Bill 47 (Legislature 11, Session 5)

L11 S5 6844

Alberta — Bills

Bill No. 47 of 1952. A BILL RESPECTING THE PRACTICE OF CHIROPODY NOTE. This is a new Act to be known as The Chiropody Profes sions Act which repeals and replaces "The Chiropody Act" being

chapter 289 of the Revised Statutes of Alberta, 1942: Sections 3 to 6 deal with the Alberta Chiropody Associa tion which is constituted a body corporate and politic under the name of the Alberta Chiropody Association. Member ship in the Association will consist of all persons holding a certificate of registration as a ,chiropodist. The Associa tion may pass by-laws providing for the government and discipline of its members, the management of its property, the levying of contributions from members, the advance ment of the profession and the payment of fees.

The by-laws and amendments are to be ratified by the members, filed with the Minister and published in The Alberta Gazette. A council of management is to be set up within the Asso ciation and will consist of such number of persons and officers as the Association may determine by by-law. The officers are to be elected by the Association and the council may discipline the members of the Asso,ciation, and suspend or expel members from the Association for professional misconduct or for failure to comply with a by-law of the Association imposing suspension or expulsion as a penalty for the breach thereof.

A by-law imposing the suspension or expulsion as a penalty for its breach is one that the Lieutenant Governor in Council is to approve. In addition, the council may suspend the certificate of a member who is in default of his annual fee for a period of sixty days, but shall reinstate a certificate so suspended upon the pay ment of the annual fee and the further sum of five dollars.

Section 7 provides that a registrar be appointed by the Association, who shall register every candidate and issue certifi·cates of registration. The registrar shall also record in a register all certificates issued and shall provide the Minister with a roll of all members when requested to do so.

Section 8 provides for the suspension or expulsion of members, by the council, upon complaint and whom they find guilty of improper conduct, incompetency or contra vention of a by-law. No member may be suspended or expelled without first appearing before the council to be heard in his own defence and the evidence taken upon the hearing is to be taken under oath and in shorthand. A member suspended or expelled by the council may appeal to a judge of the Supreme Court of Alberta within four teen days of the order of suspension or expulsion. If re quested, a copy of the ~vidence taken at the hearing shall

ii be filed with the clerk of the court of the appeal. The council is to notify the Minister of the suspension or ex pulsion of a member from the Association.

Section 9 establishes a Board of Examiners and sets out the duties of the Board. The Board is to examine creden tials of candidates wishing to practise chiripody, classify and accredit approved schools teaching chiropody and set examinations or tests for candidates desiring to practise chiropody. The Board may exempt candidates from exam inations where, in its opinion, they are sufficiently qualified. The fees and allowances of the members of the Board may be prescribed by the Lieutenant Governor in Council.

Section 10 deals with the requirements for registration of a candidate and their examinations.

Section 11 provides that a person registered as a chiropo dist under the old Act shall be entitled to receive a cer tificate of registration under this Act. A registered chiropodist must display his certificate of registration in his offi,ce or place where he practises; and he shall be entitled to demand and to recover as a debt the proper charges for such employment. Sections 14 to 18 set out offences and penalties under the Act.

It is an offence for a person who is not registered under the Act to hold himself out as a registered chiropo dist; and it is an offence for a person to advertise or hold himself out as a specialist in chiropody without having received from the registrar of the Association a certificate of compliance with the requirements prescribed by the Association.

It is also an offence for a person to wilfully procure or attempt to procure registration by making false or fraudulent representations or declarations orally or in writing; and a member of the Association aiding or assist ing him is also guilty of an offence under this Act.

A person violating any provisions of this Act shall be liable on sum mary conviction to a penalty of not more than one hundred dollars for the first offence; to a penalty of two hundred dollars for the second offence; and to imprisonment for a term not exceeding three months without the option of a fine in the case of a third or subsequent offence.

Section 19 sets out the fees payable to the Minister for a certificate of approval of registration. The Provincial Secretary is the Minister charged with the administration of this Act. The Chiropody Act, being

chapter 289 of the Revised Statutes of Alberta, 1942, is repealed. This Bill comes into force on the 1st day of July, 1952. J. W. RYAN, Acting Legislative Counsel. . (This note does not fonn any part of the Bill but is offered tn explanation of its provisions.)

BILL No. 47 of 1952.

