1967 Bill 39 Fifth Session, 15th Legislature, 15 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 39

An Act respecting Psychologists THE MINISTER OF HEALTH First Reading ............................................................ . Second Reading Third Reading .............. . . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 39 1967

An Act respecting Psychologists (Assented to , 1967) HER 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 Psychologists Act. 2. In this Act, (a) "association" means The Psychologists Association of Alberta as constituted by this Act; (b) ~'certified psychologist" means a person registered under

Part 2; (c) "'Co-ordinating Council" means the Universities Co-ordinating Council constituted under The Uni­ versities Act; (d) "council" means the council of the association or, when

section 11 applies, a committee constituted under that section; (e) "psychology" means the science dealing with the nature, function and phenomena of human be­ haviour but does not include psychiatry; (I) "Registrar') means the Registrar of the association.

PART 1 THE PSYCIHOLOGISTS ASSO'CIATION 3.

(1) The Psychologists Association of Alberta as here­ tofore constituted is continued by that name as a corpora­ tion.

(2) In additon to the powers vested in it by

section 14 of The

Interpretation Act, 1958 and by this Act, the associa­ tion has power to acquire and hold real property and sell, lease or otherwise dispose of the same at pleasure. 4. In every year a general meeting of the association shall be held, which shall be the annual meeting.

Explanatory Notes I. This Bill will replace The Psychologists Association Act which is

chapter 79 of rthe Statutes of Alberta, 196.0. The pur­ pose ·of the Bill is to place all psychologists under the jurisdiction of the council of the association with respect to professional conduct and discipline, whether they 'are members of theassocia.;. tion or not. At -the present time the association may only discipline its own members; no one has authority over psychologists who are not members. The Bill is divided into \2 Parts;

Part 1 dealing with The Psychologists Association and

Part 2 providing for the registra­ tion and discipline of Certified Psychologists. 2.

Definitions. 3. The association is continued asa corporation. 4. Annual general meeting of the association to be held.

(1) The affairs of the association shall be managed by a council of 10 members of the association, consisting of the president, the past president, president-elect, vice-presi­ dent, the secretary-treasurer and the chairmen of the standing committees on membership, on ethics, on publica­ tions, on publicity and on professional affairs.

(2) At every annual meeting the members of the associa· tion shall elect the members of the council and the chairmen of the standing committees.

(3) The members of the council may hold office until the next annual meeting following ele,ction.

(4) Where a vacancy occurs on the council during any year, the council shall appoint a member of the association to fill the office for the balance of the term of office.

(5) Six members of the council constitute a quorum. 6. The president shall act as presiding officer at the meetings of the council and of the association and may vote only when votes are evenly divided. 7. The council shall appoint a Registrar of the associa­ tion, who need not be a member of the council or a member of the association. 8.

(1) The association may make by-laws (

a) governing (

i) membership and the keeping of a register of members, (ii) the fees payable by a person applying for membership, not exceeding $50 for anyone applicant, (iii) the voting by the association of the funds necessary for the activities and duties of the council, (iv) the discipline and conduct of members, (

v) the investigation of complaints of unprofes­ sional conduct, incompetency or want of skill on the part of members, (vi) the expulsion or suspension of any member for unprofessional conduct, incompetency or lack of skill, , (vii) the reinstatement of any member who has been expelled or suspended, and (viii) the meetings of the council, the procedure to be followed and the manner of voting thereat and the qualifications for voting, (

b) prescribing the manner of investing the funds of the association, (

c) setting out the duties of the officers and the times and places of the meetings Qf th~ association,

s. The association's affairs are t·o be managed by 'a council. 6. Functions of the president. 7. Registrar of association to be appointed. 8. The association may make by-laws governing its ·affairs. 2

(

d) providing for the payment of annual dues not in excess of $100, (

e) providing for the suspension of members in arrears of dues, (

f) providing for the reinstatement of members upon the payment of arrears of dues, (

g) governing the granting of honorary memberships and associate memberships in the association, (

h) providing for the holding of conferences and meet­ ings of an informative or cultural nature and for the publication of magazines, periodi,cals and single papers, (

i) providing for reciprocal membership agreements with psychologist associations in other provinces whose stipulated qualifications for membership are at least the equivalent of those required under sec­ tion 9, and (

j) providing for such other matters or things as are necessary to carry on the affairs and business of the association in accordance with the intent of this Part.

