Midwifery Act, M-14.1

1 MIDWIFERY c M-14.1 The Midwifery Act being Chapter M‑14.1 of the Statutes of Saskatchewan, 1999 (effective February 23, 2007, except for subsections 7(2) to (5), sections 8 to 10, not yet proclaimed) as amended by the Statutes of Saskatchewan, 2008, c 15; 2009, c T‑23.01; 2010, c B‑12, c 19 and c 20; 2014, c E‑13.1; 2016, c 28; 2018, c C‑2.111; 2020, c 9; 2021, c 6; 2023, c 6; and 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c M-14.1 MIDWIFERY Table of Contents 1 Short title 24 Professional incompetence 2 Interpretation 25 Professional misconduct 3 College 26 Professional conduct committee 3.1 Duty and objects of college 27 Investigation 4 Membership 27.1 Investigative powers 5 Property 28 Suspension pending outcome of investigation 6 Meetings 29 Discipline committee COUNCIL 30 Discipline hearing 7 Council 31 Disciplinary powers 8 Public appointees 32 Continuity of committee members 9 Resignation 33 Criminal conviction 10 Vacancy 34 Criminal conduct 11 Officers and employees 35 Repealed 12 Committees 36 Review by court 37 Effect of appeal BYLAWS 38 Effect of expulsion or suspension 13 Procedures 39 Reinstatement 14 Bylaws 15 Filing of bylaws GENERAL 16 Ministerial bylaws 40 Immunity 17 Regulations 41 Offence and penalty 42 Limitation of prosecution MEMBERSHIP AND REGISTRATION 43 Report of termination of employment 18 Membership 44 Review by Legislative Assembly 19 Register 45 Record of revocation and notification 20 Registration 46 Liability protection 21 Delegation and appeal 47 Annual register PROHIBITION 48 Annual report 22 Protection of title 49 Compliance 23 Authorized practices 50 Service of notices, etc. DISCIPLINE TRANSITIONAL AND COMING INTO FORCE 23.1 Interpretation re discipline provisions 51 Transitional – council 23.2 Proceedings against former members 52 Coming into force 23.3 Examination to assess whether curtailment of practice should be ordered 3 MIDWIFERY c M-14.1 CHAPTER M-14.1 An Act respecting Midwives Short title 1 This Act may be cited as The Midwifery Act. Interpretation 2 In this Act: (a) “administrative bylaw” means a bylaw made for a purpose set out in subsection 14(1); (b) “bylaws” means the valid and subsisting bylaws of the college; (c) “college” means the Saskatchewan College of Midwives established pursuant to section 3; (d) “council” means: (i) the transitional council of the college established pursuant to section 51, for the period commencing on the day this Act comes into force and ending on the day the Lieutenant Governor in Council dissolves the transitional council; and (ii) from the date the transitional council is dissolved, the council of the college as set out in section 7; (e) “councillor” means a person who is a member of council; (f) “court” means the Court of King’s Bench; (g) “member” means a member of the college who is in good standing; (h) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (i) “record” includes any information that is recorded or stored in any medium or by means of any device, including a computer or electronic media; (j) “register” means the register kept pursuant to section 19; (k) “registrar” means the registrar appointed pursuant to section 11; (l) “regulatory bylaw” means a bylaw made for a purpose set out in subsection 14(2) or pursuant to subsection 16(3). 1999, c M‑14.1, s 2; 2024, c 4, s 32. College 3 The Saskatchewan College of Midwives is established as a corporation. 1999, c M‑14.1, s 3. 4 c M-14.1 MIDWIFERY Duty and objects of college 3.1(1) It is the duty of the college at all times: (a) to serve and protect the public; and (b) to exercise its powers and discharge its responsibilities in the public interest and not in the interests of the members. (2) The objects of the college are: (a) to regulate the practice of the profession and to govern the members in accordance with this Act and the bylaws; and (b) to assure the public of the knowledge, skill, proficiency and competency of members in the practice of the profession. (3) In furtherance of its duty and objects, the college may: (a) establish, maintain and enforce standards for registration and of continuing competency and standards of practice for members; (b) establish, maintain and enforce a code of ethics for members; (c) approve programs of study and education courses for the purposes of registration requirements; (d) establish and maintain a continuing competency program to promote high practice standards among members; and (e) carry out any other regulatory activity that the college determines is consistent with its duty and objects. 2008, c 15, s 3; 2023, c 6, s 9‑2. Membership 4 The membership of the college consists of those persons who are admitted as members of the college pursuant to this Act and the bylaws. 1999, c M‑14.1, s 4. Property 5(1) The college may acquire, hold, mortgage, lease, sell or dispose of any property. (2) All fees, fines and penalties receivable or recoverable pursuant to this Act are the property of the college. (3) The college may: (a) invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act, 2009; and (b) sell or otherwise dispose of those investments and reinvest the proceeds in similar investments. 1999, c M‑14.1, s 5; 2009, c T‑23.01, s 64. 5 MIDWIFERY c M-14.1 Meetings 6(1) An annual meeting of the college is to be held at the time and place that is determined by the council in accordance with the bylaws. (2) A special meeting of the college for the transaction of the business that is specified in the resolution or demand is to be held: (a) on resolution of the council; or (b) on the demand, in writing, of the number of members specified in the bylaws. (3) The procedure at an annual meeting or special meeting is to be determined by bylaw. (4) The registrar shall send a notice of an annual meeting or special meeting to each member in the manner prescribed in the bylaws. 1999, c M‑14.1, s 6. COUNCIL Council 7(1) The council shall govern, manage and regulate the affairs and business of the college. (2) The council consists of: (a) the number of councillors elected or appointed in accordance with the bylaws; and (b) the persons appointed pursuant to section 8. (3) Councillors elected or appointed pursuant to clause (2)(a) are entitled to remuneration and reimbursement for expenses in the amount prescribed in the bylaws. (4) Each councillor elected or appointed pursuant to clause (2)(a) holds office: (a) for the term prescribed in the bylaws; and (b) until the person’s successor is elected or appointed, as the case may be. (5) Repealed. 2023, c 6, s 9‑3. 1999, c M‑14.1, s 7; 2023, c 6, s 9‑3. 8 Not Yet Proclaimed. Resignation 9(1) A councillor elected or appointed pursuant to clause 7(2)(a) may resign by giving a written notice of resignation to the council. (2) A councillor appointed pursuant to section 8 may resign by giving a written notice of resignation to the minister and the council. 6 c M-14.1 MIDWIFERY (3) The resignation of a councillor is effective on the date stated on the written notice or, if no date is stated: (a) in the case of the resignation of a councillor elected or appointed pursuant to clause 7(2)(a), on the date the written notice is received by the council; or (b) in the case of the resignation of a councillor appointed pursuant to section 8, on the date the written notice is received by the minister. 