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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. O60
The Ophthalmic Dispensers Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"corporation" means The Ophthalmic Dispensers of Manitoba continued under section 2; ("Association")
"council" means the council of the corporation for which provision is made in section 6; ("conseil")
"member" means any person who receives a licence to practise ophthalmic dispensing in Manitoba, under this Act; ("membre")
"ophthalmic dispenser" means a person who
(a) prepares and dispenses lenses, including contact lenses, spectacles, eye-glasses, and appurtenances thereto, or any of those things, to the intended wearers thereof, on the written prescriptions of duly qualified medical practitioners or of the holders of certificates of registration under The Optometry Act; and
(b) in accordance with such prescriptions interprets, measures, adapts, fits, and adjusts, such lenses, including contact lenses, spectacles, eye-glasses and appurtenances thereto, or any of those things, to the human face for the aid of vision or the correction of visual or ocular anomalies of human eyes; ("opticien d'ordonnance")
"registrar" means the registrar of the corporation elected by the council as provided in section 11. (" registraire")
The Ophthalmic Dispensers of Manitoba is continued as a body corporate.
The general objects of the corporation are to promote and increase the knowledge, skill, efficiency, and proficiency of its members in all things relating to ophthalmic or optical dispensing, business organization, administration, and ethics, to encourage, promote, and extend, the science of ophthalmic dispensing and to maintain, disseminate, and advance, ethical concepts and standards of knowledge in that science.
The corporation consists of the persons who have obtained a licence to practise ophthalmic dispensing in Manitoba.
Powers with regard to property.
The corporation may acquire and hold real and personal property for its corporate purposes, and may alienate, exchange, lease, mortgage, or otherwise charge or dispose of it, or any part thereof, as occasion may require.
The affairs and business of the corporation shall be controlled, managed, and regulated by a council, which shall consist of at least seven members, four of whom constitute a quorum, and who shall hold office for a term of one year and until their successors are elected.
When a vacancy occurs in the council from any cause, the council shall appoint any member of the corporation to fill the vacancy until the next annual meeting of the corporation.
A general meeting of the members of the corporation shall be held annually for the purpose of electing the council and for such other business as may be brought before the meeting.
A general meeting of the corporation shall be held at such time and place, upon such notice, and otherwise, as is provided in the by-laws of the corporation.
The persons qualified to vote at elections of members of the council are members of the corporation resident in Manitoba.
Retiring members eligible for re-election.
Retiring members of the council, if otherwise qualified, are eligible for re-election.
The council shall elect from its members a president, a treasurer, and a registrar who shall also be the secretary; and the council may elect or appoint such other officers and employees as may be provided for in the by-laws of the corporation.
The council may pass by-laws, respecting
(a) the professional ethics of the members of the corporation;
(b) the government and discipline of its members;
(c) the management of its property ;
(d) banking and finance;
(e) the appointment, duties and removal of officers or servants of the corporation, and their remuneration;
(f) the time and place when and where the annual meeting and other meetings of the corporation shall be held, and the notice necessary therefor;
(g) the registration of members of the corporation and the issue of registration certificates;
(h) the removal of names from the register and the cancellation of licences;
(i) the examinations of applicants for registration, and the fees therefor;
(j) agreements with any university, school, or college for such instruction, direction, and lectures as may be necessary for the purposes of the corporation;
(k) the necessary examinations to qualify as an ophthalmic dispenser;
(l) the fees for registration as a member of the corporation and the fees for licences to practise ophthalmic dispensing;
(m) the limitation or restriction of a member's licence based on the competence, education and training of the member;
(n) all other matters reasonably necessary for the carrying out of the provisions in this Act.
No by-law of the corporation takes effect until approved by the Lieutenant Governor in Council.
The council or a duly appointed committee thereof and any party to a hearing held or to be held with respect to the government and discipline of a member of the corporation, may obtain on praecipe from the Court of Queen's Bench subpoenas for the attendance of witnesses or the production of books, documents and things related to the hearing, or both.
