Challenging Responses to Changing Times
New Proposals for Occupational Regulation
Table of Contents
Government's role in the economy is becoming
increasingly questioned. In response to growing trends favouring
deregulation, the Government of Newfoundland and Labrador has
carried out an extensive review of all existing regulations to
reduce or eliminate those inhibiting economic development. This
review of the self-governing occupations is part of that process.
Government intervention in the regulation of
occupations is justified as a way to protect the public from
potential harm. As occupations grew and practitioners began to
deliver services in this province statutory frameworks were
established. Unfortunately there has never been a uniform or
comprehensive policy to guide the creation of these frameworks
and, as a result, many inconsistencies now exist.
This White Paper highlights the need to
reconsider these statutory frameworks and the procedures which
they have put in place. Chapter 1 contains
proposals to replace the existing statutory hodgepodge with
rational, comprehensive and consistent practices and procedures. Chapter
2 discusses the process used to determine whether, and
what kind, of regulation might be necessary. This paper proceeds
from the premise that occupations which are already
self-governing should be allowed to operate freely as long as the
public is protected. Chapter 3 suggests changes
to promote public accountability to ensure the public has access
to information about the self-governing occupations. Chapter
4 outlines a new disciplinary model and
proposes the creation of a uniform board to provide an effective
and cost-efficient discipline process for the self-governing
occupations.
Comments on the proposals contained in this
document from both members of the self-governing occupations and
the general public are welcome. Everyone has a stake in the
regulation of these occupational services. This White Paper
offers an opportunity to provide your views regarding the current
state of occupational regulation in this province and to
influence the direction the future regulation of these services
will take. All members of the self-governing occupations and the
public are encouraged to provide written comments by January 31,
1997.
Comments should be forwarded
to:
Deputy Minister
Department of Government Services and Lands
Confederation Building
P. O. Box 8700
St. John's, Newfoundland
A1B 4J6
CHAPTER 1
OCCUPATIONAL REGULATION IN THIS PROVINCE
Occupational regulation exists to protect the
public. Regulation is needed when there is a substantial risk of
harm to consumers if the service is performed improperly. To make
sure quality services are offered to consumers government set
appropriate standards through legislation. In effect, government
is balancing the risk of harm to the public against a desire not
to inhibit economic growth by intervening in a free market.
Government may regulate occupations in different
ways. For example, it may decide to supervise the activity
through establishing a special board or naming a public official
to supervise the occupation; or it may require that those taking
part in an occupation obtain a permit before beginning work.
Allowing an occupation to be self-governing is another way of
regulating.
An advantage of self-government is a reduced
cost to taxpayers because expenses of regulation are borne by the
occupation and recovered from practitioners. Self-governance also
allows the members of an occupation to assume responsibility for
their own activities. As well as extending a level of
independence and prestige to an occupation, self-governance also
extends privileges to individual practitioners, such as the
ability to establish an independent fee structure for their
services.
When authority is granted to establish some form
of self-governance several powers have traditionally been
included: the right to set practice standards and admit qualified
practitioners and the right to discipline existing members. These
powers must be exercised with great care given that
self-governance contains a potential conflict of interest. The
potential conflict arises because the occupation is regulated by
a body composed for the most part of its own members, yet has the
statutory duty of protecting the public. The conflict is between
the public interest and the self-interest of the occupation
itself.
Self-governing occupations usually have a
governing council or licensing board which oversees the
occupation's activities. In addition, standing committees are
appointed, e.g., discipline. This board or council has
traditionally been made up of practitioners elected from the
membership, although outside, lay representatives have also been
named to that body. Interest in involving non-members of the
occupation in the governing body has increased in recent years.
All members of the board or council, whether lay members or
practitioners, are required to serve the public interest.
SELF-GOVERNANCE TODAY
In Newfoundland and Labrador 29 statutes exist
to regulate 27 self-governing occupations. Self-governance was
first granted to the Law Society of Newfoundland in 1834 and has
since been extended, in various forms, to a range of occupations.
Some occupations are regulated by more than one statute while
others have a limited form of self-governance. Appendix A
lists these self-governing occupations and their applicable
legislation.
Newfoundland and Labrador has no policy
guidelines to apply to occupations seeking self-governance. There
is no established procedure to assess requests for
self-governance and no criteria to assess whether self-governance
should be granted. Ministerial responsibility is shared between
seven departments, with Health and Government Services and Lands
having the largest portions. From a public perspective the lack
of uniformity in the complaint process and the confusion it
creates for complainants is a major problem created by the
variety of statutes governing the occupations. Appendix B
outlines the occupations considered to be self-governing and the
government department to which they are responsible.
