Midwifery Profession Act
Consolidated act- Citation
- S.N.W.T. 2003, c.21
- 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.2 amended by Pharmacy Act
- s.7 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.21 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.32 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.52 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.53 repealed by Miscellaneous Statute Law Amendment Act, 2010
- Coroners Act, s.1 → #sec_1
- Employment Standards Act, s.1
- Employment Standards Regulations, s.3.1
- Evidence Act, s.13
- Evidence Act, s.13
- Hospital and Health Care Facility Standards Regulations, s.1 → #sec_1
- Medical Profession Act, s.90
- Midwifery Profession General Regulations, s.3 → #sec_8__subsec_1
- Midwifery Profession General Regulations, s.5 → #sec_8__subsec_1
- Midwifery Profession General Regulations, s.5 → #sec_8__subsec_1
- Midwifery Profession General Regulations, s.6 → #sec_11__subsec_2
- Midwifery Profession General Regulations, s.6 → #sec_11__subsec_5
- Midwifery Profession General Regulations, s.7 → #sec_8__subsec_1
- Midwifery Profession General Regulations, s.7 → #sec_11__subsec_5__para_b
- Midwifery Profession General Regulations, s.7 → #sec_11__subsec_5__para_b
- Midwifery Profession General Regulations, s.7 → #sec_12
- Pharmacy Act, s.20 → #sec_1
- Pharmacy Act, s.20 → #sec_1
- Public Health Act, s.1 → #sec_1
- Vital Statistics Act, s.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,
"Complaints Officer" means the Complaints Officer appointed under subsection 15(1); (préposé aux plaintes)
"Deputy Complaints Officer" means the Deputy Complaints Officer appointed under subsection 15(1) and any additional Deputy Complaints Officer appointed under subsection 15(2); (Deputy Complaints Officer)
"health care professional" means a health care professional as defined in section 13 of the Evidence Act; (professionnel de la santé)
"Midwifery Practice Framework" means the framework established or adopted under section 5; (Cadre d’exercice de la profession de sage-femme)
"Midwifery Register" means the Midwifery Register referred to in subsection 7(1); (registre des sages-femmes)
"registered midwife" means a person who is registered in the Midwifery Register under subsection 8(1); (sage-femme autorisée)
"Registrar" means the Registrar appointed under section 6. (registraire)
PART 1
PRACTICE OF
REGISTERED MIDWIVES
Registered Midwives
Practice of registered midwives
2.(1) A registered midwife is entitled to apply midwifery knowledge, skills and judgment
(a) to provide counselling and education related to childbearing;
(b) to carry out assessments necessary to confirm and monitor pregnancies;
(c) to advise on and secure the further assessments necessary for the earliest possible identification of pregnancies at risk;
(d) to identify the conditions in the woman, fetus or newborn that necessitate consultation with or referral to a medical practitioner or other health care professional;
(e) to care for the woman and monitor the condition of the fetus during labour;
(f) to conduct spontaneous vaginal births;
(g) to examine and care for the newborn in the immediate postpartum period;
(h) to care for the woman in the postpartum period and advise her and her family on newborn and infant care and family planning;
(i) to take emergency measures when necessary;
(j) to perform, order or interpret prescribed screening and diagnostic tests;
(k) to perform episiotomies and amniotomies and repair episiotomies and lacerations not involving the anus, anal sphincter, rectum and urethra;
(l) to prescribe and administer drugs authorized in the Midwifery Practice Framework; and
(m) on the order of a medical practitioner relating to a particular client, to administer any drugs by the route and in the dosage specified by the medical practitioner.
(2) The entitlement in subsection (1) is subject to the regulations and the Midwifery Practice Framework.
(3) A registered midwife may use the title "Registered Midwife" or a variation or an equivalent in another language of the title, and may use after his or her name a designation that is an abbreviation of the title, variation or equivalent. SNWT 2006,c.24,s.49.
Deleted in Standing Committee, September 18, 2003.
Primary health care provider
4.A registered midwife may, in accordance with this Act, the regulations and the Midwifery Practice Framework, engage in the practice of registered midwives as a primary health care provider who
(a) is directly accessible to clients without referral from a member of another health profession;
(b) is authorized to provide the services of a registered midwife without being supervised by a member of another health profession; and
(c) consults with medical practitioners or other health care professionals if medical conditions exist or arise that may require management outside the scope of the practice of registered midwives.
Midwifery Practice Framework
Establishment of framework
5.(1) The Minister, on the recommendation of the Executive Council, may establish a framework respecting the practice of registered midwives.
(2) Where a framework respecting the practice of midwifery has been established by an association, person or body of persons in a province or another territory and is available in written form, the Minister, on the recommendation of the Executive Council, may adopt the framework or the framework as amended from time to time, and upon adoption the framework is in force in respect of registered midwives either in whole or in part or with such variations as may be specified in the instrument adopting the framework.
