Acts and Regulations

M-11.5 - Midwifery Act

Section 47
Disposition versions

Full text
Examination of member
47(1)Where the Complaints Committee has reasonable grounds to believe that a member who is the subject of an investigation is incapacitated, the committee may require the member to submit to physical or mental examinations or both by one or more qualified persons selected by the committee and, subject to subsection (3), may make an order directing the Registrar to suspend the member’s registration until the member submits to the examinations.
47(2)Where the Complaints Committee has reasonable grounds to believe that a member who is the subject of an investigation is incompetent, the committee may require the member to submit to such examinations as the committee may require in order to determine whether the member has adequate skill and knowledge to practise in the profession and, subject to subsection (3), may make an order directing the Registrar to suspend the member’s registration until the member submits to the examinations.
47(3)No order shall be made by the Complaints Committee under subsection (1) or (2) with respect to a member unless the member has been given
(a) notice of the intention of the committee to make the order, and
(b) at least 10 days to make a written submission to the committee after receiving the notice.
47(4)Any person who conducts an examination under this section shall prepare and sign an examination report containing his or her findings and the facts on which they are based and shall deliver the report to the Complaints Committee.
47(5)The Complaints Committee shall without delay deliver a copy of the examination report to the member who is the subject of the investigation.
47(6)A report prepared and signed by a person under subsection (4) is admissible as evidence at a hearing without proof of its making or of the person’s signature if the party introducing the report gives the other party a copy of the report at least 10 days before the hearing.
47(7)The Complaints Committee, at any time after requiring a member to submit to examinations under this section, may refer the matter of the member’s alleged incapacity or incompetence to the Discipline Committee.
47(8)A member who fails to submit to an examination under subsection (1) or (2) commits an act of professional misconduct.
Examination of member
47(1)Where the Complaints Committee has reasonable grounds to believe that a member who is the subject of an investigation is incapacitated, the committee may require the member to submit to physical or mental examinations or both by one or more qualified persons selected by the committee and, subject to subsection (3), may make an order directing the Registrar to suspend the member’s registration until the member submits to the examinations.
47(2)Where the Complaints Committee has reasonable grounds to believe that a member who is the subject of an investigation is incompetent, the committee may require the member to submit to such examinations as the committee may require in order to determine whether the member has adequate skill and knowledge to practise in the profession and, subject to subsection (3), may make an order directing the Registrar to suspend the member’s registration until the member submits to the examinations.
47(3)No order shall be made by the Complaints Committee under subsection (1) or (2) with respect to a member unless the member has been given
(a) notice of the intention of the committee to make the order, and
(b) at least 10 days to make a written submission to the committee after receiving the notice.
47(4)Any person who conducts an examination under this section shall prepare and sign an examination report containing his or her findings and the facts on which they are based and shall deliver the report to the Complaints Committee.
47(5)The Complaints Committee shall without delay deliver a copy of the examination report to the member who is the subject of the investigation.
47(6)A report prepared and signed by a person under subsection (4) is admissible as evidence at a hearing without proof of its making or of the person’s signature if the party introducing the report gives the other party a copy of the report at least 10 days before the hearing.
47(7)The Complaints Committee, at any time after requiring a member to submit to examinations under this section, may refer the matter of the member’s alleged incapacity or incompetence to the Discipline Committee.
47(8)A member who fails to submit to an examination under subsection (1) or (2) commits an act of professional misconduct.