Bill 52 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 52 Optometry Profession Act (Legislature 20, Session 1)

L20 S1 3672

Alberta — Bills

1983 BILL 52 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 52 OPTOMETRY PROFESSION ACT HON. MR. KING First Reading Second Reading ^j. Committee ofthe Whole «. Third Reading Royal Assent

BiU 52 BILL 52 1983 OPTOMETRY PROFESSION ACT (Assented to , 1983) TABLE OF CONTENTS

Definitions 1 PART1 SCOPE OF PRACTICE Exclusive scope of practice and use of name 2 AppUcation of the Act 3 Injunction 4

PART 2 ASSOCIATION Alberta Association of Optometrists 5 Council 6 Registrar 7 Council membership and election of ofl&cers 8

PART 3 REGULATIONS AND BY-LAWS Regulations 9 By-laws 10

PART 4 REGISTRATION OF MEMBERS Registers 11 Registration Committee 12 Registrationof registered optometrist 13 Review by Council 14 Certificate of registration 15 Licence 16 Registration of professional corporation 17 Termination of permit 1 ^ LiabiUty of shareholders and employees 19 Proxy votes 20 Suspension and canceUation 21 List of registrants 22 CanceUation by request 23 Cancellation by default 24 1

PARTS PRACTICE REVIEW BOARD Practice Review Board 25 Powers ofthe Practice Review Board 26 Referral to Discipline Committee 27

PART 6 DISCIPLINE

Definitions 28 Discipline Committee 29 UnskiUed or improfessional conduct 30 Complaints 31 Investigation 32 Report of preUminary investigation 33 Referral to the Discipline Committee 34 Appeal fi-om decision of Registrar 35 Appeal to the Court of Queen's Bench 36 Suspension pending hearing 37 Notice of hearing 38 Further investigation 39 Evidence before Committee 40 Witness 41 Enforcement of attendance and production of documents 42 Failure to attend or give evidence 43 Hearing in absence of a party 44 Findings of Discipline Committee 45 Orders of Discipline Committee 46 Payment of costs and fine 47 Written decision 48 Service of decision 49 Stay of decision of Discipline Committee 50 Appeal to Council 51 Notice and hearing of appeal 52 Appeal on record 53 CoimcU's powers on appeal 54 Stay of decision of Council 55 AppealtoCourt of Appeal 56 Appeal on the record 57 Power of Court on appeal 58 Misrepresentation of status 59 CanceUation of falsely obtained registration 60 Reinstatement of registration 61 Representation bycoimsel 62

PART 7 GENERAL LiabiUty of authorized entity 63 Certificate of Registrar 64 Protection from legal action 65 Service of documents 66 Municipal hcence 67 Assessment of optometric faciUties 68 PARTS PROHIBITIONS AND PENALTIES Practice prohibitions 69 Penalties 70 Onus of proof 71 Proof of the practice of optometry 72

PART 9 TRANSITIONAL Registration continued 73 CouncU continued 74 AppUcation for registration continued 75 Regulations 75 Discipline proceedings continued 77

PART 10 CONSEQUENTIAL Amends RSA 1980 cA-24 78 Amends SA 1981 cB-15 79 Amends RSA 1980 cC-20 80 Amends RSA 1980 cL-13 81 Amends RSA 1980 cL-15 82 Amends RSA 1980 cO-8 83 Repeals RSA 1980 cO-9 84 Coming into force 85 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows:

Definitions 1 In this Act, (a) "Association" means The Alberta Association of Optometr ists; (b) "authorized entity" means a registered optometrist, a profes sional corporation and a member of a class or category of prac tising members estabUshed under the regulations; (c) "CouncU" means the CouncU ofthe Association; (d) "Discipline Committee" means the Discipline Committee es tabUshed tmder this Act; (e) "Minister" means the member of the Executive CouncU charged with the administration of this Act; (f) "optometric facihty" means a place in which the practice of optometry is carried on, including the premises of a retaU mer chant; (g) "practice of optometry" means (

i) the exammation of the human eye, its related structures and the human vision system in order to measure, assess, diagnose or refer for consultation or treatment any conditions ofthe human eye, its related structures and the human vision system; (

u) the treatment of conditions ofthe human eye, its related structures and the human vision system, through the pre scribing and dispensing of ophthalmic appUances or other aids, the prescribing and provision of orthoptics or perceptual

training and the offering of advice, consultation or counsell ing; (h) "Practice Review Board" means the Practice Review Boarc estabUshed under

section 25; (i) "professional corporation" means a corporation that holds a permit under this Act; (j) "registered optometrist" means an individual who holds a certificate of registration and a Ucence under this Act; (k) "Registrar" means the Registrar ofthe Association appointed under

section 7; (1) "Registration Committee" means the Registration Committee estabUshed under

section 12. PARTI SCOPE OF PRACTICE Exclusive scope of practice and use of name Application of the Act 2(1) Except as otherwise provided in this Act, no person except an authorized entity shaU engage in the practice of optometry.

(2) No person except an authorized entity shaU (

a) use the name optometrist or any title, description, abbrevia tion, letter or symbol representing that name alone or in comhi- nation with any other name, title, description, abbreviation, letter or symbol that represents expressly or by impUcation that he is entitled to practise optometry, or (

b) represent or hold out, expressly or by impUcation, that he is entitled to engage in the practice of optometry or is an authorized entity. 3(1) Nothing in this Act prevents a person who is not an authorized entity fi-om giving necessary aid in an isolated case of urgent need or vital necessity if the aid is given without hire, gain or hope of reward.

(2) Nothing m this Act appUes to or affects the practice of any profes sion or occupation by any person practising the same under the au thority of any other Act.

(3) Nothing in this Act prevents (

a) the practice of optometry by a retaU merchant or the carrying on of an optical department at the retaU merchant's ordinary place of business, if the practice and the optical department are imder the supervision and control of a registered optometrist or a physician, or (

b) the sale of protective glasses for industrial purposes, coloured glasses, goggles or magnifying glasses, none of which are sold or designed for the reUef, prevention or correction of visual or ocu lar anomaUes of the eye.

Injunction

(4) An authorized entity is not authorized by the operation of this

section to engage in the practice of optometry beyond the scope of the practice specified under this Act in respect of that authorized entity. 4 The Court of Queen's Bench, on appUcation by the CoimcU by way of originating notice, may grant an injunction enjoming any person from doing any act that contravenes

section 2, notwithstand ing any penalty that may be provided by this Act in respect of that contravention.

PART 2 ASSOCIATION Alberta Association of Optometrists Council Registrar 5(1) The Alberta Optometric Association is continued as a corpo ration under the name "The Alberta Association of Optometrists".

(2) The Association has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

(3) A registered optometrist is a member of the Association.

(4) Subject to the Alberta Health Care Insurance Act. the Association may enter into an agreement with any person, govemment or other authority in respect ofthe provision of optometric services and may require an authorized entity to comply with and perform any or all ofthe terms ofthe agreement. 6(1) There is hereby established a goveming body ofthe Association caUed the CouncU.

(2) The CoimcU shaU manage and conduct the business and affairs of the Association and exercise the rights, powers and privileges of the Association in the name and on behalf of the Association.

