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S.M. 1999, c. 26
THE OPHTHALMIC DISPENSERS AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT
(Assented to July 14, 1999)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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
Section 3 is amended
(a) by striking out "ophthalmic or optical dispensing" and substituting "opticianry"; and
Subsection 12(1) is amended
(a) in clause (k), by striking out "ophthalmic dispenser" and substituting "optician"; and
Section 13 is repealed and the following is substituted:
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.
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.
Section 16 is repealed and the following is substituted:
No person shall practise as an optician unless the person holds a valid and subsisting licence issued under this Act.
The following is added after section 17:
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.
Section 21 is repealed and the following is substituted:
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.
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
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".
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;
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".
This Act comes into force on the day it receives royal assent.