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Common use of Breaches Clause in Contracts

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process)); (d) has not complied with Article 7; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete the Return of Service in accordance with the Return of Service Addendum; (j) fails to comply with any requirements contained in the Return of Service Addendum; (k) has lost the legal right to practise medicine in British Columbia; (l) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, or limitations on the Participant's Certificate of Registration issued by the College; or (m) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 8 contracts

Samples: Return of Service Contract, Return of Service Contract, Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process))) to this Contract; (d) has not complied with Article 7; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete the Return of Service in accordance with the Return of Service Addendum; (j) fails to comply with any requirements contained in the Return of Service Addendum; (k) has lost the legal right to practise medicine in British Columbia; (l) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Certificate of Registration issued by the CollegeCollege of Physicians and Surgeons of British Columbia; or (m) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 8 contracts

Samples: Return of Service Contract, Return of Service Contract, Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process))to this Contract; (d) has not complied with Article 78; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (hg) does not begin the Return of Service Term in accordance with Section 5.5; (ih) does not complete the Return of Service in accordance with the Return of Service Addendum; (ji) fails to comply with any requirements contained in the Return of Service Addendum; (kj) has lost the legal right to practise medicine in British Columbia; (lk) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, ; or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Certificate of Registration issued by the CollegeCPSBC; or (ml) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 8 contracts

Samples: Return of Service Contract, Return of Service Contract, Return of Service Contract

Breaches. 9.1 8.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does Does not begin the Postgraduate Medical Education;Practice Ready Assessment-BC Program, in which case the Province may terminate the Contract on any day after the day that Participant was to have begun the Practice Ready Assessment-BC Program. (b) begins Begins but does not complete the Postgraduate Medical Education;Practice Ready Assessment-BC Program, in which case the Province may terminate the Contract on any day after the day that the Participant last participated in the Practice Ready Assessment-BC Program. (c) has Has not complied with applied for the process necessary documents as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process));required under subparagraph 7.1. (d) has Has not complied submitted to the Province an Addendum signed with the Health Authority in accordance with Article 7;5.6, unless no Health Authority agrees to sign the Addendum so long as the candidate made every reasonable effort to conclude such an agreement. (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does Does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete to provide the Return of Service in accordance with the Addendum, in which case the Province may terminate the Contract on any day after the day that the Participant was to have begun the Return of Service. (f) Does not complete the full Return of Service Addendum;term, in which case the Province may terminate the Contract on any day after the day that the Participant last returned service. (g) Is no longer legally entitled to practise medicine in British Columbia, in which case the Province may terminate the Contract on any day after the day that the Participant is no longer legally entitled to practise medicine in British Columbia. (h) Changes his or her Medical Practice, except in accordance with Article 6.2. (i) Fails to comply with any requirement in Schedule 1. (j) fails Fails to comply with any the requirements contained in the Return of Service Addendum;. 8.2 The Province may terminate this Contract by giving Notice in writing to the Participant if one or more of the following has occurred: (ka) has lost the legal right to practise medicine A breach of any term described in British Columbia;Article 8.1 (lb) for any Any other circumstance arising whicharises which in the opinion of the Province, determined by the Province acting reasonably, prevents the Participant from fulfilling the his or her Return of Service obligations. Such obligations appropriately. (c) The Participant has breached any other term of this Contract. 8.3 For the purposes of Article 8.2, other circumstances may include, but are not limited to: (i) , revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws by-laws respecting non- renewal for discipline, (ii) , competency or wilful disobedience on the part of the Participant, (iii) , where applicable, but not because of Health Authority need; criminal conviction of the Participant, or (iv) ; or any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Certificate of Registration issued by the College; or (m) has breached any other term of this ContractCPSBC which is not covered by Article 8.1(g). 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 8.4 For the purposes of Section 9.2Article 8.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 5 contracts