2023, c 6, s 9‑4. Vacancy 10(1) When the office of a person elected or appointed as a councillor pursuant to clause 7(2)(a) becomes vacant, the remaining councillors may appoint another person to fill the vacancy until the earlier of: (a) the expiry of the term of office of the person who ceased to be a councillor; and (b) the day on which a person is elected or appointed to fill the vacancy in accordance with this Act and the bylaws. (2) A vacancy in the membership of the council does not impair the power of the remaining councillors to act. (3) If the licence of a member serving as a councillor is suspended, the member’s powers and duties as a councillor are suspended for the same period. (4) If a member serving as a councillor is expelled from the college, the member ceases to be a councillor on the day the member is expelled. 2023, c 6, s 9‑4. Officers and employees 11(1) The officers of the college are to be those that are: (a) designated in the bylaws; and (b) appointed or elected in accordance with the bylaws. (2) The council shall appoint a registrar. (3) The college may engage any employees that the council considers necessary to carry out the duties and functions of the college. (4) Subject to this Act and the bylaws, the council shall determine the duties, responsibilities and remuneration of the officers and employees of the college. 1999, c M‑14.1, s 11. Committees 12(1) The council may establish any committees that are provided for by the bylaws or that it considers necessary. 7 MIDWIFERY c M-14.1 (2) The council shall appoint persons to any committees that are provided for by this Act or the bylaws or that it has established pursuant to subsection (1). (3) Subject to this Act and the bylaws, the council, on any terms or conditions that it may determine, may delegate any of its powers or duties to a committee that is established pursuant to subsection (1) or that is provided for by this Act or the bylaws. (4) The council shall not delegate the power to make bylaws. (5) Subject to this Act and the bylaws, a committee may establish its own procedures. 1999, c M‑14.1, s 12. BYLAWS Procedures 13(1) The council may make bylaws for any purpose set out in section 14. (2) The registrar shall notify each member of each bylaw made pursuant to subsection (1) within 60 days after the bylaw is made. (3) Failure to comply with subsection (2) does not invalidate a bylaw. (4) Subject to subsection (5), an administrative bylaw comes into force on the date specified in the bylaw, which date shall not be earlier than the date on which the bylaw is passed by the council. (5) If an administrative bylaw does not specify the date on which it comes into force, the bylaw comes into force on the date on which it is passed by the council. (6) No regulatory bylaw made by the council comes into force until it is: (a) approved by the minister pursuant to section 15; and (b) published in the Gazette, 2023, c 6, s 9‑5. Bylaws 14(1) Subject to this Act, administrative bylaws may be made pursuant to section 13 for the following purposes: (a) prescribing the seal of the college; (b) providing for the execution of documents by the college; (c) respecting the banking and financial dealings of the college; (d) fixing the fiscal year of the college and providing for the audit of the accounts and transactions of the college; (e) respecting the management of the property of the college; (f) prescribing the number and terms of office of councillors, other than persons appointed pursuant to section 8; 8 c M-14.1 MIDWIFERY (g) prescribing the officers of the college and governing the procedure for the appointment or election of those officers; (h) prescribing the duties of councillors, and officers and employees of the college; (i) prescribing the remuneration and reimbursement for expenses for councillors and committees members, other than persons appointed pursuant to section 8; (j) governing the procedures for the election or appointment of councillors, other than persons appointed pursuant to section 8; (k) prescribing the organization, powers and procedures of the council and regulating the council in the performance of its duties; (l) respecting the holding and procedures of meetings of the council and annual and special meetings of the college; (m) prescribing the amount of registration, licensing and other fees payable to the college, the times of payment and penalties for late payment; (n) providing for the receipt, management and investment of contributions, donations or bequests; (o) respecting joint participation by the college with any educational institution or any person, group, association, organization or body corporate inside or outside Saskatchewan that has goals or objectives similar to those of the college; (p) establishing any committees that the council considers necessary, determining the duties of committees and prescribing the manner of election, appointment or removal of committee members; (q) establishing and governing scholarships, bursaries and prizes; (r) prescribing any other thing that is necessary for the effective administration of the college. (2) Subject to this Act, regulatory bylaws may be made pursuant to section 13 for the following purposes: (a) prescribing the qualifications, standards and tests of competency for: (i) the registration of persons or any category of persons as members; (ii) the issuing of licences; (b) prescribing qualifications, standards and tests of competency for determining whether a member may be licensed to perform an authorized practice pursuant to section 23; 9 MIDWIFERY c M-14.1 (c) prescribing: (i) the procedures governing registration of persons or any category of persons as members; (ii) the procedures governing the issuing of licences; (iii) the terms and conditions of licences; (d) setting standards of professional conduct, competency and proficiency of members; (e) providing for a code of ethics for members; (f) setting standards regarding the manner and method of practice of members; (g) prescribing procedures for: (i) the review, investigation and disposition by the professional conduct committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence; (ii) hearings by the discipline committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence; (iii) reviews pursuant to subsection 21(4); (g.1) respecting the establishment of panels of the professional conduct committee and the discipline committee and the composition of the panels, determining the duties of the panels and establishing procedures for the operation of the panels; (h) establishing categories of membership in the college and prescribing the rights and privileges of each category; (i) prescribing the circumstances under which members are required to attend re‑entry education programs and courses and approving programs and courses for that purpose; (j) governing the approval of education and competency assessment programs for the purposes of registration pursuant to this Act and prescribing terms and conditions for initial or continued approval of those programs; (k) setting standards for continuing education and the participation of members in continuing education; (l) governing the reinstatement of a member who has been expelled; (m) governing examinations to be held for the purposes of section 20; (n) setting requirements for maintenance of membership; 10 c M-14.1 MIDWIFERY (o) regulating advertising by members; (p) prescribing the number of members required to demand a special