53      Authority
of Committee
             54      Meetings
             55      Supplies
and services
             56      Annual
report
Offences and Penalties
             57      Membership
             58      Contact
lenses
             59      Contact
lens information
             60      Offences
             61      Injunction
             62      Non‑application
of Act
             63      Exemption
to physician and optometrist
             64      Application of
the Optometry Profession Act
             65      Unlawful
registration
             66      Penalties
             67      Prosecutions
             68      Protection
from liability
Miscellaneous
             69      Evidence
             70      Service by mail
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
                                (a)   “Advisory
Committee� means the Eye Care Disciplines Advisory Committee;
                                (b)   “Association�
means the Alberta Opticians Association;
                                (c)   “certificate
of registration� means a certificate of registration in the eye glasses
dispensing register or in the contact lens dispensing register;
                                (d)   “council�
means the council of the Association;
                                (e)   “Minister�
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
                                 (f)   “ophthalmic
appliancesâ€? means lenses, spectacles, eye‑glasses, frames, contact
lenses, artificial eyes or other specified devices, for the relief, prevention
or correction of visual or other anomalies of the eyes;
                                (g)   “optical
prescription� means a written record of the power of the refractive error of
the eye, including, when appropriate, reading add, prisms and back vertex
distance;
                                (h)   “optician�
means a person who is registered as a member of the Association;
                                 (i)   “practice
of opticianry� means
                                          (i)   the supplying, preparing or dispensing of ophthalmic appliances,
                                         (ii)   the interpretation of prescriptions from ophthalmologists or
optometrists in respect of ophthalmic appliances, or
                                        (iii)   the fitting, adjusting or adapting of ophthalmic appliances to
the needs of the intended wearer in accordance with a prescription from an
ophthalmologist or optometrist, or without a prescription when lenses are duplicated
with no change in their refractive value,
                                         whether for hire, gain or
reward or not, but does not include the measurement of ocular refractive error
of an individual through refraction, providing a prescription or diagnosing a
condition;
                                 (j)   “registrar� means the registrar of the
Association.
RSA 1980 cO‑8
s1;1983 cO‑10 s83;1992 c29 s2(3)
The Association
Association
2(1) The Alberta Guild of Ophthalmic Dispensers is
continued as a corporation under the name “Alberta Opticians Association�.
(2) The Association has the capacity and, subject
to this Act, the rights, powers and privileges of a natural person.
RSA 1980 cO‑8
s2;1992 c29 s2(4)
Funds
3(1) The funds of the Association shall be deposited
in a bank or a treasury branch for the credit of the Association and the
expenses of the Association shall be paid from those funds.
(2) Notwithstanding subsection (1) and subject to the
regulations, the Association may invest any portion of its funds not required
for its immediate purposes only in investments in which a trustee may invest
trust money under the Schedule to the Trustee Act.
RSA 2000 cO‑9
s3;2001 c28 s14
Meetings
4(1) A general meeting of the members of the
Association shall be held annually for the purpose of electing the president,
the vice‑president and the members of the council and for conducting any
other business that may be brought before the meeting.
(2) The general meeting of the Association shall be
held at the time and place, on the notice and otherwise as provided in the bylaws
of the Association.
RSA 1980 cO‑8
s7;1992 c29 s2(30)
Officers
Officers
5(1) The officers of the Association are the
president, the vice‑president, the secretary‑treasurer and the
registrar.
(2) The
president and the vice‑president shall be elected by the members of the
Association from their number.
(3) The
secretary‑treasurer shall be appointed by the council but it is not
necessary that the secretary‑treasurer be a member of the Association.
(4) The offices of secretary‑treasurer and
registrar may be filled by the same person.
RSA 1980 cO‑8
s8;1992 c29 s2(6),(30)
Registrar
6 The registrar shall be appointed by the council
from its membership and shall perform the functions prescribed in the bylaws of
the Association and any other functions the council may prescribe.
RSA 1980 cO‑8
s9;1992 c29 s2(30)
The Council
Council
7(1) The council of the Association shall consist of
the following:
                                (a)   not
fewer than 6 members or a greater number that may be prescribed by or
determined in accordance with the bylaws, each of whom shall be elected in
accordance with the bylaws;
                                (b)   when
the number of persons elected under clause (a) does not exceed 10, 2 members of
the public, or when the number of persons elected under clause (a) is more than
10, 3 members of the public, who shall be appointed for a term of not more than
3 years by the Lieutenant Governor in Council after consultation with the
council;
                                (c)   members,
if any, appointed by the council by virtue of their office.
(2) A
member of the council appointed under subsection (1)(b) continues to hold
office after the expiry of the member’s term of office until the member is
reappointed or the member’s successor is appointed.
(3) Notwithstanding
subsection (2), a member of the council appointed under subsection (1)(b) may
hold office for not more than 6 consecutive years.
(4) The
Lieutenant Governor in Council may revoke the appointment of a member of the
council appointed under subsection (1)(b).
(5) The
Minister may pay to a member of the council appointed under subsection (1)(b)
travelling and living expenses incurred by that member for the member’s
attendance at a meeting of the council while away from the member’s usual place
of residence and fees in an amount prescribed by the Minister.
(6) The
powers, duties and operations of the council under this Act, the regulations
and the bylaws are not affected by
                                (a)   the
fact that no one is appointed as a member of the council under subsection
(1)(b),
                                (b)   the
revocation under subsection (4) of the appointment of a member of the council,
or
                                (c)   the
resignation from the council of a member appointed under subsection (1)(b).
