Bill 103 (Legislature 15, Session 3)

L15 S3 1409

Alberta — Bills

No. 103 3rd Session, 15th Legislature, Alberta 14 Eliza:beth II BILL 103 A Bill to Incorporate Pharmaceutical Services . (Alberta) Incorporated HON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanafory Note I. This Bill will incorporate a non-profit corporation to enable the provision of pharmaceutical services on a pre-payment basis. 2.

Definitions. 3. Creation of the corporation.

BILL No. 103 of 19,66

An Act to Incorporate Pharmaceutical Services (Alberta) Incorporated ( Assented to , 1966) HER MAJ~ST!, 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 Pharmaceutical Services (Alberta) Incorporated Act". 2.

In this Act, (a) "corporation" means Pharmaceutical Services (Al berta) Incorporated as incorporated by this Act; (b) "group subscriber" means any person, group of per sons, firm, association, corporation, organization, boOdy, local or public authority, or any government or government branch or agency whose members, employees, residents or persons represented by the group subscriber, or any of them, are entitled, pur suant to a contract between the corporation and the group subscriber, to the benefits provided by the corporation; (c) "participating subscriber" means a member of the corporation entitled, pursuant to a contract be tween him and the corporation or any group sub scriber and the corporation, to receive the benefits provided by the corporation for hims·elf as an in dividual or for himself and his family; (d) "professional member" means a person who is a member in good standing in the Alberta Pharma ceutical Association and who also is a member of the corporation. 3.

Robert James Edgar, Pharmacist, Westlock, Alberta; Donald Merlin Cameron, Registrar; William James McKay Henning, Barrister; both of Edmonton, Alberta; together with such persons as hereafter become members of the cor poration hereby incorporated shall be and are hereby created a body corporate under the name of "Pharmaceutical Ser vices (Alberta) Incorporated".

4. Objects of the corporatlOn. 5. Powers of the corporation. 2

4. The corporation has the following powers, objects and purposes, namely: 2 (

a) to provide facilities whereby individuals may, through their own or a group membership in the corporation, obtain for themselves and their fam ilies prescribed drugs and pharmaceutical services 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, group subscribers, pharmacists (whether or not professional members of the cor poration) and the Government of the Province of Alberta, w hereby prescribed drugs and pharma ceutical services may be provided and rendered to p·articipating subscribers and their families, but nothing herein contained shall be deemed to enlarge the powers already possessed by any group sub scriber and provided further that no agreement entered into between the corporation and any town, village or municipal district has any force or effect until it has been approved by the Lieutenant Gov ernor in Council; (

c) to enter into agreements with an approved carrier under the Alberta Health Plan or any other carrier whereby the carrier may administer or otherwise act a.s the administrative agent of the corporation; (

d) to maintain effective collaboration with the Alberta Pharmaceutical Association; (

e) to assist the Government upon request in the pro vision of adequate health services in the Province, particularly in the field of pharmacy, but also in fields other tha.n pharmacy to the extent and in the manner approved by the Lieutenant Governor in Council; (

I) to assist in developing 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 prescribed drugs and pharma ceutical services to the people of Alberta on a pre payment basis. 5. The corporation has power: (

a) to purchase, acquire, hold, possess, lease and enjoy any real property necessary for the purpose of the corporation and to dispose of it by sale, mortgage, lease, exchange or otherwise as the corporation may consider proper or advisable; (

b) to invest all moneys of or in the possession of the corporation arising from or connected with its busi ness objects or any of them, in such securities, real

6. Application of profits. 7. Membership of the corporation. 3

or personal, as by any law in force in the Province trustees may lawfully make investments; (

c) to borrow money in such amounts at such rates of interest and on such terms as may be considered ad visable in connection with its business or objects and to make, enter into and execute all such bonds, debentures, deeds, mortgages, agreements or instru ments as may be considered requisite or necessary, under the seal of the corporation and signed by such officers as may be designated by by-law; (

d) to draw, make, accept and endorse all bills of ex change, cheques and promissory notes considered necessary for the purposes of the corporation under the hands of such officers as may be designated by by-law, and it is not necessary to affix the corpor ation's seal to any such bill, note or cheque but noth ing herein conta.ined authorizes the corporation to issue bills or notes payable to bearer or intended to be circulated as money or as bills or notes of a bank; (

e) to enter into reciprocal arrangements with any similar association or body operating in any other province or territory of Canada or in any of the United States of America or in any other country for the purpose of providing in the territory of either party adequate prescribed drugs or pharma ceutical services to the persons covered by contract with either party; (

I) 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. 6. Any profits or other accretions to the funds of the corpor'ation shall be used in furthering its objects and the payment of any dividend to its members is prohibited, ex cept that in the event of dissolution or winding up of the corporation 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 pa.yment of all debts and liabilities of the corporation then due or to accrue due, and (

c) in the repayment to the members of the corporation the amount of any payments made by them in advance for prescribed drugs and pharmaceutical or other services which have not been rendered, and the balance, if any, shall be given to The University of Alberta to be used by it as it sees fit in the furtherance of research in the field of pharmacy. 7. Membership in the corporation shall consist of group subscribers, participating subscribers and professional members and the directors may by by-law add to the classes of membership or divide any existing class into two or more 3

4 8. Affairs of the corporation are to be administered by a board of directors. 9. By-laws may be made by the board of directors.

classes and a person may be admitted to' as many classes Qf membership as he may be eligible fQr under the by-1aws. 8.

