Psychological Association of Manitoba By-law No. 1

Psychological Association of Manitoba By-law No. 1, M.R. 31/2006 The Psychologists Registration Act , C.C.S.M. c. P190 Regulation 31/2006 Registered February 8, 2006 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions PART 2 PSYCHOLOGICAL ASSOCIATION OF MANITOBA 2 Office of the Association 3 Seal 4 Life Members 5 Meetings of the association 6 Elections of members of council 7 Council 8 Meetings of council 9 Officers and their duties 10 Examination committee 11 Nominating committee 12 Registration and membership committee 13 Standards committee 14 Other committees PART 3 PRACTICE OF PSYCHOLOGY 15 Code of ethics, standards and guidelines 16 Specialization PART 4 COMPLAINTS 17 Definitions COMPLAINTS COMMITTEE 18 Complaints committee 19 Complaints against members 20 Referral to complaints committee 21 Informal resolution DECISION OF COMPLAINTS COMMITTEE 22 Decision of complaints committee 23 Conditions on right to practise CENSURE 24 Personal appearance VOLUNTARY SURRENDER OF REGISTRATION 25 Voluntary surrender of registration 26 Conditions on reinstatement APPEAL BY COMPLAINANT 27 Appeal by complainant to council SUSPENDING A MEMBER BEFORE A DECISION IS MADE 27.1 Suspension or conditions pending decision MISCELLANEOUS 28 Referral to inquiry committee 29 Disclosure of information to authorities INQUIRY COMMITTEE 30 Inquiry committee 31 Selection of panel HEARING 32 Hearing 33 Right to appear and be represented 34 Documentary evidence 35 Investigation of other matters 36 Hearing open to public 37 Evidence 38 Witnesses 39 Hearing in absence of member DECISION OF PANEL 40 Findings of panel 41 Orders of panel 42 Costs and fines 43 Written decision 44 Publication of decision APPEAL TO COURT 45 Appeal to court 46 Powers of court on appeal 47 Stay pending appeal REINSTATEMENT 48 Reinstatement PART 5 GENERAL PROVISIONS 49 Fiscal affairs and audits 50 Authentication of deeds and documents 51 Rules of order 52 Amendments of by-laws 53 Protection from liability PART 6 TRANSITIONAL, REVIEW AND REPEAL 54 Transitional 55 Review of regulation 56 Repeal PART 1 DEFINITIONS Definitions 1 The following definitions apply in this by-law. "Act" means The Psychologists Registration Act . («  Loi  ») "court" means the Court of King's Bench. (« tribunal ») "psychological associate" means a person whose name is entered on the register of psychological associates under the Act. (« psychologue associé ») "psychological candidate" means a person whose name is entered in the register of psychological candidates under the Act. (« candidat psychologue ») "psychologist" means a person whose name is entered on the register of psychologists under the Act. (« psychologue ») "public representative" means a person who is not and never has been registered under the Act. (« représentant du public ») "register" means a register established under the Act. (« registre ») "registrar" means the registrar of the association. (« registraire ») "regulations" means the regulations made under the Act. (« règlements ») PART 2 PSYCHOLOGICAL ASSOCIATION OF MANITOBA Office of the Association 2 The offices of the association must be at such place in the Province of Manitoba as the council must from time to time determine. Seal 3 The council must adopt a corporate seal for the association, and may change a corporate seal that has been adopted. Life Members 4(1) When a member of the association in good standing attains the age of 65 years and has been a member of the association for at least 25 years or is a Charter Member, that member is eligible to be enrolled as a Life Member of the association. Limits and privileges: Life Members 4(2) A person enrolled as a Life Member is not entitled to practise, but may serve on council or a committee and is entitled to vote at meetings of members. M.R. 57/2010 Annual meeting of the association 5(1) The annual meeting of the association must be held during the month of April every year, at such time and place as may be decided by the council, for the purpose of receiving the annual report of the council and reports of officers and committees. Written notice of the meeting signed by the registrar must be mailed to each member at his or her address as it appears on the books and records of the association, not less than 10 days before the meeting. Other meetings of the association 5(2) A meeting of members of the association may be called by the president at any time, at the direction of the council or upon request of at least 25% of the members of the association. Written notice of the meeting signed by the registrar must be mailed to all members not less than seven days before the meeting. Technical deficiency does not invalidate 5(3) The accidental omission to give notice of any meeting, or the non-receipt of any notice by any member or members, or by the auditor of the association, does not invalidate any resolution passed or any proceedings taken at any meeting of members. Questions to be decided by vote 5(4) Every question submitted to any meeting of members must be decided by a majority of votes cast by psychologists and psychological associates certified for independent practice on a show of hands. In case of an equality of votes, except as provided by subsection 6(4), the chairperson must both on a show of hands and at a poll have a second or casting vote. At any meeting, unless a poll is demanded, a declaration by the chairperson that a resolution has been carried, carried unanimously or by a particular majority, or lost or not carried by a particular majority is conclusive evidence of the fact, without proof of the number or proportion of votes recorded in favour of or against the motion. Absence of chairperson 5(5) In the absence of the president and vice president, the psychologists and psychological associates certified for independent practice present at any meeting of members must choose another member of the council as chairperson. If no member of the council is present, or if all the members of the council present decline to act as chairperson, the psychologists present must choose one of their number to be chairperson. Voting procedure 5(6) If at any meeting a poll is demanded on the election of a chairperson or on the question of adjournment, it must be taken forthwith without adjournment. If a poll is demanded on any other question, it must be taken in such manner and at the time that the chairperson directs. The result of a poll is deemed to be the resolution of the meeting at which the poll was demanded. A demand for a poll may be withdrawn. If a poll is demanded, the chairperson must appoint two scrutineers for the purpose of taking the vote. Adjournment 5(7) The chairperson may, with the consent of any meeting, adjourn it from time to time. No notice of such adjournment need be given to the members. Any business may be brought before or dealt with at any adjourned meeting which might have been brought before or dealt with at the original meeting, in accordance with the notice given for the original meeting. Quorum 5(8) The presence