Witnesses to a hearing mentioned under subsection (3) shall give their evidence under oath, which may be administered by a member of council, and are subject to examination and cross-examination, as the case may require, at the hearing.
Every person who furnishes to the registrar or other person authorized by the corporation, satisfactory evidence
(a) that he is 18 years of age and is of good moral character; and
(b) that he has either
(i) satisfactorily completed a two years' course of study in a school of ophthalmic dispensing recognized by the council as maintaining a satisfactory standard, and one year's practical training; or
(ii) had at least four years' satisfactory training and experience in ophthalmic dispensing under the supervision of an ophthalmic dispenser, duly qualified medical practitioner or the holder of a certificate of registration under The Optometry Act;
and who passes a satisfactory examination in ophthalmic dispensing given under this Act is entitled, upon payment of the fee therefor, to have his name entered in the register as hereinafter provided, and to receive a certificate of registration.
Any person whose name is entered in the register is entitled to receive a licence to practise ophthalmic dispensing in Manitoba under this Act, on payment of the prescribed fee.
Subject to subsection (2), each licence expires on December 31 next following the issue thereof.
Every person who holds a valid and subsisting licence to practise ophthalmic dispensing in Manitoba under this Act for any year, may annually, on or before December 15 in that year, apply to the registrar for a renewal thereof for the next ensuing year; and the renewal shall be issued upon payment of the prescribed fee.
Unlicensed practice prohibited.
No person shall practise in Manitoba as an ophthalmic dispenser unless he holds a valid and subsisting licence for the purpose issued to him.
Authority for dispensing, etc.
The service and appliances relating to ophthalmic dispensing shall be dispensed, furnished, or supplied, to the intended wearer or user thereof only upon prescription issued by a duly qualified medical practitioner or by the holder of a certificate of registration under The Optometry Act; but duplications, replacements, reproductions, or repetitions, may be dispensed, furnished or supplied, without prescription.
The registrar shall keep a register in which he shall enter the names and business addresses of all persons who are entitled to have their names entered in the register; and those persons only whose names are inscribed in the register are entitled to receive an annual licence.
No person shall be registered under this Act unless the council is satisfied that he is of the full age of 18 years.
Appeal from decision of registrar.
Every person who applies to have his name entered in the register may appeal to the council from any decision of the registrar thereon; and the council shall hear the appeal and determine the matter in question.
Appeal from decision of council.
Any person affected thereby may appeal from any decision of the council to a judge of the Court of Queen's Bench.
Notice of appeal shall be given in writing within two weeks after service on the person so affected, of the notice of the decision of council and it shall be given by filing a copy thereof with the registrar of the Court of Queen's Bench and serving a copy thereof personally on the registrar.
The appellant shall apply to a judge of the Court of Queen's Bench to fix a date for the hearing of the appeal, and shall serve notice of the date fixed on the registrar, and in like manner, either at the time of service of the notice of appeal or within two weeks thereafter.
The appellant may appear on the appeal in person or by counsel; and the council may appear by any member thereof or by counsel.
The hearing of the appeal shall be a trial de novo; and the judge may hear all such evidence as he deems to be relevant, and may affirm the decision of the council or amend it and affirm it or disallow it.
Any person who contravenes, or refuses, omits, neglects, or fails to observe or comply with, any provision of this Act is guilty of an offence and is liable, upon summary conviction, to a fine, not exceeding $1,000. or to imprisonment for a term not exceeding three months, or to both.
The funds of the corporation shall be deposited in a bank to the credit of the corporation, and the expenses of the corporation shall be paid therefrom.
Act not applicable to physicians, optometrists and others.
Nothing in this Act applies to any duly qualified medical practitioner or the holder of a certificate of registration under The Optometry Act or to persons who sell complete ready-to-wear glasses as merchandise from a permanent place of business.