An Act respecting the practice of Chiropody. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This Act may be cited as "The Chiropody Professions

Short title Act".

Interpretation. 2.

In this Act, unless the context otherwise requires,- ~~i~J're (a) "Association" means the Alberta Chiropody Asso- ".As~.ocia- ciation as created and constituted by this Act; bon (b) "Board" means the Board of Examiners in Chirop- "Board" ody appointed under this Act; (c) "certificate of approval for registration" means a ~ie:~~~~;t;l certificate issued by the Board stating that the ~or{eg!~ holder is qualified to practise as a chiropodist in ra IOn the Province; (d) "certificate of registration" means the certificate ~ie;:~?;_ate issued by the Association entitling the holder to tration" practise chiropody; (e) "chiropodist" means a person who is registered "chiropodist" under the provisions of this Act as such; (f) "chiropody" means that branch of the healing arts "chiropody" which treats of ailments or diseased conditions or deformities or injuries of the human foot and leg muscles controlling the foot, and includes the ex amination, diagnosis and treatment, but does not confer the right to treat systemic diseases of bones, muscles or ligaments; nor the use of x-ray equip- ment for purposes other than diagnostic; nor the use of anesthetics other than local; (g) ".council" means the council of management of the "council" Association; (h) "Minister" means that member of the Executive "Minister" Council charged for the time being with the admin- tration of this Act.

Constitution and powers of Alberta Chiropody Association Association may invest funds Membership of Association Association may pass by-laws Total membership fee not to exceed fifty dollars By-laws to be ratified filed and published in '1 he Albe1'ta Gazette Council of management established 2 The Alberta Chiropody Association. 3.

(1) The members of the Alberta Chiropody Associa tion are hereby constituted a body corporate and politic having perpetual succession and a common seal under the name of the "Alberta Chiropody Association", with powers to,- (

a) acquire, hold, mortgage, lease, sell or otherwise charge or dispose of real estate and personal prop erty for the purpose of the Association; (

b) borrow money for its purposes and to secure the repayment thereof by mortgage on its real and personal property; and (

c) sue and be sued.

(2) The Association may invest such portion of its funds as is not required for its immediate purposes in any secur ities specified in

section 3 of The Trustee Act.

(3) The membership of the Association shall consist of all persons holding a certificate of registration as a chiropo dist. 4.

(1) The Association may pass by-laws not inconsis tent with any act or law in force in the Province providing for,- (

a) the government and discipline of its members; (

b) the management of its property; (

c) the maintenance of the Association by levying con tributions or otherwise; (

d) all such other purposes as may be deemed necessary or convenient for the working or management of the Association, or the advancement of the profes sion of chiropody; and (

e) the payment of fees by the members of the Asso ciation.

(2) The total of the levies and contributions and mem bership fees required under subsection (1), clauses (

c) and (

e) in any year shall not exceed the sum of fifty dollars for each member. 5. By-laws or amendments thereto,- (

a) shall be ratified by the Association at an annual general meeting or at a general meeting called for that purpose; and (

b) shall be filed with the Minister and published in The Alberta Gazette; and (

c) shall come into force upon publication or upon such later date as may be specified in the by-laws. 6.

(1) There shall be a council of management of the Association consisting of such number of persons and in cluding such officers as the Association enacts from time to time by by-law.

(2) The members thereof shall be elected by the As- Electlpn of . t' f h t d . h counCIllor SOCIa IOn or suc erm an In suc manner as the by-law may provide, but in no cas~ shall a member hold office without re-election for a longer term than until the second annual meeting following his election.

(3) The majority, or in the case of an even number, one Quor~m of half, of the members of the council shall constitute a councIl quorum.

(4) The council, in addition to such other powers as may cpu!1ci.1 may be conferred upon it by the Association, may discipline ~~~~~~e the members of the Association and may suspend or expel any member thereof for professional misconduct or for failure to comply with a by-law of the Association imposing suspension or expulsion as a penalty for the breach thereof.

(5) No person shall be suspended or expelled under the Suspensi~n provisions of

section 8, subsection (1) or otherwise, for or expulSIOn failure to comply with any by-law except a by-law which imposes suspension or expulsion as a penalty for the breach thereof, and which has been approved by the Lieutenant Governor in Council.

