CHAPTER 137. An Act to provide for the establishment of a Medical SHORT TITLE. 1. This Act may be cited as the Canada Medical Act. Short title. 2 E. VII., c. 20, s. 1. INTERPRETATION. 6 2. In this Act, unless the context otherwise requires,— (d) students' means only persons admitted to the study (e) the Council' means the Medical Council of Canada constituted under the provisions of this Act; Definitions. (f) no retroactive effect shall be given to any provision. Not retro2 E. VII., c. 20, ss. 2, 3 and 10. active. tion of Act. 3. This Act shall not be construed as authorizing the creation Construcof medical schools or the giving of medical tuition. 2 E. VII., c. 20, s. 21. CONSTITUTION OF THE COUNCIL. Council of 4. The persons from time to time appointed or elected, or Medical otherwise being, under the provisions of this Act, members Canada. of the Medical Council of Canada, are hereby constituted a corporation under the name of the Medical Council of Canada. 2 E. VII., c. 20, s. 3. 5. The purposes of the Council shall be to promote and Its purposes effect, cation for (a) the establishment of a qualification in medicine, such One qualifithat the holders thereof shall be acceptable and empowered all provinces. to practise in all the provinces of Canada; Register. Requisites for registration. Board of examiners. Medical status. Provincial legislation. Power as to real estate. Composition of Council. (b) the establishment of a register for Canada of medical (e) the establishment of such a status of the medical pro- 6. The Council may acquire and hold such real estate and personal property as is necessary or expedient for the purposes of the Council or of providing a revenue therefor, and may sell, lease or otherwise dispose thereof; but the annual value of the real estate owned by the Council and held for the purposes of revenue only shall not at any time exceed the sum of twenty-five thousand dollars. 2 E. VII., c. 20, s. 5. 7. The Council shall be composed of, (a) one member from each province, who shall be appointed by the Governor in Council; (b) a number of members representing each province, being For the first 100, or fraction thereof.... One, 600, or fraction thereof over one-half.. One; and such members representing each province shall be elected, under regulations to be made in that behalf by the provincial medical council, one by the provincial medical council, and the others by the duly registered medical practitioners having received a license or certificate of registration within the province: Provided that it shall not be competent to any provincial medical council, or the regular practitioners of any province, to elect any person as a member of the Council who is in any wise connected 2284 with with the teaching staff or governing board of any university or incorporated medical school which is under the provisions of this Act entitled to elect a member of the Council, nor shall it be competent to any such provincial medical council to so elect any person belonging to any such particular and distinct school of practice of medicine as is hereinafter mentioned and intended; (c) one member from each university, or incorporated medical college or school in Canada having an arrangement with a university for the conferring of degrees on its graduates, engaged in the active teaching of medicine, who shall be elected by the university or by such college or school under such regulations as may govern in that behalf; (d) three members, who shall be elected by such practitioners in Canada as, by the laws of the province wherein they practise, are now recognized as forming a particular and distinct school of practice of medicine, and, as such, are by the said laws entitled to practise in the province. 2. No one shall be a member of the Council unless he,(a) resides in the province for which he is an appointed members. or elected member; (b) is a duly registered member of the medical profession according to the laws of the province which he represents; (c) is duly registered as a medical practitioner in the register established under the provisions of this Act; but this latter qualification shall not be required of any of the members originally composing the Council. Qualifica. tion of tation of a 3. No province shall be represented upon the Council either Condition as by appointed or elected members until the legislature of the to represenprovince has enacted in effect that registration by the Council province. shall be accepted as equivalent to registration for the like purpose under the laws of the province; and when all the provinces shall have legislated in effect as aforesaid, it shall be lawful to appoint and elect in the manner aforesaid the members of the Council. 2 E. VII., c. 20, s. 6. 8. The term of office for appointed members shall be four Appointed years. members. Others. 2. Members elected by provincial medical councils shall Elected remain in office during the term of office of the members of the medical council of the province for which they are elected. 3. All other members shall be elected for four years. 