3) is
subject to any conditions or limitations contained in the licence
issued pursuant to the former Act.

            (5) A person to whom a licence has been issued
pursuant to subsection (2) or (3) may engage in such areas of
the practice of medicine as are reasonably necessary in the
performance of that person's duties in the Faculty of Medicine
of Dalhousie University.

            (6) When a person licensed pursuant to subsection (2)
or (3) ceases to be a member of the Faculty of Medicine of
Dalhousie University, the Registrar shall

                (a) strike the name of such person from the
            Temporary Medical Register; and

                (b) revoke the licence of such person.

            (7) The Dean of the Faculty of Medicine of Dalhousie
University shall immediately advise the Registrar when a
person registered pursuant to this Section ceases to be
employed by Dalhousie University on a full-time basis.


                       DEFINED REGISTER

         25 (1) The Council shall keep a register called the
Defined Register in which shall be entered the name, address,
qualifications and terms and conditions of registration of all
persons who are entitled pursuant to this Act to be registered
therein.

            (2) After consultation with the Executive of the Medical
Society, the Council may make regulations, which shall take
effect upon approval by a general meeting of the College and
by the Governor in Council,

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

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

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

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

                (e) prescribing by whom applications may be
            made pursuant to this Section, and the procedure on
            such applications;

            (3) The Council may direct the Registrar to register in
the Defined Register the name, address and qualifications and
terms and conditions of registration of any person who

                (a) satisfies the Council that that person possesses
            the qualifications required for registration in the
            Defined Register; and

                (b) complies with Section 29.

            (4) Upon receiving a direction from Council pursuant
to subsection (3), the Registrar shall enter in the Defined
Register the name, address and qualifications and terms and
conditions of registration of the person named therein, and
issue a licence to such person.

            (5) The Registrar shall

                (a) enter in the Defined Register the name,
            address and qualifications and terms and conditions of
            registration of every person who, at the coming into
            force of this Act, is registered pursuant to subsection
            15(3) of the former Act and who holds a licence; and

                (b) issue a licence to such persons.

            (6) Every licence issued pursuant to subsection (5)
shall be subject to any conditions or limitations attached to the
registration in subsection 15(3) of the former Act.


                 MEDICAL SPECIALISTS REGISTER

         26 (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 pursuant to this Act to be registered therein.

            (2) The Council may, after consultation with the
Society and with the approval of the Governor in Council, 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 regulation and prohibition of
            the use, terms, titles or designations by members
            indicating specialization in any branch of medicine.

            (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 the practitioner
            possesses the qualifications required for registration
            in the Medical Specialists Register; and

                (c) complies with Section 29.

            (4) Upon receiving a direction from Council pursuant
to subsection (3), the Registrar shall enter in the Medical
Specialists Register the name, address, qualifications and
specialty of the person named therein, and issue a specialist's
licence to such person.

            (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 pursuant to the rules and
regulations of the former Act and who holds a licence and shall
issue a specialist's licence to such persons.

            (6) Every licence issued pursuant to subsection (5) is
subject to any conditions or limitations attached to the
registration in the Specialists Register pursuant to the rules
and regulations of the former Act.


                  MEDICAL EDUCATION REGISTER

         27 (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
pursuant to this Act to be registered therein.

            (2) The Council may, after consultation with the
Society and with the approval of the Governor in Council, make
regulations

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

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

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

                (a) either

                    (i) is a student at a medical school approved
                by Council, or

                    (ii)    holds a medical degree from a medical
                school approved by the Council and is engaged in
                a program of

                        (A) pre-registration physician training
                    acceptable to the Council, or

                        (B) post-graduate training acceptable to
                    the Council;

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

                (c) complies with Section 29.

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

            (5) 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
Temporary Medical Register pursuant to clause 15(2)(c) of the
former Act.

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

                (a) ceases to be engaged in a program of
            preregistration physician training or post-graduate
            training; or

                (b) has been registered in the Medical Register,
            Temporary Medical Register or Defined Register.


                    REGISTRATION GENERALLY

         28 Notwithstanding anything in this Act, where any person
has been convicted or found to be guilty, by a court in or out of
Canada, of any offence that is inconsistent with the proper
professional behaviour of a physician or surgeon, including a
conviction under the Criminal Code (Canada) or the Narcotics
Control Act, and such person applies for registration, the
Registrar and the Council may refuse to register 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.


         29 Any person who applies for registration pursuant to
this Act shall

            (a) apply therefor in the prescribed manner;

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

            (c) satisfy the Council that that person is of good
         character;

            (d) provide such information as the Council may
         require; and

            (e) pay the prescribed fee.


         30 A member or associate member of the College who
changes address shall promptly inform the Registrar who shall
enter the change in the Register.


                         ANNUAL FEES

         31 (1) Every member and associate member shall pay to
the Registrar, or such person as the Registrar may designate,

                (a) at the time that the member or associate
            member is registered; and

                (b) on or before a date or dates prescribed by
            Council in each year thereafter,

the prescribed annual registration or licence fee.

            (2) Every member who is registered in the Medical
Register, Temporary Medical Register or Defined Register shall
pay to the Medical Society of Nova Scotia, or such person as it
may designate,

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

                (b) on or before a date prescribed by the Society
            in its by-laws, in each year thereafter,

the prescribed annual membership dues of the Society for that
member's class or type of membership.