PART 2
REGISTRATION
Registrar
Appointment
6.The Minister shall appoint a Registrar.
Midwifery Register
Midwifery Register
7.(1) The Registrar shall maintain a record called the Midwifery Register, in which shall be entered
(a) the name, business address and business telephone number of every registered midwife;
(b) a notation of every suspension and reinstatement of a registered midwife’s registration and certificate of registration and cancellation of a registered midwife’s certificate of registration;
(c) a notation of every imposition, and every revocation of an imposition, of limitations, terms or conditions on the registered midwife’s entitlement to practise;
(d) a notation of every decision or order made under Part 3 by a Board of Inquiry or the Supreme Court, including every deemed order under subsection 22(4), in respect of each registered midwife who is subject to the decision or order; and
(e) any other information that is prescribed pertaining to registered midwives.
(2) Any person is entitled to inspect the Midwifery Register at any reasonable time. SNWT 2023,c.7,s.26.
Registration
Registration of registered midwives
8.(1) On application and payment of the prescribed fee, the Registrar shall, if satisfied that the applicant meets the qualifications set out in subsection (2),
(a) register the applicant in the Midwifery Register as a registered midwife; and
(b) issue a certificate of registration to the applicant.
(2) An applicant is qualified to be a registered midwife if the applicant
(a) is of good character, is competent and fit to engage in the practice of registered midwives and has a satisfactory professional reputation;
(b) is registered and in good standing as a midwife in a province or is eligible to be registered as a midwife in a province; and
(c) meets any other requirements that are prescribed.
Refusal to register
9.Where an application for registration as a registered midwife is refused under subsection 8(1), the Registrar shall provide the applicant with a written notice of and reasons for the refusal.
Appeal to Supreme Court
10.(1) A person whose application for registration as a registered midwife is refused may, within 30 days after receiving written notice of and reasons for the refusal, appeal the refusal to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the Registrar.
(2) If, on hearing an appeal under subsection (1), the Supreme Court finds that the refusal to register is unreasonable, the Supreme Court may
(a) make an order requiring the Registrar to register the person as a registered midwife and issue a certificate of registration to the person; or
(b) make any further order that is warranted in the circumstances.
(3) The Supreme Court, on hearing an appeal under subsection (1), may make any order as to costs that it considers appropriate.
(4) An order made under subsection (2) is final and conclusive and shall be acted upon without delay by the Registrar.
Annual Renewal of Certificate
Duration of certificate
11.(1) A certificate of registration of a registered midwife expires on December 31 next following the date of issue or renewal.
(2) On application made before the expiry of a certificate of registration under subsection (1) and payment of the prescribed fee for renewal, the Registrar shall, if satisfied that the registered midwife is eligible under subsection (3), renew the certificate of registration of the registered midwife.
(3) A registered midwife is eligible for an annual renewal of his or her certificate of registration if he or she
(a) is registered and in good standing as a midwife in a province or has satisfactorily completed the continuing competence program for registered midwives established or adopted by the regulations; and
(b) meets any other requirements that are prescribed.
(4) A person who fails to renew his or her certificate of registration shall be removed from the Midwifery Register.
(5) If a person has been removed from the Midwifery Register under subsection (4), the Registrar may reinstate the person’s registration and issue a certificate of registration to the person on
(a) application to reinstate the person’s registration, if the application is made within 60 days after removal from the Midwifery Register under subsection (4); and
(b) payment of the prescribed fee for reinstatement and the prescribed fee for renewal.
Reinstatement following suspension
12.Where a registered midwife has been suspended under section 32 or 35, the Registrar shall, on payment of any fees required under the regulations, reinstate the person in the Midwifery Register
(a) where the suspension is for a stated period, on the expiry of that period; and
(b) where terms and conditions for reinstatement were set by a Board of Inquiry or a court, on being notified by the Complaints Officer that the terms and conditions have been met.
Professional Liability Insurance
Professional liability insurance
13.A registered midwife shall carry professional liability insurance with an insurer acceptable to the Minister and in an amount that is at least the minimum level of coverage required by the Minister.
PART 3
REVIEW OF CONDUCT
Interpretation
Definitions
14.(1) In this Part,
"complainant" means
(a) a person who files a complaint under subsection 19(1),
(b) the Complaints Officer, where he or she files a complaint under subsection 19(4) or refers further allegations to a Board of Inquiry under subsection 26(2), or
(c) the Deputy Complaints Officer referred to in paragraph 16(1)(b), where he or she refers further allegations to a Board of Inquiry under subsection 26(2); (plaignant)
"member of the public" means a person resident in the Northwest Territories who is not and never has been registered under this Act and who is not a member of a health profession regulated by an enactment of a province or territory; (membre du public)
"registered midwife" includes a former registered midwife. (sage-femme autorisée)
(2) For the purposes of sections 18, 22 and 27 to 34, a reference to a complaint includes a reference to allegations referred to a Board of Inquiry under subsection 26(2).
