14. Competence Committee
14.1. Duties and Powers
The Competence Committee is hereby established. The Competence Committee may:
- make recommendations on continuing competence requirements and the assessment of those requirements;
- review continuing competence requirements on the registration application and renewal of practice permit applications, to determine if continuing competence requirements are met;
- refer a practice permit to the Registrar for cancellation if the committee is satisfied that the applicant has not met the conditions imposed when the practice permit was issued, and
- undertake any other power or duty given to it under the Act, the Regulations or the Bylaws.
The Competence Committee is authorized to delegate any of its powers or duties to the Continuing Competence staff resource, with or without conditions.
- The Competence Committee shall be composed of not less than seven (7) persons, of which at least two (2) shall be public members appointed by Council.
- The Chair of the Competence Committee shall be selected from members of the Committee by Council, on the recommendation of the Nominating Committee in consultation with the committee.
- The Chair can be either a regulated member or a college appointed public member.
14.4. Prohibition on Membership
No member of the Competence Committee shall be a member of Council, a Hearing Tribunal, the Complaint Review Committee, Reinstatement Review Committee, Registration Committee, Registration Review Committee or NEPAC.
14.5. Term of Office
- The term of office of each member of the Competence Committee is four (4) years with the terms of office for all regulatory committees staggered, so that the terms of half of the members expire every two (2) years To facilitate the introduction of staggered terms outlined in paragraph 1.4 (1) starting in 2020, half of the members of regulatory committees, where staggered terms can be implemented, will be appointed for two (2) years and the other half will be appointed for four (4) years.
- A member of the Competence Committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.
- If a vacancy occurs on the Competence Committee, Council may appoint another person as a member of the Committee; or
- leave the vacancy unfilled, unless the membership would be reduced below three, in which case another person shall be appointed as a member of the Competence Committee.
- A quorum on the Competence Committee is a majority of the members of the committee attending a meeting. A member of the Competence Committee who does not participate at a meeting or hearing due to a conflict of interest or bias, shall still be included in determining the quorum for that meeting.
- A decision of the Competence Committee shall be by a vote of a majority of the members present and voting at a meeting.
14.7. Conduct of Meetings
The Competence Committee shall, subject to the Act, determine its own rules of procedure, calling of meetings, and matters related to them. Meetings of the committee are held in camera unless otherwise determined by the committee.
- In accordance with Section 52 of the Act, information related to participation in a continuing competence program is confidential, and any person who has access to or comes into possession of such information shall not publish, release or disclose the information in any manner except as is necessary for:
- the Competence Committee to give to the Complaints Director the name of a regulated member and the grounds for a referral under Section 51.1 of the Act, or
- release or disclosure to the counsel of the regulated member in connection with proceedings under part 2, 3 or 4 of the Act.
- Information respecting continuing competence under the Act, the Regulation or these Bylaws that is received by a member of the Competence Committee shall be kept confidential by that member.
- Information given to the Competence Committee shall be disclosed only in accordance with the Act, the Regulations, these Bylaws or as otherwise required by law.
- The Competence Committee may authorize the disclosure of information for statistical use when the information cannot be attributed to a particular individual or facility.
Council appoints regulated members to and removes regulated members from the Competence Committee