Bill 9 (Legislature 10, Session 5)

L10 S5 7255

Alberta — Bills

BILL NO'. 9 O'f 1948.

An Act to' IncQrpO'rate Medical Services (Alberta) IncorpQrated. (Assented to , 1948.)

WHEREAS a petitiQn has been presented by the persons hereinafter named praying fDr the incDrpDration Df an associatiO'n with PO'wer to furnish prepaid medical, surgical and Dbstetrical care to groups, families and individuals as hereinafter set Qut, and it is' expedient to' grant the prayer O'f the said petition; Now therefO're His Majesty, by and with the advice and cO'nsent of the Legislative Assembly O'f the PrO'vince O'f Alberta, enacts as follO'ws: 1.

Clarence David JacQx, President and Managing Di rectQr, The Great Western Garment .00'., Ltd., EdmQntQn, Alberta; Johnathan Wheatley, Farmer~ ChancellQr, Alberta; Albert Ernest Archer, Physician and SurgeQn, La mO'nt, Alberta; Roy Llewellyn Anderson, Physician and SurgeQn, EdmO'ntO'n, Alberta: tDgether with such persO'ns as shall hereafter becO'me members of the cO'rporatiO'n hereby incorpO'rated, shall be and are hereby cO'nstituted and de clared to' be a body 00rporate and PO'litic under the name O'f "Medi'cal Services (Alberta) IncorpO'rated", and by that name shall have perpetual succession and a cO'mmon seal. 2.

In this Act, unless the cO'ntext otherwise requires, (a) "CO'rpO'ratiO'n" means Medical Services (Alberta) IncorpO'rated, as incO'rpO'rated by this Act; (b) "GrO'up Member" means any person, grO'up of per sons, firm, assO'ciation, cO'rpDration, O'rganization, 'body, city, tO'wn, village, muni~ipal district, O'r gO'V ernment branch or agency whose members, em plO'yees, residents O'r persons represented by such grO'up member O'r any O'f them are entitled, pursuant to' the provisiO'ns of a ,cO'ntract between the cO'rpora tiO'n and the group member, to' the benefits provided by the corporatiO'n . . (c) "Participating Member" means a member of the cO'rporatiO'n entitled, pursuant to' a ,cO'ntract between him and the cO'rporation or any group member and the oorpO'ratiO'n, to receive the benefits provided by the corporatiO'n fO'r himself as an individual Dr fO'r himself and his family.

2 (d) "Professional Member" means .a person who is. a member in good standing in the College of PhYSIC ians and Surgeons of the Province of Alberta and who is also a member of the corporation. 3. The Corporation shall have the following powers, objects and purposes, namely: (

a) To provide facilities whereby individu~ls. may, through their own or a group membershIp In the -corporation, obtain for themselves and their families adequate medical, surgical and obstetrical care on a pre ... payment basis in such manner as may best meet and serve the interests of those receiving and those giving the services. (

b) To enter into agreements with individuals, heads of families, gr,oup members, physicians and surgeons, whether or not professional members of the corpora tion, and the Government of the Province of Alberta, whereby medical, surgical and obstetrical care may be rendered to participating members of the cor poration and their families: Provided that nothing herein contained shall be deemed to enlarge the powers already ,possessed by any group member and provided further that no agreement entered into between the corporation and any town, village or municipal district shall have any force .or effect until it has been approved by the Lieutenant Governor in 'Council. (

c) To amalgamate upon request existing medical pre payment plans for which legally qualified medical pra,ctitioners of Alberta are now rendering service. (

d) To maintain effective collaboration with the College of Physicians and Surgeons of Alberta. (

e) To assist the Government of Alberta upon request, in strengthening the Health Services of the Prov ince and in the provision of medical, surgical, and obstetrical -care to specified groups. (/) To assist in develoning an informed public opinion in matters of health. (

g) To obtain and provide statistical and other informa tion, -counselor assistance in all matters pertaining to the provision of medical, surgical, and obstetrical care on a pre-payment basis. 4. The 'corporation shall have power,- (

a) to purchase, acquire, hold, possess, lease and enjoy any land and personal property necessary for the pUTpose of the corporation and the same or any part thereof from time to time to dispose of by sale, mortgage, le.ase, exchange or otherwise as the cor poration may deem proper or advisable.

.3 (

b) to sue or be sued, plead and be impleaded, contract and be ,contracted with in its said corporate name in any matter, a'ction or ,cause whatever. (

c) to invest all moneys of or in the possession of the corporation arising from or connected with its business or objects or any of them, in such securities, real or personal, as by any law or Statute in force in the Province, trustees may lawfully make invest ments. (

d) To borrow money in such amounts at such rates of interest and on such terms as may be deemed advis able in connection with its business or objects, and to make, enter into and execute all su,ch deeds, mortgages, agreements or instruments as may be deemed requisite or necessary, under the seal of the corporation and signed by such officers as may be designated by by-law. (

e) to draw, make, aecept and endorse, all bills 'Of ex change, cheques and promissory notes deemed necessary for the purp.oses of the ,corp.oration under the hands of such officers as may be designated by by-law, and it shall not be necessary to affix the cor poration's seal to any such bill, note, or cheque, but nothing herein contained shall authorize the cor p.oration to issue bills or notes payable to bearer, or intended to be circulated as money or as bills or notes of a bank. (/) to do all such other things as are incidental, or as may be deemed conducive to the attainment of the objects .of the ,corporation or any of them. 5.

