There is established an Appeals Committee from which panels of Council will be selected.
Duties and Powers (Bylaws)
A panel of Council from the Appeals Committee shall:
- carry out the duties and powers of Council under sections 87 through 89 inclusive of the Act to the Appeals Committee.
- carry out the duties and powers of Council under section 93 of the Act.
- carry out the duties and powers of Council under section 118 (6) to 118 (8) of the Act.
- exercise any other authority specifically delegated to it in the Regulations or Bylaws.
- The Appeals Committee shall consist of six members of Council, appointed by Council, three of whom shall be public representatives and three of whom shall be Registered Nurses, subject to 22.4(2).
- Each panel of Council drawn from the Appeals Committee shall consist of a minimum of four members of the Appeals Committee, with at least 50% of the Panel being public representatives.
- Council designates the Hearings Director to select the members of the Appeals Committee who will sit on particular panels and select the Chair of each panel.
- The Chair can be either a registered member or a government appointed public member.
Term of Office (Bylaws)
- The term of office of Appeals Committee members shall be one year, unless, at the time of appointment, Council specifies a different term.
- Members of Council appointed to the Appeals Committee shall continue to hold office after the expiry of the member’s term for the sole purpose of concluding appeal hearings that have commenced but not been completed.
A quorum of the Appeals Committee is four members, two of whom must be government appointed public representatives.
Panel decisions shall be by a majority vote. If a Panel is sitting with an even number and there is a tie vote, then the Chair shall cast a second and deciding vote.
- Each member of the Appeals Committee shall keep information received as a member of the committee confidential.
- Information regarding a matter before the Appeals Committee shall be published or otherwise released only in accordance with the Act, the Regulations, Bylaws or as otherwise required by law.
- The Appeals Committee may authorize the disclosure of information for statistical use when the information cannot be attributed to a particular individual or facility.
College Expenses for Section 93 HPA Application
The panel of Council may direct the investigated person to pay, within the time set by the panel of Council, all or part of the expenses of, costs of and fees related to section 93 of the Health Professions Act application, including:
- Legal expenses and legal fees for legal services provided to the college, Complaints Director and panel of Council.
- Travelling expenses and a daily allowance, as determined by the Council, for the members of the panel of Council who are not public members.
- The costs of creating a record of the proceedings and transcripts and of serving documents and any other expenses of the college directly attributable to the application.