            (3) Prior to the due date of the annual membership
dues, the Society shall give notice to every member in such form
and in such manner the Society may prescribe by by-law.

            (4) The Society shall notify the Registrar where a
member fails to make a payment pursuant to subsection (2).

            (5) A member is deemed to have paid the membership
dues to the Society pursuant to subsection (2), until such time
as the Society notifies the Registrar that the member has failed
to do so.

            (6) The licence and specialist's licence of any 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.

            (7) The Registrar shall forthwith notify in writing any
person whose licence has been suspended pursuant to this
Section.

            (8) The prescribed annual licence fees payable by
members and associate members of the College pursuant to
subsection (1) shall be determined by the Council.


         32 (1) Where the licence or specialist's licence of a
member has been suspended pursuant to subsection 31(6), or
in any other case where the licence or specialist's licence of a
registered person has expired or lapsed pursuant to this Act or
the former Act for non-payment of fees, such person may apply
to the Registrar for relicensing.

            (2) Where a person referred to in subsection (1)
satisfies the Registrar

                (a) of the person's intention to practise medicine
            in the Province;

                (b) as to the person's activities since the date of
            the suspension or expiry or lapsing of the person's
            licence;

                (c) that the person has maintained and possesses
            an appropriate level of medical skill and knowledge;

                (d) as to the person's good standing in all
            jurisdictions in which the person has practised
            medicine since the date of the suspension or expiry or
            lapsing of the person's licence; and

                (e) that the person has paid all fees or any other
            amount owing to the College and the Society and such
            administrative fees as may be prescribed,

the Registrar may

                (f) issue a license to such person; and

                (g) issue a specialist's licence to such person in
            the specialties in which the person formerly held a
            specialist's licence.

            (3) Where the Registrar is not satisfied with the
evidence presented pursuant to subsection (2), the Registrar

                (a) may; or

                (b) where the applicant so requests in writing,
            shall,

refer the matter to the Credentials Committee.

            (4) Upon a referral pursuant to subsection (3), the
Credentials 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 consider the application in
accordance with this Act. 

            (5) Where the person requests the opportunity to
appear before the Credentials Committee, this request shall be
granted, and the person may appear with legal counsel.

            (6) Where the registration or licensing of a person is
refused pursuant to subsection (4), the person may request the
opportunity to appear before the next scheduled meeting of
Council, with or without legal counsel, where Council shall
consider the application in accordance with this Act. 

            (7) No member of Council who considered the
application pursuant to subsection (4) shall participate in
Council's consideration of the application. 

            (8) After hearing the applicant and the Registrar, 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 the Council
            considers appropriate;

                (c) adjourn further consideration of the
            application, pending completion by 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).


         33 Every licence or specialist's licence issued pursuant to
Section 32 shall be subject to any conditions, limitations, or
restrictions contained in the licence or specialist's licence that
had expired, lapsed, or been suspended pursuant to subsection
31(6), unless Council orders otherwise.


                         ANNUAL LIST

         34 The Registrar shall in each year cause to be published
in the manner prescribed an annual list that includes

            (a) the names of those persons who hold a licence;

            (b) the names and specialties of those persons who
         hold a specialist's licence;

            (c) the names of those persons listed in the Temporary
         Register;

            (d) the names of persons listed in the Defined Register;
         and

            (e) the names of persons listed in the Medical
         Education Register.


                          PRIVILEGES

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

            (2) 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 the person's
conduct while a member or associate member, or while
registered.


         36 Except where prohibited by the regulations, but
notwithstanding anything contained in the Pharmacy Act, a
medical practitioner who holds a licence may dispense,
compound or administer drugs or medicines in the course of the
person's practice of medicine, and may make reasonable
charges for any services rendered or goods supplied in doing
so.


         37 Nothing contained in the Dental Act prohibits medical
practitioners who hold a licence from doing, in the course of
administering medical aid or treatment, anything for which
registration is required pursuant to that Act, or from doing
anything in an emergency to relieve pain or suffering of a
person, or making reasonable charges therefor.


                         PROHIBITIONS

         38 (1) A person licensed pursuant to this Act who
practises medicine in violation of any condition or limitation
contained in the person's licence commits an offence.

            (2) A person who practises medicine

                (a) while the person's licence is suspended or
            revoked; or

                (b) without a licence,

commits an offence.


         39 (1) A member of the College who leaves the Province
and practises medicine on the member's return to the Province
prior to providing the Registrar with a certificate of good
standing from all jurisdictions in which the member had
practised during such absence commits an offence.

            (2) The Council may waive the requirements of
subsection (1), and may make regulations exempting members
from the requirements of subsection (1) where members have
been absent from the Province for a period shorter than a 
maximum period prescribed in the regulations.


         40 (1) Except as provided in this Act and the regulations,
no person, other than a medical practitioner who holds a
licence shall

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

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

                (c) assume any title or description implying or
            designed to lead the public to believe that that person
            is entitled to practise medicine.

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

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

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

unless registered and licensed at the time the services were
provided or the medicine or appliances were rendered.

            (3) For greater certainty, this Section does not affect
the right of a dentist, duly licensed to practise dentistry in the
Province, to append the title "doctor" or "dental surgeon" to
his or her name nor the right of a veterinary surgeon registered
under the Veterinary Medical Act to append the title "doctor"
or "veterinary surgeon" to his or her name.