4. Any member may at any time tender his resignation Resignaby written notice thereof to the president or to the secretary tions. of the Council; and, upon the acceptance of such resignation by the Council, the Council shall forthwith give notice in writing thereof, in case of an appointed member, to the Secretary of State of Canada, and, in case of an elected member, to the secretary of the medical council for the province, or to the university, incorporated medical school or college, or Re-election. Election of successors. Failure to elect a member. Member filling vacancy. Tenure of office. to the president or the secretary of the recognized distinct school of practice of medicine, which such member represents. 5. Any person who is or has been a member may, if properly qualified, be re-appointed or re-elected; but no person shall at one time serve as a member in more than one capacity. 6. In the case of members of the Council whose term of office is about to expire, successors may be appointed or elected at any time within three months before the expiration of such term; and where any vacancy exists in the membership of the Council by reason of any term of office having expired, or otherwise, such vacancy may be filled at any time. 7. If there has been a failure to elect a member of the Council, or to elect a properly qualified member, or to cause the name of the member elected to be certified to the secretary of the Council within a reasonable time after such election might have been made, then, after notice from the Council, requiring the provincial medical council, or the university, or incorporated medical school or college, or the recognized distinct school of practice of medicine, to cause such election to be made and to certify the result thereof to the Council within one month from the date of service of such notice, the Council may, in case the default continues, itself elect such member. 8. A member appointed or elected to fill a vacancy caused by death or resignation shall hold office in all respects as the person in whose place he is appointed or elected would have held office, and for the remainder of the term for which that person was appointed or elected. 9. All members appointed or elected shall continue in office until their successors are appointed or elected, or until the expiration of their term of office if their successors appointed or elected before the expiration of such term of office. 2 E. VII., c. 20, s. 7. OFFICERS OF THE COUNCIL. Executive. Registrar. Other officers. Security by officers. Remunera tion of executive and officers. 9. The Council may from time to time, (a) elect from among its members a president, a vicepresident and an executive committee; (b) appoint a registrar, who may also, if deemed expedient, act as secretary and treasurer; (c) appoint or engage such other officers and employees as the Council deems necessary to carry out the objects and provisions of this Act; (d) require and take from the Registrar, or from any other (e) fix the allowances or remuneration to be paid to the MEETINGS. MEETINGS. 10. The Council shall hold its first meeting at the city of First Ottawa, at such time and place as is appointed by the Minister meeting. of Agriculture; and, thereafter, an annual meeting of the Other Council shall be held at such time and place as is from time to time appointed by the Council. meetings. 2. Until otherwise provided by regulation of the Council, Quorum. twenty-one members of the Council shall form a quorum, and all acts of the Council shall be decided by a majority of the members present. 2 E. VII., c. 20, s. 9. REGULATIONS. defined. 11. The Council may make regulations not contrary to law Powers or to the provisions of this Act, for or with reference to all of Council or any of the purposes or objects for the promoting or effecting of which the Council is created or established, including, but without limiting the generality of these powers,— (a) the direction, conduct and management of the Council, Executive. and of its property; (b) the summoning and holding of the meetings of the Meetings. Council, the times and places where such meetings are to be held, the conduct of business thereat, and the number of members necessary to constitute a quorum; and vice (c) the powers and duties of the president and vice-president, President and the selection of substitutes for them if unable to president. act from any cause at any time; (d) the tenure of office, and the powers and duties of the Officers. Registrar and other officers and employees; tees. (e) the election and appointment of an executive com- Commitmittee and of other committees for general and special purposes, the definition of their powers and duties, the summoning and holding of their meetings, and the conduct of business by such committees; (f) generally, all fees to be required, paid or taken under Fees. this Act; tions. (g) the establishment, maintenance and effective conduct Examinaof examinations for ascertaining whether candidates possess the qualifications required; the number, nature, times and modes of such examinations; the appointment of examiners; the terms, upon which matriculation and other certificates from universities, schools and other medical institutions, shall be received as evidence of qualification; the exemption of candidates from undergoing examinations, either wholly or partially; and generally all matters incident to such examinations or necessary or expedient to effect the objects thereof; (h) the recognition of licenses granted by any British, Reciprocity. Canadian, colonial or foreign licensing body or authority; the arranging and bringing into effect of any schemes of |