Bill 75 (Legislature 2, Session 2)

L2 S2 10873

Alberta — Bills

(3) to time think proper: the annual general meeting shall be held on the second Tuesd~ in the month of July in each year, or such other d~ near the r~to as shall be determined by the Council; and further upon the recommendation in writi~g of six members of the association entitled to vote requesting the Council to convene a special general meeting for the purpose specified in the requisition: such meeting shall be convened b,y the president within such reasonable time as the council shall see fit--they first giving such notice thereof as may be required by the by-laws o:f the corporation and the purpose for which the same is convened. 8.

The per son; qualified to vote at elections of mem- bers of the Council shall be s.Dh per sons as are at that time members of ·the Assoa:i.ation, and the time, place and manner of such elections shall be 1 aid down by the by-laws of the corporation subject to the provisions of this Act. 9. No person shall be eligible to be elected a member of the Council unless he is registe :red in accordance with the provisions of this Act, -and unless he resides within the Province of Alberta and carries on th~ business of a Pharmac eutical Chemi at within the Province of Albert a. 10.

The charge and conduct or elections shall be under the management of the regi str ar-tre a>urer of the Council. 11. Every per son entitled to vote m~ vote for as many members as there are vao::ancies to be filled. 12. Such votes ll:hall be given by closed ballots to be issued by the registrar-treasurer at least twenty d~s prior to the d~ of the election, and shall be in For.m "A" in

(4) Schedule I hereto or t·o the like effect, and signed by the voter and delivered to'·the registrar-treasurer on any of' the twenty deys preceding the election. Any ball.a:ts mailed to the said registrar-treasurer by post in time to reach~him be fore the date of' election shall. be deemed delivered to him. 13. The three or :t'our candidates as the case ma;y be who have the highest number of' votes shall be the members o f' the council for the two years following the date of such election and until their successors are e~ected or appointed. 14.

Any person entitled to vote at any election shall be entitled to be pre sent at the openi.n g of the baJl.lots at such election. 15.

In case of an equality of' votes between two or more persons which leaves the election of one or more of the mem bers of the Council undecided, the registrar shall in the pres7 ence of the scrutineers forthwith put into a box a number of papers with the nanes of the candidates having such equality of votes w~~tten thereon one for each candidate,- and the registrar in the presence of' the scrutineers shall draw by A chance from such ballot box one or more of such ballot pap- era sufficient to make up the required number, and the per sons whose names are upon such papers so drcwn shall be such members. 16.

If' the Association at any time desire to divide the Province into electoral divisions for the purpose o,f election of members of the Council under this Act, the Association mey, by by-law, make such division and make provision for the holding of elections in accordance ther&:with varying if nee-

( 5) essary the provisions regarding elections ab01e set forth. 17. The Council of the Association for the time being shall at their :first mee.ting after their election or appoint ment elect :from among their members a President, Vice-Pres ident, and a Regi etrar-Tre asurer, and such Regi str ar-T re asurer need not be a member of the Council nor a member cl' the Asao c- i at ion. 1&.

The Council of the Associ.ation shall have the sole con tro 1 and management o:r' the re aJ. and per sonaJ. property of such Association subject to the by-laws thereof; Provided aJ.ways that no sale or mortgaw of any such property shall be made except with the approbation and con- currence of a generc:U. meeti!lg o:L. :.he r.emcers of the Assoc- i ation specially called for such purpose. ~k£ . 19. ~ Council shaJL.l have power to :fix such :fees and make such by-laws, rules and regulations not inconsistent with the provisions of this Act as they shall deem necessary :for carrying out the.objecta o:f the Association, and by such qy laws may particularly, and in addition to any other powers they ma;y have, fix the examination, registration or annu ai. fees to be paid by apprentices or members of the Association, and may provide that the annual :fees of non-resident or non- practicing members shall be on a different baf?isto thore of active members, and may pro vi de that the annu a1. :fee of. any member which remains unpaid for a period to be specified in such by-lavs, shall on the expiration of such period be in- creased to an amount specified in such by-law and may provide for the depositing and disbur~ment of the funds of the Assoc-