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


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


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

            (2) Where a violation of this Act or the regulations by
a person who does not have the right to practise medicine
continues for more than one day, the offender is guilty of a
separate offence for each day that the violation continues.

            (3) For the purpose 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.


         44 (1) A person who violates

                (a) this Act;

                (b) a regulation made pursuant to clause 6(3)(h),
            (i) or (j); or

                (c) a regulation made pursuant to clause 26(2)(d),

is guilty of an offence, and the Summary Proceedings Act
applies in addition to any penalty otherwise provided for in this
Act or the regulations.

            (2) All fines and penalties payable under this provision
as a result of a prosecution by or on behalf of the College
belong to the College.
         (3)    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 the Council, with the consent of the
Minister of Health.


                          EXEMPTIONS

         45 Nothing in this Act applies to or prevents

            (a) the attendance upon a patient residing in this
         Province in the vicinity of the boundary line of the Province
         of New Brunswick by a medical practitioner resident and
         duly registered in the Province of New Brunswick whose
         practice is normally near the boundary line of this
         Province and who does not have within this Province an
         office or place of business wherein to meet patients or to
         receive calls;

            (b) a physician or surgeon entitled to practise
         medicine in any other province of Canada or country, from
         consulting in the Province with a medical practitioner who
         holds a licence;

            (c) the domestic administration of family remedies;

            (d) the practice of the religious tenets or general
         beliefs of any religious organization;

            (e) 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;

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

            (g) the practice of optometry by a person who is
         licensed pursuant to the Optometry Act;

            (h) the practice of nursing assistant by a person who
         is registered pursuant to the Nursing Assistants Act;

            (i) the practice of occupational therapy by a person
         who is licensed pursuant to the Occupational Therapists
         Act;

            (j) the practice of dentistry or dental surgery by a
         person who is registered pursuant to the Dental Act;

            (k) the practice of dispensing optician by a person who
         is registered pursuant to the Dispensing Opticians Act;

            (l) the practice of denturology by a person who is
         licensed pursuant to the Denturist Act;

            (m) the practice of psychology by a person who is
         licensed pursuant to the Psychologists Act;

            (n) the practice of chiropractic by a person who is
         registered pursuant to the Chiropractic Act;

            (o) the practice of pharmacy by a person who is
         registered pursuant to the Pharmacy Act;

            (p) the practice of dietetics by a person who is
         registered pursuant to the Professional Dietitians Act;

            (q) the practice of radiological technology by a person
         registered pursuant to the Medical Radiation Technologists
         Act;

            (r) the practice of dental technology by a person
         registered pursuant to Dental Technicians Act;

            (s) the practice of nursing by a person registered
         pursuant to the Registered Nurses' Association Act;

            (t) the practice of physiotherapy by a person
         registered pursuant to the Physiotherapy Act;

            (u) the performance of those medical acts as approved
         by the Joint Committee on Delegated Medical Acts that are
         so delegated or are otherwise approved by regulation or by
         a process established by regulation.


                       PATIENT RECORDS

         46 (1) In this Section, "patient records" includes all
documents, charts, laboratory specimens, x-rays, photographic
film or any other form of record relating to the patients of a
member or associate member.

            (2) Where

                (a) a member

                    (i) dies, disappears, is imprisoned, leaves the
                Province or surrenders the member's 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 of the member's patients' interests,

the College may, with or without notice as the court directs,
request the court to appoint a custodian who is a physician to
take possession of the patient records of the member.


            (3) A custodian appointed pursuant to subsection (2)
shall

                (a) hold and protect all patient records taken into
            custody; and

                (b) distribute copies of the patient records, as may
            be appropriate, to the physicians of the patients
            concerned, including the member referred to in
            subsection (2), and to the duly appointed
            representatives of the patients, or the patients
            themselves unless there are reasonable grounds to
            believe it would not be in the best interest of the patient
            to make that information available, subject to such fees
            as the court may direct or the regulations may
            prescribe.

            (4) In an order made pursuant to 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 the custodian's 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 the custodian's duties;

                (g) make provision for the discharge of a
            custodian either before or after completion of the
            responsibilities imposed upon the custodian by any
            order made under this Section; and

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

            (5) Unless the Court otherwise directs, it shall be
sufficient for the custodian to give notice by newspaper
advertisement, to patients, physicians or the general public,
that the custodian has possession of the patient records of a
member.

            (7) Subject to any order of the court, or where one year
has passed from the date of the court order appointing the
custodian, whichever is earlier, 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, and the
custodian's compliance with the order of the Council
discharges the custodian, in respect of those patient records
affected.

            (8) Unless otherwise ordered pursuant to subsection
(7), upon discharge of a custodian pursuant to subsections (7)
and (10), the College shall take into permanent custody patient
records and assume the responsibilities of a custodian as
provided in subsection (3).

            (9) The College may destroy records after the passage
of a minimum period of time as ordered by the Court or as set
by regulations.

            (10)    The court may, upon the application of the
College made either ex parte or on such notice as the court
directs, remove a custodian from office and, if the court deems
it expedient, appoint another custodian in the custodian's
place, and may include in such order such further directions as
are required in the circumstances.

            (11)    A member in respect of whom an order has
been made pursuant to 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 pursuant to this Section and to direct
the custodian to place all or part of the patient records back
into the possession of the member upon such terms as may be
just.

