Bill 54 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bill 54 Chiropractic Profession Act (Legislature 20, Session 2)

L20 S2 3524

Alberta — Bills

1984 BILL 54 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 54 CHIROPRACTIC PROFESSION ACT HON. MR. KING First Reading Second Reading Committee of the Whole Third Reading Royal Assent

BiU 54 BILL 54 1984 CHIROPRACTIC PROFESSION ACT (Assented to , 1984) TABLE OF CONTENTS

Definitions 1 PART1 PRACTICE OF CHIROPRACTIC Exclusive scope 2 Exemption 3 Use of title 4 Injunction 5

PART 2 COLLEGE OF CHIROPRACTORS College 6 Council 7 Composition of the Council 8

PART 3 REGISTRATION Powers of the Universities Co-ordinating Council 9 Reciprocal agreements 10 Registrar 11 Registers to be maintained 12 Registration Committee 13 Register of Registered Members Register of registered members 14 Review by Council 15 Applications for registration 16 Registration of registered members 17 Annual certificate 18 Register of Professional Corporations Register of corporations 19 Permit for corporation 20 Termination of permit 21 Liability of shareholders and employees 22 Voting agreement with non-members prohibited 23 Application of Act 24 Member-patient relationship 25 Use of tide 26 Action for fees 27

PART 4 SUSPENSION AND CANCELLATION Suspension and cancellation 28 Cancellation by request 29 Cancellation by default 30 Cancellation of registration made in error 31 Reinstatement 32 Notice to Minister of Hospitals and Medical Care 33 Cancellation of falsely obtained registration 34 PARTS PRACTICE REVIEW BOARD Practice Review Board 35 Powers of the Board 36 Duties on conclusion of inquiry or review 37

PART 6 DISCIPLINE

Definitions 38 Discipline Committee 39 Unskilled practice or professional misconduct 40 Complaints 41 Preliminary investigation 42 Report of preliminary investigation 43 Referral to the Discipline Committee 44 Notice 45 Appeal by complainant to Discipline Committee 46 Suspension pending decision 47 Rights of investigated person 48 Notice of hearing 49 Further investigation 50 Evidence before Committee 51 Witness 52 Attendance of witnesses and production of documents 53 Failure to attend or give evidence 54 Hearing in absence of investigated person 55 Findings of Committee 56 Orders of Discipline Committee 57 Payment ofcosts and fine 58 Written decision 59 Service of decision and record of hearing 60 Examination of record 61 Rehearing 62 Stay pending appeal 63 Appeal to Council 64 Notice and hearing of appeal 65 Ccuncil's powers on appeal 66 Appeal to Court 67 Appeal on the record 68 Power of Court on appeal 69 Misrepresentation of status ^^

PART 7 GENERAL Service of documents "l}. Certificate of Registrar Iz Protection from liability ^^ Municipality prohibited from requiring licence ''*

Regulations By-laws Practice prohibition Penalties Onus of proof PARTS REGULATIONS AND BY-LAWS

PART 9 PROHIBITIONS AND PENALTIES 75 76 77 78 79

PART 10 TRANSITIONAL AND CONSEQUENTIAL Registration continued 80 Council continued 81 Application for registration continued 82 Discipline proceedings continued 83 Consequential 84-90 Repeals RSA 1980 cC-9 91 Coming into force 92 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "approved chiropractic professional association" means a chiropractic professional association designated as an approved chiropractic professional association under

Part 3; (b) "approved faculty of chiropractic" means a faculty of chiro practic designated as an approved faculty of chiropractic under

Part 3; (c) "by-laws" means by-laws of the Council made pursuant to

section 76; (d) "chiropractic" means the branch of the healing arts con cemed with the restoration and maintenance of human health by the chiropractic adjustment or manipulation ofthe spinal column and other articulations ofthe body and includes the use of x-ray and such other analytical instruments, therapies and diagnostic procedures as may be prescribed in the regulations; (e) "chiropractic adjustment" means a calculated procedure, force or thrust designed to affect the nervous system, primarily by movement of one structure in relation to another, within the spinal column and other articulations; (f) "College" means The College of Chiropractors of Alberta; (g) "Council" means the Council of the College; (h) "Discipline Committee" means the Discipline Committee es tablished under this Act; (i) "former Act" means the Chiropractic Profession Act,

chapter C-9 ofthe Revised Statutes of Alberta 1980;

(j) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in Council with the admin istration of this Act; (k) "permit" means a permit issued to a professional corporation pursuant to

section 20; (I) "Practice Review Board" means the Practice Review Board established under

Part 5; (m) "professional corporation" means a corporation that is the holder of a subsisting permit; (n) "registered member" means a person who is issued a certifi cate of registration under this Act and who holds an annual cer tificate entithng him to engage in the practice of chiropractic; (o) "registered practitioner" means a person registered in a reg ister described in

section I2(l)(

c) who is entitled to practise chi ropractic subject to conditions or restrictions, but does not in clude a registered member or a professional corporation; (p) "Registrar" means the Registrar appointed under

section 11. PARTI PRACTICE OF CHIROPRACTIC Exclusive scope 2(1) Subjcct to the provisions ofthis or any other Act entitling a person to practise a science, therapy or system of practice, a person is guilty of an offence who, not being a registered member, a regis tered practitioner or a professional corporation, practises chiroprac tic.

(2) Nothing in this Act authorizes or allows a registered practitioner who is the holder of a certificate of registration to practise chiroprac tic contrary to the limitations, conditions or restrictions applicable to the certificate of registration or to the registered practitioner.

(3) Nothing in this Act applies 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. Exemption 3 After the Minister has consulted with the Council and on the Minister's recommendation, the Lieutenant Govemor in Council may exempt a person or class of persons from the application of

section 2(1) subject to any terms and conditions imposed by the Lieutenant Govemor in Council. Use of title 4 No pcrson, except a registered member, registered practitioner or a professional corporation, shall represent or hold out, expressly or by implication, that (

a) he or it is entitied to engage in the practice of chiropractic, or (

b) he or it is entitied to represent or hold himself or itself out as a registered member, registered practitioner or professional corporation, as the case may be, and, without restricting the generality of the foregoing, no person except a registered member shall advertise or use the title "Doctor

Injunction of Chiropractic", "Chiropractor" or "Registered Chiropractor", or any suffix, prefix, word, title or designation, abbreviated or otherwise implying that he is registered as a member of the College or that he is engaged in or entitled to engage in the practice of chiropractic. 5 The Court of Queen's Bench, on application by the Council by way of originating notice, may grant an injunction enjoining any person from doing any act that contravenes

section 2(1), 4 or 77, notwithstanding any penalty that may be provided by this Act in respect of that contravention. College Council Composition of the Council

PART 2 COLLEGE OF CHIROPRACTORS 6(1) The Alberta Chiropractic Association is continued as a corpo ration under the name "The College of Chiropractors of Alberta".

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

(3) A registered member is a member ofthe College. 7(1) There is hereby established a goveming body of the College called the Council.

(2) The Council shall manage and conduct the business and affairs of the College and exercise the rights, powers and privileges of the College in the name and on behalf of the College.

(3) The Council shall submit to the Minister an annual report on those matters ofthe business and affairs ofthe College that the Min ister requires in a form satisfactory to him.

