19. Hearing Tribunal

19.1. Duties and Powers

A Hearing Tribunal established under Section 16 of the Act may:

  1. conduct hearings under Part 4 of the Act; and
  2. undertake any other power or duty given to it under the Act, the Regulations, or these Bylaws.

19.2. Composition

  1. The Hearings Director shall establish a Hearing Tribunal from the members appointed by Council to the membership list established in Section 15 of the Act.
  2. A Hearing Tribunal shall be comprised of no fewer than four individuals with at least 50% being public representatives appointed by the Lieutenant Governor in Council under Section 13(1)(b) of the Act and the balance being Registered Nurses appointed by Council to the membership list established in Section 15 of the Act.
  3. The Hearings Director shall designate a member of a Hearing Tribunal as Chair.

19.3. Prohibition on Membership

No member of a Hearing Tribunal shall be a member of Council, a Complaint Review Committee, Registration Committee, Registration Review Committee, Competence Committee or NEPAC.

19.4. Term of Office

  1. The term of office of Registered Nurse members on the membership list established under Section 15 of the Act is four years.
  2. The term of office of Registered Nurse members may be extended for up to two additional years.
  3. A member of a Hearing Tribunal continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

19.5. Quorum

  1. A quorum for a Hearing Tribunal is four members of the Hearing Tribunal with at least 50% being public representatives.
  2. A decision of a Hearing Tribunal shall be by a majority vote. If a Hearing Tribunal is sitting with an even number and there is a tie vote, then the Chair shall cast a second and deciding vote.

19.6. Conduct of Meetings

Subject to the Act, Regulations and these Bylaws, a Hearing Tribunal may determine its own rules respecting the calling of and conduct of its hearings, meetings, or the handling of matters within its jurisdiction.

19.7. Confidentiality

  1. Each member of a Hearing Tribunal shall keep information received by her/him as a member of the Hearing Tribunal confidential.
  2. Information given to a Hearing Tribunal shall be disclosed only in accordance with the Act, the Regulations, these Bylaws or as otherwise required by law.
  3. A Hearing Tribunal may authorize the disclosure of information for statistical use when the information cannot be attributed to a particular individual or facility.

19.8. Termination

Council appoints regulated members to and removes regulated members from the Hearing Tribunal membership list.