Medical Profession Act
Consolidated act- Citation
- S.N.W.T. 2010, c.6
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by An Act to Amend the Medical Profession Act
- s.17 amended by An Act to Amend the Medical Profession Act
- s.25 amended by An Act to Amend the Medical Profession Act
- s.27 amended by An Act to Amend the Medical Profession Act
- s.31.1 amended by An Act to Amend the Medical Profession Act
- s.31.2 amended by An Act to Amend the Medical Profession Act
- s.31.3 amended by An Act to Amend the Medical Profession Act
- s.34 amended by An Act to Amend the Medical Profession Act
- s.35 amended by An Act to Amend the Medical Profession Act
- s.81 amended by An Act to Amend the Medical Profession Act
- s.82 amended by An Act to Amend the Veterinary Profession Act
- s.82 amended by Naturopathic Profession Statutes Amendment Act
- s.82 amended by An Act to Amend the Medical Profession Act
- s.83 amended by An Act to Amend the Medical Profession Act
- s.90 amended by Naturopathic Profession Statutes Amendment Act
- s.90 amended by Health and Social Services Professions Act
- s.94 amended by An Act to Amend the Medical Profession Act
- s.98 amended by R.S.N.W.T. 1988, c.M-9, is repealed
- s.1 Nursing Profession Act
- s.27 Public Health Act
- s.51 Pharmacy Act
- s.79 Public Service Act
- s.82 Dental Profession Act
- s.90 Dental Profession Act
- s.90 Midwifery Profession Act
- s.90 Nursing Profession Act
- s.90 Pharmacy Act
- s.90 Health and Social Services Professions Act
- s.90 Health and Social Services Professions Act
- s.91 Pharmacy Act
- s.91 Veterinary Profession Act
- s.96 Ophthalmic Medical Assistants Act
- s.97 Pharmacy Act
- Coroners Act, s.1 → #sec_1
- Driver's Licence Regulations, s.1 → #sec_1
- Early Learning and Child Care Regulations, s.1
- Employment Standards Regulations, s.3.1
- Evidence Act, s.13
- Evidence Act, s.13
- Evidence Act, s.15
- Health and Social Services Professions Act, s.71 → #sec_90
- Hospital and Health Care Facility Standards Regulations, s.1 → #sec_1
- Medical Care Act, s.15
- Medical Profession Regulations, s.2 → #sec_14__subsec_3__para_b
- Medical Profession Regulations, s.3 → #sec_27
- Medical Profession Regulations, s.4.01 → #sec_27
- Medical Profession Regulations, s.4.01 → #sec_27
- Medical Profession Regulations, s.4.01 → #sec_27
- Medical Profession Regulations, s.4.01 → #sec_27
- Medical Profession Regulations, s.4.01 → #sec_27
- Medical Profession Regulations, s.4.01 → #sec_27
- Medical Profession Regulations, s.5.1 → #sec_43__subsec_1__para_l
- Mental Health Act, s.1
- Mental Health Act, s.1
- Midwifery Profession Act, s.50
- Motor Vehicles Act, s.65.4 → #sec_1
- Nursing Profession Act, s.106
- Occupational Health and Safety Regulations, s.1 → #sec_1
- Occupational Health and Safety Regulations, s.463 → #sec_1
- Ophthalmic Medical Assistants Act, s.1
- Ophthalmic Medical Assistants Act, s.17 → #sec_90
- Ophthalmic Medical Assistants Act, s.17
- Pharmacy Act, s.20 → #sec_1
- Public Health Act, s.1 → #sec_1
- Public Health Act, s.4 → #sec_1
- Public Health Act, s.33
- Rules of the Supreme Court of the Northwest Territories - Part One, s.278.1
- Vital Statistics Act, s.1 → #sec_1
- Vital Statistics Regulations, s.3.1 → #sec_1
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.In this Act,
"approved form", in respect of an application to the Committee, means a form approved by the Committee and, in respect of an application to the Registrar, means a form approved by the Registrar; (formule approuvée)
"Board of Inquiry" means the Board of Inquiry established under subsection 64(1); (comité d’enquête)
"Committee" means the Medical Registration Committee continued by subsection 2(1); (comité)
"complainant" means a person who files a complaint under subsection 45(1), or the Complaints Officer, in respect of a complaint filed by him or her under subsection 45(2); (plaignant)
"Complaints Officer" means the Complaints Officer appointed under subsection 44(1); (préposé aux plaintes)
"Deputy Complaints Officer" means a Deputy Complaints Officer appointed under subsection 44(2); (adjoint du préposé aux plaintes)
"Education Register" means the Education Register referred to in section 8; (registre des étudiants)
"facilitator" means a person appointed under subsection 53(1) to conduct an alternative dispute resolution process in respect of a complaint; (facilitateur)
"graduate of a medical school" means a person who has graduated from a medical school and who is registered in the Education Register as a graduate of a medical school; (diplômé d’une école de médecine)
"hold", in respect of a licence or temporary permit, means to hold a licence or temporary permit
(a) that is not suspended or cancelled and that has not expired, and
(b) in respect of which no fees are outstanding for the year in which the licence or temporary permit is issued or renewed; (être titulaire)
"investigator" means a person appointed under subsection 59(1) to investigate a complaint; (enquêteur)
"licence" means a licence to practice medicine as a general or family practitioner, issued to a person registered in Part One of the Medical Register, or a licence to practice medicine as a specialist, issued to a person registered in Part Two of the Medical Register; (licence)
"medical practitioner" means a person who
(a) holds a licence or temporary permit, or
(b) is entitled to practice virtual care under section 31.1 or 31.2; (médecin)
"medical practitioner in a province" means a person who is entitled to practice medicine under the laws of a province; (médecin dans une province)
"medical practitioner in a province or another territory" means a person who is entitled to practice medicine under the laws of a province or another territory; (médecin dans une province ou un autre territoire)
"Medical Register" means the Medical Register referred to in section 6; (registre des médecins)
"nurse practitioner" means a nurse practitioner as defined in section 1 of the Nursing Profession Act; (infirmière praticienne ou infirmier praticien)
"NWTMA" means the Northwest Territories Medical Association; (AMTNO)
"practice medicine" means to offer or undertake by any means or method to diagnose, treat, operate or prescribe for any human disease, pain, injury, disability or physical condition, or to hold oneself out as being able to diagnose, treat, operate or prescribe for any human disease, pain, injury, disability or physical condition; (exercer la médecine)
"Registrar" means the Registrar appointed under section 5; (registraire)
"respondent" means a person who is the subject of a complaint filed under subsection 45(1) or (2); (intimé) "Review Officer" means the person appointed or the body designated as the Review Officer under subsection 31(1); (agent d’examen)
"temporary permit" means a temporary permit to practice medicine as a general or family practitioner, or a temporary permit to practice medicine as a specialist, issued to a person registered in the Temporary Register; (permis temporaire)
"Temporary Register" means the Temporary Register referred to in section 7; (registre temporaire)
"undergraduate student" means an undergraduate student of a medical school who is registered in the Education Register as an undergraduate student; (étudiant de premier cycle)
"virtual care" means practicing medicine through electronic communication where the medical practitioner and the patient are not in the same location. (soins virtuels) SNWT 2022,c.9,s.2.
PART 1
REGISTRATION
Medical Registration Committee
Committee continued
2.(1) The Medical Registration Committee is continued.
(2) The Committee is composed of the following members, each appointed by the Minister for a term of two years:
(a) three medical practitioners on the Medical Register nominated as members by the NWTMA;
(b) one representative of the Department of Health and Social Services;
(c) one layperson.
(3) The Registrar is also a member of the Committee by virtue of his or her office, and serves as secretary to the Committee.
(4) The Minister shall, under paragraph (2)(a), appoint as members the medical practitioners nominated by the NWTMA.
(5) The Minister shall appoint, as an alternate member of the Committee and for a term of two years, a medical practitioner on the Medical Register nominated by the NWTMA.
(6) The Minister may appoint, as an alternate member of the Committee and for a term of two years, a representative of the Department of Health and Social Services.
(7) An alternate member appointed on the nomination of the NWTMA may act in the place of a member nominated by the NWTMA who is absent or otherwise unable to act.
(8) An alternate member appointed to represent the Department of Health and Social Services may act in the place of the member appointed to represent the Department if he or she is absent or otherwise unable to act.
(9) A person appointed as a member or alternate member may be reappointed.
Chairperson
3.(1) The members of the Committee shall designate a member appointed under paragraph 2(2)(a) as chairperson.
(2) In meetings of the Committee,
(a) three members constitute a quorum; and
(b) the votes of the majority of members present govern.