Samples: Return of Service Contract, Return of Service Contract, Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process)); (d) has not complied with Article 7; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete the Return of Service in accordance with the Return of Service Addendum; (j) fails to comply with any requirements contained in the Return of Service Addendum; (k) has lost the legal right to practise medicine in British Columbia; (l) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, or limitations on the Participant's Certificate of Registration issued by the College; or (m) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 4 contracts

Samples: Return of Service Contract, Return of Service Contract, Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Competitive Stream Return of Service Placement Process)); (d) has not complied with Article 7; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete the Return of Service in accordance with the Return of Service Addendum; (j) fails to comply with any requirements contained in the Return of Service Addendum; (k) has lost the legal right to practise medicine in British Columbia; (l) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- non-renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, or limitations on the Participant's Certificate of Registration issued by the College; or (m) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 3 contracts

Samples: Return of Service Contract, Return of Service Contract, Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical EducationFellowship, in which case the Province may terminate the Contract on the day after the day the Participant was to have begun the Fellowship; (b) begins but does not complete the Postgraduate Medical EducationFellowship, in which case the Province may terminate the Contract on the day after the day the Participant last participated in the Fellowship; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process))subparagraph 8.1; (d) has not secured a Return of Service Placement and returned an executed Addendum in accordance with Article 5.7 and 5.8, unless Article 5.9 applies, and the Participant has complied with Article 7the requirement of that Article; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete to provide the Return of Service in accordance with the Addendum in which case the Province may terminate the Contract on the day after the day that the Participant was to have begun the Return of Service AddendumService; (jf) fails to comply with any requirements contained in does not complete the Return of Service AddendumService, in which case the Province may terminate the Contract on the day after the day the Participant last returned service; (kg) has lost is no longer legally entitled to practise medicine in British Columbia, in which case the legal right Province may terminate the Contract on the day after the day the Participant is no longer legally entitled to practise medicine in British Columbia; (lh) for any other circumstance arising whichchanges his or her Medical Practice, determined by except in accordance with Article 7.2; (i) fails to follow the Province acting reasonably, prevents process described in Article 5; or (j) fails to comply with the Participant from fulfilling requirements contained in the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, or limitations on the Participant's Certificate of Registration issued by the College; or (m) has breached any other term of this ContractAddendum. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant if one or more of any the following has occurred: (a) a breach of this Contract, including any term described in Section Article 9.1; (b) any other circumstance arises which in the opinion of the Province; acting reasonably, prevents the Participant from fulfilling his or her Return of Service obligations appropriately; (c) the Participant has breached any other term of this Contract. 9.3 For the purposes of Section 9.2Article 9.2 other circumstances may include, but are not limited to, revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital by-laws respecting non- renewal for discipline, competency or wilful disobedience on the part of the Participant, where applicable, but not because of Health Authority need; criminal conviction of the Participant; or any suspension, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBC that is not covered by Article 9.1(g). 9.4 For the purposes of Article 9.2(b), the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 2 contracts

Samples: Return of Service Contract, Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Competitive Stream Return of Service Placement Process))) to this Contract; (d) has not complied with Article 7; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete the Return of Service in accordance with the Return of Service Addendum; (j) fails to comply with any requirements contained in the Return of Service Addendum; (k) has lost the legal right to practise medicine in British Columbia; (l) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- non-renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Certificate of Registration issued by the CollegeCollege of Physicians and Surgeons of British Columbia; or (m) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 2 contracts