(3) The CouncU shaU submit to the Minister an annual report on those matters of the business and affairs of the Association that the Minister requires in a form satisfactory to him.

(4) The Minister shaU, on receipt of the annual report of the Asso ciation, lay it before the Legislative Assembly if it is then sitting and, if it is not then sitting, within 15 days after the commencement of the next ensuing sitting. 7 The CouncU shaU appomt an individual as Registrar for the pur poses of this Act. Council 8(1) The CouncU shaU consist of membership and election of . i_ *u * officers (

a) at least 9 registered optometrists or a greater numl)er that may be prescribed by the by-laws, each of whom shall be elected by and from among registered optometrists, at the time, in the manner and for the period provided by the by-laws, and (

b) ex officio members, if any, appointed by the CouncU.

(2) An ex officio member does not have voting rights on the CouncU.

PART 3 REGULATIONS AND BY-LAWS Regulations 9(1) Thc CouucU may make regulations (

a) respecting the academic quaUfications of and training require ments for apphcants for registration as registered optometrists; (

b) estabUshing conditions respecting the registration of an ap pUcant referred to in clause (a), including residence and character requirements; (

c) providing for the evaluation by the Registration Committee, the Universities Co-ordinating CouncU or the CouncU ofthe ac ademic qualifications of and training requirements for apphcants for registration as registered optometrists, and the examination of those appUcants with respect to those quahfications or require ments; (

d) respecting the estabUshment of categories of students, condi tions respecting the registration of students and Umitations on the practice of optometry by students; (

e) respecting standards for the practice of optometry; (

f) respecting the treatment of conditions of the human eye, its related stmctures and the human vision system, the prescribing and dispensing of ophthalmic appUances or other aids, the pre scribing and provision of orthoptics or perceptual training and the offering of advice, consultation or counselling; (

g) estabUshing classes or categories of members of the Associa tion other than registered optometrists that may engage in the practice of optometry and prescribing the privUeges and the ob- hgations ofthe classes or categories so estabUshed; (

h) prescribing restrictions, conditions or Umitations on the prac tice of optometry by any class or category of membership ofthe Association other than a registered optometrist or a professional corporation; (

i) estabhshing and providing for the pubUshing of a code of ethics respecting the practice of optometry, the maintenance of the dignity and honour of the profession of optometry and die protection ofthe pubhc interest; (

j) requiring authorized entities or a class of authorized entities to carry professional habiUty insurance and goveming the mmi- mum coverage required to be carried; (

k) prescribing the number of voting members that constitutes a quorum ofthe CouncU, the Practice Review Board, the Registra tion Committee or the DiscipUne Committee; (1) respectmg the procedures for hearings, preUminary investiga tions, inquiries and reviews by the DiscipUne Committee, the Practice Review Board, the Registration Committee and the

CouncU m matters relating to the conduct or practice of author ized entities, whether or not a complaint has been made; (

m) respecting inquiries and reviews of the practice of an au thorized entity by the Practice Review Board or a person author ized by that Board; (

n) respecting registration, the review of complaints, disciplinary matters and the practice of optometry generaUy; (

o) respecting the estabUshment and operation by the CouncU of a compulsory continuing education program for registered opto metrists; (

p) goveming the pubUcation of a notice of the suspension or canceUation of the registration of an authorized entity, in a form and manner prescribed by the CouncU; (

q) respecting advertising by authorized entities; (

r) respecting committees of inquiry for reinstatement under

Part 6; (

s) respecting appUcations for reinstatement, including the time within which they may be made; (

t) respecting the membership and operation of an Optometric Facihty Assessment Committee; (

u) respecting the estabUshment, operation, standards and pro cedures of optometric faciUties.

(2) A regulation under subsection (1) does not come into force unless it has been approved by (

a) a majority ofthe registered optometrists (

i) present and voting at a general meeting, or (

U) voting in a maU vote conducted in accordaiice with by laws, and (

b) the Lieutenant Govemor in CouncU. By-laws 10(1) The CouncU may make by-laws (

a) for the govemment of the Association and the management and conduct of its affairs; (

b) determining the location ofthe head office ofthe Association; (

c) respecting an official seal ofthe Association; (

d) respecting the calling of and conduct of meetings of the As sociation and the CouncU;

(

e) respecting the nomination, election, number and term of of fice of CoimcU members and officers of the Association and the appointment of individuals as acting or ex officio members ofthe CouncU, and prescribing their powers, duties and functions; (

f) goveming, subject to this Act, the appointment of members of the Discipline Committee, the Registration Committee, the Practice Review Board and the Optometric FaciUty Assessment Committee, the designation of chairman and vice-chairman, the appointment of acting or altemate members and the procedures for filling vacancies on a Committee or the Board and the ap pointment of ex officio members of a Committee or the Board and prescribing their powers, duties and functions; (

g) goveming the estabUshment, operation and proceedmgs of boards and committees, the appointment of members and of act ing members and procedures for filUng vacancies on boards and committees; (

h) providing for the division of the Province into electoral dis tricts and prescribing the number of CouncU members to be elected from each district; (

i) estabUshing classes or categories of membership in the Asso ciation other than registered optometrists and classes or cate gories estabUshed under the regulations, and prescribing the priv Ueges and obUgations ofthe classes or categories of memberships so estabUshed; 0) providing for the appointment of an Acting Registrar who has all ofthe powers and can perform aU ofthe duties ofthe Registrar under this Act, the regulations and the by-laws when the Regis trar is absent or unable to act or when there is a vacancy in the office of Registrar, (

k) prescribing the number of members that constitutes a quo- mm at meetings ofthe Association; (1) providing for the delegation of any power or duty of the CouncU under the Act, regulations or by-laws, with or without conditions, except the power to amend, repeal or suspend any by-law ofthe CouncU; (

m) prescribing fees and expenses payable to a member of the Coimcil and of committees and boards estabUshed under the Act, regulations or by-laws for attending to the busmess ofthe Asso ciation; (

n) goveming the names under which authorized entities may engage m the practice of optometry; (

o) respecting the estabUshment of and payment of sums of money for scholarships, feUowships and any other educational mcentive or benefit program that the CouncU considers appropriate; (

p) respecting the fixing of fees, dues and levies payable to the Association;

(

q) respectmg the costs payable by any person on the conclusion of a hearing or review by the Practice Review Board or under

Part 6; (

r) respecting the estabUshment, content and maintenance of reg isters and records of authorized entities and of records of other classes or categories of membership to be kept by the Registrar, (

s) respecting the removal from the registers and records of any memorandum or entry made in them under this Act, the regula tions or the by-laws; (

t) goveming the pubUcation of the names of appUcants for reg istration by the Registration Committee; (

u) requiring authorized entities to maintain a business address in Alberta and to inform the Registrar in writing of that address and of any change in that address forthwith after the change occurs; (

v) authorizing the CouncU to prescribe the form of a certificate of registration, an annual Ucence, a permit and any other form or document that may be required for the purposes of this Act, the regulations or the by-laws; (

w) respecting the holding of votes by maU in respect of any matter relating to the Association.

(2) A by-law under subsection (1) does not come into force unless it has been approved by a majority ofthe registered optometrists (

a) present and voting at a general meeting, or (

b) voting in a maU vote conducted in accordance with by-laws.

