Occupational Therapists Act, 1997, O-1.11

1 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 The Occupational Therapists Act, 1997 being Chapter O‑1.11 of the Statutes of Saskatchewan, 1997 (effective August 15, 1997) as amended by the Statutes of Saskatchewan, 1998, c 14; 2003, c 6; 2006, c 19; 2009, c T‑23.01; 2010, c B‑12, c 19 and c 20; 2014, c E‑13.1; 2016, c 28; 2017, c P‑30.3; 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 O-1.11 OCCUPATIONAL THERAPISTS, 1997 Table of Contents SHORT TITLE AND INTERPRETATION 24 Professional conduct committee 1 Short title 25 Investigation 2 Interpretation 25.1 Investigative powers 26 Suspension pending outcome of investigation COLLEGE 3 College continued 27 Discipline committee 3.1 Duty and objects of college 28 Discipline hearing 4 Membership 29 Disciplinary powers 5 Property 30 Continuity of committee members 6 Meetings 31 Criminal conviction COUNCIL 32 Criminal conduct 7 Council 33 Repealed 8 Public appointees 34 Review by council 9 Resignation 35 Appeal to court 10 Vacancy 36 Effect of appeal 11 Officers and employees 37 Effect of expulsion or suspension 12 Committees 38 Reinstatement BYLAWS GENERAL 13 Procedures 39 Immunity 14 Bylaws 40 Offence and penalty 15 Filing of bylaws 41 Limitation of prosecution 16 Ministerial bylaws 42 Report of termination of employment 43 Review by Legislative Assembly MEMBERSHIP AND REGISTRATION 44 Record of revocation and notification 17 Membership 45 Annual register 18 Register 46 Annual report 19 Registration 47 Compliance 20 Delegation and appeal 48 Liability protection PROHIBITION 49 Service of notices, etc. 21 Protection of title REPEAL, TRANSITIONAL AND DISCIPLINE COMING INTO FORCE 21.1 Interpretation re discipline provisions 50 RSS 1978, c R‑13, repealed 21.2 Proceedings against former members 51 Transitional ‑ council 21.3 Examination to assess whether curtailment of 52 Transitional ‑ bylaws practice should be ordered 53 Transitional ‑ licences 22 Professional incompetence 23 Professional misconduct 3 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 CHAPTER O-1.11 An Act respecting Occupational Therapists SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Occupational Therapists Act, 1997. 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; (b.1) “college” means the Saskatchewan College of Occupational Therapists continued pursuant to section 3; (c) “council” means the council of the college; (d) “court” means the Court of King’s Bench; (e) “executive director” means the executive director appointed pursuant to section 11; (e.1) “former society” means the Saskatchewan Society of Occupational Therapists as it existed on the day before the coming into force of Part 11 of The Miscellaneous Statutes (Health Professions) Amendment, 2023; (f) “member” means a member of the college who is in good standing; (g) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (h) “practising member” means a member to whom a current licence to practice has been issued pursuant to section 19; (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 18; (k) “registrar” means the registrar mentioned in section 11; (l) “regulatory bylaw” means a bylaw made for a purpose set out in subsection 14(2) or pursuant to subsection 16(3); (m) Repealed. 2023, c 6, s 11‑2. 1997, c O‑1.11, s 2; 2023, c 6, s 11‑2 and 11‑17; 2024, c 4, s 32. 4 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 COLLEGE College continued 3(1) The Saskatchewan Society of Occupational Therapists is continued as a corporation to be known as the Saskatchewan College of Occupational Therapists. (2) A reference in any Act, regulation, order, bylaw, contract or other document to the former society is deemed to be a reference to the college. 2023, c 6, s 11‑4. 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. 2023, c 6, s 11‑4. Membership 4(1) The membership of the college consists of those persons who are admitted as members of the college pursuant to this Act and the bylaws. (2) A person who was a member of the former society continues as a member of the college, subject to any term, condition or limitation to which the person’s membership is subject. 2023, c 6, s 11‑4. 5 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 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. 1997, c O‑1.11, s 5; 2009, c T‑23.01, s 64; 2023, c 6, s 11‑17. 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 or special meeting is to be determined by bylaw. (4) The executive director shall send a notice of an annual meeting or special meeting to each member in the manner prescribed in the bylaws. (5) Notwithstanding subsection (4), the council shall give notice of a special meeting within 60 days of the request or resolution for a special meeting. 1997, c O‑1.11, s 64; 2023, c 6, s 11‑17. 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 persons elected or appointed in accordance with the bylaws; and (b) the persons appointed pursuant to section 8. (3) Members of the council elected or appointed pursuant to clause (2)(a) are entitled to remuneration and reimbursement for expenses in the amount prescribed in the bylaws. 