RESOLUTION OF THE BOARD OF THE COLLEGE OF CHIROPRACTORS OF BRITISH COLUMBIA MADE THE 8 th DAY OF DECEMBER 2016 AT VANCOUVER, BRITISH COLUMBIA

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1 RESOLUTION OF THE BOARD OF THE COLLEGE OF CHIROPRACTORS OF BRITISH COLUMBIA MADE THE 8 th DAY OF DECEMBER 2016 AT VANCOUVER, BRITISH COLUMBIA RESOLVED THAT, in accordance with the authority established in sections 19(1) and 49 of the Health Professions Act (the HPA ), and subject to filing with the Minister of Health (the Minister ) as required by section 19(3) of the HPA, the board amend the bylaws of the College of Chiropractors of British Columbia as set out in the attached Schedule. CERTIFIED A TRUE COPY: Michelle Da Roza Registrar, College of Chiropractors of BC

2 SCHEDULE The bylaws of the College of Chiropractors of British Columbia made under the authority of the Health Professions Act are amended as follows: 1. Section 31(1) is repealed and replaced by the following: 31. (1) The board must appoint a chartered professional accountant to be the auditor. 2. Section 71 is repealed and replaced by the following: Costs under section 33 of the Act 71. (1) The tariff of costs to partially indemnify the college for expenses incurred for investigations under section 33 of the Act is set out in Schedule D. (2) If the inquiry committee awards costs to the college against a registrant under section 33(7) of the Act, it must determine (i) (ii) the amount of the award based on the tariff set out in Schedule D, and any terms for payment of the award, and notify the college and registrant in writing of its determination under paragraph and the reasons for that determination. 3. Section 71.1 is added as follows: Costs under section 39 of the Act 71.1 (1) The tariff of costs to partially indemnify parties for their expenses incurred in the preparation for and conduct of hearings under section 38 of the Act is set out in Schedule E. (2) Subject to subsection (4), if the discipline committee awards costs under section 39(4) or (5) of the Act, it must determine (i) the amount of the award based on the tariff set out in Schedule E and (A) if the award of costs is to the respondent and against the college, subject to section 39(6) of Act, or - 1 -

3 (B) if the award of costs is to the college and against the respondent, subject to sections 39(7) of the Act, and (ii) any terms for payment of the award, and notify the college and the respondent in writing of its determination under paragraph and the reasons for that determination. (3) Before making a determination under subsection (2), the committee may request that the college and the respondent make submissions on the appropriate amount of the award and terms for payment, and direct those submissions be made either in writing or in person. (4) If, prior to receiving notice from the committee under subsection (2), the college and respondent notify the committee in writing that they have agreed on the amount of the award and terms for payment, the committee must not complete its determination under subsection (2) or, if that determination is complete, must not proceed with notice under subsection (2). 4. Section 71.2 is added as follows: Costs a debt to college 71.2 For the purposes of these bylaws, each of the following is deemed to be a debt that a registrant owes to the college: (c) costs awarded against the registrant by the inquiry committee under section 33(7) of the Act; costs ordered against the registrant by the inquiry committee under section 37.1 of the Act; costs awarded against the registrant by the discipline committee under section 39(5) of the Act; (d) costs the registrant has agreed to pay the college under s. 71.1(4). 5. Section 83 is repealed and replaced by the following: Radiation safety and procedure 83. (1) All registrants who, in connection with the practice of chiropractic, own radiographic equipment or operate radiographic equipment that is not owned by a registrant must ensure that - 2 -

4 the equipment is registered and certified as required by the board, and proof of compliance with paragraph is, in the form and manner specified by the board, (i) (ii) delivered to the registrar, and displayed on or near the equipment. (2) Registrants may only issue an instruction or authorization under section 4(1)(f) of the Regulation to apply (c) electromagnetism for the purpose of magnetic resonance imaging to a magnetic resonance imaging technologist, certified by the Canadian Association of Medical Radiation Technologists, or equivalent organization approved by the board, X-rays for diagnostic of imaging purposes, including X-rays for the purpose of computerized axial tomography, to a radiological technologist, certified by the Canadian Association of Medical Radiation Technologists, or equivalent organization approved by the board, and X-rays for diagnostic or imaging purposes, excluding X-rays for the purpose of computerized axial tomography, to another registrant. 6. Schedule D is repealed and replaced by the following: SCHEDULE D Tariff of Costs Investigations Definitions 1. In this tariff: committee means the inquiry committee or a panel of the inquiry committee; investigation means an investigation under section 33 of the Act; registrant includes a current or former registrant. Components of an award of costs 2. An award of costs against a registrant determined using this tariff includes the following: a costs component; - 3 -

