Medical Act

Section 56.1


56.1(1) Council or the Executive Committee may direct the Registrar to suspend or impose conditions or limitations on a member's licence if it is of the opinion that a complaint involving the member requires immediate action.

56.1(2) If a direction has been given under subsection (1)

(a) Council or the Executive Committee shall refer the complaint to the Complaints and Registration Committee or appoint a Board of Inquiry and refer the complaint directly to the Board;

(b) the College shall prosecute the matter expeditiously;

(c) the Complaints and Registration Committee shall give precedence to the matter;

(d) a Board of Inquiry, if established, shall proceed with a hearing and deliver its findings expeditiously; and

(e) Council, after receipt of the recommendation of the Complaints and Registration Committee or the findings of the Board of Inquiry, shall deal with the recommendation or findings expeditiously and, if required, shall proceed with its hearing and issue its order expeditiously.
56.1(3) A suspension or the imposition of conditions or limitations on a member's licence or specialist licence shall not be stayed by a court of competent jurisdiction and shall continue until the matter is finally disposed of by Council, or a court of competent and final jurisdiction, if the direction under subsection (1) or the findings of the Board of Inquiry or order of Council are appealed or are subject to judicial review unless the member establishes to the court a prima facie case that he would suffer irreparable harm and that the public interest favours granting the stay.

56.1(4) In a matter in which a direction was given under subsection (1),

(a) the direction, and

(b) the decision of the Board of Inquiry and the decision and order of Council
(i) continuing the direction under subsection (1), or
(ii) directing the Registrar to revoke, suspend or impose other conditions or limitations on a member's licence,
take effect immediately despite any appeal or application for judicial review of the direction, decisions or order.
56.1(5) No direction shall be given under subsection (1) unless the member has been given,
(a) notice of Council's or the Executive Committee's intention to give the direction and the reasons supporting their intention; and

(b) at least ten days' notice to make written submissions to the body giving the direction.
56.1(6) Notwithstanding subsection (5), if Council or the Executive Committee considers the matter to be an urgent matter requiring immediate action, it may give a direction under subsection (1) to immediately suspend or impose conditions or limitations on a member's licence.

56.1(7) If a direction has been given under subsection (1) in the circumstances of subsection (6) the Registrar shall immediately give the member,

(a) notice of Council's or the Executive Committee's direction and the reasons supporting the direction; and

(b) at least ten days' notice to make written submissions to the body giving the direction.
56.1(8) If a direction has been given under subsection (1) and the complaint referred to the Complaints and Registration Committee, the member involved may request Council to appoint immediately a Board of Inquiry and refer the matter directly to the Board.