Bill 47 (Legislature 8, Session 8)

L8 S8 8023

Alberta — Bills

Bill No. 47 of 1939. A BILL TO PROVIDE FOR THE INVESTIGATION OF REMEDIES FOR CANCER. NOTE. This Bill constitutes a Commission with the name of "The Commission for the Investigation of Cancer Reme dies," with the status of a body corporate, consisting of not less than three nor more than five members, in~luding the chairman, appointed by the Lieutenant Governor in Council.

The objects for which the Commission is constituted are to enquire and investigate into remedies and treatments for cancer and to determine the efficiency or otherwise thereof; and is given powers to enable it to make such enquiries and investigations, and to receive moneys ap propriated for its use by the Parliament of Canada, the Legislature of the Province, or the King George V Silver Jubilee Memorial Fund and any other money donated to it, and to spend such moneys in carrying out its activities.

The Commission is empowered to require any person who holds out or uses any substance or method of treat ment as a cancer cure to make full disclosure with regard thereto to the Commission, and to investigate the same, and to determine its efficiency or otherwise; and the Com mission is required to make a report of its findings to the Minister and to nobody else. The Minister is empowered to make public any report so made if he thinks that it is in the public interest so to do. The Commission, its members and employees are each relieved from liability in respect of anything done in pur suance of the Act.

Any person who makes default in complying with the requirements of the Commission under

section 7 with regard to the making disclosure as to cancer remedies and treatments is declared to be guilty of an offence and liable on

summary conviction in the case of a first offence to a fine of not less than ten dollars nor more than one hundred dollars and costs and in default of payment to imprison ment for not more than thirty days and in the case of a second offence to a fine of not less than one hundred dollars nor more than five hundred dollars and costs and in default of payment to imprisonment for not more than six months or to both fine and imprisonment. R. ANDREW SMITH, Legislative Counsel. (This note does not form any part of the Bill and is offered merely as a partial explanation of some of its provisions.)

BILL No. 47 of 1939.

An Act to Provide for the Investigation of Remedies for Cancer. (Assented to , 1939.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Cancer Remedy Act." 2. In this Act, unless the context otherwise requires, (a) "Commission" means a commission for the in vestigation of cancer remedies appointed pursuant to this Act; (b) "Minister" means the Minister of Health. 3.-

(1) There is hereby constituted a commission with the name of "The Commission for the Investigation of Cancer Remedies," which shall be a body corporate and shall consist of not less than three members and not more than five members, of whom one shall be the chairman, and all of whom shall be appointed by, and shall hold office during the pleasure of the Lieutenant Governor in Council.

(2) The chairman shall be the executive officer of the Board and is empowered to sign on behalf of the Board all notices, reports or other documents given or made pursuant to any provision of this Act.

(3) At any meeting of the Commission a majority of the members thereof shall constitute a quorum and any question shall be determined by a majority vote of the members present thereat. 4.-

(1) The objects of the Commission shall be and it is hereby empowered to make enquiries and investigations with regard to any substance or method of treatment which is believed to be or is likely to be or is advertised, held out to be, or used for a remedy for cancer, and to determine the efficiency or otherwise of such substance or method of treatment as a remedy for cancer, and for that purpose to do all such acts and things as the Commission deems requisite.

(2) For the purpose of making any such enquiry the chairman of the Commission shall have all the powers of

taking evidence and compelling the attendance of witnesses and the production of documents which are or may be con ferred upon a Commission appointed pursuant to The Public Inquiries Act.

(3) The Commission is hereby empowered to receive moneys appropriated for its use by the Parliament of Canada, the Legislature of Alberta, or the King George V Silver Jubilee Cancer Fund, and any other moneys donated to the Commission and the Commission may disburse, ex pend or otherwise deal with any moneys so received as it deems proper, for the purpose of carrying out the obje:::ts of the Commission.

(4) With the approval of the Lieutenant Governor in Council, the Commission may enter into agreements with any university, medical association, hospital or other association, corporation or person for the purpose of carry ing out any of the objects of the Commission.

