Bill 29 (Legislature 1, Session 1)

L1 S1 10457

Alberta — Bills

Short Title Organization and powers. B I L J, NO. 1906

An Act Res.pe cting The Dental Association of Alberta. (Assented to )

Whereas the profession of dentistry is extensively practised in t11e Province of Alberta, and it is exped ient for the protecition of the public that a certain standard of qualification should be required of each practitioner of said profession, and that certainJ privileees and protection should be afforded to such rJracti tioners, Now, therfd'ore, His Majesty, by and with tho advice ~~d consent of the legislative Assembly of Alberta enacts as follows:-

SHORT TITLE. 1. This Act may be cited as "The Dental Assooiat- ion Act". ORGANIZATION. 2.

The Association heretofore incorporated under the name of "The College of Dental Surgeons of the North v:est Territor~es" is hereby continued in the Province of Alberta under the name of "The Alberta Dental Association", and s:r .. .a;ll be deemed to be a bod:r corporate and politic, and by the said name shall :P.a ve perpetual succession ::md a common seal, with power to brE~ak, alter. chanee or make new the same, and by the name aforesaid may sue and be sued, implead and be impleaded, answer and be answer- eo unto j_n all Courts and places wha tsoevEJJr, and may have. hold., receive, enjoy, possess and retain for the

Persons who shall be memben1. Every person duly qualified a.nd regi sterod, etc. Everyone hereafter licensed and regis tered.

Board of Directors composition of. -2- the purrJoses of said Associa. tion c.ll such sums . ._ of money as ma.y at any time be given or bequeat)led to and for the use of the sarr.e, and. by the said name may purchase, take, bold and enjoy any real estate, or any estate or interest derived o:r arising out of real estate, for the purpose afore- said and for no other purpose, and may sell, grant, lease or otherwise dispose of the same; but the real estate so held by the said Association shall at no time exceed in annual value the sum of five thousand dollars. 3.

The following persons shall be members of and shall constitute the said Association. namely:- (

a) Every person who, at the time of the CO!Tline into force of this Act, is a duly qualified and reRistered member of The College of Dental SUrgeqJP of the North. West Territories under, the proYiBiona of "The Denta1 Profession Ordinance" being

chapter sixteen of the North West Territories Ordir1A.nce of 1903, (second session). or urtder any other Ord .. inance of the Legislature of the North j'/est Territories relating to the said College; (

b) Every person who shall hereafter be duly licensed and registered under the provisions of this Act. aoARD OF TIIP~CTORS. 4. There shall be a Board of Directors of said Association, which shall com~ist of five members, who shall, except as hereina:rt er provided, bold office for two years. Except at the first election of Directors after the passine; of this Act, three of said Directors shall be elected each second year. At the first election aforesaid five Directors shall be ;et,l~cted, three of whom shall be

Election Board. -3- be elected t~ hold office for two years and two for one year. The three Directors at such first election receiving the ~reatest number of votes shall be deemed to be elected for the two-year period, and tte two receiving the next largest number of votes shalJ be deemed to be elected for t~e one-year period.

In the event of a tie between any candiclates at such electio:tt the Presictent of the Association, at the time such election is held, is authorized to determine which of the parties affected by the tie is elected,, or which of ~1~h parties shall hold office for two years and which 'f'·or one year.

Any Director r!Ji:J.Y at any time resign' ·by letter directed to the Secretary; and, in ~he event of any such resignation or of a vacancy occurring by death or otherwise, the remaining members of the Board, or~ a majority o:r such remaini--ng members, shall elect some fit and proper person from am one the members of the Association to SUIJPlY such vacanc:,r. 5.

An election of Directors of the said Associat ion shall be held at sueh :place as shall be decided upon b;y the Directors on the second 1.:onday of .. :rune in ever;>~ year, t11e fj_rst election after the y;amdne of this Act beiilf held on the second Monday of June A.D. 1906. One month's notice of each election of' Directors shall be given 1 bY._£:l~c;~tiar by the Secretary to eRch member of the Association, provided that any oversight or omissi on in e;i vint; such not ice shall not void t:~e election.