Samples: Return of Service Contract, Return of Service Contract

Breaches. 9.1 8.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does Does not begin the Postgraduate Medical EducationPractice Ready Assessment-BC Program, in which case the Province may terminate the Contract on any day after the day that Participant was to have begun the Practice Ready Assessment-BC Program; (b) begins Begins but does not complete the Postgraduate Medical EducationPractice Ready Assessment-BC Program, in which case the Province may terminate the Contract on any day after the day that the Participant last participated in the Practice Ready Assessment-BC Program; (c) has Has not complied with applied for the process necessary documents as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process))required under subparagraph 7.1; (d) has Has not complied with Article 7submitted to the Province an Addendum signed by the Health Authority, unless no Health Authority agrees to sign the Addendum so long as the candidate made every reasonable effort to conclude such an agreement; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does Does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete to provide the Return of Service in accordance with the Addendum, in which case the Province may terminate the Contract on any day after the day that the Participant was to have begun the Return of Service; (f) Does not complete the full Return of Service Addendumterm, in which case the Province may terminate the Contract on any day after the day that the Participant last returned service; (jg) fails Is no longer legally entitled to comply with practise medicine in British Columbia, in which case the Province may terminate the Contract on any requirements contained in day after the Return of Service Addendum; (k) has lost day that the legal right Participant is no longer legally entitled to practise medicine in British Columbia; (lh) for Changes Participant’s Medical Practice, except in accordance with Article 6.2; (i) Fails to comply with any requirement in Article 5; or (j) Fails to comply with the requirements contained in the Return of Service Addendum. 8.2 The Province may terminate this Contract by giving Notice in writing to the Participant if one or more of the following has occurred: (a) A breach of any term described in Article 8.1; (b) Any other circumstance arising whicharises which in the opinion of the Province, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such obligations appropriately; or (c) The Participant has breached any other term of this Contract. 8.3 For the purposes of Article 8.2, other circumstances may include, but are not limited to: (i) , revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws by-laws respecting non- renewal for discipline, (ii) , competency or wilful disobedience on the part of the Participant, (iii) , where applicable, but not because of Health Authority need; criminal conviction of the Participant, or (iv) ; or any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Provisional Certificate of Registration issued which is not covered by the College; or (m) has breached any other term of this ContractArticle 8.1(g). 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 8.4 For the purposes of Section 9.2Article 8.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 1615, whichever is later.

Appears in 2 contracts

Samples: Return of Service Contract, Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education, in which case the Province may terminate the Contract on the day after the day the Participant was to have begun the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education, in which case the Province may terminate the Contract on the day after the day the Participant last participated in the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process))subparagraph 8.1; (d) has not secured a Return of Service Placement and returned an executed Addendum in accordance with Article 5.7 and 5.8, unless Article 5.9 applies, and the Participant has complied with Article 7the requirement of that Article; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete to provide the Return of Service in accordance with the Addendum in which case the Province may terminate the Contract on the day after the day that the Participant was to have begun the Return of Service AddendumService; (jf) fails to comply with any requirements contained in does not complete the Return of Service AddendumService, in which case the Province may terminate the Contract on the day after the day the Participant last returned service; (kg) has lost is no longer legally entitled to practise medicine in British Columbia, in which case the legal right Province may terminate the Contract on the day after the day the Participant is no longer legally entitled to practise medicine in British Columbia; (lh) for any other circumstance arising whichchanges his or her Medical Practice, determined by except in accordance with Article 7.2; (i) fails to follow the Province acting reasonably, prevents process described in Article 5; or (j) fails to comply with the Participant from fulfilling requirements contained in the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, or limitations on the Participant's Certificate of Registration issued by the College; or (m) has breached any other term of this ContractAddendum. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant if one or more of any the following has occurred: (a) a breach of this Contract, including any term described in Section Article 9.1; (b) any other circumstance arises which in the opinion of the Province; acting reasonably, prevents the Participant from fulfilling his or her Return of Service obligations appropriately; (c) the Participant has breached any other term of this Contract. 9.3 For the purposes of Section 9.2Article 9.2 other circumstances may include, but are not limited to, revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital by-laws respecting non- renewal for discipline, competency or wilful disobedience on the part of the Participant, where applicable, but not because of Health Authority need; criminal conviction of the Participant; or any suspension, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBC that is not covered by Article 9.1(g). 9.4 For the purposes of Article 9.2(b), the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 1 contract