(2) An honorary member or an associate member of the association is not a member of the association for the purposes of

section 5 and

section 9 does not apply to such a member. 9.

(1) The academic qualifications and examination of candidates for admission to membership in the association is under the control of the association, in aceordance with this Part and the by-laws of the association.

(2) A person shall be admitted as a member of the association (

a) whose academic qualifications have been approved by the .council in accordance with the by-laws of the association, (

b) who has shown himself, to the satisfaction of the council, to be of good character and reputation, (

c) who has satisfied the Registrar that his name has not been removed for cause from the register of any psychological association, institute, society or college or any similar body in Canada or elsewhere, and (

d) who pays the prescribed membership fee.

(3) The council may, by order, suspend or expel any member of the association in accordan.ce with its by-laws.

PART 2 CERTIFIED PSYCHOLOGISTS 10.

(1) The right to practise psychology in the Province is not dependent upon membership in the association but is 3

9. Requirements for membership in the association. Members do not necessarily have to be certified psychologists. 10. Subject to the restrictions set out in this Part the council of the association is given jurisdiction over all psychologists practis­ ing in. the Province, whether they are members of the association or not. 3

under the control of the council of the association, subject to this Part and the rules and regulations made hereunder.

(2) The Lieutenant Governor in Council may make regulations respecting the registration and discipline of certified psychologists and governing the council in the exercise of its functions under this Part, and where any conflict arises between any such regulation and any rule made by the council pursuant to

section 12 the regulation prevails. 11.

(1) At all times during which there are fewer than five certified psychologists as members of the council, the functions, powers and duties of the council under this Part shall be exercised by a certification committee appointed pursuant to subsection (2).

(2) When a ,certification committee is required under subsection (1), the council shall appoint a certification committee comprised of eight members of the association, at least four of whom shall be certified psychologists, and if at any time a vacancy occurs on a certification committee the council shall appoint an appropriate member to fill the vacancy.

(3) Subject to subsection (4) a certification committee is disestablished upon there being five or more certified psychologists on the council.

(4) Nothing in this

section shall be construed as depriv­ ing (

a) a council of jurisdiction over any disciplinary mat­ ter of which it was seized at the time a certification committee is appointed, or (

b) a certification committee of jurisdiction over any disciplinary matter of which it was seized at the time it is disestablished. 12. The council, with the approval of the Lieutenant Governor in Council, may make rules governing and pro­ viding for: 4 (

a) the keeping of a register of certified psychologists; (

b) the fee payable by persons applying for registra­ tion as a certified psychologist, not exceeding $50 for anyone applicant; (

c) the annual fee payable by certified psychologists for renewal of registration, not exceeding $100 a year for anyone person; (

d) the discipline and conduct of certified psych­ ologists; (

e) the investigation of complaints of unprofessional conduct, incompetency or want of skill on the part of certified psychologists;

II. If less than half the council members are certified psycholo­ gists, the functions of the council under this Part are to be exercised by a special committee at least half of whose membera are certified. 12. Rules governing certified psychologists may be m~de by ~e council, subject to approval by the Lieutenant Governor m Council. 4

(

I) the suspension or cancellation of the registration of any certified psychologist for unprofessional COD­ duct or incompetence; (

g) the reinstatement of any psychologist whose reg­ istration has been suspended or cancelled. 13.

(1) The evaluation of the academic qualifications of, and the examination of applicants for registration as cer­ tified psychologists is under the control of the Co-ordinating Council.

(2) The council shall enter into an agreement with the Co-ordinating Council for the conduct of examinations of applicants for registration.