If for an~r reason the election of Direct ors shall not be held on the date specified in this Act. it shall be held on ~uch date thereafter as shall be appointed by the Directors or by any ten :roombers of the Association in writing by a letter addressed to the Secretary.

Qualification of voters. Members of pre sent Board and officers continued. Votinc; to be by ballot. -4- (

a) In the event of the election of Directors not being held on any of the days afore said, the Directors in office shall continue to hold off'ice until their successors are appointed. (

b) The members of the Association may, at any election of Directors, cast their ballots without being actually present at the place where the e 1e ct ion is being held, provided that such ballots shall be sent or hanCled to the Secretary of the Association so as to be received by him prior to the hour fixed. for the holding of an election. In the event of ballots so sent or handed, the~r shall be sit;ned. by the members of' the Association votin 0 and shall set forth the names of the can d. id....9.t e s for whom such member votes.

In the event of any such ballot being marked for more names than there are vacancies. such ballot shall be rejected. Ballots so sent or handed shall be enclosed in an envelope, and shall be so marked on the outside as to indicate that the envelope contains a ballot. 6. The persons qualified to vote at 1ihe said election shall be those licentiates who have obtained certificates of license under the pro visions of this Act or any of said former Acts, and who are at the date of su oh electton duly regi ste red 1.mde r this Act. 7.

The meml)ers of the present Board of Direct ors and the offtcers of the said Association as at present constituted, until their successors are duly elected, shall continue to act ana. j3xercise all powers and authority as if they were elected un<ier this Act. e. The election of Directors shall be by ballot, and the licentiates receiving the hit'hcst number

iublication of :',oard. Election of officers. Meetings of Bourd for Examination, etc. 1\.!a j o ri ty must be present. By-laws and Rules. -5- number of votes shall be the Directors for the ~ t.>hen ensuine terra. 9. The Secretary of the Association shall publish in thP- "The Alberta G<.t.ze-tte11 the nal'l'1P. R of those persons who have been elected meml1ers of the Board of Directors, such publication to be made in the issue of the said razette arpearine next after the said election shall have been held, or so soon ther,~a:f:'ter as the Secretary can reason- ably cause the same to be published. OFFICERS. 10.

The Board of Directors at their first meeting shall elect from among themselves a ?resident, a Vice-President, a Secretary-Treasurer- Registrar. 11. The Board of Directors of the As so cia ti on shall hold two meetings in each and every year in such pJ.a.ce as may from time to time be fixed by the Board, for the purpose of conducting examin- a.tions, e;rantine certificates of license anCl. doine such other business as may properly come before them.

Such meetings shall be held on the second =·~onda.y in January and July of each year, and may be continued or adjourned until the business before the Board is disposed of. 1~~. The said Board shall have no power to transact any business of the ~\.ssocia tion. unless a majority of the members of such Board be }!resent. PO',','Ji~RS OF Bo.:•.PJ). 13. The Board of Directors shall from time to

Examination of candidates. ADpointment of examiners. Curriculum of studies. -6- to time m~tke such rules, reeula ti ons a11d b;:r-laws n.s m<:ty be necessary for the better caidance, e:overn- ment, discipline and regul:.:.tion of the said Board. ~mtl of the profession of dentistry and for t11n carrying out of this Act. 14.

The Board of :Directors of said Associ~).tion shall also have the authority to examinfl candidates, both for int ermed.ia te and fin<1l examina tio11.s. n.nd to ar•roint examiners to assist them in eonclrwtinr: such examinations or such portions thereof as they m;iy desire. and they may aocer)t the report of such examiners in respect to the Baid examinations or an~r !Jortions thereof, and the :)irectors ma~r grant certificates of license to practise dental snrgAry in this Province. 15.

The said :Board shall also h'J.ve power and authority to appoint one or more examiners for the ma tricula ti on or preliminary examination of all students entering the profession, or may aecert, in lieu of such matriculation or preliminary exam- ina tion, evio.ence that any student has pas:sed any other satisfactory examination. 16.