meeting of the college; (q) governing persons who practise under restricted licences issued pursuant to subsection 20(2); (r) prescribing the minimum amount of liability protection that members are required to obtain; (s) prescribing the minimum amount of liability protection that the college may obtain on behalf of each member; (t) prescribing the form, content and maintenance of the register and the information to be provided by members for the purpose of the register; (u) respecting the reporting and publication of decisions and reports of the council and committees; (v) respecting the types and service of notices that may be served electronically; (w) establishing programs for the assessment of the competency of members; (x) defining activities that constitute a conflict of interest and prohibiting the participation of members in those activities; (y) prescribing any other matters considered necessary for the better carrying out of this Act. 1999, c M‑14.1, s 14; 2023, c 6, s 9‑6. Filing of bylaws 15(1) The college shall file with the minister two copies, certified by the registrar to be true copies, of: (a) all regulatory bylaws; and (b) any amendment to a regulatory bylaw together with two certified copies of the regulatory bylaw to which the amendment relates. (2) Where the minister does not advise the college, in writing, within 90 days of receiving copies of the regulatory bylaw or amendment that the minister approves the regulatory bylaw or amendment, the regulatory bylaw or amendment is deemed not to be approved. (3) Where the minister approves a regulatory bylaw or an amendment to a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies, certified by the registrar to be true copies, of the regulatory bylaw or amendment. (4) Where an amendment to a regulatory bylaw is filed pursuant to subsection (3), the minister shall file two copies, certified by the registrar to be true copies, of the regulatory bylaw with the amendment. 11 MIDWIFERY c M-14.1 (5) Within 30 days after administrative bylaws or amendments to administrative bylaws are made, the council shall file with the Registrar of Corporations two copies, certified by the registrar to be true copies, of all administrative bylaws and all amendments made to those bylaws. (6) Where an amendment to an administrative bylaw is filed pursuant to subsection (5), the council shall also file two copies, certified by the registrar to be true copies, of the administrative bylaw with the amendment. (7) Where an administrative bylaw or an amendment to an administrative bylaw is not filed within the time required by subsection (5), the administrative bylaw or amendment to the administrative bylaw is deemed to be revoked on the expiration of the 30 days mentioned in subsection (5). 1999, c M‑14.1, s 15; 2010, c B‑12, s 43; 2021, c 6, s 23‑26. Ministerial bylaws 16(1) The minister may request the council to amend or repeal a regulatory bylaw or to make a new regulatory bylaw if the minister is satisfied that it is necessary or advisable. (2) Where the minister makes a request pursuant to subsection (1), the council shall be provided with the reasons for the amendment and, if the minister considers it appropriate, a draft of the amendment. (3) If the council does not comply with a request pursuant to subsection (1) within 90 days after the date of the request, the minister may amend or revoke the existing regulatory bylaw or make the new regulatory bylaw in accordance with that request. (4) A regulatory bylaw made pursuant to this section or an amendment or revocation of a regulatory bylaw pursuant to this section comes into force when it is published in the Gazette. (5) Where the minister makes, amends or revokes a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies of the regulatory bylaw, amendment or revocation. (6) Where an amendment to or a revocation of a regulatory bylaw is filed pursuant to subsection (5), the minister shall file two copies of the regulatory bylaw with the amendment or revocation. 1999, c M‑14.1, s 16; 2010, c B‑12, s 43; 2021, c 6, s 23‑26. Regulations 17 Following consultations with the council by the minister, the Lieutenant Governor in Council may make regulations: (a) respecting drugs that a member may prescribe, dispense or administer and any conditions or restrictions on the prescribing, dispensing or administering of those drugs; (b) respecting diagnostic tests that a member may order, perform or interpret and any conditions or restrictions on the ordering, performing or interpreting of those tests; 12 c M-14.1 MIDWIFERY (c) respecting invasive procedures that a member may perform and any conditions or restrictions on the performance of those procedures; (d) authorizing the council to make regulatory bylaws: (i) respecting drugs that members may prescribe, dispense or administer; (ii) respecting diagnostic tests that members may order, perform or interpret; and (iii) respecting invasive procedures that members may perform; (e) Repealed. 2008, c 15, s 4. 1999, c M‑14.1, s 17; 2008, c 15, s 4. MEMBERSHIP AND REGISTRATION Membership 18(1) The council, in accordance with this Act and the bylaws, may register persons as members. (2) The council may issue licences to members. 1999, c M‑14.1, s 18. Register 19(1) In accordance with the bylaws, the council shall keep a register in which the name, address and category of every member is to be recorded. (2) The register is to be: (a) kept at the head office of the college; and (b) open for inspection by all persons, without fee, during normal office hours of the college. (2.1) The register may be made available in any other manner acceptable to the registrar, including an electronic format. (3) A certificate purporting to be signed by the registrar and stating that a named person was or was not, on a specified day or during a specified period, a member or a suspended member according to the register or an extract from the register that is certified by the registrar is admissible in evidence as proof, in the absence of evidence to the contrary, of its contents without proof of the registrar’s appointment or signature. 1999, c M‑14.1, s 19; 2020, c 9, s 23. Registration 20(1) The council may register as a member, and issue a licence to practise midwifery to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) meets one of the following requirements: (i) has successfully completed a midwifery education program that is recognized by the council; 13 MIDWIFERY c M-14.1 (ii) has successfully completed an assessment process approved by the council that demonstrates the person’s ability to perform the entry‑level competencies of midwifery; (iii) is registered as a midwife in good standing pursuant to the legislation of another province or territory of Canada and holds the equivalent of an unrestricted licence in Saskatchewan; (b) has successfully passed any examinations set out in the bylaws; (c) has paid the prescribed fees; and (d) has complied with the bylaws with respect to registration as a member. (2) The council may register as a member, and issue a restricted licence to practise midwifery to, a person who: (a) does not meet the requirements of clauses (1)(a) and (1)(b); (b) agrees to practise in accordance with any conditions and restrictions set out in the restricted licence; (c) has paid the prescribed fees; and (d) has complied with the bylaws with respect to registration as a member. (3) A member granted a restricted licence to practise shall comply with the bylaws governing restricted licences. 