of two psychologists is a quorum of any meeting of members for the choice of a chairperson and the adjournment of the meeting; for all other purposes 10 persons who are psychologists or psychological associates certified for independent practice must be present to constitute a quorum. No business shall be transacted at any meeting unless the requisite quorum is present at the commencement of such business. Elections of members of council 6(1) The council must, by resolution, (a) fix the date of the annual meeting; and (b) fix a date as the last date for receiving nominations for the election of members to council. The council may, by further resolution, extend the period for receiving nominations beyond the date fixed under clause (b). Notice of council election 6(2) The registrar must, not less than 30 days before the date fixed for receiving nominations, send to every member of the association resident in Manitoba and in good standing as at January 1 of the year, a letter stating (a) that an election will be held for the purpose of electing new members of the council, and the date of the election; (b) the date fixed under clause (1)⁠(b) for receiving nominations for the election; (c) that in order to be eligible for election a candidate must be a psychologist and be nominated by at least three members in good standing of the association; and (d) that nominations must be addressed to the registrar and received not later than the last date fixed for receiving nominations, together with a nominating paper properly completed in the form approved by the council. Voting procedure 6(3) The members of the council must be elected by the psychologists and psychological associates certified for independent practice voting (a) by ballot cast at the annual meeting of the association; or (b) at the option of the council, by way of ballot mailed to the member by the registrar, so long as the ballot cast is received by the registrar by April 1 in the year of the election. Determining election results 6(4) The registrar must conduct the election and must declare elected as members of the council the seven candidates who have received the greatest number of votes. In the event of a tie between any two or more candidates necessary to complete the membership of the council, the member or members to be elected must be decided from among such names by a drawing to be conducted under the supervision of the registrar. Notice to elected candidates 6(5) The registrar must forthwith in writing inform the candidates elected. Council 7(1) Members of the council are elected for a term of two years. The affairs of the association must be managed by the council, which may exercise all such powers and do all such acts and things as may be exercised or done by the association. The council must not exercise any powers, or do any act or thing, which the by-laws, a special resolution of the association, or a statute expressly directs or requires be done by the association at a general meeting of members. Council members eligible for re-election 7(2) Each member of the council, if otherwise qualified, is eligible for re-election for an additional term or terms. Council vacancy 7(3) Any vacancy on the council must be filled by appointment by the remaining council members, and the appointment continues until the termination of the unexpired term. Assumption of office 7(4) Members of the council assume office at the conclusion of the meeting at which they are elected. Meetings of council 8(1) At least two meetings of the council must be held each year at such place within Manitoba as the council may from time to time designate. One meeting must be the annual meeting of the council, which must be held no later than May 31. Calling of council meetings 8(2) Meetings may be called by the president in his or her sole discretion, and must be called upon the written request of four or more members of the council. Notice of council meetings 8(3) The registrar must give members of the council such notice of the time, place and purpose of all meetings as is practical. Officers and their duties 9(1) The officers of the association are the president, vice president, registrar and treasurer all of whom must be psychologists and all of whom, except the registrar, must be members of the council. Selection of officers 9(2) The officers must be chosen at the annual meeting of the council, but if a vacancy occurs in the officers between annual meetings of the council, the vacancy may be filled by the council at its next meeting. Duties of president 9(3) The president is the chairperson and chief executive officer of the association, and must preside at the annual and special meetings of the association and at the regular and special meetings of the council. The president must call all meetings as provided in this by-law, must enforce the by-laws and must present, at the annual meeting of the association, a report on the activities of the association. Duties of vice president 9(4) The vice president must exercise all of the powers of the president during the absence or incapacity of the president, and must perform such other duties as may be assigned to him or her by the council. Duties of registrar 9(5) The registrar must (a) act as secretary in conducting correspondence on behalf of the association; (b) attend the meetings of the association and of the council; (c) record upon the books and records of the association, the proceedings of the association and of the council at their respective meetings; (d) be in charge of the registers; (e) collect all material furnished in support of applications for membership; (f) collect dues and other prescribed charges from the membership; (g) notify the members of the association and the council of their respective meetings in accordance with the bylaws of the association; and (h) perform such other duties as the council may from time to time prescribe. As and where directed by the council, the registrar may delegate such portion of his or her duties as may be necessary for the good functioning of the office and that of the association. Duties of treasurer 9(6) The treasurer is the chief financial officer of the association and must (a) receive and deposit in a bank, credit union, or other financial institution approved by the council, all the money of the association; (b) keep an accurate account of the money received and deposited under clause (a); (c) make such disbursements as may be determined from time to time by the council; (d) make reports of the finances of the association annually and whenever requested by the council; and (e) ensure the proper investment of the money of the association and the safekeeping of all security and money of the association. At the end of his or her term of office, the treasurer must deliver to his or her successor all books, moneys and other property of the association then in his or her possession. Examination committee 10(1) The council must appoint an examination committee consisting of (a) a psychologist who is to be chair of the committee; and (b) such other