The Board shall also have the power and authority to :fix and. determine the peri oa. for which every student sba.ll be articled and employed. under some duly licensed and. registered practitioner and the examiru1. tions necessary to be :;::>as sed inc lu nine such interrne d.ia te exam ina tlons as the Boa rd. may think IJror)er, and. including the curriculum o:f stud1ies to be punmed \Jy students, and to fix anc1 determine t11e fees to bH pe.it'i into the hanc1s of the "Pre~Lsurer of the As so ciati on be fore the ap11li cant shall r0c- eive a certificate of license to practise the profession

Ea.tricula tion exam-· inution to be held ea.ch year. AlJ crJJ.1d:i.Cia tA.s for licens8 to be examined. -7- profession of dentistry or be entitled to recis- tration untler this Act, antl also to fix the annua1 fee to b() :pa.vabh; b:r each member o:f:' the Association. 17. The matriculation or preliminary examin- d.tion as 1)rovided i:n ti:1e fi:fteent!1

section o-r this Act shall be passed by all students 11rior to enter- ine into articles of indenture with a licentiate of d.enti:3try, provided that a certificate frof!l any rP cot;nized Uni ve rsi ty of thE~ Dominion of Canada, tha.t the intendine student has rna triculated accord- ine; to the curriculum of an;{ su.c1·1 Uni Vf:rsi ty, 8h::cll be taken lien of the matriculation or preliminary examination aforesaid. The commencemcmt of the term of any article(l student sh•=>.ll d:,1.te from the signing of his articles as aforesaicl. 18.

The Bo:-Lrct of Directors shall, at its reeular meetings. examine or cause to be ex.::unined all c ;~nrllt'l._;_t tes for license to 1n·:.::.cti .se c1enti ::.:try and for reeistration under this Act who present therr1selve:::; pUrf.llJ.<-m·t tu the l)I'Ovisions of the noxt l'Lt;;rment of fees, etc., before exa:rdnn.tion. 19. Every IJerson being desirous of beine e::xu.Ed.nell. by the said Board touc1li:ne- hi~: quu.lific- ations for the pnwtice of the said profession of denti:::;try shall, at least one month before the r;i tt i:nt; of ~·;cicl.

Board, puy into tD.e hand.B of the Treasurer tho reqnlrecl fees and furnisl1 him satis- factory evidence of his term of apprenticeship h~Lvine been fulfilled, and as to the a:;::>plicant' s integrity ancl eood morals.

Who entitled to a license. -R- 20. The following persons, upon payment of ., ·the required fees, shall be enti tlecl to receive certificates of license to practise dentistry in this I'rovi:nce from the board of Directors of said. Association, namely::- All persons pra.ctis- (a.) All pE.~rsons who were ancl bad been in ing six months prior to ~~, ;z. ::l. rv[J, 18~. ree;ular and continuous office practice in the Members of other provinciv,l or Bri ti sl1 collet;es u.dmitted to practise on certain terms. Holders of certif icate from Dominion Dent<.:\1 Couneilo.d mitted on certain terms.

North West Territories as dentists for a period of not less thro1 six months irrunediately pre- ce cling tlle in the year one thousand eie;.ht hundred and,~l\.lne"tF twe.; (

b) Any person who is a e;rHo.ua. te of uny school of dentistry of any of tbe Provinces of the Dominion of Canada having authority by law to grant certificates of license or diplomas to practise dentistry, or who is a member of any association or school of dentistry havin[ tl:e like povvers in the United =ane;dom of Great Britain and Ireland, and who, in either case, produces suffic- ient evic1.ence of such membership ancl testimonials of eood character and conduct and passes the final examination prescribed for ad~ission of students to practise; (

c) The Board of Directors she.ll have power to appoint one or more members of the Association as representatives of the Association u:pon the Dominion Dental Counci 1, a.nd the Board shnll, so long as re1)re sen te 0 on the said Cour•ci 1, accept the certifica,te of qualification of the said Dominion Dental Council as a qualification sufficient without further examination for the crantins to the holder thereof of a license to practise dentistry in the Province of Alberta. provided

