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 |