Medical Act

Section 57


57(1) The Council shall maintain a standing committee which shall be known as the Complaints and Registration Committee.

57(2) The Committee shall be composed of

(a) one member of Council who shall be chairman of the Committee;

(b) not less than two other members of the College; and

(c) not less than two other persons who have never been members of the College but may be members of Council.
57(3) Council may appoint a person to replace a member of the Committee who is unable or unwilling to act with respect to any matter referred to the Committee and this person shall replace the member during all proceedings relating to the matter.

57(4) Three members of the Committee constitute a quorum for the transaction of the business of the Committee.

57(5) The Committee shall:

(a) consider and investigate complaints regarding the actions or conduct of any member of the College;

(b) consider and investigate complaints that any member of the College may be unfit or incapacitated member; and

(c) perform such other duties as may be assigned to it by Council.
57(6) No action may be taken by the Committee under subsection (8) unless
(a) the member has been notified of the complaint and given at least two weeks to submit in writing to the Committee any explanations or representations he may wish to make concerning the matter; and

(b) the Committee has examined, or has made a reasonable effort to examine, all records and other documents relating to the complaint.
57(8) The Committee
(a) may recommend that no further action be taken;

(b) may at any time refer a complaint or complaints, in whole or in part, or any other allegations, issues or information that arose during the course of their investigation, to the Review Committee for the purposes of section 58, and the reference is deemed to be a complaint for all purposes of the Act;

(c) may recommend that the matter be referred, in whole or in part, to a Board of Inquiry for the purposes of section 59; or,

(d) may make any other recommendations if considers appropriate
57(8.1) Where a matter is referred, in whole or in part, to the Review Committee pursuant to paragraph (8)(b), subsections (9), (10) and (11) do not apply to any such matter, or part of a matter which has been referred, but the Complaints and Registrations committee shall advise Council of the referral.

57(9) The Committee shall report its findings and recommendations in writing to Council.

57(10) Upon the Committee reporting to Council,

(a) Council may adopt the recommendations of the Committee, or may take such other action as Council considers appropriate; and

(b) the Registrar shall cause to be served upon the member and the complainant, a copy of the findings and recommendations of the Committee and the order of the Council.
57(11) Where the member or complainant is not satisfied with the order of the Council, other than an order that the matter be referred to the Review Committee or a Board of Inquiry, the matter shall be referred to the Review Committee if the member or complainant files a written statement with the Registrar within thirty days after service of the order of the Council.

57(12) Nothing precludes the Committee from reconsidering any findings or recommendation made by it, and the Committee may, on its own motion or on a request by the member or Council or any other person having an interest in the findings or recommendation, reconsider any findings or recommendation made by it and vary or revoke any findings or recommendation made by it.