(7) The
failure of a member of the council appointed under subsection (1)(b) to attend
a meeting of the council shall not be construed as affecting or restricting the
council in exercising any powers or performing any duties under this Act, the
regulations or the bylaws at that meeting.
(8) A person who is a member of the council by
virtue of the person’s office does not have voting rights on the council.
RSA 1980 cO‑8
s10;1992 c29 s2(7)
Council’s duties
8 The council shall manage and conduct the
business and affairs of the Association and may exercise all the rights and
powers of the Association.
RSA 1980 cO‑8
s12;1992 c29 s2(9)
Annual report
9(1) The council shall submit to the Minister an
annual report on the business and affairs of the Association as the Minister
requires in a form satisfactory to the Minister.
(2) The Minister, on receipt of the annual report
of the Association, shall lay it before the Legislative Assembly if it is then
sitting, and if it is not then sitting, within 15 days after the commencement
of the next sitting.
1992 c29 s2(10)
Regulations and Bylaws
Regulations
10(1) The council may make regulations
                                (a)   respecting
procedures for the registration of persons as members of the Association;
                                (b)   establishing
conditions, including character requirements, to be met by applicants for
registration as members of the Association;
                                (c)   establishing
a register for each category of member of the Association;
                                (d)   prescribing
the matters to be entered by the registrar in the registers;
                                (e)   respecting
conditions to be met by an applicant for annual enrolment as a member of the
Association;
                                 (f)   respecting
temporary certificates of registration in eye glasses dispensing or contact
lens dispensing, who may hold a temporary certificate, the conditions under
which a temporary certificate may be issued and the procedures a holder may
perform;
                                (g)   respecting
the procedures for hearings, inquiries and preliminary investigations by the
registrar or a person appointed by the registrar, the discipline committee or
the council in respect of the practice of a member of the Association against
whom a complaint has been made;
                                (h)   respecting
the costs payable by a member of the Association that may be awarded under
section 32(1);
                                 (i)   governing
the publication of a notice of a reprimand or of suspension or cancellation of
a certificate of registration in a form and manner prescribed by the council;
                                 (j)   prescribing
standards for the practice of opticianry and for the conduct of opticians;
                                (k)   respecting
the establishment and operation by the council of a compulsory continuing
education program for members of the Association;
                                 (l)   respecting
any restrictions on advertising by members of the Association;
                               (m)   prescribing
the standards of quality of ophthalmic appliances dispensed or supplied by
members of the Association;
                                (n)   prescribing
the information that members of the Association are required to provide to the
Association;
                                (o)   requiring
members to carry professional liability insurance and governing the minimum to
be carried;
                                (p)   respecting the investment of funds for the
purpose of section 3(2).
(2) A
regulation under subsection (1) does not come into force unless it is approved
by
                                (a)   a
majority of the members of the Association
                                          (i)   present and voting at a general meeting, or
                                         (ii)   voting in a vote by mail conducted in accordance with the bylaws,
                                    and
                                (b)   the
Lieutenant Governor in Council.
(3) For the purposes of subsection (2), “members�
does not include honorary members or other non‑practising members.
RSA 2000 cO‑9
s10;2001 c28 s14
Bylaws
11(1) The council may make bylaws
                                (a)   providing
for the government of the Association and the management and conduct of its
affairs;
                                (b)   determining
the location of the head office of the Association;
                                (c)   respecting
the purchase, management and sale of the property of the Association;
                                (d)   respecting
the calling and conduct of meetings of the Association;
                                (e)   subject
to this Act, respecting the nomination, election, number and terms of office of
council members, other than members appointed under section 7(1)(b), and of
officers of the Association;
                                 (f)   respecting
the division of Alberta into electoral districts;
                                (g)   providing
for the appointment of acting members and those who are members by virtue of
their office and prescribing their procedures, duties and functions;
                                (h)   providing
for the term of office of a registrar and the registrar’s additional powers,
duties and functions, and the appointment of an acting registrar who has all of
the powers and performs all of the duties of a registrar under this Act, the
regulations and the bylaws when the registrar is absent or unable to act or
when there is a vacancy in the office of registrar;
                                 (i)   prescribing
the number of members that constitutes a quorum at meetings of the Association,
the council, the practice review board or the discipline committee;
                                 (j)   respecting
the establishment of and payment of sums of money for scholarships, fellowships
and any other educational incentive or benefit program that the Association
considers appropriate;
                                (k)   respecting
the fees, dues and levies payable to the Association by members of the
Association;
                                 (l)   respecting
the removal by the registrar from the register of a memorandum or entry made in
it under this Act, the regulations or the bylaws;
                               (m)   governing
the publication by a registrar of the names of successful applicants for
registration;
                                (n)   subject
to this Act, governing the appointment of members to the discipline committee
and the practice review board, the designation of the chair and vice‑chair,
and the procedures for filling any vacancy on the discipline committee or the
practice review board;
                                (o)   governing
the establishment, operation and procedures of committees, the appointment of
members and the procedures for filling vacancies on committees;
                                (p)   establishing
honorary or other non-practising categories of membership in the Association
and prescribing the privileges and obligations of those categories of membership;
                                (q)   providing
for the delegation, with or without conditions, of any power or duty of the
council under this Act, the regulations or the bylaws, except the power to
make, amend or repeal regulations or bylaws;
                                 (r)   prescribing
fees and expenses payable to members of the council and members of committees
established under this Act or the bylaws for attending to the business of the
Association;
                                (s)   requiring
members to maintain an address in Alberta and to inform the registrar of any
change to that address;
                                 (t)   authorizing
the council to prescribe forms for registration or any other documents required
under this Act;
                                (u)   prescribing
the date on which annual registrations expire;
                                (v)   respecting
the holding of votes by mail;
                               (w)   establishing
and providing for the publishing of a code of ethics respecting the practice of
opticianry, the maintenance of the dignity and honour of the profession and the
protection of the public interest.