(4) The Minister shall, on receipt ofthe annual report ofthe College, lay it before the Legislative Assembly if it is then sitting, and if h is not then sitting, wdthin 15 days after the commencement ofthe next ensuing sitting. 8(1) The Council shah consist of (

a) at least 6 registered members each of whom shall be elected by and from among registered members in accordance with the by-laws, and (

b) I member of the public who shall be appointed by the Min ister after consultation with the Council for a I year term of office.

(2) The members ofthe Council under subsection (1) shall elect from among themselves the officers ofthe College specified in the by-laws in the manner and for the term prescribed in the by-laws.

(3) A member ofthe Council appointed under subsection (l)(

b) con tinues to hold office after the expiry of his term of office until he is reappointed or his successor is appointed.

(4) The Minister may, after consultation with the Council, revoke the appointment of a member of the Council appointed under sub

section (l)(b).

Powers ofthe Universities Co-ordinating Council Reciprocal agreements

(5) The Minister may, in the absence of any payment by the Council to the member for that purpose, pay to a member of the Council appointed under subsection (l)(

b) travelling and living expenses in curred by that member for his attendance at any meeting of the Council while away from his usual place of residence and fees in an amount prescribed by the Minister.

(6) The powers, duties and operations ofthe Council are not affected by (

a) the fact that no one is appointed as a member ofthe Council under subsection (l)(b), (

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

c) the resignation fi-om the Council of a member appointed under subsection (l)(b).

(7) The failure of a member appointed under subsection (l)(

b) to attend a meeting ofthe Council does not affect or restrict the Council from exercising any powers or performing any duties at that meeting.

PART 3 REGISTRATION 9(1) The Universities Co-ordinating Council may (

a) grant to and withdraw from any academic institution the des ignation "approved faculty of chiropractic"; (

b) grant to and withdraw from a chiropractic professional asso ciation in a jurisdiction outside Alberta the designation "ap proved chiropractic professional association"; (

c) evaluate the academic qualifications of applicants for registra tion as registered members who have not obtained the degree of Doctor of Chiropractic from an approved faculty of chiropractic; (

d) set or administer examinations that it considers necessary to establish that the academic qualifications of the applicant are substantially equivalent to a degree of Doctor of Chiropractic from an approved faculty of chiropractic.

(2) A grant or withdrawal of a designation under subsection (l)(

a) does not come into force unless it is approved by the Lieutenant Govemor in Council, and, after consultation with the Universities Co-ordinating Council, may be amended by the Lieutenant Gover nor in Council at the time it is approved. 10 If, in the opinion of the Universities Co-ordinating Council, the qualifications required to practise chiropractic in a jurisdiction out side Alberta are substantially equivalent to the qualifications for reg istration as a registered member or registered practitioner under this Act, the College may enter into a reciprocal agreement with a body, council or board goveming the practice of chiropractic in a junsdic- tion outside Alberta whereby (

a) the qualifications to practise chiropractic in the jurisdiction outside Alberta may be recognized as sufficient qualifications for

Registrar Re^sters to be maintained Registration Committee registration as a registered member or registered practitioner under this Act, and (

b) the qualifications necessary for registration under this Act as a registered member or registered practitioner may be recognized in the jurisdiction outside Alberta as sufficient qualifications to practise chiropractic in that jurisdiction. 11(1) The Council shall appoint a Registrar for the purposes ofthis Act.

(2) In addition to the powers, duties and functions of the Registrar under this Act, the Registrar has any additional powers, duties and functions prescribed by the Council or in the by-laws. 12(1) The Registrar shall maintain, subject to the direction ofthe Council, the following registers: (

a) a register of registered members; (

b) a register of professional corporations; (

c) a register for each class or category of registered practitioner established under the regulations.

(2) The Registrar shall during regular office hours permit any person to inspect the registers described in subsection (1). 13(1) There is hereby established a Registration Committee ap pointed by the Council in accordance with the by-laws.

(2) The Registration Committee may delegate its authority under this Act to the Registrar. Register of registered members Register of Registered Members 14(1) The Council shall establish a register of registered members.

(2) The Registration Committee shall consider an application for the registration of an applicant as a registered member, and may (

a) approve the registration, (

b) refuse to approve the registration, or (

c) defer the approval of registration until the applicant has ob tained further experience of a kind and for a period set by the Registration Committee.

(3) If the approval of registration is deferred under subsection (2), the Registration Committee may authorize the applicant to be reg istered as a registered practitioner for the purpose of acquiring ex perience.

(4) An applicant authorized to be registered under subsection (3) shall practise chiropractic under the direct supervision of a registered member designated by the Registration Committee.

(5) The Registration Committee may revoke a registration author ized under subsection (3) at any time for any reason that it considers sufficient.

Review by 15(1) The Registration Committee shall send a written notice of a Council decision made by it to the applicant.

(2) If the decision ofthe Registration Committee is to refuse or defer registration ofthe applicant, reasons for the decision shall be sent in vmting to the apphcant.

(3) An applicant whose apphcation for registration is refused may within 30 days of receiving a notice of refusal request the Council to review the application by serving on the Registrar a written request for a review by the Council setting out the reasons why, in his opin ion, his application for registration as a registered member 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 applicant within 60 days of the date on which an applicant applied for registration, the application shall be deemed to have been refused.

(5) The Council shall, after receipt of a request for review under subsection (3), review the applicant's application for registration as a registered member.

(6) An apphcant who requests a review pursuant to subsection (3) (

a) shall be notified in writing by the Council of the date, place and time when the Council will review the applicant's applica tion, and (

b) is entitled to appear with counsel and make representations to the Council at the review of his application.

(7) A member of the Registration Committee who is also a member ofthe Council shall not vote on a decision ofthe Council.

(8) On reviewing an application under this section, the Council may make any decision the Registration Committee could have made. Applications for 16 An application for registration as a registered member shall not registration ^^ approvcd by thc Registration Committee unless the applicant (

a) produces documentation satisfactory to the Registration Committee that shows that (

i) he has obtained the degree of Doctor of Chiropractic from an approved faculty of chiropractic, (ii) the Universities Co-ordinating Council is satisfied that his academic qualifications are substantially equivalent to the degree of Doctor of Chiropractic from an approved faculty of chiropractic, or (iii) he is a member in good standing of an approved chiro practic professional association in a jurisdiction outside Alberta, and (

b) meets the character and other requirements set out in the regulations. 8

Registration of 17(1) The Registrar shall enter in the register of registered members memSrs thc name of a person (

a) whose application for registration as a registered member has been approved by the Registration Committee or the Council, as the case may be, and (

b) who has paid the fees prescribed in the by-laws.

(2) On entering the name of a person in the register of registered members, the Registrar shall issue a certificate of registration to him. Annual certificate 18(1) A registered member shall pay the annual fee prescribed by the by-laws to the Registrar, or to any person authorized by the Registrar to accept payment of the fee.

(2) The Registrar shall issue an annual certificate in accordance with the by-laws to a registered member (

a) whose registration is not under suspension or cancelled, (

b) who meets any requirements or conditions prescribed by the regulations for the issuance of an annual certificate, and (

c) who has paid on or before June 30 the annual fee as pre scribed in the by-laws.

(3) Subject to this Act, an annual certificate entitles a registered member to (

a) engage in the practice of chiropractic as a registered member during the year for which the annual certificate is issued, and (

b) represent or hold himself out as a registered member.