Samples: Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical EducationCentralized Orientation; (b) begins but does not complete the Postgraduate Medical EducationCentralized Orientation; (c) has does not complied begin the Clinical Field Assessment; (d) begins but does not complete the Clinical Field Assessment; (e) does not comply with the process as detailed in Section 5.4 of this Contract contract (i.e. ordinarily Schedule 1 (Return of Service Placement Practice Ready Assessment-BC Process))) to this Contract; (df) has not complied with Section 5.3; (g) contravenes Article 7; (eh) has does not returned return an executed Return of Service Addendum in accordance with Article 5; (fi) has there is no Approved Addendum within a reasonable period of time, as determined by the Province at its sole discretion; (j) does not complied comply with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (hk) does not begin the Return of Service Term in accordance with Section 5.5; (il) does not complete the Return of Service in accordance with the Return of Service Approved Addendum; (jm) fails to comply with any requirements contained in the Return of Service Approved Addendum; (kn) has lost the legal right to practise medicine in British Columbia; (lo) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant, or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions, or limitations on the Participant's Certificate of Registration issued by the College; or (mp) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 1 contract

Samples: Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process))) to this Contract; (d) has not complied with Article 7; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete the Return of Service in accordance with the Return of Service Addendum; (j) fails to comply with any requirements contained in the Return of Service Addendum; (k) has lost the legal right to practise medicine in British Columbia; (l) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) termination of employment arrangement by Agency for just cause, (iii) competency or wilful disobedience on the part of the Participant, (iiiiv) criminal conviction of the Participant, or (ivv) any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Certificate of Registration issued by the CollegeCollege of Physicians and Surgeons of British Columbia; or (m) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 1 contract

Samples: Return of Service Contract

Breaches. 9.1 8.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education, in which case the Province may terminate the Contract on the day after the day the Participant was to have begun the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education, in which case the Province may terminate the Contract on the day after the day the Participant last participated in the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process))subparagraph 7.1; (d) has not complied submitted to the Province an executed Addendum in accordance with Article 7subparagraph 5.8, unless no Health Authority agrees to sign the Addendum; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete to provide the Return of Service in accordance with the Addendum in which case the Province may terminate the Contract on the day after the day that the Participant was to have begun the Return of Service AddendumService; (jf) fails to comply with any requirements contained in does not complete the Return of Service AddendumService, in which case the Province may terminate the Contract on the day after the day the Participant last returned service; (kg) has lost is no longer legally entitled to practise medicine in British Columbia, in which case the legal right Province may terminate the Contract on the day after the day the Participant is no longer legally entitled to practise medicine in British Columbia; (lh) for changes his or her Medical Practice, except in accordance with subparagraph 6.2; (i) fails to follow the process described in 5.1; or (j) fails to comply with the requirements contained in the Return of Service Addendum. 8.2 The Province may terminate this Contract by giving Notice in writing to the Participant if one or more of the following has occurred: (a) a breach of any term described in subparagraph 8.1; (b) any other circumstance arising which, determined by arises which in the Province opinion of the Province; acting reasonably, prevents the Participant from fulfilling the his or her Return of Service obligations. Such obligations appropriately; (c) the Participant has breached any other term of this Contract. 8.3 For the purposes of subparagraph 8.2 other circumstances may include, but are not limited to: (i) , revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws by-laws respecting non- renewal for discipline, (ii) , competency or wilful disobedience on the part of the Participant, (iii) , where applicable, but not because of Health Authority need; criminal conviction of the Participant, or (iv) ; or any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Certificate of Registration issued by the College; or (m) has breached any other term of this ContractCPSBC that is not covered by subparagraph 8.1(g). 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 8.4 For the purposes of Section 9.2subparagraph 8.2(b), the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 1615, whichever is later.

