Acts and Regulations

M-11.5 - Midwifery Act

Section 49
Disposition versions

Full text
Interim order by Complaints Committee
49(1)Where the Complaints Committee refers an allegation to the Discipline Committee and where the Complaints Committee considers the action necessary to protect the public pending the conduct and completion of proceedings before the Discipline Committee in respect of a member, the Complaints Committee may, subject to subsection (2), make an interim order
(a) directing the Registrar to impose specified restrictions on the member’s registration, or
(b) directing the Registrar to suspend the member’s registration.
49(2)Where an order is made by the Complaints Committee under subsection (1), the committee shall notify the member of its decision in writing and of the reasons for the decision and the member shall be given an opportunity to make representation to the committee in respect of the matter.
49(3)Where a member makes representation under subsection (2), the Complaints Committee may
(a) confirm its order under subsection (1), or
(b) remove the restrictions imposed on, or lift the suspension of, the member’s registration.
49(4)An order made under subsection (1) continues in force until the matter is disposed of by the Discipline Committee or by the Complaints Committee under paragraph (3)(b), unless the order is stayed pursuant to an application under subsection (5).
49(5)A member against whom action is taken under subsection (1) may apply to The Court of King’s Bench of New Brunswick for an order staying the action of the Complaints Committee.
49(6)If an order is made under subsection (1) by the Complaints Committee in relation to a matter referred to the Discipline Committee, the Discipline Committee shall act expeditiously in relation to the matter.
2023, c.17, s.157
Interim order by Complaints Committee
49(1)Where the Complaints Committee refers an allegation to the Discipline Committee and where the Complaints Committee considers the action necessary to protect the public pending the conduct and completion of proceedings before the Discipline Committee in respect of a member, the Complaints Committee may, subject to subsection (2), make an interim order
(a) directing the Registrar to impose specified restrictions on the member’s registration, or
(b) directing the Registrar to suspend the member’s registration.
49(2)Where an order is made by the Complaints Committee under subsection (1), the committee shall notify the member of its decision in writing and of the reasons for the decision and the member shall be given an opportunity to make representation to the committee in respect of the matter.
49(3)Where a member makes representation under subsection (2), the Complaints Committee may
(a) confirm its order under subsection (1), or
(b) remove the restrictions imposed on, or lift the suspension of, the member’s registration.
49(4)An order made under subsection (1) continues in force until the matter is disposed of by the Discipline Committee or by the Complaints Committee under paragraph (3)(b), unless the order is stayed pursuant to an application under subsection (5).
49(5)A member against whom action is taken under subsection (1) may apply to The Court of Queen’s Bench of New Brunswick for an order staying the action of the Complaints Committee.
49(6)If an order is made under subsection (1) by the Complaints Committee in relation to a matter referred to the Discipline Committee, the Discipline Committee shall act expeditiously in relation to the matter.
Interim order by Complaints Committee
49(1)Where the Complaints Committee refers an allegation to the Discipline Committee and where the Complaints Committee considers the action necessary to protect the public pending the conduct and completion of proceedings before the Discipline Committee in respect of a member, the Complaints Committee may, subject to subsection (2), make an interim order
(a) directing the Registrar to impose specified restrictions on the member’s registration, or
(b) directing the Registrar to suspend the member’s registration.
49(2)Where an order is made by the Complaints Committee under subsection (1), the committee shall notify the member of its decision in writing and of the reasons for the decision and the member shall be given an opportunity to make representation to the committee in respect of the matter.
49(3)Where a member makes representation under subsection (2), the Complaints Committee may
(a) confirm its order under subsection (1), or
(b) remove the restrictions imposed on, or lift the suspension of, the member’s registration.
49(4)An order made under subsection (1) continues in force until the matter is disposed of by the Discipline Committee or by the Complaints Committee under paragraph (3)(b), unless the order is stayed pursuant to an application under subsection (5).
49(5)A member against whom action is taken under subsection (1) may apply to The Court of Queen’s Bench of New Brunswick for an order staying the action of the Complaints Committee.
49(6)If an order is made under subsection (1) by the Complaints Committee in relation to a matter referred to the Discipline Committee, the Discipline Committee shall act expeditiously in relation to the matter.