members as council may appoint. Administering the examination program 10(2) The examination committee must administer the examination program of the association in accordance with the regulations. Examination subcommittee 10(3) In respect of every applicant for registration required by the council or the by-laws to take an examination, the examination committee must appoint an examination subcommittee consisting of (a) a psychologist competent in the area or areas of psychology in which the applicant claims competence; and (b) two or more other members, at least one of whom is a psychologist and, if the candidate for examination is a psychological associate, at least one of whom is a psychological associate certified for independent practice if one is available and willing to be appointed. Chair 10(4) The examination committee must appoint one of the members appointed to a subcommittee under subsection (3) to chair the subcommittee. Duties of examination subcommittee 10(5) Each examination subcommittee is responsible for administering and evaluating the examination of the individual applicant who comes before it, must administer the form of examination directed by the council, and must report to the council the results of the examination at the meeting of the council immediately following completion of the examination. Nominating committee 11(1) The council must appoint a nominating committee consisting of (a) a member who is to be chair of the committee; and (b) other members of the association and public representatives as appointed from time to time. Duties of nominating committee 11(2) The nominating committee must (a) each year, at least 14 days before the date of the annual meeting of council, provide the registrar with a list of nominees who are prepared to act as officers of the association, chairperson, vice chairperson, and members of the committees of the association; and (b) on or before the date fixed by the council for the receipt of nominations under clause 6(1)⁠(b), provide the registrar with a slate of nominees for the council. Registration and membership committee 12(1) The council must appoint a registration and membership committee consisting of (a) a member who is to be chair of the committee; and (b) other members of the association and public representatives as appointed from time to time. Duties of registration and membership committee 12(2) The registration and membership committee must consider and make recommendations with respect to all applications for registration, in accordance with the Act and the regulations. Standards committee 13(1) The council must appoint a standards committee consisting of (a) a member who is to be chair of the committee; and (b) other members of the association and public representatives as appointed from time to time. Duties of standards committee 13(2) The standards committee must (a) advise council on any changes deemed necessary or advisable in the educational requirements for registration, and on all matters relating to the requirement for, and provision of, psychological personnel in the province; (b) establish standards and methods of control relative to professional competence and credentials; and (c) receive, investigate and respond to complaints concerning the unauthorized use of psychological titles and descriptions of services contrary to the Act. Other committees 14 In addition to the committees required to be appointed under the Act and regulations, the council may appoint such other committees as it deems necessary, with such powers and duties as the council may decide. PART 3 PRACTICE OF PSYCHOLOGY Code of ethics, standards and guidelines 15 The association may, by resolution, adopt one or both of the following: (a) a code of ethics governing the conduct of members; (b) standards and guidelines for the provision of psychological services. If the association adopts a code, or standards and guidelines, made by a non-government body, it may adopt it as amended from time to time, and the association may adopt any such document subject to any changes it considers necessary. Specialization 16(1) The council may require the standards committee to appoint a specialization subcommittee from among the members of the standards committee. Duties of specialization subcommittee 16(2) The specialization subcommittee is to determine specific areas of the practice of psychology in which members may be certified as a specialist. Application to the specialization subcommittee 16(3) A member who seeks to be certified as a specialist in a particular area of practice must apply to the specialization subcommittee, which must consider the application and recommend to the council whether or not the member should be certified a specialist in that particular area. Matters to be considered by the subcommittee 16(4) In arriving at a recommendation, the specialization subcommittee must consider a member's training and experience, and may require the member to write an examination and provide work samples. Recommendation of the subcommittee 16(5) The council may accept, reject or modify any recommendations made by the specialization subcommittee. The council must advise the member of its decision in writing. Reconsideration by council 16(6) A member whose request for certification as a specialist has been denied in whole or in part may request that the council reconsider the matter. In reconsidering the matter, the council may require the member to make further submissions, but is not required to do so. The council must advise the member of its final decision in writing. Recommendations to members 16(7) The council may, but is not required to, make recommendations to members to assist the members in obtaining certification as specialists. Further education and re-examination 16(8) To maintain a specialist certification, the council may require a member to do one or both of the following: (a) take further education courses in the member's specialty area; (b) submit to a re-examination at regular intervals. PART 4 COMPLAINTS Definitions 17 The following definitions apply in this Part, "conduct" includes an act or omission. (« conduite ») "investigated member" means a member or a former member who is the subject of an investigation or whose conduct is the subject of a hearing under this Part. (« membre faisant l'objet de l'enquête ») COMPLAINTS COMMITTEE Complaints committee 18(1) The council must appoint a complaints committee consisting of (a) a psychologist who is to be the chair of the committee; (b) other members of the association and public representatives appointed from time to time. Public representatives 18(2) At least 1/3 of the persons appointed to the complaints committee must be public representatives. Psychologists 18(3) A majority of the persons appointed to the complaints committee must be psychologists. Psychological associate 18(4) At least one of the persons appointed to the complaints committee must be a psychological associate certified for independent practice, if one is available and willing to be appointed. Complaints against