            (12)    The court may give directions as to service of
any notice required or order made pursuant to this Section.

            (13)    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 pursuant to this Section, or against a custodian or any
other person acting in good faith pursuant to this Section or
any order issued under this Section.

            (14)    This Section applies mutatis mutandis to
former members of the College.


                          INJUNCTION

         47 (1) Where a member or associate member, whose
licence to practise has been suspended pursuant to this Act or
the regulations, does or attempts to do anything contrary to this
Act or the regulations, the doing of such thing may be
restrained by an injunction of the court at the instance of the
Council.

            (2) Where a person other than a member or associate
member does or attempts to do anything contrary to this Act,
the doing of such thing may be restrained by an injunction of
the court at the instance of the Council.


                          DISCIPLINE

         48 Complaints may be initiated by

            (a) any official body corporate or association;

            (b) the Registrar; or

            (c) any other person.


         49 The College or a disciplinary committee may employ,
at the expense of the College, such legal or other assistance as
it considers necessary for the purpose of the investigation of
any disciplinary matter.


         50 Every person involved in the administration of this Act,
and any member of the Council, or a committee of Council or
the College, shall maintain confidentiality with respect to all
medical information that comes to that person's knowledge
regarding patients, and with respect to all matters that come to
that person's knowledge relating to a peer assessment, 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; or

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


         51 A person or disciplinary committee investigating a
disciplinary matter concerning a member or associate member
may investigate any other disciplinary matter concerning the
member or associate member that arises in the course of the
investigation.


         52 (1) Where a disciplinary committee

                (a) learns that the registration or licence of a
            member or associate member has been suspended or
            revoked for reasons of professional misconduct,
            conduct unbecoming or incompetence by another
            licensing or regulatory authority;

                (b) has provided the member or associate member
            with such notice as it may prescribe of a hearing
            together with a copy of the relevant decision of the
            other licensing or regulatory authority; and

                (c) has heard such evidence as is offered by the
            member or associate member at the hearing as to why
            the member should not be subject to disciplinary
            action,

the disciplinary committee may take any of the actions
contemplated by clause 66(2)(e).

            (2) Where a member or associate member has been
convicted of an offence pursuant to the Criminal Code
(Canada) or the Narcotics Control Act (Canada) or has been
convicted of an offence as referred to in Section 28, the
disciplinary committee may, by such notice as it prescribes,
require the member or associate member to attend a hearing to
establish why the member or associate member should not be
subject to disciplinary action.

            (3) For the purpose of subsection (2), a certificate of
conviction of a member or associate member is conclusive
evidence that a person has committed the offence stated therein
unless it is shown by the member or associate member that the
conviction has been quashed or set aside.

            (4) When a disciplinary committee is conducting a
hearing pursuant to this Section, it may, if it deems proper, take
any of the actions contemplated by clause 66(2)(e).


                   INVESTIGATION COMMITTEE

         53 (1) Council shall appoint a committee or committees
to be known as an investigation committee.

            (2) An investigation committee shall be composed of at
least five persons.

            (3) A committee shall

                (a) have as its chair a member of the Council
            appointed by the Council;

                (b) have as a member at least one person who does
            not hold a degree of doctor of medicine or equivalent,
            who is a member of the Council; and

                (c) have as a member at least three members of the
            College.

            (4) Notwithstanding subsection (3), any three members
of the committee constitute a quorum.

            (5) The committee shall

                (a) investigate complaints regarding a
            disciplinary matter concerning any member or
            associate member of the College;

                (b) investigate any matter referred to the
            committee by the Registrar; and

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

            (6) The Registrar may refer a matter to the committee
notwithstanding that a written complaint has not been filed with
the Registrar.

            (7) Without receipt of a written complaint, the
committee

                (a) may do all things necessary to provide a full
            and proper investigation;

                (b) may appoint a person or persons to conduct an
            investigation or practice audit, or both.

            (8) Upon receipt of a written complaint and upon
giving to the member or associate member a copy of the
complaint, 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.

            (9) Where the member or associate member fails to
comply with subsection (8), the committee may suspend or
restrict the registration, licence or specialist's licence, or both,
of the member or associate member until the member or
associate member complies.

            (10)    Where the committee has, pursuant to clause
(8)(a),(b) or (c), required a member or associate member to
submit to physical or mental examinations, or submit to
inspection or audit of the practice by a qualified person
designated by the committee, the committee shall deliver to the
member or associate member any report it receives from the
designated qualified person.

            (11)    The committee or person appointed to conduct
an investigation pursuant to clause (7)(b) may

                (a) employ such other experts as the Committee or
            person deems necessary;

                (b) require the member or associate member or
            any other member or associate member of the College,
            who may have information relevant to the
            investigation, to attend before the Committee or the
            person conducting the investigation to be interviewed;

                (c) investigate any other matter relevant to the
            conduct, capacity or fitness of a member or associate
            member to practise medicine that arises in the course
            of the investigation.

            (12)    The Committee may

                (a) dismiss the complaint;

                (b) attempt to resolve the matter informally;

                (c) with the consent of both parties, refer the
            matter, in whole or in part, for mediation;

                (d) refer the matter, in whole or in part, to a
            hearing committee;

                (e) counsel the member or associate member;

                (f) caution the member or associate member;

                (g) counsel and caution the member or associate
            member;

                (h) reprimand the member or associate member
            with the member's or associate member's consent; or

                (i) with the consent of the member or associate
            member, require the member or associate member to
            undergo such treatment or re-education as the
            committee considers necessary.

