Medical Act

Section 60


60(1) When Council, after an inquiry by the Review Committee or a Board of Inquiry, orders
(a) that the licence or specialist's licence of a member be revoked or suspended,
(b) that conditions, limitations or restrictions be imposed on the licence or specialist's licence of a member, or
(c) that a member be reprimanded
Council may order that the member pay
(d) the costs of the Council, in whole or in part, and
(e) if applicable, the costs, in whole or in part, of the person at whose request the Board of Inquiry was appointed
(i) the costs of the Council, in whole or in part, and
(ii) if applicable, the costs, in whole or in part, of the person at whose request the Board of Inquiry was appointed.
60(1.1) When a member is ordered to pay costs under subsection (1), Council may make it a condition of the registration or licence of the member that such costs be paid forthwith, or at such time and on such terms as Council may fix.

60(1.2) In making an order that the member pay the costs of the Council or the costs of the person at whose request the Board of Inquiry was appointed, or both, Council shall consider any recommendation by the Review Committee or the Board of Inquiry with respect to the payment of costs.

60(2) When a Board of Inquiry appointed pursuant to a request under subsection 58(11) finds that the inquiry was unwarranted, Council may order that the person at whose request the Board was appointed pay

(a) the costs of the Council, in whole or in part,
(b) if applicable, the costs, in whole or in part, of the member whose conduct or fitness to practise was inquired into, and
(c) if applicable, the costs, in whole or in part, of a person at whose request the Board of Inquiry was appointed.
60(3) The costs payable under subsection (1) or (2) may be agreed upon by consent order or taxed by the Registrar of the Court of Queen's Bench of New Brunswick as between solicitor and client on filing with the Registrar the order of the Council and on payment of the fees prescribed by the Rules of Court, and judgment may be entered for such taxed costs in Form B of this Act with all necessary modifications.

60(4) Council shall apply a deposit made under subsection 59(5) to costs taxed and allowed by the Registrar of The Court of Queen's Bench of New Brunswick.

60(5) Where the costs taxed and allowed by the Registrar of the Court of Queen's Bench of New Brunswick exceed the amount of the deposit made under subsection 59(5), Council shall apply the deposit pro rata to the said costs.

60(6) Council shall return the portion of a deposit made under subsection 59(5) which is not applied under subsection (4) or (5) to costs taxed and allowed by the Registrar of the Court of Queen's Bench of New Brunswick to the person who made the deposit when the matter is disposed of by the Council, or on the disposition of any appeal.

60(7) For the purposes of this Part, "costs of the Council" include:

(a) all costs and expenses incurred by the College, the Council, the Review Committee, the Complaints and Registration Committee and a Board of Inquiry including legal costs on a solicitor-client basis; and
(b) honoraria paid to members of the Council, the Review Committee, the Complaints and Registration Committee and a Board of Inquiry;
incurred in investigating the matter, conducting all hearings and prosecuting any appeals or responding to any appeals.

60(8) If Council orders that all or part of its costs be paid by the member based on the recommendation of the Review Committee or the Board of Inquiry, the Registrar of the Court of Appeal, in taxing costs under subsection (3), may not reduce or apportion the costs or expenses claimed by the Council because

(a) the member was not found guilty of all complaints of professional misconduct for all the reasons alleged; or
(b) the member was not found unfit to practice for all of the complaints considered.