Committee duties
4.The Committee shall review and decide on applications made to it under this Act.
Registrar and Registers
Registrar
5.The Minister shall appoint a Registrar.
Medical Register
6.(1) The Registrar shall maintain a record called the Medical Register, divided into Part One and Part Two.
(2) Part One of the Medical Register must contain the name, address and qualifications of each person who is entitled to practice medicine in the Northwest Territories as a general or family practitioner.
(3) Part Two of the Medical Register must contain the name, address, qualifications and specialty of each person who is entitled to practice medicine as a specialist in the Northwest Territories.
Temporary Register
7.The Registrar shall maintain a record called the Temporary Register, which must contain the name, address, qualifications and conditions of registration of each person who is entitled to practice medicine in the Northwest Territories under a temporary permit.
Education Register
8.The Registrar shall maintain a record called the Education Register, which must contain the following information in respect of each undergraduate student and each graduate of a medical school who is entitled to practice medicine in the Northwest Territories while receiving training experience of a limited duration:
(a) name;
(b) date of birth;
(c) medical school and program year;
(d) supervising medical practitioner.
Form of register
9.(1) The Medical Register, Temporary Register and Education Register may be maintained in electronic format.
(2) A person may, on reasonable notice to the Registrar, inspect the Medical Register, Temporary Register or Education Register.
Registration in Part One of Medical Register
Qualifications for registration
10.(1) A person is qualified for registration in Part One of the Medical Register if
(a) he or she is registered or is eligible for registration as a medical practitioner in a province;
(b) he or she holds the Licentiate of the Medical Council of Canada;
(c) he or she has undertaken an internship, residency or other training or experience acceptable to the Committee for Part One registration;
(d) he or she is of good character;
(e) his or her entitlement to practice medicine under the laws of a province, territory or other jurisdiction has not, for disciplinary reasons, been suspended or cancelled by a college of physicians and surgeons, medical council, board of inquiry or similar body, unless he or she has been reinstated; and
(f) he or she meets any other prescribed qualifications.
(2) The Committee may waive the requirement under paragraph(1)(b) if the applicant
(a) is registered or is eligible for registration as a medical practitioner in a province; and
(b) is not required in that province to hold the Licentiate of the Medical Council of Canada.
(3) A person is eligible for registration in Part One of the Medical Register if he or she provides evidence satisfactory to the Committee that he or she
(a) is qualified for registration;
(b) is the person referred to in the evidence provided;
(c) is authorized to work in Canada; and
(d) meets any other prescribed eligibility requirements.
Application for registration
11.(1) A person may apply to the Committee, in the approved form, for registration in Part One of the Medical Register.
(2) If the Committee is satisfied that the applicant is eligible for registration, the Registrar shall, on payment of the prescribed fee,
(a) register the applicant in Part One of the Medical Register; and
(b) issue a licence to the applicant.
(3) Notwithstanding subsection (2), an additional fee is not payable if the applicant is already registered in Part Two of the Medical Register.
(4) If the Committee refuses an application, the Registrar shall provide the applicant with a written notice of the refusal that includes reasons.
Application following temporary permit
12.(1) A person may apply to the Registrar, in the approved form, for registration in Part One of the Medical Register if a temporary permit had been, at the direction of the Committee, issued to the applicant, and the temporary permit expired or will expire less than six months before the application date.
(2) Subject to subsection (3), the Registrar may, on payment of the prescribed fee,
(a) register the applicant in Part One of the Medical Register; and
(b) issue a licence to the applicant.
(3) The Registrar may only register the applicant under this section if there were no conditions on the temporary permit that the Registrar considers should be reviewed by the Committee prior to registration in the Medical Register.
(4) On refusing an application, the Registrar shall provide the applicant with a written notice of the refusal that includes reasons.
Entitlement to practice
13.A person who is registered in Part One of the Medical Register and holds a licence is is entitled to practice medicine, in accordance with any applicable standards established or adopted under this Act, as a general or family practitioner. SNWT 2022,c.9,s.3.
Registration in Part Two of Medical Register
Qualifications
14.(1) A person is qualified for registration in Part Two of the Medical Register as a specialist if
(a) he or she is registered or is eligible for registration as a specialist in a province;
(b) he or she holds the Licentiate of the Medical Council of Canada;
(c) he or she has undertaken an internship, residency or other training or experience acceptable to the Committee for Part Two registration;
(d) he or she is certified as a specialist in a particular branch of medicine by the Royal College of Physicians and Surgeons of Canada or by the Professional Corporation of Physicians of Quebec;
(e) he or she is of good character;
(f) his or her entitlement to practice medicine under the laws of a province, territory or other jurisdiction has not, for disciplinary reasons, been suspended or cancelled by a college of physicians and surgeons, medical council, board of inquiry or similar body, unless he or she has been reinstated; and
(g) he or she meets any other prescribed qualifications.
(2) The Committee may waive the requirement under paragraph(1)(b) if the applicant
(a) is registered as a specialist in a province; and
(b) is not required in that province to hold the Licentiate of the Medical Council of Canada.
(3) The Committee may, on the conditions it considers appropriate, waive the requirement under paragraph(1)(d) if
(a) the applicant is eligible for registration in Part One of the Medical Register;
(b) the applicant’s training and experience in a post-graduate specialty training program is acceptable to the Committee; and
(c) the Committee is satisfied that there are exceptional circumstances warranting the registration.
(4) A person is eligible for registration in Part Two of the Medical Register if he or she provides evidence satisfactory to the Committee that he or she
(a) is qualified for registration;
(b) is the person referred to in the evidence provided;
(c) is authorized to work in Canada; and
(d) meets any other prescribed eligibility requirements.
Application for registration
15.(1) A person may apply to the Committee, in the approved form, for registration in Part Two of the Medical Register as a specialist.
(2) If the Committee is satisfied that the applicant is eligible for registration, the Registrar shall, on payment of the prescribed fee,
(a) register the applicant in Part Two of the Medical Register; and
(b) issue a licence to the applicant.
(3) If, under subsection 14(3), the Committee waives the requirement under paragraph 14(1)(d), the applicant’s registration is limited to a period of one year.
(4) On application in a form and manner approved by the Committee, the Committee may direct the Registrar to renew a registration referred to in subsection (3) for further periods of one year.
(5) Notwithstanding subsection (2), an additional fee is not payable if the applicant is already registered in Part One of the Medical Register.
(6) If the Committee refuses an application made under subsection (1) or (4), the Registrar shall provide the applicant with a written notice of the refusal that includes reasons.
Application following temporary permit
16.(1) A person may apply to the Registrar, in the approved form, for registration in Part Two of the Medical Register if a temporary permit had been, at the direction of the Committee, issued to the applicant, and the licence or temporary permit expired or will expire less than six months before the application date.
(2) Subject to subsection (3), the Registrar may, on payment of the prescribed fee,
(a) register the applicant in Part Two of the Medical Register; and
(b) issue a licence to the applicant.
(3) The Registrar may only register the applicant under this section if
(a) there were no conditions on the temporary permit that the Registrar considers should be reviewed by the Committee prior to registration in the Medical Register;
(b) the temporary permit was issued in respect of the practice of the specialty; and
(c) the temporary permit was not issued following a waiver by the Committee under subsection 14(3).
(4) On refusing an application, the Registrar shall provide the applicant with a written notice of the refusal that includes reasons.
Entitlement to practice
17.(1) A person who is registered in Part Two of the Medical Register and holds a licence is entitled to practice medicine as a specialist, in accordance with any applicable standards established or adopted under this Act, in the branch of medicine specified in the Register.
(2) A person who is only registered in Part Two of the Medical Register may only practice the branch of medicine specified in the Register. SNWT 2022, c.9,s.4.
Renewal and Removal
Annual fee
18.(1) A person registered in the Medical Register shall, on or before March 31 in each year, pay the prescribed licence fee to the Registrar for the renewal of his or her licence.
(2) Subject to subsection (3), the Registrar shall remove from the Medical Register the name of a person who fails to pay the prescribed licence fee.
(3) Where reasons satisfactory to the Registrar are advanced as to why the prescribed licence fee has not been paid, the Registrar may grant an extension, not exceeding 60 days, within which the fee may be paid.
(4) Subject to subsection (5), a person whose name is removed from the Medical Register under subsection (2) is entitled to be reinstated on payment to the Registrar of the prescribed fee for reinstatement and the prescribed licence fee.
(5) If a person does not pay the prescribed licence fee within six months after the day it becomes due, the Committee may direct the Registrar to refuse to reinstate the person unless he or she successfully reapplies for registration.