Complaints Officer
Appointments
15.(1) The Minister shall appoint a Complaints Officer and a Deputy Complaints Officer.
(2) The Minister may appoint one or more additional Deputy Complaints Officers.
Complaints Officer as complainant
16.(1) Where the Complaints Officer is a complainant,
(a) he or she shall not perform or exercise the duties and powers of the Complaints Officer in respect of that complaint or any other complaint specified by the Minister under paragraph (b); and
(b) the Deputy Complaints Officer shall perform and exercise the duties and powers of the Complaints Officer in respect of that complaint, and if the Minister considers it appropriate in the circumstances, any other complaint specified by the Minister.
(2) Where the Deputy Complaints Officer referred to in paragraph (1)(b) is a complainant,
(a) he or she shall not
(i) perform or exercise the duties and powers of the Complaints Officer in respect of that complaint or any other complaint specified by the Minister under subparagraph (b)(i), or
(ii) perform the duty of the Deputy Complaints Officer under subsection 26(3); and
(b) another Deputy Complaints Officer shall
(i) perform and exercise the duties and powers of the Complaints Officer in respect of that complaint, and if the Minister considers it appropriate in the circumstances, any other complaint specified by the Minister, and
(ii) perform the duty of the Deputy Complaints Officer under subsection 26(3).
(3) Where the Complaints Officer or the Deputy Complaints Officer referred to in paragraph (1)(b) is a complainant, a reference to "Complaints Officer" in this Act shall be read as a reference to the Deputy Complaints Officer referred to in paragraph (1)(b) or (2)(b), as the case may be, except in the definition "Complaints Officer" in section 1, paragraph (b) of the definition "complainant" in subsection 14(1), section 15, this section and subsections 19(1), (4) and (5).
Unprofessional Conduct
Unprofessional conduct
17.(1) An act or omission of a registered midwife constitutes unprofessional conduct if a Board of Inquiry finds that the registered midwife
(a) engaged in conduct that
(i) demonstrates a lack of knowledge, skill or judgment in the practice of registered midwives,
(ii) is detrimental to the best interests of the public,
(iii) harms the standing of the midwifery profession,
(iv) contravenes this Act or the regulations, or
(v) is prescribed as unprofessional conduct; or
(b) provided services of a registered midwife when his or her capacity to provide those services, in accordance with accepted standards, was impaired by a disability or a condition, including an addiction or an illness.
(2) Examples of unprofessional conduct include:
(a) practice that fails to meet accepted standards;
(b) the abandonment of a patient in danger without first ensuring that the patient has obtained alternative medical or nursing services or services of another registered midwife;
(c) verbal or physical abuse of a patient;
(d) irresponsible disclosure of confidential information about a patient;
(e) providing false or misleading information respecting birth, death, notice of disease, state of health, vaccination, course of treatment or any other matter relating to life or health;
(f) the impersonation of another registered midwife or health care professional;
(g) obtaining registration or employment through misrepresentation or fraud;
(h) the failure, or refusal, without reasonable cause, to respond to an inquiry, or to comply with a demand for the production of documents, records or other materials made by an investigator under subsection 24(1);
(i) a conviction for a criminal offence, the nature of which could affect the practice of registered midwives.
Complaints
Timely resolution
18.Complaints shall be dealt with under this Part in a timely manner.
Complaints
19.(1) A person who wishes to make a complaint that an act or omission of a registered midwife constitutes unprofessional conduct may file a complaint with the Complaints Officer.
(2) A complaint respecting the conduct of a registered midwife who is no longer registered in the Midwifery Register, may be dealt with under this Part if it is filed under subsection (1) within two years after the day on which the registered midwife ceased to be registered.
(3) A complaint filed under subsection (1) must be in writing and must include the name of and a mailing address for the complainant.
(4) In the absence of a complaint under subsection (1), if the Complaints Officer has evidence that the conduct of a registered midwife is likely to pose a significant risk to the health or safety of the public, the Complaints Officer shall file a written complaint with the Deputy Complaints Officer referred to in paragraph 16(1)(b).
(5) On receiving a complaint filed under subsection (1) or (4), the Complaints Officer or the Deputy Complaints Officer, if the Complaints Officer filed the complaint, shall cause the registered midwife who is the subject of the complaint to be served with written notice of the complaint and with information about the substance of the complaint.
Review and inquiry
20.(1) The Complaints Officer shall review and inquire into a complaint to the extent that he or she determines is warranted for the purposes of this section and section 22.