(2) A
bylaw under subsection (1) does not come into force unless it is approved by a
majority of the members of the Association
                                (a)   present
and voting at a general meeting, or
                                (b)   voting
in a vote by mail conducted in accordance with the bylaws.
(3) For
the purposes of subsection (2), “members� does not include honorary members or
other non‑practising members.
(4) The Regulations
Act does not apply to bylaws of the Association.
RSA 1980 cO‑8
s14;1992 c29 s2(12)
Voting at election
12(1) Every member of the Association in good
standing is entitled to vote at an election.
(2) For the purposes of subsection (1), “member�
does not include an honorary member or other non‑practising member.
RSA 1980 cO‑8
s16;1992 c29 s2(13)
Petition to set aside election
13(1) If a member of the Association desires to
contest the validity of an election for the council, the member may within 30
days after the election date, present a
petition to the Court of Queen’s Bench praying that the election be set aside.
(2) At
a time and place appointed for the hearing and determining of the matters
complained of, and after hearing the parties and considering the evidence
adduced, the judge shall decide the matters in question and the judge’s
decision is final.
(3) The judge has in respect of the petition the
powers that may be exercised by the judge in any cause or proceeding in the
Court.
RSA 1980 cO‑8
s17;1992 c29 s2(30)
Discipline
Definitions
14 For the purposes of sections 17 to 43,
                                (a)   “chair�
means the chair of the discipline committee and includes a vice‑chair;
                                (b)   “conduct�
includes any act or omission;
                                (c)   “investigated
person� means
                                          (i)   a member of the Association, or
                                         (ii)   if section 17(3) applies, a former member of the Association
                                         with respect to whose
conduct an investigation or hearing is held under this Act;
                                (d)   “preliminary investigator� means a person
appointed to conduct a preliminary investigation under this Act.
1992 c29 s2(15)
Discipline committee
15(1) There is hereby established a discipline
committee composed of no fewer than 4 persons as follows:
                                (a)   no
fewer than 3 members of the Association appointed by the council in accordance
with the bylaws, and
                                (b)   one
member of the public who is appointed for a term of not more than 3 years by
the Lieutenant Governor in Council in consultation with the council.
(2) Notwithstanding
subsection (3), a member of the discipline committee appointed under subsection
(1)(b) may hold office for not more than 6 consecutive years.
(3) A
member of the discipline committee appointed under subsection (1)(b) continues
to hold office after the expiry of the member’s term of office until the member
is reappointed or the member’s successor is appointed.
(4) The
Minister may pay to a member of the discipline committee appointed under
subsection (1)(b) travelling and living expenses incurred by that member for
the member’s attendance at a meeting of the discipline committee while away
from the member’s usual place of residence and fees in an amount prescribed by the
Minister.
(5) The
Lieutenant Governor in Council may, after consultation with the council, revoke
the appointment of a member of the discipline committee appointed under
subsection (1)(b).
(6) The
powers, duties and operations of the discipline committee are not affected by
                                (a)   the
fact that no member of the public is appointed as a member of the discipline
committee under subsection (1)(b),
                                (b)   the
revocation under subsection (5) of the appointment of a member of the
discipline committee, or
                                (c)   the
resignation as a member of the discipline committee of a member appointed under
subsection (1)(b).
(7) The failure of a member of the discipline
committee appointed under subsection (1)(b) to attend a meeting of the
discipline committee shall not be construed as affecting or restricting the
discipline committee from exercising any powers or performing any duties at
that meeting.
1992 c29 s2(15)
Unskilled practice or
professional misconduct
16(1) Any conduct of an investigated person that, in
the opinion of the discipline committee,
                                (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 opticianry generally, or
                                (d)   displays
a lack of knowledge of or lack of skill or judgment in the practice of
opticianry
whether or not that
conduct is disgraceful or dishonourable, may constitute either unskilled
practice of opticianry or professional misconduct, whichever the discipline
committee finds.
(2) If an investigated person contravenes this Act,
the regulations or the bylaws and the contravention is, in the opinion of the
discipline committee, of a serious nature, the contravention may be found by
the discipline committee to be professional misconduct whether or not it would
be found to be so under subsection (1).
1992 c29 s2(15)
Complaints
17(1) A person may complain in writing to the
registrar about the conduct of a member of the Association, and the complaint
must be dealt with in accordance with this Act and the regulations.
(2) A
complaint under subsection (1) shall be accompanied with a mailing address for
service on the complainant.
(3) A complaint respecting the conduct of a member
of the Association whose membership has been cancelled or suspended pursuant to
this Act may, notwithstanding the cancellation or suspension, be dealt with
within 5 years following the date of cancellation or suspension as if the
cancellation or suspension had not occurred.
1992 c29 s2(15)
Preliminary
investigation
18 If a complaint is made to the
registrar under section 17, the registrar, forthwith on receipt of the
complaint, may commence or appoint a preliminary investigator who is not a
member of the discipline committee or the council to commence a preliminary
investigation into the conduct of the member of the Association and shall
notify the member of the Association in writing that a preliminary
investigation into the member’s conduct will be conducted, giving reasonable
particulars of the matter to be investigated.
