Nursing Profession Act

(1) In this Act,

"Appeals Committee" means the committee established under subsection 91(1); (comité d’appel)

"approved nursing education program" means a nursing education program offered in the Northwest Territories or Nunavut and approved by the Board of Directors under paragraph 27(1)(a); (programme d’études en sciences infirmières approuvé)

"Board of Directors" means the governing body of the college established under subsection 22(1); (conseil d’administration)

"Board of Inquiry" means a Board of Inquiry established under subsection 72(2); (commission d’enquête)

"bylaws" means the bylaws of the college made under section 20, 21, 15 or 114; (règlements administratifs)

"clinical support tools" means clinical support tools for the practice of registered nurse authorized prescribers or registered psychiatric nurse authorized prescribers established or adopted under subparagraph 21(1)(a)(iii) or (b)(iii); (outils de soutien clinique)

"college" means the College and Association of Nurses of the Northwest Territories and Nunavut continued under subsection 16(1); (ordre)

"competence" means the combined knowledge, skills and judgment necessary to meet accepted standards in the practice of nursing; (compétences)

"Complaints Officer" means the Complaints Officer appointed under section 54; (préposé aux plaintes)

"Education Advisory Committee" means the committee established under section 25; (comité consultatif en matière de formation) "Executive Director" means the Executive Director of the college appointed under subsection 24(1); (directeur général)

"licensed practical nurse" means a person who is registered under subsection 36(1); (infirmière auxiliaire)

"Licensed Practical Nurse Register" means the Licensed Practical Nurse Register maintained under paragraph 28(1)(c); (registre des infirmières auxiliaires)

"member" means, unless the context indicates otherwise, a member of the college under subsection 16(3); (membre)

"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 and never has been a member of the nursing profession regulated by an enactment of a province or territory; (membre du public)

"member of the public in Nunavut" means a person resident in Nunavut who is not and never has been registered under this Act and who is not and never has been a member of the nursing profession regulated by an enactment of a province or territory; (membre du public au Nunavut)

"membership examination" means a membership examination for nurses recognized by the Board of Directors under subsection 27(2); (examen d’adhésion)

"Northwest Territories Branch" means the Northwest Territories Branch of the college continued under paragraph 19(1)(a); (Section des Territoires du Nord-Ouest)

"Nunavut Branch" means the Nunavut Branch of the college continued under paragraph 19(1)(b); (Section du Nunavut)

"nurse practitioner" means a person who is registered under subsection 34(1); (infirmière praticienne)

"nurse practitioner guidelines" means guidelines respecting the practice of nurse practitioners approved by the Minister under subsection 8(2); (lignes directrices de la profession d’infirmière praticienne) "Nurse Practitioner Register" means the Nurse Practitioner Register maintained under paragraph 28(1)(b); (registre des infirmières praticiennes)

"nursing designation" means any of the following nursing designations for active members:

"practice of nursing" means the practice of registered nurses, registered nurse authorized prescribers, nurse practitioners, licensed practical nurses, registered psychiatric nurses, registered psychiatric nurse authorized prescribers or temporary certificate holders; (exercice de la profession infirmière)

"Professional Conduct Committee" means the committee established under subsection 52(1); (comité de déontologie)

"public register" means the public register maintained under subsection 98(1); (registre public)

"recognized nursing education program" means a nursing education program offered outside the Northwest Territories or Nunavut and recognized by the Board of Directors under paragraph 27(1)(b); (programme d’études en sciences infirmières reconnu)

"register" means a register maintained under subsection 28(1); (registre)

"registered nurse" means a person who is registered under subsection 30(1); (infirmière autorisée)

"registered nurse authorized prescriber" means a registered nurse who holds a certificate of registration that includes the notation "authorized prescriber" issued under subsection 32(1); (infirmière autorisée prescriptrice)

"Registered Nurse Register" means the Registered Nurse Register maintained under paragraph 28(1)(a); (registre des infirmières autorisées)

"registered psychiatric nurse" means a person who is registered under subsection 38(1); (infirmière psychiatrique autorisée)

"registered psychiatric nurse authorized prescriber" means a registered psychiatric nurse who holds a certificate of registration that includes the notation "authorized prescriber" issued under subsection 40(1); (infirmière psychiatrique autorisée prescriptrice)

"Registered Psychiatric Nurse Register" means the Registered Psychiatric Nurse Register maintained under paragraph 28(1)(d); (registre des infirmières psychiatriques autorisées)

"registrant" means a person whose name is entered in a register; (personne inscrite)

"Registrar" means the Registrar appointed under subsection 24(1); (registraire)

"Registration Committee" means the committee established under subsection 29(1); (comité d’inscription)

"temporary certificate holder (licensed practical nurse)" means a person who holds a temporary certificate (licensed practical nurse); (titulaire de certificat temporaire (infirmière auxiliaire))

"temporary certificate holder (nurse practitioner)" means a person who holds a temporary certificate (nurse practitioner); (titulaire de certificat temporaire (infirmière practicienne))

"temporary certificate holder (registered nurse)" means a person who holds a temporary certificate (registered nurse); (titulaire de certificat temporaire (infirmière autorisée))

"temporary certificate holder (registered nurse authorized prescriber)" means a person who holds a temporary certificate (registered nurse authorized prescriber); (titulaire de certificat temporaire (infirmière autorisée prescriptrice)) "temporary certificate holder (registered psychiatric nurse)" means a person who holds a temporary certificate (registered psychiatric nurse); (titulaire de certificat temporaire (infirmière psychiatrique autorisée))

"temporary certificate holder (registered psychiatric nurse authorized prescriber)" means a person who holds a temporary certificate (registered psychiatric nurse authorized prescriber); (titulaire de certificat temporaire (infirmière psychiatrique autorisée prescriptrice))

"temporary certificate (licensed practical nurse)" means a temporary certificate issued under subsection 37(2) exempting a person from the requirement to be a licensed practical nurse; (certificat temporaire (infirmière auxiliaire))

"temporary certificate (nurse practitioner)" means a temporary certificate issued under subsection 35(2) exempting a person from the requirement to be a nurse practitioner; (certificat temporaire (infirmière praticienne))

"temporary certificate (registered nurse)" means a temporary certificate issued under subsection 31(2) exempting a person from the requirement to be a registered nurse; (certificat temporaire (infirmière autorisée))

"temporary certificate (registered nurse authorized prescriber)" means a temporary certificate issued under subsection 33(2) exempting a person from the requirement to be a registered nurse authorized prescriber; (certificat temporaire (infirmière autorisée prescriptrice))

"temporary certificate (registered psychiatric nurse)" means a temporary certificate issued under subsection 39(2) exempting a person from the requirement to be a registered psychiatric nurse; (certificat temporaire (infirmière psychiatrique autorisée))

"temporary certificate (registered psychiatric nurse authorized prescriber)" means a temporary certificate issued under subsection 41(2) exempting a person from the requirement to be a registered psychiatric nurse authorized prescriber; (certificat temporaire (infirmière psychiatrique autorisée prescriptrice)) "virtual care" means the practice of nursing through information and communication technologies where the nurse and the patient are not in the same location. (soins virtuels)

(2) For the purposes of this Act, "unprofessional conduct" includes such acts or omissions relevant to the practice of nursing that, having regard to all the circumstances, would reasonably be regarded as disgraceful, dishonourable or unprofessional, including any act or omission of a nurse that

(1) A registered nurse is entitled, subject to the bylaws and any terms and conditions set out in their certificate of registration, to apply nursing knowledge, skills and judgment

(2) A registered nurse may use the title "Registered Nurse" or the designation "R.N.".