(4) An annual certificate expires on June 30 of the year for which it is issued. Register of corporations Permit for corporation Register of Professional Corporations 19(1) The Council shall establish a register of professional corpora tions.

(2) No corporation shall be registered as a registered member. 20(1) The Registrar shall issue a permit to a corporation that (

a) files an application for a permit in the form prescribed in the by-laws; (

b) pays on or before June 30 the annual fee described in the by laws; (

c) pays any other fee prescribed in the by-laws; (

d) satisfies the Registrar that it is a corporation limited by shares that is in good standing with the Registrar of Companies under the Companies Act or that is in good standing with the Registrar as defined in the Business Corporations Act; (

e) satisfies the Registrar that the corporation, by law or by virtue of its incorporating documents, has the capacity to carry on the business and exercise the powers set out in the by-laws;

Termination of permit Liability of shareholders and employees (

f) satisfies the Registrar that the name of the company is in accordance with the by-laws and contains the words "Profes sional Corporation"; (

g) satisfies the Registrar that the legal and beneficial ownership of all the issued shares of the corporation is vested in one or more registered members and that all ofthe directors ofthe cor poration are registered members; (

h) satisfies the Registrar that the persons who will carry on the practice of chiropractic on behalf of the corporation are registered members.

(2) A permit expires on June 30 ofthe year for which it is issued.

(3) A permit may be suspended or cancelled or its renewal withheld by the Registrar when any of the conditions specified in subsection (1) cease to be fulfilled.

(4) When the Registrar issues a permit to a corporation under this section, he shall enter the name of the corporation in the register of professional corporations. 21(1) If a corporation ceases to fulfil any condition specified in sec tion 20(1) by reason only of (

a) the death of a registered member, (

b) the striking off or other removal from the register ofthe name of a registered member, or (

c) the suspension of a registered member by the College, who is a shareholder ofthe corporation, the corporation has a period of 90 days from the date of death, striking off or other removal or the suspension, as the case may be, in which to fulfil the condition, failing which the permit is automatically terminated effective on the expiration of the 90-day period without the necessity of an order of the Council.

(2) In the event of the death of a registered member, the Council may in writing order that the 90-day period provided for in subsec tion (1) be extended for such further period as it considers reason able. 22(1) Notwithstanding any provision to the contrary in the Compa nies Act or the Business Corporations Act, every person who is a shareholder of a corporation during the time that it is the holder of a permit or during the time that it acts in contravention of this Act or a predecessor of this Act is liable to the same extent and in the same manner as if the shareholders of the corporation were, during that time, carrying on the business of the corporation as a partnership or, where there is only I shareholder, as a practising registered member.

(2) The liability of any person in carrying on the practice of chiro practic is not affected by the fact that the practice of chiropractic is carried on by that person as an employee and on behalf of a profes sional corporation. 10

Voting agreement 23 No shareholder of a professional corporation shall enter into a memb^A" voting tmst agreement, proxy or any other type of agreement vesting prohibited in another person who is not a registered member the authority to exercise the voting rights attached to any or all of his shares. Application of Act 24(1) All the provisions ofthis Act, the regulations and the by-laws that are applicable to registered members apply with all necessary modifications to a professional corporation unless otherwise ex pressly provided in this Part.

(2) The relationship of a registered member to a professional cor poration, whether as shareholder, director, officer or employee, does not affect, modify or diminish the application to him ofthis Act, the regulations and the by-laws. Member-patient 25(1) Nothing Contained in this Part affects, modifies or hmits any relationship j^^ applicable to the confidential or ethical relationship between a registered member and a person receiving the professional services of a registered member.

(2) The relationship between a professional corporation carrying on the practice of chiropractic and a person receiving the professional services of the corporation is subject to all applicable laws relating to the confidential and ethical relationship between a registered member and his patient.

(3) All rights and obligations pertaining to communications made to or information received by a registered member apply to the share holders, directors, officers and employees of a professional corpora tion. Use of title Action for fees 26 No person shall engage in the practice of chiropractic within Alberta under any name or title containing the words "Professional Corporation" or the abbreviation "EC." unless that person is duly incorporated and the corporation holds a subsisting permit, and a person practising chiropractic in contravention ofthis

section is guilty of an offence and liable to a fine not exceeding $100 for every day on which that name or title is used. 27 A professional corporation may sue for fees for services per formed on its behalf and in its name by a person in his capacity as a registered member at any time after the services are performed, if the services were performed during the time that the corporation was the holder of a subsisting permit. Suspension and cancellation

PART 4 SUSPENSION AND CANCELLATION 28(1) The certificate of registration of a registered practitioner, the certificate of registration or annual certificate of a registered member and the permit of a professional corporation are suspended when a decision to suspend the certificate of registration, annual certificate or permit is made in accordance with this Act.

(2) The Registrar shall, after a decision to suspend a certificate of registration, an annual certificate or a permit has been made, enter a 11

Cancellation by request Cancellation by default Cancellation of registration made in error Reinstatement memorandum of the suspension in the appropriate register, indicat ing the period of the suspension.

(3) The certificate of registration of a registered practitioner, the cer tificate of registration or annual certificate of a registered member and the permit of a professional corporation are cancelled when a decision to cancel the certificate of registration, annual certificate or permit is made in accordance with this Act.

(4) The Registrar shall, after a decision to cancel a certificate of reg istration, an annual certificate or a permit has been made, enter a memorandum of the cancellation in the appropriate register.

(5) If the Registrar is satisfied that a person registered under this Act has died, he shall enter a memorandum to that effect in the register.

(6) The Registrar shall not remove from the registers any memoran dum made by him under subsection (2) or (4), except in accordance with the regulations.

(7) If the certificate of registration of a registered practitioner, the certificate of registration or annual certificate of a registered member or the permit of a professional corporation has been cancelled or suspended under this Act, the registered member, registered practi tioner or professional corporation shall surrender to the Registrar the certificate of registration, annual certificate or permit, as the case may be. 29(1) The Registrar shall not cancel the registration of a registered member, registered practitioner or professional corporation at his or its request unless the request for the cancellation has been approved by the Council.

(2) When a request for the cancellation of registration is approved by the Council, the Registrar shall cancel that registration. 30(1) The Council may direct the Registrar to cancel the certificate of registration of a registered practitioner, the certificate of registra tion or annual certificate of a registered member or the permit of a professional corporation who or that is in default of payment of annual fees, penalties, costs or any other fees, dues or levies payable under this Act, the regulations or the by-laws, after the expiration of 30 days following the service on the registered member, registered practitioner or professional corporation of a written notice by the Council pursuant to subsection (2), unless the person on whom the notice is served complies with the notice.

(2) The notice under subsection (1) shall state that the Registrar may cancel the registration unless the fees, penalties, costs, dues or levies are paid as indicated in the notice. 31 The Council may direct the Registrar to cancel the registration of any person made in error in a register. 32(1) The Council may direct the Registrar, subject to any condi tions respecting the payment of arrears and any reinstatement fee that the Council may prescribe, (

a) to reinstate in the applicable register a registration that was cancelled, and 12

Notice to Minister of Hospitals and Medical Care Cancellation of falsely obtained registration Practice Review Board (

b) to reissue (

i) in the case of a registered practitioner or registered mem ber, a certificate of registration or an annual certificate, or both, as the case may be, and (ii) in the case of a professional corporation, a permit to its former holder.