Board. to grnnt license to J~·ractise. License to be sealed and signed. ~10 one under 21 entitled. Registration - how made, who en titled to. -9- provided such certificate is accor1panied by satis :~, factory evidence of the cood morG,l character of 21. If the Board is sa tis fiecl, by the ezo.m- ination r,rovided for in the eighteenth

section of this Act, that the person is duly qualified to rlractise the rlrofession of dentistry, or that he possesses any other of the foreeoine qualific- at ions. and is further satisfied that the <'!.IJplic- ant is a person of integrity and good moral character, it shall c:rant ::1im a certifj cate of license, subject to the rules, regulations and by-lD.WS promulgated under the .s.uthority of this Act, and the title of "Licentiate of :Dentul Sure;e~-n, which certificate and title shall en title him to all the riehts t:.ncl r)rivilee;es of this Act, subject, however, to the provisions of this Act respecting ree;istration. 22.

Every certificate of license shall be sealec1 with tlw corpo1·ate seal of the Asi;ocj_v.tion and signed by the Board of :Directors of said Assoc1ation, and the r)roduction of sue}~ certif- icate of license shall be prima-facie evidence in all courts of lav;r, and in all procecdir:e;s of what ever ~dnc1, of its e:xecu 1;j_ on and con tents. 23. No diploma or certificate of license shall bA t::rrcnted to an~r person uncl.er tl:e ae;e of tvventy- one years. I:EGISTRR - HEGifTRiiTIOn FF.ES. 24.

Every :person holdint; a Vt:.Llid and unfor- fei ted certificate of license to practise dentistry uncler the provisions of this Act, and who on or before

1\.cgistc~r to be kept. Registrar to de cid.e rie;ht , :.:Jubject to o.rJpeal. Name imr;ror)erly inserted mrty be erased. Person reeistered entitled t~ nortif icuto. -10- before the second !\~onday of January in each year shall have paid to the Registrar appointed by said Board a registration fee of two dollars. or who, h:::wine; durine; the then current year obtained a certificate of license from said Association to r)ractise the profession of dentistry, fortLwi th pays to the said Registrar a registration fee of tv10 cl.o llars. shall, subject to the other provisions of this Act, be entit1ed

t) have his name entered in the recister referred to in the next succeeding

section of this Act; and a copy of such register, certified by the said. Registrar, shall be evid ence in any court of justice in Alberta that the pe nmns therein named are the mer.1bers of the said Association for the said. :rear. 25. It shall be the duty of the Recistrar, as nearly as possible in each year, to make a correct registr;r, in the form in

Schedule A to this A·ct, of the nawes and addresses of all perr~ons who rr.ay be entitled. to rq;i stra t ion under this ,\ct ar; membe n; of the said Association for the then current year. 26. Ho r)erson slw.ll be entitled to have his name on the said reeister unle8s the Registrar is natisfied by proper evidence that such person is entitled. to bo registered, and any appeal from a decision of the I\egistrar shall be decided by the Board of Directors of said Association. 27.

If it shall at any time be proved to the satisfaction of the said Board that the name of any perEon ha.s been improperly inserted in the register for the year, such namP. may be o rased therefrom by orcler of said Board. r?8. UlJOn any person be ine reeistered u~1dor this

-11- this Act, he shull be entitled to recoive a certif- icate under the corporate seal of said Association aru:l sie;ned by t1w Ree;istn,r, in the form in

Schedule B to this Act or to the li".ce effect. J,ist of licentiates 29. The Secretary of the said Associut:l on to be sont to J:rovi l)cial So cret11ry. shall, on or be fore the first day of Fe1)r1JD,ry in Cnly registc;red persons entitled to practise. eac:h and every year, enclose to the :Provincial Secrctury a certified_ list of the names of all persons then registered as members of the sc:tid As ~1ocia ti on for the then current year. 30.

