42 (1) The Society may conduct a review of a licensee’s professional business in accordance with the by-laws for the purpose of determining if the licensee is failing or has failed to meet standards of professional competence, if, (a)  the circumstances prescribed by the by-laws exist; or (b)  the licensee is required by an order under section 35 to co-operate in a review under this section.  2006, c. 21, Sched. C, s. 38 (1). Powers (2) A person conducting a review under this section may, (a)  enter the current or former business premises of the licensee between the hours of 9 a.m. and 5 p.m. from Monday to Friday or at such other time as may be agreed to by the licensee or, in the case of a former business premises, by a person with the authority to allow entry into the premises; (b)  require the production of and examine documents that relate to the matters under review, including client files, and examine systems and procedures of the licensee’s professional business; and (c)  require the licensee and people who work or worked with the licensee to provide information that relates to the matters under review.  2006, c. 21, Sched. C, s. 38 (1); 2020, c. 11, Sched. 13, s. 4. Recommendations (3) On completion of the review, the Society may make recommendations to the licensee.  2006, c. 21, Sched. C, s. 38 (1). Proposal for order (4) The Society may include the recommendations in a proposal for an order.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 38 (2). Contents of proposal (5) A proposal for an order may include orders like those mentioned in section 44 and any other order that the Society considers appropriate.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 38 (3). Acceptance by licensee (6) If the Society makes a proposal for an order to the licensee and the licensee accepts the proposal within the time prescribed by the by-laws, the Society shall notify the chair or a vice-chair of the standing committee of Convocation responsible for professional competence and the chair or vice-chair shall appoint a member of the Hearing Division to review the proposal.  2006, c. 21, Sched. C, s. 38 (4); 2013, c. 17, s. 26. Approval by member of Hearing Division (7) The member of the Hearing Division who reviews the proposal may make an order giving effect to the proposal, if he or she is of the opinion that it is appropriate to do so.  2006, c. 21, Sched. C, s. 38 (4); 2013, c. 17, s. 26. Modifications to proposal (8) The member of the Hearing Division may include modifications to the proposal in an order under subsection (7), if the licensee and the Society consent in writing to the modifications.  2006, c. 21, Sched. C, s. 38 (4); 2013, c. 17, s. 26. Application of subss. (4) to (8) (9) Subsections (4) to (8) do not apply if the licensee is required by an order under section 35 to co-operate in a review of the licensee’s professional business under this section and to implement the recommendations made by the Society.  2006, c. 21, Sched. C, s. 38 (4). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 38 (1-4) - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014 2020, c. 11, Sched. 13, s. 4 - 08/07/2020