(2) If the Registrar cancels a registration, he shall not re-enter that registration in the register or reissue a certificate of registration, an nual certificate or permit until directed to do so by the Council or by order of a court of competent jurisdiction.

(3) A member of the Council who is a member of a committee of inquiry appointed pursuant to the regulations to consider any appli cation under this Part for reinstatement of a certificate of registration, annual certificate or permit may participate in or vote at any pro ceedings ofthe Council under this section, and the College's solicitor may participate in those proceedings. 33 The Registrar shall notify the Minister of Hospitals and Medical Care in writing forthwith on (

a) the cancellation or suspension ofthe certificate of registration of a registered practitioner, the certificate of registration or annual certificate of a registered member or the permit of a professional corporation, and (

b) the reinstatement or other termination of suspension of a cancelled or suspended certificate of registration, annual certifi cate or permit. 34(1) If the Council is satisfied, after a hearing on the matter, that a person obtained registration in I of the registers established under this Act by means of a false or fraudulent representation or declaration, either oral or written, the Council shall order that the registration be cancelled, and the certificate of registration, annual certificate or permit, as the case may be, shall be surrendered in accordance with

section 28(7).

(2) Part 6 applies with all necessary modifications to a hearing held by the Council under subsection (1). PARTS PRACTICE REVIEW BOARD 35(1) There is hereby established the Practice Review Board con sisting of not fewer than 5 persons as follows: (

a) at least 4 registered members who, in the opinion of the Council, have a combination of knowledge and experience suit able for fulfilling the responsibilities of the Board, and who are appointed by the Council, and (

b) I person appointed by the Minister from a list of no fewer than 3 members ofthe public nominated by the Council. 13

(2) If the Council fails, within 45 days 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 ofthe public to the Prac tice Review Board without the Council's nomination.

(3) A member of the Practice Review Board appointed under sub

section (l)(

b) continues to hold office after the expiry of his term of office until he is reappointed or his successor is appointed.

(4) The Minister may, in the absence of any payment by the College to the member for that purpose, pay to the member of the Practice Review Board appointed under subsection (l)(

b) travelling and living expenses incurred by that member for attendance at a hearing ofthe Board away from his usual place of residence and fees in an amount prescribed by the Minister.

(5) The Minister may, after consultation with the Council, revoke the appointment of the member of the Practice Review Board ap pointed under subsection (l)(b).

(6) The powers, duties and operations of the 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 (5) of the appointment of a member of the public, or (

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

(7) The failure of a member of the public appointed under subsec tion (l)(

b) to attend a meeting ofthe Board shall not be construed as affecting or restricting the Board from exercising any powers or per forming any duties under this Act, the regulations or the by-laws at that meeting. Powers of 36(1) The Practicc Rcvicw Board the Board (

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

i) the assessment and development of educational standards and experience requirements that are conditions precedent to continuing registration under this Act, (ii) the evaluation of desirable standards of competence of registered members and registered practitioners generally, (iii) 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 chiropractic under this Act and the regulations, and (iv) the practice of chiropractic generally, and 14

(

b) may conduct, in accordance with this Act and the regulations a review of the practice of a registered member, registered prac titioner or professional corporation.

(2) If a registered member, registered practitioner or professional corporation does not co-operate with the Practice Review Board in carrying out an inquiry or review, the Practice Review Board may make a complaint in writing to the Discipline Committee and the failure or refusal to co-operate may be held by the Discipline Com mittee to be professional misconduct. Duties on 37(1) After each inquiry or review under

section 36, the Practice conclusion of T» • T» j Review Board inquiry or review (

a) shall make a written report to the Council on the inquiry or review and, where appropriate, on its decision, (

b) may make recommendations to the Council regarding the matter inquired into or reviewed, with reasons for the recom mendations, (

c) may make recommendations to a registered member, regis tered practitioner or professional corporation as to his or its con duct in the practice of chiropractic, and (

d) if it is ofthe opinion that the conduct of a registered member, registered practitioner or professional corporation constitutes or may constitute either unskilled practice of chiropractic or profes sional misconduct within the meaning of

section 40, (

i) shall forthwith refer the matter relating to that conduct to the Registrar for an inquiry under

Part 6, and in such a case the Registrar shall deal with the referral as if it were a com plaint, and (ii) may, if it makes a referral under subclause (i), recom mend to the president of the College that the certificate of registration of the registered practitioner, the certificate of registration or annual certificate, or both, of the registered member or the permit ofthe professional corporation be tem porarily suspended pending the outcome of proceedings under

Part 6.

(2) On receiving a recommendation under subsection (l)(d)(ii), the president may, where there is a question of serious risk to the public, suspend the certificate of registration, annual certificate or permit, as the case may be.

(3) The registered member, registered practitioner or professional corporation may, by filing an originating notice with the Court of Queen's Bench and serving a copy on the chairman of the Practice Review Board, apply for an order of the Court staying the decision of the president. 15

PART 6 DISCIPLINE

Definitions 38 In this Part, (a) "chairman" means the chairman of the Discipline Commit tee and includes a vice-chairman; (b) "conduct" includes any act or omission; (c) "investigated person" means a registered member, registered practitioner or professional corporation with respect to whose conduct an investigation or hearing is held under this Part. Discipline 39(1) There is hereby established a committee called the Discipline Committee Committcc composcd of not fewer than 3 persons as follows: (

a) at least 2 registered members appointed by the Council in accordance with the by-laws, and (b) 1 person who is appointed by the Minister from a list of no fewer than 3 members of the public nominated by the Council.

(2) If the Council fails, within a reasonable period of time after being requested to do so by the Minister, to make the nominations for the purposes of subsection (l)(b), the Minister may appoint a member of the public to the Discipline Committee without the Council's nomi nation.

(3) A member of the Discipline Committee appointed under subsec tion (l)(

b) continues to hold office after the expiry of his term of office until he is reappointed or his successor is appointed.

(4) The Minister may, in the absence of any payment by the College to the member for that purpose, pay to the member ofthe Discipline Committee appointed under subsection (l)(

b) travelling and living expenses incurred by that member for attendance at a hearing of the Committee away from his usual place of residence and fees in an amount prescribed by the Minister.

(5) The Minister may, after consultation with the Council, revoke the appointment of the member of the Discipline Committee ap pointed under subsection (l)(b).

(6) The powers, duties and operations of the Discipline Committee are not affected by (

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

b) the revocation under subsection (5) of the appointment of a member of the public, or (

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

(7) The failure of a member of the public appointed under subsec tion (l)(

b) to attend a meeting ofthe Committee shall not be con stmed as affecting or restricting the Committee from exercising any powers or performing any duties at that meeting. 16

Unskilled practice or professional misconduct Complaints Preliminary investigation 40(1) Conduct of a registered member, registered practitioner or professional corporation that, in the opinion of the Discipline Com mittee, (

a) is detrimental to the best interests of the public, (

b) contravenes this Act or the regulations, (

c) harms or tends to harm the standing of the profession of chiropractic generally, or (

d) displays a lack of knowledge of or lack of skill or judgment in the practice of chiropractic, whether or not that conduct is disgraceful or dishonourable, consti tutes either unskilled practice of chiropractic or professional miscon duct, whichever the Discipline Committee finds.