Appears in 1 contract

Samples: Return of Service Contract

Breaches. 9.1 8.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does Does not begin the Postgraduate Medical Education;, in which case the Ministry may terminate the Contract on the day after the day that Participant was to have begun the Postgraduate Medical Education. (b) begins Begins but does not complete the Postgraduate Medical Education;, in which case the Ministry may terminate the Contract on the day after the day that the Participant last participated in the Postgraduate Medical Education. (c) has Has not complied with applied for the process necessary documents as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process));required under subparagraph 7.1. (d) has Has not complied submitted to the Ministry an Addendum signed with Article 7;the Health Authority in accordance with subparagraph 5.6, unless no Health Authority agrees to sign the Addendum. (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does Does not begin the Return of Service Term in accordance with the Return of Service Addendum; (h) does not begin the Return of Service Term in accordance with Section 5.5; (i) does not complete to provide the Return of Service in accordance with the Addendum in which case the Ministry may terminate the Contract on the day after the day that the Participant was to have begun the Return of Service Addendum;Service. (f) Does not complete the Return of Service, in which case the Ministry may terminate the Contract on the day after the day that the Participant last returned service. (g) Is no longer legally entitled to practise medicine in British Columbia, in which case the Ministry may terminate the Contract on the day after the day that the Participant is no longer legally entitled to practise medicine in British Columbia. (h) Changes his or her Medical Practice, except in accordance with subparagraph 6.2. (i) Fails to comply with any requirement in Schedule 1 or Schedule 2. (j) fails Fails to comply with any the requirements contained in the Return of Service Addendum;. 8.2 The Ministry may terminate this Contract by giving Notice in writing to the Participant if one or more of the following has occurred: (ka) has lost the legal right to practise medicine A breach of any term described in British Columbia;subparagraph 8.1 (lb) for any Any other circumstance arising whicharises which in the opinion of the Ministry, determined by the Province acting reasonably, prevents the Participant from fulfilling the his or her Return of Service obligations. Such obligations appropriately. (c) The Participant has breached any other term of this Contract. 8.3 For the purposes of subparagraph 8.2 other circumstances may include, but are not limited to: (i) , revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws by-laws respecting non- renewal for discipline, (ii) , competency or wilful disobedience on the part of the Participant, (iii) , where applicable, but not because of Health Authority need; criminal conviction of the Participant, or (iv) ; or any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Certificate of Registration issued by the College; or (m) has breached any other term of this ContractCPSBC which is not covered by subparagraph 8.1(g). 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 8.4 For the purposes of Section 9.2subparagraph 8.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later. 8.5 If this Contract is terminated, the Participant shall immediately repay to the Ministry, in Canadian currency, the amount set out in Schedule 1. 8.6 If this Contract is terminated, interest on the repayment shall accrue beginning on the date on which the Ministry began payments under paragraph 4. 8.7 Interest will be calculated on the outstanding amount repayable at the rate and in the manner calculated in subparagraph 4.1. 8.8 Within 30 days following the termination of the Contract, the Participant shall repay the full amount owing as described under subparagraphs 8.5 and 8.

Appears in 1 contract

Samples: Return of Service Contract

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 (Return of Service Placement Process))to this Contract; (d) has not complied with Article 78; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (hg) does not begin the Return of Service Term in accordance with Section 5.5; (ih) does not complete the Return of Service in accordance with the Return of Service Addendum; (ji) fails to comply with any requirements contained in the Return of Service Addendum; (kj) has lost the legal right to practise medicine in British Columbia; (lk) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) termination of employment arrangement by Agency for just cause, (iii) competency or wilful disobedience on the part of the Participant, (iiiiv) criminal conviction of the Participant, ; or (ivv) any suspension, cancellation, revocation, or imposition of terms, conditions, conditions or limitations on the Participant's Certificate of Registration issued by the CollegeCPSBC; or (ml) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Appears in 1 contract

Samples: Return of Service Contract