2008, c 15, s 5; 2010, c 19, s 21. Delegation and appeal 21(1) The council may delegate to the registrar the power to do all or any of the following: (a) register persons as members; (b) issue licences to members; (c) issue restricted licences to members. (2) Where a power is delegated pursuant to this section, the exercise of that power by the registrar is deemed to be an exercise of the power by the council. (3) The council may impose any terms and conditions that it considers appropriate on a delegation of its powers. (4) A person who is aggrieved by a decision of the registrar made pursuant to a delegated power may apply to the council to review that decision. (5) On a review pursuant to subsection (4), the council shall hear the review and may: (a) direct the registrar to exercise the power in a manner that the council considers appropriate; or (b) confirm the registrar’s decision. 14 c M-14.1 MIDWIFERY (6) On a review pursuant to subsection (4), the person who applies for a review of a decision of the registrar has the right to appear in person before the council in support of the application. (7) The council shall inform, in writing, the person who applies for a review of a decision of the registrar of its decision regarding the review. 1999, c M‑14.1, s 21. PROHIBITION Protection of title 22 No person other than a member or a physician licensed pursuant to The Medical Profession Act, 1981 shall use the title “midwife”, or any word, title or designation, abbreviated or otherwise, to imply that the person is a member. 1999, c M‑14.1, s 22. Authorized practices 23(1) Subject to the terms and conditions of that member’s licence, a member may perform the following authorized practices: (a) assess and monitor women during normal pregnancy, labour and the post‑partum period; (b) conduct the spontaneous normal vaginal delivery of a baby; (c) provide care to a woman and her healthy baby during a normal pregnancy, labour and post‑partum period; and (d) for the purposes of clauses (a) to (c): (i) prescribe, dispense or administer drugs in accordance with the regulations, the regulatory bylaws made pursuant to this Act and The Drug Schedules Regulations, 1997; (ii) order, perform or interpret diagnostic tests in accordance with the regulations, the regulatory bylaws made pursuant to this Act and The Medical Laboratory Licensing Act, 1994; and (iii) perform invasive procedures that are prescribed in the regulations and the regulatory bylaws made pursuant to this Act. (2) No person shall engage in the business or practice of performing any of the authorized practices described in subsection (1) with respect to another individual unless: (a) the person is a member who is authorized by his or her licence to perform that practice; (b) the person is authorized pursuant to another Act to perform that practice; or (c) the activity is one of daily living and is performed by the individual or by a person on the individual’s behalf. 1999, c M‑14.1, s 23; 2008, c 15, s 6. 15 MIDWIFERY c M-14.1 DISCIPLINE Interpretation re discipline provisions 23.1 In sections 23.2 to 39, “member” includes a former member. 2010, c 20, s 37. Proceedings against former members 23.2(1) No proceedings conducted pursuant to this Act shall be commenced against a former member more than two years after the day he or she became a former member. (2) For the purposes of this section, a proceeding is commenced when the professional conduct committee, pursuant to subsection 27(1), is requested by the council to consider a complaint relating to the conduct or competence of a member or receives a written complaint alleging that a member is guilty of professional misconduct or professional incompetence. 2010, c 20, s 37. Examination to assess whether curtailment of practice should be ordered 23.3(1) If the registrar or the professional conduct committee has reasonable grounds to believe that a member may be suffering a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the member’s ability to practise in the profession and causes the continued practice in the profession by the member to constitute a danger to the public, the registrar or professional conduct committee may: (a) direct the member to submit to a physical or mental examination, or both, by a person or at a facility specified by the registrar or professional conduct committee; (b) request the person or facility conducting the examination of the member to report, with written reasons and within a time specified by the registrar or professional conduct committee, to: (i) the professional conduct committee; and (ii) the member; and (c) for the period necessary to allow the registrar or professional conduct committee to act pursuant to clauses (a) and (b) and to receive, consider and act pursuant to this section on the report: (i) impose limitations or conditions on the member’s licence; or (ii) suspend the member’s licence. (2) If the registrar or professional conduct committee imposes limitations, conditions or a suspension pursuant to clause (1)(c), the registrar or professional conduct committee must give the member an opportunity to be heard within 15 days after the imposition of the limitations, conditions or suspension. (3) If the professional conduct committee receives a report pursuant to clause (1) (b) concluding that: (a) the continued practice of the member constitutes a danger to the public; and 16 c M-14.1 MIDWIFERY (b) remedial measures are necessary and, if these remedial measures are taken, the public will be adequately protected; the professional conduct committee may: (c) impose limitations or conditions on the member’s licence; or (d) suspend the member’s licence; and the limitations, conditions or suspension apply until the member satisfies the professional conduct committee that it should act pursuant to clause (5)(a). (4) The professional conduct committee must not act pursuant to subsection (3) unless it has first given the member an opportunity to respond to the proposed limitations, conditions or suspension. (5) If action has been taken pursuant to subsection (3) concerning a member, the professional conduct committee may do all or any of the following: (a) cancel or amend a limitation or condition or cancel the suspension to allow the member to resume practice if the professional conduct committee is satisfied, on the member’s application, that the member can resume practice without constituting a danger to the public; (b) delay any investigation or written report mentioned in section 27; (c) decide not to refer the complaint to a hearing before the discipline committee if the professional conduct committee is satisfied that: (i) the member’s condition mentioned in subsection (1) caused or substantially contributed to the member’s conduct described in the complaint; and (ii) the actions taken pursuant to subsection (3) have provided appropriate public protection. (6) If the professional conduct committee acts pursuant to subsection (5), the professional conduct committee must deliver written notice of its decision, with written reasons, to the complainant within 30 days after making its decision. (7) A member aggrieved by a decision of the registrar or the professional conduct committee pursuant to subsection (1) or (3) may appeal the decision to the court, and