Temporary Certificate Holders (Registered Nurses)

(1) A registered nurse authorized prescriber is entitled, subject to the bylaws, the clinical support tools and any terms and conditions set out in their certificate of registration,

(2) A registered nurse authorized prescriber may use the title "Registered Nurse Authorized Prescriber" or the designation "R.N. Authorized Prescriber" or "R.N. – A.P.".

Temporary Certificate Holders (Registered Nurse Authorized Prescribers)

(1) A nurse practitioner is entitled, subject to the bylaws, the nurse practitioner guidelines and any terms and conditions set out in their certificate of registration,

(2) A nurse practitioner may use the title "Nurse Practitioner" or the designation "N.P." or "R.N. – N.P.".

Temporary Certificate Holders (Nurse Practitioners)

(1) The college may recommend to the Minister guidelines respecting the practice of nurse practitioners.

(2) The Minister may approve the guidelines recommended by the college under subsection (1).

(1) In this section,

"unpredictable" means that a patient’s response cannot reasonably be anticipated; (imprévisible)

"unstable" means a situation in which

(2) In this section and in section 10,

"predictable" means one can identify in advance a patient’s likely response on the basis of observation, experience or scientific reason; (prévisible)

"stable" means a situation in which a patient’s health status can be anticipated with predictable outcomes. (stable)

(3) A licensed practical nurse is entitled, subject to the bylaws and any terms and conditions set out in their certificate of registration, to apply nursing knowledge, skills and judgment, with a focus on stable or predicable states of health,

(4) A licenced practical nurse is also entitled, subject to the bylaws and any terms and conditions set out in their certificate of registration, to apply nursing knowledge, skills and judgment as described in subsection (3) for unstable patients with unpredictable health outcomes if the nurse

(5) A licensed practical nurse may use the title "Licensed Practical Nurse" or the designation "L.P.N.".

Temporary Certificate Holders (Licensed Practical Nurses)

(1) A registered psychiatric nurse is entitled, subject to the bylaws and any terms and conditions set out in their certificate of registration, to apply nursing knowledge, skills and judgment, with a focus on psychosocial, mental or emotional health,

(2) A registered psychiatric nurse may use the title "Registered Psychiatric Nurse" or the designation "R.P.N.".

Temporary Certificate Holders (Registered Psychiatric Nurses)

(1) A registered psychiatric nurse authorized prescriber is entitled, subject to the bylaws, the clinical support tools and any terms and conditions set out in their certificate of registration,

(2) A registered psychiatric nurse authorized prescriber may use the title "Registered Psychiatric Nurse Authorized Prescriber" or the designation "R.P.N. Authorized Prescriber" or "R.P.N. – A.P.".

Temporary Certificate Holders (Registered Psychiatric Nurse Authorized

(1) The Registered Nurses Association of the Northwest Territories and Nunavut is continued as a corporation called the College and Association of Nurses of the Northwest Territories and Nunavut.

(2) The college has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

(3) The membership of the college consists of

(1) The college shall hold a general meeting of the members at least once in every 24 months at a time and at a place or in a manner determined by the Board of Directors.

(2) At each general meeting of the college, the following must be presented in accordance with the bylaws:

(3) A special meeting of the college shall be held at a time and at a place or in a manner determined by the Board of Directors

(4) At a general meeting or a special meeting of the college, a quorum is constituted in accordance with the bylaws.

(1) The following Branches of the college are continued:

(2) A member who does not reside in the Northwest Territories or Nunavut is a member of

(1) The college may make bylaws

(2) Subject to subsections (3), (4), (6) and (7), a bylaw or an amendment to or repeal of a bylaw may be made

(3) A bylaw made under paragraph (1)(d) or (z.6) may only be made on the recommendation of the Minister of Health and Social Services.

(4) The Board of Directors may not make bylaws within 90 days before a general meeting.

(5) The college shall publish on its website a copy of any bylaw or repeal of a bylaw made under this Act within 30 days after the date when it is made.

(6) A majority of the voting delegates at a general or special meeting of the college may make bylaws to restrict the authority of the Board of Directors to make bylaws.

(7) The Board of Directors may not repeal a bylaw made under subsection (6).

(8) The bylaws must be kept at the office of the college and any person is entitled to inspect them at any reasonable time.

(9) The Statutory Instruments Act does not apply to the bylaws of the college.

(1) For the purposes of paragraphs 20(1)(a), (m) and (z.6), the college may, by bylaw,

(2) Where a code, standards or clinical support tools are adopted under paragraph (1)(b), the code, standards or clinical support tools have the same legal effect as a bylaw, and are in force in respect of members either in whole or in part or with such variations as may be specified in the bylaws.

(3) The college shall publish on its website a copy of any code, standards or clinical support tools established or adopted under subsection (1) within 30 days after the date when the code, standards or clinical support tools are established or adopted.

(1) A Board of Directors of the college is established.

(2) The Board of Directors shall manage and conduct the business and affairs of the college and exercise the powers and duties of the college in the name of and on behalf of the college.

(3) The number of members and composition of the Board of Directors must be determined in accordance with the bylaws, but the membership must include

(4) Paragraph (3)(b) applies only if a Minister referred to in that paragraph recommends a person for appointment under that paragraph.

(5) A member of the Board of Directors who is a member of the public or a member of the public in Nunavut must be appointed by the Minister for a term specified in the bylaws.

(6) Subject to subsection (5), the members of the Board of Directors must be elected or appointed from among the members of the college in accordance with the bylaws for terms specified in the bylaws.

(7) The Executive Director is, by virtue of their office, a non-voting member of the Board of Directors.

(8) The Registrar, the Executive Director, the Complaints Officer and any other employees of the college are not eligible to be elected or appointed, or to serve, as voting members of the Board of Directors.

(9) Subject to the bylaws and subsection (10), the Board of Directors may delegate any of its powers and duties under subsection (2) to any officer, employee or committee of the college.

(10) The Board of Directors shall not delegate the power to make bylaws.

(1) The Board of Directors shall hold at least one meeting each year at a time and at a place or in a manner determined in accordance with the bylaws.

(2) Once in each year, a financial statement of the college for the previous year must be submitted to the Board of Directors in accordance with the bylaws.

(1) The Board of Directors shall appoint a Registrar and an Executive Director of the college from among the members of the college.

(2) One person may be appointed as both Registrar and Executive Director.