1992 c29 s2(15)
Report of preliminary
investigator
19(1) A preliminary investigator may
                                (a)   request
any person to answer any questions and to produce to the preliminary
investigator any models, charts, documents, papers, notes, records and other
materials and things relevant to the investigation, and
                                (b)   copy
and keep copies of any of the things that are produced to the preliminary
investigator under clause (a).
(2) A
preliminary investigator may investigate any other matter related to the professional
conduct or skill in practice of the investigated person that arises in the
course of the investigation.
(3) If
a member of the Association does not co‑operate with a preliminary
investigator, the preliminary investigator may make a complaint in writing to
the discipline committee, and the failure or refusal to co‑operate may be
held by the discipline committee to be professional misconduct.
(4) A
preliminary investigator shall forthwith on concluding the preliminary
investigation report the preliminary investigator’s findings to
                                (a)   the
registrar, if the registrar is not conducting the preliminary investigation, or
                                (b)   a member of the discipline committee, if the
registrar is conducting the preliminary investigation.
1992 c29 s2(15)
Referral to discipline
committee
20(1) The registrar or the member of the discipline
committee to whom a report is provided under section 19(4) shall forthwith
                                (a)   direct
that no further action be taken, if the registrar or member of the discipline
committee is of the opinion that
                                          (i)   the complaint is frivolous or vexatious, or
                                         (ii)   there is insufficient evidence of unskilled practice of
opticianry or professional misconduct,
                                    or
                                (b)   refer
the matter under investigation in writing to the discipline committee.
(2) The registrar or the member of the 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 Committee, as the case may be.
1992 c29 s2(15)
Appeal of complainant to
discipline committee
21(1) A complainant who is served with a notice under
section 20 that no further action will be taken may, within 30 days after the
receipt of the notice, by notice in writing to the registrar, appeal that
direction to the discipline committee.
(2) On
an appeal under subsection (1), the discipline committee shall determine
whether
                                (a)   the
complaint is frivolous or vexatious, or
                                (b)   there
is sufficient evidence of unskilled practice or professional misconduct, and
the matter under investigation should be the subject of a hearing,
and shall notify the complainant in writing of its
decision.
1992 c29 s2(15)
Representation by
counsel
22(1) The Association and the investigated person may
be heard 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
discipline committee.
(3) A
hearing before the discipline committee shall be open to the public unless
                                (a)   the
complainant requests that the hearing be held in private because of the
confidential nature of the matters to be heard, or
                                (b)   in the opinion of the discipline committee,
the interests of any person other than the investigated person would be
detrimentally affected if the hearing were not held in private.
1992 c29 s2(15)
Hearing before
discipline committee
23(1) On referral to it of a matter under section
20(1)(b) or on determining under section 21(2)(b) that a hearing should be
held, the discipline committee shall hold a hearing within 90 days.
(2) The registrar shall cause to be served on the
investigated person at least 30 days before the hearing date a notice of
hearing stating the date, time and place at which the discipline committee will
hold a hearing and giving reasonable particulars of the complaint or matter in
respect of which the hearing will be held.
1992 c29 s2(15)
Further investigation
24 The discipline committee may
investigate and hear any other matter related to the professional conduct or
skill in practice of the investigated person that arises in the course of an
investigation or hearing, but in that event the discipline committee shall
serve that person at least 15 days before the hearing of the matter with notice
of its intention to do so, giving reasonable particulars of the matter to be
investigated.
1992 c29 s2(15)
Evidence before
discipline committee
25(1) Evidence may be given before the discipline
committee in any manner that the discipline committee considers appropriate,
and the committee is not bound by the rules of law respecting evidence
applicable to judicial proceedings.
(2) For the purposes of an investigation, hearing
or review under this Act, the registrar, a preliminary investigator and any
member of the council or the discipline committee are conferred with the powers
of a commissioner for oaths under the Commissioners
for Oaths Act.
1992 c29 s2(15)
Witness
26(1) The investigated person and any other person
who, in the opinion of the discipline committee, has knowledge of the complaint
or matter being investigated are compellable witnesses in any proceeding under
this Act.
(2) A
witness may be examined under oath on all matters relevant to the investigation
or hearing before the discipline committee and is not to be excused from
answering any question on the ground that the answer might tend to
                                (a)   incriminate
the witness,
                                (b)   subject
the witness to punishment under this Act, or
                                (c)   establish
the witness’s 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 the witness, subject the witness to punishment or
establish the witness’s liability, it shall not be used or received against the
witness in any civil proceedings, in a prosecution under this Act or in any
proceeding under any other Act, except in a prosecution for or proceedings in
respect of perjury or the giving of contradictory evidence.
(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
application made ex parte by the Association may direct the issuing of a
commission to obtain the evidence of the witness, and the commission shall be
issued and the evidence taken pursuant to the Alberta Rules of Court.
1992 c29 s2(15)
Attendance and
production of documents
27(1) The attendance of witnesses before the
discipline committee and the production of models, charts, documents, papers,
notes, records 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 witness is to attend and the models, charts,
documents, papers, notes, records and other materials and things, if any, the
witness is required to produce.
(2) On
the written request of the investigated person or of the investigated person’s
counsel or agent, the registrar shall, without charge, issue and deliver to
that person or that person’s counsel or agent any notices that the investigated
person requires for the attendance of witnesses or for the production of any
item under subsection (1).
(3) A witness other than the investigated person
who has been served with a notice to attend or a notice for production under
subsection (1) or (2) is entitled 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.