6 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (4) Each person elected or appointed as a member of the council 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) A person who was a member of the council of the former society continues as a member of the council of the college for the remainder of the person’s term and until the person’s successor is elected or appointed, as the case may be. 2023, c 6, s 11‑5. Public appointees 8(1) The Lieutenant Governor in Council may appoint three persons who reside in Saskatchewan as members of the council. (2) Where the Lieutenant Governor in Council appoints a person as a member of the council, the term of office of that person is not to exceed three years. (3) Subject to subsection (4), a member of the council appointed pursuant to this section holds office until that person’s successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms. (4) A member of the council appointed pursuant to this section ceases to hold office if that person ceases to be a resident of Saskatchewan. (5) A member of the council appointed pursuant to this section may exercise rights and serve as a member of committees to the same extent as other members of the council, but is not eligible to be an officer of the college. (6) At least one member of the council appointed pursuant to this section shall be a member of the discipline committee. (7) The absence or inability to act as a member of the discipline committee by a member of the council appointed pursuant to this section or the failure to appoint a member of the council pursuant to this section does not impair the ability of the other members of the discipline committee to act. (8) The minister shall remunerate and reimburse for expenses the members of the council appointed pursuant to this section at the rate determined by Lieutenant Governor in Council. 1997, c O‑1.11, s 84; 2023, c 6, s 11‑17. Resignation 9(1) A member of the council elected or appointed pursuant to clause 7(2)(a) may resign by giving a written notice of resignation to the council. (2) A member of the council appointed pursuant to section 8 may resign by giving a written notice of resignation to the minister and the council. 7 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (3) The resignation of a member of the council 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 member of the council 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 member of the council appointed pursuant to section 8, on the date the written notice is received by the minister. 2023, c 6, s 11‑6. Vacancy 10(1) When the office of a person elected or appointed as a member of the council pursuant to clause 7(2)(a) becomes vacant, the remaining members of the council 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 member of the council; 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 members of the council to act. (3) If the licence of a member serving as a member of the council is suspended, the member’s powers and duties as a member of the council are suspended for the same period. (4) If a member serving as a member of the council is expelled from the college, the member ceases to be a member of the council on the day the member is expelled, 2023, c 6, s 11‑6. 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 registrar shall, in accordance with the bylaws: (a) be elected by the members; or (b) be appointed by the council. (3) The council shall appoint an executive director. (4) The council may engage an executive director and any employees that it considers necessary to carry out the duties and functions of the college. (5) Subject to this Act and the bylaws, the council shall determine the duties, responsibilities and remuneration of employees of the college. 1997, c O‑1.11, s 114; 2023, c 6, s 11‑17. 8 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 Committees 12(1) The council may establish any committees that are provided for by the bylaws or that it considers necessary. (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 provided for by this Act, the bylaws or established pursuant to subsection (1). (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. 1997, c O‑1.11, 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 11‑7. 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; 9 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (f) prescribing the number and terms of office of members of the council, other than persons appointed pursuant to section 8; (g) prescribing the officers of the college and governing the procedure for the appointment, election or removal of those officers; (h) prescribing the duties of members of the council and officers and employees of the college; (i) prescribing the remuneration and reimbursement for expenses for members of the council and committees, other than persons appointed pursuant to section 8; (j) governing the procedures for the election or appointment of members of the council, 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 the penalties for late payment; (n) providing for the receipt, management and investment of contributions, donations and bequests; (o) establishing and governing scholarships, bursaries and prizes; (p) regulating joint participation by the college with any educational institution or any person, group, association, organization or body corporate having goals or objectives similar to those of the college; (q) establishing any committees that the council considers necessary, prescribing the manner of election, appointment or removal of committee members, determining the duties of committees and establishing procedures for the operation of committees; (r) providing for the establishment of branches of the college; (s) providing for 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: (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; 10 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (c) setting standards of professional conduct, competency and proficiency of members; (d) providing for a code of ethics for members; (e) setting standards regarding the manner and method of practice of members; (f) 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 20(4); (f.