(3) The Regulations Act does not apply to by-laws ofthe Association.

PART 4 REGISTRATION OF MEMBERS Registers 11(1) The Registrar shaU maintain, in accordance with the by-laws and subject to the direction ofthe CoimcU, the foUowing registers: (

a) a register of registered optometrists; (

b) a register of professional corporations; (

c) a register of a class or category of members estabUshed under the regulations; (

d) any other register or record prescribed by the by-laws.

(2) The Registrar shaU enter in the appropriate register the name of a person (

a) whose registration to engage in the practice of optometry has been approved by the CouncU, the Registration Committee or the Registrar, as the case may be, and 9

Registration Committee Re^stration of registered optometrist (

b) who has paid the fee prescribed in the by-laws. 12(1) There is hereby estabUshed a Registration Committee consist ing of not fewer than 5 members as foUows: (

a) the CoimcU shaU appoint at least 4 registered optometrists who, in the opinion ofthe CouncU, have a combination of knowl edge and experience suitable for determining the academic qual ifications and training requirements necessary for a person to engage in the practice of optometry, and (

b) the Minister shaU appoint 1 member ofthe pubhc nommated by the CouncU who is not a registered optometrist.

(2) If the CoimcU faUs, within a reasonable period of time after being requested to do so by the Minister, to make a nomination for the purposes of subsection (l)(b), the Minister may appoint a member of the pubUc to the Registration Committee without the CouncUvs nom ination.

(3) The Minister may pay to the member of the Registration Com mittee appointed under subsection (l)(

b) travelling and Uving ex penses incurred by that member for attendance at a hearing of the Committee away fi"om his usual place of residence and fees in an amoimt prescribed by the Minister.

(4) The Minister may, after consultation with the CoimcU, revoke the appointment of the member of the Registration Committee ap pointed under subsection (l)(b).

(5) The powers, duties and operations ofthe Registration Committee under this Act, the regulations and by-laws are not affected by (

a) the fact that no member ofthe pubUc is appointed as a mem ber ofthe Committee under subsection (l)(b), (

b) the revocation under subsection (4) of the appointment of a member ofthe pubhc, or (

c) the resignation as a member of the Committee of a member of the pubhc.

(6) The faUure of a member of the pubhc appointed under subsec tion (l)(

b) to attend a meeting ofthe Committee shaU not be con- stmed as affecting or restrictmg the Committee fi'om exercismg any powers or performing any duties under this Act, the regulations and the by-laws at that meeting. 13(1) The Registration Conunittee shaU, in accordance with Uiis Part, the regulations and the by-laws, consider an appUcation for the reg istration ofthe appUcant as a registered optometrist, and may (

a) approve the registration, (

b) refiise to approve the registration, or (

c) defer the approval of registration untU it is satisfied that the appUcant has obtamed fiirther experience as reqmred by the com mittee. 10

(2) The Registrar shaU cause a written notice of aU appUcations for registration to be pubUshed to registered optometrists in the manner prescribed in the by-laws.

(3) A registered optometrist may, within 15 days of pubUcation of a notice of appUcation under subsection (2), request the Registration Committee to consider further evidence conceming the application by serving on the Registrar a notice in writing setting out the reasons why, in his opinion, the appUcation for registration should be refused or deferred.

(4) The receipt by the Registrar of a notice under subsection (3) acts as a stay of registration until the further evidence is considered by the Registration Committee.

(5) The Registration Committee shaU approve for registration as a registered optometrist an individual who has appUed under this Act and is ehgible in accordance with this Act and the regulations to be registered as a registered optometrist.

(6) In proceedings before the Registration Committee and the Coun cU under this Part, the apphcant, the registered optometrist who serves a notice under subsection (3) and the Association may be represented by counsel.

(7) Proceedings before the Registration Committee and the CoimcU under this Part may be held in camera. Review by 14(1) Thc Registration Committee shaU send a written notice of any decision made by it to the appUcant.

(2) If the decision made by the Registration Committee is to refiise or defer registration of the appUcant, reasons for the decision shaU be sent in writing to the appUcant.

(3) An appUcant whose appUcation for registration is refused or de ferred may, within 30 days of receiving a notice of refusal and the reasons for the refusal, request the CouncU to review the refusal by serving on the Registrar a written request for review by the CoimcU setting out the reasons why, in his opinion, his appUcation for regis tration as a registered optometrist should be approved.

(4) For the purposes of subsection (3), if the Registration Committee does not approve, refuse to approve or defer the registration of an appUcant withm 60 days of the date on which an appUcant appUed for registration, the appUcation shaU be deemed to have been refused.

(5) The CouncU shaU, after receipt of a request for review under subsection (3), review the request so received.

(6) The appUcant who requests a review pursuant to subsection (3) shaU be notified m writing by the Registrar of the date, place and time that the CouncU wiU consider the matter requested to be re viewed and the CouncU, after reviewing the matter, may make any decision that the Registration Committee could have made. 11 Council

Certificate of registration

(7) A member ofthe Registration Committee who is also a member ofthe CouncU may participate at a review by the CoimcU under this

section but shall not vote on a decision of the CouncU. 15 On entering the name of a registered optometrist in the register, the Registrar shaU issue to him a certificate of registration. 16(1) A registered optometrist shaU pay to the Association an annual fee prescribed under the by-laws.

(2) The Registrar shaU issue a Ucence in accordance with the by-laws to a registered optometrist (

a) whose registration is not under suspension or canceUed, and (

b) who has paid the annual fee.

(3) Subject to this Act, a Ucence entitles a registered optometrist to engage in the practice of optometry during the year for which the Ucence is issued.

(4) A Ucence expires on December 31 of the year for which it is issued. Registration of 17(1) The Registrar shaU issue a permit to any corporation or com- coS^rat'iSn pauy that appUes to him and fulfils the foUowing conditions: (

a) pays the fees prescribed by the by-laws; (

b) satisfies the Registrar that it is a corporation or company that is in good standing with the Registrar as defined in the Business Corporations Act; (

c) satisfies the Registrar that the corporation or company, by law or by virtue of its incorporating documents, has the capacity to carry on the practice of optometry; (

d) satisfies the Registrar that the name of the corporation or company is in accordance with the by-laws and contains the words "Professional Corporation"; (

e) satisfies the Registrar that the legal and beneficial ownership of aU the issued shares ofthe corporation or company are vested m 1 or more registered optometrists and that aU ofthe dhectors of the corporation or company are registered optometrists; (

f) satisfies the Registrar that the persons who wUl carry on the practice of optometry on behalf of the corporation or company are registered optometrists.

(2) Subject to this Act, a permit entitles a professional corporation to engage m the practice of optometry during the year for which it is issued.

(3) A permit expkes on December 31 of the year for which it was issued. 12

Termination of permit

(4) A permit may be revoked or its renewal withheld by the CouncU when any ofthe conditions specified in subsection (1) no longer con tinues to be met.

(5) On issuing a permit to a professional corporation, the Registrar shaU enter its name in the register.