members 19(1) Any person may make a complaint in writing to the registrar about the conduct of a member, and the complaint must be dealt with in accordance with this Part. Complaints against former members 19(2) If, after a member's registration is cancelled, suspended or not renewed under the Act or this regulation, (a) a complaint is made about the former member; and (b) the complaint relates to conduct occurring before the cancellation, suspension or non- renewal occurred; the complaint may, despite the cancellation, suspension or non-renewal, be dealt with within five years from the date of the cancellation or non-renewal as if the former member's registration were still in effect. Referral to complaints committee 20 The registrar must refer to the complaints committee (a) a complaint made under section 19; and (b) any other matter that the registrar considers appropriate. Informal resolution 21(1) On referral of a complaint or other matter to the complaints committee, the complaints committee may attempt to resolve it informally, if the committee considers informal resolution to be appropriate. Investigation 21(2) If informal resolution of a complaint has been attempted and the complaint is not resolved to the complainant's satisfaction, the complaints committee may direct that an investigation into the conduct of the member be held and may appoint an investigator to conduct the investigation. The committee may also direct an investigation and appoint an investigator in respect of any complaint or other matter that is referred to it, if the committee considers it appropriate to do so. Records and information 21(3) An investigator appointed under subsection (2) may (a) require the investigated member or any other member to produce to the investigator any records in his or her possession or under his or her control that may be relevant to the investigation; (b) require the investigated member or any other member to be interviewed for the purpose of the investigation; and (c) direct an inspection or audit of the practice of the investigated member. Failure to produce records 21(4) The association may apply to the court for an order (a) directing any member to produce to the investigator any records in his or her possession or under his or her control, if it is shown that the member failed to produce them when required to do so by the investigator; or (b) directing any person to produce to the investigator any records in his or her possession or under his or her control that are or may be relevant to the complaint being investigated. Investigation of other matters 21(5) The investigator may investigate any other matter related to the professional conduct or the skill in practice of the member that arises in the course of the investigation. Report to complaints committee 21(6) On concluding the investigation, the investigator must report his or her findings to the complaints committee. DECISION OF COMPLAINTS COMMITTEE Decision of complaints committee 22(1) The complaints committee may, after review or investigation, (a) direct that the matter be referred, in whole or in part, to the inquiry committee; (b) direct that the matter not be referred to the inquiry committee; (c) accept the voluntary surrender of the member's registration; (d) censure the member if (i) at least one member of the committee has met with the member and the member has agreed to accept the censure, and (ii) the committee has determined that no action is to be taken against the member other than the censure; (e) refer the matter to mediation if the committee determines that the complaint is strictly a matter of concern to the complainant and the member, and both parties agree to mediation; (f) enter into an agreement with the member that provides for one or more of the following: (i) assessing the member's capacity or fitness to practise psychology, (ii) counselling or treatment of the member, (iii) monitoring or supervising the member's practice of psychology, (iv) requiring the member to complete a specified course of studies by way of remedial training, (v) placing conditions on the member's right to practise psychology; or (g) take any other action that it considers appropriate in the circumstances and that is not inconsistent with or contrary to the Act or the regulations or by-laws under the Act. Matter not resolved by mediation 22(2) If a matter referred for mediation under clause (1)⁠(e) cannot be resolved, it must be referred back to the complaints committee, which may make any other decision under subsection (1) that it considers appropriate. Decision served on member and complainant 22(3) The complaints committee must serve on the member and the complainant a written notice setting out its decision and the reasons for the decision. Hearing not required 22(4) Except as required by clause (1)⁠(d), the complaints committee is not required to hold a hearing or give any person an opportunity to appear or to make formal submissions before making a decision under this section. Conditions on right to practise 23(1) If the complaints committee enters into an agreement with a member for conditions on the member's right to practise psychology under subclause 22(1)⁠(f)⁠(v), those conditions may include the conditions referred to in section 26. Costs of monitoring compliance 23(2) The complaints committee may order the member to pay all or part of the costs incurred by the association in monitoring compliance with conditions imposed on a member's right to practise psychology under an agreement entered into under subclause 22(1)⁠(f)⁠(v). CENSURE Personal appearance 24(1) The complaints committee may require a member who is censured under clause 22(1)⁠(d) to appear personally to be censured before the committee. Publication of censure 24(2) The complaints committee may publish the fact that a member has been censured, and publication may include the member's name and a description of the circumstances that led to the censure. VOLUNTARY SURRENDER OF REGISTRATION Voluntary surrender of registration 25(1) If the complaints committee accepts a voluntary surrender of a member's registration under clause 22(1)⁠(c), it may direct the member to do one or more of the following to the satisfaction of any person or committee that the complaints committee may determine, before the member's right to practise psychology may be reinstated: (a) obtain counselling or treatment; (b) complete a specified course of studies; (c) obtain supervised experience. Costs of monitoring compliance 25(2) The complaints committee may direct the member to pay any costs incurred by the association in monitoring compliance with a direction given under subsection (1). Conditions on reinstatement 26 A voluntary surrender remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the complaints committee may impose conditions on the member's entitlement to practise psychology, including conditions that the member do one or more of the following: (a) limit his or her practice; (b) practise under supervision; (c) not engage in sole practice; (d) permit periodic