(2) The Complaints Officer may dismiss a complaint if he or she finds that
(a) the allegations made in the complaint do not pertain to conduct that is regulated under this Act or the regulations; or
(b) the complaint is frivolous or vexatious.
(3) On dismissing a complaint under this section, the Complaints Officer shall cause the complainant and the registered midwife who is the subject of the complaint to be served with written notice of and reasons for the dismissal.
Suspension
21.(1) Where the conduct of a registered midwife is being reviewed under this Part, the Complaints Officer may
(a) suspend the registered midwife’s registration and certificate, if the Complaints Officer determines that a suspension is necessary to protect the health or safety of the public; or
(b) impose any limitations, terms or conditions on the registered midwife’s entitlement to practise that the Complaints Officer determines is necessary to protect the health or safety of the public.
(2) Where the Complaints Officer imposes a suspension under paragraph (1)(a), or imposes limitations, terms or conditions on a registered midwife’s entitlement to practise under paragraph (1)(b), the Complaints Officer shall
(a) cause the registered midwife to be served with written notice of and reasons for the suspension or the imposition of limitations, terms or conditions; and
(b) cause the Registrar to be served with written notice of the suspension or the imposition of limitations, terms or conditions.
(3) A suspension under paragraph (1)(a) or the imposition of limitations, terms or conditions under paragraph (1)(b),
(a) is not effective until written notice of and reasons for the suspension, or the imposition of limitations, terms or conditions, is served on the registered midwife who is the subject of the complaint; and
(b) is only effective until
(i) the complaint is settled and the settlement is approved under section 22,
(ii) the complaint is dismissed under subsection 25(1), or
(iii) a decision is rendered in respect of the complaint under sections 32 to 34.
(4) A suspension under paragraph (1)(a) or the imposition of limitations, terms or conditions under paragraph (1)(b) shall be revoked if the Complaints Officer determines that it is no longer necessary to protect the health or safety of the public.
(5) Where a suspension or the imposition of limitations, terms or conditions is revoked under subsection (4), the Complaints Officer shall notify the Registrar without delay and the Registrar shall, without delay,
(a) in the case of the revocation of a suspension, reinstate the registered midwife in the Midwifery Register; and
(b) in the case of the revocation of the imposition of limitations, terms or conditions, enter a notation of the revocation in the Midwifery Register.
(6) A registered midwife who is suspended under paragraph (1)(a), or who has limitations, terms or conditions imposed on his or her entitlement to practise under paragraph (1)(b), may appeal the Complaints Officer’s decision to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the Minister.
(7) If, on hearing an appeal under subsection (6), the Supreme Court finds that the suspension of the registered midwife or the imposition of limitations, terms or conditions on the registered midwife’s entitlement to practise is unreasonable, the Supreme Court may
(a) make a decision or an order that reverses or modifies 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.
(8) The Supreme Court, on hearing an appeal under subsection (6), may make any order as to costs that it considers appropriate. SNWT 2023,c.7,s.26.
Alternative Dispute Resolution
Alternative dispute resolution
22.(1) At any time after a complaint is filed, but before a hearing into the complaint is complete, the Complaints Officer may refer the complaint to an alternative dispute resolution process if
(a) the complainant and the registered midwife who is the subject of the complaint agree to attempt to have the complaint settled through the process; and
(b) the Complaints Officer is of the opinion that an attempt to settle the complaint through the process is appropriate in the circumstances.
(2) If alternative dispute resolution processes are prescribed, the alternative dispute resolution process referred to in subsection (1) must be one that is prescribed.
(3) No settlement of a complaint under this section comes into effect unless the Complaints Officer approves the terms and conditions of the settlement.
(4) The terms and conditions of the settlement of a complaint approved under subsection (3) are deemed to be orders of a Board of Inquiry under subsection 32(2) or section 33, and any contravention of or failure to fulfill the terms and conditions may be treated in the same manner as a contravention of or a failure to fulfill an order of a Board of Inquiry made under those sections.
(5) If a complaint referred to an alternative dispute resolution process, or part of it, is not settled within 60 days after the referral or within such further period of time as is agreed to by the Complaints Officer, the complainant and the registered midwife who is the subject of the complaint, then the complaint, or the unsettled part, shall be dealt with under this Part as if there had been no referral to an alternative dispute resolution process.
Investigation
Designation of investigator
23.The Complaints Officer shall, in writing, designate one or more investigators to investigate any complaint that
(a) is not dismissed under subsection 20(2);
(b) is not referred to an alternative dispute resolution process under subsection 22(1); or
(c) was referred to an alternative dispute resolution process under subsection 22(1) that did not result in a settlement of the complaint and approval of the settlement.
Inquiries and production
24.(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 complaint; and
(b) demand the production for examination of documents, records and other materials that are or may be relevant to the complaint.