(6) Notwithstanding the provisions of this

section or of Counci~ may

section 8, subsection (1) the council may suspend the cer- ~~~~~~at~ of tificate of registration of a member who is in default of registratIOn payment of his annual fee, including levies and contribu- tions, for a period of sixty days, and shall reinstate a certificate so suspended at any time upon payment of the annual fee and a further sum of five dollars. Membership in the Association. 7.

(1) A registrar, who shall be appointed by the Asso- Regi,stration " b I h II ' t d'd t l'f' of candidates ciatIOn by y- aw, s a regIs er every can I a e qua lYIng under

section 10, subsections (1) and (2) ,- (

a) who produces satisfaetory eviden.ce that he is twenty-one years of age, of good moral character, that his name is not erased from the register of a chiropody association; (

b) to whom the Board of Examiners has issued a cer tificate of approval for registration; (

c) who pays the registration fee prescribed in

section 4, clause (

e) of this Act.

(2) Certificates issued by the registrar shall be numbered Certificates , . k t b th to be num-consecutively and recorded In a regIster ep y e bered and registrar for that purpose and when requested to do so the recorded registrar shall provide the Minister with a roll of all members. 8.

(1) The council in its discretion, may suspend or Suspensli~n • , or expu SlOn expel from the ASSOCIatIOn any member whom they find upon . 'It f' d' t t t' complamt gUI y 0 Improper con uct, InCOmpe ency or con raven IOn of a by-law of the Association imposing suspension or ex- pulsion as a penalty for the breach thereof, but the council

:'lember entitled to ]le heard Evidence under oath Chairman mayadmin ister oath Evidence recorded Member may appeal suspension or expulsion Evidence filed with court Judgment on appeal Minister to be notified Appointment of Board 4 shall not take action until a con1plaint, verified by statutory declaration has been filed with the registrar of the Associa tion and a 'COpy of the complaint forwarded to the accused member.

(2) No member shall be suspended or expell~d .without first being summoned to appear before the councIl In order to be heard in his own defence.

(3) The council shall not suspend or expel any member without having heard the evidence under oath, in support of the complaint and on behalf of the accused member, in case such member wishes to be heard. ( 4) The chairman of the council, or the person acting in his absence, may administer an oath.

(5) All evidence offered by the complainant and the ac cused member shall be taken down in shorthand by a com petent stenographer.

(6) Any member suspended or expelled from the Associa tion may appeal from the decis-ion of the council to a judge of the Supreme Court of Alberta at any time within four teen days of the date of the order or the resolution of suspension or expulsion, or within such further time as a judge of the Supreme Court of Alberta may order.

(7) On the request of the appellant a copy of the evidence taken at the hearing before the council shall be filed with the clerk of the court for the judicial district in which the appellant resides.

(8) The judge on the appeal may make such order or direction and as to costs, as the justice of the case may require.

(9) The council shall notify the Minister of the suspen sion or expulsion of a member of the Association. Board of Examiners. 9.

(1) The Lieutenant Governor in Council may appoint a Board to be known as the Board of Examiners in Chiropody. Boa~dto

(2) The Board shall be composed of not more than five ~~:~s:h~~ not persons, of whom two shall be members of the Association, five persons who shall hold office during the pleasure of the Lieutenant Governor in Council. ;~;~~;~a •

(3) The Lieutenant Governor in Council may appoint one of 130ard e ry of the members to be chairman of the Board and may also appoint one of the members as secretary of the Board. Duties of Board ( 4) The duties of the Board shall be,- (

a) to evaluate credentials of candidates for admission to practise; (

b) to classify and accredit approved s,chools, colleges or universities teaching surgical chiropody (or podiatry) whose graduates may be considered qualified;

5 (

c) to exempt from examination a candidate who is a gradu~te ,of an approyed colle&,e or university or other InstItute or who IS otherWIse qualified by rea son of his training and experience, and who in the opinion of the Board, possesses the qualiftcaLons required by this Act; (

d) to set examinations or tests for, and conduct the examinations of all persons who have not been granted exemption from examination by the Board pursuant to clause (c) ; and (

e) to certify successful candidates,

(5) The maj ority of the members of the Board shall con- Quorum stitute a quorum.

(6) The Lieutenant Governor in Council may prescribe Board fees the fees and allowances for expenses to be paid members of the Board. 10.