audits of his or her practice; (e) permit periodic audits of records; (f) report to the committee or the registrar on specific matters; (g) comply with any other conditions that the committee considers appropriate in the circumstances; and may order the member to pay all or any part of the costs incurred by the association in monitoring compliance with those conditions. APPEAL BY COMPLAINANT Appeal by complainant to council 27(1) When the complaints committee makes a decision under clause 22(1)⁠(b), (c), (d), (f) or (g), the complainant may appeal the decision to the council. Notice 27(2) An appeal is to be made by mailing a written notice of appeal to the registrar within 30 days after the date the complainant is notified of the complaints committee decision under subsection 22(3). Appointing an appeal panel 27(2.1) Upon receiving notice of an appeal from the registrar, the chair of the council must (a) appoint an appeal panel consisting of not less than three members of the council; and (b) appoint a member of the panel as chair. M.R. 57/2010 Non-council members may be appointed 27(2.2) Despite clause (2.1)⁠(a), the chair of a council may appoint one or more members of the college who are not members of the council to an appeal panel, if there are an insufficient number of council members without a conflict of interest, or potential conflict of interest, in the case under appeal. M.R. 57/2010 Exclusion from appeal panel 27(2.3) No person may be appointed to the appeal panel who has taken part in the review or investigation of the matter that is the subject of the appeal. M.R. 57/2010 Decision of appeal panel 27(2.4) A decision or action of an appeal panel is a decision or action of the council. M.R. 57/2010 Power on appeal 27(3) On an appeal under this section, the appeal panel must do one or more of the following: (a) make any decision that in its opinion ought to have been made by the complaints committee; (b) quash, vary or confirm the decision of the complaints committee; (c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the appeal panel may make. M.R. 57/2010 Notice of decision 27(4) The council must give the member and the complainant a written notice setting out its decision and the reasons for the decision. Hearing not required 27(5) The appeal panel is not required to hold a hearing or to give any person an opportunity to appear or to make oral submissions before making a decision under this section, but it must give the investigated member and the complainant an opportunity to make a written submission. M.R. 57/2010 SUSPENDING A MEMBER BEFORE A DECISION IS MADE Suspension or conditions pending decision 27.1(1) Despite any other provision of the by-laws of the association, the complaints committee or the chair of that committee may direct the registrar to suspend or place conditions on the investigated member's certificate of registration pending the outcome of proceedings arising from a complaint or other matter referred under section 20, but only if the committee or the chair, as the case may be, considers it necessary to protect the public from exposure to serious risk. M.R. 57/2010 Notice of suspension or conditions 27.1(2) Upon receiving a direction under subsection (1), the registrar must give written notice of the suspension or conditions and the committee or chair's reasons for the suspension or conditions to the investigated member and, where applicable, to the member's employer. M.R. 57/2010 Appeal of conditions 27.1(3) An investigated member whose certificate of registration has conditions placed on it under subsection (1) may, by giving notice in writing to the registrar, appeal the imposition of conditions to the council. M.R. 57/2010 Hearing by council 27.1(4) The council must hold a hearing as soon as reasonably possible but no later than 30 days after receiving the notice of appeal from the registrar. M.R. 57/2010 Right to appear and be represented 27.1(5) The association and the investigated member may appear and be represented by counsel at a hearing before the council, and the council may have counsel to assist it. M.R. 57/2010 Powers on appeal 27.1(6) On an appeal under this section. the council must decide whether the conditions are to be quashed, varied or confirmed, and may make an order as to any costs that may arise from its decision. M.R. 57/2010 Application for stay 27.1(7) The investigated member may apply to the court for an order staying a decision of the council under subsection (6) to vary or confirm the conditions pending the outcome of proceedings arising from the complaint or other matter referred under section 20. M.R. 57/2010 Application served on the registrar 27.1(8) The application must be served on the registrar. M.R. 57/2010 MISCELLANEOUS Referral to inquiry committee 28 Despite any other action it may have taken, with the exception of a censure, the complaints committee may at any time refer the conduct or complaint that was the subject of the investigation to the inquiry committee. Disclosure of information to authorities 29 Despite any other provision of this regulation, the complaints committee may disclose to a law enforcement authority any information respecting possible criminal activity on the part of a member that is obtained during an investigation into the member's conduct. INQUIRY COMMITTEE Inquiry committee 30(1) The council must appoint an inquiry committee consisting of (a) a psychologist who is to be the chair of the committee; (b) other members of the association and public representatives appointed from time to time. Public representatives 30(2) At least 1/3 of the persons appointed to the inquiry committee must be public representatives. Psychologists 30(3) A majority of the persons appointed to the inquiry committee must be psychologists. Psychological associate 30(4) At least one of the persons appointed to the inquiry committee must be a psychological associate certified for independent practice, if one is available and willing to be appointed. Selection of panel 31(1) Within 30 days after a matter is referred to the inquiry committee, the chair of the inquiry committee must select a panel from among the members of the inquiry committee to hold a hearing. Composition 31(2) A panel is to be composed of at least three persons, one of whom must be a public representative, and one of whom must be a psychologist. Composition 31(3) If the investigated member is a psychologist, the majority of the members of the panel must be psychologists. Composition 31(4) If the investigated member is a psychological associate, at least one member of the panel must be a psychological associate certified for independent practice if one is available and willing to be appointed. Exclusion from panel 31(5) No person may be selected for a panel who has taken part in the review or investigation of what is to be the subject matter of the panel's hearing. Effect of member being unable to continue 31(6) If a hearing has begun and a member of the panel is unable to continue to sit as a member, the panel may complete the hearing if the