(3) Subject to the bylaws, the Registrar or the Executive Director may delegate any of their powers and duties under this Act to any officer or employee of the college.

(1) The college shall establish an Education Advisory Committee composed of all of the following persons appointed by the Board of Directors:

(2) Paragraph (1)(c), (e) or (g) apply only if a Minister referred to in the applicable paragraph recommends a person for appointment under that paragraph.

(3) The members of the Education Advisory Committee must be appointed for terms specified in the bylaws.

(4) The Education Advisory Committee shall designate one of its members as chairperson.

(5) The Education Advisory Committee shall

(1) Subject to the bylaws, the Board of Directors may

(2) Subject to the bylaws, the Board of Directors may recognize membership examinations for nurses as acceptable prerequisites for registration.

(1) The Registrar shall maintain

(2) For the purposes of subsection (1), the bylaws may prescribe different information to be entered in a register for different nursing designations or classes of members in that register.

(3) The registers must be kept at the office of the college, and any person is entitled to inspect them at any reasonable time.

(1) The college shall establish a Registration Committee composed of all of the following persons appointed by the Board of Directors:

(2) Paragraph (1)(c) applies only if a Minister referred to in that paragraph recommends a person for appointment under that paragraph.

(3) The members of the Registration Committee must be appointed for terms specified in the bylaws.

(4) The Registration Committee shall designate one of its members as chairperson. REGISTRATION IN REGISTERED NURSE

(1) On an application made in accordance with the bylaws, the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (2) and on payment of the registration fee prescribed by the bylaws,

(2) An applicant is qualified to be a registered nurse if the applicant

(3) For the purposes of paragraph (2)(b), an applicant who meets the requirements of paragraphs (2)(a) and (c) is qualified to be a registered nurse if

(1) A person who is pursuing requirements to qualify, or to requalify, as a registered nurse, may make an application to the Registrar, in accordance with the bylaws, for a temporary certificate exempting them from the requirement to be a registered nurse.

(2) On an application made under subsection (1), the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (3) and on payment of the registration fee prescribed by the bylaws,

(3) An applicant is qualified to be a temporary certificate holder (registered nurse) if the applicant

(4) For the purposes of paragraph (3)(b), an applicant who meets the requirements of paragraphs (3)(a) and (c) is qualified to be a temporary certificate holder (registered nurse) if

(5) A temporary certificate holder (registered nurse) may be employed or engaged to provide the services of a registered nurse, subject to the limitations, terms and conditions, if any, attached to the temporary certificate.

Registered Nurse Authorized Prescribers

(1) On an application made in accordance with the bylaws, the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (2) and on payment of the registration fee prescribed by the bylaws,

(2) An applicant is qualified to be a registered nurse authorized prescriber if the applicant

(3) For the purposes of paragraph (2)(c), an applicant who meets the requirements of paragraphs (2)(a), (b) and (d) is qualified to be a registered nurse authorized prescriber if

(Registered Nurse Authorized Prescribers)

(1) A person who is pursuing requirements to qualify, or to requalify, as a registered nurse authorized prescriber, may make an application to the Registrar, in accordance with the bylaws, for a temporary certificate exempting them from the requirement to be a registered nurse authorized prescriber.

(2) On an application made under subsection (1), the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (3) and on payment of the registration fee prescribed by the bylaws,

(3) An applicant is qualified to be a temporary certificate holder (registered nurse authorized prescriber) if the applicant

(4) For the purposes of paragraph (3)(c), an applicant who meets the requirements of paragraphs (3)(a), (b) and (d) is qualified to be a temporary certificate holder (registered nurse authorized prescriber) if

(5) A temporary certificate holder (registered nurse authorized prescriber) may be employed or engaged to provide the services of a registered nurse authorized prescriber, subject to the limitations, terms and conditions, if any, attached to the temporary certificate.

DIVISION 3 REGISTRATION IN NURSE PRACTITIONER

(1) On an application made in accordance with the bylaws, the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (2) and on payment of the registration fee prescribed by the bylaws,

(2) An applicant is qualified to be a nurse practitioner if the applicant

(3) For the purposes of paragraph (2)(c), an applicant who meets the requirements of paragraphs (2)(a), (b) and (d) is qualified to be a nurse practitioner if

(1) A person who is pursuing requirements to qualify, or to requalify, as a nurse practitioner, may make an application to the Registrar, in accordance with the bylaws, for a temporary certificate exempting them from the requirement to be a nurse practitioner.

(2) On an application made under subsection (1), the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (3) and on payment of the registration fee prescribed by the bylaws,

(3) An applicant is qualified to be a temporary certificate holder (nurse practitioner) if the applicant

(4) For the purposes of paragraph (3)(c), an applicant who meets the requirements of paragraphs (3)(a), (b) and (d) is qualified to be a temporary certificate holder (nurse practitioner) if

(5) A temporary certificate holder (nurse practitioner) may be employed or engaged to provide the services of a nurse practitioner, subject to the limitations, terms and conditions, if any, attached to the temporary certificate.

DIVISION 4 REGISTRATION IN LICENSED PRACTICAL

(1) On an application made in accordance with the bylaws, the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (2) and on payment of the registration fee prescribed by the bylaws,

(2) An applicant is qualified to be a licensed practical nurse if the applicant

(3) For the purposes of paragraph (2)(b), an applicant who meets the requirements of paragraphs (2)(a) and (c) is qualified to be a licensed practical nurse if

(1) A person who is pursuing requirements to qualify, or to requalify, as a licensed practical nurse, may make an application to the Registrar, in accordance with the bylaws, for a temporary certificate exempting them from the requirement to be a licensed practical nurse.

(2) On an application made under subsection (1), the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (3) and on payment of the registration fee prescribed by the bylaws,

(3) An applicant is qualified to be a temporary certificate holder (licensed practical nurse) if the applicant

(4) For the purposes of paragraph (3)(b), an applicant who meets the requirements of paragraphs (3)(a) and (c) is qualified to be a temporary certificate holder (licensed practical nurse) if

(5) A temporary certificate holder (licensed practical nurse) may be employed or engaged to provide the services of a licensed practical nurse, subject to the limitations, terms and conditions, if any, attached to the temporary certificate.

(1) On an application made in accordance with the bylaws, the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (2) and on payment of the registration fee prescribed by the bylaws,

(2) An applicant is qualified to be a registered psychiatric nurse if the applicant

(3) For the purposes of paragraph (2)(b), an applicant who meets the requirements of paragraphs (2)(a) and (c) is qualified to be a registered psychiatric nurse if

(1) A person who is pursuing requirements to qualify, or to requalify, as a registered psychiatric nurse, may make an application to the Registrar, in accordance with the bylaws, for a temporary certificate exempting them from the requirement to be a registered psychiatric nurse.