            (13)    Where the committee is considering a decision
to counsel, caution, or counsel and caution a member or
associate member pursuant to clause (12)(e), (f) or (g), the
committee shall give notice to the member or associate member
and the member or associate member shall be given the
opportunity to appear, with or without legal counsel, before the
committee prior to the committee making a decision.

            (14)     A member or associate member who has
consented to a  requirement for treatment or re-education
pursuant to clause (12)(i), may consent to such requirement in
principle, while reserving the right to appeal the actual content
of the requirement for treatment or re-education to a hearing
committee within fifteen days of receiving notice thereof.

            (15)    Parties to an appeal pursuant to subsection
(14) shall bear their own costs.

            (16)    Such appeals will be conducted without oral
testimony and a hearing committee shall review an agreed
statement of facts supplied by the legal counsel for the College
and signed by the member or associate member.

            (17)    Where an agreed statement of facts is not filed
within thirty days of filing the notice of appeal, then the consent
of the member or associate member is deemed to have been
withdrawn and the matter referred back to the investigation
committee which may consider other actions or dispositions as
authorized by this Act.

            (18)    When making findings pursuant to clauses
(12)(e), (f), (g), (h) or (i), a committee may make any
combination of the dispositions that are set out therein, or the
committee may make such other dispositions as it considers
appropriate, in accordance with the objects of this Act.

            (19)    The member or associate member and the
complainant will be advised in writing of the disposition of the
committee.


         54 (1) Notwithstanding any other provision of this Act,
where

                (a) an investigation committee receives
            information that indicates that a member or associate
            member may be incompetent or guilty of professional
            misconduct or conduct unbecoming; and

                (b) the investigation committee concludes that it is
            in the public interest to suspend from practice or
            restrict the practice of the member or associate
            member,

the investigation committee may, without a hearing,

                (c) immediately suspend the registration, licence
            or specialists licence, or both, of the member or
            associate member on a temporary basis; or

                (d) immediately impose restrictions on the
            registration, licence or specialists licence, or both, of
            the member or associate member on a temporary basis.

            (2) The member or associate member shall receive,
forthwith, notice in writing, with reasons, of a decision made
pursuant to subsection (1).

            (3) Subject to a determination pursuant to subsection
(5), a decision pursuant to subsection (1) continues in force
until final resolution by a hearing committee which must occur
without undue delay.

            (4) The member or associate member who receives
written notice pursuant to subsection (2) may request, in
writing, an opportunity to meet with the investigation
committee.

            (5) Where a request is received pursuant to subsection
(4), the investigation committee shall

                (a) provide an opportunity for the member or
            associate member to meet with the committee within ten
            days of the written request; and

                (b) after meeting with the member or associate
            member, may confirm, vary or terminate the suspension
            or restrictions imposed pursuant to subsection (1).


         55 Notwithstanding any other provision of this Act, where
a decision is made pursuant to subsection 54(1), subject to any
disposition made pursuant to subsection 54(5), a hearing
committee shall be appointed pursuant to subsection 58(1) to
proceed with a hearing to determine whether the member or
associate member is guilty of charges relating to a disciplinary
matter.


         56 Notwithstanding that a member or members of an
investigation committee or a hearing committee have ceased to
hold office by reason of the lapse of their appointments, such
member or members shall be seized with the jurisdiction to
complete any matter the committees have commenced if
necessary to retain a quorum, and for this purpose such
member or members continue to have the same powers,
privileges, immunities and duties as are provided by this Act
and the regulations.


                     SETTLEMENT AGREEMENT

         57 (1) After an investigation committee refers a matter to
a hearing committee pursuant to clause 53(9)(d), the member
or associate member complained of may, at any time prior to
the commencement of the hearing, tender to the investigation
committee a proposed settlement agreement in writing,
consented to by legal counsel for the College that includes an
admission of a disciplinary matter violation or violations and
the member's or associate member's consent to a specified
disposition, conditional upon the acceptance of the agreement
by a hearing committee.

            (2) The investigation committee may, in its discretion,
recommend or refuse to recommend acceptance of the proposed
settlement agreement by the hearing committee.

            (3) Where the investigation committee recommends the
acceptance of the proposed settlement agreement, it shall
instruct legal counsel for the College to advise the hearing
committee hearing the complaint of its recommendation.

            (4) Where the investigation committee refuses to
recommend the proposed settlement agreement, the hearing
shall proceed without reference to the proposed settlement
agreement.

            (5) Where the hearing committee appointed to hear the
complaint accepts the recommendation of the investigation
committee, it shall confirm such acceptance by written decision
that incorporates the settlement agreement.

            (6) Where the hearing committee appointed to hear the
complaint rejects the recommendation of the investigation
committee,

                (a) it shall advise the Registrar of its decision;

                (b) it shall proceed no further with the hearing of
            the complaint;

                (c) a new hearing committee shall be appointed to
            hear the complaint and no member of the committee
            that considered the proposed settlement agreement
            shall be a member of the new committee; and

                (d) the investigation committee retains jurisdiction
            over a complaint until the commencement of the
            hearing by a hearing committee.


