Appealing a licensing decision

Preamble

Any licensing decision of the Registrar or Registration Committee can be appealed pursuant to the provisions of the Medical Act¹ and its Regulations².

Purpose

For ease of reference, this policy sets out the legislated appeals processes for any licensing decisions made by the Registrar or Registration Committee.

Scope

This policy applies to both new applicants and current registrants applying to renew their licence in Nova Scotia. Any variance in this policy from the relevant legislative provisions of the Medical Act and its Regulations is unintentional.

Policy

Appeal to the Internal Review Subcommittee

If an applicant is denied licensure by the Registrar, any appeal is to be considered by the Internal Review Subcommittee. The internal review process is set out in sections 65 to 72 of the Regulations.

A request for an internal review must be made to the Registrar in writing no later than 30 days after the date the Registrar’s decision was sent to the applicant.

A person requesting an internal review must pay the applicable fee.³ The fee will be refunded to the applicant if the internal review results in the granting of registration or the issuing of a licence.

Once the Registrar receives the applicant’s request for an appeal, the Internal Review Subcommittee will be provided all the information required to conduct a thorough and fair review of the applicant’s file, including but not limited to:

• all of the information reviewed by the Registrar in making their decision;
• the decision of the Registrar; and
• any supporting documentation provided by the applicant.

The Internal Review Subcommittee is composed of at least three, and no more than five, members of the Registration Committee, including at least one representative of the public. The quorum consists of any three members of the Committee which may decide any matter without meeting in person with the applicant. All decisions of the Internal Review Subcommittee are final.

Appeal to the Registration Committee

If an applicant or registrant objects to conditions or restrictions imposed by the Registrar, any appeal is to be considered by the Registration Committee. The grounds for referring registration and licensing decisions to the Registration Committee are laid out in section 15 of the Regulations.

An applicant or registrant who objects to conditions or restrictions imposed by the Registrar may request an appeal to the Registration Committee. They must notify the Registrar in writing of their intent to appeal no later than 30 days after the date the Registrar’s decision was sent.

Once the Registrar receives the applicant’s request for an appeal, the Registration Committee will be provided all the information required to conduct a thorough and fair review of the applicant’s file, including but not limited to:

• all of the information reviewed by the Registrar in making their decision;
• the decision of the Registrar; and
• any supporting documentation provided by the applicant.

The Registration Committee is composed of at least five physicians and at least one representative of the public. The quorum consists of any three members of the Committee. All decisions of the Registration Committee can be appealed to the Registration Appeal Committee.

Appeal to the Registration Appeal Committee

If an applicant or registrant objects to the imposition of conditions or restrictions, or the denial of registration by the Registration Committee, any appeal is to be considered by the Registration Appeal Committee. The process for an appeal to the Registration Appeal Committee is laid out in sections 73 to 85 of the Regulations.

An applicant or registrant who objects to conditions or restrictions imposed by the Registration Committee may request an appeal to the Registration Appeal Committee. They must notify the Registrar in writing of their intent to appeal no later than 30 days after the date the Registration Committee’s decision was issued.

A person requesting an appeal to the Registration Appeal Committee must pay the applicable fee.³ The fee will be refunded if the appeal results in the granting of registration or the issuing of a licence.

Once the Registrar receives the applicant’s request for an appeal, the Registration Appeal Committee will be provided all the information required to conduct a thorough and fair review of the applicant’s file, including but not limited to:

• all of the information provided to the Registration Committee;
• the decision of the Registration Committee; and
• any supporting documentation provided by the applicant.

The Registration Appeal Committee is composed of at least five physicians and at least one representative of the public. The quorum consists of any three members of the Committee. All decisions of the Registration Appeal Committee are final.

Resources

1. Medical Act
2. Medical Act Regulations
3. College Fee Schedule