(2) On an application made under subsection (1), the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (3) and on payment of the registration fee prescribed by the bylaws,

(3) An applicant is qualified to be a temporary certificate holder (registered psychiatric nurse) if the applicant

(4) For the purposes of paragraph (3)(b), an applicant who meets the requirements of paragraphs (3)(a) and (c) is qualified to be a temporary certificate holder (registered psychiatric nurse) if

(5) A temporary certificate holder (registered psychiatric nurse) may be employed or engaged to provide the services of a registered psychiatric nurse, subject to the limitations, terms and conditions, if any, attached to the temporary certificate.

Registered Psychiatric Nurse Authorized Prescribers

(1) On an application made in accordance with the bylaws, the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (2) and on payment of the registration fee prescribed by the bylaws,

(2) An applicant is qualified to be a registered psychiatric nurse authorized prescriber if the applicant

(3) For the purposes of paragraph (2)(c), an applicant who meets the requirements of paragraphs (2)(a), (b) and (d) is qualified to be a registered psychiatric nurse authorized prescriber if

(1) A person who is pursuing requirements to qualify, or to requalify, as a registered psychiatric nurse authorized prescriber, may make an application to the Registrar, in accordance with the bylaws, for a temporary certificate exempting them from the requirement to be a registered psychiatric nurse authorized prescriber.

(2) On an application made under subsection (1), the Registrar shall, if satisfied that the applicant meets the requirements for qualification under subsection (3) and on payment of the registration fee prescribed by the bylaws,

(3) An applicant is qualified to be a temporary certificate holder (registered psychiatric nurse authorized prescriber) if the applicant

(4) For the purposes of paragraph (3)(c), an applicant who meets the requirements of paragraphs (3)(a), (b) and (d) is qualified to be a temporary certificate holder (registered psychiatric nurse authorized prescriber) if

(5) A temporary certificate holder (registered psychiatric nurse authorized prescriber) may be employed or engaged to provide the services of a registered psychiatric nurse authorized prescriber, subject to the limitations, terms and conditions, if any, attached to the temporary certificate.

DIVISION 6 CERTIFICATES OF REGISTRATION AND

(1) The Registrar, when considering an application under subsection 30(1), 32(1), 34(1), 36(1), 38(1) or 40(1), for a nursing designation for which a certificate of registration is issued,

(2) The Registrar may place any limitations, terms and conditions on a certificate of registration that the Registrar considers appropriate.

(1) Subject to the bylaws, a certificate of registration expires on December 31 next following the date of issuance or renewal.

(2) On an application made in accordance with the bylaws before the expiry of a certificate of registration under subsection (1), the Registrar shall, on payment of any fees prescribed by the bylaws, renew the certificate.

(3) The certificate of registration of a registered nurse authorized prescriber or a nurse practitioner must not be renewed unless the person’s certificate of registration as a registered nurse is renewed.

(4) The certificate of registration of a registered psychiatric nurse authorized prescriber must not be renewed unless the person’s certificate of registration as a registered psychiatric nurse is renewed.

(1) A person who fails to renew their certificate of registration must be removed from the applicable register in accordance with the bylaws.

(2) If a person has been removed from a register under subsection (1), the Registrar may, on payment of any fees prescribed by the bylaws, reinstate the person’s registration and grant a certificate of registration to the person in accordance with the bylaws.

(1) The Registrar, when considering an application under subsection 31(1), 33(1), 35(1), 37(1), 39(1) or 41(1), for a nursing designation for which a temporary certificate is issued,

(2) The Registrar may place any limitations, terms and conditions on a temporary certificate that the Registrar considers appropriate.

(1) Subject to subsections (2) and (3), a temporary certificate expires on the date prescribed by the bylaws.

(2) The Registrar may, on payment of any fees prescribed by the bylaws, grant one or more extensions of a temporary certificate in accordance with the bylaws.

(3) The total duration of a temporary certificate, including any extensions, must not exceed a period of 24 months.

(1) A person whose application for registration is refused may, within 30 days after receiving written notice of the refusal, appeal the refusal to the Registration Committee in accordance with the appeal procedure established in the bylaws.

(2) A person whose appeal under subsection (1) is unsuccessful may, within 30 days after receiving service of a copy of the decision of the Registration Committee, appeal the decision to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the college.

(1) If, on hearing an appeal under subsection 48(2), the Supreme Court finds that the refusal to register is unreasonable, the Supreme Court may

(2) The Supreme Court, on hearing an appeal under subsection 48(2), may make any order as to costs that it considers appropriate.

(3) An order made under subsection (1) is final and conclusive, and the Registrar shall act on the order without delay.

(1) If the college requires compliance with a continuing competence program established or approved under paragraph 20(1)(z.12), the college shall make available to each registrant to whom the requirement applies,

(2) Where a continuing competence program is established or approved under paragraph 20(1)(z.12), the college may

(3) If the college requires compliance with a continuing competence program established or approved under paragraph 20(1)(z.12), a registrant may satisfy the requirement if the registrant

(1) In this Part,

"Chairperson" means the Chairperson designated under subsection 52(5) and includes the Deputy Chairperson designated under that subsection when they act for the Chairperson; (président)

"Committee" means the Professional Conduct Committee established under subsection 52(1); (comité)

"complainant" means

"nurse" means a registrant or a former registrant; (infirmière)

"respondent" means a nurse who is the subject of a complaint made under subsection 56(1) or (3); (infirmière visée)

"sexual misconduct" by a nurse towards a patient means, subject to any exemptions prescribed by the bylaws,

(2) For the purposes of sections 55 and 67 to 85, a reference to a complaint includes a reference to

(1) The college shall establish a Professional Conduct Committee composed of all of the following persons appointed by the Board of Directors:

(2) Paragraph (1)(c) applies only if a Minister referred to in that paragraph recommends a person for appointment under that paragraph.

(3) The members of the Professional Conduct Committee must be appointed for terms specified in the bylaws.

(4) The Executive Director and the Registrar are not eligible to be appointed, or to serve, as members of the Committee.

(5) The Board of Directors shall designate one member of the Committee as Chairperson and one member of the Committee as Deputy Chairperson.

(6) Subject to the bylaws and the direction of the Chairperson, the Deputy Chairperson may act for and on behalf of the Chairperson.

(1) Any person may make a complaint to the Complaints Officer in accordance with the bylaws alleging that an act or omission of a nurse constitutes unprofessional conduct.

(2) On receiving a complaint under subsection (1), the Complaints Officer shall

(3) The Complaints Officer may, on their own initiative, make a complaint to the Committee in accordance with the bylaws if the Complaints Officer has reasonable grounds to believe that an act or omission of a nurse may constitute unprofessional conduct.

(4) A complaint under subsection (3) may be made by submitting the complaint to the Chairperson.

(5) On receiving a complaint under subsection (3), the Chairperson shall

(6) A summary of a complaint provided under paragraph (2)(a) or (5)(a) must include a statement advising the respondent of the right to receive a copy of the complaint under paragraph (2)(b) or (5)(b) on request.

(7) Notwithstanding subsection (1) or (3), a complaint respecting the conduct of a nurse who is no longer a registrant at the time of the complaint may be dealt with under this Part only if the complaint is made within two years after the day on which the nurse ceased to be a registrant.