                      HEARING COMMITTEE

         58 (1) A hearing committee shall be appointed for the
purpose of hearing any charges relating to a disciplinary
matter against a member or associate member when a
disciplinary matter is referred, in whole or in part, to a hearing
committee.

            (2) A hearing committee shall be composed of at least
five persons.

            (3) The committee shall have as members

                (a) at least one person who does not hold a degree
            of doctor of medicine or equivalent, who is a member
            of the Council; and

                (b) at least three members of the College.

            (4) Notwithstanding subsection (3), any three members
of the committee constitute a quorum.

            (5) Subject to the regulations, the hearing committee
may do all things necessary to provide a full and proper
inquiry.

            (6) In a matter over which a hearing committee has
jurisdiction, the hearing committee and each member of the
committee has all the powers, privileges and immunities of a
commissioner appointed pursuant to the Public Inquiries Act.

            (7) Upon the application of

                (a) any party to the hearing;

                (b) the chair of the hearing committee; or

                (c) legal counsel for the College or hearing
            committee,

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 hearing committee.

            (8) It is the duty of the member or associate member
who is charged in a disciplinary matter to appear at the
hearing but in the event of non-attendance by such member or
associate member, the hearing committee, upon proof by
affidavit, statutory declaration or other evidence acceptable to
the hearing committee of  service of the notice, pursuant to
subsection (9), may proceed with the hearing and, without
further notice to such member or associate member, render its
decision and take such other action as it is authorized to take
pursuant to this Act.

            (9) Unless the member or associate member has
agreed to a shorter notice period, a notice of hearing shall be
served at least thirty days before the holding of the hearing
upon the member whose disciplinary matter is being heard.

            (10)    A notice of a hearing shall state the details of
the charges and the time and place of the holding of the
hearing, and shall be signed by the Registrar.

            (11)    The College shall place the notice as provided
for in subsection (10) in such publications as it deems
necessary in order to inform the public.


         59 (1) The following evidence is not admissible before a
hearing committee unless the opposing party has been given, at
least ten days before the hearing,

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

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

            (2) Notwithstanding subsection (1), a hearing
committee may, in its discretion, allow the introduction of
evidence that would be otherwise inadmissible under subsection
(1) and may make directions it considers necessary to ensure
that a party is not prejudiced.


         60 No member of a hearing committee holding a hearing
shall communicate outside the hearing, in relation to the
subject-matter of the hearing, with a party or the party's
representative unless the other party has been given notice of
the subject-matter of the communication and an opportunity to
be present during the communication with the exclusion of
communications where the sole purpose is to make
administrative arrangements.


         61 Where a hearing committee obtains expert medical
opinion with respect to a hearing, it shall make the nature of
the opinion known to the parties and they may make
submissions with respect to the opinion.


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

            (2) The hearing committee may make an order that the
public, in whole or in part, be excluded from a hearing or any
part of it if the hearing committee is 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
            desirability of avoiding public disclosure of those
            matters in the interest of any person affected or in the
            public interest outweighs the desirability of adhering
            to the principle that hearings be open to the public; or

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

            (3) Where it thinks fit, the hearing committee 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.

            (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.

            (5) The hearing committee 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).

            (6) The hearing committee may make any order
necessary to prevent the public disclosure of matters disclosed
in the submission relating to any motion described in
subsection (5), including prohibiting the publication or
broadcasting of those matters.

            (7) Subject to any orders pursuant to this Section, the
hearing committee shall state, at the hearing, its reasons for
any order made pursuant to this Section.


         63 Where a hearing committee makes an order pursuant
to subsection 62(2), wholly or partly, because of the desirability
of avoiding disclosure of matters in the interest of a person
affected,

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

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

to attend the hearing.


         64 A hearing committee shall, on the request of a witness,
other than the member or associate member, whose testimony
is in relation to allegations of misconduct of a sexual nature by
a member or associate member involving the witness, make an
order that no person shall publish the identity of the witness or
any information that could disclose the identity of the witness.


         65 (1) The hearing committee holding a hearing shall
ensure that

                (a) the oral evidence is recorded;

                (b) copies of the transcript of the hearing are
            available to a party at the party's request and expense,
            the complainant at the complainant's request and
            expense and other persons the hearing committee or
            the Registrar considers appropriate at those persons'
            request and expense; and

                (c) copies of the transcript of any part of the
            hearing that is not closed nor the subject of an order
            prohibiting publication are available to any person at
            that person's expense.

            (2) Where a transcript of a part of a hearing that is the
subject of an order for a closed hearing or an order prohibiting
publication is filed with a court in respect of proceedings, only
the court, the parties to the proceedings and the complainant
may examine it unless the court or the hearing committee
orders otherwise.


         66 (1) At a hearing of the hearing committee, a member
or associate member is entitled to all the rights of natural
justice, including the right to be represented by legal counsel,
to know all the evidence considered by the hearing committee,
to present evidence, and to cross examine witnesses.