(2) If an investigated person contravenes this Act, the regulations or the by-laws, and the contravention is, in the opinion ofthe Disciphne Committee, of a serious nature, the contravention may be found by the Discipline Committee to be professional misconduct whether or not it would be so found under subsection (1). 41(1) A person may complain to the Registrar about the conduct of a registered member, registered practitioner or professional corpora tion, and the complaint shall be dealt with in accordance with this Part and the regulations.

(2) If, after the registration of a registered member or registered prac titioner is removed, suspended or cancelled under this Act or any predecessor to this Act, or the permit of a professional corporation is suspended or cancelled, (

a) a complaint is made about the former registered member, registered practitioner or professional corporation, and (

b) the complaint relates to conduct occurring before the re moval, suspension or cancellation occurred, the complaint may, notwithstanding the removal, suspension or can cellation, be dealt with within 5 years following the date of removal, suspension or cancellation as if the removal, suspension or cancella tion had not occurred. 42 The Registrar (

a) shall, in a case where a complaint in writing is made to him under

section 41, forthwith on receipt ofthe complaint, or (

b) may, in a case where he believes the conduct of a registered member, registered practitioner or professional corporation con stitutes or may constitute unskilled practice of chiropractic or professional misconduct, commence or appoint a person from a list of persons previously approved by the Council to commence a preliminary investigation into the conduct of the registered member, registered practitioner or professional corporation. 17

Report of preliminary mvestigation Referral to the Discipline Committee 43(1) A person conducting a prehminary investigation may (

a) request any person to answer any questions and to produce to him any models, charts, documents, papers, notes, records, photographs, books, films 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 shall conduct the investigation in a manner considered by him to be most suitable in all the circumstances.

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

(4) A person conducting a prehminary investigation shall, forthvrith on concluding the preliminary investigation, report his findings to (

a) the Registrar, if the person conducting the preliminary inves tigation is a person other than the Registrar, or (

b) a member of the Disciphne Committee, if the person con ducting the preliminary investigation is the Registrar.

(5) If a registered member, registered practitioner or professional corporation does not co-operate with a person conducting a prelim inary investigation, the person conducting the preliminary investi gation may make a complaint in writing to the Discipline Committee and the failure or refusal to co-operate may be held by the Disciphne Committee to be professional misconduct. 44 The Registrar or the member of the Discipline Committee to whom a report is provided under

section 43(4) shall forthwith (

a) direct that no further action be taken, if he is of the opinion that (

i) the complaint is frivolous or vexatious, or (ii) there is insufficient evidence of unskilled practice of chi ropractic or professional misconduct. Notice Appeal by complainant to Discipline Committee or (

b) refer the matter under investigation in writing to the Disci pline Committee. 45 The Registrar or the member ofthe Discipline Committee shall serve on the investigated person and on the complainant, if any, a notice that no further action will be taken or that the matter has been referred to the Discipline Committee, as the case may be. 46(1) A complainant who is served with a notice under

section 45 that no further action will be taken may, by notice in writing to the Registrar mailed within 30 days of service ofthe notice under

section 45 on the complainant, appeal that direction to the Discipline Com mittee. 18

Suspension pending decision Rights of investigated person

(2) On an appeal under subsection (I), the Disciphne Committee shall determine whether (

a) the complaint is frivolous or vexatious, or (

b) there is sufficient evidence of unskilled practice or profes sional misconduct, and the matter under investigation should be the subject of a hearing, and shall notify the complainant in writing of its decision. 47(1) Notwithstanding anything in this Act, the chairman may rec ommend to the president of the College that the certificate of regis tration of the registered practitioner, the annual certificate of the registered member or the permit of the professional corporation be temporarily suspended pending the outcome of proceedings under this Part, and the president may, where there is a question of serious risk to the public, suspend the certificate of registration, annual cer tificate or permit, as the case may be.

(2) The investigated person may, by filing an originating notice with the Court of Queen's Bench and serving a copy on the chairman, apply for an order ofthe Court staying the decision ofthe president. 48(1) The College and the investigated person may appear and be represented by counsel at a hearing before the Discipline Committee.

(2) The Discipline Committee may be represented by counsel at a hearing before the Committee.

(3) Proceedings before the Discipline Committee or the Council shall be held in camera. Notice of hearing 49(1) On referral to it of a matter under

section 44(

b) or on deter mining under

section 46(2)(

b) that a hearing should be held, the Discipline Committee shall hold a hearing,

(2) The hearing referred to in subsection (

I) shall be scheduled for a date not more than 90 days after the date on which the matter is referred to the Discipline Committee or the determination is made, or within such other period as may be prescribed by the Council for the matter.

(3) The Registrar shall cause to be served on the investigated person at least 15 days before the hearing date a notice of hearing stating the date, time and place that the Discipline Committee vrill hold a hearing and giving particulars of the complaint or matter in respect of which the hearing will be held. 50 The Discipline Committee may investigate and hear any other matter related to the professional conduct or skill in practice ofthe investigated person that arises in the course of an investigation or hearing, but in that event the Discipline Committee shall give that person at least 15 days' notice before the hearing ofthe matter of its intention to do so. 51(1) The Discipline Committee is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Further investigation Evidence before Committee 19

Witness Attendance of witnesses and production of documents Failure to attend or give evidence

(2) For the purposes of an investigation, hearing or review under this Act, the Registrar, a person appointed by him under

section 42 and any member ofthe Council, the Discipline Committee or the Prac tice Review Board are conferred with the power of a commissioner for oaths under the Commissioners for Oaths Act. 52(1) The investigated person and any other person who in the opinion of the Discipline Committee, has knowledge of the com plaint or matter being investigated is a compellable witness in any proceeding under this Part.

(2) A witness may be examined under oath on all matters relevant to the investigation or hearing before the Disciphne Committee and shall not be excused from answering any question on the ground that the answer might tend to (

a) incriminate him, (

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

c) establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act, but if the answer so given tends to incriminate him, subject him to punishment or establish his hability, it shall not be used or received against him in any civil 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 College may direct the issuing of a commission for the obtaining ofthe evidence ofthe witness, and the commission shall be issued and the evidence taken pursuant to the Rules of Court. 53(1) The attendance of witnesses before the Discipline Committee and the production of models, charts, documents, papers, notes, rec ords, photographs, books, films 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 vritness is to attend and the models, charts, documents, papers, notes, records, photographs, books, films and other materials and things, if any, he is required to produce.

(2) On the written request of the investigated person or of his coun sel or agent, the Registrar shall without charge issue and deliver to that person or his counsel or agent any notices that he requires for the attendance of witnesses or notices for production under subsec tion (1).

(3) A vritness, other than the investigated person, who has been served wdth a notice to attend or a notice for production under subsection (

I) or (2) is entitied to be paid the same fees in the same manner as are payable to a witness in an action in the Court of Queen's Bench. 54(1) Proceedings for civil contempt of court may be brought against a witness 20

Hearing in absence of investigated person Findings of Committee Orders of Discipline Committee (

a) who fails (

i) to attend before the Discipline Committee in compliance with a notice to attend, or (ii) to produce any models, charts, documents, papers, notes, records, photographs, books, films and other materials or things in compliance with a notice to produce them, or (

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

(2) If the witness referred to in subsection (1) is the investigated person, his failure or refusal may be held to be professional miscon duct. 55 The Discipline Committee, on proof of service on the investi gated person of the notice of hearing, may (

a) proceed with the hearing in the absence of the investigated person or his or its agent, and (

b) act, decide or report on the matter being heard in the same way as though the investigated person were in attendance. 56(1) The Discipline Committee may find that the conduct of an investigated person constitutes neither unskilled practice of chiro practic nor professional misconduct.