(3) The subjects of all examinations under this Act shall be such as are prescribed by the Co-ordinating Council.

(4) The Co-ordinating Council may (

a) prescribe procedures to be followed with respect to applications for registration, (

b) prescribe application fees and examination fees to be paid by applicants, and (

c) establish and appoint a board of examiners in psychology and delegate to the board such of the Council's powers, duties and functions under this Act as the Council sees fit. 14.

(1) An applicant for registration as a certified psychologist who satisfies the Co-ordinating Council that he holds a masters degree in psychology given at any time by an Alberta provincial university or a degree taken else­ where which is its equivalent in psychological content.

(2) Notwithstanding subsection (1), by agreement with th~ council, the Co-ordinating Council may, in addition, re­ quire an applicant to whom subsection (1) applies to take such examinations as the Co-ordinating Council considers necessary to establish the competency of the applicant.

(3) The Co-ordinating Council shall issue a certificate certifying compliance with this

section to an applicant who has satisfied the Co-ordinating Council as to his educational qualifications under this section. 5

13. The academic qualifications ~equired of certified psycholo­ gists are under the control of the Universities Co-ordinating Council. 14. Basic academic qualifications required. 5

(1) When it considers it necessary or desirable to do so, the Co-ordinating Council may require an applicant for registration who cannot furnish -satisfactory credentials to pass such examination or examinations as the Co-ordinat­ ing Council may prescribe.

(2) The Co-ordinating Council shall issue a certificate to each applicant who passes the examination or examinations prescribed under subsection (1), -stating that the applicant has satisfactory educational qualifications for registration.

(3) To enable applicants whose educational qualifica­ tioni are not considered adequate for registration to estab­ lish the adequacy of their educational qualifications, the Co-ordinating Council may prescribe the completion of such courses and the passing of such examinations as it considers necessary. 16.

(1) A person is entitled to registration as a certified psychologist who (

a) produces a certificate from the Co-ordinating Council issued under

section 14 or 15, (

b) has shown himself, to the satisfaction of the council, to be of good character and reputation, (

c) satisfies the Registrar that he is not under suspen­ sion or prohibition to practise as a psychologist anywhere in Canada or elsewhere, and (

d) pays the pres,cribed registration fee.

(2) Notwithstanding subsection (1), any person who im­ mediately prior to the coming into force of this Act (

a) was a full member in good standing of the associa­ tion, or (

b) was certified under The Psychologists Association Act, is entitled to registration upon application therefor made to the Registrar within two years after the coming into force of this Act. 17.

(1) The Registrar shall keep and maintain a Register of Psychologists in which he shall enter the names of all persons who are entitled to registration as certified psychologists.

(2) The register shall be open to inspection free of charge during the normal office hours of the Registrar. 18. Subject to this Act and the rules, the first registra­ tion of a certified psychologist remains in force until the end of the calendar year in which the registration is made, and a certified psychologist in good standing is entitled to a renewal of his registration for each succeeding calendar year upon paying the prescribed fee therefor. 6

IS. Establishment of qualifications by examination. 1 tie .H.equirements for registratIOn as a certl!lect. PSYChOlOgIst. '17. A register of Certified Psychologists is to be maintained. 18. Duration of registration. 6

(1) Certificates of registration shall be issued by the Registrar and shall be numbered consecutively and reeorded in a register kept by the Registrar for that purpose.

(2) A certificate of renewal of registration may be issued toa certified psychologist upon payment of the prescribed annual fee. 20.

(1) Subject to this

section and the regulations, the council may, by order, suspend or cancel the registration of a certified psychologist for unprofessional conduct or in­ competency, upon a complaint thereof verified by statutory declaration being filed with the Registrar and a copy of the complaint being forwarded to the accused pSy'chologist.

(2) The registration of a certified psychologist shall not be suspended or cancelled by order of the council unless (

a) the psychologist is summoned to appear before the council and given an opportunity to be heard in his own defence, and (

b) the council hears under oath the evidence in sup­ port of the complaint, and if the accused psycholog­ ist wishes to be heard, the evidence on behalf of the accused psychologist. '

(3) For the purpose of a hearing under this section, the presiding officer of the council, or the person acting for him may administer oaths.