(1) The business affairs and prQperty Qf the CQr PQratiQn shall be administered by a bQard Qf directQrs CQm prising five members (

a) twO' Qf whQm shall he prQfessiQnal members elected by the professiQnal members, (

b) Qne Qf whom shall be elected by and represent the group subscribers, (

c) Qne of whQm shall be elected by and represent the participating subscribers, and until such time as there may be an additiQnal class Qf members, the remaining directQr shall be elected by all Qf the members Qf the cQrpQratiQn present at the annual meet ing.

(2) The number Qf directQrs may be increased by by-law sO' that each class Qf membership may be represented by Qne directQr.

(3) Until Qther directQrs have been elected, the perSQns mentiQned by name in sectiQn 3 are hereby cQnstituted prQ visiQnal directQrs Qf the corpQra tion and shall hQld Qffice until the first general meeting Qf the cQrpQratiQn.

(4) At the first general meeting Qf the cQrpO'ratiQn and at each annual meeting thereafter, a bQard Qf directQrs shall be elected in such manner as may be prQvided by the by laws subject to' subsectiQns (1) and (2). 9. The bQard Qf directQrs may make by-laws fQr the government and prQper administratiQn Qf the prQperty, affairs, business and interests of the cQrpQratiQn and fQr the electiQn Qr apPO'intment and retirement or removal of directQrs and officers Qf the cQrpQratiQn and generally for the gQvernment and management Qf the affairs Qf the CQr PQratiQn and the carrying Qut Qf its objects, including: 4 (

a) the qualificatiQns fQr and cQnditiQns Qf membership in the cQrpQration; (

b) the cQmmencement Qf business Qf the cQrpO'ratiQn and the date Qf the first and subsequent annual meetings; (

c) the representatiQn and vQting PO'wers Qf the mem bers and particularly Qf the grQUp subscribers; (

d) the methQd Qf giving nQtice, by advertisement Qr Qtherwise, Qf an annual Qr Qther meeting Qf the members Qf the CQrpQra tiQn ; (

e) the amQunt of the enrQlment fees and annual fees payable by the different classes Qf members and the cQllectiQn Qf fees; (

I) the payment to' the prQfessiQnal members and Qther pharmacists and persQns Qf apprQved accQunts fQr

10. Liability of members of corporation is limited. II. Corporation is not liable in respect of professional services rendered. 12. Head office of corporation. 13. The corporation deemed not to be carrying on the business of insurance. 14. Application of The Companies Act. 15. Commencement of Act. 5

services rendered to persons entitled to benefits provided by the corporation; (

g) the conditions under which a member shall cease to be a member or 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 included; (

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 meeetings of the board or committees thereof; (

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

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

m) the establishment of branch offices at places other than the place where the head office is situated. 10. No member of the corporation is in any way liable, accountable or chargeable for any debt, claim or demand due or payable by, or for any act or default of the corpor ation, provided that no professional member or other pharmacist or other person is relieved by this

section from any claim for damages or otherwise to which he would be liable if this Act had not been passed. 11. The corporation is not liable for any act or omission by any professional member or other pharmacist or person arising out of or in connection with the treatment 'Of any person entitled to the benefits provided by the corporation. 12. The head offiee of the corporation shall be at the city of Edm'Onton or at such other place in the Province as the board of directors may decide. 13.

Notwithstanding anything contained in The Alberta Insurance Act, the corporation shall be deemed not to be undertaking insurance or carrying on the business of insur ance in furnishing pre-paid prescribed drugs and pharma ceutical or other services to its members. 14. Secti'Ons 130 and 2·55 of The Companies Act do not apply to the corporation but sections 118 to 120 thereof apply to the corporation. 15. This Act comes into force on a date to be fixed by Proclama tion. 5

No. 103 THIRD SESSION FIFTEENTH LEGISLATURE 14 ELIZABETH II 1966 BILL

An Act to Incorporate Pharmaceutical Services (Alberta) Incorporated Received and read the First time Second time ..................................... . Third time ..................................... . HON. DR. Ross Title: 1966 (15th, 3rd) Bill 103,

An Act to Incorporate Pharmaceutical Services (Alberta) Incorporated

Document details

Collection	Alberta — Bills
Citation	L15 S3 1409
Type	bill
Volume / chapter	L15 S3 1409
Language	en
Format	json
Source	PROVINCIAL
Identifier	8af164b1c96ea577c6f87a979d1c2e08aaac0ccd

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