            (2) A hearing committee

                (a) shall hear each case in such manner as it
            deems fit;

                (b) may require 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
                member or associate member's practice by such
                qualified persons as the committee designates,

                    (iii)   undergo such examinations as the
                hearing committee directs to determine whether
                the member or associate member is competent to
                practise medicine, and

                    (iv)    produce records and accounts kept with
                respect to the member or associate member's
                practice;

                (c) where the member or associate member fails to
            comply with clause (b), may resolve that the
            registration, licence or specialist's licence, or both, of
            the member or associate member be suspended until
            the member or associate member does;

                (d) where the committee has, pursuant to
            subclause (b)(i), (ii) or (iii), required a member or
            associate member to submit to physical or mental
            examinations, or submit to inspection or audit of the
            practice by a qualified person designated by the
            committee, shall deliver to the member or associate
            member any report it receives from the designated
            qualified person;

                (e) shall determine whether the member or
            associate member is guilty of charges relating to a
            disciplinary matter, and

                    (i) where there is a guilty finding, may
                determine that

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

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

                            (I)  for a fixed period, or

                            (II) for an indefinite period until the
                        occurrence of some specified future event
                        or until compliance with conditions
                        prescribed by the committee,

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

                        (D) the member or associate member
                    undergo such treatment or re-education as the
                    committee considers necessary,

                        (E) such fine as the committee considers
                    appropriate to a maximum of fifteen thousand
                    dollars be paid by the member or associate
                    member to the College for the purpose of
                    funding medical education and research as
                    determined by the Council,

                        (F) the member or associate member be
                    reprimanded, and

                        (G) such other disposition as it considers
                    appropriate be imposed, or

                    (ii)    where there is a not guilty finding, then the
                Committee may dismiss the charges;

                (f) shall file its decision, including reasons, at the
            offices of the College.

            (3) When making dispositions pursuant to clause
(2)(e), the committee may impose one or more of the penalties
which are set out therein, or the committee may make such
other dispositions as it considers appropriate, in accordance
with the objects of this Act.

            (4) The Registrar shall provide the member or
associate member, the complainant and such other persons as
the Registrar considers appropriate with a copy of the decision
of the hearing committee except that, where there are
references identifying patients or other persons other than the
complainant, those references, as well as other personal
information about those persons, shall be deleted where, in the
Registrar's opinion, this is appropriate.

            (5) The decision of a hearing committee has effect
immediately upon service on the member or associate or from
such time as the decision may direct.

            (6) The hearing committee shall release documents
and things put into evidence at a hearing to the person who
produced them, on request, within a reasonable time after the
matter in issue has been finally determined.


                            COSTS

         67 (1) When a hearing committee finds a member or
associate member guilty of charges relating to a disciplinary
matter, it may order that the member or associate member pay
the costs of the Council, in whole or in part.

            (2) When a member or associate member is ordered to
pay costs pursuant to subsection (1), the 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 the Council may fix.

            (3) For the purpose of this Section, "costs of the
Council" include

                (a) expenses incurred by the College, the Council,
            the investigation committee and the hearing committee;

                (b) honoraria paid to members of the investigation
            committee and the hearing committee; and

                (c) solicitor and client costs and disbursements of
            the College relating to the investigation and hearing of
            the complaint.


                            APPEAL

         68 (1) The member or associate member complained
against may appeal on any point of law from the findings of the
hearing committee to the Nova Scotia Court of Appeal.

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

            (3) The record on appeal from the findings of a
hearing committee shall consist of a copy of the transcript of
the proceedings, the decision of the committee, and the evidence
before the hearing committee certified by the chair of the
hearing committee.

            (4) The Civil Procedure Rules, governing appeals from
the Supreme Court of Nova Scotia to the Nova Scotia Court of
Appeal that are not inconsistent with this Act, shall apply
mutatis mutandis to appeals to the Nova Scotia Court of Appeal
pursuant to this Section.

            (5) Where a matter is appealed to the Nova Scotia
Court of Appeal pursuant to this Section, the Nova Scotia Court
of Appeal has jurisdiction to, pending a decision by the Nova
Scotia Court of Appeal, grant a stay of any order made
pursuant to this Act, where in its discretion, it deems it fit.


                        REINSTATEMENT

         69 (1) A person, whose licence or specialist's licence has
been revoked by a resolution of a hearing committee pursuant
to subclause 66(2)(e)(i), may apply to the Council for

                (a) the entering of the person's name, address and
            qualifications on the Medical Register or Defined
            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 the person held a specialist's licence
            at the time of such resolution of the hearing committee.

            (2) An application pursuant to subsection (1) shall not
be made earlier than

                (a) two years after the revocation; and

                (b) six months after the previous application.

            (3) The Council, upon

                (a) being satisfied that the interest of the public
            has been adequately protected;

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

                (c) being satisfied as to the activities of such
            person since the time of the resolution of the hearing
            committee;

                (d) such person producing a letter of good
            standing from all jurisdictions in which the person had
            practised medicine since the date of such resolution of
            the hearing committee; and

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

may direct the Registrar to

                (f) enter the name, address and qualifications of
            such person in the Medical Register or Defined
            Register;

                (g) issue a licence to such person; and

                (h) enter the name, address, qualifications and
            specialties of such person in the Medical Specialists
            Register, and issue a specialist's licence to the person
            in any specialty in which the person held a specialist's
            licence at the time of the resolution of the hearing
            committee pursuant to subsection 62(12),

upon such terms and conditions as the Council may direct.