requirements of subsections (2), (3) and (4) continue to be met. HEARING Hearing 32(1) When a panel is selected, it must hold a hearing. Date of hearing 32(2) A hearing must begin within 120 days after the date on which the matter is referred to the inquiry committee, unless the investigated member consents in writing to a later date. Notice of hearing 32(3) At least 30 days before the date of the hearing, the registrar must serve a notice of hearing on the investigated member and the complainant stating the date, time and place of the hearing and identifying the complaint or matter about which the hearing will be held. Public notice of hearing 32(4) The registrar may issue a public notice of the hearing in any manner he or she considers appropriate, but the notice must not include the name of the investigated member. Right to appear and be represented 33(1) The association and the investigated member may appear and be represented by counsel at a hearing, and the panel may have counsel to assist it. Adjournments 33(2) The chair of the panel may adjourn a hearing from time to time. Recording of evidence 33(3) The oral evidence given at a hearing must be recorded. Member may examine documentary evidence 34(1) Before the day of the hearing, an investigated member must be given opportunity to examine any written or documentary evidence that will be produced and any report the contents of which will be given in evidence at the hearing. Member to provide documentary evidence 34(2) If the member intends to rely on any written or documentary evidence or any report at the hearing, he or she must provide a copy of that evidence or report to the association at least seven days before the hearing. Evidence of expert without report 34(3) If either the member or the association intends to call an expert as a witness at the hearing and there is no report from the expert, a summary of the expert's intended evidence, including his or her findings, opinions and conclusions, must be provided to the other party before the day of the hearing. Failure to provide summary 34(4) If the summary is not provided in accordance with subsection (3), the expert may testify at the hearing only with the leave of the panel. Investigation of other matters 35 The panel may investigate and hear any other matter concerning the conduct of the investigated member that arises in the course of its proceedings. In that event, the panel must declare its intention to investigate the further matter and permit the member sufficient opportunity to prepare a response. Hearing open to public 36(1) Except as otherwise provided in this section, a hearing of the panel must be open to the public, but there must be no reporting in the media of anything that would identify the investigated member, including the member's name, the business name of the member's practice or partnership, or the location of practice, unless and until the panel makes a finding under section 40. Request for a private hearing 36(2) The member or the association may request that the hearing or any part of it be held in private. When private hearing may be held 36(3) When a request is made under subsection (2), the panel may make an order excluding the public from the hearing or any part of it or directing that the member, the complainant, or any witness be identified only by initials, if the panel is satisfied that (a) matters involving public security may be disclosed; (b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public; (c) a person involved in a criminal proceeding or a civil suit or proceeding may be prejudiced; or (d) the safety of a person may be jeopardized. Reasons for excluding the public to be available 36(4) The panel must ensure that any order it makes under subsection (3) and its reasons are either given orally at the hearing or are available to the public in writing. Evidence 37(1) At a hearing, the oral evidence of witnesses must be taken on oath or affirmation, and the parties must have the right to cross examine witnesses and call evidence in defence and reply. Power to administer oaths and affirmations 37(2) For the purpose of an investigation or hearing under this regulation, the registrar and the chair of the panel have the power to administer oaths and affirmations. Witnesses 38(1) Any person, other than the investigated member, who in the opinion of the panel has knowledge of the complaint or matter being heard is a compellable witness in any proceeding before the panel. Notice to attend and produce records 38(2) The attendance of witnesses before the panel and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce. Registrar to provide notices 38(3) On the written request of the member or his or her counsel or agent, the registrar must provide any notices that the member requires for the attendance of witnesses or the production of records. Witness fees 38(4) A witness, other than the member, who has been served with a notice to attend or a notice for production under this section is entitled to be paid the same fees in the same manner as a witness in an action in the court. Failure to attend or give evidence 38(5) Proceedings for civil contempt of court may be brought against a witness (a) who fails to attend before the panel in compliance with a notice to attend; (b) who fails to produce any records in compliance with a notice to produce them; or (c) who refuses to be sworn or to affirm or to answer any question he or she is directed to answer by the panel. Hearing in absence of member 39 The panel, on proof of service on the investigated member of the notice of hearing, may (a) proceed with the hearing in the absence of the member or his or her agent; and (b) act, decide or report on the matter being heard in the same way as if the member were in attendance. DECISION OF PANEL Findings of panel 40 If, at the conclusion of a hearing, the panel finds that the member (a) is guilty of professional misconduct; (b) has contravened the Act or the regulations, by-laws or code of ethics of the association; (c) has been found guilty of an offence that is relevant to the member's suitability to practise; (d) has displayed a lack of knowledge or lack of skill or judgment in the practice of psychology; (e) has demonstrated an incapacity or unfitness to practise psychology; (f) is suffering from an ailment that might, if the member continues to practise, constitute a danger to the public; or (g) is guilty of conduct unbecoming a member; it must deal with the member in accordance with this regulation. Orders of panel 41(1) If the panel makes any of the findings described in section 40, it may make one or more of the following orders: (a) reprimand the member; (b) suspend the member's certificate of registration for a stated period; (c) suspend the member's certificate of registration until he or she has completed a specified course of studies or supervised practical experience, or both, to the satisfaction of any person or committee that the panel may determine; (d) accept, in place of the suspension of the certificate of registration, the member's