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; (g) establishing categories of membership in the college and prescribing the rights and privileges of each category; (h) prescribing the circumstances under which members are required to attend re‑entry education programs and courses and prescribing programs and courses for that purpose; (i) respecting the occupational therapy education programs required to be successfully completed for the purposes of registration pursuant to this Act; (j) setting standards for continuing education and the participation of members in continuing education; (k) governing the reinstatement of a member who has been expelled; (l) setting requirements for maintenance of membership; (m) regulating advertising by members; (n) prescribing the number of members required to demand a special meeting of the college; (o) prescribing the minimum amount of liability protection that members are required to obtain; (p) prescribing the form, content and maintenance of the register and the information to be provided by members for the purpose of the register; (q) respecting the reporting and publication of decisions and reports of the council and committees; 11 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (r) respecting the types and service of notices that may be served electronically; (s) establishing programs for the assessment of the competency of members; (t) defining activities that constitute a conflict of interest and prohibiting the participation of members in those activities; (u) prescribing any other matters considered necessary for the better carrying out of this Act. 1997, c O‑1.11, s 14; 2003, c 6, s 3; 2023, c 6, s 11‑8 and 11‑17. Filing of bylaws 15(1) The college shall file with the minister two copies, certified by the executive director 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 executive director to be true copies, of the regulatory bylaw or amendment. (4) Repealed. 2003, c 6, s 4. (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 executive director to be true copies, of all administrative bylaws and all amendments made to those bylaws. (6) Repealed. 2003, c 6, s 4. (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). 1997, c O‑1.11, s 15; 2003, c 6, s 4; 2010, B‑12, s 46; 2021, c 6, s 23‑264; 2023, c 6, s 11‑17. 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 appropriate, a draft of the amendment. 12 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (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 repeal the existing regulatory bylaw or make the new regulatory bylaw in accordance with that request. (4) A regulatory bylaw made, amended or repealed pursuant to this section comes into force when it is published in the Gazette. (5) Where the minister makes, amends or repeals a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies of the regulatory bylaw, amendment or revocation. (6) Repealed. 2003, c 6, s 5. 1997, c O‑1.11, s 16; 2003, c 6, s 5; 2010, c B‑12, s 46; 2021, c 6, s 23‑26. MEMBERSHIP AND REGISTRATION Membership 17(1) The council, in accordance with this Act and the bylaws, may register persons as members. (2) The council may issue licences to members. 1997, c O‑1.11, s 17. Register 18(1) In accordance with the bylaws, the council shall keep a register in which the name, address and category of membership 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 election or appointment, or signature. 1997, c O‑1.11, s 18; 2020, c 9, s 254; 2023, c 6, s 11‑17. Registration 19(1) The council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) has paid the prescribed fees; 13 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (b) has complied with the bylaws with respect to registration as a member; and (c) has successfully completed an occupational therapy education program that is prescribed in the bylaws; and (d) successfully passed the examinations prescribed or recognized by the council pursuant to the bylaws. (1.1) Notwithstanding subsection (1), the council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) has paid the prescribed fees; (b) has complied with the bylaws with respect to registration as a member; and (c) is registered as the equivalent of an occupational therapist in good standing pursuant to the legislation of another jurisdiction in Canada. (2) The council may register as a member and issue a restricted licence to a person who: (a) does not meet the requirements of clause (1)(c) or clause (1)(d); (b) agrees to practice in accordance with the conditions or restrictions specified on the restricted licence; (c) has paid the prescribed fees; and (d) has complied with the bylaws with respect to registration as a member. 1997, c O‑1.11, s 19; 2003, c 6, s 6; 2010, c 19, s 23. Delegation and appeal 20(1) The council may delegate to the registrar the power to: (a) register persons as members; (b) issue licences to members; or (c) do both of the things mentioned in clauses (a) and (b). (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 O-1.11 OCCUPATIONAL THERAPISTS, 1997 (6) On a review pursuant to subsection (4), the person aggrieved by the decision of the registrar has the right to appear in person before the council in support of the application. (7) The council shall cause the applicant to be informed in writing of its decision regarding the review. 1997, c O‑1.11, s 20. PROHIBITION Protection of title 21 No person other than a member shall use the title “Occupational Therapist”, “Registered Occupational Therapist”, “Occupational Therapist Certified”, “ergothérapeute”, the abbreviations “O.T.”, “R.O.T”, “O.T. Reg. (Sask.)” or any word, title or designation, abbreviated or otherwise, to imply that the person is a member. 1997, c O‑1.11, s 21. DISCIPLINE Interpretation re discipline provisions 21.1 In sections 21.2 to 38, “member” includes a former member. 2010, c 20, s 38. Proceedings against former members 21.2(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 25(1), 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. 2010, c 20, s 38. Examination to assess whether curtailment of practice should be ordered 21.3(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; 15 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (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 (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 25; 16 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (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 35 and 36 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 11‑9. Professional incompetence 22 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 members 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 (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. 