(2) The Discipline Committee may find that the conduct of an in vestigated person constitutes unskilled practice of chiropractic or professional misconduct or both and shall deal with the investigated person in accordance with this Part. 57(1) If the Discipline Committee finds that the conduct of an in vestigated person constitutes unskilled practice of chiropractic or professional misconduct or both, the Committee may make any I or more of the following orders: (

a) reprimand the investigated person; (

b) suspend the certificate of registration of a registered practi tioner or the certificate of registration, annual certificate or both of a registered member either generally or from any field of the practice of chiropractic for a stated period; (

c) suspend the certificate of registration of a registered practi tioner or the certificate of registration, annual certificate or both of a registered member either generally or from any field ofprac tice until (

i) he has completed a specified course of studies or obtained supervised practical experience, or (ii) the Committee is satisfied as to the competence of the investigated person generally or in a specified field ofpractice; (

d) accept in place of a suspension the investigated person's un dertaking to limit his practice; 21

(

e) impose conditions on the investigated person's ability to en gage m the practice of chiropractic generally or in any field ofthe practice, including the conditions that he (

i) practise under supervision, (ii) not engage in sole practice, (iii) permit periodic inspections by a person authorized by the Committee, or (iv) report to the Committee or the Council on specific mat ters; (0 direct the investigated person to pass a particular course of study or satisfy the Committee or the Council as to his practical competence generally or in a field of practice; (

g) direct the investigated person to satisfy the Committee that a disability or addiction can be or has been overcome, and suspend the person's certificate of registration or annual certificate until the Committee is so satisfied; (

h) require the investigated person to take counselling that in the opinion of the Committee 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 or in respect of which the fee was unjustified for any reason; (

j) cancel the certificate of registration of a registered practitioner or the certificate of registration or annual certificate or both of a registered member, (

k) cancel or suspend, subject to any terms the Committee con siders appropriate, the permit where the investigated person is a professional corporation.

(2) The Discipline Committee may make any ancillary order that is appropriate or required in connection with any order mentioned in subsection (1) or may make any other order that it considers appro priate in the circumstances including that (

a) a further or new investigation be held into any matter, (

b) the Discipline Committee be convened to hear a complaint without a preliminary investigation, (

c) a matter be referred to the Practice Review Board, or (

d) a complaint or conduct be referred to any other entity having jurisdiction to review complaints.

(3) Where the Discipline Committee is satisfied that an investigated person has contravened an order under subsection (1) it may, without the necessity of a further hearing, cancel or suspend his or its certif icate of registration, annual certificate or permit, as the case may be, subject to any terms it considers appropriate. 22

Payment of costs 58(1) Thc Discipline Committee may, in addition to or instead of and fine dealing with the conduct of an investigated person in accordance with

section 57, order that the investigated person pay (

a) all or part ofthe costs ofthe hearing or appeal determined in accordance with the regulations, (

b) a fine not exceeding $10 000 for each finding of unskilled practice or professional misconduct and $50 000 in the aggregate for all such findings arising out of the hearing, to the College, or (

c) both the costs under clause (

a) and the fine under clause (

b) within the time set by the order.

(2) If the person ordered to pay a fine, costs or both under subsection (

I) fails to pay the fine or costs within the time ordered, the Council may suspend the certificate of registration, annual certificate or per mit of that person until he or it has paid the fine or costs.

(3) The Discipline Committee, if it finds that a complaint is frivo lous or vexatious, may order the complainant to pay the costs ofthe preliminary investigation and the hearing before the Disciphne Com mittee determined in accordance with the regulations.

(4) A fine or costs ordered to be paid to the College under this sec tion is a debt due to the College and may be recovered by the College by civil action for debt. Written decision 59 Thc Disciplinc Committee shall, within a reasonable time after the conclusion of a hearing before it, make a written decision on the matter, in which it shall (

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. Service of decision and record of hearing 60(1) The Discipline Committee shall forward to the Registrar (

a) the decision, and (

b) the record ofthe hearing, consisting of all evidence presented before it, including (

i) all exhibits, (ii) all documents, and (iii) a transcript of all testimony given before it, whether re corded electronically, mechanically or in handwritten form.

(2) The Registrar shall, on receiving the decision of the Discipline Committee and the record of the hearing referred to in subsection (I), serve (

a) a copy of the decision on the investigated person and the Council, and (

b) a notice of the decision on the complainant, if any. 23

Rehearing Stay pending Appeal to Council Examination of 61 The investigated person may examine the record or any part of record the rccord of the proceedings before the Discipline Committee and hear any recording or examine any mechanical or handwritten form of record of any testimony given before the Committee. 62 The Discipline Committee may (

a) if there is new evidence available which was not available or for good reason was not presented at the hearing under

section 49, and (

b) with the consent ofthe investigated person, rehear any matter already heard by it under

section 49 and, for that purpose, has all the same power and authority and is subject to the same duties as it had and was subject to in connection with the first hearing. 63(1) The decision of the Discipline Committee remains in effect pending an appeal to the Council unless the Council on application stays the decision pending the appeal.

(2) The decision of the Council remains in effect pending an appeal to the Court of Appeal unless the Court on application stays the decision pending the appeal. 64(1) An investigated person or the College may appeal to the Coun cil a finding or an order of the Discipline Committee.

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

a) describe the finding or order appealed, and (

b) state the reasons for the appeal.

(3) A notice of appeal under this

section shall be served on the Re gistrar within 30 days after the date on which the decision of the Discipline Committee is served on the investigated person, if he is appealing the decision, or on the Council, if the College is appealing the decision.

(4) The Registrar shall, on receiving a notice of appeal under subsec tion (3), give to each member of the Council a copy of the notice of appeal and make the record ofthe hearing available to each member of the Council. 65(1) The Registrar shall, on receiving a notice of appeal under sec tion 64, cause to be served on the investigated person a notice of hearing of an appeal stating the date, time and place when the Coun cil will hear the matters appealed.

(2) The Council shall (

a) if the registration or permit of the investigated person has been suspended under

section 37 or 47 pending the outcome of proceedings under this Part, hear the appeal within 30 days after the date of service of the notice of appeal, and (

b) if the registration or permit ofthe investigated person has not been so suspended, hear the appeal within 90 days after the date of service of the notice of appeal. Notice and hearing of appeal 24

Council's powers on appeal Appeal to Court

(3) The Council may, on the written request ofthe investigated per son or the College, extend the periods referred to in subsection (2) for 1 or more additional periods but, (

a) in a case to which subsection (2)(

a) applies, no such extension may be granted without the consent of that person, and (

b) in a case to which subsection (2)(

b) applies, no such extension may be for a period of more than 90 days. 66(1) The College and the investigated person may appear and be represented by counsel at the hearing of an appeal before the Council.

(2) A member of the Discipline Committee who is also a member of the Council may participate in an appeal before the Council but shall not vote in a decision of the Council on the appeal.

