Medical Act

Section 61



61(1) Any party to a proceeding before a Board of Inquiry, or the Review Committee may appeal from

(a) the findings of the Board of Inquiry; or
(b) an order of Council
to the Court of Appeal of New Brunswick by giving notice of appeal within thirty days of the service of the order of Council, or within such further time as may be allowed by The Court of Appeal of New Brunswick or a judge thereof.

61(2) The notice of appeal shall be served upon the Registrar and upon any person at whose request the Board of Inquiry was established.

61(3) The record on appeal

(a) from the findings of a Board of Inquiry shall consist of a copy of the transcript of the proceedings and the evidence before the Board of Inquiry, certified by the Chairman of the Board of Inquiry as being the record made of the proceedings and the evidence;
(b) from an order of Council shall consist of a copy of the order of Council, and the findings and recommendation of the Review Committee or Board of Inquiry, certified by the Registrar.
61(3.1) A judge of the Court of Appeal may, on the application of the College, Council, the Registrar, a witness or any person having an interest in the proceedings other than the member, make an order directing that the identity of any person or witness, and any evidence that could disclose the identity of a person or witness, not be published in any document or be broadcast in any manner.

61(4) Notwithstanding the Rules of Court, the Court of Appeal of New Brunswick may receive and consider any further evidence which it considers relevant.

61(5) The Court of Appeal of New Brunswick may make such order as to costs as may be just.

61(6) The Rules of Court governing appeals from The Court of Queen's Bench of New Brunswick to The Court of Appeal of New Brunswick which are not inconsistent with this Act, shall apply mutatis mutandis to appeals to The Court of Appeal of New Brunswick under this section.