(1) In this section, "employment" includes being engaged to provide nursing services on a full-time or part-time basis as a paid or unpaid employee, consultant, contractor or volunteer.

(2) If, because of conduct by a registrant that in the opinion of an employer is unprofessional conduct, the employment of the registrant is terminated or suspended or their entitlements are revoked, suspended or restricted, the employer shall, within 30 days after the termination, suspension, revocation or restriction, as the case may be, provide the Complaints Officer with a written report setting out the reasons.

(3) If, because of conduct by a registrant that in the opinion of an employer is unprofessional conduct, the registrant resigns or voluntarily relinquishes or restricts their entitlements or practice, the employer shall, within 30 days after the resignation, relinquishment or restriction, as the case may be, provide the Complaints Officer with a written report setting out the reasons.

(4) A report provided under subsection (2) or (3) is deemed to be a complaint made under subsection 56(1).

(5) No action or other proceeding for damages lies or shall be instituted against an employer for providing a report in good faith under subsection (2) or (3).

Review of Complaint by Complaints Officer

(1) The Complaints Officer shall, in accordance with any procedure established in the bylaws, review and inquire into a complaint to the extent they consider warranted for the purposes of this Part.

(2) In reviewing a complaint, the Complaints Officer may engage the services of any person whom the Complaints Officer considers necessary.

(1) Subject to the bylaws and subsection (2), the Complaints Officer may, in respect of a complaint,

(2) If a complaint alleges sexual misconduct by a respondent towards a patient, the Complaints Officer shall refer the complaint to the Committee.

(3) The Complaints Officer shall, without delay,

(4) On dismissing a complaint under paragraph (1)(a), the Complaints Officer shall also

(1) The complainant may, within 30 days after receiving written notice of a dismissal under paragraph 59(3)(b), apply to the Complaints Officer for a review by the Committee of the decision of the Complaints Officer.

(2) An application made under subsection (1) must be in writing and include reasons.

(3) The Complaints Officer shall refer an application made under subsection (1) to the Committee.

(4) Subject to subsection (5), after reviewing a decision of a Complaints Officer to dismiss a complaint, the Committee shall

(5) Before making a decision under subsection (4), the Committee shall

but the Committee is not required to hold a hearing.

(6) If the Committee reverses a dismissal under paragraph (4)(b), the complaint that was dismissed is deemed to have been referred to the Committee under paragraph 59(1)(c).

(1) If, at any time before a complaint is referred to the Committee, the Complaints Officer determines that a suspension of a nurse’s registration and certificate is necessary to protect the public against a significant risk to health or safety, the Complaints Officer may, in accordance with the procedure established in the bylaws and in consultation with the Executive Director, suspend the nurse’s registration and certificate.

(2) Where the Complaints Officer imposes a suspension under subsection (1), they shall, without delay,

(3) A suspension under subsection (1) is deemed to be a suspension imposed by the Committee under paragraph 63(1)(a).

(4) Notwithstanding subsection (3), a suspension under subsection (1) must be confirmed by the Committee within three business days or it is null and void.

(5) A notice given under paragraph (2)(a) must include a statement that the suspension must be confirmed by the Committee within three business days or it is null and void.

(6) If a suspension is confirmed under subsection (4), the Chairperson shall, without delay,

(7) If a suspension is not confirmed under subsection (4), the Chairperson shall, without delay,

(1) On receiving a complaint referred or made to the Committee, the Chairperson shall, in accordance with any procedure established in the bylaws, review and inquire into the complaint to the extent they consider warranted for the purposes of this Part.

(2) The Chairperson may dismiss a complaint, in whole or in part, if they determine that

(3) On dismissing a complaint under subsection (2), the Chairperson shall give the complainant and the respondent written notice of and reasons for the dismissal.

(1) Where the conduct of a nurse is being reviewed under this Part, the Committee may, in accordance with the procedure established in the bylaws,

(2) Where the Committee imposes a suspension under paragraph (1)(a), or places limitations, terms or conditions on a nurse’s entitlement to practice under paragraph (1)(b), the Chairperson shall, without delay,

(3) Subsection (2) does not apply to a suspension that is deemed under subsection 61(3) to be a suspension under paragraph (1)(a).

(4) A suspension under paragraph (1)(a) or the placing of limitations, terms or conditions on a nurse’s entitlement to practice under paragraph (1)(b)

(5) A suspension under paragraph (1)(a) must be revoked, or limitations, terms or conditions placed on a nurse’s entitlement to practice under paragraph (1)(b) must be removed, as applicable, if the Committee determines that the suspension or the limitations, terms or conditions are no longer necessary to protect the health or safety of the public.

(6) If a suspension under paragraph (1)(a) is revoked, or limitations, terms or conditions placed on a nurse’s entitlement to practice under paragraph (1)(b) are removed, the Chairperson shall notify the Registrar without delay.

(7) If the Registrar receives notice under subsection (6) that a suspension has been revoked, the Registrar shall, without delay and on payment of any fees prescribed by the bylaws,

(8) If the Registrar receives notice under subsection (6) that limitations, terms or conditions placed on a nurse’s entitlement to practice have been removed, the Registrar shall, without delay, give written notice to the nurse.

(1) A nurse who has had their registration and certificate suspended under paragraph 63(1)(a), or who has had limitations, terms or conditions placed on their entitlement to practice under paragraph 63(1)(b), may, within 30 days of receiving written notice of the suspension under subsection 61(2) or 63(2) or of the limitations, terms or conditions under subsection 63(2), appeal the decision of the Committee to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the college.

(2) If, on hearing an appeal under subsection (1), the Supreme Court finds that the suspension or the placing of limitations, terms or conditions on the nurse’s entitlement to practice was unreasonable, the Supreme Court may

(3) The Supreme Court, on hearing an appeal under subsection (1), may make any order as to costs that it considers appropriate.

(1) The Chairperson shall, in writing, designate one or more investigators to investigate any complaint referred or made to the Committee that is not dismissed under subsection 62(2).

(2) Any person, including the Complaints Officer or a member of the Committee but not including the Executive Director or the Registrar, is eligible to be designated as an investigator.

(1) With the approval of the college, an investigator may engage, at the expense of the college, any legal or other assistance that the investigator considers necessary for the purposes of the investigation.

(2) For the purpose of investigating a complaint, an investigator may

(3) Every person to whom an inquiry is made under paragraph (2)(a) shall, to the best of their ability, respond to the inquiry.

(4) Every person to whom a demand is made under paragraph (2)(b) shall provide to the investigator any document, record or other material that is the subject of the demand no later than 30 days after the demand is made, or within such further period of time as the investigator may allow.

(5) A nurse shall not refuse, on the grounds of professional privilege or confidentiality, to respond to oral or written inquiries from an investigator, or to produce for examination a document, record or other material.

(6) 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 material produced for examination.