WHY REVIEW IS NEEDED
There is a need to re-examine the system which
was intended to protect the public but which is arguably not
doing this today. Government hopes that this White Paper will
provide an opportunity for all concerned parties to review these
issues and resolve the problems that have been identified. These
problems include:
Lay representatives are an especially important
aspect of public accountability.
Such representatives are in a unique position to
present the views of the non-practitioner to the governing or
licensing body. They may be drawn from consumers, from the
general public, or from members of related but separate
occupations. Government takes the position that the principles of
gender equity must be followed in the appointment of these lay
representatives. Presently the vast majority of the 27
self-governing occupations have the statutory authority to
appoint lay representatives as shown in Appendix C.
Although many have been appointing such representatives in recent
years, government believes this practice should extend to all the
self-governing occupations.
CHAPTER 2
REGULATING NEW OCCUPATIONS
Although occupations change in time fundamental
issues remain the same. New occupations have emerged, especially
in the health care field, and have sought self-governance.
Government must be satisfied self-governance is likely to prevent
harm.. There is no established process to evaluate the merits of
a request for self-governance. To fill this gap government has
developed policy applying to future requests for self-governing
status.
Any proposal to extend self-governance will be
reviewed to make certain the public is protected. Government must
be satisfied that an occupation is willing and has the resources
necessary to do this. At the same time the province also wants to
be fair to new occupations seeking self-governance. Government
believes the proposals put forth will do this by giving equal
access to government, providing occupations with the assessment
standards, and creating a process easily understood. Written
submissions requesting self-governing status will be evaluated
against the proposed standards by the department responsible for
that occupation. The criteria for self-governance are listed in Appendix
D.
DECIDING TO REGULATE
The basic three-step process is set out in the
adjacent flow chart. A reason to consider regulation or
self-government for an occupation must first exist. Government
must then decide if regulation is necessary for public safety
and, if it is, determine which form of regulation could best
protect the public.
FLOW CHART
PROCESSES FOR DETERMINING WHETHER
REGULATION IS INDICATED
Step One:
The process may be commenced in a number of
ways. A group seeking regulation may approach government, for
example, or an issue may arise in the public domain requiring a
review of self-government. The issue could also be identified
within the public service and require a response by government.
Step Two:
In step two several threshold questions must be
answered.
Is there a risk of harm to the public?
Government must be shown there is a threat to
public health or a detriment to the economy.
When can intervention be justified?
Intervention is justified on the basis of
protecting the public. The requirements in place to protect the
public will be reviewed to establish whether they are sufficient
to minimize the risk of harm to the public.
Does the benefit outweigh the cost of
intervention?
A cost/benefit analysis must be used to consider
the effect on the public at large, government itself, and
consumers. Once government is satisfied that intervention is
required the next phase can begin.
Step Three:
In step three the structure of regulation must
be considered. Factors to use in deciding which structure to
select include the risk of harm to the public, the nature of the
service delivered, and the qualifications of practitioners.
Occupations must understand that self-governance will not be
extended lightly but, rather, is a privilege carrying great
responsibility. The government will consider extending
self-governance only when the criteria are satisfactorily met.
Once the department completes its analysis, if it finds
self-governance is indicated Cabinet will assess the
recommendation and review its implications before final decisions
are made.
CRITERIA FOR
SELF-GOVERNANCE
(Highlights)
Assumptions:
The Nature of Self-Governance: An
Inherent Conflict:
Acceptance of Responsibility:
The Occupational Body (the
"Proponent")
Ability to Discharge Public
Protection Responsibilities
Willingness to act in the public
interest
Public Accountability
Standards
CHAPTER 3
IMPROVING PUBLIC ACCOUNTABILITY
Policy development in the area of occupational
regulation is long overdue. There is a need to eliminate
inconsistencies in the statutes permitting self-governance and to
introduce uniform and enforceable measures for public
accountability. Government proposes that this policy be applied
to new and existing occupations to ensure these goals are met.
There is no plan to establish a central office
to co-ordinate and monitor self-governing bodies. A single policy
which is consistently applied throughout government ought to be
able to do this without creating another administrative
structure. A policy promoting consistency, equal access, and
fairness and implemented by the public service is able to meet
these objectives without further cost to the taxpayer.