(2) An investigator may copy documents, records and materials that are produced under subsection (1).
(3) Where a person refuses or fails to respond to any inquiry or to comply with a demand made by an investigator under subsection (1), the Complaints Officer may apply to the Supreme Court for an order requiring the person to respond to the inquiry or to comply with the demand.
(4) Where a registered midwife who is the subject of a complaint fails or refuses, without reasonable cause, to respond to any inquiry or to comply with a demand made by an investigator under subsection (1), the investigator may file a complaint with the Complaints Officer and the failure or refusal may be found by a Board of Inquiry to be unprofessional conduct.
(5) An investigator may investigate any other matter that arises during the course of an investigation that may constitute unprofessional conduct by the registered midwife who is the subject of the complaint.
(6) On completing an investigation, the investigator shall provide a written report to the Complaints Officer.
Dismissal of complaint
25.(1) On review of an investigation report provided under subsection 24(6), the Complaints Officer may dismiss a complaint if he or she finds that
(a) the allegations made in the complaint do not pertain to conduct that is regulated under this Act or the regulations;
(b) the complaint is frivolous or vexatious; or
(c) there is insufficient evidence of unprofessional conduct to provide a reasonable basis for referring the complaint to a hearing.
(2) On dismissing a complaint under this section, the Complaints Officer shall cause the complainant and the registered midwife who is the subject of the complaint to be served with written notice of and reasons for the dismissal.
Hearing
Establishment of Board of Inquiry
26.(1) If a complaint is not dismissed under subsection 25(1) or referred to an alternative dispute resolution process under subsection 22(1),
(a) the Complaints Officer shall notify the Minister who shall
(i) establish a Board of Inquiry to hear the matter, composed of at least three members appointed by the Minister, including two persons who are registered midwives or who are registered and in good standing as midwives in a province or another territory and one person who is a member of the public, and
(ii) designate one member as chairperson of the Board of Inquiry; and
(b) the Complaints Officer shall refer the complaint to the Board of Inquiry for a hearing.
(2) If the investigation report into the complaint contains information that, in the opinion of the Complaints Officer, may support allegations of unprofessional conduct by the registered midwife who is the subject of the complaint, in addition to those contained in the complaint, the Complaints Officer may refer the further allegations to the Board of Inquiry for a hearing.
(3) Where the Complaints Officer refers further allegations to the Board of Inquiry under subsection (2), the Deputy Complaints Officer referred to in paragraph 16(1)(b) shall cause the registered midwife who is the subject of the complaint to be served with written notice of those allegations.
Hearing
27.(1) A Board of Inquiry shall conduct a hearing into a complaint that is referred to it.
(2) The Board of Inquiry shall cause the complainant and the registered midwife who is the subject of the complaint to be served with written notice stating the date, time and place of the hearing at least 30 days before its commencement.
(3) Subject to subsection (4), if a person appointed to a Board of Inquiry under subparagraph 26(1)(a)(i) becomes unable to continue with the conduct of the hearing into the complaint, the Board of Inquiry may, in the absence of the member, continue with and complete the hearing and render a decision.
(4) No Board of Inquiry may continue with less than two members, or without an appointed member of the public.
(5) A Board of Inquiry
(a) shall adjourn a hearing into a complaint if notified by the Complaints Officer that the complaint is being referred to an alternative dispute resolution process; and
(b) shall only resume a hearing into a complaint if notified by the Complaints Officer that the complaint has not been settled.
Assistance for hearing
28.(1) The Board of Inquiry may engage, at the expense of the Government of the Northwest Territories, any legal or other assistance that it considers necessary for the conduct of any hearing.
(2) A complainant has the same right to attend and be heard at a hearing as a registered midwife who is the subject of a complaint.
(3) A complainant and a registered midwife who is the subject of a complaint may be represented by legal counsel at a hearing.
(4) A hearing must be open to the public unless the Board of Inquiry is of the opinion that the interests of a person, other than the registered midwife who is the subject of the complaint, may be detrimentally affected if the hearing, or part of the hearing, is not held in private.
(5) The Board of Inquiry may, subject to this Act and the regulations, make rules of procedure respecting the conduct of hearings.
(6) If a registered midwife who is the subject of a complaint does not attend a hearing into the complaint, the Board of Inquiry, on proof of service of the notice of hearing, may proceed with the hearing and take any action authorized by this Act without further notice to the registered midwife.
Notice to attend hearing
29.(1) The attendance of a witness before a hearing and the production of documents, records or other materials may be enforced by a notice that is issued by the Complaints Officer and served on the witness, requiring the witness to attend and stating the date, time and place at which the witness is to attend and the documents, records and other materials, if any, that the witness is required to produce.