1997, c O‑1.11, s 22. Professional misconduct 23 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 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. 1997, c O‑1.11, s 23. 17 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 Professional conduct committee 24(1) The professional conduct committee is established consisting of at least three persons appointed by the council, the majority of whom are to be practising members. (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. 1997, c O‑1.11, s 24; 2023, c 6, s 11‑10. Investigation 25(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 25.1. (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; (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; 18 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (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 11‑11. Investigative powers 25.1(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; (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; 19 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (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. (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. 20 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (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 11‑11. Suspension pending outcome of investigation 26(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. (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 35 and 36 apply, with any necessary modification, to the appeal. 2023, c 6, s 11‑11. Discipline committee 27(1) The discipline committee is established consisting of at least three persons appointed by the council, the majority of whom are to be practising members and one of whom shall be a member of the council appointed by the Lieutenant Governor in Council. (2) No member of the professional conduct committee or member of the council 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. 1997, c O‑1.11, s 27; 2023, c 6, s 11‑12. 21 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 Discipline hearing 28(1) Where a report of the professional conduct committee recommends that the discipline committee hear and determine a formal complaint, the executive director 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 complaint, but its members shall not participate in any other manner in the hearing of the complaint except as witnesses when required. (3) The discipline committee shall hear the 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 the member’s 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. (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 Evidence Act and section 8‑2 of The Provincial Health Authority Act and notwithstanding any other Act or the regulations made pursuant to any other Act, the records of any facility operated by the provincial health authority or an affiliate, as defined in The Provincial Health Authority Act, may be brought before the discipline committee, without special order, by writ of subpoena duces tecum issued pursuant to subsection (8) and served on the chief executive officer of the provincial health authority or affiliate. 22 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (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 25: (a) is to be advised orally or in writing by the executive director 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. 1997, c O‑1.11, s 28; 2003, c 6, s 7; 2006, c 19, s 11; 2017, c P‑30.3, s 11‑16; 2023, c 6, s 11‑13. Disciplinary powers 29(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 be suspended from the college for a specified period; (c) an order that the member be suspended pending the satisfaction and completion of any conditions specified in the order; (d) an order that the member may continue to practise 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; 23 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (ii) successfully complete specified classes or courses of instruction; (iii) obtain medical or other treatment or counselling that the discipline committee may specify, within any period that the discipline committee may specify; (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 related costs, including the expenses of the professional conduct committee and the discipline committee and 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 be suspended from the college. (3) The executive director 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 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) Where a member is found guilty of professional misconduct or professional incompetence, the executive director may inform that member’s employer of the order made against the member. 1997, c O‑1.11, s 29; 2023, c 6, s 11‑17. Continuity of committee members 30 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. 1997, c O‑1.11, s 30. 24 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 Criminal conviction 31 The discipline committee may, by order, impose any penalty described in section 29 that to it seems just where: (a) the member has been convicted of an offence pursuant to the Criminal Code; (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 constitutes professional misconduct within the meaning of this Act. 1997, c O‑1.11, s 31. Criminal conduct 32 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 11‑14. 33 Repealed. 2023, c 6, s 11‑15. Review by council 34(1) A member may appeal the decision or any order of the discipline committee to the council by serving the executive director with a notice of appeal 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; or (b) the member is subject to an order made pursuant to section 31. (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 executive director shall file with the council a true copy of: (a) the formal complaint and notice served pursuant to section 28 or the report of the professional conduct committee pursuant to section 31; (b) the transcript of the evidence presented to the discipline committee; and (c) the decision and order of the discipline committee. 