sections 36 and 37 apply, with any necessary modification, to the appeal. (8) Failure by a member to submit to an examination directed pursuant to subsection (1) or to comply with a limitation, condition or suspension imposed on the member pursuant to subsection (3) is professional misconduct within the meaning of this Act. 2023, c 6, s 9‑7. Professional incompetence 24 Professional incompetence is a question of fact, but the display by a member of a lack of knowledge, skill or judgment or a disregard for the welfare of a member of the public served by the profession of a nature or to an extent that demonstrates that the member is unfit to: (a) continue in the practice of the profession; or 17 MIDWIFERY c M-14.1 (b) provide one or more services ordinarily provided as part of the practice of the profession; is professional incompetence within the meaning of this Act. 1999, c M‑14.1, s 24. Professional misconduct 25 Professional misconduct is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is professional misconduct within the meaning of this Act if: (a) it is harmful to the best interests of the public or the members; (b) it tends to harm the standing of the profession; (c) it is a breach of this Act, the regulations or the bylaws; or (d) it is a failure to comply with an order of the professional conduct committee, the discipline committee or the council. 1999, c M‑14.1, s 25. Professional conduct committee 26(1) The professional conduct committee is established consisting of at least two persons appointed by the council. (2) No member of the discipline committee is eligible to be a member of the professional conduct committee. (3) If a panel of the professional conduct committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the professional conduct committee. 1999, c M‑14.1, s 26; 2023, c 6, s 9‑8. Investigation 27(1) If the professional conduct committee is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence, the committee shall review and investigate the complaint. (2) In investigating the complaint, the professional conduct committee may take any steps authorized by section 27.1. (3) On completion of its investigation, the professional conduct committee may do one or more of the following: (a) make a written report to the discipline committee recommending that the discipline committee hear and determine the formal complaint set out in the written report; (b) make a written report to the discipline committee recommending that no further action be taken with respect to the matter under investigation; 18 c M-14.1 MIDWIFERY (c) refer the complaint to mediation, if the professional conduct committee decides that the complaint is of concern only to the complainant and the investigated member, both of whom agree to mediation; (d) require the investigated member to appear before the professional conduct committee, or a panel of the committee, to be cautioned; (e) require the investigated member to complete a specified continuing education or remediation program; (f) accept the voluntary surrender of the investigated member’s registration or licence; (g) accept an undertaking from the investigated member that provides for one or more of the following: (i) assessment of the investigated member’s capacity or fitness to practise in the profession; (ii) counselling or treatment of the investigated member; (iii) monitoring or supervision of the investigated member’s practice; (iv) completion by the investigated member of a specified course of studies by way of remedial training; (v) placing conditions on the investigated member’s right to practise in the profession; (h) take any other action that the professional conduct committee considers appropriate that is not inconsistent with or contrary to this Act or the bylaws. (4) The formal complaint set out in a written report made pursuant to clause (3) (a) may relate to any matter disclosed in the complaint received pursuant to subsection (1) or the investigation conducted pursuant to subsection (2). (5) A report signed by a majority of the professional conduct committee is the decision of that committee. (6) A copy of a written report made pursuant to clause (3)(b) recommending that no further action be taken shall be provided by the registrar to: (a) the council; (b) the complainant, if any; and (c) the member whose conduct is the subject of the complaint mentioned in subsection (1). 2023, c 6, s 9‑9. Investigative powers 27.1(1) The professional conduct committee may take any steps that it considers proper and may summon any person who is under investigation and any other person whose information may be relevant to the investigation. (2) For the purposes of an investigation, the professional conduct committee may, at any reasonable time: (a) require any person to answer any relevant questions and direct the person to answer the questions under oath or affirmation; 19 MIDWIFERY c M-14.1 (b) require any person to give to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control; (c) enter and inspect any premises or place where the investigated member practises or has practised in the profession; (d) inspect, observe or audit the investigated member’s practice; and (e) examine any equipment, materials or any other thing used by the investigated member. (3) For the purposes of an investigation, the professional conduct committee may: (a) require the investigated member to provide access to any computer system used in connection with the member’s practice in order to produce a record in readable form; (b) photograph or create images of the premises or place; or (c) use any copying equipment at the premises or place to make copies of any record related to the investigated member’s practice. (4) The professional conduct committee may apply, without notice or on any notice that the court may direct, to a judge of the court for an order directing any person: (a) to attend before the committee to answer any relevant questions that the committee may have relating to the investigation; and (b) to produce to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control. (5) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member of the professional conduct committee; or (b) counsel acting for the professional conduct committee. (6) If a writ issued pursuant to subsection (5) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (7) If any book, record, document or thing is produced to the professional conduct committee, the committee may authorize any person to copy or make extracts from the book, record, document or thing. (8) No person shall obstruct the professional conduct committee or a member of the committee making an investigation pursuant to this Act or withhold from the committee or the member or conceal, alter or destroy any book, record, document or thing relevant to the matter being investigated. 