(5) The Commission may employ such officers, clerks and servants as it deems necessary, and may prescribe their respective duties and remuneration, and may obtain the services of experts and other persons at such remunera tion and upon such terms and conditions as the Commission deems requisite and as are approved by the Lieutenant Governor in Council. 5.-

(1) The members of the Commission shall be paid such remuneration as may be determined by the Lieutenant Governor in Council.

(2) All the expenses of the Commission incurred pur suant to this Act shall be paid out of the funds of the Commission. 6. The Commission shall keep true and correct minutes of all meetings of the Commission, and all business trans acted thereat, and a true and correct account of all moneys received and disbursed by the Commission, and shall when required by the Minister, furnish the Minister with a copy of any such minutes and with a financial statement and shall whenever required so to do submit its books and accounts for examination and audit by the Provincial Auditor, and the cost of such audit shall be paid out of the funds of the Commission. 7.-

(1) In any case where any person advertises, offers for sale, holds out, distributes, sells or administers whether free of charge or for gain, hire or hope of reward, any substance or any method of treatment as a remedy for cancer, the Commission may by notice in writing sent by registered mail require any such person to submit to the Commission such samples of such substance or such description of such method of treatment and such samples of any substance used in connection with such treatment as the Commission may require, and the formula for the making of any such substance together with such other

information pertaining to such substance or method of treatment as the Commission may determine.

(2) The Commission shall not divulge any information relating to the composition of any substance received by it, or the formula used in the making thereof, or the methods used in any method of treatment. 8. Where any substance or method of treatment is sub mitted to the Commission under the provisions of

section 7, the Commission shall cause such substance or method of treatment to be investigated, and upon the conclusion of such investigation, shall make a determination or finding as to the merit or value as a remedy for cancer of such sub stance or method of treatment, provided that the Com mission may at any time before concluding its investigation make such determination or finding of a temporary nature as it deems proper, and every determination or finding of the Commission shall be recorded in the minutes of the Commission. 9.

The Commission shall make a report of any de termination or finding relating to any substance or method of treatment to the Minister and to the person who has submitted such substance or method to the Commission for investigation and to no other person and the Minister may if he deems it to be in the public interest so to do, publish or cause to be published such report in such manner as he may deem proper. 10.

No action for the recovery of damages for defama tion or otherwise shall lie or be instituted against the Minister, the Commission, any member of the Commission, or any officer, clerk or servant employed by the Commission or any expert or other person engaged by the Commission, whether in the public or private capacity of such Minister, officer, clerk, servant, expert or other person in respect of any act or thing whatsoever done in connection with the administration or carrying out of the provisions of this Act. 11.

Every person who makes default in complying with any requirement made by the Commission under the pro visions of

section 7 shall be guilty of an offence, and shall be liable on

summary conviction therefor, in the case of a first offence, to a penalty of not less than ten dollars and not more than one hundred dollars and costs, and in default of payment to imprisonment for a period not exceeding thirty days, and in the case of a second or subsequent offence, to a penalty of not less than one hundred dollars and not exceeding five hundred dollars and costs and in default of payment to imprisonment for a period not ex ceeding six months or to both fine and imprisonment. 12. This Act shall come into force on the day upon which it is assented to.

No. 47. EIGHTH SESSION EIGHTH LEGISLATURE 3 GEORGE VI 1939 BILL

An Act to Provide for the Investiga tion of Remedies for Cancer. Received and read the First time ....................................... . Second time ..................................... . Third time ....................................... . RON. DR. CROSS. EDMONTON: A. Shnitka, King's Printer 1989 Title: 1939 (8th, 8th) Bill 47,

An Act to Provide for the Investigation of Remedies for Cancer

Document details

Collection	Alberta — Bills
Citation	L8 S8 8023
Type	bill
Volume / chapter	L8 S8 8023
Language	en
Format	json
Source	PROVINCIAL
Identifier	53334e5bd73830c625f94a839f14626fc7fc1f53

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