( 6) iation, and may provide that all active members shall be supplied with, and shall keep expo sed in their pl a::es of bus iness certificates showing that their annual fees for the yeax then current are paid, and mey- provide for the strik ing off the register or suspension from practice or business as a member of the Association of any member for non-p~ent of fees due to the Associ at ion and for the reinstatement of such member upon such terms, as the Council think fit, and mey from time to time amend, revoke or substitute other.by-laws in their stead; and such fees, b.Y-1aws, rules and regulations may also be amended, altered or repealed in whole or in part at any annual general. meeting of the Asaociatiwn provided previous notice be given of the intention so to do, such notice to be gi '.en in accordance with the by-laws in ·force for the time being. 20.

It shall be the duty of' the Registrar- to m Bke and keep a correct registEr in accordance with the provisions hereof' of' all per sons who are regi stered under...-1provi sions hereof, and to enter their qualifications opposite the names of' all. registered persons who shal.l have f'il.ed a statement of' such and f'rom time to time make the necessaxy alterations in the address of' persoooso regi ~ered. 21.

Every perso~ before he i s t ak:en as an apprentice by a phaxmaceutical chemist shall 11roduce satisfactory evidence of' good moral chaxacter.and pass a preliminaxy examination or otherwise satisfy the Council. of' his proficiency, after which he shall be registered as a -"certified apprenti <::e."

(7) ·Provided, however, that_ it shall not be necessary for any person who has been engaged as apprentice to any member of the Pharmaceutical Association of the North- 1.Vest Territories prior to this Act be coming law, to furnish evidence of educational profi c iency; but lfpOn tre Registrar"-Trereurer being satisfied byFStat utory Declaration of the em~~oyer that such apprentice is entitled to be registered, he shal.l regist~ such apprentice as a •cert ified apprentice", and any time served by such apprentice prior to . such registration shall be counted as a part of his actual. service. 22.

On p~ent of the prescribed fees the following may be registered as members of The Alberta Pharmaceutical Association. (

a) Any person who complies with the provisions of this Act as to registration and passex the examinations herein prescribed. (

b) All persons who are members of the Pharmaceutical. Asso c i at ion of the North-West Territories and who comply with the by laws of The Alberta Pharmaceutical. Association. (

c) All persons approved of by the Council of the As so cci 11- tion who hold diplomas from the Pharmaceutical Association of Great Bri ti an or crertifi cates from any Pharmaceutical College in the Dom inion of Canada or elsewhere may be registered as members of ~he Albert a Pharmaceutical Associ at ion without the examinations pro vided by this Act, provided such Association or College accepts without further examination certificates of the Alberta Pharmac eutical Associ at ion.

( eJ :furnishes to the council satisfactory evidenoe o:f identific ation and passes an exa.mfnation satisfactory to and set by the Council o:f the Assocf~tion on subjects ap~rt aining to the business of' a Pharmaceutical Chemist. 23.

No nsne shall be entered in the register except of' persons authorized b,y this Act to be registered, nor unless the Registrar-Treasurer is sati si'ied b,y proper evidence that the person claiming is entitled to be registered; and any appeal i'rom the. decision of' the Registrar-Treasurer may be 'decided by the Council, and any entry proved to the satisf- action of the Council to have been fraudulently or incorrect ly made may be erased from and amended in the register by order of the Co unci 1. 24. Upon any person being registered as aforesaid he shall be entitled to receive a certificate in Form B in

Schedule I hereto, or to the like effect, under the corpor ate seal. o:f the Association and signed by the president and registrar-trereurer, and shall be entitled to receive a simi lar certii'i ca.te annually upon the payment o:f a f'ee to be de terminEd by the Council. 25.

E-.ery candidate :for exanination shall produ c:e evidence that he has served at least four years in a drug store, and shall pass an exmnin ati.on which shall embrace, chemistry, pharmacy, botany, materia medica, reading and translating prescriptions and practical dispensing, and after passing this examination and producing the required certificates shall be registered a pharmaceutical che!llist. 26. The examination referred to shall take p1 ace and

(9) be regulated by such rules, regulations or U,y-laws as may be in :rorce at th.e time such examination is held, and a11 can didates for the same shall pay such :re es as mey be imposed by any such rules, regulations or by-laws. 27. The Council o:r the Association sha11 have the auth- ority, notltthstanding anything contained in tJ;Us Act, to pre scribe the subjects upon which candidates :ror competency sha11 be examined, and to establish a scale o:r :reesl to b~ paid by persons app Jying :ror examination. 28.