(2) On the written request of the registered midwife who is the subject of the complaint, the complainant, or legal counsel for the registered midwife or the complainant, the Complaints Officer shall, without charge, issue and deliver to that person the notices that he or she may require for the attendance of witnesses or the production of documents, records or other materials.
(3) For the purpose of obtaining the 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 complainant or the registered midwife who is the subject of the complaint, may make an order appointing an examiner for the obtaining of the evidence of the witness under the Rules of the Supreme Court, with such modifications as the circumstances may require.
(4) A witness, other than the registered midwife who is the subject of the complaint, who has been served with a notice to attend or a notice for the production of documents, records or other materials, is entitled to be paid the usual fees payable to witnesses in an action in the Supreme Court by the party requiring the witness to attend or to produce.
(5) Any Board of Inquiry member has the power to administer an oath or affirmation to a witness who is to give evidence before the Board of Inquiry.
(6) Evidence may be given before a Board of Inquiry in any manner that it considers appropriate, including by telephone or by an audiovisual method, and a Board of Inquiry 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 proper.
Civil contempt
30.(1) On application to the Supreme Court in accordance with the Rules of the Supreme Court, proceedings for civil contempt of court may be brought against a witness
(a) who fails
(i) to attend before a hearing of the Board of Inquiry after receiving a notice to attend,
(ii) to produce documents, records or other materials as required by a notice to produce them, or
(iii) in any way to comply with a notice referred to in subparagraph (i) or (ii); or
(b) who refuses to be sworn or affirmed, or to answer any question allowed by the Board of Inquiry before whom the hearing is being conducted.
(2) If the witness referred to in subsection (1) is the registered midwife who is the subject of the complaint, the failure or refusal may be held by the Board of Inquiry to be unprofessional conduct.
Compellable witness
31.(1) A registered midwife and any other person who, in the opinion of the Board of Inquiry, has knowledge in respect of a complaint, is a compellable witness at a hearing into that complaint.
(2) A registered midwife may be examined on oath or affirmation on all matters relevant to the hearing and shall not be excused from answering a question on the ground of professional privilege or on the ground that the answer might
(a) tend to incriminate the registered midwife,
(b) subject the registered midwife to punishment under the disciplinary provisions of this Act, or
(c) tend to establish the liability of the registered midwife
(i) in a civil proceeding at the instance of the Government of the Northwest Territories or any person, or
(ii) to prosecution under an Act of the Northwest Territories or an Act of Canada,
but if the answer so given
(d) tends to incriminate the registered midwife,
(e) subjects the registered midwife to punishment, or
(f) tends to establish the liability of the registered midwife,
it may not be used or received against the registered midwife in any civil proceedings or in any proceedings under any other Act of the Northwest Territories, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.
Decision
Action where conduct not unprofessional
32.(1) If, on completion of a hearing, the Board of Inquiry finds that the conduct under review is not unprofessional conduct, the Board of Inquiry shall dismiss the complaint.
(2) If, on completion of a hearing, the Board of Inquiry finds that an act or omission of a registered midwife constitutes unprofessional conduct, the Board of Inquiry may, by order:
(a) reprimand the registered midwife;
(b) suspend the registration and certificate of the registered midwife for a stated period;
(c) suspend the registration and certificate of the registered midwife until the Complaints Officer is satisfied
(i) that the registered midwife has completed a specified course of studies or obtained supervised practical experience,
(ii) as to the general competence of the registered midwife, or in the registered midwife’s competence in a particular area of practice, or
(iii) that a disability or condition is unlikely to result in further unprofessional conduct;
(d) accept, in place of a suspension, the registered midwife’s undertaking to limit his or her practice for a stated period or until the Complaints Officer is satisfied that the limit is no longer required;
(e) impose limitations, terms or conditions on the registered midwife’s entitlement to practise for a stated period or until the Complaints Officer is satisfied that they are no longer required;
(f) direct the registered midwife to complete a specified course of studies or to satisfy the Complaints Officer as to the registered midwife’s competence generally, or in a particular area of practice;
(g) direct the registered midwife to take counselling or to undergo treatment that, in the opinion of the Board of Inquiry, is appropriate;
(h) direct the registered midwife to satisfy the Complaints Officer that a condition or disability has been, or is being, successfully treated, or that the condition or disability does not impair the registered midwife’s capacity to provide midwifery services in accordance with accepted standards;
(i) direct the registered midwife to waive, reduce or repay a fee for services rendered by the registered midwife that, in the opinion of the Board of Inquiry, were not rendered or were rendered improperly;
(j) remove the registered midwife from the Midwifery Register and cancel the registered midwife’s certificate;
(k) make any further or other order that it considers appropriate.
