11

Third Session, 44th General Assembly

50 Elizabeth II, 2001

BILL 11

AN ACT TO AMEND THE CHIROPRACTORS ACT, THE DIETICIANS ACT, THE PHARMACEUTICAL ASSOCIATION ACT, 1994 AND THE SOCIAL WORKERS ASSOCIATION ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE GERALD SMITH

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

General: The purpose of this Bill is to remove potential barriers to the mobility between this province and other provinces by the professions covered by the amended Acts in accordance with the Agreement on Internal Trade.

Clause 1 of the Bill would amend paragraph 9(1)(b) of the Chiropractors Act to permit the board to allow graduates of a chiropractic program that is equivalent to a program cited in the Act to practise in the province.

Clause 2 of the Bill would repeal paragraph 2(f) of the Dieticians Act that defines the Canadian Dietetic Association, an association that no longer exists.

Clause 2 would also repeal and substitute section 7 of the Act to change the words "president", "vice-president" and "secretary-treasurer" to the words "chairperson", vice-chairperson" and "treasurer" to reflect the current operating structure of the Newfoundland Dietetic Association and would delete an appointment to the board by the defunct Canadian Dietetic Association in favour of an additional appointment by the chairperson.

The clause would also amend section 8 of the Act by changing the word "honourary" to the word "temporary".

Clause 2 of the Bill would repeal paragraph 10(b) of the Act respecting required membership in the Canadian Dietetic Association and would repeal and replace paragraph 10(c) of the Act to add to that paragraph the ability to have a competency examination set by the council of the association.

The clause would also repeal and replace section 13 of the Act to change the residency and membership requirements under the Act from residency in the province and membership in the Canadian Dietetic Association to residency in Canada and membership in a provincial or territorial dietetic association.

In addition, clause 2 of the Bill would repeal and replace section 15 of the Act to change the words "president", "vice-president" and "secretary-treasurer" to the words "chairperson", "vice-chairperson" and "treasurer" respectively.

The clause would also amend subsection 16(4) of the Act to change the word "secretary-treasurer" to the word "treasurer".

Lastly, clause 2 would repeal paragraph 21(2)(f) to delete a reference in the Act to maintenance of membership in the Canadian Dietetic Association and would change the word "secretary-treasurer" to the word "treasurer" in subsection 21(5) of the Act.

Clause 3 of the Bill would repeal and replace subsection 21(1) of the Pharmaceutical Association Act, 1994 to change the registration requirement from examination by the Pharmacy Examining Board of Canada in paragraphs (b) and (c) to examination by the provincial association and to allow the registration of pharmacists who have practised in another province or territory of Canada.

Clause 4 of the Bill would add to paragraph 20(2)(c) of the Social Workers Association Act an alternative requirement for registration. This alternative would be a holding of a certificate or diploma approved by the committee of examiners. Presently the requirement is for a person to hold a degree from a university approved by the committee.

Clause 5 of the Bill is a commencement clause that would have the Act come into force on July 1, 2001.

 

A BILL

AN ACT TO AMEND THE CHIROPRACTORS ACT, THE DIETICIANS ACT, THE PHARMACEUTICAL ASSOCIATION ACT, 1994 AND THE SOCIAL WORKERS ASSOCIATION ACT

Analysis

CHIROPRACTORS ACT

1. S.9 Amdt
Registration and licence

DIETICIANS ACT

2. S.2 Amdt.
Definitions
S.7 R&S
Council administration
S.8 Amdt.
Classes of membership
S.10 Amdt.
Credentials
S.13 R&S
Membership
S.15 R&S
Seal
S.16 Amdt.
Register of dieticians
S.21 Amdt.
Revocation of registration

PHARMACEUTICAL ASSOCIATION ACT, 1994

3. S.21 Amdt.
Registration of pharmacists

SOCIAL WORKERS ASSOCIATION ACT

4. S.20 Amdt.
Temporary registration

COMMENCEMENT

5. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

CHIROPRACTORS ACT


RSN1990 cC-14 as amended

1. (1) Paragraph 9(1)(b) of the Chiropractors Act is repealed and the following substituted:

