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S.M. 1999, c. 26

THE OPHTHALMIC DISPENSERS AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT

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(Assented to July 14, 1999)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. O60 amended

1

The Ophthalmic Dispensers Act is amended by this Act.

2

The title is repealed and "THE OPTICIANS ACT" is substituted.

3

Section 1 is amended

(a) in the definition "corporation", by striking out "The Ophthalmic Dispensers of Manitoba" and substituting "The Opticians of Manitoba";

(b) in the definition "member", by striking out "ophthalmic dispensing in Manitoba," and substituting "opticianry"; and

(c) in the definition "ophthalmic dispenser", by striking out "ophthalmic dispenser" and substituting "optician".

4

Section 2 is amended by striking out "The Ophthalmic Dispensers of Manitoba" and substituting "The Opticians of Manitoba".

5

Section 3 is amended

(a) by striking out "ophthalmic or optical dispensing" and substituting "opticianry"; and

(b) by striking out ", the science of ophthalmic dispensing" and substituting "the science of opticianry".

6

Section 4 is amended by striking out "ophthalmic dispensing" and substituting "opticianry".

7

Subsection 12(1) is amended

(a) in clause (k), by striking out "ophthalmic dispenser" and substituting "optician"; and

(b) in clause (l), by striking out "ophthalmic dispensing" and substituting "opticianry".

8

Section 13 is repealed and the following is substituted:

Requirements for person to be registered

13(1)

A person is entitled to have his or her name entered in the register established under section 18, and to receive a certificate of registration, if the person

(a) passes an examination in opticianry given under this Act;

(b) provides evidence satisfactory to the registrar that he or she has completed

(i) a two year course of study in a school of opticianry recognized by the council as maintaining a satisfactory standard, and one year of practical training, or

(ii) at least four years of training and experience in opticianry that the council considers satisfactory; and

(c) pays the registration fee.

Registration of person licensed in other jurisdiction

13(2)

A person is entitled to have his or her name entered in the register established under section 18, and to receive a certificate of registration, if the person pays the registration fee and provides evidence satisfactory to the registrar that he or she is currently licensed to practise opticianry and is in good standing as an optician in another jurisdiction that is recognized by the council as having licensing requirements equivalent to those under this Act.

9

Section 14 is amended by striking out "ophthalmic dispensing in Manitoba" and substituting "opticianry".

10

Subsection 15(2) is amended by striking out "ophthalmic dispensing in Manitoba" and substituting "opticianry".

11

Section 16 is repealed and the following is substituted:

Unlicensed practice prohibited

16

No person shall practise as an optician unless the person holds a valid and subsisting licence issued under this Act.

12

Section 17 is amended by striking out "ophthalmic dispensing" and substituting "opticianry".

13

The following is added after section 17:

Use of titles

17.1

No person except a member shall use the title "optician", "dispensing optician", "ophthalmic dispenser" or "certified contact lens optician", or a variation or abbreviation of those titles, or an equivalent in another language that implies the person is registered as a member of the corporation or entitled to practice as an optician.

14

Section 19 is repealed.

15

Section 21 is repealed and the following is substituted:

Appeal from decision of council

21(1)

A person whose application for registration is refused by the council, or any person who considers himself or herself aggrieved by a disciplinary order made by the council under the by-laws of the corporation, may appeal the decision to the Court of Queen's Bench by filing a notice of appeal within 30 days after the date on which the applicant is served with notice of the decision.

Powers of court on appeal

21(2)

After hearing an appeal based on the record of the proceedings before the council, the court may

(a) confirm, vary or rescind the decision of the council; or

(b) refer the matter back to the council for further consideration in accordance with any direction of the court.

16

Section 22 is amended

(a) by striking out the heading and substituting "Offence and penalty"; and

(b) by striking out "Any person who contravenes, or refuses, omits, neglects, or fails to observe or comply with, any provision" and substituting "A person who contravenes a provision".

Consequential amendment, C.C.S.M. c. M90

17

Clause 2(2)(e) of the English version of The Medical Act is repealed and the following is substituted:

(e) to an optician acting within the scope of The Opticians Act;

Consequential amendments, C.C.S.M. c. O70

18

Section 20 of The Optometry Act is amended

(a) by striking out "and to ophthalmic dispensers" and substituting ", or to opticians"; and

(b) by striking out "The Ophthalmic Dispensers Act" and substituting "The Opticians Act".

Coming into force

19

This Act comes into force on the day it receives royal assent.