Bill 117 (Legislature 14, Session 1)

L14 S1 6007

Alberta — Bills

No. 117 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 117 A Bill to Incorporate The Psychologists Association of Alberta HON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excell~nt Ma.jesty, EdmontOn, Alberta, 1960

Explanatory Note General. Tlhis Bill will incor.porate The Psyc'hologisits Association of Allberta with power to licence, regulate and discipline its mem bers. 2. -Definitions. 3. Incorporation. 4. First meeting.

BILL No. 117 of 1960

An Act to Incorporate The Pyschologists Association of Alberta (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Psychologists Associ ation Act". 2. In this Act, (a) "association" means The Psychologists Association of Alberta as constituted by this Act; (b) "council" means the council of the association elec ted pursuant to

section 7; (c) "General Faculty Council" means the General Faculty Council of the University of Alberta; (d) "psychology" means the science dealing with the nature, function and phenomena of human be havior but does not include psychiatry; (e) "Pyschological Association" means the Psychologi cal Association of Alberta incorporated under The Societies Act. 3.

(1) There is hereby c()nstituted a corporation under the style and title of The Psychologists Association of Alberta.

(2) In addition to its other corporate powers, the associ ation may acquire, hold and dispose of real property. 4.

(1) Within six weeks after the commencement of this Act, the President of the Psychological Association shall, for the purpose of electing the first officers of the association and transacting any other business for the as sociation, call a meeting of all residents of the Province who are eligible for membership in the association pur suant to

section 13, which shall be the first meeting of the association.

(2) Due notice of the first meeting shall be given to all known eligible persons and the meeting shall be publicly advertised.

(3) Forms of application for membership shall be dis tributed with the notice of the meeting.

2 5. Procedure at :ffirst meeting. 6. Annual general meeting. 7. Council of association. 8. OMicers of associ>ation. 9. Presidient sh'al1 preside at meetinlgts. 10. By-laws.

2 5.

(1) At the first meeting, the President of the Psy chological Association shall preside and shall receive ap plications for membership from the eligible persons who are present at the meeting.

(2) The eligible persons applying for membership and in attendance shall be deemed to be active members of the association for the purpose of holding the first meeting of the association. G. In every year after the first meeting of the associ ation, a general meeting of the association shall be held, which shall be the annual meeting. 7.

(1) The affairs of the association shall be managed by a council which shall consist of five members of the association.

(2) At the first meeting of the association and at every subsequent annual meeting thereafter the members of the association shall elect the members of the council.

(3) The council may hold office until the next annual meeting following election.

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

(5) Three members of the council constitute a quorum. 8.

(1) The council shall elect annually from its mem bers a president, a secretary-treasurer and such other of ficers as it deems necessary.

(2) The council shall appoint a registrar of the associ ation, who need not be a member of the council or a mem ber of the association. 9. The president shall act as presiding officer at the meetings of the council and of the association and may vote only when votes are evenly divided. By-laws 10.

(1) Subject to this Act, the association may, with the approval of the Lieutenant Governor in Council, make by-laws, (

a) governing (

i) the keeping of a register of members, (ii) the fees payable by a person applying for registration, but such fees shall not exceed fifty dollars for anyone applicant, (iii) the voting by the association of the funds necessary for the activities and duties of the council, (iv) the discipline and conduct of members,

II. Academic standing under the c1ontrol of the General Faculty Council of the University of Allberta. 12. Academic qualifications.

3- (

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

b) prescribi'ng the manner of investing the funds of the association, (

c) setting out the duties of the officers and the times and places of the meetings of the association, (

d) providing for the payment of annual dues, (

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

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

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

h) providing for such other m1atters or things as are necessary to carryon the affairs and business of the association in accordance with the intent of this Act.

(2) An honorary member or an associate member of the association is not a member of the association for the purposes of sections 7 and 20 and sections 11 to 19 do not apply to such a member. Membership 11.

(1) The academic standing and the examination of candidates for admission to membership in the association, shall be under the control of the University of Alberta.

(2) The association shall enter into an agreement with the General Faculty Council for the conduct of examina tions of candidates for admission to membership in the association.

(3) The subjects of all examinations under this Act shall be such as are prescribed by the General Faculty Council. 12.

(1) A candidate for admission to membership in the association who satisfies the General :Faculty Council that his academic qualifications are at least the equivalent of those required for a master's degree in psychology from the University of Alberta shall be deemed to have satis factory educational qualifications for admission to mem bership in the association without further examination.

4 13. Qualifications for memibership. 14. Register of members.

(2) The General Faculty Council shall issue a certifi cate certifying compliance with subsection (1) to a can dida te who has s'a tisfied the General Faculty Council as to his educational qualifications under that subsection.

(3) When it deems it necessary or desirable to do so, the General Faculty Council may require a candidate for admission to membership in the association who cannot furnish s'atisfactory credentials to pass such examination or examinations as the General Faculty Council may pre scribe.

(4) The General Faculty Council shall issue a certificate to each candidate who passes the examination or exam inations prescribed under subsection (3), stating that the candidate has satisfactory educational qualifications for admission to membership in the association.

