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The Optometry Act

C.C.S.M. c. O70

The Optometry Act

1 Definitions
2 Objects of Act
2.1 (1) Practice of optometry
(2) Included practices
3 Persons deemed to be practising optometry
4 Incorporation continued
5 (1) 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 (1) Organization of council
(2) Meetings
(3) Quorum
6.1 (1) Regulatory advisory committee
(2) Responsibilities of committee
7 (1) Regulations
(2) Rules
8 (1) Appointment of examiners
(2) Lay person on examining board
(3) Council to provide course
9 (1) Further powers
(2) Rules of ethics to provide for medical consultation
(3) Effective date of by-laws
(4) Annulment of by-laws
10 Registration under former Act
11 (1) Registration of optometrists
(2) Approval despite prior suspension, etc.
(3) Conditions
(4) Entry in register and certificate of registration
11.1 (1) Registration if emergency
(2) Emergency need not be declared
(3) Certificate of registration or licence
12 (1) Optometric drug licence
(2) Entitlement to licence
13 Use of designation "optometrist"
14 Display of certificate
15 (1) Examination fee payable in advance
(2) Dues
(3) Annual fee
(4) Reissue of revoked certificate
(5) Re-registration after lapse
16 (1) Expenses of association
(2) Disposition of funds received
17 Restriction on use of title "Doctor"
18 Complaints committee
18.1 (1) Making a complaint
(2) Complaints against former members
(3) Referral to complaints committee
18.2 (1) Notice of complaint and investigation
(2) Records and information
(3) Failure to produce records
(4) Investigation of other matters
18.3 (1) Decision of complaints committee
(2) Notice of decision
(3) Hearing not required
(4) Issuance of formal caution
(5) Where no agreement respecting caution
18.4 (1) 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 (1) Suspension pending decision
(2) Application for stay
18.6 (1) 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 (1) Hearing open to public
(2) Request for hearing in private
(3) Hearing in private
18.8 (1) Evidence
(2) Power to administer oaths
(3) Recording of evidence
18.9 (1) 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 (1) Orders of discipline committee
(2) Committee may consider cautions
(3) Suspension or revocation of registration
(4) Ancillary orders
18.13 (1) Costs and fines
(2) Failure to comply with order
(3) Filing of order
18.14 (1) Written decision
(2) Service of decision
(3) Copies of transcript
18.15 Publication of decision
18.16 Stay pending appeal to court
18.17 (1) Appeal to court
(2) Commencement of appeal
(3) Appeal on the record
(4) Powers of court on appeal
18.18 Protection from liability
19 (1) Practising without certificate forbidden
(2) Personation
(3) Evidence of practising
(4) Prima facie proof of practising optometry
(5) Offence and penalty
(6) Injunction
(7) Prima facie validity of certificate
20 Non-application
21 Certain sales exempted
22 (1) Confidentiality of information
(2) Offence
23 (1) 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