undertaking to limit his or her practice; (e) impose conditions on the member's entitlement to practise psychology, including conditions that he or she (i) practise under supervision, (ii) permit periodic inspections of his or her practice, (iii) permit periodic audits of records, (iv) report on specified matters to any person or committee that the panel may determine, and (v) not engage in sole practice; (f) require the member to satisfy a person or committee that the panel may determine that a disability or addiction can be or has been overcome, and suspend the member's certificate of registration until the person or committee is satisfied; (g) require the member to take counselling or treatment; (h) direct the member to waive, reduce or repay money paid to the member that, in the opinion of the panel, was unjustified for any reason; (i) cancel the member's certificate of registration. Panel may consider censure 41(2) To assist the panel in making an order under this section, the panel may be advised of any censure or order previously issued to the member and the circumstances under which it was issued. Ancillary orders 41(3) The panel may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including an order that (a) a further or new investigation be held into any matter; or (b) a panel be convened to hear a complaint without an investigation. Costs when conditions imposed 41(4) If the panel imposes conditions on a member's entitlement to practise psychology under clause (1)⁠(e), it may also order the member to pay all or any part of the costs incurred by the association in monitoring compliance with those conditions. Contravention of order 41(5) If the council is satisfied that a member has contravened an order made under subsection (1), it may, without a further hearing, cancel the member's certificate of registration. Costs and fines 42(1) The panel may, in addition to or instead of dealing with the member's conduct in accordance with section 41, order that the member pay to the association, within the time set by the order, (a) all or part of the costs of the investigation, hearing and appeal; (b) a fine not exceeding $10,000.; or (c) both the costs under clause (a) and the fine under clause (b). Nature of costs 42(2) The costs referred to in subsection (1) may include, but are not limited to, (a) all disbursements incurred by the association, including (i) fees and expenses for experts, investigators and auditors whose reports or attendances were reasonably necessary for the investigation or hearing, (ii) fees, travel costs and reasonable expenses of any witnesses required to appear at the hearing, (iii) fees for retaining a reporter and preparing transcripts of the proceedings, and (iv) costs of service of documents, long distance telephone and facsimile charges, courier delivery charges and similar miscellaneous expenses; (b) payments made to members of the panel or the complaints committee; and (c) costs incurred by the association in providing counsel for the association and the panel, whether or not counsel is employed by the association. Failure to pay costs and fines by time ordered 42(3) If the member is ordered to pay a fine or costs or both under subsection (1), or under subsection 41(4), and fails to pay within the time ordered, the registrar may cancel his or her certificate of registration until payment is made. Filing of order 42(4) The association may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court. Written decision 43(1) Within 90 days following the completion of a hearing, the panel must make a written decision on the matter consisting of the reasons for its decision and a statement of any order made by it. Decision forwarded to registrar 43(2) The panel must forward to the registrar (a) the decision; and (b) any record of the proceedings and all exhibits and documents. Service of decision 43(3) On receiving the decision and record, the registrar must serve a copy on the member and the complainant.

Copies of transcript 43(4) The member may examine the record of the proceedings before the panel, and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the panel. Publication of decision 44(1) Despite the fact that any proceeding or part of a proceeding under this Part may have been held in private, the association must, after the decision and any order has been served on the member, publish the circumstances relevant to the findings and any order of the panel. If the panel makes an order against the member under section 41, it may order that the member's name be published. Report to the Association of State and Provincial Psychology Boards 44(2) Despite any order made under subsection (1), if the panel makes any of the findings described in section 40, the association must report the finding, any order made under section 41 and the member's name to the Association of State and Provincial Psychology Boards. APPEAL TO COURT Appeal to the court 45(1) A member in respect of whom a finding or order is made by the panel under section 40, 41 or 42 may appeal the finding or order to the court. Commencement of appeal 45(2) An appeal must be commenced (a) by filing a notice of appeal; and (b) by giving a copy of the notice of appeal to the registrar; within 30 days after the date on which the decision of the panel is served on the member. Appeal on the record 45(3) An appeal must be founded on the record of the hearing before the panel and the decision of the panel. Powers of the court on appeal 46 On hearing the appeal, the court may (a) make any finding or order that in its opinion ought to have been made; (b) quash, vary or confirm the decision of the panel or any part of it; or (c) refer the matter back to the panel for further consideration in accordance with any direction of the court. Stay pending appeal 47 The decision and any order of the panel remains in effect pending an appeal unless the court, on application, stays the decision and any order pending the appeal. REINSTATEMENT Reinstatement 48 The council may, on application by a person whose registration has been cancelled, direct the registrar to reinstate the person's name in the register, subject to any conditions that the council may impose, and may order the person to pay any costs arising from the imposition of such conditions. PART 5 GENERAL PROVISIONS Fiscal affairs and audits 49(1) The council may (a) borrow money upon the credit of the association; (b) limit or increase the amount to be borrowed; (c) issue bonds, debentures or other securities of the association; (d) pledge or sell such bonds, debentures or other securities for such sums and at such prices as may be deemed expedient; (e) mortgage, hypothecate, charge or pledge all or any of the real and personal property of the association to secure any such bonds, debentures, other securities or any money borrowed or any other liability of the association; (f) give indemnities to any member of the council or other person who has undertaken or is about to undertake any liability on behalf of the association to secure such member of the council or