SELF-GOVERNING REGIMES
The consensus emerging across Canada today
discourages granting an exclusive right to deliver a service to
members of a certain group. Granting an exclusive right to
deliver a service creates a monopoly. This is not desirable from
a consumer's perspective. Government is reluctant to create
further monopolies through establishing exclusive practice areas
unless it is convinced this is absolutely necessary for public
protection.
For now government would prefer a process of certification
or title protection when the need for regulation of an
occupation has been determined. Protecting a title ensures that
practitioners are trained and qualified in that field. This will
be sufficient in most instances to minimize the risk of harm and
is a less intrusive foray into the marketplace. Unless there is a
serious risk of harm government intends to use a certification
process, with title protection, rather than allow further
exclusive scopes of practice.
PROTECTING PUBLIC INTERESTS
Self-governing occupations are required by law
to protect the public interest. Public trust in the occupation
and the discipline process is essential to self-governance.
Government believes the most effective way of achieving trust and
eliminating the potential conflict of interest is to separate the
governing council and licensing function from the association
function. This will be done by requiring that the association
incorporate and register under the provincial Corporations
Act. This would make information regarding the
organizational structure conveniently available to the public.
Currently, there is little clarity as to what ought be contained
in by-laws and regulations. The former relate to internal matters
of the association.
A public statute would provide for the public
functions, such as the qualifications for entry. Regulations made
under the statute ought to be matters which are concerned with
protection of the public. These regulations ought to be deemed
subordinate legislation and therefore published in the
Newfoundland Gazette.
Government has also proposed several measures to
strengthen public accountability of the profession. These include
the following:
Uniform procedures to make sure that the
accountability process is working and is perceived to be working
are critical when occupations are self-regulating. Government
believes public accountability is an essential part of
self-governance. These reforms are designed to enhance this
accountability by increasing the role played by the public in
occupational regulation.
CHAPTER 4
NEW DISCIPLINARY PROCEDURES
The ability of a governing body to discipline
for incompetence or unethical behaviour is the ultimate power to
maintain control over the membership of an occupation. Discipline
is a means to gain compliance with practice standards set down in
a Code of Ethics for an occupation. Appearing before peers for
unethical or unprofessional conduct is a significant deterrent
for practitioners and protection for the public. Moreover, if a
practitioner is found to have committed such acts the sanctions
imposed, such as suspension or expulsion, could result in
humiliation or economic hardship for a practitioner.
PROBLEMS OF INCONSISTENCY
Disciplinary procedures in Newfoundland's
self-governing occupations contain at least five different
processes as noted in Appendix E. Many procedures are
stated generally and specific steps are not clearly outlined.
This problem exists because the regimes were established at
different periods and reflected the standards of that era.
These inconsistencies are a problem for members
of the public and for the practitioners of an occupation. For
members of the public there is no single disciplinary process and
no one source outlining the process to be followed. The rights of
complainants and the means to exercise these rights are unclear.
For practitioners there has to be a way to control members who
are not adhering to appropriate ethical standards and
consequently exposing all members to significant liability. For
both purposes an effective disciplinary process is essential if
self-government is to operate smoothly and efficiently. The
passage of the Canadian Charter of Rights and Freedoms
on April 17, 1982 has only heightened the need for an effective
disciplinary process.
POLICY CONSIDERATIONS
Many Canadian studies have reviewed public
policy surrounding self-governing professions. Those studies have
recommended that complaints investigation be separated from
disciplinary hearings; that issues of bias be addressed; and that
fair and efficient methods for review and appeal of disciplinary
decisions be put in place.
Currently there is a trend across Canada to
review disciplinary procedures in relation to their original
objectives. Government is determined to keep pace with these
reforms in other jurisdictions and to ensure the laws in
Newfoundland and Labrador meet their original, public protection,
objectives.
The province's proposals will enhance public
protection and increase accountability without imposing
significant additional expenses on the occupation. The
appointment of lay representatives to the governing council and
discipline body and the requirement of open discipline hearings
gives the public much better access to an occupation's
operations. Filing an annual report and a list of members and the
disciplinary actions taken in a public place, the Registry of
Companies, makes the material they contain more accessible. The
discipline rules published as subordinate legislation enhances
public accountability. Changes to the discipline procedure itself
which require a report on the status of a complaint be given to a
complainant are important. As well, the available remedies for
improper actions will be increased from the traditional ones of
either revoking or suspending a practitioner's certification to
practice. There will be more flexibility to impose a sanction
which fits the circumstances.