1992 c29 s2(15)
Failure to attend or
give evidence
28(1) Proceedings for civil contempt of court may be
brought against a witness
                                (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
and other materials or things in compliance with a notice to produce them,
                                    or
                                (b)   who
refuses to be sworn or to answer any question the witness is directed to answer
by the discipline committee.
(2) If the witness referred to in subsection (1) is
the investigated person, the witness’s failure or refusal may be held to be
professional misconduct.
1992 c29 s2(15)
Hearing in absence of
investigated person
29 The discipline committee, on proof of
service of the notice of hearing on the investigated person in accordance with
this Act, may
                                (a)   proceed
with the hearing in the absence of the investigated person, and
                                (b)   act, decide or report on the matter being
heard in the same way as though the investigated person were in attendance.
1992 c29 s2(15)
Finding of discipline
committee
30(1) The discipline committee may find that the
conduct of an investigated person constitutes neither unskilled practice of
opticianry nor professional misconduct.
(2) The discipline committee may find that the
conduct of an investigated person constitutes unskilled practice of opticianry
or professional misconduct, or both, and shall deal with the investigated
person in accordance with this Act.
1992 c29 s2(15)
Orders of discipline
committee
31(1) If the discipline committee finds that the
conduct of an investigated person constitutes unskilled practice of opticianry
or professional misconduct, or both, the discipline committee may make any one
or more of the following orders:
                                (a)   that
the investigated person be reprimanded;
                                (b)   that
the investigated person’s membership in the Association be suspended, either
generally or with respect to any field of the practice of opticianry for a
stated period;
                                (c)   that
the investigated person’s membership in the Association be suspended, either
generally or with respect to any field of the practice of opticianry, until
                                          (i)   the investigated person has completed a specified course of
studies or obtained supervised practical experience, or
                                         (ii)   the discipline committee is satisfied as to the competence of the
investigated person generally or in that specified field of practice;
                                (d)   that,
in place of a suspension, the investigated person undertake to limit the
investigated person’s practice;
                                (e)   that
conditions be imposed on the investigated person’s practice of opticianry
generally or in any field of the practice, including any of the following
conditions:
                                          (i)   that the investigated person practise under supervision;
                                         (ii)   that the investigated person not engage in sole practice;
                                        (iii)   that the investigated person permit periodic inspections by a
person authorized by the council;
                                        (iv)   that the investigated person report to the discipline committee
or the council on specific matters;
                                 (f)   that
the investigated person pass a particular course of study or satisfy the
discipline committee or council as to the investigated person’s practical
competence generally or in any field of the practice of opticianry;
                                (g)   that
the investigated person satisfy the discipline committee that a disability or
addiction can be or has been overcome, and that the person’s membership in the
Association be suspended until the discipline committee is so satisfied;
                                (h)   that
the investigated person take counselling that in the opinion of the discipline
committee is appropriate;
                                 (i)   that
the investigated person waive, reduce or repay a fee for services rendered by
the investigated person that, in the opinion of the discipline committee, were
not rendered or were improperly rendered;
                                 (j)   that
the investigated person’s membership in the Association be cancelled.
(2) If 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 the investigated
person’s membership in the Association subject to any terms it considers
appropriate and shall serve the investigated person with notice of the
cancellation or suspension.
1992 c29 s2(15)
Payment of fine or costs
32(1) The discipline committee may, in addition to or
instead of dealing with the conduct of an investigated person in accordance
with section 31, order that the investigated person pay, within the time set by
the order,
                                (a)   all
or part of the costs of the hearing or appeal, as determined in accordance with
the regulations,
                                (b)   to
the Association a fine not exceeding $5000 for each finding of unskilled
practice or professional misconduct and $10 000 in the aggregate for all
such findings arising out of the hearing, or
                                (c)   both
the costs under clause (a) and the fine under clause (b).
(2) If
a person ordered to pay a fine or costs, or both, under subsection (1) fails to
pay the fine or costs within the time ordered, the council may suspend the
person’s membership in the Association until the person has paid the fine and
costs and shall serve the person with notice of the suspension.
(3) A fine or costs ordered to be paid to the
Association under this section are a debt due to the Association and may be
recovered by the Association by civil action for debt.
1992 c29 s2(15)
Written decision
33 The discipline committee shall, within 60
days after the conclusion of a hearing before it, give its decision in writing,
in which it shall
                                (a)   describe
each finding made by it,
                                (b)   state
the reasons for each finding made by it, and
                                (c)   set out any order made under section 31 or
32.
1992 c29 s2(15)
Service of decision
34(1) The discipline committee shall forward to the
registrar
                                (a)   the
decision, and
                                (b)   the
record of the 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 recorded
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 (1), 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.
1992 c29 s2(15)
Examination of record
35 The investigated person may
examine the record or any part of the record 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 discipline
committee.
1992 c29 s2(15)
Rehearing
36 If there is new evidence
available that was not available or that for good reason was not presented at
the hearing held under section 23, the discipline committee may, with the
consent of the investigated person, rehear any matter already heard by it and,
for that purpose, has 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.
1992 c29 s2(15)
Stay of decision
37(1) A 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) A 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.
1992 c29 s2(15)
Appeal to council
38(1) An investigated person or the Association may
appeal to the council 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 registrar within 30
days after the date on which the decision of the discipline committee is served
                                (a)   on
the investigated person, if the investigated person is appealing the decision,
or
                                (b)   on
the council, if the Association is appealing the decision.