other person against loss by giving him or her a mortgage or charge upon the whole or any part of the real or personal property of the association by way of security; or (g) authorize any member of the council, officer of the association, employee of the association or other person whether connected with the association or not to sign, execute and give on behalf of the association all documents, agreements and promises necessary or desirable for the purposes of this subsection. Delegation 49(2) The council may from time to time by resolution delegate to the president and the registrar or to any two members of the council or officers of the association (including the president or the registrar) all or any of the powers conferred on the council by subsection (1) to the full extent thereof or such lesser extent as the council may in any resolution provide. Delegation does not affect borrowing powers 49(3) The powers conferred under subsection (2) are in addition to and not in substitution for any powers to borrow money for the purposes of the association possessed by the council or the officers independently of a borrowing by-law. Safety deposit box 49(4) The association may maintain a safety deposit box with a bank, credit union or other financial institution approved by council, and any two of the treasurer, president and the registrar is to have access to it at all times. Audit or review of association accounts 49(5) The following provisions apply to association accounts: (a) once a year as soon as possible after the end of the fiscal year, the accounts of the association must be examined, and the correctness of the statements of receipts and disbursements ascertained by (i) a qualified accountant, (ii) a qualified firm of accountants, or (iii) a pairing of any two members of the association, that has been appointed as auditor of the association; (b) the auditor must be appointed by the council at the annual meeting of the council at remuneration approved by the council; (c) the auditor holds office until the next annual meeting of the council and is eligible for re-appointment; (d) any vacancy in the office of auditor may be filled by the council; (e) the auditor must be supplied with copies of the statements of receipts and disbursements and balance sheets intended to be laid before the council at the annual meeting of the association, and must examine them with the relative accounts and vouchers report on them. M.R. 57/2010 Fiscal year 49(6) The fiscal year of the association ends on December 31 in each year or on such other date as the council may from time to time prescribe. Authentication of deeds and documents 50(1) All deeds, contracts and agreements executed on behalf of the association must be in such form and contain such powers, conditions, covenants, clauses and agreements as the council determines, and must be signed by the president or vice president, and by the registrar. Cheques, orders for payment and bills of exchange 50(2) All cheques or orders for payment must be signed by any two of the president, vice president, registrar and treasurer. Bills of exchange lodged with banks for collection may be drawn on behalf of the association by the president, vice president, registrar or treasurer. Endorsement of cheques, etc. 50(3) Cheques or other negotiable instruments to be deposited with banks for collection and requiring the endorsement of the association may be endorsed on its behalf by the president, vice president, registrar or treasurer. Depositing of association's money 50(4) All money belonging to the association must be deposited with such bank, credit union or other financial institution approved by the council, and every receipt given by the association for money paid to the association and bearing the name of the registrar or treasurer is an effectual discharge for the money stated in the receipt. Securities 50(5) Securities must be purchased or sold on the authorization of the council. The authorization must be signed by one member of the council together with the treasurer. Rules of order 51 The proceedings at all meetings of the association, the council and committees are to be governed by the Act and the by-laws of the association, supplemented by such other rules or procedure as may from time to time be determined by the council or the committee chairperson or vice chairperson. Amendments of by-laws 52(1) Every amendment to the by-laws of the association must be introduced either (a) by notice of motion given at a meeting of the council which must set out the substance of the proposed amendment and come up for consideration at the next meeting of the council; or (b) by notice in writing containing in full the provisions of the proposed amendment and enclosed with the notice calling the meeting of the council at which the proposed amendment will be dealt with, mailed to each member of the council at least 14 days before the date of the meeting. Voting on motion to amend 52(2) A majority of votes decides a motion to amend the by-laws. Every amendment must be signed by the president or vice president, and by the registrar, and be sealed with the seal of the association. Protection from liability 53 No action or proceeding may be brought against the association, the council, the registrar, a person conducting an investigation or a member of a committee established under the Act or the by-laws, or any employee, officer or person acting on the instructions of any of them, for anything done or not done, or for any neglect, (a) in the performance or intended performance of a duty under the Act or the by-laws; or (b) in the exercise or intended exercise of a power under the Act or the by-laws; unless the person was acting in bad faith. PART 6 TRANSITIONAL, REVIEW AND REPEAL TRANSITIONAL "Former Regulation" defined 54(1) In this section, "former Regulation" means The Psychological Association of Manitoba By-law No. 1 , Manitoba Regulation 425/88. Complaints under former Regulation: hearing set down 54(2) If, on the day this Regulation comes into force, a decision has been made under subsection 12(7) of the former Regulation to set a matter down for hearing and determination, the matter must be concluded under the former Regulation as though this Regulation had not come into force. Complaints under former Regulation: hearing not set down 54(3) A matter about which no decision has been made under subsection 12(7) of the former Regulation to set the matter down for hearing and determination before the coming into force of this Regulation must be dealt with under this Regulation. REGULATION REVIEW Review of regulation 55 Not later than five years following the day this regulation comes into force, the association must (a) review the effectiveness of the operation of this regulation, and in so doing, consult with such persons affected by the regulation as the association considers appropriate; and (b) if it considers it advisable, amend or repeal this regulation. REPEAL Repeal 56 The Psychological Association of Manitoba By-Law No. 1 , Manitoba Regulation 425/88, is repealed.