Any profits or ·other aecretions to the funds of the corporation shall be used in furthering its objects and the payment of any dividend to its members is prohibited, pro vided that in the event of dissolution or winding-up of the corporati'On the assets of the corporation shall be used,- (

a) in the payment of any legal costs incurred in the winding-up or dissolution of the corporation; (

b) in the payment of all debts and liabilities of the corporation then due or to a'ccrue due; and (

c) in the re-payment to the members of the corpora tion the am,ount of any payments made by them in advance for medical, surgical, and obstetrical care which have not been rendered,- and the balance, if any, shall be distributed amongst the members of the corporation in proportion to the amounts paid by them for medical, surgical, and obstetrical care dur ing the last year preceding the date of dissolution or winding up, not including any amount paid in advance for such care which shall have been repaid as above ,provided. 6. Membership in the corporation shall consist of group members, participating members and professional members

4 and the directors may by by-law add to the classes of mem bership or divide any existing class into two or more classes and a person may be admitted to as many classes of member ship as he may ,be eligible for under the by-laws. 7.-

(1) The business affairs and property of ~he cor poration shall be administered by the board of dIrectors, comprising five members, one of whom shall be a profes sional member elected by the professional members, one of whom shall ,be elected by and represent the group mem bers, two of whom shall be elected by and represent the parti,cipating members, and until such time .a~ the:r:,e may be an additional class of members, the remaInIng dIrector shall be elected by all of the members of the corporation present at the annual meeting.

(2) The number of directors may be increased by by-law so that each class of membership may be represented by one director.

(3) Until other directors have been elected, the persons mentioned by name in the first

section of this Act are hereby constituted provisional directors of the corporation and shall hold office until the first general meeting of the corporation.

(4) At the first general meeting of the corporation and at each annual meeting thereafter, a board of directors shall be elected in such Inanner as may be provided by the by-laws subject to' the provisions of subsections (1) an.d (2) of this section. 8.

It shall be lawful for the board of directors to make by-laws for the government and proper administration of the property, affairs, business and interests of the corpora tion and for the election .or appointment and retirement or remO'val of directors and officers of the corporation and generally for the government and management of the affairs of the corporation and the carrying .out of its objects, and to repeal, alter and amend the same from time to time including, - (

a) the qualifications for and conditions of membership in the corporation; (

b) the commencement of business of the corporation and the date of the first and subsequent annual meetings; (

c) the representation and voting powers of the mem bers, and particularly of the group members. (

d) the m~thod of giving notice, by advertisement or otherwIse, of an annual or other meeting of the members of thecorporatiO'n ; (

e) the amount of the enrolment fees and annual fees p,ayable by the differ~nt classes of members respec tIvely, and the collectIon of said fees' ,

5 (/) the payment to the pro.fessio.nal members and other Physicians and Surgeons of approved accounts for services rendered to. persons entitled to benefits pro vided by the ,corporation; (

g) the conditions under which a member shall cease to be a member o.r be suspended from membership and as to the reinstatement of any such member and the inclusion of a member in a different class of membership from that in which he was previously in,cluded; (

h) the benefits to which a member is entitled for him self or for those persons included in the class which he represents; (

i) the procedure at meetings of the corporation or board of directors including a provision as to the necessary quorum of members at any such meeting; (

j) the fixing of fees payable to each director for attend ing meetings of the board, such fees not to exceed $25.00 for each day which the director is so engaged or is absent from his home in connection therewith, together with his necessary expenses; (

k) the constitution of committees and prescribing the duties thereof; (

l) the keeping of accounts and auditing of same; (

m) the establishment of branch offices at places other than the place where the head offi·ce is situated. 9. No member of the corporation shall be in any way liable, accountable or chargeable for any debt, claim, or de mand due or payable by, or for any act .or default of the cor poration, provided that no professional member or other Physician or S urgeo.n shall be relieved by the provisions of this secti.on from any claim for damages or otherwise to whkh he would be liable if this A·ct had not been passed. 1.0.

The corporation shall not be liable for any Act or omission by any professio.nal member or other Physician or Surgeon arising out of or in connection with the treatment of any person entitled to the benefits provided by the corporation. 1.1.. The head office of .the corporation shall be at the City of Edmonton or at such other pla~e in the Province as the board of directors may decide. 1.2;. Notwithstanding anything contained in The Alberta Insurance Act, being

chapter 201 of the Revised Statutes of Alberta 1942, as amended, the said corporation shall not be deemed' to be undertaking insurance or carrying on the business of insurance in furnishing pre-paid medical, sur gical, and obstetrical care to its members.

6 13 ... The- provisions of sections 117 and 255 of The Com panw8 Act shall not apply to the corporatinn, and sections 105 to 107 inelusive shall apply. 14. This Act shall come into force on the day upon which it is assented to.

FIFTH SESSION TENT .. I LEGISLATURE 12 GEORGE VI 1948 BILL

An Act to Incorporate Medical Services (AI berta ) Incorporated. Received and read the First time. Second time .................................. . Third time ................................... . DR. MCPHERSON. EDMONTON: A. Shnitlta, King's Printer 11148 Title: 1948 (10th, 5th) Bill 9,

An Act to Incorporate Medical Services (Alberta) Incorporated

Document details

Collection	Alberta — Bills
Citation	L10 S5 7255
Type	bill
Volume / chapter	L10 S5 7255
Language	en
Format	json
Source	PROVINCIAL
Identifier	2b483fc26dff159267a424141ba6571df4a27922

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