(b) holds a degree or diploma in chiropractic from the Canadian Memorial Chiropractic College, a university or college within Canada recognized by the Council on Chiropractic Education (Canada) or another program that the board considers to be their equivalent;

(2) Section 9 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Where, immediately before applying for a licence under this Act, a person was, under the laws of another province or territory of Canada, licensed and in good standing to practise chiropractic in that province or territory, the board shall register that person as a chiropractor and issue a licence to him or her provided that he or she

(a) pays the required fee; and

(b) meets those other requirements that may be prescribed by regulation.

DIETICIANS ACT

RSN1990 cD-23 as amended

2. (1) Section 2 of the Dieticians Act is amended by adding the word "and" immediately after paragraph (d), deleting the semi-colon and the word "and" at the end of paragraph (e) and substituting a period and by repealing paragraph (f).

(2) Section 7 of the Act is repealed and the following substituted:

Council administration

7. The general administration of the affairs of the association shall be vested in a council that shall consist of the chairperson, vice chairperson and treasurer, who shall be elected from among the members in good standing of the association in accordance with its by-laws and 2 or more members appointed by the chairperson.

(3) Section 8 of the Act is amended by deleting the word "honourary" and substituting the word "temporary".

(4) Paragraph 10(b) of the Act is repealed.

(5) Paragraph 10(c) of the Act is repealed and the following substituted:

(c) proof that he or she has

(i) a bachelor's or equivalent degree from a university or college whose course content is approved by the council,

(ii) a bachelor's or equivalent degree from a university or college, and has taken additional university or college courses that are satisfactory to the council, or

(iii) successfully completed a registration examination based upon the professional competency requirements that the council may establish;

(6) Section 13 of the Act is repealed and the following substituted:

Membership

13. The council may admit to membership in the association a person who is a resident of a province or territory of Canada and who is a member in good standing of an association, similarly constituted, incorporated under the laws of that province or territory, upon proof of that residence and membership.

(7) Section 15 of the Act is repealed and the following substituted:

Seal

15. A conveyance, mortgage, lease, release or other document executed on behalf of the association shall be executed under the seal of the association and signed by the chairperson or the vice-chairperson and the treasurer or other person that may be authorized to affix the seal to an instrument or document by resolution of the council.

(8) Subsection 16(4) of the Act is amended by deleting the word "secretary-treasurer" and substituting the word "treasurer".

(9) Subsection 21(2) of the Act is amended by adding immediately after paragraph (d) the word "and", by deleting the semi-colon at the end of paragraph (e) and substituting a period and by repealing paragraph (f).

(10) Subsection 21(5) of the Act is amended by deleting the word "secretary-treasurer" and substituting the word "treasurer".

PHARMACEUTICAL ASSOCIATION ACT, 1994

SN1994 c-P12.1 as amended

3. Subsection 21(1) of the Pharmaceutical Association Act, 1994 is repealed and the following is substituted:

Registration of pharmacists

21. (1) A person

(a) registered and in good standing as a pharmaceutical chemist under the former Act;

(b) who holds a Bachelor of Science degree in Pharmacy from the Memorial University of Newfoundland and has successfully completed a licensing examination based upon the professional competency requirements that the association may establish;

(c) who has graduated from a Faculty of Pharmacy approved by the council and has successfully completed a licensing examination based upon the professional competency requirements that the association may establish; or

(d) who, immediately before making an application for a licence under the Act, was registered, licensed, in good standing and practising as a pharmacist under the laws of another province or territory of Canada,

may apply for registration under this Act.

SOCIAL WORKERS ASSOCIATION ACT

SN1992 cS-18.1 as amended

4. Paragraph 20(2)(c) of the Social Workers Association Act is repealed and the following substituted:

(c) hold a bachelor degree, certificate or diploma from an educational institution approved by the committee of examiners,

COMMENCEMENT

Commencement

5. This Act shall come into force on July 1, 2001.

 

 

 

©Earl G. Tucker, Queen's Printer