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(Consolidated up to 17/2018)


Health Professions Act


Table of Contents

                1      Definitions

                2      Requirements of consultation

                3      Expedited recommendation

                4      Consideration of input

                5      Validity of order or regulation

                7      Coming into force


1   In this Regulation,

                               (a)    “Act” means the Health Professions Act;

                              (b)    “affected college” means a college with which the Minister is required to consult in accordance with this Regulation before making a recommendation to the Lieutenant Governor in Council under section 135.1(1), 135.2(1), 135.3 or 135.4(8) of the Act.

Requirements of consultation

2(1)  Before the Minister makes a recommendation to the Lieutenant Governor in Council under section 135.1(1), 135.2(1), 135.3 or 135.4(8) of the Act in respect of an affected college, the Minister must send to the president of the affected college a written notice

                               (a)    advising the affected college of the purpose for which the Minister is making the recommendation,

                              (b)    inviting the affected college to provide the Minister with input as to the substance and form of the recommendation, and

                               (c)    specifying the time in which the affected college must provide its input to the Minister, which must not be less than 30 days from the date the Minister sends the notice.

(2)  If the affected college has not provided input to the Minister before the expiry of the period specified by the Minister under subsection (1)(c), the consultation requirement in section 135.1(1), 135.2(1), 135.3 or 135.4(8), as the case may be, of the Act is nevertheless deemed to have been satisfied.

Expedited recommendation

3   Despite section 2, if the Minister considers it necessary to make a recommendation to the Lieutenant Governor in Council on an expedited basis to address a matter of patient safety, quality of care, public interest or critical workforce shortage, the Minister may consult with the affected college in such a manner as the Minister considers reasonable and practicable in the circumstances.

Consideration of input

4   The Minister must consider, but is not bound by, the input of the affected college.

Validity of order or regulation

5   If there has been substantial compliance with this Regulation, an order under section 135.1(1), 135.2(1) or 135.4(3) or (5) of the Act or a regulation under section 135.3 or 135.4(1) of the Act is not invalid because of a technical irregularity.

6   Repealed AR 17/2018 s6.

Coming into force

7   This Regulation comes into force on the coming into force of section 1(33) and (34) of the Health Professions Statutes Amendment Act, 2007.