This is an official version.

Copyright © 2005: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland and Labrador 2005


CHAPTER 41

AN ACT TO AMEND THE OPTOMETRY ACT, 2004

(Assented to December 13, 2005)

Analysis


        1.   S.10 Amdt.
By-laws

        2.   S.23 Amdt.
Definitions

        3.   S.24 Amdt.
Committees

        4.   S.25 Amdt.
Allegation

        5.   S.27 Amdt.
Complaints authorization committee

        6.   S.29 Amdt.
Hearing

        7.   S.29.1 Added
Copies of books, etc. as evidence

        8.   S.30 Amdt.
Guilty plea by respondent

        9.   S.31 Amdt.
Powers of adjudication tribunal

      10.   S.33 Amdt.
De-registration and suspension

      11.   S.47 Amdt.
Regulations


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

SNL2004 cO-7.01 as amended

        1. Paragraph 10(1)(f) of the Optometry Act, 2004 is repealed and the following substituted:

              (f)  respecting the rates of remuneration for members of an adjudication tribunal;

 

        2. (1) Paragraph 23(c)(iii) of the Act is amended by striking out the word "a" and substituting the word "an";

             (2)  Section 23 of the Act is amended by adding immediately after paragraph (c) the following:

          (c.1)  "costs incurred by the board" includes

                      (i)  out of pocket expenses incurred by or on behalf of the board,

                     (ii)  amounts paid by the board to adjudication tribunal members as remuneration and for expenses, and

                    (iii)  the actual cost of legal counsel for the board and the adjudication tribunal;

 

        3. (1) Section 24 of the Act is amended by adding immediately after subsection (7) the following:

          (7.1)  Members of the disciplinary panel shall serve as a member of the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the board, in accordance with the rates set in the by-laws.

             (2)  Subsection 24(8) of the Act is repealed and the following substituted:

             (8)  The complaints authorization committee and an adjudication tribunal appointed under section 28 and a person appointed by either of them may summon an optometrist or another person and require them to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act.

 

        4. Section 25 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

 

        5. (1) Subparagraph 27(4)(a)(ii) of the Act is amended by inserting immediately after the word "inspect", the words "and copy".

             (2)  Paragraph 27(4)(b) of the Act is amended by inserting immediately after the word "inspect", the words "and copy".

             (3)  Subsection 27(5) of the Act is repealed and the following substituted:

             (5)  Where the registrar, a member of the board or a person appointed by the board requires that a respondent or another person provide information under subsection (4), that information shall be provided within 7 days of receipt of the request or a different period as specified by the registrar, a member of the board or a person appointed by the board.

             (4)  The Act is amended by adding immediately after subsection 27(8) the following:

             (9)  Subsections (4), (5) and (6) apply to the Crown.

 

        6. (1) Subsection 29(2) of the Act is repealed.

             (2)  Subsection 29(4) of the Act is amended by striking the word "outweigh" and replacing it with the word "outweighs".

 

        7. The Act is amended by adding immediately after section 29 the following:

Copies of books, etc. as evidence

   29.1 A copy or extract of a book, record, document or thing certified by

             (a)  a member of the complaints authorization committee; or

             (b)  a person authorized under subsection 27(4) to conduct an inspection,

who made the copy or extract under subsection 27(4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

 

        8. (1) Paragraph 30(2)(c) of the Act is repealed and the following substituted:

             (c)  allow or direct the respondent to surrender his or her licence to the board upon those conditions that may be considered appropriate and, where the respondent's name appears on the register maintained under this Act, strike the respondent's name from the register;

             (2)  Paragraph 30(2)(d) of the Act is repealed and the following substituted:

             (d)  impose a fine not to exceed $10,000 to be paid to the board;

             (3)  Paragraph 30(2)(g) of the Act is repealed and the following substituted:

             (g)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or another body or person designated by the adjudication tribunal,

                   (vii)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                  (viii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                    (ix)  permit periodic inspection of his or her practice,

                     (x)  permit periodic inspection of records relating to his or her practice, or

                    (xi)  impose other requirements that are just and reasonable in the circumstances.

             (4)  Section 30 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

 

        9. (1) Paragraph 31(3)(c) of the Act is repealed and the following substituted:

             (c)  allow or direct the respondent to surrender his or her licence to the board upon those conditions that may be considered appropriate and, where the respondent's name appears on the register maintained under this Act, strike the respondent's name from the register;

             (2)  Paragraph 31(3)(d) of the Act is repealed and the following substituted:

             (d)  impose a fine not to exceed $10,000 to be paid to the board;

             (3)  Paragraph 31(3)(g) of the Act is repealed and the following substituted:

             (g)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or another body or person designated by the adjudication tribunal,

                   (vii)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                  (viii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                    (ix)  permit periodic inspection of his or her practice,

                     (x)  permit period inspection of records relating to his or her practice, or

                    (xi)  impose other requirements that are just and reasonable in the circumstances.

             (4)  Section 31 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

 

      10. Subsections 33(1) and (2) of the Act are amended by striking out the word "practitioner" and substituting the word "respondent".

 

      11. (1) Section 47 of the Act is amended by renumbering it as subsection 47(1).

             (2)  Paragraph 47(1)(g) of the Act is repealed and the following substituted:

             (g)  prescribing time limits for events in the disciplinary process in Part IV, including time limits for

                      (i)  the filing of an allegation,

                     (ii)  the resolving of an allegation by the registrar,

                    (iii)  the conduct of an investigation under section 27,

                    (iv)  consideration of an allegation by the complaints authorization committee following completion of an investigation,

                     (v)  responding to a complainant and respondent at each stage of the process,

                    (vi)  the conduct of a practice investigation under subparagraph 27(3)(c)(ii),

                   (vii)  the appointment of an adjudication tribunal under section 28, and

                  (viii)  the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing.

             (3)  Section 47 of the Act is amended by adding immediately after subsection (1) the following:

             (2)  Notwithstanding paragraph (1)(g), the minister may make regulations to prescribe time limits for events in the disciplinary process in Part IV where the board has not done so in a time period which the minister considers reasonable.