(7) Where a person fails or refuses to respond to an inquiry or to comply with a demand made by an investigator under subsection (2), the college may apply to the Supreme Court for an order requiring the person to respond or to comply.

(8) An application under subsection (7) must include a statement by the investigator, on oath or affirmation, of the grounds for believing the matter referred to in paragraph (2)(a) or (b).

(9) Where a respondent fails or refuses to respond to an inquiry or to comply with a demand made by an investigator under subsection (2), the investigator may make a complaint to the Chairperson in accordance with the bylaws, and the failure or refusal may be found by a Board of Inquiry to be unprofessional conduct.

(10) An investigator may investigate any matter, in addition to the complaint, that arises during the course of an investigation that may constitute unprofessional conduct by the respondent.

(11) On investigating an additional matter, an investigator shall

(12) On completing an investigation, the investigator shall provide a written report to the Chairperson.

(13) The Chairperson shall give the respondent

(1) After considering an investigation report, the Committee may add further allegations to the complaint arising from an investigation of any additional matter under subsection 66(10).

(2) Subject to subsection (4), after considering an investigation report, the Committee may

(3) The Committee may direct the respondent to pay to the college, within the time stated in the direction, all or part of

(4) Before making a decision under subsection (2), the Committee shall

but the Committee is not required to hold a hearing.

(5) The Committee shall, without delay,

(6) On dismissing a complaint under paragraph (2)(a), the Chairperson shall also give written reasons for the dismissal to the complainant.

Appeal of Direction to Pay Costs of Investigation

(1) Before making a direction to pay the costs of an investigation under paragraph 67(3)(a), the Committee shall

but the Committee is not required to hold a hearing.

(2) Where the Committee makes a direction referred to in subsection (1), the Committee shall, without delay, give to the respondent

(3) A respondent who is issued a direction referred to in subsection (1) may, within 30 days after receiving a copy of the direction under paragraph (2)(a), appeal the direction to a Board of Inquiry by submitting a written notice of appeal to the Board of Directors.

(4) On receiving a written notice of appeal under subsection (3), the Board of Directors shall,

(5) A Board of Inquiry, on hearing an appeal under subsection (4), may make any order as to costs that it considers appropriate.

(1) If a respondent is censured under paragraph 67(2)(b), the Committee may require the respondent to appear in person before the Committee to be censured.

(2) The Committee shall give to the following persons written notice of, and a description of the circumstances that led to, a censure:

(3) Subject to subsection (4), the Committee shall make available to the public the following information in writing in respect of a censure:

(4) If, in agreeing to accept a censure, the respondent admits that their capacity to provide nursing services in accordance with accepted standards is impaired by a disability or condition, including an addiction or illness, the Committee shall not include information that the respondent has a disability or condition when making a description of the circumstances that led to the censure publically available under paragraph (3)(b).

(1) If the Complaints Officer accepts the voluntary surrender of a respondent’s registration and certificate under paragraph 59(1)(b), the Complaints Officer shall transfer the matter to the Committee for the purposes of this section.

(2) If a matter is transferred to the Committee under subsection (1), or if the Committee accepts the voluntary surrender of a respondent’s registration and certificate under paragraph 67(2)(c), the Committee may direct the respondent to do one or more of the following before the respondent’s registration and certificate may be reinstated:

(3) The Committee may direct the respondent to pay to the college, within the time stated in the direction, all or part of any costs incurred by the college in monitoring compliance with a direction given under subsection (2).

(4) The Committee shall give to the following persons written notice of, and a description of the circumstances that led to, a voluntary surrender:

(5) Subject to subsection (6), the Committee shall provide the Registrar with the following information in writing in respect of a voluntary surrender for inclusion in the public register:

(6) If, in agreeing to voluntarily surrender their registration and certificate, the respondent admits that their capacity to provide nursing services in accordance with accepted standards is impaired by a disability or condition, including an addiction or illness, the Committee shall not include information that the respondent has a disability or condition with the information provided to the Registrar under subsection (5).

(7) If the Registrar receives information in respect of a voluntary surrender under subsection (5), the Registrar shall add the information to the public register under paragraph 98(1)(b).

(8) A voluntary surrender remains in effect until the Committee is satisfied that the complaint has been resolved.

(9) If the Committee is satisfied that the complaint has been resolved, the Committee shall direct the respondent’s registration and certificate to be reinstated on payment of any fees prescribed by the bylaws, and may, by that direction, place limitations, terms or conditions on the respondent’s entitlement to practice, including requirements that the respondent do one or more of the following:

(10) Where the Committee makes a direction under subsection (9), they shall, without delay, give a copy of the direction to the respondent and to the Registrar.

(11) If the Registrar receives a copy of a direction under subsection (10), the Registrar shall, without delay and on payment of any fees prescribed by the bylaws,

(1) If the Committee refers a complaint to a Board of Inquiry to conduct a hearing, the Chairperson shall notify the Board of Directors and the Complaints Officer.

(2) On receiving notice under subsection (1), the Board of Directors shall, in accordance with the bylaws, establish a Board of Inquiry to hear the matter.

(3) The number of members and composition of the Board of Inquiry must be in accordance with the bylaws, but must include

(4) Paragraph (3)(b) applies only if a Minister referred to in that paragraph recommends a person for inclusion on the Board of Inquiry.

(5) If a member of the public in Nunavut is not included on the Board of Inquiry under paragraph (3)(b), at least one person who is a member of the public must be included on the Board.

(6) A person who has taken part in the Committee review or investigation of what is to be the subject matter of the hearing is not eligible to be designated as a member of the Board of Inquiry.

(7) The Board of Directors shall designate one member of the Board of Inquiry as chair.

(1) The Committee may, subject to this Act and the bylaws, make rules of procedure respecting the conduct of hearings.

(2) Hearings must be conducted in accordance with the rules of natural justice.

(1) A Board of Inquiry shall conduct a hearing into a complaint that is referred to it.

(2) At least 30 days before the commencement of the hearing, the chair of the Board of Inquiry shall serve the complainant and the respondent with a written notice stating the date, time and place of the hearing.

(3) If the respondent does not attend the hearing, the Board of Inquiry, 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.

(1) Subject to subsection (2), if a member of a Board of Inquiry becomes unable to continue with the hearing, the Board may, in the absence of the member, continue with and complete the hearing.

(2) No Board of Inquiry may continue a hearing

(1) A hearing must be open to the public, unless the Board of Inquiry is of the opinion that

(2) If the Board of Inquiry is satisfied as to the matters referred to in paragraphs (1)(a) and (b), the Board may exclude the public from all or part of the hearing.

(1) With the approval of the college, the Board of Inquiry may engage, at the expense of the college, any legal or other assistance that the Board considers necessary for the purposes of a hearing.

(2) The parties to a hearing are the college and the respondent.

(3) The complainant is not a party to a hearing.

(4) The Complaints Officer, or legal counsel for the college, shall present the case against the respondent at a hearing on behalf of the college.

(5) The respondent may, at their own expense, be represented by legal counsel at a hearing.