20 c M-14.1 MIDWIFERY (9) A judge of the Provincial Court of Saskatchewan, on an application without notice by the professional conduct committee, may issue an order authorizing a person making the investigation, together with any peace officer called to assist the person making the investigation, to enter and search, by force if necessary, any building, dwelling, receptacle, premises or place specified in the order for any book, record, document or thing and to examine them, if the judge is satisfied that: (a) the professional conduct committee is conducting an investigation pursuant to this Act; and (b) there are reasonable grounds for believing that there is in any building, dwelling, receptacle, premises or place any book, record, document or thing relating to the person whose affairs are being investigated and to the matter of the investigation. (10) An application for an order pursuant to subsection (9) to enter a dwelling shall specifically indicate that the application relates to a dwelling. (11) An entry and search under an order made pursuant to subsection (9) may be conducted only between 8 a.m. and 8 p.m. unless the order specifies otherwise. (12) A person authorized by an order made pursuant to subsection (9) to conduct an entry and search may remove any book, record, document or thing examined by the person. (13) If it is practicable to copy a book, record, document or thing removed pursuant to subsection (12), the professional conduct committee shall return the book, record, document or thing within a reasonable time. (14) A copy or extract of a book, record, document or thing certified to be a true copy by a member of the professional conduct committee or other person who made the copy or extract pursuant to this section is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original item and its contents. (15) The professional conduct committee may delegate any aspect of its investigation pursuant to this section to an investigator. (16) An investigator who acts pursuant to the authority of a delegation has the authority and power of the professional conduct committee, and subsections (1) to (14) apply, with any necessary modification, to that investigator. 2023, c 6, s 9‑9. Suspension pending outcome of investigation 28(1) If the registrar or the discipline committee believes, on the basis of a complaint or the nature of the case, that, pending the outcome of an investigation by the professional conduct committee, a member’s licence should be suspended or a member’s ability to practise in the profession should be limited or restricted, the registrar or the discipline committee may: (a) suspend the member’s licence; or (b) impose limitations or conditions on the member’s licence. 21 MIDWIFERY c M-14.1 (2) A member aggrieved by a decision of the registrar or the discipline committee pursuant to subsection (1) may appeal the decision to the court, and sections 36 and 37 apply, with any necessary modification, to the appeal. 2023, c 6, s 9‑9. Discipline committee 29(1) The discipline committee is established consisting of at least three persons appointed by the council, at least one of whom shall be a councillor appointed pursuant to section 8 or 51. (2) No member of the professional conduct committee or councillor elected or appointed pursuant to clause 7(2)(a) is eligible to be appointed as a member of the discipline committee. (3) Subject to this Act and the bylaws, the discipline committee may make rules regulating its business and proceedings. (4) If a panel of the discipline committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the discipline committee. 1999, c M‑14.1, s 29; 2023, c 6, s 9‑10. Discipline hearing 30(1) Where a report of the professional conduct committee recommends that the discipline committee hear and determine a formal complaint, the registrar shall, at least 14 days before the date the discipline committee is to sit: (a) send a copy of the formal complaint to the member whose conduct is the subject of the hearing; and (b) serve notice on the member whose conduct is the subject of the hearing of the date, time and place of the hearing. (2) The professional conduct committee shall prosecute or direct the prosecution of the formal complaint, but its members shall not participate in any other manner in the hearing of the formal complaint except as witnesses when required. (3) The discipline committee shall hear the formal complaint and shall determine whether or not the member is guilty of professional misconduct or professional incompetence, notwithstanding that the determination of a question of fact may be involved, and the discipline committee need not refer any question to a court for adjudication. (4) The discipline committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence. (5) The discipline committee may employ, at the expense of the college, any legal or other assistance that it considers necessary, and the member whose conduct is the subject of the hearing, at his or her own expense, may be represented by counsel. (6) The testimony of witnesses is to be under oath or affirmation administered by the chairperson of the discipline committee. 22 c M-14.1 MIDWIFERY (7) At a hearing by the discipline committee, there is to be full right: (a) to examine, cross‑examine and re‑examine all witnesses; and (b) to present evidence in defence and reply. (8) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member whose conduct is the subject of a hearing pursuant to this Act; (b) a member of the professional conduct committee; (c) a member of the discipline committee. (9) Where a writ issued pursuant to subsection (8) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (10) Subject to The Saskatchewan Evidence Act, but notwithstanding any other Act or the regulations or orders made pursuant to any other Act, the records of any hospital may be brought before the council, without special order, by writ of subpoena duces tecum issued pursuant to subsection (8) and served on the chief executive officer of the hospital. (11) Where the member whose conduct is the subject of the hearing fails to attend the hearing, the discipline committee, on proof of service of the notice mentioned in subsection (1), may proceed with the hearing in his or her absence. (12) If, during the course of a hearing, the evidence shows that the member whose conduct is the subject of the hearing may be guilty of a charge different from or in addition to any charge specified in the formal complaint, the discipline committee shall notify the member of that fact. (13) If the discipline committee proposes to amend, add to or substitute the charge in the formal complaint, the discipline committee shall adjourn the hearing for any period that the discipline committee considers sufficient to give the member an opportunity to prepare a defence to the amended formal complaint, unless the member consents to continue the hearing. (14) The person, if any, who made the complaint pursuant to section 27: (a) is to be advised orally or in writing by the registrar of the date, time and place of the hearing; and (b) subject to subsection (16), is entitled to attend the hearing. (15) Subject to subsection (16), the discipline committee shall conduct all hearings in public. (16) The discipline committee may exclude members of the public and the person who made the complaint from any part of the hearing when the committee is of the opinion that evidence brought in the presence of the person or persons to be excluded will unduly violate the privacy of a person other than the member whose conduct is the subject of the hearing. 1999, c M‑14.1, s 30. 