(6) For the purposes of subsection (l)(f), the practice of optometry shaU not be deemed to be carried on by clerks, secretaries and other assistants employed by the professional corporation to perform ser vices that are not services that may be performed only by a registered optometrist. 18 If a professional corporation ceases to fulfil any condition spec ified in

section 17 by reason only of (

a) the death of a registered optometrist, or (

b) the canceUation or suspension of the registration of a regis tered optometrist, who is a shareholder ofthe corporation, the professional corporation has a period of 90 days from the date of death, canceUation or sus pension, as the case may be, in which to fulfil the condition, failing which the permit is automaticaUy terminated effective on the expi ration of the 90 day period without the necessity of an order of the CouncU. Liability of 19(1) Notwithstanding anything to the contrary in the Companies emSye?s'"^"'' ^ct or the Busincss Corporations Act, every person who is a share holder (

a) of a professional corporation during the time that it is the holder of a permit, or (

b) of a corporation or company during the time that it acts in contravention of

section 2, is hable to the same extent and in the same manner as if the share holders were, during that time, carrying on the business of the cor poration or company as a partnership or, if there is only 1 share holder, as an individual carrying on the practice of optometry.

(2) The UabUity of a person in carrying on the practice of optometry is not affected by the fact that the practice of optometry is carried on by the person as an employee and on behalf of a professional cor poration. Proxy votes 20 No Shareholder of a professional corporation shaU enter into a votmg tmst agreement, proxy or any other type of agreement vesting in another person who is not a registered optometrist the authority to exercise the voting rights attached to any or aU of his shares. Suspension and 21(1) The registration of an authorized entity is suspended when the cancelation dccisiou to suspcud thc registration is made in accordance with this Act. 13

(2) The Registrar shaU, after a decision to suspend a registration has been made, enter a memorandum of suspension of the registration in the appropriate register indicating (

a) the period of the suspension, and (

b) the nature of any finding under

Part 6.

(3) The registration of an authorized entity is canceUed when a de cision to cancel the registration is made in accordance with this Act.

(4) The Registrar shaU, after a decision to cancel a registration has been made, enter a memorandum ofthe canceUation ofthe registra tion in the appropriate register.

(5) The Registrar shaU not remove from the registers any memoran dum made by him under subsection (2) or (4), except in accordance with the by-laws. List of registrants 22 Thc Registrar shaU maintain and, during regular office hours permit any person to inspect, a Ust of aU the authorized entities in good standing. Cancellation by request 23(1) The Registrar shaU not cancel the registration of an authorized entity at his request unless the request for the canceUation has been approved by the CouncU.

(2) When a request for the canceUation of registration is approved by the CoimcU, the Registrar shaU cancel that registration. Cancellation by default 24(1) The CoimcU may direct the Registrar to cancel the registration of (

a) an authorized entity that is in defauh of payment of annual fees, penalties, costs or any other fees, dues or levies payable by him under this Act, the regulations or the by-laws, or (

b) an authorized entity that does not comply with the require ments specified in the by-laws requiring authorized entities to maintain a business address, after the expiration of 30 days foUowing the service on the authorized entity of a written notice by the CouncU pursuant to subsection (2), imless the authorized entity on whom the notice is served complies with the notice.

(2) The notice under subsection (1) shaU state that the Registrar may cancel the registration unless, as the case may be, (

a) the fees, penalties, costs, dues or levies are paid as mdicated in the notice, or (

b) evidence satisfactory to the CouncU is received by it within the time prescribed in the notice indicating that the auUiorized entity is complying with the reqmrement to maintain a business address. 14

(3) The CoimcU may direct the Registrar to cancel the registration of any person made in error in the register.

(4) If the registration of an authorized entity has been canceUed under this Act, the certificate of registration, permit or licence of that au thorized entity is deemed to be cancelled, and the authorized entity shaU surrender to the Registrar the certificate of registration, permit or hcence, as the case may be.

(5) The CouncU may direct the Registrar, subject to any conditions respecting the payment of arrears and any reinstatement fee that the CouncU may prescribe, (

a) to reinstate in the appUcable register a registration that was canceUed under subsection (1), and (

b) to re-issue (

i) in the case of a registered optometrist, a certificate of reg istration and a licence, and (

u) in the case of a professional corporation, a permit to its former holder. PARTS PRACTICE REVIEW BOARD Practice Review 25(1) There is hereby estabUshed the Practice Review Board con- ^°^"^ sisting of not fewer than 5 members as foUows: (

a) the CoimcU shaU appoint at least 4 registered optometrists who, in the opinion ofthe CouncU, have a combination of knowl edge and experience suitable for determining the academic qual ifications and training requirements necessary for a person to continue to engage in the practice of optometry, and (

b) the Minister shaU appoint 1 member ofthe pubhc nominated by the CoimcU who is not a registered optometrist.

(2) If the CouncU faUs, withm a reasonable period of time after being requested to do so by the Minister, to make a nomination for the purposes of subsection (l)(b), the Minister may appoint a member of the pubhc to the Practice Review Board without the CouncU's nom ination.

(3) The Minister may pay to the member of the Practice Review Board appointed under subsection (l)(

b) traveUing and living ex penses incurred by that member for attendance at a hearing of the Board away from his usual place of residence and fees in an amoimt prescribed by the Minister.

(4) The Minister may, after consultation Avith the CouncU, revoke the appointment of the member of the Practice Review Board ap pointed under subsection (l)(b). 15

Board

(5) The powers, duties and operations ofthe Practice Review Board under this Act, the regulations and by-laws are not affected by (

a) the fact that no member ofthe public is appointed as a mem ber ofthe Board under subsection (l)(b), (

b) the revocation under subsection (4) ofthe appointment of a member of the public, or (

c) the resignation as a member ofthe Board of a member ofthe pubhc.

(6) The faUure of a member of the pubhc appointed under subsec tion (l)(

b) to attend a meeting ofthe Board shaU not be construed as affecting or restricting the Board from exercising any powers or per forming any duties under this Act, the regulations and the by-laws at that meeting. Powers ofthe 26(1) The Practicc Rcvicw Board Practice Review (

a) may, on its own initiative and shaU, at the request of the Council, inquire into and report to and advise the CouncU in respect of (

i) the assessment and development of educational standards and experience requirements that are conditions precedent to continuing as an authorized entity, (

U) the evaluation of desirable standards of competency of authorized entities generaUy, (ui) any other matter that the Board from time to time con siders necessary or appropriate in connection with the exer cise of its powers and the performance of its duties in relation to competence in the practice of optometry under this Act and the regulations, and (iv) the practice of optometry generaUy, and (

b) may conduct a review ofthe practice of an authorized entity in accordance with this Act and the regulations.

(2) After each inqmry or review under this section, the Board shall make a written report to the CouncU on the inqmry or review and may make any recommendations to the CoimcU that the Board con siders appropriate m connection with the matter, with reasons for the recommendations.

(3) The Board has aU the powers and duties ofthe Disciphne Com mittee under

Part 6 for the purpose of carrying out its powers under subsection (1).

(4) Part 6 appUes to an inquiry or review by the Board as if the mqmry or review were an investigation or hearing by the DiscipUne Committee under that Part. 16

Referral to Discipline Committee 27(1) The Practice Review Board may, at any time during an inquiry or review by it, refer any matter to the Discipline Committee for an investigation and hearing by that Committee in accordance with

Part 6.