Removal if conviction
19.(1) Subject to subsection (2), on becoming aware that a person registered in the Medical Register has been convicted of an offence under this Act or an indictable offence under the Criminal Code, the Committee shall direct the Registrar to remove the name of the person from the Medical Register and to cancel his or her licence.
(2) Subsection (1) does not apply if the Committee determines that the nature of the offence, or the circumstances under which it was committed, should not disqualify the person from
(a) remaining registered in the Medical Register; or
(b) remaining registered in the Medical Register pending a review of the matter under Part 2.
Non- practicing medical practitioner
20.(1) If a person registered in the Medical Register ceases for a period of more than one year to practice medicine in the Northwest Territories, the Committee may request that he or she submit a certificate of standing from a jurisdiction in which he or she has been practicing, or other documentation acceptable to the Committee.
(2) The Committee may direct the Registrar to remove from the Medical Register the name of a person who fails to comply with the Committee’s request.
Direction if misrepresent- ation, fraud
21.The Committee may direct the Registrar to remove a person’s name from the Medical Register and to cancel his or her licence, if the Committee determines that
(a) the person had been registered as a result of error, misrepresentation, fraud or falsified records; and
(b) in the case of error or innocent misrepresentation, the person is not otherwise qualified for registration.
Notice of removal
22.On being directed to remove the name of a person from the Medical Register, the Registrar shall provide the person with a written notice of the direction that includes reasons.
Registration in Temporary Register
Eligibility, application for registration
23.(1) A person who is eligible for registration under Part One or Part Two of the Medical Register is eligible for registration in the Temporary Register and may apply to the Committee, in the approved form, for registration.
(2) If the Committee is satisfied that the applicant is eligible for registration, the Registrar shall, on payment of the prescribed fee,
(a) register the applicant in the Temporary Register; and
(b) issue a temporary permit to the applicant for a term determined by the Registrar.
(3) The Committee may impose conditions on the practice of medicine by a person who holds a temporary permit.
Application to Registrar for temporary permit
24.(1) A person may apply to the Registrar, in the approved form, for registration in the Temporary Register if a licence or temporary permit had been, at the direction of the Committee, issued to the applicant, and the licence or temporary permit expired or will expire less than six months before the application date.
(2) The Registrar may, on payment of the prescribed fee,
(a) register the applicant in the Temporary Register, if the applicant is not yet registered; and
(b) issue a temporary permit to the applicant for a term determined by the Registrar.
(3) A temporary permit issued on the basis of a previous temporary permit is subject to any conditions imposed by the Committee on the previous permit.
Entitlement to practice
25.A person who is registered in the Temporary Register and holds a temporary permit issued under subsection 23(2) or 24(2) may, subject to any conditions imposed by the Committee and in accordance with any applicable standards established or adopted under this Act, practice medicine during the term set out in the temporary permit. SNWT 2022,c.9,s.5.
Notice of refusal
26.If the Committee or Registrar refuses an application for registration in the Temporary Register, the Registrar shall provide the applicant with a written notice of the refusal that includes reasons.
Permit during public health emergency
27.(1) The Minister, on the recommendation of the Chief Public Health Officer, may, during a state of public health emergency declared under the Public Health Act, direct the Registrar to register in the Temporary Register, and to issue a temporary permit to, a person who is registered as a medical practitioner in a province or another territory.
(2) A person who is registered in the Temporary Register and holds a temporary permit issued under this section may practice medicine, in accordance with any applicable standards established or adopted under this Act, in the areas of the Northwest Territories and during the periods of time specified in the temporary permit.
(3) There is no fee for registration or the issue of a temporary permit under this section. SNWT 2022,c.9,s.6.
Removal if conviction
28.(1) Subject to subsection (2), on becoming aware that a person registered in the Temporary Register has been convicted of an offence under this Act or an indictable offence under the Criminal Code, the Committee shall direct the Registrar to remove the name of the person from the Temporary Register and to cancel his or her temporary permit.
(2) Subsection (1) does not apply if the Committee determines that the nature of the offence, or the circumstances under which it was committed, should not disqualify the person from
(a) remaining registered in the Temporary Register; or
(b) remaining registered in the Temporary Register pending a review of the matter under Part 2.
Direction if misrepresent- ation, fraud
29.The Committee may direct the Registrar to remove a person’s name from the Temporary Register and to cancel his or her temporary permit, if the Committee determines that
(a) the person had been registered as a result of error, misrepresentation, fraud or falsified records; and
(b) in the case of error or innocent misrepresentation, the person is not otherwise eligible for registration.
Notice of removal
30.On being directed to remove the name of a person from the Temporary Register, the Registrar shall provide the person with a written notice of the direction that includes reasons.
Review of Foreign Trained Medical
Professionals and Others with
Non-Standard Qualifications
Appointment or designation
31.(1) The Minister may appoint a person or designate a body as the Review Officer.
(2) The Review Officer may, on the direction of the Minister and in accordance with the regulations,
(a) assess the medical qualifications of persons who do not qualify for registration in the Medical Register under sections 10 or 14, or in the Temporary Register under section 23; and
(b) recommend to the Registrar the registration in the Medical Register or Temporary Register of persons whose qualifications are assessed as satisfactory.
Virtual Care
Exception to registration and permit requirement
31.1.A person may, without being registered in the SNWT 2022,c.9,s.7.
Medical Register or the Temporary Register and without a licence or temporary permit, practice virtual care from a province or another territory if the person
(a) is registered, without restrictions or conditions, as a medical practitioner in a province or another territory;
(b) resides in and practices medicine in the province or other territory referred to in paragraph (a); and
(c) has received a referral from a medical practitioner or a nurse practitioner to provide medical treatment to a patient in the Northwest Territories.
Minister may enter into agreement
31.2.(1) The Minister may enter into an agreement with the government of a province or another territory or with another body or entity responsible for the regulation of the medical profession in a province or another territory, authorizing a person or class of persons to practice virtual care from the province or other territory without being registered in the Medical Register or the Temporary Register.
(2) A person may, without being registered in the Medical Register or the Temporary Register and without a licence or temporary permit, practice virtual care in accordance with an agreement made under subsection (1). SNWT 2022,c.9,s.7.
Person not entitled to practice under 31.1 or 31.2
31.3.Except as may be otherwise permitted by the Committee, having regard for the nature of the offence or the circumstances under which it was committed, no person shall practice virtual care under section 31.1 or 31.2 if the person has been convicted of an offence under this Act or an indictable offence under the Criminal Code. SNWT 2022,c.9,s.7.
Registration in Education Register
Undergraduate student qualifications
32.(1) A person is qualified for registration in the Education Register as an undergraduate student if he or she
(a) is an undergraduate student of a medical school that has been approved by the Minister after consultation with the Committee;
(b) is certified by the medical school that he or she attends to be qualified to act as an undergraduate student;
(c) is engaged to receive training experience of a limited duration, related to the practice of medicine, in a hospital, office or other premises approved by the Minister; and
(d) meets any other prescribed qualifications.
(2) A person is qualified for registration in the Education Register as a graduate of a medical school if he or she
(a) is a graduate of a medical school that has been approved by the Minister after consultation with the Committee;
(b) is engaged to receive training experience of a limited duration, related to the practice of medicine, in a hospital, office or other premises approved by the Minister; and
(c) meets any other prescribed qualifications.
(3) A person is eligible for registration in the Education Register as an undergraduate student or as a graduate of a medical school if he or she provides evidence satisfactory to the Committee that he or she
(a) is qualified for registration; and
(b) meets any other prescribed eligibility requirements.
Application for registration
33.(1) A person may apply to the Committee, in the approved form, for registration in the Education Register as
(a) an undergraduate student; or
(b) a graduate of a medical school.
(2) If the Committee is satisfied that the applicant is eligible for registration as an undergraduate student or as a graduate of a medical school, the Registrar shall register the applicant in the applicable category in the Education Register.
Undergraduate entitlement to practice
34.(1) Subject to this section, an undergraduate student may, under the direct supervision of a medical practitioner who holds a licence or temporary permit, and in accordance with any applicable standards established or adopted under this Act, practice medicine while receiving training experience of a limited duration in the hospital, office or other premises referred to in his or her application for registration.
(2) The Committee may impose conditions on the practice of medicine by an undergraduate student.
(3) An undergraduate student shall restrict his or her practice of medicine to the activities that the supervising medical practitioner determines are appropriate to the student’s level of education and training.
(4) An undergraduate student shall not
(a) sign a document that requires the signature of a medical practitioner;
(b) issue a prescription for drugs; or
(c) issue an order for the treatment of a patient.
(5) A person who is an undergraduate at a medical school shall not provide services related to the practice of medicine in a hospital, office or other premises unless he or she is registered in the Education Register as an undergraduate student. SNWT 2022,c.9,s.8.