(4) All evidence offered by the complainant and by the accused psychologist shall be taken down in shorthand by a competent stenographer. 21.

(1) Any psychologist whose registration has been suspended or cancelled for unprofessional conduct or in­ competen,cy may appeal to the Supreme Court from the finding of guilt or the order of punishment, or both.

(2) An appeal shall be commenced by originating notice of motion filed within 30 days from the date on which the finding and order, if any, is made by the council.

(3) On the request of the appellant, the Registrar shall file a copy of the evidence taken at the hearing before the council with the clerk of the court for the judicial district in which the appellant resides.

(4) The court on hearing the appeal may: (

a) quash or confirm the finding of guilt; (

b) quash or confirm the punishment imposed or order a different punishment; (

c) give suph directions as to the costs of the appeal as seems JUst. 22.

(1) The Registrar shall enter in the Register of Psychologists the fact and date of 7

IS. Certificates of registration to be issued. "20. The "registr.ation of a certified psychologist m'ay ,be suspended for cause after a hearing upon a complaint. 21. A psychologist whose registration is suspended or cancelled by the council may appeal to the Supreme Court of Alberta. 32. A suspension or cancellation is to be recorded in the Register of Psychologists. 7

(a) (

b) the suspension, cancellation or reinstatment of the registration of a psychologist ordered by the coun­ cil, and the suspension, cancellation or reinstatement of the registration of a psychologist ordered by the Supreme Court.

(2) A suspension, cancellation or reinstatement of regis­ tration is effective on the date the entry thereof is made upon the register.

(3) The Registrar shall notify the Minister of Health of every suspension, cancellation or reinstatement of the registration of a psychologist. 23.

(1) A person (

a) who is not a certified psychologist, or (

b) who is a certified psychologist whose registration under this Act is under suspension, or (

c) who is not permitted under any other law of the Province to practise psychology, and who practises psychology is guilty of an offence and liable on

summary conviction to the penalties provided in

section 25.

(2) A person practises psychology (

a) who holds himself out to the public by any title or description of services containing the words "psy­ chology", "psychologist" or "psychological", and (

b) who, under any such title or description, offers to render or renders services of the nature ordinarily rendered by psychologists to any person, for hire, gain or hope of reward. 24. Any person who, by false or fraudulent representa­ tions, or declarations either orally or in writing, wilfully procures his registration as a certified psychologist is guilty of an offence and liable on

summary conviction to the penalties provided in

section 25. 25. A person who contravenes this Act is guilty of an offence and liable on

summary conviction, (

a) for a first offence to a fine of not more than $100, (

b) for a second offence to a fine of not more than $200, and (

c) for a third or subsequent offence to a fine of not more than $500, and in default of payment to imprisonment for a term not exceeding three months. 26. A prosecution for an offence under this Act may be commenced within two years from the date of the commis­ sion of the offence, but not thereafter. 8:

23. It is an offence for an unauthorized person to practise psychology. 24. Fraudulent registration an offence. 25. Fines. 26. Time for commencement of prosecution. 8:

27. A certificate purporting to be signed by the Reg­ istrar and stating that a named person was or was not, on a specified day or during a specified period, (

a) a certified psychologist or a certified psychologist whose registration was under suspension, or (

b) a member .of the association or a member of the as­ sociation whose membership was under suspension, or (

c) a member .of the council Dr an officer or servant .of the association, shall be admitted in evidence as prima facie proof of the facts stated therein without proof of the Registrar's ap­ pointment or signature. 28. No action lies against the council or any officer or servant of the association for any thing done under this Act in good faith notwithstanding any want of form in the proceedings. 29. The Psychologists Association Act is repealed. 30. This Act comes into force on the first day of July, 1967. 9 Title: 1967 (15th, 5th) Bill 39,

An Act respecting Psychologists