(2) On receiving a reference under subsection (1), the DiscipUne Committee shaU proceed with an investigation and hearing under

Part 6 as if the reference were a complaint.

PART 6 DISCIPUNE Discipline Committee Unskilled or unprofessional conduct

Definitions 28 lu this Part, (a) "conduct" includes

an act or omission; (b) "investigated person" means an authorized entity or student with respect to whose conduct an investigation or hearing is held under this Part. 29 There is hereby estabUshed a committee caUed the Discipline Committee composed of not fewer than 3 members appointed by the CouncU in accordance with the by-laws to exercise the powers and perform the duties set out in this Pjut. 30(1) Any conduct of an authorized entity that, in the opinion ofthe Discipline Committee, (

a) is detrimental to the best interests ofthe pubhc, (

b) harms or tends to harm the standing of the profession of optometry generaUy, (

c) displays a lack of knowledge of or a lack of skiU or judgment in the practice of optometry, or (

d) is in contravention of this Act, the regulations or an order of the Practice Review Board under

section 68(6), whether or not that conduct is disgraceful or dishonourable, consti tutes either unskiUed practice of optometry or unprofessional con duct, whichever the Discipline Committee finds.

(2) If an authorized entity or student contravenes the by-laws, and the contravention is, in the opinion ofthe Discipline Committee, of a serious nature, the contravention may be found by the EHscipUne Committee to be unprofessional conduct whether or not it would be so found under subsection (1). Complaints 31(1) A pcrsou may complain to the Registi^ about tiie conduct of an authorized entity or student, and the complaint shaU be dealt witn in accordance with this Part and the regulations.

(2) A complaint inspecting the conduct of an authorizedMitity whose registration was canceUed pursuant to this Act or any l^«>??f^^,,|° this Act may, notwithstanding the canceUation, be dealt with withm 17

Investigation Report of preliminary investigation 5 years foUowing the date of canceUation as if the canceUation had not occurred.

(3) A person designated by the Registrar as a mediator may assist in settUng a complaint made to the Registrar if the complainant and the person about whose conduct the complaint was made so agree, but if within 30 days from the date of receipt of the complaint, or a longer period agreed to by those persons, settlement ofthe complaint between those persons does not occur, or in the mediator's opinion is not likely to occur, the complaint shaU be referred forthwith by the mediator to the Registrar. 32 The Registrar, on receipt of a complaint made under

section 31 or, if

section 31(3) appUes, on receipt ofthe referral from the media tor, shaU conduct or appoint a person to conduct a preUminary in vestigation into the conduct of the authorized entity or student. 33(1) A person conducting a preUminary investigation may (

a) request any person to answer any questions and to produce to him any ophthalmic apphances or supphes, charts, documents, papers, notes, records and other materials and things relevant to the investigation, and (

b) copy and keep copies of any of the things that are produced to him under clause (a).

(2) A person conducting a prehminary investigation shaU conduct the investigation in a manner considered by him to be most suitable in aU the circumstances.

(3) A person conducting a preUminary investigation may investigate any other matter related to the professional conduct or skUl in prac tice ofthe investigated person that arises in the course ofthe inves tigation.

(4) A person conducting a preUminary investigation, on concluding the preUminary investigation, shaU forthwith report his findings to the Registrar.

(5) If an authorized entity or student does not co-operate with a person conducting a preUminary investigation, the person conducting the preUminary investigation may make a complaint in writing to the Disciphne Committee and the faUure or refiisal to co-operate may be held by the Discipline Committee to be unprofessional con duct. Di^Min" ^^^ ^^^^ ^^^ Registrar, on the conclusion of a preUminary mvestiga- Committee tiou, shaU forthwith (

a) du-ect that no fiirther action be taken, if he is ofthe opinion that (

i) the complaint is frivolous or vexatious, or (

u) there is insufl&cient evidence of unskiUed practice of op tometry or unprofessional conduct. 18

or (

b) refer the matter under investigation or any other matter to the Discipline Committee.

(2) The Registiar shaU serve on the investigated person and on the complainant, if any, a notice that no further action wiU be taken or that the matter has been referred to the Disciphne Committee, as the case may be. Appeal from 35(1) A complaiuaut who is served with a notice under

section 34 Regfitrar"*^ that uo further action wUl be taken may, within 30 days of receipt of the notice, appeal that direction to the Council by notice in writing to the Registrar.

(2) On an appeal under subsection (1), the CouncU shaU direct that (

a) no further action be taken, if it is ofthe opinion that (

i) the complaint is frivolous or vexatious, or (ii) there is insufficient evidence of unskiUed practice or un professional conduct, or (

b) a hearing should be held by the Discipline Committee in respect ofthe matter.

(3) The Registrar shaU serve on the investigated person and on the complainant a notice that no fiirther action wiU be taken or that the matter has been referred to the Discipline Committee for a hearing, as the case may be. Appeal to the 36(1) A Complainant who is served with a notice under

section 35 Court of Queens ^^^ ^^^ fiuthcr action wUl be taken may, within 30 days of receipt of the notice, apped that direction to the Court of Queen's Bench by fiUng an originating notice and serving a copy on the Registrar.

(2) On hearing an appUcation under subsection (1), the Court of Queen's Bench may direct that (

a) no further action be taken, if it is ofthe opinion that (

i) the complaint is fiivolous or vexatious, or (ii) there is insufficient evidence of unskiUed practice or un professional conduct, or (

b) a hearing should be held by the DiscipUne Committee in respect ofthe matter. Suspension 37(1) Notwithstanding anything in tliis Act, the Registrar may rec- pendmg hearing QJ^J^^J^^ to the Council that the registiration of an investigated per son be temporarily suspended pending tiie outcome of proceedings 19

under this Part, and the Council may suspend the registration ac cordingly.

(2) The investigated person may, by filing an originating notice with the Court of Queen's Bench and serving a copy on the Registrar, apply for an order of the Court staying the decision of the Council. Notice of hearing 38(1) The DiscipUue Committee, on referral to it of a matter under this Part, shaU investigate the matter and hold a hearing.

(2) The hearing referred to in subsection (1) shaU be held not more than 60 days after the date on which the matter is referred to the DiscipUne Committee or within any longer period that may be con sented to by the CoimcU.

(3) The Registrar shaU serve on the investigated person and the com plainant, not less than 30 days before the date of the hearing before the Discipline Committee, a notice stating (

a) the date, time and place of the hearing, and (

b) reasonable particulars of the complaint or matter in respect of which the hearing wUl be held.

Further investigation Evidence before Committee Witness 39 The Discipline Committee may also investigate and hear any other matter conceming the conduct of the investigated person that arises in the course of an investigation or hearing, but in that event the Discipline Committee shaU declare its intention to investigate and hear the fiirther matter and shaU permit the investigated person sufficient opportunity to prepare his answer to the further matter. 40(1) Evidence may be given before the Disciphne Committee in any maimer that the Committee considers appropriate, and the Com mittee is not bound by the rules of law respecting evidence applicable to judicial proceedings.

(2) For the purposes of proceedings under this Part, the Registrar, a person appointed by him under

section 32, and any member of the CouncU, the DiscipUne Committee or the Practice Review Board is conferred with the power of a commissioner for oaths under the Commissioners for Oaths Act. 41(1) The investigated person and any other person who, in the opinion of the DiscipUne Committee, has knowledge of the com plaint or matter being investigated is a compellable witness in pro ceedings under this Part.