23 MIDWIFERY c M-14.1 Disciplinary powers 31(1) Where the discipline committee finds a member guilty of professional misconduct or professional incompetence, it may make one or more of the following orders: (a) an order that the member be expelled from the college and that the member’s name be struck from the register; (b) an order that the member’s licence be suspended for a specified period; (c) an order that the member’s licence be suspended pending the satisfaction and completion of any conditions specified in the order; (d) an order that the member may continue to practise, but only under conditions specified in the order, which may include, but are not restricted to, an order that the member: (i) not do specified types of work; (ii) successfully complete specified classes or courses of instruction; (iii) obtain medical treatment, counselling or both; (e) an order reprimanding the member; (f) any other order that the discipline committee considers just. (2) In addition to any order made pursuant to subsection (1), the discipline committee may order: (a) that the member pay to the college, within a fixed period: (i) a fine in a specified amount not exceeding $5,000; and (ii) the costs of the investigation and hearing into the member’s conduct and the related costs, including the expenses of the professional conduct committee and the discipline committee and the costs of legal services and witnesses; and (b) where a member fails to make payment in accordance with an order pursuant to clause (a), that the member’s licence be suspended. (3) The registrar shall send a copy of an order made pursuant to this section to the member whose conduct is the subject of the order and to the person, if any, who made the complaint. (4) Where a member is expelled or his or her licence is suspended, the registrar shall strike the name of the member from the register or indicate the suspension on the register, as the case may be.

(5) The discipline committee may inform a member’s employer of the order made against that member where that member has been found guilty of professional misconduct or professional incompetence. 1999, c M‑14.1, s 31. 24 c M-14.1 MIDWIFERY Continuity of committee members 32 Where an investigation is commenced by the professional conduct committee or a hearing is commenced by the discipline committee and the term of office of a member of the committee expires or is terminated before the investigation or hearing is disposed of, the person shall remain a member of the professional conduct committee or the discipline committee, as the case may be, for the purposes of completing the investigation or hearing, in the same manner as if the member’s term of office had not expired or been terminated. 1999, c M‑14.1, s 32. Criminal conviction 33 The discipline committee may make any order pursuant to section 31, where: (a) the member has been convicted of an offence pursuant to the Criminal Code, the Controlled Substances Act (Canada), the Cannabis Act (Canada) or the Food and Drugs Act (Canada); (b) a report of the professional conduct committee is made to the discipline committee respecting the conviction mentioned in clause (a); (c) the discipline committee has given the member mentioned in clause (a) an opportunity to be heard; and (d) the discipline committee finds that the conduct of the member giving rise to the conviction is professional misconduct. 1999, c M‑14.1, s 33; 2018, c C‑2.111, s 7‑9. Criminal conduct 34 If, in the course of an investigation pursuant to this Act, the professional conduct committee obtains information that leads to a reasonable belief that a member has been engaged or is engaging in possible criminal activity, the committee shall disclose the information to the appropriate law enforcement agency. 2023, c 6, s 9‑11. 35 Repealed. 2023, c 6, s 9‑12. Review by court 36(1) A member may appeal the decision or order of the discipline committee to a judge of the court by serving the registrar with a notice of appeal and filing the notice with the local registrar within 30 days of the decision or order where: (a) the member has been found guilty of professional misconduct or professional incompetence by the discipline committee pursuant to section 30; or (b) the member is subject to an order pursuant to section 31 or 33. (2) An appellant shall set out the grounds of appeal in a notice of appeal mentioned in subsection (1). (3) On receipt of a notice of appeal, the registrar shall file with the local registrar a true copy of: (a) the formal complaint sent and notice served pursuant to section 30 or the report of the professional conduct committee pursuant to section 33; (b) the transcript of the evidence presented to the discipline committee; 25 MIDWIFERY c M-14.1 (c) the decision of the discipline committee; and (d) the order of the discipline committee. (4) The appellant or the appellant’s solicitor or agent may obtain from the registrar a copy of the documents filed pursuant to subsection (3) on payment of the costs of producing them. (5) On hearing an appeal, the judge may: (a) dismiss the appeal; (b) quash the finding of guilt; (c) direct a new hearing or further inquiries by the discipline committee; (d) vary the order of the discipline committee; or (e) substitute his or her own decision for the decision appealed from. (6) The judge may make any order as to costs that he or she considers appropriate. 1999, c M‑14.1, s 36. Effect of appeal 37 The commencement of an appeal pursuant to section 36 does not stay the effect of the decision or order appealed from, but, on five days’ notice to the registrar, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal. 1999, c M‑14.1, s 37. Effect of expulsion or suspension 38 When a member is expelled from the college or his or her licence is suspended pursuant to this Act, that member’s rights and privileges as a member are removed for the period during which he or she is expelled or his or her licence is suspended. 1999, c M‑14.1, s 38. Reinstatement 39(1) A person who has been expelled as a member may apply to the council for reinstatement. (2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall: (a) review the application; and (b) investigate the application by taking any steps it considers necessary. (3) On completion of its investigation, the council may: (a) where it is satisfied that the person’s subsequent conduct and any other facts warrant reinstatement, order that the person be reinstated as a member on any terms and conditions that the council considers appropriate; or (b) by order, refuse to reinstate the person. 26 c M-14.1 MIDWIFERY (4) Where, on an application pursuant to subsection (1), the council refuses to reinstate the person as a member, the person, within 30 days after the date of the order, may appeal the order of the council to a judge of the court, and the judge may allow or disallow the appeal. (5) On an appeal pursuant to subsection (4), the judge shall consider: (a) the proceedings before the council on the application for reinstatement; (b) the past record of the appellant as shown by the books and records of the college; and (c) the evidence taken before the council and any committee that dealt with the expulsion and application for reinstatement and the report of that committee. (6) A person whose application for reinstatement is refused or whose appeal of a refusal is dismissed may make another application for reinstatement, based on new information, at any time. 1999, c M‑14.1, s 39. GENERAL Immunity 40 No action lies or shall be instituted against: (a) members of the council; (b) the professional conduct committee; (c) the discipline committee; (d) any member of any committee; or (e) any officer, employee or agent; of the college for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise or supposed exercise of any power conferred by this Act, the regulations or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act, the regulations or the bylaws or any duty imposed by this Act, the regulations or the bylaws. 