(5) To enable candidates whose educational qualifica tions have not been deemed adequate for certific'ation under this

section to establish the adequacy of their educational qualifications, the General Faculty Council may prescribe the completion of such courses and the passing of such examina tions as it deems necessary. 13.

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

a) who produces a certificate from the General Fac ulty Council pursuant to

section 12, (

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

c) who has s'atisfied the registrar of the association that his name has not been removed for cause from the register of any psychological association, insti tute, society or college or any similar body in Can ada or elsewhere, and (

d) who pays the prescribed fee.

(2) Notwithstanding clause (

a) of subsection (1), the council may admit to membership in the association (

a) any person who on the day this Act comes into force is a full member in good standing of the Psycho logical Association, or (

b) any person who has been earning his living in the Province as a psychologist for the six years im mediately prior to the coming into force of this Act.

(3) No person shall be admitted to membership pursuant to clause (

b) of subsection (2) unless he applies to the council for membership within two years after the coming into force of this Act. 14.

(1) The council shall cause a register to be kept by the registrar.

(2) The names of all persons who have been admitted to membership in the association and who are in good stand ing shall be entered in the register in alphabetical order.

15. Duration of registration. Ie. Certifioate of registration. 17. Expu'lsion or suspension from association. 18. Appeal from expulsi'on or suspension to the Supreme Court.

(3) The register shall be subject to inspection free of charge.

(4) The register or a copy thereof duly certified by the registrar is admissible in evidence as prima facie proof that the persons therein named are members in good stand ing and the absence of the name of any person from the register is prima facie proof that such person is not a member of the association. 15. Subject to this Act and the by-laws, the first regis tration of any member shall remain in force until the end of the calendar year in which such registration is made, and a member in good standing is entitled to a renewal of his registration for each succeeding calendar year upon m'aking application and paying the prescribed fee therefor. 16.

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

(2) A certificate of renewal of registration may be is sued to a member upon payment of the prescribed annual fee. Suspension and Appeal 17.

(1) Subject to this section, the council in its dis cretion may, by order, expel or suspend any member of the 'association for unprofessional conduct or incompetency, upon a complaint thereof verified by statutory declaration being filed with the registrar of the association and a copy of the complaint being forwarded to the accused member.

(2) No member shall be expelled or suspended by order of the council unless (

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

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

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

(4) All evidence offered by the complainant and the accused member shall be taken down in shorthand by a competent stenographer. 1:8.

(1) Any member who has been expelled or sus pended from the association may appeal from the order of the council to a judge of the SupreJ:Ile Court of Alberta, at any time within fourteen days of the date of the order of expulsion or suspension, or within such further time as a judge of the Supreme Court may order.

6 19. Striking off register. 20. Offence for an unqualified person to represent himself as a psychologist. 21. Offence. 22. OMences and penalties.

(2) On the request of the appellant, a copy of the evi dence taken at the hearing before the council shall be filed with the clerk of the court for the judicial district in which the appellant resides.

(3) The judge on the appeal may make such order or give such direction as to the expUlsion or suspension and as to the costs of the appeal as to him seems just. 19.

(1) When a member is expelled by order of the council and the order has been confirmed on appeal under

section 18 or the time for appeal has expired the registrar shall strike the name of the expelled member from the register.

(2) When a member is suspended by order of the council and the order has been confirmed on an appeal under sec tion 18 or the time for appeal has expired, the registrar shall enter upon the register the fact and dates of the suspension.

(3) The council shall notify the Minister of the expul sion or suspension of any member of the association.

(4) In this

section "Minister" means that member of the Executive Council charged with the administration of this Act. 20.

(1) A person (

a) who is not a member of the association, or (

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

summary conviction to the penalties provided in

section 24.

(2) A person practises pscyhology (

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

b) who, under any such title or description, offers to render or renders services of the nature ordinarily rendered by psychologists to any person, for hire, gain or hope of reward. 21. Any person who, by false or fraudulent representa tions, or declarations either orally or in writing, wilfully procures his membership in the association is guilty of an offence. 22. A person who contravenes a provision of this Act is guilty of an offence and liable on

summary conviction, (

a) for a first offence to a fine of not more than one hundred dollars,

7 23. Prtos ecuti on. 24. Right of action. 25. Coming into :t1orce.

7 (

b) for a second offence to a fine of not more than two hundred dollars, and (

c) for a third or subsequent offence to a fine of not more than five hundred dollars, and in default of payment to imprisonment for a term not exceeding three months. 23. A prosecution for an offence under this Act may be commenced within two years from the date of the com mission of the offence, but not thereafter. 24. No action lies against the council or any member of the association for any thing done under this Act in good faith notwithstanding any want of form in the proceedings. 25. This Act comes into force on the day upon which it is assented to.

No. 117 FIRST SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to Incorporate The Pyschol ogists Association of Alberta Recei ved and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. DR. Ross Title: 1960 (14th, 1st) Bill 117,

An Act to Incorporate the Psychologists Association of Alberta

Document details

Collection	Alberta — Bills
Citation	L14 S1 6007
Type	bill
Volume / chapter	L14 S1 6007
Language	en
Format	json
Source	PROVINCIAL
Identifier	efe478524f1f1b77efa66c88de785be9580c18b7

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