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C.C.S.M. c. O70
The Optometry Act
Table of Contents
| PART 1 | ||
| INTERPRETATION | ||
| 1 | Definitions | |
| 2 | Objects of Act | |
| PRACTICE OF OPTOMETRY | ||
| 2.1 | Practice of optometry | |
| (2) | Included practices | |
| 3 | Persons deemed to be practising optometry | |
| PART 2 | ||
| GOVERNANCE | ||
| ASSOCIATION | ||
| 4 | Incorporation continued | |
| 4.1 | Expenses of association | |
| (2) | Disposition of funds received | |
| COUNCIL | ||
| 5 | Council of the association | |
| (2) | Election and appointment of members of council | |
| (3) | Elected members to be residents of the province | |
| (4) | Term of office | |
| (5) | Filling of vacancies | |
| 6 | Organization of council | |
| (2) | Meetings | |
| (3) | Quorum | |
| REGULATORY ADVISORY COMMITTEE | ||
| 6.1 | Regulatory advisory committee | |
| (2) | Responsibilities of committee | |
| REGULATIONS | ||
| 7 | Regulations | |
| (2) | Rules | |
| EXAMINATIONS | ||
| 8 | Appointment of examiners | |
| (2) | Lay person on examining board | |
| (3) | Council to provide course | |
| BY-LAWS | ||
| 9 | Further powers | |
| (2) | Rules of ethics to provide for medical consultation | |
| (3) | Effective date of by-laws | |
| (4) | Annulment of by-laws | |
| PART 3 | ||
| MEMBERSHIP | ||
| REGISTRATION | ||
| 10 | Registration under former Act | |
| 11 | Registration of members | |
| (2) | Approval despite prior suspension, etc. | |
| (3) | Conditions | |
| (4) | Entry in register | |
| (5) | Certificate of registration | |
| PUBLIC HEALTH EMERGENCY | ||
| 11.1 | Registration if emergency | |
| (2) | Emergency need not be declared | |
| (3) | Certificate of registration or licence | |
| OPTOMETRIC DRUG LICENCE | ||
| 12 | Optometric drug licence | |
| (2) | Entitlement to licence | |
| GENERAL MEMBERSHIP PROVISIONS | ||
| 13 | Use of designation "optometrist" | |
| 14 | Display of certificate | |
| 15 | Examination fee payable in advance | |
| (2) | Fees and dues | |
| (3) | Annual dues | |
| (4) | Reissue of revoked certificate | |
| (5) | Reregistration after lapse | |
| 17 | Restriction on use of title "Doctor" | |
| PART 4 | ||
| PROFESSIONAL CORPORATIONS | ||
| 17.1 | Authority of professional corporation to practise | |
| (2) | How professional corporation may practise | |
| PERMIT | ||
| 17.2 | Permit for professional corporation | |
| (2) | Conditions | |
| (3) | Validity | |
| (4) | Validity during consideration of renewal application | |
| (5) | Refusal to issue or renew permit | |
| (6) | Notice of decision | |
| (7) | Appeal to council | |
| (8) | How to appeal | |
| (9) | Decision by council | |
| (10) | Appeal to court | |
| RESTRICTIONS | ||
| 17.3 | Carrying on practice without permit prohibited | |
| 17.4 | Restriction on use of name | |
| (2) | Restriction on business of professional corporation | |
| (3) | Interpretation of business restriction | |
| (4) | Validity of corporate act | |
| DUTIES AND RESPONSIBILITIES | ||
| 17.5 | Conflict in duties | |
| 17.6 | Member must comply with Act, etc. | |
| (2) | Contraventions by corporation prohibited | |
| (3) | Obligations to persons receiving optometric services not diminished | |
| (4) | Liability of members | |
| (5) | Liability of voting shareholders | |
| (6) | Investigation of member practising through corporation | |
| (7) | Member's conditions apply to corporation | |
| SUSPENSION OR CANCELLATION | ||
| 17.7 | Suspending or cancelling permit | |
| (2) | Limitation | |
| (3) | Surrender of permit | |
| 17.8 | Alternatives to suspending or cancelling permit | |
| 17.9 | Written notice of cancellation required | |
| 17.10 | Appeal to court | |
| (2) | Powers of court on appeal | |
| 17.11 | Notice of changes | |