Costs and fine
33.The Board of Inquiry may, in addition to the orders that may be made under subsection 32(2), order the registered midwife to pay to the Government of the Northwest Territories, within the time stated in the order,
(a) all or part of the costs of the hearing;
(b) a fine not exceeding $5,000; or
(c) both costs and a fine.
Decision in writing
34.(1) A decision or an order of a Board of Inquiry at the completion of a hearing into a complaint must be in writing and must include the findings of fact on which the decision or order was based and the reasons for the decision or order.
(2) If all or part of a hearing is held in private under subsection 28(4), the Board of Inquiry may issue directions to the Complaints Officer concerning the manner in which the decision or order must be altered before it is included in the public register referred to in section 43.
(3) The Board of Inquiry shall
(a) cause a copy of the decision or order to be served on the complainant and the registered midwife who is the subject of the complaint; and
(b) notify the Registrar in writing of the decision or order.
General
Contravention of order
35.(1) If the Complaints Officer is satisfied that a registered midwife has contravened or failed to fulfill an order under subsection 32(2), the Complaints Officer may, without a further hearing, order that the registration and certificate of the registered midwife be suspended and the Complaints Officer may provide in the order any terms and conditions that he or she considers appropriate for reinstatement.
(2) The Complaints Officer shall cause the registered midwife to be served with a copy of any order made under subsection (1).
(3) If the Complaints Officer is satisfied that a registered midwife who has been ordered to pay a fine, costs or both under section 33, has failed to pay the amount within the stated time, the Complaints Officer may suspend the registration and certificate of the registered midwife until the amount is paid, and shall cause the registered midwife to be served with written notice of the suspension.
Recovery of fine or costs
36.A fine or costs ordered to be paid under this Part is a debt due to the Government of the Northwest Territories and may be recovered by the Government of the Northwest Territories by civil action for debt.
Prohibition
37.A registered midwife whose registration and certificate are suspended under this Part shall not engage in the practice of registered midwives until notified by the Complaints Officer that the suspension has expired in accordance with its terms or that the suspension is revoked and he or she has been reinstated in the Midwifery Register.
Appeal
Appeal
38.A registered midwife who is subject to a decision or an order made under subsection 32(2) or section 33, or a complainant, may, within 30 days after service of the decision or order, appeal the decision or order to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the Complaints Officer.
Appeal on the record
39.An appeal to the Supreme Court shall be based on the record of the hearing before the Board of Inquiry and on the decision or order of the Board of Inquiry.
Security for costs
40.Where a complainant other than the Complaints Officer appeals a decision or order to the Supreme Court, the Supreme Court may, on application by the registered midwife who is subject to the decision or order under appeal, require the complainant to provide a sum as security for costs.
Decision
41.(1) The Supreme Court, on hearing an appeal from a decision or an order of a Board of Inquiry, may
(a) make any finding of fact that, in its opinion, should have been made;
(b) make an order that affirms, reverses or modifies the decision or order of the Board of Inquiry;
(c) refer the matter, or any issue, back to the Board of Inquiry for further consideration; or
(d) provide any direction that it considers appropriate.
(2) The Supreme Court, on hearing an appeal from a decision or an order of a Board of Inquiry, may make any order as to costs that it considers appropriate.
No further appeal
42.A decision or an order of the Supreme Court on an appeal under section 41 is final and conclusive and is not subject to further appeal.
Public Register of Decisions and Orders
Public register
43.The Minister shall maintain a public register of decisions and orders made by Boards of Inquiry under this Act.
PART 4
GENERAL
Continuing Competence Program
Establishment or adoption of program
44.The Commissioner, on the recommendation of the Minister, may,
(a) by regulation, establish a continuing competence program for registered midwives; or
(b) where a continuing competence program for the midwifery profession has been established by an association, person or body of persons and is available in written form, adopt by regulation the program or the program as amended from time to time, and upon adoption the program is in force in respect of registered midwives either in whole or in part or with such variations as may be specified in the regulations.
Code of Professional Conduct
Establishment or adoption of code
45.The Commissioner, on the recommendation of the Minister, may,
(a) by regulation, establish a code of rules or standards respecting the conduct of registered midwives; or
(b) where a code of rules or standards respecting the conduct of midwives has been established by an association, person or body of persons and is available in written form, adopt by regulation the code or the code as amended from time to time, and upon adoption the code is in force in respect of registered midwives either in whole or in part or with such variations as may be specified in the regulations.
Miscellaneous
Right to recover reasonable charges
46.A person may bring an action for the recovery of reasonable charges for professional services, advice or visits provided and the costs of any materials or appliances supplied by that person during the time the person was a registered midwife.
Liability
47.(1) No action lies against the Registrar, the Complaints Officer, a mediator, an investigator or a member of a Board of Inquiry for anything done or not done by that person in good faith in the exercise of his or her powers or the performance of his or her duties.