25 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (4) The appellant or the appellant’s solicitor or agent may obtain from the executive director a copy of the documents filed pursuant to subsection (3) on payment of the costs of producing them. (5) On hearing an appeal the council 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 its own decision for the decision appealed from. (6) The council may make any order as to costs that it considers appropriate. 1997, c O‑1.11, s 34. Appeal to court 35 A member whose conduct is the subject of an order of the council pursuant to section 34 may appeal that order to a judge of the court within 30 days of the order of the council, and section 34 applies with any necessary modification. 1997, c O‑1.11, s 35. Effect of appeal 36 The commencement of an appeal pursuant to section 34 or 35 does not stay the effect of the decision or order appealed from, but, on five days’ notice to the executive director, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal. 1997, c O‑1.11, s 36. Effect of expulsion or suspension 37 When a member is expelled from the college or a member’s licence is suspended, that person’s rights and privileges as a member are removed for the period during which the person is expelled from the college or the person’s licence is suspended. 2023, c 6, s 11‑16. Reinstatement 38(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. 26 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (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. (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. 1997, c O‑1.11, s 38; 2023, c 6, s 11‑17. GENERAL Immunity 39 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 or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act or the bylaws or any duty imposed by this Act or the bylaws. 1997, c O‑1.11, s 39; 2023, c 6, s 11‑17. 27 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 Offence and penalty 40 Every person who contravenes section 21 is guilty of an offence and liable on summary conviction to a fine of: (a) for a first offence, not more than $2,000; (b) for a second offence, not more than $4,000; and (c) for each subsequent offence, not more than $6,000 or to imprisonment for a term of not more than six months, or to both that fine and imprisonment. 1997, c O‑1.11, s 40. Limitation of prosecution 41 No prosecution for a contravention of section 21 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. 1997, c O‑1.11, s 41. Report of termination of employment 42 Any employer who terminates for cause the employment of a member shall report the termination to the college where the employer reasonably believes the cause is professional incompetence or professional misconduct. 1997, c O‑1.11, s 42; 2023, c 6, s 11‑17. Review by Legislative Assembly 43(1) One copy of every bylaw and amendment filed with the Registrar of Corporations pursuant to section 15 or 16 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. 1997, c O‑1.11, s 43; 2010, c B‑12, s 46; 2014, c E‑13.1, s 62; 2021, c 6, s 23‑26. Record of revocation and notification 44(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. 28 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 (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. 1997, c O‑1.11, s 44; 2010, c B‑12, s 46; 2021, c 6, s 23‑26; 2023, c 6, s 11‑17. Annual register 45 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 society; and (c) the respective dates of admission of the members mentioned in clause (a). 1997, c O‑1.11, s 45; 2010, c B‑12, s 46; 2021, c 6, s 23‑26; 2023, c 6, s 11‑17. Annual report 46 The college shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 1997, c O‑1.11, s 46; 2023, c 6, s 11‑17. Compliance 47 Every member shall comply with this Act and the bylaws. 1997, c O‑1.11, s 47. Liability protection 48(1) The college may enter into a contract of insurance pursuant to which members or any category of members is insured with respect to professional liability claims. (2) The college is deemed to be an agent for the members or category of members for the purpose of entering into a contract or insurance pursuant to subsection (1). 1997, c O‑1.11, s 48; 2023, c 6, s 11‑17. Service of notices, etc. 49(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. 29 OCCUPATIONAL THERAPISTS, 1997 c O-1.11 (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. (3) If for any reason it is impractical to effect service of any documents as set out in subsection (1), the court may, on application that may be made 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. 1997, c O‑1.11, s 49; 2016, c 28, s 17. REPEAL, TRANSITIONAL AND COMING INTO FORCE R.S.S. 1978, c R-13, repealed 50 The Registered Occupational Therapists Act is repealed. 1997, c O‑1.11, s 50; 1998, c 14, s 3. Transitional - council 51 A person who is a member of the council of the Saskatchewan Society of Occupational Therapists on the day before this Act comes into force continues as a member of the council until the earlier of: (a) the date members of council are elected or appointed pursuant to this Act; and (b) the date the member dies, resigns or otherwise ceases to be member of council. 1997, c O‑1.11, s 51. Transitional - bylaws 52 Except to the extent that the bylaws of the Saskatchewan Society of Occupational Therapists are inconsistent with this Act, the bylaws in force on the day before this Act comes into force are the bylaws of the society until they are amended or repealed pursuant to this Act. 1997, c O‑1.11, s 52. Transitional - licences 53 Licences issued pursuant to The Registered Occupational Therapists Act, 1971 that are not revoked or suspended on the day before this Act comes into force, are valid until the earlier of: (a) the date on which the licence expires; and (b) the date on which the licence is revoked or suspended pursuant to this Act. 1997, c O‑1.11, s 53. 30 c O-1.11 OCCUPATIONAL THERAPISTS, 1997 REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024