All persons registered. under this Act, ana. no others, shall be entitled to practise the 11rofession of dentistry in the 2'rovince of Alberta, unc<_ no perf:on sht;•ll be entitled to any of the privilee;es of a licentiate or mem1)E)r of the said As~;ociation, or to practise the profession of dentistry, who is in defanlt in respect of any fees paya. ble by hiri by virtue of this Act.

Only d.uly qua lifled 31. }fo person shull be er:ti tle d to rncover i11 yractitioners entitled to recover f(~es, etc. an~r court of law for any llrof"esf;ional services rersons not hold.inc u. proper ccntificate forbidden to practise under a penalty. rendered or materials provided 1;y hin1 in the exercise of the Drofession of a d.entist, unless he be a duly 1..mcl legally qualified lice11tiD.te of denth:;tr~r c.J.nc1 duly reE_;istered under the provisions of this Act. )103.FEI TURE-') l'Ji:NAI,TY. / 32.

If any person not hold.ing a valide certif- icate of license as aforesaid or not duly ree;is- tered, sha11 practice. within t!"ds -r:rovince, the saic1 profession of a.entistry, ei therpublicly or privately, for hire, eain, or hope of rnward, or shall

Charges of miscond.uct against a licentiate. -12- sh,::;.J.J. vo'hmtarily and falsely y;retena. to be a duly quc:,lified licentiate of dentistry, or asf;uPJe any title, addition or description lmplyine or calculated to lead people to infer or believe him to be du:~y a qualified 11centiate of dentistry, he shall be liable. upon convict ion in a sumrrary manner before any justice of the peace havine; juris d. iction where the offence is comoitted, to a penalty not exQeeding two rmr1dred dollars and 2;1.ot lesB than fifty dollars for the first offence, and for each antl every subsequent offence to a penalty of four hundred dollars. 33.

In caf; e a charge is made against any licentiate of unr)ro fessi anal conduct, or other misconduct provided fo::- by the by-Jaws passed or to be passed under the provisions of any of said former Acts or this Act, the Boa rd. of Directors shall have power to hear and determine · tho sarre, anc1 for this purpose to surmnon wit- nesses before them and administer an oat11 or affirrra ti on to such wi tne sees; antl if any lie entiat e :::J.w.J.l be fotml euil ty of the chn ree rre ferred ae:ail:1st him, he s1w.l1 forffd t llis certificate and title. and the same shall be cancelled.

Such forfeiture, however, may be annulled and the said license and all rights and privileges thereunder fulJ.y renevn~a. and. re storflll h::- GCl.id :aoar:l, in such manner uncl upon such conditions and terms as the aaicl Board s11all think fit; I'rovided. however, that nothing irt this Act containe(l shall empower the said Board to deal with any criminal or other offence

Forfeiture of 1 icense for mulr)ractice. Before whom prosec- nt ions may 1>e 11ronght, und how penu.lty recovered. Penalties may also be rec overe<l 1)y sul t. offence/provic.led for by law. 3•1. i1.ny licentiate vrho shall be convicted and the same shull be cancelled; but the Board shall have power to restore the same if it shall think fit and pro1)er, notice of fJu.ch rf'H3toration to be given for two weeks in some local me\7S- p~per to be determined upon by the Board. 35.

All prosecutions under the provisl.t)ns hereof may be brought and hearcl before any justice of the peace having jurisdiction where the offence is committed, and such justice of the peaco ohall have power, in addition to the aforesaid penalty, to award payment of costs; and in case suc11 1)enalty and costs be not paid forthwith a.fte r con:- viction, he shall }lave power to issue a warrant of clistress therefor against the goods ana.. chatte1:3 of the p:J.rty so convicted., and, i::1 de fau 1 t of clis tress. to orcle r imprisonment for an:; period not exceeding six months. 36.

Any peno.lties imposed by this Act mn.~l be al::30 proceeded for anc1 recovered by snit in any court of law having juris d. ic tion, ancl one-h8.lf of all penalties recovered shall eo to the pro- se cu. tor a.nd the rel.ua inCl..er shall be paid to t1le "· Trett.su.rer of the said Association rl.TICl form !'1.Tt of the fn.nds of the Association. Any 1)erson may be complainant or prosecutor; rrovided always that every such prosecution shall be commenced within six. months of the alleged offence. OnUf.l of proof. 37.