1999, c M‑14.1, s 40. Offence and penalty 41 Every person who contravenes section 22 or 23 is guilty of an offence and liable on summary conviction to a fine of: (a) for a first offence, not more than $4,000; (b) for a second offence, not more than $6,000; and (c) for each subsequent offence, not more than $8,000 or to imprisonment for a term of not more than six months, or to both. 1999, c M‑14.1, s 41. 27 MIDWIFERY c M-14.1 Limitation of prosecution 42 No prosecution for a contravention of section 22 or 23 is to be commenced: (a) after the expiration of 24 months from the date of the alleged offence; and (b) without the consent of the Minister of Justice or the council. 1999, c M‑14.1, s 42. Report of termination of employment 43 Any employer who terminates for cause the employment of a member or any hospital operator who revokes, suspends or otherwise alters the privileges of a member shall report the termination, revocation, suspension or alteration, as the case may be, to the college where the employer or hospital operator reasonably believes the member to have committed an act of professional incompetence or professional misconduct. 1999, c M‑14.1, s 43. Review by Legislative Assembly 44(1) One copy of every bylaw and amendment filed with the Registrar of Corporations pursuant to section 15 is to be laid before the Legislative Assembly by the minister responsible for the administration of The Business Corporations Act, 2021 in accordance with section 13 of The Executive Government Administration Act. (2) Where any bylaw or amendment laid before the Legislative Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, that bylaw or amendment ceases to have any effect and is deemed to have been revoked. 1999, c M‑14.1, s 44; 2010, c B‑12, s 43; 2014, c E‑13.1, s 62; 2021, c 6, s 23‑26; 2023, c 6, s 9‑13. Record of revocation and notification 45(1) Where it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Legislative Assembly shall immediately: (a) forward two copies of the Votes and Proceedings to the Registrar of Corporations; and (b) advise him or her that the copies are forwarded pursuant to this subsection. (2) On receipt of the copies mentioned in subsection (1), the Registrar of Corporations shall immediately: (a) file one of the copies with the bylaw or amendment to which it relates; (b) forward the other copy to the college; and (c) advise the college that the copy is forwarded pursuant to this subsection. 1999, c M‑14.1, s 45; 2010, c B‑12, s 43; 2021, c 6, s 23‑26. 28 c M-14.1 MIDWIFERY Liability protection 46(1) The college may enter into a contract of insurance under which members or any category of members are insured with respect to professional liability claims. (2) The college is deemed to be an agent for the members or any category of members for the purpose of entering into a contract of insurance pursuant to this section. 1999, c M‑14.1, s 46. Annual register 47 On or before February 1 in each year, the college shall file with the Registrar of Corporations a list, certified by the registrar to be a true list, showing: (a) the names of all members as at December 31 in the preceding year; (b) the addresses of the members mentioned in clause (a) as shown by the records of the college; and (c) the respective dates of registration of the members mentioned in clause (a). 1999, c M‑14.1, s 47; 2010, c B‑12, s 43; 2021, c 6, s 23‑26. Annual report 48 The college shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 1999, c M‑14.1, s 48. Compliance 49 Every member shall comply with this Act, the regulations and the bylaws. 1999, c M‑14.1, s 49. Service of notices, etc. 50(1) Unless otherwise provided for in this Act or the bylaws, any notice or other document that is required to be served pursuant to this Act may be served by: (a) personal service made: (i) in the case of an individual, on that individual; (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; (b) registered mail addressed to the last business or residential address of the person to be served known to the registrar. (2) A notice or document sent by registered mail is deemed to have been served on the seventh day following the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of that person, the person did not receive the notice or document or received it at a later date. 29 MIDWIFERY c M-14.1 (3) If it is for any reason impractical to effect service of any documents as set out in subsection (1), the court may, on an application without notice, make an order for substituted service. (4) Service of a document in accordance with the terms of an order mentioned in subsection (3) is deemed to be proper service. 1999, c M‑14.1, s 50; 2016, c28, s 15. TRANSITIONAL AND COMING INTO FORCE Transitional – council 51(1) The Lieutenant Governor in Council shall appoint a transitional council after consultations by the minister with the following associations: (a) the Midwives Association of Saskatchewan; (b) the College of Physicians and Surgeons of the Province of Saskatchewan; (c) the Saskatchewan Medical Association; (d) The Saskatchewan Registered Nurses’ Association; (e) the Saskatchewan Health‑Care Association, commonly known as the Saskatchewan Association of Health Organizations. (2) The transitional council consists of not more than 13 persons. (3) The transitional council must include at least two, but not more than five, persons chosen by the minister from a list of not less than five persons who are recommended by the Midwives Association of Saskatchewan. (4) The term of office of councillors appointed pursuant to this section is not to exceed three years. (5) A councillor appointed pursuant to this section holds office until that person’s successor is appointed and is eligible for reappointment. (6) The Lieutenant Governor in Council may designate a chairperson from among the members of the transitional council. (7) At least one member of the transitional council is to be a member of the discipline committee. (8) The absence or inability to act as a member of the discipline committee by a member of the transitional council mentioned in subsection (7) or the failure to designate a member pursuant to subsection (7) does not impair the power of the other members of the discipline committee to act. (9) A member of the transitional council may resign by giving written notice of his or her resignation to the minister. 30 c M-14.1 MIDWIFERY (10) In addition to making bylaws for any of the purposes set out in section 14, the transitional council shall pass bylaws pursuant to clauses 14(1)(f), (g), (h), (i), (j) and (k) and shall, on or before a date to be set by the Lieutenant Governor in Council conduct an election pursuant to those bylaws to elect members of council pursuant to subsection 7(2). (11) The minister shall remunerate and reimburse for expenses the members of the transitional council appointed pursuant to this section at the rate determined by the Lieutenant Governor in Council. 1999, c M‑14.1, s 51. Coming into force 52 This Act comes into force on proclamation. 1999, c M‑14.1, s 52. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024