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Revised Statutes of Newfoundland 1990
AN ACT RESPECTING THE NEWFOUNDLAND DIETETIC ASSOCIATION
1. This Act may be cited as the Dieticians Act.
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2. In this Act
(a) "association" means the Newfoundland Dietetic Association;
(b) "council" means the council of the association;
(c) "minister" means the Minister of Health;
(d) "register" means the register referred to in section 16;
(e) "registered dietician" means a person who is a member in good standing in the association and whose name is entered in the register; and
(f) "the Canadian Dietetic Association" means the association incorporated under that name by Letters Patent in 1935 under Part II of the Companies Act (Canada).
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3. The Newfoundland Dietetic Association is continued as a corporation.
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4. The association may acquire, receive, hold and enjoy property, movable or immovable, and may sell, lease, mortgage, alienate or otherwise dispose of its property.
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5. The aims, objects and purposes of the association shall be to secure fuller recognition of the status of qualified dieticians, and to maintain, improve and increase the professional knowledge, ability and competence of its members, and do all those lawful things that may be necessary, incidental or conducive to the attainment of those objects.
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6. The association in addition to all other powers vested in a corporation is authorized and empowered
(a) with the approval of the minister, to make by-laws and regulations relating to its aims, objects and purposes and for the conduct and management of its affairs and prescribing the terms and conditions for the admission and expulsion of its members and the fees and dues payable by those members and providing for the election of officers and the appointment of committees and the discipline and good conduct of its members;
(b) to borrow money for the purposes of the association and to give security for money so borrowed by way of mortgage, pledge, charge or otherwise;
(c) to establish local branches of the association within the province and to prescribe their powers and to provide for the regulation of them; and
(d) to do all other matters and things that may be necessary for or incidental or conducive to the welfare of its members and their service to the public.
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7. The general administration of the affairs of the association shall be vested in a council which shall consist of the president, vice-president and secretary-treasurer, who shall be elected from among the members in good standing in the association in accordance with its by-laws, the Canadian Dietetic Association Provincial Director for the province and 1 or more members appointed by the president.
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Classes of membership
8. The membership of the association may be divided into active members and honourary members.
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Application for membership
9. Application for active membership in the association shall be made in writing to the council.
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10. An applicant for active membership in the association shall produce with the application
(a) evidence satisfactory to the council as to good character and professional reputation;
(b) evidence of membership in good standing in the Canadian Dietetic Association so long as this association is affiliated with the Canadian Dietetic Association;
(c) proof that he or she has
(i) a bachelor's or equivalent degree from a university or college whose course content shall be approved by the council, or
(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;
(d) proof that he or she has
(i) completed a dietetic internship approved by the council, or
(ii) had 3 years diversified experience in the study and practice of nutrition or dietetics or allied subjects which is acceptable to the council, or
(iii) had 2 years' experience in teaching including teaching in a course in foods or nutrition or in institution administration as a full-time member of a university or college staff and acceptable to the council, or
(iv) a master's degree in the study of foods or nutrition or institution administration and 1 year's experience in the study or practice of nutrition or dietetics or allied subjects which are acceptable to the council.
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11. The dietetic internship and the experience to which reference is made in section 10 shall not be approved or accepted by the council as sufficient unless, in each case, it is certified to be satisfactory by a person having knowledge of the facts and authority to certify.
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12. A person who has complied with the requirements of section 10 and section 11 and whose application for membership has been approved by the council on payment of the required fee and on compliance with this Act and the by-laws of the association shall be entitled to membership in the association.
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13. The council may admit to membership in the association a person who is a resident of the province and who is a member in good standing of an association, similarly constituted, incorporated under the laws of a province of Canada and is also a member in good standing of the Canadian Dietetic Association upon proof of the residence and membership.
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14. The association shall in the manner prescribed by the by-laws hold an annual meeting in each calendar year and those other meetings that are required by its by-laws.
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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 president or the vice-president and the secretary-treasurer, or other person that may be authorized to affix the seal to an instrument or document by resolution of the council.