(2) A witness may be examined under oath on aU matters relevant to the mvestigation or hearing before the DiscipUne Committee and shaU not be excused from answering any question on the ground that the answer might (

a) tend to incriminate him, (

b) subject him to punishment under this Part, or (

c) tend to estabhsh his liabUity 20

(

i) to a civU proceeding at the mstance of the Crown or of any other person, or (ii) to prosecution under any Act or regulations under any Act but if the answer so given tends to incriminate him, subjects him to punishment or tends to estabUsh his UabUity, it shaU not be used or received against him in any civU proceedings or in any proceedings under any other Act.

(3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court of Queen's Bench on an appli cation made ex parte by the Association may direct the issuing of a commission for the obtaining ofthe evidence ofthe witness, and the commission shaU be issued and the evidence taken pursuant to the Rules of Court. 42(1) The attendance of witnesses before the Discipline Committee and the production of ophthalmic appliances or suppUes, charts, doc uments, papers, notes, records and other materials and things may be enforced by a notice issued by the Registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the ophthalmic apphances or suppUes, charts, docu ments, papers, notes, records and other materials and things, if any, he is required to produce.

(2) On the vmtten request of the investigated person or the com plainant, or of his counsel or agent, the Registrar shall without charge issue and deUver to that person or his counsel or agent any notices for the attendance of witnesses or notices for production under sub section (1) that he requires.

(3) A witness, other than the mvestigated person or the complainant, who has been served with a notice to attend or a notice for produc tion under subsection (1) or (2) is entitied to be paid the same fees as are payable to a witness in an action in the Court of Queen's Bench. j'aiiure to attend 43( 1) Procccdings for civU contempt of court may be brought against )r eive evirtpnr<> . •nforcement of ittendance and )roduction of locuments a witness (

a) who faUs (

i) to attend before the DiscipUne Committee in compUance with a notice to attend, (

U) to produce any ophthalmic appUances or supphes, charts, documents, papers, notes, records and other materials or things in compUance with a notice to produce them, or (iu) in any way to comply with either notice. or (

b) who refuses to be sworn or to answer any question he is directed to answer by the Discipline Committee. 21

Hearing in absence of a party Findings of Discipline Committee Orders of Discipline Committee

(2) If the witness referred to in subsection (1) is an authorized entity or student, his faUure or refiisal may be held to be unprofessional conduct. 44 The DiscipUne Committee, on proof of service on the investi gated person or the complainant ofthe notice ofthe hearing, may (

a) proceed with the hearing in the absence of the mvestigated person or the complainant, and (

b) act or decide on the matter being heard as if the investigated person or the complainant were in attendance. 45(1) The Discipline Committee may find that the conduct of an investigated person constitutes neither unskilled practice of optom etry nor unprofessional conduct.

(2) The Discipline Committee may find that the conduct of an in vestigated person constitutes unskilled practice of optometry or un professional conduct or both and shall deal with the investigated person in accordance with this Part. 46 If the Discipline Committee finds that the conduct of an inves tigated person constitutes unskiUed practice of optometry or un professional conduct or both, the Committee may make any 1 or more of the foUowing orders: (

a) reprimand the investigated person; (

b) suspend the registration of an investigated person either gen eraUy or from any field of the practice of optometry for a stated period; (

c) suspend the registration of an investigated person either gen eraUy or from any field of practice untU (

i) he has completed a specified course of studies or obtained supervised practical experience, or (

u) the Committee is satisfied as to the competence ofthe investigated person generaUy or in a specified field of practice; (

d) accept in place of a suspension the investigated person's un dertaking to Umit his practice; (

e) impose conditions on the investigated person's entitiementto engage in the practice of optometry generaUy or m any field of the practice, mcludmg the conditions that he (

i) practise under supervision, (

U) not engage in sole practice, (iu) permit periodic inspections by a person authorized by the Committee, or (iv) report to the Committee or CouncU on specific matters; 22

lyment of costs jd fine (

f) direct the investigated person to pass a particular course of study or satisfy the Committee or CouncU as to his practical competence generaUy or in a field of practice; (

g) direct the mvestigated person to satisfy the Committee or Practice Review Board that a disabiUty or addiction can be or has been overcome, and suspend the person's registration untU the Committee or Practice Review Board is so satisfied; (

h) require the investigated person to take counseUing or to ob tain any assistance that in the opinion ofthe Committee or Prac tice Review Board is appropriate; (

i) direct the investigated person to waive, reduce or repay a fee for services rendered by the investigated person that, in the opin ion of the Committee, were not rendered or were improperly rendered; (

j) cancel the registration ofthe investigated person; (

k) any other or further order it considers appropriate m the circumstances. 47(1) The Discipline Committee, in addition to or instead of deahng with the conduct of an investigated person in accordance with

section 46, may (

a) make an award as to the costs of the hearing in accordance with the by-laws; (

b) order that the investigated person pay to the Association a fine, not exceedmg $10 000 for each finding of unskiUed practice or unprofessional conduct and $50 000 m the aggregate for aU of such findings arising out of the hearing; (

c) order that the investigated person pay both costs under clause (

a) and a fine under clause (b).

(2) If the person ordered to pay a fine, costs or both under subsection (1) faUs to pay the fine, costs or both within the time ordered, the CouncU may suspend the registration of that person untU he or it has paid the fine, costs or both.

(3) A fine or costs ordered to be paid to the Association under this

section is a debt due to the Association and may be recovered by the Association by civU action for debt. riiten decision 48 The Discipline Committee shaU, withiu a reasonable time after the conclusion of a hearing before it, issue a written decision on the matter, in which it shaU (

a) describe each finding made by it, (

b) state the reasons for each finding made by it, and (

c) state any order made under this Part. 23

Service of 49(1) The Registrar shaU serve a copy ofthe decision ofthe Disci- decision pj^g Committee on the investigated person and on the complainant, if any.

(2) The investigated person and the complainant may examine the record or any part ofthe record ofthe proceedings before the Disci pline Committee and hear any recording or examine any mechanical or handwritten form of record of any testimony given before the Committee. Stay of decision 50(1) Notwithstanding an appeal under

section 51, the Disciphne commu^M ^ Committee may order that its decision remain in effect untU the time that the Council makes its decision on the appeal.

(2) An investigated person may, by filing an originating notice with the Court of Queen's Bench and serving a copy on the Registrar, apply for an order ofthe Court staying the decision ofthe Disciphne Committee pending the determination ofthe appeal.

(3) On hearing an appUcation made under this

section the Court may, subject to any conditions that it considers proper, stay the de cision ofthe Discipline Committee pending the determination ofthe appeal. Apf)eal to Council 51(1) An investigated person or the complainant may appeal to the CouncU a finding or order of the Discipline Committee.

(2) An appeal under subsection (1) shaU be commenced by a written notice of appeal which shaU (

a) describe the finding or order appealed, and (

b) state the reasons for the appeal.

(3) A notice of appeal under this

section shaU be served on the Re gistrar within 30 days after the date on which the decision of the Discipline Committee was served on the appeUant.