In general terms the principle of openness will
apply to the new disciplinary model. Government believes this is
necessary if the goal of public accountability is to be taken
seriously. The self-regulating occupations ought to be able to
satisfy these standards which seek to balance the public's right
to know with personal privacy. The flow chart on the accompanying
page illustrates how the discipline procedure will work.
How the uniform disciplinary procedure works
The proposed uniform model of disciplinary
procedure is complaint-driven. The complaint may come from a
client or from fellow members of the occupation. Generally
complaints will be made in writing to the registrar or the
governing body of the occupation. Members of the public who need
special help in compiling their complaint form should be given
this assistance.
Conduct and Complaints Committee
After a complaint has been filed the registrar
will refer the complaint to a standing Conduct and Complaints
Committee. This committee has the power to review and either
accept or reject complaints but its decisions can be reviewed by
the governing body. Before the committee decision is made the
practitioner will be told of the complaint and given a chance to
respond. The committee will be made up of practitioners and lay
representatives in a two-thirds to one-third ratio.
Investigation
If there is a potential for disciplinary action
when a complaint is accepted the Conducts and Complaints
Committee will refer the matter to an investigation team
consisting of the registrar and another designated member. When a
report is received the committee will then decide whether to
dismiss the complaint at this stage, refer the matter to
mediation between the parties, or refer the matter to a second
standing committee, the Discipline Committee. Uniform Disciplinary Procedure and Uniform
Diciplinary Board
Hearing
The Discipline Committee will conduct a hearing in accordance
with established legal principles embodied in the rules of
natural justice. The powers available through the Public
Inquiries Act would apply to members. The panel will be
comprised of practitioners and a lay representative. These rules
will include the right of the practitioner to know full details
of the accusation; the right of the complainant to have an
opportunity to state a case; and the duty of the tribunal to act
in good faith. Disclosure of material to the complainant is also
required unless the privacy of third parties is jeopardized.
Imposing a Sanction
Upon a finding of misconduct, the discipline panel will not be
limited to suspension or revocation of a certificate of practice.
Rather the sanction could involve a range of sanctions (e.g.,
suspension of practice for a defined period, undertaking
continuing education, waiving fees for service rendered which was
the subject of the complaint). The ability for the occupation to
recover costs associated with the disciplinary process upon a
finding of misconduct is one which is not now available to all
groups. This ought to be rectified.
Appeal
Complainants have the right to be represented by counsel and a
right to appeal a decision directly to the Newfoundland Supreme
Court of Appeal. The practitioner and the governing body also
have this right of appeal.
UNIFORM DISCIPLINARY BOARD
An essential element in the new disciplinary procedure is the
establishment of a uniform disciplinary board. This is a
significant step because it continues to grant occupations the
ability to Uniform Disciplinary
Procedure discipline their own members, while at the same
time it resolves the problems identified above in the present
occupational discipline process.
Government believes this model will work. It will leave the
responsibility for conducting investigations and reviews with the
self-governing occupation. At the same time, it answers the need
for public accountability while allowing participation by the
occupation. Setting up the board will provide a consistent
approach to discipline issues. Smaller occupations would have
access to this board and be subject to its decisions to the same
extent as larger occupations. This would save money and time for
these smaller occupations because they would not have to create a
special disciplinary framework, while it would not cost larger
occupations any additional funds because they already have
expenses associated with a disciplinary procedure. Government
believes that the operation of the board would result in lowered
costs because occupations would only use the service when they
needed to do so. Because of the volume of work undertaken by the
board a body of expertise in occupational discipline, including Charter
concerns, would also be created.
OPERATING THE BOARD
Government expects the board to operate in a relatively
straightforward manner as outlined in the accompanying flow
chart. The Conduct and Complaints Committee of an occupation
would refer a case to the board after deciding that a hearing is
required. The committee would ask for a hearing and would
identify two members, one lay and one practitioner, to serve on
the discipline panel. These nominees would represent the
occupation on the discipline panel which would be chaired by a
government-appointed Commissioner. Commission staff will ensure
the hearing is conducted in accordance with the uniform
disciplinary procedure.
Government proposes that the board would operate independent
of the occupations but be funded by all the self-governing
bodies. The Commissioner would be reimbursed for expenses. The
cost of disciplinary hearings would be paid by the occupation
which sought the services of the board. Consequently occupations
would be conscious of these expenses and seek to limit them by
promoting ethical and professional standards among their members
and avoid the need for costly hearings.