Graduate entitlement to practice
35.(1) Subject to subsection (2) and section 36, a graduate of a medical school may, under the supervision of a medical practitioner who holds a licence or temporary permit, and in accordance with any applicable standards established or adopted under this Act, practice medicine as an intern or resident, or engage in other post-graduate training, while receiving training experience of a limited duration in a hospital, office or other premises referred to in his or her application for registration.
(2) The Committee may impose conditions on the practice of medicine by a graduate of a medical school.
(3) A person shall not practice medicine as an intern or resident in a hospital, office or other premises unless he or she is registered in the Education Register as a graduate of a medical school, or is registered in the Medical Register or Temporary Register. SNWT 2022,c.9,s.9.
Graduate signing restriction
36.(1) A graduate of a medical school shall not sign a document that requires the signature of a medical practitioner.
(2) A graduate of a medical school may only issue a prescription for drugs
(a) if he or she is practicing medicine as an intern or resident;
(b) subject to any conditions imposed by the Committee;
(c) if a medical practitioner who is responsible for supervision of the graduate’s practice of medicine has provided the graduate with written authorization to prescribe drugs; and
(d) subject to any conditions imposed by a medical practitioner referred to in paragraph (c).
(3) A graduate of a medical school may only issue an order for the treatment of a patient
(a) if the graduate is practicing medicine as an intern or resident;
(b) subject to any conditions imposed by the Committee;
(c) if a medical practitioner who is responsible for supervision of the graduate’s practice of medicine has provided the graduate with written authorization to issue orders for treatment; and
(d) subject to any conditions imposed by a medical practitioner referred to in paragraph (c).
Direction if misrepresent- ation, fraud
37.(1) The Committee may direct the Registrar to remove a person’s name from the Education Register if the Committee determines
(a) that the person had been registered as a result of error, misrepresentation, fraud or falsified records; and
(b) in the case of error or innocent misrepresentation, the person is not otherwise eligible for registration.
(2) On being directed to remove the name of a person from the Education Register, the Registrar shall provide the person with a written notice of the direction that includes reasons.
Removal on termination
38.The Registrar shall remove from the Education Register the name of each undergraduate student and graduate of a medical school who ceases to receive the training experience in respect of which he or she had been registered.
Appeals
Appeal of refusal to register
39.(1) A person whose application for registration under subsection 11(1), 15(1) or 23(1) is refused, may, within 30 days after the day he or she receives written notice of the refusal, appeal the refusal by filing a notice of appeal with the Supreme Court and serving it on the Registrar.
(2) If the Supreme Court finds that the refusal to register is unreasonable, it may
(a) make an order requiring the Registrar to register the person in the Medical Register or Temporary Register and to issue a licence or temporary permit to the person; and
(b) make any further order that is warranted in the circumstances.
(3) An order made under this section is final and conclusive and shall be acted upon without delay by the Registrar or other person to whom it is directed.
Appeal of removal
40.(1) A person whose name is removed from the Medical Register, Temporary Register or Education Register at the direction of the Committee under subsection 19(1) or 28(1), or section 21, 29 or 37, may, within 30 days after the day he or she receives written notice of the removal, appeal the removal by filing a notice of appeal with the Supreme Court and serving it on the Registrar.
(2) An appeal does not operate as a stay of the removal, but the Supreme Court may, on application, grant a temporary stay of the removal on the terms that it considers appropriate.
(3) If the Supreme Court finds that the removal is unreasonable, it may
(a) make an order requiring the Registrar to reinstate the person in the Medical Register, Temporary Register or Education Register and, if applicable, to issue a licence or temporary permit to the person; and
(b) make any further order that is warranted in the circumstances.
Costs
41.The Supreme Court, on hearing an appeal, may make any order as to costs that it considers appropriate.
PART 2
REVIEW OF CONDUCT
Interpretation
Definitions
42.In this Part,
"complaint" means a complaint filed under subsection 45(1) or (2); (plainte)
"inquiry panel" means a panel of the Board of Inquiry selected under subsection 66(1) to hear a complaint; (sous-comité d’enquête)
"practitioner" means
(a) a person who holds a licence or temporary permit,
(b) a person registered in the Education Register, and
(c) a person no longer registered in the Medical Register, Temporary Register or Education Register. (médecin)
Unprofessional Conduct
Unprofessional conduct described
43.(1) An act or omission of a practitioner constitutes unprofessional conduct if a Board of Inquiry, or a court on an appeal, finds that the practitioner
(a) engaged in conduct that displays a significant lack of knowledge, skill or judgment in the practice of medicine;
(b) engaged in conduct that does not comply with accepted standards for the practice of medicine;
(c) engaged in conduct that brings or tends to bring the standing of the medical profession into disrepute;
(d) practiced medicine when he or she knew or ought to have known that his or her capacity to do so was impaired by a disability or a condition, including an illness or addiction, that could compromise the health or safety of a patient;
(e) engaged in conduct that contravenes this Act;
(f) has been convicted of an indictable offence under the Criminal Code;
(g) provided the Committee with falsified records to obtain registration, or used misrepresentation or fraud to obtain registration;
(h) breached an undertaking provided to the Complaints Officer under subsection 48(3) on the informal resolution of a complaint;
(i) failed or refused to comply with a settlement agreement approved under subsection 56(2);
(j) failed or refused to comply with an order made under subsection 73(2), or an order of a court on an appeal;
(k) failed or refused to cooperate during the course of an investigation under this Part; or
(l) engaged in conduct that is prescribed as being unprofessional conduct.
(2) An act or omission of a respondent must not be found to constitute unprofessional conduct solely on the basis that the member practices a therapy that is non-traditional or that departs from the prevailing medical practice, unless there is evidence that proves that the therapy poses a greater risk to the patient’s health than the traditional or prevailing practice.
Complaints Officer
Appointment of Complaints Officer
44.(1) The Minister shall appoint a Complaints Officer.
(2) The Minister shall appoint one Deputy Complaints Officer, and may appoint additional Deputy Complaints Officers.
Complaints
Filing complaint
45.(1) Any person may file a complaint with the Complaints Officer in respect of an act or omission of a practitioner that may constitute unprofessional conduct.
(2) The Complaints Officer may file a complaint with a Deputy Complaints Officer in respect of an act or omission of a practitioner that may constitute unprofessional conduct.
(3) A complaint must be in writing and must include the name of and a mailing address for the complainant.
(4) If the Complaints Officer files a complaint with a Deputy Complaints Officer, a reference to "Complaints Officer" in sections 46 to 73 means a Deputy Complaints Officer.
Copy of complaint
46.On receiving a complaint, the Complaints Officer shall provide the respondent with a copy or a summary of it, and shall specify the name of the complainant.
Continuing jurisdiction
47.A complaint respecting the conduct of a practitioner who is no longer registered under this Act may be dealt with under this Part if it is filed within two years after the day on which the practitioner ceased to be registered.
Review of complaint
48.(1) The Complaints Officer shall review and inquire into a complaint
(a) to the extent that he or she considers necessary for the purposes of this Part; and
(b) as soon as reasonably possible after the complaint is filed or within such period as may be prescribed.
(2) The Complaints Officer may do one or more of the following in respect of a complaint:
(a) encourage the complainant and respondent to communicate with each other for the purpose of resolving it;
(b) with the consent of the respondent, attempt to resolve it;
(c) appoint a facilitator under subsection 53(1);
(d) appoint an investigator under subsection 59(1).
(3) The resolution of a complaint under paragraph (2)(a) or (b) may be made conditional on a written undertaking by the respondent to the Complaints Officer in respect of the respondent’s practice of medicine or other conduct.
(4) If a complaint is resolved under paragraph (2)(a) or (b), the Complaints Officer shall make a record of the resolution and shall maintain it on file with any undertakings by the respondent.
Dismissal of complaint
49.(1) The Complaints Officer may dismiss a complaint at any time before the commencement of a hearing into it, if he or she determines that
(a) the allegations do not pertain to conduct regulated under this Act;
(b) the complaint is trivial or vexatious; or
(c) there is insufficient evidence of unprofessional conduct to provide a reasonable basis to continue with the complaints process.
(2) On dismissing a complaint, the Complaints Officer shall provide the complainant and respondent with a written notice of the dismissal that includes reasons.
Measures to Protect the Public
Conditions or temporary suspension
50.(1) Notwithstanding any other provision of this Act, if a complaint is filed and the Complaints Officer determines that a suspension or the imposition of conditions is necessary to protect the health or safety of the public, the Complaints Officer may make a decision, effective for any period expiring on or before the completion of proceedings under this Part,
(a) to suspend or impose conditions on the licence or temporary permit of a respondent who is registered in the Medical Register or Temporary Register; or
(b) to suspend or impose conditions on the entitlement to practice of a respondent registered in the Education Register.