(4) The registrar shall, on receiving a notice of
appeal under subsection (3), give to each member of the council a copy of the
notice of appeal and make the record of the hearing available to each member of
the council.
1992 c29 s2(15)
Time of hearing
39(1) The registrar shall, on receiving a notice of
appeal under section 38, cause to be served on the investigated person a notice
of hearing of an appeal stating the date, time and place at which the council
will hear the matters appealed.
(2) The
council shall hear the appeal within 90 days after the date of service of the
notice of appeal.
(3) The council may, on the written request of the
investigated person or the Association, extend the period referred to in
subsection (2) for one or more additional periods, but no one extension may be
for a period of more than 90 days.
1992 c29 s2(15)
Conduct of hearing
40(1) The Association and the investigated person may
appear, be heard 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
25 to 29 apply to an appeal before the council.
(5) The
council on an appeal may
                                (a)   grant
adjournments of the proceedings or reserve the determination 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) A
hearing of an appeal before the council shall be open to the public unless, in
the opinion of the council, the interests of any person other than the
investigated person would be detrimentally affected if the hearing were not
held in private.
(7) The
council shall, within 90 days from the date of the 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 of the discipline committee or substitute
or make a finding or order of its own, or
                                (c)   refer
the matter back to the discipline committee for further consideration in
accordance with any direction that the council may make.
(8) The
council may make any award as to the costs of the proceedings, whether before
it or before the discipline committee, that it considers appropriate.
(9) The
council shall, within a reasonable time after the conclusion of the proceedings
before it, give its decision in writing, in which it shall
                                (a)   describe
each finding made by it,
                                (b)   state
the reasons for each finding made by it, and
                                (c)   set
out any order made by it
and shall forward the
decision to the registrar.
(10) The
registrar shall 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.
1992 c29 s2(15)
Appeal to Court of
Appeal
41(1) An investigated person or the Association may
appeal to the Court of Appeal any finding or order made by the council under
section 40.
(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
                                          (i)   on the council, where the investigated person is the appellant,
or
                                         (ii)   on the investigated person, where the Association is the
appellant,
both within 30 days from the date on which the decision of
the council is served on the appellant.
1992 c29 s2(15)
Appeal on the record
42(1) An appeal to the Court of Appeal shall be
founded on a copy of the record of the proceedings before the council and a
copy of the decision, findings and orders of the council and any further
evidence received by the council, all of which must be certified by the
registrar.
(2) The procedure in an appeal shall be the same,
with the necessary changes, as that provided in the Alberta Rules of Court for appeals from a judgment of a judge of
the Court of Queen’s Bench to the Court of Appeal.
1992 c29 s2(15)
Power of Court of Appeal
43(1) The Court of Appeal on hearing an appeal may
                                (a)   make
any finding that in its opinion ought to have been made,
                                (b)   quash,
vary or confirm the order or decision of the council or any part of it,
                                (c)   refer
the matter back to the council for further consideration in accordance with any
direction of the Court, or
                                (d)   direct
that a trial of any mixed questions of law and fact related to a finding or
order or both a finding and an order of the council under section 40 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.
1992 c29 s2(15)
Practice Review
Practice review board
44(1) There is hereby established the practice review
board consisting of not fewer than 5 members appointed by the council.
(2) The members appointed under subsection (1) must
have, in the opinion of the council, a combination of knowledge and experience
suitable for determining the academic qualifications and training requirements
necessary for a person to continue to engage in the practice of opticianry.
1992 c29 s2(15)
Powers of the practice
review board
45(1) The practice review 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 to practise
opticianry,
                                         (ii)   the evaluation of desirable standards of competency of opticians
generally,
                                        (iii)   any other matter that the board from time to time considers
necessary or appropriate in connection with the exercise of its powers and the
performance of its duties in relation to competence in the practice of
opticianry under this Act and the regulations, and
                                        (iv)   the practice of opticianry generally,
                                    and
                                (b)   may
conduct a review of the practice of a member of the Association in accordance
with this Act and the regulations.
(2) After
each inquiry or review under this section, the practice review board shall make
a written report to the council on the inquiry or review and may make any
recommendations to the council that the practice review board considers
appropriate in connection with the matter, with reasons for the
recommendations.
(3) The
practice review board has all the powers and duties of the discipline committee
under this Act for the purpose of carrying out its powers under subsection (1).
(4) Sections 17 to 43 apply to an inquiry or review
by the practice review board as if the inquiry or review were an investigation
or hearing by the discipline committee under those sections.
1992 c29 s2(15)
Referral to discipline
committee
46(1) The practice review board may, at any time
during an inquiry or review by it, refer any matter to the discipline committee
for an investigation and hearing by that discipline committee in accordance
with sections 17 to 43.
(2) On receiving a reference under subsection (1),
the discipline committee shall proceed with an investigation and hearing under
sections 17 to 43 as if the reference were a complaint.
1992 c29 s2(15)
Registration
Authority of
Universities Co‑ordinating Council
47(1) The Universities Co‑ordinating Council
                                (a)   may
grant to and withdraw from an academic institution the designations “approved
program in eye glasses dispensing� and “approved program in contact lens
dispensing�,
                                (b)   shall
set the term of practical experience, if any, to be completed by applicants for
registration under this Act, and
                                (c)   shall
set or approve the examination, if any, to be passed by applicants for
registration as members of the Association.
(2) A
grant or withdrawal of a designation under subsection (1)(a) and a term of
practical experience set under subsection (1)(b) are subject to the approval of
the Lieutenant Governor in Council.