(1) A respondent, a complainant, and any other person whom a Board of Inquiry or a party to a hearing into a complaint reasonably believes

is a compellable witness at the hearing.

(2) The attendance of a witness before a Board of Inquiry to testify or to produce documents, records or other materials may be compelled by a written notice issued by the chair of the Board and served on the witness, requiring the witness to attend and stating

(3) The chair of the Board of Inquiry shall

(4) A witness, other than the respondent, 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) Where a witness fails or refuses

the chair of the Board or the party wanting to call the witness may apply to the Supreme Court for an order to summon the witness to attend before the Board to testify or to require the witness to produce the documents, records or other materials.

(6) An application under subsection (5) must include a statement by the applicant, on oath or affirmation, of the grounds for believing the matter referred to in paragraph (1)(a) or (b).

(7) A member of a Board of Inquiry has the power to administer an oath or affirmation to a witness who is to give evidence before the Board.

(8) A witness at a hearing may be examined on oath or affirmation on all matters relevant to the hearing and must not be excused from answering a question on the grounds of professional privilege or on the grounds that the answer might

(9) If an answer given under subsection (8)

as described in that subsection, it may not be used or received against the witness 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.

(10) 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 chair 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 the witness.

(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

(2) If the witness referred to in subsection (1) is the respondent, the failure or refusal may be held by the Board of Inquiry to be unprofessional conduct.

(1) A Board of Inquiry shall make a record of each hearing.

(2) A record of a hearing must include any information prescribed by the bylaws.

(3) The oral evidence given at a hearing must be recorded by audio tape or by a device, machine or system approved by the Board of Inquiry for recording sound.

(4) At the request of a party who is appealing a decision of a Board of Inquiry, a transcript of a recording made under subsection (3) must be prepared and given to that party at that party’s expense.

(1) If, on completion of a hearing, the Board of Inquiry finds that the conduct under review is not unprofessional conduct, the Board shall dismiss the complaint.

(2) If, on completion of a hearing, the Board of Inquiry finds that an act or omission of a respondent constitutes unprofessional conduct, the Board may, by order,

(3) If the Board of Inquiry

the Board may order the respondent to pay to the college, within the time stated in the order, all or part of the costs incurred by the college in monitoring compliance with the undertaking or with the limitations, terms or conditions.

(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 the public is excluded from all or part of a hearing under subsection 77(2), the Board of Inquiry may issue directions to the Registrar concerning the manner in which the decision or order must be altered before it is included in the public register.

(3) On issuing a decision or an order at the completion of a hearing into a complaint, the Board of Inquiry shall, without delay,

(4) On dismissing a complaint under subsection 83(1), the Board of Inquiry shall also give written reasons for the dismissal to the complainant.

(1) If the Committee is satisfied that a nurse has contravened or failed to fulfill an order under subsection 83(2), it may, without a further hearing,

(2) Where the Committee makes a direction under subsection (1), the Chairperson shall, without delay, give a copy of the direction to the nurse and to the Registrar.

(3) If the Registrar is satisfied that a nurse who has been ordered to pay costs under subsection 83(3), or a fine, costs or both under section 84, has failed to pay the amount within the stated time, the Registrar may suspend the registration and certificate of the nurse until the amount is paid.

(4) Where the Registrar suspends the registration and certificate of a nurse under subsection (3), the Registrar shall give written notice of the suspension to the nurse without delay.

(1) If a nurse has been suspended under subsection 83(2) or 86(1) and terms and conditions for reinstatement were set by a Board of Inquiry, the Committee, the Appeals Committee or the Supreme Court, the Chairperson shall notify the Registrar if the terms and conditions are met.

(2) Where a nurse has been suspended under subsection 83(2) or 86(1), the Registrar shall, on payment of any fees prescribed by the bylaws,

(1) Subject to subsection (2), a nurse whose registration and certificate are suspended, or who has voluntarily surrendered their registration and certificate, under this Part, shall not engage in the practice of nursing until notified in writing by the Registrar

(2) Subsection (1) does not prohibit a nurse from engaging in the practice of nursing under a temporary certificate issued to them for the purpose of meeting terms and conditions for reinstatement.

(1) The college shall, in the bylaws, provide for the establishment of an Appeals Committee.

(2) A member of a Board of Inquiry is not eligible to be appointed or to serve as a member of the Appeals Committee.

(3) If members are appointed to the Appeals Committee, the membership must include

(4) Paragraph (3)(b) applies only if a Minister referred to in that paragraph recommends a person for appointment under that paragraph.

(5) An appeal under paragraph 92(a) may be heard by a panel of the members of the Appeals Committee established in accordance with the bylaws.

(6) In the case of an appeal in respect of the review of the conduct of a member in the Northwest Territories, at least one person who is a member of the public must be on any Appeals Committee panel that hears the appeal.

(7) Subject to subsection (8), in the case of an appeal in respect of the review of the conduct of a member in Nunavut, at least one person who is a member of the public in Nunavut must be on any Appeals Committee panel that hears the appeal.

(8) Subsection (7) applies only if a member of the public in Nunavut is appointed to the Appeals Committee under paragraph (3)(b).

(9) If a member of the public in Nunavut is not appointed to the Appeals Committee under paragraph (3)(b), at least one person who is a member of the public must be on any Appeals Committee panel that hears the appeal.

(1) An appeal to the Appeals Committee must be based on the record of the hearing before the Board of Inquiry and on the decision or order of the Board.

(2) An appeal to the Supreme Court must be based, as the case may be,

(1) The Appeals Committee or the Supreme Court, on hearing an appeal from a decision or an order of a Board of Inquiry, may

(2) The Appeals Committee or 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.

(1) The Supreme Court, on hearing an appeal from a decision or an order of the Appeals Committee, may

(2) The Supreme Court, on hearing an appeal from a decision or an order of the Appeals Committee, may make any order as to costs that it considers appropriate.

(1) The Registrar shall, in accordance with the bylaws, maintain a public register of

(2) The Registrar shall keep in the public register a copy of each decision or order referred to in paragraph (1)(a) for a period of at least 10 years from the date when the decision or order was entered in the register.

(3) The Registrar shall keep in the public register information referred to in paragraph (1)(b) or (c) for the period of time specified in the bylaws.

(4) Any person may, on reasonable notice to the Registrar, inspect the public register.

(5) The public register must be made available to the public by posting it on the college’s website, and information that is required to be included in the register must be added to the website without delay.

(1) Subject to subsection (4), the Northwest Territories Branch may, by a resolution of a general meeting of the Branch made in accordance with the bylaws, determine that the college will no longer perform functions in respect of Nunavut.

(2) The Nunavut Branch may, by a resolution of a general meeting of the Branch made in accordance with the bylaws, determine that the functions of the college in respect of Nunavut will be performed by a body other than the college.

(3) Where the Northwest Territories Branch or the Nunavut Branch makes a determination under subsection (1) or (2) respectively, it shall provide notice of that determination to the other Branch, to the Minister and to a Minister responsible for a statute of Nunavut regulating the profession of nursing.