(3) The appeal to the Council shall be founded on a copy of the record of the proceedings before the Discipline Committee and the decision and order of the Committee.

(4) Sections 51 to 55 apply to proceedings before the Council.

(5) The Council on an appeal may (

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

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

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

(6) The Council shall, within 90 days from the date ofthe conclusion of all proceedings before it, do all or any of the following: (

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 further consider ation in accordance with any direction that the Council may make.

(7) The Council may make any award as to costs in proceedings, whether before it or the Discipline Committee, that it considers ap propriate. 67(1) An investigated person or the College may appeal to the Court of Appeal any finding or order made by the Council under

section 66.

(2) An appeal under this

section shall be commenced (

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

b) by serving a copy of the notice of appeal 25

Appeal on the record Power of Court on appeal Misrepresenta tion of status (

i) on the Council, where the investigated person is the ap pellant, or (ii) on the investigated person, where the College is the ap pellant, both within 30 days from the date on which the decision of the Council is served on the appellant. 68(1) The appeal to the Court of Appeal shall be founded on a copy of the record of the Discipline Committee and its decision and a copy ofthe finding and order ofthe Council and any further evidence received by the Council, all of which shall be certified by the Regis trar.

(2) The procedure in an appeal shall be the same, with the necessary changes, as that provided m the Rules of Court for appeals from a judgment of a judge of the Court of Queen's Bench to the Court of Appeal. 69(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 Discipline Committee for further consideration in accordance with any direction of the Court, or (

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

section 66 be held before the Court of Queen's Bench.

(2) The Court of Appeal may make any award as to the costs of an appeal to it that it considers appropriate. 70 The conduct of a registered member or registered practitioner who is or was registered under this Act or of a professional corpora tion that is or was the holder of a permit under this Act, as the case may be, and who represents or holds out that he is registered or that it is the holder of a permit and is in good standing while his registra tion or its permit is suspended or cancelled constitutes professional misconduct. Service of documents

PART 7 GENERAL 71 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 double registered mail at his address last shown on the register or records of the College or, if personal service or service by mail is not reasonably possible, then by pub hshing 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 College's register or records. 26

Certificate of Registrar Protection from liability Municipality prohibited from requiring licence 72(1) A certificate purporting to be signed by the Registrar and stat ing that a named person was or was not, on a specified day or during a specified period, (

a) a registered member, registered practitioner or professional corporation, or (

b) an officer ofthe College, a member ofthe Council or a mem ber of a committee established by this Act, the regulations or the by-laws, shall be admitted in evidence as prima facie proof of the facts stated in it without proof of the Registrar's appointment or signature.

(2) In a prosecution for an oflfence under this Act, it is sufficient proof of the offence if it is proved that the accused (

a) has done or committed a single act of practising in contra vention of this Act, or (

b) has committed on 1 occasion

an act prohibited by this Act. 73(1) No action lies against (

a) any person conducting a preliminary investigation, a member of the Council or of a committee or board estabhshed by this Act, the Registrar, the College or any person acting on the instruc tions of any of them, or (

b) any member, officer or employee of the College, for anything done by him in good faith and in purporting to act under this Act, the regulations or a by-law that relates to or is incidental to a professional matter or a matter of public interest that is or may be the subject of a regulation under

section 75.

(2) No action for defamation may be founded on a communication that consists of or pertains to the conduct of a registered member, registered practitioner or professional corporation if the communi cation is published to or by (

a) the College, (

b) a member of the Council, the Registration Committee, the Discipline Committee or the Practice Review Board, (

c) a person conducting a preliminary investigation, (

d) an officer or employee of the College, or (

e) a person acting on the instmctions of a person or entity re ferred 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. 74 No municipality has the power to require (

a) a registered member or registered practitioner to obtain a licence from the municipality to practise chiropractic or to carry on practice as a registered member or registered practitioner, or 27

(

b) a professional corporation to obtain a hcence from the mu nicipality to practise chiropractic.

PART 8 REGULATIONS AND BY-LAWS Regulations 75(1) The Couucil may make regulations (

a) establishing and providing for the pubhshing of a code of ethics respecting the practice of chiropractic, the maintenance of the dignity and honour ofthe profession of chiropractic and the protection ofthe public interest; (

b) estabhshing conditions, including character reqmrements with respect to the registration and conditional registration of regis tered members, registered practitioners and professional corpo rations; (

c) providing for the evaluation of experience and training re quirements for apphcants for registration as registered members and registered practitioners and for the examination of those ap plicants with respect to those requirements; (

d) prescribing standards for the practice of chiropractic; (

e) prescribing analytical instmments, therapies and diagnostic procedures which may be utilized in the practice of chiropractic; (0 prescribing restrictions, conditions or limitations on the prac tice of chiropractic by registered members, registered practition ers and professional corporations; (

g) respecting the procedures for hearings, inquiries, reviews and preliminary investigations by the Registrar or a person appointed by him, the Discipline Committee, the Practice Review Board and the Council in matters relating to the conduct or practice of registered members, registered practitioners and professional cor porations whether or not a complaint has been made; (

h) respecting the costs payable on the conclusion of an investi gation or hearing by the Discipline Committee or Council; (

i) respecting reviews ofthe practice of a registered member, reg istered practitioner or professional corporation by the Practice Review Board or a person authorized by that Board;

G) respecting registration procedures, the review of complaints and the practice of chiropractic generally, including employment practices of registered members and professional corporations; (

k) respecting the establishment and operation by the Council or a committee designated by the Council of a compulsory contin uing education program for registered members; (1) goveming the pubhcation of a notice of the suspension or cancellation of a certificate of registration, annual certificate or permit in a form and manner prescribed by the Council; (

m) goveming the nature or content of advertising, if any, which may be permitted; 28

(

n) respecting committees of inquiry for reinstatement under

Part 4, and goveming a person whose registration or permit has been removed, suspended or cancelled under this Act; (

o) prescribing how many members constitute a quomm of the Council; (

p) goveming, subject to this Act, the operation and proceedmgs and quomm of the Discipline Committee and the Practice Re view Board, the designation of chairmen and vice-chairmen, the appointment of acting members and the procedures for filling vacancies on the Committee, the Board or the Council and the appointment of ex officio members of the Committee, the Board or the Council and prescribing their terms of office, powers, du ties and functions; (

q) prescribing conditions to be met before an annual certificate is issued; (

r) establishing classes or categories of registered practitioners for the purposes of

section 12(l)(

c) and prescribing additional rights and duties of registered practitioners; (

s) respecting the establishment, content and maintenance of reg isters under

section 12(l)(c); (

t) respecting the removal from the registers of any memoran dum or entry made in them under this Act, the regulations or the by-laws.