(3) The programs in eye glasses dispensing and in
contact lens dispensing that exist in Alberta on July 8, 1992 for the training
of persons who apply to be registered as members of the Association are deemed
to be approved programs in eye glasses dispensing or in contact lens
dispensing.
1992 s29 s2(16)
Application for
registration
48 An application for registration as a member of
the Association shall be approved by the registrar if the applicant
                                (a)   produces
documentation satisfactory to the registrar that shows that
                                          (i)   the applicant is a graduate of an approved program in eye glasses
dispensing or an approved program in contact lens dispensing required for
membership in the Association, or
                                         (ii)   the Universities Co‑ordinating Council is satisfied that
the applicant’s academic qualifications are substantially equivalent to the
qualifications required for graduation from an approved program in eye glasses
dispensing or an approved program in contact lens dispensing required for
membership in the Association,
                                (b)   has
completed the term of practical experience, if any, required by the
Universities Co‑ordinating Council or the regulations,
                                (c)   has
passed the examination, if any, set or approved by the Universities Co‑ordinating
Council or the Association, and
                                (d)   meets the character and other conditions
established in the regulations of the Association.
1992 c29 s2(16)
Registration
49(1) The registrar shall enter in the eye glasses
dispensing register or in the contact lens dispensing register of the
Association the name of a person
                                (a)   whose
application for registration as an eye glasses dispensing member or a contact
lens dispensing member has been approved under this Act, and
                                (b)   who
has paid the fees prescribed in the bylaws of the Association.
(2) On entering the name of a person in a register,
the registrar shall issue a certificate of registration to the person.
1992 c29 s2(16)
Removal from register
50(1) The registrar shall not remove the registration
of a member from a register on the member’s request unless the request has been
approved by the council.
(2) When
a request for the removal of a registration from a register is approved by the
council,
                                (a)   the
registration shall  be removed from the
register, and
                                (b)   the member requesting the removal shall, on
being notified of the approval, send to the registrar any certificate of
registration issued to that member.
1992 c29 s2(16)
Cancellation of
registration
51(1) The registrar, after the expiration of 30 days
following the service of a written notice on a member or a person whose name
appears on a register, may cancel the registration of that person if that
person
                                (a)   is
in default of payment of annual fees, or
                                (b)   fails
to pay a penalty, costs or any other fees, dues or levies payable under this
Act.
(2) The
notice under subsection (1) shall state that the registrar may cancel the
registration of a person unless
                                (a)   annual
fees are paid, or
                                (b)   any
other penalties, costs, dues or levies are paid as indicated in the notice.
(3) If
the registration of a person is cancelled under this section, that person
shall, on request, send that person’s certificate of registration to the
registrar.
(4) If a registration is cancelled under this
section, the registrar may, subject to the regulations and the bylaws,
reinstate that registration in a register and, if necessary, reissue the
certificate of registration.
1992 c29 s2(16)
Eye Care Disciplines
Advisory Committee
Advisory Committee
established
52(1) There is hereby established the Eye Care
Disciplines Advisory Committee consisting of
                                (a)   one
member of each of the following, appointed by the Minister from a list of
nominees prepared by each respective Association:
                                          (i)   the Alberta College of Optometrists;
                                         (ii)   the Alberta Opticians Association;
                                        (iii)   The Ophthalmological Society of Alberta,
                                    and
                                (b)   not
fewer than 4 members of the public appointed by the Minister.
(2) The
Minister shall designate one of the members appointed under subsection (1)(b)
to act as the chair of the Advisory Committee and shall appoint an employee of
the Government to act as the secretary of the Advisory Committee.
(3) The
failure of a member of the Advisory Committee appointed under subsection (1)(b)
to attend a meeting of the Committee does not affect or restrict the Advisory
Committee in exercising any powers or performing its duties.
(4) A
member of the Advisory Committee may hold office for not more than 6
consecutive years.
(5) The Minister shall pay to a member of the
Advisory Committee appointed under subsection (1)(b) who is not an employee of
the Government remuneration for the member’s services and an allowance for the
expenses necessarily incurred in the performance of the member’s duties under
this Act at the rates set by the Minister.
RSA 2000 cO‑9
s52;2005 c13 s7
Authority of Committee
53 The Advisory Committee shall
examine and make recommendations to the Minister or the Minister of Health and
Wellness, as the case may be, relating to any matter concerning eye care that
is referred to it by that Minister.
1992 c29 s2(19)
Meetings
54(1) The Advisory Committee shall meet at least
twice in each year.
(2) An employee of the Department of Health and
Wellness designated by the Minister of Health and Wellness must be given notice
of and may attend meetings of the Advisory Committee.
1992 c29 s2(19)
Supplies and services
55 The Minister may provide to
the Advisory Committee, at no cost to it, supplies and the services of
employees of the Government under the Minister’s administration to carry out
any work that in the opinion of the Minister may reasonably be required by the
Advisory Committee to enable it to perform its functions under this Act.
1992 c29 s2(19)
Annual report
56 As soon as possible after the
end of each year, the Advisory Committee shall prepare and submit to the
Minister a report summarizing the activities of the Advisory Committee in that
year.
1992 c29 s2(19)
Offences and Penalties
Membership
57(1) No person shall practise as an optician or
undertake any act within the practice of opticianry unless the person is a
member of the Association.
(2) No
person other than a member of the Association shall use the designation
“optician�, “registered optician�, “ophthalmic dispenser�, “registered
ophthalmic dispenser�, “optical dispenser� or any other style or designation
implying that the person is an optician.