(2) The power of the Complaints Officer to make a decision under subsection (1) includes the power to
(a) revoke a suspension and substitute conditions;
(b) revoke conditions and substitute a suspension; and
(c) amend conditions.
(3) On making a decision under subsection (1), the Complaints Officer shall, without delay,
(a) serve the respondent with a written copy that includes reasons; and
(b) provide the Registrar with a copy.
(4) A decision under subsection (1) takes effect immediately upon service of a copy on the respondent.
(5) The Complaints Officer shall revoke a decision made under subsection (1) if he or she determines that the suspension is, or conditions are, no longer necessary to protect the health or safety of the public.
(6) The Complaints Officer shall, without delay, provide written notice to a respondent and the Registrar of the respondent’s reinstatement or of the removal of conditions.
Definition of "medical examination"
51.(1) In this section, "medical examination" includes an examination by a psychiatrist or other specialist.
(2) If the Complaints Officer has reasonable grounds to believe that a respondent is suffering from a physical, mental or emotional condition or disorder, or an addiction to alcohol, a drug as defined in the Pharmacy Act, or other chemical, that impairs his or her ability to practice medicine in a safe and competent manner, the Complaints Officer may direct the respondent to
(a) submit to a medical examination or psychological assessment, including tests, by a specified person or at a specified facility; and
(b) request the person or facility to report to the Complaints Officer with the results of the medical examination or psychological assessment.
(3) If the person or facility recommends treatment, the Complaints Officer may direct the respondent to
(a) submit to treatment by a specified person or facility; and
(b) request the person or facility to report to the Complaints Officer regarding the effects of the treatment.
(4) If a respondent fails to submit to a medical examination or psychological assessment, or to submit to treatment as directed, the Complaints Officer may make a decision, effective for any period expiring on or before the completion of proceedings under this Part,
(a) to suspend or impose conditions on the licence or temporary permit of a respondent who is registered in the Medical Register or Temporary Register; or
(b) to suspend or impose conditions on the entitlement to practice of a respondent registered in the Education Register.
(5) On making a direction under subsection (2) or (3), or a decision under subsection (4), the Complaints Officer shall, without delay,
(a) serve the respondent with a written copy that includes reasons; and
(b) provide the Registrar with a copy.
(6) A decision under subsection (4) takes effect immediately upon service of a copy on the respondent.
(7) The Complaints Officer shall revoke a decision made under subsection (4) if the respondent undergoes the medical examination or psychological assessment and, if applicable, the treatment as directed, and the Complaints Officer determines that the suspension is, or conditions are, not necessary to protect the health or safety of the public pending the completion of proceedings under this Part.
(8) The Complaints Officer shall, without delay, provide written notice to a respondent and the Registrar of the respondent’s reinstatement or of the removal of conditions.
(9) For greater certainty, nothing in this section affects the power of the Complaints Officer to make a decision under subsection 50(1).
Appeal
Appeal of suspension or conditions
52.(1) A respondent may, within 30 days after the day he or she is served with notice of a decision made under subsection 50(1) or 51(4), or a direction given under subsection 51(2) or (3), appeal the decision or direction by filing a notice of appeal with the Supreme Court and serving it on the Registrar.
(2) An appeal does not operate as a stay of the decision or direction, but the Supreme Court may, on application by the respondent, grant a stay of the decision or direction on the terms it considers appropriate, until the appeal is decided.
(3) The Supreme Court may, on hearing an appeal of a suspension of registration or imposition of conditions under subsection 50(1) or 51(4), or an appeal of a direction under subsection 51(2) or (3),
(a) make a decision or order that modifies or reverses the decision of the Complaints Officer;
(b) refer the matter or any issue back to the Complaints Officer for further consideration; or
(c) provide any direction that it considers appropriate.
(4) The Supreme Court, on hearing an appeal, may make any order as to costs that it considers appropriate.
Alternative Dispute Resolution
Appointment of facilitator
53.(1) The Complaints Officer may, at any time before the commencement of a hearing, appoint a person to conduct an alternative dispute resolution process in respect of a complaint, if
(a) the Complaints Officer considers that an attempt to settle the complaint through the process is appropriate in the circumstances;
(b) the complainant and respondent agree to attempt to have the complaint settled through the process; and
(c) the complainant and respondent agree to comply with the procedures that will apply.
(2) The Complaints Officer shall consult with the complainant and respondent regarding the choice of person to be appointed as facilitator.
(3) The facilitator shall terminate an alternative dispute resolution process and refer the complaint back to the Complaints Officer, if
(a) the complainant or respondent requests a termination of the process; or
(b) the facilitator considers it unlikely that the complaint will be settled through the process.
(4) The Complaints Officer shall provide the complainant and respondent with a written notice of
(a) the appointment of a facilitator; or
(b) the referral of a complaint back to the Complaints Officer.
Suspension of investigation
54.On the appointment of a facilitator, an investigation of a complaint must be suspended pending the outcome of the alternative dispute resolution process.
Evidence confidential
55.Communications and evidence arising from anything said or produced during the course of an alternative dispute resolution process are confidential, and are not admissible in any proceedings under this Act, or in any action, matter or other proceedings, without the written consent of the complainant and the respondent.
Settlement
56.(1) If a complaint is settled through an alternative dispute resolution process, the facilitator shall provide the Complaints Officer with a copy of the settlement agreement signed by the complainant and respondent.
(2) The Complaints Officer may
(a) approve the settlement agreement;
(b) with the consent of the complainant and respondent, amend the terms of the settlement agreement and then approve it; or
(c) refuse to approve the settlement agreement if he or she determines that it is necessary in the public interest to do so.
(3) A settlement of a complaint does not come into effect unless the Complaints Officer approves the settlement agreement under paragraph (2)(a) or (b).
Investigation discontinued
57.Subject to paragraph 58(c), an investigation commenced before the appointment of a facilitator must be discontinued upon approval of a settlement agreement.
Unresolved complaint
58.The Complaints Officer may deal with a complaint under this Part as if there had been no appointment of a facilitator, if
(a) the complaint is referred back to the Complaints Officer;
(b) the Complaints Officer refuses to approve the settlement agreement; or
(c) the Complaints Officer determines that the respondent has not complied with an approved settlement agreement.
Investigation
Appointment of investigator
59.(1) The Complaints Officer may, at any time during a complaints process, appoint a person to investigate a complaint, and shall appoint an investigator to investigate a complaint if it is not resolved under paragraph 48(2)(a) or (b), settled in accordance with section 56, or dismissed under subsection 49(1).
(2) An investigator must be a person who is or was qualified to be a medical practitioner in a province or territory, or a person who has other expertise required in the investigation.
(3) A member of the Board of Inquiry is not eligible to be appointed as an investigator.
(4) If an investigation of a complaint is to be conducted, the Complaints Officer shall provide the respondent with
(a) a copy of the complaint if it was not provided earlier;
(b) a written notice that an investigation will be conducted; and
(c) the name of and contact information for the investigator.
Inquiries, production
60.(1) For the purpose of investigating a complaint, an investigator may
(a) make oral or written inquiries of any person who has or may have information relevant to the investigation; and
(b) demand the production for examination of documents, records and other materials in a person’s possession or under a person’s control that are or may be relevant to the investigation.
(2) On the request of an investigator, a practitioner shall, to the best of his or her ability,
(a) respond to oral or written inquiries from the investigator; and
(b) produce for examination the documents, records and other materials in his or her possession or under his or her control that are or may be relevant to the investigation.
(3) A practitioner may not refuse to respond to oral or written inquiries from an investigator, or to produce for examination a document, record or other materials, on the grounds of confidentiality or professional privilege.
(4) An investigator may make copies of documents, records or other materials produced for examination.
(5) Within a reasonable period of time, but no later than 14 days after the completion of a hearing into a complaint, an investigator shall return any document, record or other materials produced for examination.
Order
61.If a person fails or refuses to respond to an inquiry or to produce any document, record or other materials demanded under subsection 60(1), the Supreme Court, on application by the Complaints Officer, may make an order requiring the person to respond to the inquiry or to produce the document, record or materials.
Other matters
62.(1) During an investigation the investigator may investigate any other matters that arise that may constitute unprofessional conduct by the respondent.
(2) An investigator who investigates other matters shall
(a) provide to the respondent and the Complaints Officer a summary of the other matters under investigation; and
(b) provide to the respondent the opportunity to present information in respect of the other matters.