(2) No action for defamation may be founded on a communication regarding the conduct of a registered midwife if the communication is made or is published in accordance with this Act or the regulations by a person described in subsection (1) in good faith and in the course of any proceedings under this Act or the regulations.
Service on Minister
48.(1) Where this Act requires that a notice or other document be served on the Minister, the notice or document may be
(a) served personally on the Complaints Officer; or
(b) sent by registered mail to the office of the Complaints Officer.
(2) Where this Act requires that a notice or document be served on a person, the notice or document may be
(a) served personally on the person; or
(b) sent by registered mail to the person.
(3) If a person to be served is a complainant who has filed a complaint under subsection 19(1), the address provided by that person in his or her complaint is deemed to be his or her address unless he or she has provided the Complaints Officer with written notice of another address.
(4) If a person to be served is a registered midwife, the most recent address provided by him or her in writing to the Registrar is deemed to be his or her address.
Emergencies
Emergency midwifery services
49.Nothing in this Act restricts the rendering of midwifery services in case of an emergency.
Emergency services
50.(1) Nothing in the Dental Profession Act, the Medical Profession Act, the Nursing Profession Act, the Pharmacy Act or the Veterinary Profession Act prohibits a registered midwife from
(a) in the course of administering emergency medical aid or treatment, doing anything for which a licence is required under those Acts; or
(b) doing anything in an emergency in an attempt to relieve the pain and suffering of a person or animal.
(2) A registered midwife shall not be held liable for civil damages as a result of acts or omissions performed in good faith under subsection (1) unless it is established that injuries or death were caused by gross negligence on his or her part.
Offence and Punishment
Prohibitions
51.(1) No person shall
(a) hold himself or herself out to the public by any title, designation or description as a registered midwife or under that title, designation or description render or offer to render services of any kind to a person for a fee or other remuneration, unless he or she is a registered midwife;
(b) use the title "Registered Midwife" or a variation or an equivalent in another language of the title or a designation that is an abbreviation of the title, variation or equivalent, unless he or she is a registered midwife; or
(c) knowingly employ or engage a person to provide the services of a registered midwife unless the person so employed or engaged is a registered midwife.
(2) Every person who contravenes 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.
(3) A prosecution for an offence under this Act or the regulations may not be commenced more than two years after the day when the offence is alleged to have been committed.
(4) In a prosecution under this Act, a person against whom a charge is laid has the burden of proving that, at the time of the alleged offence, the person was a registered midwife.
Regulations
Regulations
52.The Commissioner, on the recommendation of the Minister, may make regulations
(a) prescribing screening and diagnostic tests for the purposes of paragraph 2(1)(j);
(b) respecting the prescribing and administering of drugs by a registered midwife;
(c) respecting standards for the practice of registered midwives;
(d) prescribing conditions, limits and restrictions on the practice of registered midwives;
(e) respecting the powers and duties of the Registrar and the Complaints Officer;
(f) prescribing other information pertaining to registered midwives that shall be entered in the Midwifery Register;
(g) prescribing fees and requiring the payment of fees;
(h) respecting the establishment of registration criteria and requiring the Registrar to consider the registration criteria when considering an application under subsection 8(1);
(i) respecting the information that the Registrar may require a registered midwife to supply annually or at such other times as the Registrar may consider appropriate;
(j) prescribing other requirements that an applicant must meet to be qualified to be a registered midwife;
(k) respecting applications under subsections 8(1) and 11(2) and (5);
(l) respecting the manner of proof as to matters required to be proven by applicants for registration as registered midwives;
(m) respecting the issuance, suspension and cancellation of certificates of registration and the annual renewal of certificates of registration;
(n) prescribing other requirements that a registered midwife must meet to be eligible for an annual renewal of his or her certificate of registration;
(o) respecting the suspension or removal of a person from the Midwifery Register and the reinstatement of persons who have been suspended or removed from the Midwifery Register;
(p) prescribing acts and omissions of registered midwives that constitute unprofessional conduct;
(q) establishing a procedure for the suspension of a registered midwife’s registration and certificate, or for the imposition of any limitations, terms or conditions on his or her entitlement to practise, while his or her conduct is under review;
(r) prescribing alternative dispute resolution processes that may be used in the settlement of complaints of unprofessional conduct;
(s) respecting investigations into the conduct of registered midwives;
(t) respecting rules of procedure regarding the conduct of hearings into complaints of unprofessional conduct;
(u) respecting continuing competence and the establishment or adoption of a continuing competence program for registered midwives;
(v) respecting the establishment or adoption of a code of rules or standards respecting the conduct of registered midwives; and
(w) respecting other matters that are provided for in this Act or any other matter that the Commissioner considers necessary or advisable to carry out the intent and purposes of this Act.
- 57. Repealed, SNWT 2010,c.16,Sch.B,s.13.