(3) When
a member uses any designation mentioned in subsection (2), the member shall use
the full designation and not an abbreviation of it.
(4) No person whose registration as a member of the
Association has been cancelled or suspended shall practise as an optician or
undertake any act within the practice of opticianry until the registration has
been reinstated or the suspension has ended.
RSA 1980 cO‑8
s37;1992 c29 s2(20)
Contact lenses
58 No person shall
                                (a)   supply
or prepare a contact lens, or
                                (b)   measure,
adjust or adapt a contact lens for an intended wearer,
unless the person is a member of the Association and registered
in the contact lens dispensing register under this Act and does so in
accordance with an optical prescription.
RSA 1980 cO‑8
s38;1992 c29 s2(21)
Contact lens information
59 Prior to dispensing contact
lenses, a member of the Association shall advise the patient in writing to
return to the person who prescribed the contact lenses for an evaluation, and
after completing all the services required to dispense contact lenses, a member
of the Association shall offer the patient a written copy of the specifications
of the contact lenses dispensed.
1992 c29 s2(22)
Offences
60 A person who contravenes section 57, 58 or 59 is
guilty of an offence.
RSA 1980 cO‑8
s39;1992 c29 s2(23)
Injunction
61 Subject to sections 62 to 64,
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 57, 58 or 59, notwithstanding any penalty that may be
provided for by this Act in respect of that contravention.
1992 c29 s2(24)
Non-application of Act
62 Nothing in this Act prohibits
                                (a)   the
sale of protective glasses for industrial purposes, coloured glasses that are
not ophthalmic appliances, goggles or magnifying glasses not sold or designed
for the relief, prevention or correction of visual or ocular anomalies of the
eyes, or
                                (b)   any person from operating a business devoted
wholly or partly to the supplying of ophthalmic appliances for intended
wearers, if at all times a member of the Association is in charge of supplying
the ophthalmic appliances and all ophthalmic dispensing done in the course of
the operation of that business is performed by members of the Association.
RSA 1980 cO‑8
s40;1992 c29 s2(25)
Exemption to physician
and optometrist
63 Nothing in this Act applies to or affects a
physician or an optometrist in the practice of the physician’s or optometrist’s
profession.
RSA 1980 cO‑8 s41
Application of the
Optometry Profession Act
64 Nothing in the Optometry Profession Act shall be construed as prohibiting a member
of the Association from practising as an optician or undertaking any act within
the practice of opticianry, including using verification devices for the
practice of opticianry.
RSA 1980 cO‑8
s42;1983 cO‑10 s83;1992 c29 s2(26)
Unlawful registration
65 A person who wilfully procures or who wilfully
attempts to procure the person
                                (a)   to
be registered as a member of the Association, or
                                (b)   to
be issued a certificate of competency or a special certificate of competency in
dispensing contact lenses,
by making false or fraudulent representations or
declarations, either orally or in writing, and a member of the Association
knowingly aiding or assisting that person in so doing are guilty of an offence.
RSA 1980 cO‑8
s43;1992 c29 s2(30)
Penalties
66 A person who is guilty of an offence under this
Act is liable
                                (a)   for
a first offence, to a fine of not more than $2000 and in default of payment to
imprisonment for not more than 30 days,
                                (b)   for
a 2nd offence, to a fine of not more than $4000 and in default of payment to
imprisonment for not more than 60 days, 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.
RSA 1980 cO‑8
s44;1992 c29 s2(27)
Prosecutions
67(1) A prosecution under this Act may be commenced
within one year from the day the alleged offence was committed, but not
afterwards.
(2) In a prosecution under this Act, it is
sufficient proof of an offence if it is proved that the accused has committed a
single act prohibited by this Act.
RSA 1980 cO‑8
s45;1992 c29 s2(28)
Protection from
liability
68(1) No action lies against
                                (a)   a
preliminary investigator, a member of the discipline committee, the council or
the practice review board or the registrar or any person acting on the
instructions of any of them, or
                                (b)   any
member, officer or employee of the Association
for anything done by
that person in good faith and in purporting to act under this Act, the regulations
or the bylaws.
(2) No
action for defamation may be founded on a communication that relates to the
conduct of an optician if the communication is published to or by
                                (a)   a
member of the council, the discipline committee or the practice review board,
                                (b)   a
preliminary investigator, or
                                (c)   a
person acting on the instructions of a person referred to in clause (a) or (b),
in good faith in the course of investigating the conduct or
in the course of any proceeding under this Act relating to the conduct.
1994 c27 s6
Miscellaneous
Evidence
69(1) In any action, proceeding or prosecution a
certificate signed by the registrar shall be admitted in evidence as proof, in
the absence of evidence to the contrary, of the registration or non‑registration
of any person as a member of the Association or of the suspension from practice
as a member of the Association, without proof of the office or signature of the
person certifying.
(2) In any action, proceeding or prosecution a
certificate purporting to be signed by the registrar shall be admitted in
evidence as proof, in the absence of evidence to the contrary, that the person
named in the certificate was or was not on the date specified in the
certificate, the holder of a certificate of registration in the eye glasses
dispensing register or in the contact lens dispensing register, without proof
of the office or signature of the person certifying.
RSA 1980 cO‑8
s46;1992 c29 s2(29),(30)
Service by mail
70 Service of a notice, order or other document
required to be served under this Act, the regulations or the bylaws of the
Association may be made by mail.
RSA 1980 cO‑8
s47;1992 c29 s2(30)