(4) The Registrar shaU, on receiving a notice of appeal under subsec tion (3), give to each member ofthe CouncU a copy ofthe notice of appeal and make the record ofthe hearing avaUable to each member ofthe CoimcU.

(5) The CouncU has aU the powers, duties and functions ofthe Dis cipUne Committee under this Part for the purpose of an appeal under this section. Notice and 52(1) The CouucU shaU, on receiving a notice of appeal under sec- heanng of appeal ^-^^^ jj^ ^^^ ^^ ^ ^^^^ ^^ ^^^ investigated pcrsou and the com plainant a notice of hearing of an appeal stating the date, tune and place when the CoimcU wiU hear the matters appealed.

(2) The CouncU shaU (

a) if the registration of the investigated person has been sus pended under this Part pending the outcome of proceedmgs under 24

tills Part, hear the appeal within 30 days after the date of service ofthe notice of appeal, and (

b) if the registration of the investigated person has not been suspended under this Part, hear the appeal within 90 days after the date of service of the notice of appeal.

(3) The CouncU may, on the written request ofthe mvestigated per son, the complainant or the Registrar, extend the periods referred to in subsection (2) for 1 or more additional periods, each not exceeding 30 days. .ppeai on record 53 The appeal to the CouncU shaU be founded on a copy of the record of the proceedings before the Discipline Committee and its decision. ouncii's powers 54(1) The CouucU OU au appeal may n appeal (

a) grant adjournments of the proceedings or reserve the deter mination of the matters before it for a future meeting of the CoimcU, (

b) on granting special leave for that purpose, receive fiirther evidence, and (

c) draw inferences of fact and make a determination or finding that, in its opinion, ought to have been made by the Disciphne Committee.

(2) The CouncU shaU, within 30 days from the date ofthe conclusion of aU proceedings before it, do aU or any ofthe foUowing: (

a) make any finding that in its opinion ought to have been made by the Discipline Committee, (

b) quash, vary or confirm the finding or order ofthe Committee or substitute or make a finding or order of its own, or (

c) refer the matter back to the Committee for a rehearing or fiirther consideration in accordance with any direction that the CouncU may make.

(3) A member of the Discipline Committee who is also a member of the CouncU may participate in an appeal before the CouncU but shaU not vote in a decision of the CoimcU on the appeal. ?^jj[^decision 55(1) Notwithstanding an appeal under

section 56, the CoimcU may order that its decision remain in effect untU the time that the Court of Appeal makes its decision on the appeal.

(2) The investigated person may apply to the Court of Appeal for an order staying the decision ofthe CouncU pendmg the determination of the appeal.

(3) On hearing an appUcation made under this

section the Court may, subject to any conditions it considers proper, stay the decision ofthe CouncU pending the determination ofthe appeal. 25

Appeal to Court 56(1) The investigated person or the complainant may appeal to th( of Appeal Court of Appeal any finding or order made by the CouncU undei

section 54.

(2) An appeal under this

section shaU be commenced (

a) by filing a notice of appeal with the Registrar ofthe Court at Edmonton or Calgary, and (

b) by serving a copy ofthe notice of appeal on the Registrar both within 30 days from the date on which the decision of the CoimcU is served on the investigated person. Appeal on the record Power of Court on appeal Misrepresenta tion of status Cancellation of falsely obtained registration Reinstatement of registration 57 The appeal to the Court of Appeal shaU be founded on a copy of the record of the proceedings before the CoimcU and its decision, aU of which shaU be certified by the Registrar. 58(1) The Court of Appeal on hearing the appeal may (

a) make any finding that in its opinion ought to have been made, (

b) quash, confirm or vary the order or decision of the Council or any part of it, (

c) refer the matter back to the CoimcU or the Discipline Com mittee for further consideration in accordance with any direction ofthe Court, or (

d) direct that a new hearing of any mixed questions of law and fact relating to a finding or order or both a finding and an order of the CoimcU under

section 54 be held before the Court of Queen's Bench.

(2) The Court of Appeal may make any award as to costs, whether before it or the Discipline Committee or the CouncU, that the Court considers appropriate. 59 The conduct of a person who is or was registered under this Act, and who represents or holds out that he is registered and is in good standing whUe his registration is suspended or canceUed constitutes unprofessional conduct in accordance with this Part. 60(1) If the CouncU is satisfied, after a hearing on the matter, that an authorized entity whose registration is entered in the register ob tained registration by means of any false or fraudulent representation or declaration, either oral or written, the CouncU shaU order that his registration be canceUed, effective from the date of registration.

(2) The provisions of this Part respecting the procedures ofthe Dis cipline Comnuttee apply with aU necessary modifications to a hear ing held by the CouncU under subsection (1). 61(1) If the registration of an authorized entity is canceUed, the r^- istration shaU not be reinstated except by order ofthe CouncU or by a court of competent jurisdiction. 26

ipresentation I counsel

(2) A member of the CouncU who is a member of a committee of inquiry appointed pursuant to the regulations to consider an appli cation under this Part for reinstatement of a registration may partic ipate in or vote at any proceedings ofthe CouncU under this section, and the Registrar and the Association's soUcitor may participate in those proceedings. 62(1) In any proceedings before the Discipline Committee and the CoimcU under this Part, the investigated person, the complainant and the Association may be represented by counsel.

(2) Proceedings before the DiscipUne Committee and the CouncU under this Part shaU be held in camera.

PART 7 GENERAL ibiiityof 63(1) The relationship between an authorized entity in the practice thonzed entity ^^ optometry and a person receiving the professional services of that authorized entity is subject to this Act, the regulations and any other law appUcable to the relationship between a registered optometrist and his patient.

(2) The relationship of a registered optometrist to a professional cor poration, whether as shareholder, director, officer or employee of that corporation or firm, does not affect, modify or diminish the appU cation of this Act, the regulations and the by-laws (

a) to him personaUy as a registered optometrist, or (

b) to the relationship between the registered optometrist and his patient. jnificate of ^istrar 64 A certificate purporting to be signed by the Registrar and statmg that a named person was or was not, on a specified day or during a specified period, (

a) a registered optometrist, (

b) a professional corporation, (

c) a member of a class or category of members estabUshed under the regulations, (

d) a student, or (

e) an officer ofthe Association or a member ofthe CouncU, shaU be admitted m evidence as prima facie proof of the facts stated m it without proof of the Registrar's appointment or signature. °fJJJ9j^from 65(1) No action Ues against (

a) any person conducting a preliminary investigation, a member of tiie Disciphne Committee, tiie CouncU, the Practice Review 27

Board or the Registration Committee, the Registrar, the Associ ation or any person acting on the instructions of any of them, or (

b) any member, officer or employee ofthe Association for anything done by him m good faith and in purportmg to act under this Act, the regulations or the by-laws.

(2) No action for defamation may be founded on a communication that consists of or pertains to the conduct of an authorized entity if the communication is pubhshed to or by (

a) the Association, (

b) a member of the CouncU, the Registration Committee, the DiscipUne Committee or the Practice Review Board, (

c) a person conducting a preUminary investigation, (

d) an officer or employee ofthe Association, or (

e) a person acting on the instructions of any person or entity referred to in clauses (

a) to (d), in good faith in the course of investigating the conduct or in the course of any proceeding under this Act relating to the conduct. 66 When this Act, the regulations or the by-laws require that a document or notice be given to or served on any person, the docu ment or notice is sufficiently given or served if it is served personally on that person or sent to him by registered maU at his business address last shown on the register or records ofthe Association or, if personal service or service by maU is not reasonably possible, then by pubUshing the document at least twice, and not more than a week apart, in a local newspaper circulating at or near the address last shown for that person on the Association's register or records.