In the end government believes that the public and the
occupations can benefit from the creation of a uniform
disciplinary code. There is increasing pressure on the
self-governing occupations to involve the public in disciplinary
matters. Although some additional cost will be involved because
of this process, the province believes the issue is important and
must be pursued. Establishing the uniform disciplinary board will
require the co-operation of the self-governing occupations.
Government believes this board is the best solution to the
problems posed by disciplinary concerns within those occupations.
Self-governing occupations are encouraged to examine the
proposals contained in this White Paper and to participate in
public consultations on them. Changing times demand challenging
responses.
APPENDICES
APPENDIX A
SELF-GOVERNING OCCUPATIONS
LEGISLATION OF NEWFOUNDLAND AND LABRADOR
1. Agrologists Act, RSN 1990, c.A-7
2. Architects Act, RSN 1990, c.A-15
3. Certified General Accountants, RSN
1990, c.C-6
4. Chartered Accountants Act, RSN 1990,
c.C-9; am. SN 1995, c.A-5.1 (not in force)
5. Chiropractors Act, RSN 1990, c.C-14;
am. SN 1993, c.47
6. Dental Act, RSN 1990, c.D-6
7. Denturists Act, RSN 1990, c.D-7
8. Dieticians Act, RSN 1990, c.D-23
9. Dispensing Opticians Act, RSN 1990,
c.D-25
10. Embalmers and Funeral Directors Act,
RSN 1990, c.E-7
11. Engineers and Geoscientists Act, RSN
1990, c.E-12
12. Hearing Aid Dealers Act, RSN 1990,
c.H-2; am. SN 1991, c.24
13. Land Surveyors 1991 Act, SN 1991,
c.L-6
14. Law Society Act, RSN 1990, c.L-9; am.
SN 1991, c.11; SN 1993, c.25
15. Management Accountants Act, RSN 1990,
c.M-1
16. Medical Act, RSN 1990, c.M-4; SN
1992, c.34
17. Midwifery Act, RSN 1990, c.M-11
18. Nursing Assistants Act, RSN 1990,
c.N-6; am. SN 1993, c.48
19. Occupational Therapists Act, RSN
1990, c.O-4
20. Optometry Act, RSN 1990, c.0-7; am.
SN 1991, c.25
21. Pharmaceutical Association Act,1994, SN
1994, c.P-12.1
22. Physiotherapy Act, RSN 1990, c.P-13
23. Psychologists Act, RSN 1990, c.P-34
24. Public Accountancy Act, RSN 1990,
c.P-35, am. SN 1996, c.12, am. SN 1996 c.14
25. Registered Nurses Act, RSN 1990,
c.R-9; am. SN 1992, c.28
26. Social Workers' Association Act, SN
1992, c.S-18.1
27. Veterinary Medical Act, RSN 1990,
c.V-4
APPENDIX B
SELF-GOVERNING OCCUPATIONS
IN NEWFOUNDLAND AND LABRADOR
REPORTING RESPONSIBILITY
1. Agrologists (Forest Resources and Agrifoods)
2. Architects (Government Services and Lands)
3. Certified General Accountants (Government
Services and Lands)
4. Chartered Accountants (Government Services and
Lands)
5. Chiropractors (Health)
6. Dentists (Health)
7. Denturists (Health)
8. Dieticians (Health)
9. Dispensing Opticians (Health)
10. Embalmers & Funeral Directors (Health)
11. Engineers & Geoscientists (Government
Services and Lands)
12. Hearing Aid Dealers (Health)
13. Land Surveyors (Government Services &
Lands)
14. Lawyers (Justice)
15. Management Accountants (Government Services
& Lands)
16. Midwives (Health)
17. Nursing Assistants (Health)
18. Occupational Therapists (Health)
19. Optometrists (Health)
20. Pharmacists (Health)
21. Physicians (Health)
22. Physiotherapists (Health)
23. Psychologists (Health)
24. Public Accountants ( Government Services &
Lands)
25. Registered Nurses (Health)
26. Social Workers (Social Services)
27. Veterinarians (Forest Resources and Agrifoods)
APPENDIX C
LAY REPRESENTATIVES
STATUTES OF NEWFOUNDLAND AND LABRADOR
Provisions Authorizing Appointments of Lay
Representatives (Regulated Occupations)
Occupations Reps. Authorized
Agrologists 0
Architects 0
Certified Public Accountants 0 (merged with the
Chartered Accountants)
Dieticians
Management Accountants 0 (if lay representatives,
authorized by by-laws)
Midwifery Act (currently, Board not constituted) 0
Physiotherapists 0
Veterinarians 0
Chartered Accountants 1 (has one representative
authorized by by-laws)
Dental Act 1
Dispensing Opticians 1
Engineers and Geoscientists 1
Hearing Aid Dealers 1
Registered Nursing Assistants 1
Occupational Therapists 1
Optometrists 1
Psychologists 1
Social Workers 1
Chiropractors 2
Lawyers 2
Physicians 2
Certified General Accountants 3
Denturists 3
Embalmers and Funeral Directors 3
Pharmacists 3
Public Accountants 3
APPENDIX D
CRITERIA FOR SELF-GOVERNANCE
Self-governance is the result of the delegation of
authority by Government to an occupation to regulate practice of
a service and its practitioners. The extension of the status is
not given lightly by Government. The privilege of self-governance
is accompanied by responsibilities. The occupation is accountable
for the powers which have been bestowed by Government to benefit
the public interest. Those occupations awarded self-governance
will be those whose services conform to Levels II or III of the
Flow Chart at page 8 of Chapter 2.
