How the practice of medicine is regulated in Canada
Regulatory Bodies
The federal government’s authority over health care is limited to issues concerning spending, criminal law, patent regulation, aboriginal health services, and matters relating to the federal legislative authority of peace, order and good government, as prescribed under section 91 of the Constitution Act, 1867.1 Under spending, the federal government has the power to control the amount of federal health care funding allocated to each province.2 Provinces receive federal funding if their insurance plans fulfill certain criteria outlined in the Canada Health Act.3 In this capacity, the federal government is only acting to incentivize provinces to meet the criteria.4 The provinces are not legally required to comply with the criteria, unless the provinces want to qualify for federal funding.5
The provinces have constitutional power over health care, specifically insurance and delivery of care.6 Under this power, the provinces are responsible for regulating the practice of medicine within their jurisdiction.7 Provincially legislated bodies, known as ‘colleges’, are assigned the responsibility of regulating physicians.
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Colleges: The majority of colleges have the same governance structure: a board/council and committees. The board/council acts as the primary governing body, developing physician standards and college policies and strategic direction and making disciplinary decisions. The board/council of each college usually holds a set number of meetings per year, during which votes are held on various issues. The committees discuss, research and analyze issues and make subsequent recommendations to the board/council. The board/council consists of provincially appointed non-physicians and elected physicians, and some boards/councils are required to include faculty members or the Dean of a provincial medical school. The committees are composed of appointed and/or elected physicians and non-physicians.