Medical Act

Section 56.2


56.2(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 the physical or mental state of the member exposes or is likely to expose his patients to harm or injury and shall
(a) refer the matter to the Review Committee; or

(b) appoint a Board of Inquiry and refer the matter directly to the Board.
56.2(2) If a direction has been given under subsection (1),
(a) the College shall prosecute the matter expeditiously;

(b) the Review Committee shall give the precedence to the matter,

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

(d) Council, after receipt of the decision of the Review Committee or Board of Inquiry, shall deal with the decision and, if required, shall proceed with its hearing and render its decision, expeditiously.
56.2(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 Review Committee or Board of Inquiry, or the 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.

56.2(4) In a matter in which a direction was given under subsection (1),

(a) the direction, and

(b) the 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 findings or order.
56.2(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 the direction; and

(b) at least ten days' notice to make written submissions to the body giving the direction.
56.2(6) Notwithstanding subsection (5), if Council or the Executive Committee considers the matter to be an emergency requiring immediate action, it may give a direction under subsection (1) to immediately suspend or impose conditions or limitations on a member's licence.

56.2(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 to make written submissions to the body giving the direction.