Assumptions:
The Nature of Self-Governance: An
Inherent Conflict:
Separation of Functions:
Acceptance of Responsibility:
The Occupational Body (the
"Proponent")
Ability to Discharge Public Protection
Responsibilities
Willingness to act in the public
interest
Public Accountability
Principle of Openness
Standards
APPENDIX E
Categorization of
Disciplinary Procedures in the Statute Law
of
Newfoundland and Labrador
It is difficult to categorize the variations in
the statutes regulating the occupations, however, there are broad
classifications which can be made upon reviewing the statutes
extending self-governance.
Category A
The Governing Council is responsible for the
investigation, hearing and decision-making with respect to a
complaint received relating to a practitioner. The Council then
has the power to impose a sanction. This is the nature of the
disciplinary process authorized by the following:
Category B
The Licensing Board is responsible for
investigation, hearing and decision-making as well as the
imposition of a sanction. The statutes with this type of
procedure are:
- Denturists Act, R.S.N. 1990, c. D-7
Dispensing Opticians Act, R.S.N. 1990, c. D-25
Embalmers and Funeral Directors Act, R.S.N. 1990, c.
E-7
Medical Act, R.S.N.1990, c. M-4, am. S.N. 192, c. 34
Optometry Act, R.S.N. 1990, c. O-4
Psychologists Act, R.S.N. 1990, c. P-34
Public Accountancy Act, R.S.N. 1990, c. P-35
Veterinary Medicine Act, R.S.N. 1990, c. V-4
Category C
A complaint is referred to a disciplinary body for
investigation and a recommendation to Council which makes the
final decision and imposes a sanction.
- Certified General Accountants Act, R.S.N.
1990, c. C-6
(specifics of the process are not outlined in the Act)
Chiropractors Act, R.S.N. 1990, c. C-14
Dental Act, R.S.N. 1990, c. D-6
Hearing Aid Dealers Act, R.S.N. 1990, c. H-2, am.
S.N. 1991, c. 24
Law Society Act, R.S.N. 1990, c. L-9, am. S.N. 1991,
c. 11
Nursing Assistants Act, R.S.N. 1990, c. N-6, am. S.N.
1993, c. 48
Occupational Therapists Act, R.S.N. 1990, c. O-4
Pharmaceutical Act, S.N. 1994, c. P-12.1
Category D
The complaint is referred to mediation and if
there is no settlement, referred to a discipline committee. The
discipline committee conducts a hearing and reports to the
Council its findings and offers recommendations. The final
determination and imposition of a sanction is the responsibility
of the Council.
Land Surveyors Act, S.N. 1991, c. 37
Social Workers Act, S.N. 1993, c. S-18.1
A variation of this procedure is found in the Engineers
and Geoscientists Act, R.S.N. 1990, c. E-12 in which the
Discipline Committee may make the final determination and impose
a sanction on the practitioner.
Category E Other
variations
A Board appointed by Government which is composed
of officials and representatives of interested organizations
hears the matter and may impose a suspension or cancellation of
the practitioner's right to practice.
The Management Accountants Act, R.S.N. 1990,
c. M-1 does not authorize a disciplinary process although it
is evident by Section 17 of the Act, there is a process
contemplated.