In any such prosecution and trial, the onns of rJroof a.s to being a legally qualified licentiate of dentj_stry ana. a duly registered member

Act not to interfere vv:l.th cerktil1 flrivi lccc s of 1111.ysic io.ns. surceons, etc. A du~y indentured student may rec :--;i 'Tc .i.nDt rn.o tl ons, etc. rre~snrer to rooeive ctlJ As:Joei.ntiun's funds. Fresent fe~s con ti:~ued. Al1 rules, etc., cant inuod. -14- member of said Association is upon the person chareea. 38.

Nothing in this Act contained shall interfere with the privileges conferred upon physicians and surgeons by the va.rious Acts relating to the 1)ractice of medicine anc1 surgery in this Province; but in case a regular physician or surceon sh~J.l.l desire to practice dentistr-J as a pro fe ss:i on an<J to publi ely ti.VOY/ hlrnse lf as a IJracti tioner of said profession of dent is try, he shall first obtain a license from said Board of Directors. b~r paying the ne cessnry fees an(l IJ'-1.~~;\- inc an examination in ol;erati>re and mechanical dentistry only .. 39. ~;othing in this Act shall prevent aoy duly indent<tre<l d.nd registered student of dentistry from receiving clinical instrnc ti.m and r1r:J. ctico U;iCter t!1e personal supe rvi si. on of a mem l)e r of the ,sa :Ld As soc i.a ti on. 40.

All rr.one;;rs for r•1inc 11a.rt of the fn:nd::: .of the sald As so cia tion shall be JX::.t d to the Treasurer, and shall be applied to carry on the ob~ects of this Act. 41. All feen that are now :payable unde1r the pruvisions of this Act ancl t11e Aots J."eferrt-od to ir: tho thir(l

section of thisL~ct and the by-laws of th0. sa:i.d Association shar! continue to be payctble. until duly changed ny the by-1av;s of the Association 1mrsuant to the provisions of t11is Act • .r>,. 42 • A±l rules; ret;ulat~ons and bv-ln.ws in J.orce at vhe pas:nng of thls Act shall be the rules, resulati ons ancl. by-laws of the said Associati.on, until a.rnend.ecl, altered or repealt3tl. und.er this ,\ct.

Form of Hes-iste r. Form of certif icate of ree;is tratio:(l. -15- The following are the schedules referrec1 to in this .Act:-

Schedule A - (Section 20) ~EGISTER. -------------------------------· ---------~--.. ------·---------------- --- ----------- Name Residence 1 Qualification ------------,----------------~r----------------- A. B. Edmonton 0 • D. Calsary E. F. r.:acleo d 1 Certificate of Tjicense, ' 15th rcarch, 189 !5. ' 6 months practise prior to~ v'~--.u(, t'68f, 1 1':em1Jer of ( sta t:ing name 1 of colleee or school 1 and vrJ:1e re situate)

Schedule B - (Sect ion 29.) C~?TIFICATE OF REGIST~ATION. I hereby certify that A.B., beint: the holder of a certificate of lie ense to practise the rro :f'ession of dentistry from the nental Association was, on the dav of .. • 19 clnly roeistered as a member of T.h"e :Dental Association, and is authoriz~d to practise his said profession up to tlu:; 3ls·t day of Decem1)or, 19 subject to the provisions of "The Dental Association (Signed), (Corporate Seal) ( of the ) (As~>ocLation ) Registrar of The Dental Ass oci!_ttion.

Title: 1906 (1st, 1st) Bill 29,

An Act Respecting The Dental Association of Alberta

Document details

Collection	Alberta — Bills
Citation	L1 S1 10457
Type	bill
Volume / chapter	L1 S1 10457
Language	en
Format	json
Source	PROVINCIAL
Identifier	eec84659435fb282cfa96a69d2d3a29c26cc2dff

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