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Register of dieticians
16. (1) The council shall keep a register in which shall be entered the names of the members of the association together with those other records and particulars that the council may require and those persons only whose names are entered in the register are entitled to the privileges of membership in the association.
(2) The register shall be open to inspection at the head office of the association during regular business hours free of charge.
(3) The register, or a copy or extract of it, certified by the secretary-treasurer shall be, in the absence of evidence to the contrary, evidence in every court in the province and before all persons that the persons whose names are entered there are members of the association in good standing; and the absence of the name of a person from the register shall be, in the absence of evidence to the contrary, evidence that that person is not a member of the association.
(4) The secretary-treasurer shall issue to every person admitted to membership in the association and who has paid the required fees a certificate of registration.
(5) The forms of the certificate issued under subsection (4) shall be prescribed by the council.
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17. The fiscal year of the association shall be from April 1 to March 31 in the next year.
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18. The annual membership fee to be paid by each member shall become due on January 31 in each year.
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Requirements to practise dietetics
19. (1) Except as provided in this Act, a person shall not hold himself or herself out as a registered dietician until he or she has obtained a certificate of registration and has been registered as a member of the association.
(2) Only persons registered as members of the association under this Act shall have the right to use the description "Registered Dietician" or the initials "R.Dt.".
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20. A person not a member of the association in good standing who takes or uses the title "Registered Dietician" or the initials "R.Dt." either alone or in combination with other words, letters or description implying that the person is registered under this Act, or is entitled to be registered under this Act, or is recognized by law as a registered dietician is guilty of an offence and liable upon summary conviction to a fine not exceeding $50 for each offence and in default of payment to imprisonment for a period not exceeding 1 month.
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Revocation of registration
21. (1) The council by a 2/3 majority of its members personally present at a convened meeting of the council may, for cause, revoke the membership and registration of a member for the period that the council may in its discretion decide.
(2) Revocation or suspension of the membership and registration of a member may be made upon complaint in writing, proved to the satisfaction of the council, on the following grounds:
(b) incompetence in his or her profession;
(c) conduct unbecoming to a dietician;
(d) fraud or misrepresentation in the obtaining of a membership or registration;
(e) default for not less than 3 months in payment of the annual fee fixed by the by-laws of the association as a condition of the maintenance of membership in the association;
(f) default in maintaining membership in the Canadian Dietetic Association.
(3) The name of a person whose membership and registration is revoked or suspended shall be struck out of the register and shall not again be entered except by direction of the council.
(4) The council may hear a complaint in regard to a matter for which a membership and registration could be revoked or suspended under subsection (2) and shall determine all those matters brought before it, with power to adjourn.
(5) The council shall make its awards in writing which shall be binding on all members of the association, and 1 copy shall be filed with the secretary-treasurer of the association.
(6) A membership and registration shall not be revoked or suspended unless the member against whom the complaint is made has been given not less than 7 days' notice in writing of the complaint, and of the time and place of hearing of the complaint by the council.
(7) The member against whom the complaint is made may appear before the council upon the hearing of it either in person or by counsel.
(8) Within 6 months after the revocation or suspension of a membership and registration, the person whose membership and registration was revoked or suspended may appeal to a judge of the Trial Division against the decision of the council.
(9) Seven days' notice in writing of the appeal shall be given to the council and the procedure on the appeal shall be as directed by the judge before whom it comes on for hearing.
(10) The decision of the judge shall be final and conclusive and shall immediately be acted upon by the council.
RSN1970 c257 s22; 1974 No57 Sch C;
22. A person who contravenes subsection 19(1) or (2) is guilty of an offence.
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23. A person who obtains or attempts to obtain an entry of his or her name in the register by making a false declaration or misrepresentation either orally or in writing, and a person who knowingly assists in the making of the declaration or misrepresentation, is guilty of an offence.
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24. A person who contravenes this Act is guilty of an offence and is, where no other penalty is provided under this Act, liable on summary conviction to a fine of not more than $50 for each offence and in default of payment to imprisonment for a period not exceeding 1 month.
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