| AGREEMENTS | ||
| 17.12 | Voting agreements void | |
| (2) | Unanimous shareholders' agreements void | |
| PROHIBITIONS | ||
| 17.13 | Holding out as a professional corporation | |
| (2) | Holding out as a shareholder, officer, etc. | |
| 17.14 | Making false representations or declarations | |
| (2) | Assisting the making of false representation | |
| RECORD OF CORPORATIONS | ||
| 17.15 | Record of professional corporations | |
| (2) | Registrar to maintain record | |
| (3) | Contents of record | |
| (4) | Inspection of record | |
| MISCELLANEOUS | ||
| 17.16 | Association powers | |
| 17.17 | Prohibition re false advertising | |
| PART 5 | ||
| PROFESSIONAL CONDUCT | ||
| COMPLAINTS COMMITTEE | ||
| 18 | Complaints committee | |
| 18.1 | Making a complaint | |
| (2) | Complaints against former members | |
| (3) | Referral to complaints committee | |
| 18.2 | Notice of complaint and investigation | |
| (2) | Records and information | |
| (3) | Failure to produce records | |
| (4) | Investigation of other matters | |
| 18.3 | Decision of complaints committee | |
| (2) | Notice of decision | |
| (3) | Hearing not required | |
| (4) | Issuance of formal caution | |
| APPEALS COMMITTEE | ||
| 18.4 | Appeals committee | |
| (2) | Member not to have taken part in investigation | |
| (3) | Appeal by complainant to appeals committee | |
| (4) | Power on appeal | |
| (5) | Notification of appeal committee's decision | |
| (6) | Hearing not required | |
| 18.5 | Suspension pending decision | |
| (2) | Application for stay | |
| DISCIPLINE COMMITTEE | ||
| 18.6 | Discipline committee established | |
| (2) | Roster of lay members | |
| (3) | Member not to have taken part in investigation | |
| (4) | Hearing by discipline committee | |
| (5) | Service of notice of hearing | |
| (6) | Right to appear and be represented | |
| 18.7 | Hearing open to public | |
| (2) | Request for hearing in private | |
| (3) | Hearing in private | |
| 18.8 | Evidence | |
| (2) | Power to administer oaths | |
| (3) | Recording of evidence | |
| 18.9 | Witnesses | |
| (2) | Notice to attend and produce records | |
| (3) | Registrar shall provide notices | |
| (4) | Failure to attend or give evidence | |
| (5) | Witness fees | |
| 18.10 | Hearing in absence of investigated member | |
| 18.11 | Unskilled practice or professional misconduct | |
| 18.12 | Orders of discipline committee | |
| (2) | Committee may consider cautions | |
| (3) | Suspension or revocation of registration | |
| (4) | Ancillary orders | |
| 18.13 | Costs and fines | |
| (2) | Failure to comply with order | |
| (3) | Filing of order | |
| 18.14 | Written decision | |
| (2) | Service of decision | |
| (3) | Copies of transcript | |
| 18.15 | Publication of decision | |
| 18.16 | Stay pending appeal to court | |
| APPEAL TO COURT | ||
| 18.17 | Appeal to court | |
| (2) | Commencement of appeal | |
| (3) | Appeal on the record | |
| (4) | Powers of court on appeal | |
| 18.18 | Protection from liability | |
| PART 6 | ||
| PROHIBITIONS | ||
| 19 | Unauthorized practice | |
| (2) | Personation | |
| (3) | Evidence of practising | |
| (4) | Prima facie proof of practising optometry | |
| (5) | Offence and penalty | |
| (5.1) | Offence by director, officer or employee | |
| (6) | Injunction | |
| (7) | Registrar's certificate | |
| 20 | Non-application | |
| 21 | Certain sales exempted | |
| PART 7 | ||
| CONFIDENTIALITY | ||
| 22 | Confidentiality of information | |
| (2) | Offence | |
| 23 | Registrar to collect information | |
| (2) | Member to provide information | |
| (3) | Minister may require information | |
| (4) | Registrar to provide information to minister | |
| (5) | Minister may disclose information | |
| (6) | Authorized entities | |