(4) Where the Northwest Territories Branch makes a determination under subsection (1), the date on which the college ceases to perform functions in respect of Nunavut must not be earlier than the earliest of the following:

(1) After notice is provided under subsection 99(3), the Northwest Territories Branch and the Nunavut Branch shall enter into negotiations in respect of the division of the assets and liabilities of the college.

(2) The assets and liabilities of the college must be divided between the Northwest Territories Branch and the Nunavut Branch in a ratio equal to the ratio of the number of members in each Branch.

(3) The quantum of the assets and liabilities of the college shall, for purposes of division under subsection (2), be determined on the basis of the audited financial statements of the college for the most recent fiscal year ended at the time notice is provided under subsection 99(3).

(4) For purposes of applying the ratio referred to in subsection (2), the number of members in each Branch must be determined as at the end of the most recent year ended at the time notice is provided under subsection 99(3).

(1) No action or other proceeding for damages lies against a member of the Board of Directors, the Registrar, the Executive Director, a member of a committee of the college, the Complaints Officer, a mediator, an investigator, a member of a Board of Inquiry or any officer, employee or agent of the college for any act done or omission made by that person in good faith in the exercise of their powers or the performance of their duties under this Act.

(2) No action for defamation may be founded on a communication regarding the conduct of a nurse or a former nurse if the communication is made or is published in good faith by a person described in subsection (1) in accordance with this Act or the bylaws.

(1) Where this Act requires that a notice or other document be served on the college, the document may be

(2) Where this Act requires that a notice or other document be served on a person, the document may be

(3) If a person to be served is a complainant who has made a complaint under subsection 56(1), an address provided by the person in writing to the college at the time of the complaint is deemed to be their address unless the person has provided the college with written notice of another address.

(4) If a person to be served is a registrant, the most recent address provided by the registrant in writing to the college is deemed to be their address.

(1) Nothing in the Dental Profession Act, the Health and Social Services Professions Act, the Medical Profession Act, the Pharmacy Act or the Veterinary Profession Act prohibits a registrant from

(2) A person shall not be held liable for civil damages as a result of acts done or omissions made in good faith under subsection (1) during the time the person was a registrant unless it is established that injuries or death were caused by gross negligence on their part.

(1) Subject to subsections (7) and (8), no person shall

(2) Subject to subsections (7) and (8), no person shall

(4) Subject to subsections (7) and (8), no person shall

(5) Subject to subsections (7) and (8), no person shall

(6) Subject to subsections (7) and (8), no person shall

(7) A person who is not regularly engaged in the practice of nursing in the Northwest Territories, but who is registered as a nurse in a province or another territory may, without being registered under this Act,

in the course of assisting with the care of a patient who is being transported into the Northwest Territories from the province or territory where the nurse is registered, or out of the Northwest Territories to the province or territory where the nurse is registered.

(8) A person may employ or engage a person described in subsection (7) to perform the services described in that subsection.

(9) Every person who contravenes this Act, the regulations or the bylaws is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 90 days, or to both.

(10) A prosecution for an offence under this Act, the regulations or the bylaws must not be commenced more than two years after the day when the offence is alleged to have been committed.

(11) 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,

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(2) The Minister shall consult with the college before making or amending regulations under subsection (1).

(1) If, on the coming into force of this section, a person holds a practical nursing licence issued under subsection 3(1) of the Licensed Practical Nurses Act, RSNWT 1988,c.C-2, and is registered in the Licensed Practical Nurses Register kept under that Act as a licensed practical nurse,

(2) If, on the coming into force of this section, a person holds a certificate of registration as a registered nurse issued under subsection 22(1) of the Nursing Profession Act, SNWT 2003,c.15, and is registered in the Nursing Register maintained under that Act as a registered nurse,

(3) If, on the coming into force of this section, a person holds a certificate of registration as a nurse practitioner issued under subsection 24(1) of

registered in the Nurse Practitioner Register maintained under that Act,

(4) If, on the coming into force of this section, a person holds a temporary certificate issued under the Nursing Profession Act, SNWT 2003,c.15, and is registered in a register maintained under subsection 20(1) of that Act as a temporary certificate holder,

(1) An application process, investigation or proceeding commenced under the Licensed Practical Nurses Act, RSNWT 1988,c.C-2, must be continued under and in conformity with that Act, as if that Act had not been repealed.

(2) For the purposes of an investigation continued under subsection (1), the Licensed Practical Nurses Investigation Regulations, RRNWT 1990,c.C-1, remain in force and are deemed to have been made under this Act, until they are repealed.

(3) An application process, investigation or proceeding commenced under the Nursing Profession Act, SNWT 2003,c.15, must be continued under and in conformity with this Act as far as the process, investigation or proceeding can be adapted to this Act.

(1) In this section, "former act" means the Nursing Profession Act, SNWT 2003,c.15 or the Licensed Practical Nurses Act, RSNWT 1988,c.C-2.

(2) Bylaws made under the Nursing Profession Act, SNWT 2003,c.15, to the extent that they are consistent with this Act, remain in force and are deemed to have been made under this Act, until they are repealed or others made in their stead.

(3) The college may make bylaws

(4) A bylaw made under subsection (3) may be made retroactive to the extent set out in the bylaw.

(5) A bylaw made under subsection (3) is repealed on the earliest of

(6) The repeal of a bylaw under paragraph (5)(b) or (c) does not affect anything done, incurred or acquired under the authority of the bylaw before the repeal of the bylaw. CONSEQUENTIAL AMENDMENTS

(1) The Employment Standards Act is amended by this section.

(2) Subsection 30.3(1) is amended by repealing the definition "health care professional" and substituting the following:

"health care professional" means a person who is entitled to practice as a physician or nurse under the laws of the jurisdiction in which health care is provided to an employee or an employee’s family member; (professionnel de la santé)

(3) Subsection 33(4) is repealed and the following is substituted:

(4) A registered nurse or a registered psychiatric nurse may sign a medical certificate if the employee resides in a community in the Northwest Territories in which no qualified medical practitioner is resident.

(1) The Motor Vehicles Act is amended by this section.

(2) Paragraph 87.1(b) is repealed and the following is substituted:

(3) That portion of subsection 103(4) preceding paragraph (a) is repealed and the following is substituted:

(4) A medical professional who is a medical practitioner or a nurse practitioner is not required to send a notice under subsection (1) if

(4) Paragraph 104(2)(b) is repealed and the following is substituted: b) that the driver’s licence of the person may be suspended or cancelled or that the person may be disqualified from holding a driver’s licence or prohibited from operating a motor vehicle, unless the person undergoes a prescribed medical examination by the date specified in the notice and by a medical practitioner or nurse practitioner specified by the Registrar or, if the Registrar does not specify a particular medical practitioner or nurse practitioner, by any medical practitioner or nurse practitioner.

(5) The following provisions are each amended by striking out "medical professional" and substituting "medical practitioner or nurse practitioner":