Written report
63.(1) An investigator shall prepare a written investigation report and provide it to the Complaints Officer within a reasonable period of time after completing an investigation.
(2) After considering an investigation report, the Complaints Officer may add further allegations to the complaint arising from an investigation of other matters under subsection 62(1).
(3) After considering an investigation report, the Complaints Officer shall
(a) dismiss the complaint under subsection 49(1);
(b) appoint a facilitator under subsection 53(1); or
(c) refer the complaint to the Board of Inquiry for a hearing.
(4) The Complaints Officer shall provide the complainant and the respondent with written notice of a referral of a complaint to the Board of Inquiry.
Board of Inquiry
Establishment
64.(1) The Board of Inquiry is established.
(2) The Board of Inquiry is composed of the following members appointed by the Minister:
(a) at least one medical practitioner on the Medical Register nominated as a member by the NWTMA;
(b) at least one medical practitioner in a province or territory who is not registered under this Act;
(c) at least one layperson.
(3) The Minister shall designate a member of the Board of Inquiry appointed under paragraph (2)(a) or (b) as chairperson.
Hearings
Rules of procedure
65.Subject to this Act, the Board of Inquiry may establish rules of procedure respecting the conduct of hearings.
Selection of panel
66.(1) On receiving a complaint referred to the Board of Inquiry, the chairperson shall select a panel, composed of members of the Board of Inquiry, to hear the complaint.
(2) The inquiry panel must include at least one member appointed under each of paragraphs 64(2)(a),
(b) and (c).
(3) If the chairperson of the Board of Inquiry is not a member of the inquiry panel, he or she shall select a member of the panel to act as chairperson in respect of the hearing.
(4) The inquiry panel shall, within a reasonable period of time after being selected, conduct the hearing.
(5) At least 30 days before the commencement of the hearing, the Chairperson of the Board of Inquiry shall serve the complainant and respondent with a written notice of the date, time and place of the hearing.
(6) On application by the Complaints Officer or a respondent, the inquiry panel may, on the terms it considers appropriate, grant a temporary adjournment of a hearing.
(7) If the respondent does not attend the hearing, the inquiry panel, on proof of service of the written notice on the respondent, may proceed with the hearing and take any action authorized by this Act without further notice to the respondent.
Absence of member
67.(1) Subject to subsection (2), if a member of an inquiry panel becomes unable to continue with the hearing, the panel may, in the absence of the member, continue with and complete the hearing.
(2) An inquiry panel may not continue a hearing with fewer than three members.
Hearing in public
68.A hearing must be open to the public unless an inquiry panel determines that there are sufficient reasons to conduct the hearing, or part of it, in private.
Legal counsel to Board
69.(1) The Board of Inquiry may engage, at the expense of the Government of the Northwest Territories, legal counsel to advise it or an inquiry panel in respect of a hearing.
(2) The Complaints Officer, or his or her legal counsel, shall present the case against a respondent at a hearing.
(3) A respondent may, at his or her own expense, be represented by legal counsel at a hearing.
(4) A complainant has the right to attend and be heard at a hearing, and to be accompanied, at his or her own expense, by an advisor.
Rules of evidence
70.Evidence may be given before an inquiry panel in any manner that it considers appropriate, including by telephone or by an audiovisual method, and the panel is not bound by the rules of evidence pertaining to actions and proceedings in courts of justice, but may proceed to ascertain the facts in the manner that it considers appropriate.
Compellable witness
71.(1) A respondent and any other person who the inquiry panel considers may have knowledge in respect of a complaint, is a compellable witness at a hearing into that complaint.
(2) The attendance of a witness before an inquiry panel to testify or to produce documents, records or other materials, may be enforced by a written notice issued by the chairperson of the Board of Inquiry and served on the witness, requiring the witness to attend and stating
(a) the date, time and place at which the witness is to attend; and
(b) any documents, records or other materials that the witness is required to produce.
(3) The chairperson of the Board of Inquiry shall
(a) issue notices under subsection (2) on the request of an inquiry panel, the Complaints Officer or a respondent;
(b) cause notices issued to witnesses at the request of an inquiry panel to be served on those witnesses;
(c) provide, without charge, notices issued to witnesses at the request of the Complaints Officer, to the Complaints Officer for service on those witnesses; and
(d) provide, without charge, notices issued to witnesses at the request of a respondent, to the respondent for service on those witnesses.
(4) A member of an inquiry panel has the power to administer an oath or affirmation to a witness who is to give evidence before the panel.
(5) A witness at a hearing may be examined on oath or affirmation on all matters relevant to the hearing, and is not excused from answering a question on the grounds that the answer might
(a) tend to incriminate the witness,
(b) subject the witness to punishment under the disciplinary provisions of this Act, or
(c) tend to establish the liability of the witness
(i) in a civil proceeding at the instance of a person or the Government of the Northwest Territories, or
(ii) to a prosecution under any Act,
but an answer so given may not be used or received against the witness in any civil proceedings or in any proceedings under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.
(6) A practitioner may not, in proceedings before an inquiry panel, refuse to testify or to produce a document, record or other materials on the grounds of confidentiality or professional privilege.
(7) For the purpose of obtaining testimony of a witness who is outside of the Northwest Territories, the Supreme Court, on ex parte application by the chairperson of the Board of Inquiry, the Complaints Officer or the respondent, may under the Rules of the Supreme Court and with such modifications as the circumstances require, make an order appointing an examiner for the obtaining of evidence of a witness.
Civil contempt
72.On application to the Supreme Court in accordance with the Rules of the Supreme Court, proceedings for civil contempt may be brought against a witness
(a) who, after being served with a notice, fails
(i) to attend at a hearing before an inquiry panel,
(ii) to produce the documents, records or other materials as required by the notice, or
(iii) to comply with the notice in any other way; or
(b) who refuses to be sworn or affirmed, or to answer any question allowed by the inquiry panel before whom the hearing is conducted.
Dismissal
73.(1) At the completion of a hearing, if the inquiry panel does not find that an act or omission of a respondent constitutes unprofessional conduct, the panel shall dismiss the complaint.
(2) At the completion of a hearing, if the inquiry panel finds that an act or omission of a respondent constitutes unprofessional conduct, the panel may, by order, do one or more of the following:
(a) reprimand the respondent;
(b) impose one or more conditions on the respondent’s licence or temporary permit, including but not limited to a condition that
(i) the respondent practice under supervision, or
(ii) the respondent report on matters specified in the order to the Board of Inquiry or to a person named in the order;
(c) require the respondent to attend counselling or to undergo treatment that the panel considers appropriate;
(d) require the respondent to complete a specified course of studies;
(e) require the respondent to complete a period of supervised practical experience of a type specified in the order;
(f) suspend the licence of a respondent registered in the Medical Register or the temporary permit of a respondent registered in the Temporary Register for a specified period or until such time as the respondent has fulfilled other requirements of the order to the satisfaction of the Board of Inquiry or of a person or body named in the order;
(g) cancel the licence of a respondent registered in the Medical Register or the temporary permit of a respondent registered in the Temporary Register, and direct the Registrar to remove the respondent’s name from the applicable register;
(h) prohibit the respondent from reapplying for registration for a specified period or until the respondent has fulfilled other requirements of the order to the satisfaction of the Board of Inquiry or of a person named in the order;
(i) direct the Registrar to remove the respondent’s name from the Education Register;
(j) make any other order that the panel considers appropriate for the protection of the public.
(3) In addition to an order under subsection (2), the inquiry panel may order the respondent to pay to the Government of the Northwest Territories, by the day specified in the order,
(a) all or part of the costs of the hearing, in an amount not exceeding $20,000;
(b) a fine not exceeding $5,000; or
(c) both costs and a fine.
(4) Within a reasonable period of time after the completion of a hearing, the inquiry panel shall prepare a written decision
(a) describing the findings of fact on which the decision was based;
(b) stating the reasons for the decision; and
(c) setting out any orders made under subsection (2) or (3).
(5) The Board of Inquiry shall
(a) serve a copy of the decision on the complainant and respondent; and
(b) provide a copy of the decision to the Complaints Officer and Registrar.
(6) If all or part of a hearing is held in private, the Board of Inquiry may issue directions to the Registrar concerning the manner in which the decision must be altered before it is included in the register referred to in subsection 78(1).
(7) If a respondent fails to pay in full the costs or fine by the day specified in the order, the Registrar may suspend the respondent’s licence or temporary permit, or in the case of a person registered in the Education Register, suspend his or her entitlement to practice, until payment has been made in full.
Appeal
Appeal of order
74.(1) A respondent who is subject to an order of an inquiry panel under subsection 73(2) or (3) may, within 30 days after service on him or her of a copy of the decision containing the order, appeal the decision or order by filing a notice of appeal with the Supreme Court and serving it on the Registrar.
