Practising as a Corporation

LEGISLATIVE FRAMEWORK

The Regulated Health Professions Act (RHPA) states that individuals who practice a regulated health profession and practice as a corporation must possess a Health Profession Corporation permit, as issued by the presiding regulatory college.  This requirement applies to all regulated health professionals under the RHPA.

Part 5:  Business Arrangements, of the RHPA, establishes the various contexts under which registrants may practice and provides the regulatory framework specific to Health Profession Corporations.

Corporations that hold a valid Health Profession Corporation Permit issued by a regulatory college are able to carry on the practice of a regulated health profession.  Limited exceptions apply to certain professional corporations; such corporations must meet specific criteria that are enumerated in Section 14(1) of the Regulated Health Professions General Regulation.  Audiology is one such profession that is exempt under specific criteria.

As per the RHPA, the College of Audiologists and Speech – Language Pathologists of Manitoba (the College) maintains a record of Health Profession Corporations that hold valid permits; this record is the absolute determinant that a health profession corporation is entitled to provide either audiology or speech – language pathology service to the public.  Clients or potential clients may verify that a health profession corporation holds a current, valid permit to provide audiology or speech – language pathology service by checking the Health Profession Corporation Record in the “For the Public” section of this website.

The College is working with registrants to raise awareness of this provision of the regulatory framework and assist those registrants, to whom these provisions apply, to comply with the legislation.

If you practice audiology or speech – language pathology through a provincially incorporated entity that is not exempt under Section 14(1) of the Regulated Health Professions General Regulation, you are required to either apply for a Health Profession Corporation Permit from the College of Audiologists and Speech – Language Pathologists of Manitoba or dissolve the corporation.

HOW TO APPLY FOR A HEALTH PROFESSION CORPORATION PERMIT

The College has developed an application package to allow audiologists and speech – language pathologists to apply for a Health Profession Corporation Permit:

      1.  Health Profession Corporation Permit Application FORM

      2.  Health Profession Corporation Certification FORM

      3.  Health Profession Corporation Change in Particulars FORM

Should you wish to apply for a Health Profession Corporation Permit, submit FORMS #1 and 2, above.  In addition, please enclose:

  • A copy of all Articles of Incorporation, Articles of Amendment, Articles of Continuance, Articles of Amalgamation or like Articles
  • A copy of the current status certificate issued under the Corporations Act;
  • A copy of the most recent annual report filed under the Corporations Act
  • Please refer to the RHPA under section 60(1)(b): the name of the corporation includes terms used to describe the regulated health profession, followed by the word”corporation”, and is approved by the registrar in accordance with the regulations;

Placeholder copies may be sent by electronic means with originals to follow by regular post.  It is recommended that you retain a copy of the original documents for your personal records.

Submit application to:

The College of Audiologists and Speech – Language Pathologists of Manitoba

Unit 1 – 333 Vaughan Street

Winnipeg  MB  R3B 3J9

The Change in Particulars FORM is provided for your information.  If a permit is issued, it is the responsibility of the corporation to provide notice of any changes to the corporation to the Registrar.

FEES

Once the application is received and approved, you will be invoiced for applicable fees:

Application fee                   $ 100.00

GST  5%                                      5.00

TOTAL                               $ 105.00

Upon payment of applicable fees, the permit will be issued.

EFFECTIVE, EXPIRY AND RENEWAL

The College issues a permit and specifies an “Effective Date”; the permit comes into force on the Effective Date.

A permit is valid for a period of one year. A permit must be renewed annually.   If a permit is not renewed prior to the Expiry Date, it is automatically canceled.

Use the Application FORM, as provided above, to apply to renew a Health Profession Corporation permit.  At the top of the FORM, check off the box indicating the application is for RENEWAL.

DUTY OF CARE

One or more full regulated registrants of the College are permitted to establish a health profession corporation.

A registrant of the College practicing within a health profession corporation must comply with the Regulated Health Professions Act, Regulations, Standards of Practice, Code of Ethics, Practice Directions, and By – Laws of the College.

The primary duty of a registrant practicing within a health profession corporation remains with the client receiving health care.  If there is a conflict or potential conflict between the registrant’s duty of care to a client and her or his duty to the health profession corporation, the registrant’s duty to the client prevails.  This includes, but is not limited to:

  • fiduciary obligations
  • duty to provide safe and ethical care
  • duty to respect confidentiality

A Health Profession Corporation may:

  • carry out the practice of one profession, either audiology or speech – language pathology, not both;
  • provide health care services, according to the scope of practice of the specified profession;
  • provide health care services only through regulated registrants of the College;
  • employ one or more regulated registrants of the same profession.

A health profession corporation which holds a valid permit must comply with every provision of the Regulated Health Professions Act, Regulations, By – Laws, and Code of Ethics which apply to it.

The College has responsibility to regulate a health profession corporation that is issued a permit under the RHPA.  As such, any power that the College may exercise in respect of a regulated registrant may also be exercised in respect of a health profession corporation.

If you have questions or require clarification regarding business arrangements, please contact the CASLPM Registrar at: caslpmregistrar@caslpm.ca