Any per son registered under this Act, and no other person, shall be entitled to be called a pharmaceutical. chemist and no person except a pha=aceuti cal chemist as af"oresaid or his employee or employees sha1l be authorized to compo~nd pre scriptions o:r legally authorized medi eel practitioners; but no person shall be entitled to any o:r the privileges o:r a pharmac~uticaJ. chemist." or member o :r the Association~ who is in default in regard to any :rees payable by him by virtue of this Act or by any by-law o:r the Association. 29.

Upon a resolution of the Council being passed de- claring that any person in consequence of his conviction :ror aoy o:r:rence or ,_o:r:rences as:Unst this Act is in the opinion of the Council un:ri. t to be in the Register under this Act. The Lieutenant -Governor may direct that the name o:r such person sha11 be erased :from t .he register, and it sha11 be the duty of t be Regi strar-Tre asurer to erase the same a ccadingly. 30. No person shall sell or keep open shop :ror retail ing, dispensing or compolilnding ~arcy- o:r the poisons, drugs or medicines, mentioned in Schedul.e "A" to this Act, or assume or

(io) .use the title o:f Chemist and Tiruggist, or Chemist or Tiruggist, or Pharmaceist, or Apothecary, or Iispensing Chemist, or Dis pensing Druggist, or any sign, title or advertisement imply ing or calculated to lead people t-o infer that he is ;egi ster ... ed under thi a Act in any part of the Province of A1 bert a unless such person is registered under this Act and unless such person has taken out a certificate under the provisions of this Act, :for the time during which he is selling ·or keep ing open shop :for ~etailing, dispensing or compounding poisons or assuming or ~]such title.

And no company incorporated u-nder a:riy of the Acts in force' regulating Joint Stock Com panies shall sell or keep open shop for retailing, dispensing or compounding poisons, drugs or medicines, as aforesaid, or sell or attempt to sell any o:f the articles mentioned in

Schedule "A" to this Act, unless a majority of the Tiirectors thereof are duly registered as Pharma--ceutical Chemists or Chemists and Druggists under this Act, and unless one of such directors shall person ally man~ and conduct such shop, encl shall have his name and certific&ate posted up in a conspic uous position in the shop, and no person not so registered e"s a pharmaceutical chemist or chemist and druggist shall in any wey interfere with or take

part in the rr.anagement and conduct of such shop, and cnything which would be an offence under this Act if committed by an individual shall be an off ence by e ~h of such registered directors, end by such com pany, and the prosecution of either of them shall not be a bar to the prosecution of the other. 3J.. The several.

article E namec or described in

Schedule

(11) "A" shall be deemed to be p~isons within the meaning of this .Act, and the Council of 2:~.:.JU.berta Pharmaceutical Association he:reinbef'ore mentioned m,.,. .. 4-rom ti t t · ~ • me o ~me by resolution de clare that any

article in· the resolutions named ought to be " deemed a poi son with the me.aning of' this Act, and thereupon the said Council shall submit the same ; for the approval of the Lieutenant-Governor in Counc.il, d ·~ an l..L ·approval is given then such resolution and approval shall be. ad·vertised in the Alberta Gazette, and on the expiration of· one month f'rom the -advertise- ment the

article named in the resolution :32A. No person shall sell by retail, f'urni sh or dispose of alkaloid, cocaine or its salts or alpha or beta cocaine or their salts or an:y admixture of' cocaine or eucaine except upon the writ ten prescription of' a legally qualified medical practitioner, which sh"ll.l be retainEd by the perron who sells., furnished or disposes of the same and such prescription shall not be filled more than once, and no copy thereof shall be taken by or given to any person. 32:8.