(2) An appeal does not operate as a stay of an order, but the Supreme Court may, on application by the respondent, grant a stay of an order on the terms it considers appropriate, until the appeal is decided.
(3) The Supreme Court may, on hearing an appeal,
(a) make any finding that it considers should have been made by the panel;
(b) make a decision or order that affirms, modifies or reverses the decision or orders made by the panel; or
(c) refer the matter or any issue back to the Board of Inquiry for further consideration by an inquiry panel.
(4) The Supreme Court, on hearing an appeal, may make any order as to costs that it considers appropriate.
Reinstatement Following Suspension,
Cancellation or Removal
Application for reinstatement
75.(1) A person whose licence or temporary permit has been suspended by an order made under subsection 73(2), or by a court on appeal, may apply to the Committee to be reinstated in the Medical Register or Temporary Register
(a) on the expiration of the period specified in the order, if the licence or temporary permit has been suspended for a specified period; or
(b) on the fulfilment of other requirements of the order, if the licence or temporary permit has been suspended subject to the fulfilment of such requirements.
(2) In the case of a suspension for a specified period, if the Committee is satisfied that the period has expired it may direct the Registrar to reinstate the applicant.
(3) In the case of a suspension subject to the fulfilment of other requirements, if the Committee is satisfied that the requirements have been fulfilled it may
(a) direct the Registrar to reinstate the applicant; or
(b) require the applicant to reapply for registration in the Medical Register or Temporary Register.
(4) If the Committee refuses the application, it shall provide the applicant with a written notice of the refusal that includes reasons.
Application following cancellation
76.(1) An application for registration in the Medical Register or Temporary Register by a person whose licence or temporary permit has been cancelled by an order made under subsection 73(2), or by a court on appeal, must include a request to waive the registration requirement referred to in paragraph 10(1)(e) or 14(1)(f).
(2) An application referred to in subsection (1) may not be made before
(a) the expiration of the specified period, if an order had been made prohibiting the person from reapplying for registration for a specified period;
(b) the fulfilment of other requirements, if an order had been made prohibiting the person from reapplying for registration until the fulfilment of such requirements; or
(c) the day that is one year after the day the licence or temporary permit was cancelled, if neither paragraph (a) nor (b) applies.
(3) An applicant shall provide reasons why the registration requirement referred to in paragraph 10(1)(e) or 14(1)(f) should be waived.
(4) The Committee may waive the registration requirement referred to in paragraph 10(1)(e) or 14(1)(f),
(a) in the case of a prohibition from reapplying for a specified period, if the Committee is satisfied that the period has expired; or
(b) in the case of a prohibition from reapplying until the fulfilment of other requirements, if the Committee is satisfied that the requirements have been fulfilled.
(5) In any other case, the Committee may waive the registration requirement referred to in paragraph 10(1)(e) or 14(1)(f) if it considers it appropriate to do so in the circumstances.
(6) The Committee may impose conditions on the practice of medicine by an applicant referred to in this section.
(7) If the Committee refuses a request for a waiver, it shall provide the applicant with a written notice of the refusal that includes reasons.
(8) An application referred to in this section may not be made earlier than one year after the day a decision was made in the most recent application to reapply for registration.
Application following removal from Education Register
77.(1) A person removed from the Education Register by an order made under subsection 73(2) or by a court on appeal, may, subject to any conditions included in the order for removal,
(a) apply to the Committee to be reinstated in the Education Register; or
(b) on an application for registration in the Medical Register or Temporary Register, request the Committee to waive the registration requirement referred to in paragraph 10(1)(e) or 14(1)(f).
(2) The Committee may grant an application or request made under subsection (1) if it considers it appropriate to do so in the circumstances.
(3) The Committee may impose conditions on the practice of medicine by an applicant referred to in this section.
(4) If the Committee refuses an application or request made under subsection (1), it shall provide the applicant with a written notice of the refusal that includes reasons.
Public Register
Register of decisions
78.(1) The Complaints Officer shall maintain a register of the copies of decisions of inquiry panels provided to the Complaints Officer under paragraph 73(5)(b).
(2) Any person may, on reasonable notice to the Complaints Officer, inspect the register.
Records
Return of records
79.A Complaints Officer who is not an employee as defined in subsection 1(1) of the Public Service Act shall, on the termination of his or her appointment, provide the Minister with all records in his or her custody or control that relate to the exercise of powers or the performance of duties under this Act.
PART 3
GENERAL
Natural Justice
Rules of natural justice
80.The rules of natural justice apply in respect of
(a) decisions and directions made under sections 19, 21, 28 and 29, and subsections 37(1), 50(1) and 51(4); and
(b) hearings held by the Board of Inquiry.
Prohibitions
Registration required
81.(1) A person shall not practice medicine unless the person
(a) is registered in the Medical Register and holds a licence;
(b) is registered in the Temporary Register and holds a temporary permit;
(b.1) is entitled to practice virtual care under section 31.1 or 31.2; or
(c) is registered in the Education Register.
(2) A medical practitioner shall not practice medicine in a manner that contravenes any conditions or restrictions imposed on his or her practice by or under this Act.
(3) A person registered in the Education Register shall not practice medicine in a manner that contravenes any conditions or restrictions imposed on his or her practice by or under this Act. SNWT 2022,c.9,s.10.
Prohibitions respecting title
82.(1) A person shall not, unless they hold a licence, temporary permit or are entitled to practice virtual care under section 31.1 or 31.2,
(a) use any name, title or description that implies or is calculated to lead people to believe that he or she is a medical practitioner;
(b) use the title "Doctor", "Surgeon" or "Physician" or an abbreviation of these titles or any word or combination of words indicative of these titles or used in substitution of these titles; or
(c) advertise or hold himself or herself out in any way to be a medical practitioner.
(2) Paragraph (1)(b) does not prevent
(a) a graduate of a medical school from using the titles "Doctor" or "Physician" with his or her name;
(b) a person who is entitled to practice dentistry under the Dental Profession Act from using the titles "Doctor" or "Dental Surgeon" with his or her name;
(b.1) a person who is entitled to provide services under the Naturopathic Profession Regulations from using the title "Naturopathic Doctor" with his or her name;
(c) a veterinarian from using the titles "Doctor" or "Veterinary Surgeon" with his or her name; or
(d) a person who is entitled by reason of a degree granted by a university from using the title "Doctor" with his or her name, unless the use of the title as an occupational designation relating to the treatment of human ailments or physical disabilities may imply or mislead people to infer that the person is a medical practitioner.
SNWT 2010,c.19,s.14; SNWT 2019,c.2,s.1(2); SNWT 2022,c.9,s.11.
Practice with unregistered person
83.A medical practitioner shall not directly or indirectly associate himself or herself in the practice of medicine with a person unless that person
(a) is registered in the Medical Register and holds a licence;
(b) is registered in the Temporary Register and holds a temporary permit;
(b.1) is entitled to practice virtual care under section 31.1 or 31.2; or
(c) is registered in the Education Register.
Practice while suspended
84.A person whose licence or temporary permit is suspended or cancelled, or a person who is suspended or removed from the Education Register, shall not directly or indirectly be associated in the practice of medicine with a medical practitioner.
Offence and Punishment
Offence and punishment
85.Every person who contravenes or fails to comply with this Act or the regulations is guilty of an offence and liable, on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 90 days, or to both.
Limitation period
86.A prosecution for an offence under this Act or the regulations may not be commenced more than two years after the day the offence is alleged to have been committed.
Burden of proof
87.In a prosecution for an offence under this Act or the regulations, the burden of proof as to the entitlement of the person accused to practice medicine in the Northwest Territories is on the person accused.
Miscellaneous
Injunction
88.Notwithstanding any penalty that may be provided under this Act in respect of a contravention, a judge of the Supreme Court, on application commenced by the Minister by way of originating notice, may grant an injunction enjoining any person from doing any act that contravenes section 81, 82, 83 or 84.
Right to recover fees, remuneration
89.(1) An action may be commenced for the recovery of reasonable charges for professional services rendered and for the cost of any medicines, materials or appliances supplied by a medical practitioner, or by a person registered in the Education Register.
(2) An action may not be commenced for the recovery of any fee, reward or remuneration for professional services rendered, or for the cost of medicines, materials or appliances supplied by a person practicing medicine, unless he or she had been a medical practitioner or had been registered in the Education Register at the time the services were rendered, or the medicines, materials or appliances were supplied.
