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S.M. 1994, c. 19
The Manitoba Medical Association Dues Act
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(Assented to July 5, 1994)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"Association" means the Manitoba Medical Association; (« Association »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)
2(1) This Act applies to medical practitioners licenced under The Medical Act, whether or not they are engaged in the practice of medicine in the province.
2(2) This Act does not apply to
(a) a person who is registered in the educational register under The Medical Act; or
(b) a medical practitioner registered under The Medical Act who is issued a resident's licence, at a reduced fee, that limits his or her practice to duties directly related to a residency program.
3 Every medical practitioner who is a member of the Association shall pay the Association's annual dues and assessments.
4(1) Every medical practitioner who is not a member of the Association shall pay the Association an amount equal to the annual dues and assessments that the Association would charge if the medical practitioner were a member.
4(2) The amount required under subsection (1) does not include the portion of the annual dues that is payable for membership in the Canadian Medical Association.
4(3) The amount required under subsection (1) is due at the same time as dues and assessments under section 3 are due.
4(4) Before the due date of amounts required under subsection (1), the Association shall notify each medical practitioner, in writing, of the amount to be paid.
4(5) Payment by a medical practitioner of the amount required under subsection (1) does not make the medical practitioner a member of the Association.
4(6) For the period beginning March 1, 1994 and ending August 31, 1994, the amount payable under this section is 1/2 the annual dues and assessments that the Association would charge if the medical practitioner were a member for the period beginning September 1, 1993 and ending August 31, 1994.
5 A medical practitioner who becomes licensed under The Medical Act on a day after the day that any amount is payable under this Act shall pay that amount within 30 days of being licensed, and the amount payable is to be pro-rated.
6 The board of directors of the Association may waive or reduce any amount that a medical practitioner is required to pay under this Act if payment would result in undue financial hardship to the medical practitioner or would otherwise not advance the purpose of this Act.
7(1) If a medical practitioner who is not a member of the Association receives payment for services under The Health Services Insurance Act, the minister shall deduct from the amounts payable to the medical practitioner under that Act any amount that the medical practitioner is required to pay under this Act, and shall pay the deducted amount without delay to the Association.
7(2) The minister is not required to deduct or pay any amount if the minister has notice from the Association that the amount has already been paid or that other payment arrangements have been made.
8(1) When a medical practitioner who is not a member of the Association
(a) does not receive payment for services under the Health Services Insurance Act; and
(b) receives compensation from the government or from an organization, corporation or institution that is funded in whole or in part, directly or indirectly, by the government;
the government or that organization, corporation or institution shall deduct from the compensation owed to the medical practitioner any amount that the medical practitioner is required to pay under this Act and shall, on the medical practitioner's behalf, pay the deducted amount without delay to the Association.
8(2) The government or an organization, corporation or institution referred to in subsection (1) is not required to deduct or pay any amount if it has notice from the Association that the amount has already been paid or that other payment arrangements have been made.
8(3) Every agreement relating to compensation made between a medical practitioner or practitioners and the government or an organization, corporation or institution referred to in subsection (1) is deemed to contain a provision requiring the deduction of amounts under this section, except in the circumstances described in subsection (2).
9 The Association shall provide to the minister and to the government and an organization, corporation or institution referred in subsection 8(1) the information that they may require to comply with section 7 or 8, and such information is to be provided at a time and in a manner that will enable them to comply.
10 The Association shall pay a medical practitioner any overpayment that was made either by the medical practitioner or on his or her behalf under this Act.
11 An amount that is required to be paid under section 3, 4 or 10 is a debt that may be recovered in a civil proceeding.
12 The Lieutenant Governor in Council may make regulations respecting any matter that is necessary or advisable to carry out the intent and purpose of this Act.
13 This Act may be referred to as chapter M95 of the Continuing Consolidation of the Statutes of Manitoba.
14 This Act is retroactive and is deemed to have come into force on March 1, 1994.