                       PEER ASSESSMENT

         70 (1) In this Section and in Sections 71 and 80,

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

                (b) "assessment" means an assessment pursuant to
            a peer assessment program established pursuant to
            this Section;

                (c) "assessors" means the assessors appointed by
            the Peer Assessment Committee pursuant to subsection
            (5);

                (d) "Licensing Authorities" means the College, the
            College of Physicians and Surgeons of New Brunswick,
            the College of Physicians and Surgeons of Prince
            Edward Island and the Newfoundland Medical Board,
            or their successors;

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

            (2) The Council shall establish a Peer Assessment
Committee.

            (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.

            (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.

            (5) The Peer Assessment Committee may appoint
members of the College or persons licensed as medical
practitioners in New Brunswick, 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.

            (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.

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

            (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 re-assessments 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.

            (9) Upon completion of an assessment, an assessor
shall report to the Peer Assessment Committee which 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 the member as the
            Committee considers appropriate, and direct the
            member to comply with the recommendations.

            (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.

            (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 a disciplinary
matter, the assessment shall be terminated, the member shall be
advised and the matter shall be referred to the College to be
dealt with as a complaint.

            (12)    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.

            (13)    Nothing in this subsection prevents any other
person from providing evidence of a disciplinary matter
relating to a member.

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


         71 (1) In this Section,

                (a) "legal proceeding" means

                    (i) 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

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

                (b) "witness" means any member or associate
            member or officer or 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.

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

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

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

            (4) Notwithstanding that a witness

                (a) is or has been an assessor 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.

            (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.

            (6) Nothing in subsection (5) 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 the member's assessment.


         72 Sections 48 to 69 and 73 to 82 and all regulations
pursuant to this Act that 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.


                           EVIDENCE

         73 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, is prima facie evidence in any court of that fact
without proof that the person signing it is the Registrar, or of
the Registrar's signature.


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


                           NOTICES

         75 Service of any notice, order, resolution or other
document pursuant to this Act or the regulations may be made

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

            (b) upon any other person by registered letter.


         76 Where service is made by registered letter, service is
deemed to be made on the third day after the notice, order,
resolution or other document is mailed, and proof that the
notice, order, resolution or other document was addressed and
posted in accordance with Section 75 is proof of service.


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


         78 Where a member or associate member has hospital
privileges suspended by a hospital for more than two weeks, the
administrator of that hospital shall report such suspension, as
well as the reasons for suspension, to the Registrar.


                    LIMITATIONS OF ACTIONS

         79 Where

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

            (b) a physician or surgeon entitled to practise
         medicine in the 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, that, if committed by a person of ordinary
experience, learning and skill, would constitute negligence.


         80 (1) No action for damages lies against the Licensing
Authorities, Medical Societies or the Peer Assessment
Committee, the Registrar, the College, an officer or employee
of the Licensing Authorities, Medical Societies, the Peer Assess-
ment Committee or the College, an assessor, a member of a
committee or subcommittee of the Licensing Authorities,
Medical Societies, the Peer Assessment Committee or the
College, or a member of the Council or committee of the
Council, or a member or associate member of the College

                (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, order, or resolution made or
            enforced in good faith under this Act.

            (2) No action lies against any person for the disclosure
of any information, or any document or anything therein
pursuant to this Act unless such disclosure is made with malice.

            (3) Without limiting the generality of subsection (2),
no action for damages lies against a member, associate member
or other person for disclosing any books, records, papers, and
other documents in their possession or control when done
pursuant to this Act, including clause 53(8)(b).


                           GENERAL

         81 (1) Subject to any publication bans, the College shall
publish a hearing committee's decision or summary of the
decision in its annual report and may publish the decision or
summary in any other publication.

            (2) Where the registration, licence, or specialist's
licence, or both, of the member or associate member has been
revoked or suspended or where conditions, limitations or
restrictions are imposed on the license or specialist's licence of
the member or associate member, the College shall place a
notice in such publications as it deems necessary in order to
inform the public.


         82 All regulations made pursuant to this Act are
regulations within the meaning of the Regulations Act.


         83 (1) For greater certainty,

                (a) a complaint made pursuant to the former Act
            shall continue to be proceeded with in accordance with
            this Act as nearly as circumstances permit; and

                (b) in respect of that complaint, an inquiry
            committee appointed pursuant to the former Act is and
            is deemed to be an investigation committee appointed
            pursuant to this Act.

            (2) Nothing in subsection (1) precludes a complaint
made pursuant to the former Act being investigated by an
investigation committee appointed pursuant to this Act and, in
such case, an inquiry committee appointed pursuant to the
former Act ceases to have any jurisdiction respecting that
complaint.


         84 (1) Upon the coming into force of this Act, any matter
pending before a hearing committee appointed pursuant to the
former Act shall, if not set down for a hearing to commence
within sixty days of the coming into force of this Act, be
transferred to a hearing committee appointed pursuant to this
Act for hearing and determination but otherwise shall be heard
and determined by a hearing committee appointed pursuant to
the former Act.

            (2) Notwithstanding subsection (1), the parties may
agree that a matter pending be transferred to a hearing
committee appointed pursuant to this Act.

            (3) A hearing committee appointed pursuant to the
former Act shall be continued until all matters pending before
it at the coming into force of this Act and not transferred to a
hearing committee appointed pursuant to this Act have been
finally decided.


         85 The former Act is repealed.


         86 This Act comes into force on such day as the Governor
in Council orders and declares by proclamation.