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

a) a majority of registered members (

i) present and voting at a general meeting, or (ii) voting in a mail vote conducted in accordance with the by-laws, and (

b) the Lieutenant Govemor in Council. By-laws 76(1) The Council may make by-laws (

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

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

c) respecting the calling of and conduct of meetings of the Col lege and the Council; (

d) respecting the nomination, election, number and term of of fice of Council members and officers of the College, the filhng of vacancies on the Council and any committee or board established by the Council, the appointment of any individuals as ex officio members of the Council and of any committee or board estab lished by the Council, and prescribing their powers, duties and 29

functions, except the power to amend, repeal or suspend any by law of the Council; (

e) providing for the appointment of altemate members of the Council and procedures for the election of registered members and the nomination of members of the public for appointment by the Minister; (

f) providing for the division of the Province of Alberta into chiropractic electoral districts and prescribing the number of Council members to be elected from each district; (

g) providing for the term of office of the Registrar and his ad ditional duties, powers and functions, and the appointment of an individual as an Acting Registrar who has all of the powers and performs all of the duties of the Registrar under this Act, the regulations and the by-laws when the Registrar is absent or una ble to act or when there is a vacancy in the office of Registrar, (

h) prescribing the number of registered members that consti tutes a quomm at meetings of the College; (

i) providing for the delegation of any powers or duties of the Council under this Act, the regulations or the by-laws with or without conditions to a committee established by the Council; (

j) prescribing fees and expenses payable to members of the Council, and of committees and boards established under this Act, the regulations or the by-laws for attending to the business of the College; (

k) respecting the estabhshment of and payment of sums of money for scholarships, fellowships and any other educational incentive or benefit programs that the Council considers appropriate; (1) respecting the fees, dues and levies payable by registered members, registered practitioners and professional corporations to the College, or to a recipient designated by the College by by law; (

m) goveming the publication ofthe names of apphcants for reg istration as registered members, registered practitioners and professional corporations approved by the Registrar; (

n) requiring registered members, registered practitioners and professional corporations 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; (

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

p) prescribing the manner of proof as to matters required to be proved by applicants for permits; (

q) providing for the reinstatement or reissuance of any permit suspended or cancelled pursuant to an order ofthe Council under this Act, the regulations or the by-laws and prescribing the terms 30

and conditions on which reinstatement or reissuance of a permit may be granted; (

r) providing for the filing of periodic retums by professional corporations and the content of those retums; (

s) providing for the annual renewal of permits and prescribing the terms and conditions on which renewals may be granted; (

t) prescribing the objects of a professional corporation practising chiropractic under this Act; (

u) respecting the holding of votes by mail on any matter relating to the College; (

v) goveming the establishment, operation and proceedings of boards and committees, the appointment and revocation of members of boards and committees, the appointment of acting members and procedures for filling vacancies on boards and committees and for delegating any power or duty of the Council under this Act, the regulations or the by-laws to a board or com mittee estabhshed by the Council or under this Act, except the power to amend, repeal or suspend any by-law ofthe Council; (

w) goveming the names under which professional corporations may practise chiropractic.

(2) A by-law under subsection (1) does not come into force unless it is approved by a majority of members (

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

b) voting at a vote conducted by mail in accordance vrith the by-laws.

(3) The Regulations Act does not apply to by-laws of the College.

PART 9 PROHIBITIONS AND PENALTIES Practice 77(1) A pcrson whose certificate of registration, annual certificate or prohibition permit is cancelled or suspended under this Act or any predecessor to this Act shall not, v^thout the consent of the Council, practise chiropractic or directly or indirectly associate himself in the practice of chiropractic with a person permitted under this Act to engage in the practice of chiropractic.

(2) No person permitted under this Act to engage in the practice of chiropractic shah, except with the consent of the Council, associate in the practice of chiropractic directly or indirectly with, employ, or be employed by a person whose registration is cancelled or sus pended.

(3) If Council permits a registered member, registered practitioner or professional corporation to associate with, employ, or be em ployed by a person whose registration has been cancelled or sus pended under this Act, the association or employment shall be in the capacity and subject to the terms and conditions prescribed by the Council. 31

(4) It is an offence for a person to procure or attempt to procure registration under this Act by making a false or fraudulent represen tation or declaration, either oral or written, and any person know ingly aiding or assisting therein is also guilty of an offence. Penalties 78(1) Evcry pcrsou and every officer, employee or agent of a corpo ration who contravenes this Act is guilty of an offence and liable (

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

b) for a 2nd offence, to a fine of not more than $4000, and (

c) for a 3rd 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 alleged offence, but not afterwards. Onus of proof 79 In a prosecution under this Act, the burden of proving that a person is a registered member, registered practitioner or professional corporation is on the accused. Registration continued Council continued Application for registration continued [)iscipline proceedings continued Amends RSA 1980 cA-24

PART 10 TRANSITIONAL AND CONSEQUENTIAL 80 An individual who is a member ofthe Alberta Chiropractic As sociation under the former Act is deemed to be a registered member under this Act. 81 The members of the CouncU elected under the former Act are deemed to be members ofthe Council under this Act, elected for the same period and holding the same offices. 82 An application for registration made under the former Act but not concluded before the coming into force of this Act shaU be deah with under the former Act as though this Act had not come into force. S3(

l) Any complaint made or discipline proceedings that were com 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 after the coming into force ofthis Act when the complaint relates to conduct occurring aU or partly before the coming into force ofthis Act shaU be deaU with under this Act. 84 The Alberta Health Care Insurance Act is amended (

a) in

section 1(

e) by repealing subclause (

i) and substituting the following: (

i) with reference to services provided in Alberta, a registered member, registered practitioner or professional corporation under the Chiropractic Profession Act, and (

b) in

section 8(4)(

d) by striking out "the council of the Alberta Chiropractic Association" and substituting "the Council ot The College of Chiropractors of Alberta", and 32

Amends SA 1981 cB-15 Amends RSA 1980cC-20 Amends SA 1983 cL-10.1 Amends RSA 1980 cL-15 Amends RSA 1980cM-21 Amends RSA 1980 cR-3 Repeals RSA 1980 cC-9 Coming into force (

c) in

section 13(8)(

d) by striking out "the council of the Alberta Chiropractic Association" and substituting "the Council of The College of Chiropractors of Alberta or a discipline committee under the Chiropractic Profession Act". 85 The Business Corporations Act is amended in

section 7(2) by striking out "or" at the end of clause (d), by adding "or" at the end of clause (

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

f) The College of Chiropractors of Alberta. 86 The Companies Act is amended in

section 16(2) and (3) by strik ing out "or Optometry Profession Act" wherever it occurs and substi tuting ", Optometry Profession Act or Chiropractic Profession Act". 87 The Legislative Assembly Act is amended in

section 59 by strik ing out "Chiropractic Appraisal Board". 88 The Limitation of Actions Act is amended in

section 55 by re pealing clause (

c) and substituting the following: (

c) a registered member, registered practitioner or professional corporation under the Chiropractic Profession Act, 89 The Motor Vehicle Accident Claims Act is amended in

section 31(2)(

j) by striking out "chiropractors" and substituting "registered members, registered practitioners and professional corporations under the Chiropractic Profession Act". 90 The Radiological Technicians Act is amended in

section 11 by repealing clause (

c) and substituting the following: (

c) a registered member, registered practitioner or professional corporation under the Chiropractic Profession Act, 91 The Chiropractic Profession Act,

chapter C-9 ofthe Revised Stat utes of Alberta 1980, is repealed. 92 This Act comes into force on Proclamation. 33 Title: 1984 (20th, 2nd) Bill 54, Chiropractic Profession Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3524
Type	bill
Volume / chapter	L20 S2 3524
Language	en
Format	json
Source	PROVINCIAL
Identifier	b42be1b389b41e1d62a90c72d16b511885a75dc5

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