Exceptions
90.Nothing in this Act applies to or affects
(a) a medical practitioner in a province or another territory who, in the Northwest Territories, meets with a medical practitioner for the purpose of consultation;
(b) a person who dispenses drugs and provides medical treatment under the general direction of a medical practitioner to persons in areas remote from locations where the services of a medical practitioner are available;
(c) a person who provides first aid or temporary assistance in cases of emergency;
(d) a person who is engaged in the practice of dentistry in accordance with the Dental Profession Act;
(e) a person who is engaged in the practice of registered midwives in accordance with the Midwifery Profession Act;
(f) a person who is engaged in the practice of nursing in accordance with the Nursing Profession Act;
(f.1) a person who provides services in accordance with the Naturopathic Profession Regulations;
(g) a person who is engaged in the practice of pharmacy in accordance with the Pharmacy Act;
(h) a person who is engaged in the practice of psychology in accordance with the Health and Social Services Professions Act;
(h.1) a person who is engaged in the practice of the emergency medical services provider profession in accordance with the Health and Social Services Professions Act;
(i) a person who undertakes the domestic administration of family remedies;
(j) a person who practices the religious tenets of his or her religion without pretending a knowledge of medicine or surgery; or
(k) a person who manufactures, fits or sells artificial limbs or similar appliances.
Effects of other Acts
91.Nothing in the Dental Profession Act, Pharmacy Act or Veterinary Profession Act shall be held to prohibit a medical practitioner from doing, in the course of administering medical aid or treatment, anything for which a licence is required under those Acts, or from doing anything in an emergency to attempt to relieve the pain or suffering of a person or animal.
Limitation of liability
92.No action for damages or other proceedings may be commenced against the Minister, the Registrar, a member of the Committee, the Review Officer, a Complaints Officer, a Deputy Complaints Officer, an investigator, a facilitator or a member of the Board of Inquiry for anything done or not done by that person in good faith in the exercise of his or her powers or in the performance of his or her duties under this Act.
Service on Registrar
93.(1) Where this Act requires that a document be served on the Registrar, the document may be
(a) served personally on the Registrar;
(b) sent by registered mail to the office of the Registrar; or
(c) served by a method set out or referred to in the regulations.
(2) Where this Act requires that a document be served on a person other than the Registrar, the document may be
(a) served personally on the person;
(b) sent by registered mail to the person; or
(c) served by a method set out or referred to in the regulations.
(3) A document sent by registered mail to a respondent at the most recent address provided by him or her in writing to the Registrar is deemed to have been served on the seventh day following the day of its mailing, unless it is established that, through no fault of the respondent, he or she did not receive the document or received it at a later date.
(4) A document sent by registered mail to a complainant at the most recent address provided by him or her in writing to the Complaints Officer is deemed to have been served on the seventh day following the day of its mailing, unless it is established that, through no fault of the complainant, he or she did not receive the document or received it at a later date.
Regulations
Regulations
94.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) respecting the maintenance of the Medical Register, Temporary Register and Education Register and the form and content of these registers;
(b) establishing subdivisions of the Medical Register or Temporary Register;
(c) prescribing qualifications for registration in the Medical Register or Education Register;
(d) prescribing eligibility requirements for registration in the Medical Register or Education Register;
(e) respecting the recognition of medical schools, courses and examinations for the purposes of registration;
(f) respecting evidence, information, statements and supporting material that must be provided on an application to the Committee or the Registrar;
(g) respecting the issuance, renewal, suspension or cancellation of licences and temporary permits;
(h) respecting reinstatement in the Medical Register or Temporary Register following the suspension or cancellation of a licence or temporary permit;
(i) respecting the operation of the Committee;
(j) respecting the assessment by the Review Officer of the medical qualifications of persons who do not qualify for registration in the Medical Register under sections 10 or 14, or in the Temporary Register under section 23, and the registration in the Medical Register or Temporary Register of persons whose medical qualifications are assessed as satisfactory, including regulations respecting
(i) qualifications and eligibility requirements of applicants for assessment,
(ii) the application process,
(iii) conditions that may be imposed by the Registrar on the practice of medicine by a medical practitioner registered in accordance with the regulations,
(iv) registration of the applicant and the term and renewal of registration, and
(v) fees relating to an assessment;
respecting educational, training, practice, liability insurance and professional requirements for maintaining registration in the Medical Register, and the removal of the name of a person who does not meet the requirements; respecting the powers and duties of the Registrar, the Complaints Officer and Deputy Complaints Officers; respecting standards for the practice of medicine; establishing or adopting standards of practice, codes of ethics, continuing competency programs and the nature of those programs, and scope of practice frameworks and guidelines; respecting the practice of medicine by, and licencing requirements for,
(i) a person located outside the Northwest Territories in respect of a patient in the Northwest Territories, based on information about the patient transmitted by electronic or other means, or where the service is provided by electronic or other means, and
(ii) a person located in the Northwest Territories in respect of a patient located outside the Northwest Territories, based on information about the patient transmitted by electronic or other means, or where the service is provided by electronic or other means; respecting the publication, display, distribution or use of any form of advertising relating to the practice of medicine; prescribing acts and omissions that constitute unprofessional conduct;
(q) prescribing a period within which the Complaints Officer must review and inquire into a complaint;
(r) respecting the operation of the Board of Inquiry;
(s) respecting remuneration and expenses of members of the Board of Inquiry;
(t) respecting methods of providing notice or serving documents, including methods of substitutional service;
(u) prescribing and respecting fees to be paid under this Act; and
(v) respecting any other matter or thing the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.
(2) Before recommending that regulations be made under paragraph (1)(m.1), the Minister shall consult with the Northwest Territories Medical Association. SNWT 2022,c.9,s.13.
TRANSITIONAL
Definition of "former Act"
95.(1) In this section, "former Act" means the Medical Profession Act, R.S.N.W.T. 1988, c.M-9.
(2) If, on the coming into force of this section, a person is registered under the former Act in Part One of the Medical Register and holds an unexpired licence,
(a) the licence is deemed to be a licence under this Act and is subject to any terms and conditions specified under the former Act; and
(b) the person continues to be registered under this Act in Part One of the Medical Register.
(3) If, on the coming into force of this section, a person is registered under the former Act in Part Two of the Medical Register and holds an unexpired licence,
(a) the licence is deemed to be a licence under this Act and is subject to any terms and conditions specified under the former Act; and
(b) the person continues to be registered under this Act in Part Two of the Medical Register.
(4) If, on the coming into force of this section, a person is registered under the former Act in the Temporary Register and holds an unexpired permit,
(a) the permit is deemed to be a temporary permit under this Act and continues in effect for the period specified in accordance with the former Act, subject to any terms and conditions specified in accordance with that Act; and
(b) the person continues to be registered under this Act in the Temporary Register.
(5) On the coming into force of this section, a person registered in the Education Register under the former Act
(a) continues to be registered under this Act in the Education Register; and
(b) is subject to any limitations and restrictions imposed by the Medical Registration Committee under the former Act.
(6) Any action taken or proceeding commenced under the former Act in respect of a complaint, other than one described in subsection (7), shall be continued under this Act and this Act applies, with such modifications as the circumstances require, to the action or proceeding.
(7) Notwithstanding the repeal of the former Act, where a Board of Inquiry has commenced, before this section comes into force, a hearing in respect of a complaint made under the former Act, on the coming into force of this Act,
(a) the Board of Inquiry shall continue with, and the former Act shall continue to apply to, the complaint; and
(b) the appointment of members to the Board of Inquiry under the former Act shall continue for the purposes of the hearing until it is concluded.
CONSEQUENTIAL AMENDMENTS
Ophthalmic Medical Assistants Act
96.The Ophthalmic Medical Assistants Act is amended by
(a) repealing the definition "ophthalmologist" in section 1 and substituting the following:
"ophthalmologist" means a medical practitioner who, under the Medical Profession Act,
(a) is registered in the Medical Register as a specialist in ophthalmology, or
(b) is registered in the Temporary Register and may practice ophthalmology under a temporary permit;
(b) repealing subsection 17(1) and substituting the following:
Application
17.(1) Subsection (2) does not apply to a person
(a) practicing medicine under the Medical Profession Act; or
(b) performing an activity described in section 90 of the Medical Profession Act.
(1.1) Nothing in this section affects any liability that a person may have at law for any act or omission to act on the part of an ophthalmic medical assistant or student.
Pharmacy Act
97.Subparagraph 20(1)(a)(iii) of the Pharmacy Act is amended by adding "or a "graduate of a medical school"" after ""medical practitioner"".
REPEAL
Medical Profession Act
98.The Medical Profession Act, R.S.N.W.T. 1988, c.M-9, is repealed.
COMMENCEMENT
Coming into force
99.This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.