Municipal licence 67 Notwithstanding any other Act, no municipahty has the power to require an authorized entity to obtain a Ucence from the munici pahty to engage in the practice of optometry or to carry on practice as an authorized entity. Service of documents Assessment of optometric facilities 68(1) This

section appUes to an optometric facihty.

(2) There is hereby estabUshed an Optometric FacUity Assessment Committee consisting of the members appointed by the Council in accordance with the regulations.

(3) The Optometric FaciUty Assessment Committee may investigate and inspect the ownership and operation of an optometric facility and the financial arrangements that pertain to that facUity and shall make a report to the CouncU on each investigation and mspection.

(4) If the Committee reports to the CouncU that an optometric^' cUity does not appear to meet the standards required under this Act, the CouncU shaU forthwith refer the matter to the Practice Review Board for an mvestigation and hearing. 28

'raclice irohibitions

(5) Part 6 apphes to a hearing by the Practice Review Board under this section.

(6) If the Practice Review Board determines that the optometric fa cility does not meet the standards required under this Act, the Board may order that no authorized entity may provide optometric services to a patient in that faciUty untU the Board is satisfied that the stand ards have been met.

PART 8 PROHIBITIONS AND PENALTIES 69(1) A person whose registration is canceUed or suspended under this Act or any predecessor to this Act shaU not, without the consent of the Council, engage in the practice of optometry or directly or induectly associate himself with or employ or be employed by an authorized entity registered under this Act.

(2) No authorized entity shaU, except with the consent of the Coun cU, associate in the practice of optometry directly or indirectly with or employ or be employed by a person whose registration is canceUed or suspended.

(3) The CouncU may permit an authorized entity to associate with, employ, or be employed by a person whose registration has been canceUed or suspended under this Act, but the employment shaU be in the capacity and subject to the terms and conditions that are prescribed by the CoimcU. 'enaities 70(1) Evcry pcrsou and every officer, employee or agent of a corpo ration who contravenes this Act is guUty of an offence and Uable (

a) for a first offence, to a fine of not more than $2000, (

b) for a second offence, to a fine of not more than $4000, and (

c) for a third and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment.

(2) A prosecution under this

section may be commenced within 2 years after the commission ofthe aUeged offence, but not afterwards. 3nus of proof 71 In a prosccutiou uudcr this Act, the burdcu of proviug that a person is an authorized entity is on the accused. roof of the practice of optometry 72 The use by a person of test lenses, charts or devices purporting to determine refractive status or of any other mechanical or electrical device for measuring the human eye, its related structures and the human vision system or for testing vision is deemed to be prima facie proof that the person is engaging in the practice of optometry. 29

Registration continued Council continued Application for registration continued Regulations

PART 9 TRANSITIONAL 73(1) In this Part, "former Act" means the Optometry Act, bein§

chapter 0-9 ofthe Revised Statutes of Alberta 1980.

(2) An individual who holds a certificate of registration and is other wise in good standing under the former Act is deemed to be a regis tered optometrist under this Act.

(3) The Registrar shaU, in the appropriate register estabhshed pur suant to this Act, register the names of those individuals referred to in subsection (2).

(4) An individual who holds a certificate of approval of registration and who was registered under the former Act but whose registration has lapsed shaU be registered under this Act as a registered opto metrist if he appUes to the Registrar for registration not more than 2 years after the coming into force of this Act. 74(1) The members ofthe CouncU of Management ofthe Associa tion elected under the former Act are deemed to be members ofthe CouncU under this Act, elected for the same period and holding the same offices.

(2) The officers of the Association elected under the former Act are deemed to be the officers of the Association under this Act, elected for the same period and holding the same offices. 75 An appUcation for registration made but not concluded before the coming into force of this Act shaU be dealt with under this Act. 76(1) The Lieutenant Govemor in CoimcU, after consultation with the CouncU, may make regulations respecting the circumstances under which a body corporate that is (

a) incorporated under the Companies Act but not continued under the Business Corporations Act, (

b) incorporated under the Companies Act and continued under the Business Corporations Act, or (

c) incorporated under the Business Corporations Act, may be registered under this Act as a professional corporation.

(2) A body corporate to which subsection 1(a), (

b) or (

c) appUes that has been engagmg in the practice of optometry before the coming into force of this Act (

a) may continue to engage in the practice of optometry until January 31, 1986, or (

b) if it compUes with this Act, except

section 17(l)(e), and the regulations, may apply for and receive a permit as a professional corporation under

section 17. 30

(3) A body corporate that is not a professional corporation may engage in the practice of optometry after January 31, 1986. not iscipiine 77(1) Any complaint made or discipline proceedings that were com- Sue^ menced but not concluded before the coming into force of this Act shaU be concluded under the former Act as though this Act had not come into force.

(2) Any complaint made or discipline proceedings commenced after the coming into force of this Act when the complaint or proceedings relate to conduct occurring aU or partiy before the coming into force of this Act shaU be dealt with under this Act.

PART 10 CONSEQUENTIAL mends RSA 78 The Alberta Health Care Insurance Act is amended m cA-24 (

a) in

section l(s)(i), by striking out "as a member of The Alberta Optometric Association" and substituting "under the Optometry Profession Act as an authorized entity"; (

b) in

section 8(4), by repealing clause (

c) and substituting the following: (

c) the CouncU of The Alberta Association of Optometrists; ,nendsSAi98i 79 The Buslncss Corporations Act is amended in

section 7(2) by '•'^ striking out "or" at the end of clause (c). by adding "or" at the erui of clause (

d) and by adding the following after clause (d): (

e) the CouncU of The Alberta Association of Optometrists, ends RSA 80 The Companies Act is amended in

section 16(2) arui (3) by strik ing out "or Medical Profession Act" wherever it occurs and substitut ing ", Medical Profession Act or Optometry Profession Act". 0 cC-20 )cL-l3 lends RSA 81 The Llcenslng of Trades and Businesses Act is amended in sec tion 2(

b) by striking out "Optometry Act" and substituting "Optome try Profession Act". J^nds RSA 82 The Limitation of Actions Act is ameruied by repealing

section 55(

f) arui substituting the following; (

f) an optometrist registered under the Optometry Profession Act, ends RSA 83 The Ophthalmic Dispensers Act is amended in the following pro visions by striking out "Optometry Act" wherever it occurs and sub stituting "Optometry Profession Act";

section 1(1);

section 42, cO.9 ing into :au RSA 84 The Optometry Act is repealed on Proclamation. 85 This Act comes into force on Proclamation. 31 Title: 1983 (20th, 1st) Bill 52, Optometry Profession Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3672
Type	bill
Volume / chapter	L20 S1 3672
Language	en
Format	json
Source	PROVINCIAL
Identifier	4b55acbbd7bd7d9117beebdf5bd877bddd7a5146

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