5 subject to section 19(1.3) of the Act and section 5 of this tariff, the actual cost of all reasonable and necessary disbursements incurred further to or in the course of the investigation. Calculation of Units 3. In determining the costs component of an award of costs under section 2, the committee must allow a number of units from a minimum of 1 unit to a maximum of 20 units, having regard to the complexity, scope and seriousness of the conduct under investigation, and the time that should reasonably have been spent on all process and communication relating to the investigation. Value of Units 4. (1) The value of each unit allowed under section 3 of this tariff is $200. (2) Despite subsection (1), the committee may reduce the value of each allowed unit Disbursement rates by 25%, if prior to the matter giving rise to the current award of costs, no action as described in section 39.2 of Act has been taken respecting the registrant during the immediate preceding 5 years, or by 50%, if prior to the matter giving rise to the current award of costs, no action as described in section 39.2 of the Act has been taken respecting the registrant during the immediate preceding 10 years. 5. For the purposes of section 2 of this tariff, the following disbursements will be calculated using the following rates: photocopies, facsimile transmissions or scans: $0.25 per page; travel by automobile $0.55 per kilometre

6 7. Schedule E is added as follows: SCHEDULE E Tarrif of Costs Disciplinary Hearings Definitions 1. In this tariff committee means the discipline committee or a panel of the discipline committee; hearing means a hearing under section 38 of the Act; party means the respondent if the award of costs is made under section 39(4) of the Act, and the college if the award of costs is made under section 39(5) of the Act. Components of an award of costs 2. An award of costs determined using this tariff includes the following: a costs component; subject to section 19(1.4) of the Act and section 5 of this tariff, the actual cost of all reasonable and necessary disbursements incurred further to or in the course of an activity described in an item listed in section 3(1) of this tariff. Calculation of Units 3. (1) The committee must decide which of the following items are applicable to the determination of the costs component of a costs award under section 2 of this tariff and allow a number of units for those items as indicated: Item Description Units 1 Communication, conferences, instructions, investigations or negotiations after the authorization of the citation to the completion of the hearing, for which provision is not made elsewhere in this tariff 2 Preparation and delivery of the citation and any amendment to it or any particulars of it 3 All process for providing and obtaining disclosure of records, excluding summaries of witness evidence 4 Preparation and delivery of summary of non-expert witness 1-5 -

7 evidence, per witness 5 All process for making or obtaining admissions of fact Maximum 10 6 All process and communication associated with retaining and consulting experts for the purposes of obtaining opinions 7 All process and communication associated with contacting, interviewing and issuing subpoenas to all non-expert witnesses 8 Attendance at a pre-hearing conference, including preparation for the conference not otherwise provided for in this tariff 9 Attendance at a pre-hearing application, including preparation for the application not otherwise provided for in this tariff, for each day of attendance before the committee if unopposed if opposed 10 Pre-hearing application by written submission Minimum 5 Maximum Preparation of affidavit, per affidavit Maximum Attendance at a hearing, including preparation for the hearing not otherwise provided for in this tariff, for each day of attendance before the committee 13 Attendance for a hearing if the party is ready but the hearing 3 does not proceed 14 Written submissions for a hearing 15 Submissions on determination of the amount of a costs award 10 (2) Where an item listed in subsection (1) provides for minimum and maximum numbers of units, the committee has the discretion to allow a number of units within that range having regard to the time that should reasonably have been spent on the described activity. (3) For items 9 and 12 in subsection (1), one day of attendance includes a day in which the party attended the application or hearing for 2 and one-half hours or more, and for a day in which the party attended for less than 2 and one-half hours, only half the indicated units apply

8 Value of Units 4. The value of each unit allowed for an item listed in section 3(1) of this tariff is $150. Disbursement rates 5. For the purposes of section 2 of this tariff, the following disbursements will be calculated using the following rates: photocopies, facsimile transmissions or scans: $0.25 per page; travel by automobile $0.55 per kilometre