Alkaloid cocaine or its salts and alpha and beta eucaine or their s.alts shall not be sold or disposed of b¥ wholesale except upon the written order o:f a pharmaceutical. chemist a legally qual.if'ied medical. practitioner, a licensed veterinary surgeon or a li cent! ate of dental surgery and unless the person so selling or disposing by wholesale affixes or causes to be af'f'ixed to the bottle, box, vessel or package containing the articles sold and also upon the outer wrapper of' the pck age as put up by the manufacturer, a label distinctly displaying the name and qua ntity of cocaine or its salts or alpha or beta eucaine of its salts, sold or disposed of and the word ~poison• with the name, address and place of' buaines!'l.,of" such pert~on. al1 printed in red

q12) ·part ot:

Schedule "..li.", either by wholdeale or retcil, unless the box, bottle, vessel, wrapper or cover in which the poison is contained is distinctly labelled with the name ot: the art icle and the word "poi son, n and it: sold by ret ail then also with the nane and address of' the proprietor ot: the establish- ment in which such poison is sold; and no person shall sell my poison mentioned in the t:irst part ot:

Schedule "A" to any person unknown to the seller unless introduced ~ some person known to the sellor, and on e·ve:ry sale ot: such

article the :person actually selling the same shall, bet:ore delivery, make an entry in a book to be kept t:or that purpose, in the t:orm set t:o~th in

Schedule "b" to this Act., stating the date ot: ths sale, the name end address ot: the purcha.sa-, the name and quantity ot: the

article sold, the purpose t:or which it is stated by the :purchaser to be required, and the name ot: the :person, it: any, who introdu~d him, to which entry the signature ot: the :purchaser shall be af't:i :xed. 35. In any prosecution under this Act the onus shall be up en the det:endant to pro-ve that he is entitled to sell or keep open shop t:or compounding medicines or retailing poisons, and to assume the titl.e ot: chemist and druggist, or other title m mtioned in

Section cJt: this Act, and to :prove that any unregistered person who personally ·takes any part whatever in sel.ling or dispensing drugs or medicines is authorized by this act so to do, end the :production ot: a certit:icate purporting to be under.the hcnd ot: the Registrar, and under the seal ot: the -G&J.~e.,.-, showing that azzy- :person named therein is entitled as aforesaid shall be pri:rr.a :f'"acie evidence that such person is ao entitled.

( 13) 36. A certificate under the hand of the ~ regi st:r,ar-tre a surer and under the se a1. of the Pharmaceutical Association to the effect that any :person, firm or incorpor- d d r this Act shall a. ted com:p any is, or 1 s not regis t ere un re S uch fact without proof of the sigbe :prima facie evidence of Or without proof of the fact the.'lt>. nature to such certificate_ the person signing the same occupies 'the position which he purports to occupy.· 37.

Upon the deceare of any person l.egall.y author .... .. --~~-oo r.-E' .nnArftis.t ... .and ~ Nothing in this Act contained shall ext end to or in terfere with the privil.eges conferred upon legal~ qualified med ical. practitioners by The Albert a Medical. Act.

Provided that where such medical practitioner desires to carry on the business of a phat"m ~ceuti caJ. chemist as cfefined by this Act, he shall not be re quired to :pass the exanination prescribed by the College of Phar macy, but he_shal.l register as aphar:-;1a.ceutical chemist andcomply with all other requirements of this Act and nothing in this Act cont a!, ned shall prevent any :person whatsoever from selling goods of any kind to any person legally authorized to carry on the bus- iness of' an Apothecary, chemist or druggist, or the :profession of' a doctor Of medicine, :physician or surgeon, or veterinary surgeon, or shall prevent the members of such ~rof'~~sion. supplyiq~ to ~h~i~ :patients such medicine as they mey require, or shall in~erfere with /\ the business of wholesale dealers in supplying :poisons or other r-1rt i cl ~~ ; n t.'hA n.,..4; -. ..-...... ...... ..... ~ • ._............ ..... -eo ·-~- Title: 1910 (2nd, 2nd) Bill 75,

An Act respecting Chemists and Druggists

Document details

Collection	Alberta — Bills
Citation	L2 S2 10873
Type	bill
Volume / chapter	L2 S2 10873
Language	en
Format	json
Source	PROVINCIAL
Identifier	244d20606d12c355d09a028e1c1696150c7bdb31

Source file is stored in the law ingest library (json).