(1) A candidate for registration shall present his Exemption academic credentials, verified by certified copy of official ~:o~ndidate trans,cript of credits issued by the graduating institutions examination to the Board for inspection and evaluation and if th~ qualifications of the candidate, in the opinion of the Board, are in all respects the equivalent to the prescribed stand- ards set, the Board shall exempt such candidate from further examination and upon the candidate paying the fee prescribed by

section 19 shall grant him a certificate of approval for registration.

(2) The Board may require candidates presenting them- IExamiJ:atlion selves for approval for registration who do not qualify of candIdate under subsection (1) to take such examinations as may be fixed by the Board and upon successfully completing such examination the candidate, upon payment of the fee pre- scribed by

section 19, shall be entitled to a certificate of approval for registration.

(3) The application for a certificate of approval for Certificate of , . 'd ' I' d approval for regIstratIOn shall be filed WIth the Boar In dup lcate an registration one copy shall be sent by the Board to the registrar of the Association.

(4) The council may appeal to the Lieutenant Governor Appea: lof "C '1 f d' , f th B d t' counCIl to In ouncI rom a eClsIOn 0 e oar exemp Ing an Lieutenant applicant from examination or approving a college 01' in- ~oC~~~~11 stitute. 11. A person duly registered as a chiropodist under the rersd n r3gis - provisions of The Chiropody Act, being

chapter 289 of the ,j~: c~iro~~ Revised Statutes of Alberta, 1942, shall be entitled to re- ~~B.tt;J to ceive from the Association a certificate of registration under cer~ificat~ of this Act. regIstratIOn

6 Certificate of 12. A registered chiropodist shall display his certificate ~~g~~tration of registration in a conspicuous place in his offi,ce or place displayed wherein he usually practises. Fees recoverable as a debt Offences Idem Idem Proof of single act sufficient Limitation Penalty 13. A registered chiropodist under this Act shall be en titled to demand from any person by whom he is consulted or employed and to recover as a debt in a court of competent jurisdiction, the proper charges for such consultation and employment or either of them. Offences and P'enalties. 14.

(1) A person not duly registered under the pro visions of this Act who holds himself out to be a registered chiropodist shall be guilty of an offence under this Act.

(2) No ,chiropodist shall advertise or hold himself out to the public as a specialist in chiropody without having re ceived from the registrar of the Association a certificate of having complied with such conditions precedent as to qualification or fitness as may be prescribed by the Associa tion. 15.

It shall be an offence for a person wilfully to procure or attempt to procure himself to be registered under this Act by making false or fraudulent representations or de clarations, either orally or in writing and a member of the Association knowingly aiding or assisting him therein shall be guilty of an offence under this Act. 16. In a prosecution under this Act it shall be sufficient proof of an offence under this Act if it is proved that the accused has committed a single act prohibited by this Act. 17. A prosecution under this Act shall be commenced within one year from the date of the alleged offence. 18.

(1) A person violating any of the provisions of this Act shall be guilty of an offence and liable on

summary conviction,- (

a) for a first offence to a penalty of not more than one hundred dollars and costs; (

b) for a second offence to a penalty of not more than two hundred dollars and costs; (

c) for a third or subsequent offence to imprisonment for a term not exceeding three months without the option of a fine.

(2) The onus of proof of registration under this Act shall be upon the person charged with any offence under this Act.

7 19. The following fees shall be payable to the Minister Fees. p.ayable f t 'fi t f If' t t' to Mmlster or a cer 1 ca e 0 approva or regIs ra 1On,- (

a) by every applicant, if exempt from examination . . ............. . $10.00 (

b) by e~ery. applicant required to write examInatIons .................................................. $50.00. 20. The Chi1"Opody Act, being

chapter 289 of the Revised Repeal Statutes of Alberta, 1942, is hereby repealed. 21. This Act shall come into force on the first day of ~otmfing III 0 orce July, 1952.

FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL .

An Act respecting the practice of Chiropody. Received and read the First time. Second time .................... . Third time .. RON. MR. GERHART. Title: 1952 (11th, 5th) Bill 47,

An Act respecting the practice of Chiropody

Document details

Collection	Alberta — Bills
Citation	L11 S5 6844
Type	bill
Volume / chapter	L11 S5 6844
Language	en
Format	json
Source	PROVINCIAL
Identifier	1450e6f75788a32ce4bbf70a65c1161d75708fea

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