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S.M. 1986-87, c. 43
The Manitoba Medical Association Fees Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"Association" means the Manitoba Medical Association; ("Association")
"full-time" has the meaning given to that expression in the regulations; ("temps plein")
"medical practitioner" means a duly qualified medical practitioner holding a current licence under The Medical Act; ("médecin")
"part-time" has the meaning given to that expression in the regulations. ("temps partiel")
Every medical practitioner, whether or not a member of the Association and whether or not engaged in the practice of medicine, shall pay to the Association, on or before September 1 in each year, a fee equal to the amount of the annual membership fee for a full-time medical practitioner or a part-time medical practitioner, as the case may require, prescribed from time to time in the schedule of membership fees of the Association.
C.M.A. membership portion not included.
The amount of the fee required to be paid under subsection (1) does not include the portion of the annual membership fee that is payable for membership in the Canadian Medical Association.
Where a medical practitioner becomes licensed under The Medical Act on a day subsequent to September 1 of any year but before August 31 of the immediately ensuing year, the medical practitioner shall pay the fee required to be paid under subsection (1) not later than 30 days after becoming so licensed, and the amount of the fee shall be pro-rated in accordance with the prorata membership fee schedule of the Association.
Nothing in this Act requires a medical practitioner who is not a member of the Association to become a member thereof, and payment by a medical practitioner of the fee required to be paid under section 2 does not of itself entitle the medical practitioner to, or confer upon the medical practitioner, membership in the Association.
In the case of a medical practitioner who is a member of or an applicant for membership in the Association, payment of the fee required to be paid under section 2 in respect of a particular year, together with such additional amount as may be prescribed in the schedule of membership fees of the Association as the fee for membership in the Canadian Medical Association, constitutes full payment of the fee for membership in the Association in respect of that year.
Prior to the due date of the fee required to be paid under section 2 by any medical practitioner in each year, the Association shall give the medical practitioner written notice of the requirement to pay the fee and the amount thereof.
Any medical practitioner who fails to pay the fee required to be paid under section 2 on or before the due date thereof becomes automatically subject to a fine of $1,000. in addition to the fee, and shall pay the fine to the Association forthwith upon receiving written notice from the Association demanding payment thereof.
Any fine or fee required to be paid by a medical practitioner under this Act that remains unpaid on its due date is a debt due and owing to the Association and is recoverable by the Association from the medical practitioner by action in any court of competent jurisdiction.
Any notice required to be given under this Act is deemed to be sufficiently given if served by registered mail, or in such other manner as the Association may by resolution of its board of directors prescribe.
This Act does not apply to any medical practitioner
(a) who holds a resident's licence issued under The Medical Act and the by-laws made thereunder; or
(b) in respect of whom the fee that would otherwise be payable under section 2 is waived by the board of directors of the Association, by resolution, upon being satisfied that payment of the fee in the case of that medical practitioner would result in undue hardship or would not advance the purposes of this Act.
Upon being satisfied that
(a) no agreement under section 99 of The Health Services Insurance Act is in force between the Association and the Manitoba Health Services Commission; and
(b) no negotiations for entering such an agreement are under way; the Lieutenant Governor in Council may by order suspend the operation of sections 2 to 4 and, while so suspended, those sections are inoperative and of no effect.
A suspension under subsection (1) does not entitle a medical practitioner to a refund of any fee or portion of a fee paid under section 2 for a period that is subject to the suspension.
Any suspension under subsection (1) shall be terminated by a further order of the Lieutenant Governor in Council forthwith upon the Lieutenant Governor in Council being satisfied that an agreement under section 99 of The Health Services Insurance Act is again in force between the Association and the Manitoba Health Services Commission.
An order of the Lieutenant Governor in Council terminating a suspension under subsection (3) may be made with retroactive effect.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations defining the expressions "full-time" and "part-time".
Reference in Continuing Consolidation.
This Act may be referred to as chapter M95 in the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives the royal assent or September 1, 1986, whichever is the later, but if this Act receives the royal assent on a day subsequent to September 1, 1986 then it is retroactive and shall be deemed to have been in force on, from and after September 1, 1986.