| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
Licence Disclaimer |
| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"association" means The British Columbia Association of Optometrists;
"board" means the board of examiners continued by this Act;
"council" means the executive council of the association;
"optometric corporation" means a corporation in respect of which a permit has been issued;
"optometrist" means a person authorized to practise optometry under this Act or the rules made under this Act;
"permit" means a permit issued under section 9.2 and includes a renewal of the permit.
Historical Note(s): RS1960-272-2; 1986-16-27, effective April 3, 1987 (B.C. Reg. 95/87); 1989-29-7.
2. (1) The British Columbia Optometric Association is continued as a corporation having power to acquire, hold and dispose of property and is renamed "The British Columbia Association of Optometrists".
(2) The head office of the association shall be at Vancouver or another place the association decides.
Historical Note(s): RS1960-272-3; 1986-16-28, effective April 3, 1987 (B.C. Reg. 95/87).
3. The bylaws of the association may be amended in accordance with the procedure laid down in this Act.
Historical Note(s): RS1960-272-4.
[Editorial Note(s): Bylaws in force April 10, 1946 were continued in force by 1946-54-4.]
4. Persons registered under the Optometry Act, 1934, continue to be members of the association and persons registered under this Act are members of the association.
Historical Note(s): RS1960-272-5.
5. (1) There shall be an executive council of the association consisting of 13 members, and the association may by bylaw
(a) prescribe the manner of electing the council;
(b) alter the number of members which shall comprise the council;
(c) establish regional districts in the Province for which there may be representation on the council; and
(d) stipulate the number of members of the association which may be elected as representatives for each district defined under paragraph (c).
(2) It is deemed that the members of the association who formed the council at any time between July, 1958, and July, 1967, were constitutionally elected, and that all actions taken by the council and the board in the discharge of their duties, responsibilities and functions, within the provisions of this Act or its regulations and bylaws, were valid and constitutional.
Historical Note(s): RS1960-272-6; 1967-49-10.
6. (1) The association may pass bylaws not inconsistent with this Act regarding
(a) election of the council;
(b) powers and proceedings of the council and the duties of its members;
(c) election of board members;
(d) maintenance of the association and management of its property and affairs;
(e) the calling and conduct of meetings, voting and general business, banking, borrowing and credits; and
(f) all other purposes reasonably necessary for management of the association.
(2) A bylaw of the association may be disallowed by the Lieutenant Governor in Council.
(3) The association shall mail the minister a copy of every bylaw passed by the association within 2 weeks after its passage.
Historical Note(s): RS1960-272-7; 1986-16-29, effective April 3, 1987 (B.C. Reg. 95/87).
7. (1) The business of the association shall be managed by the council.
(2) In the interval between meetings of the association the council may exercise all powers of the association that are not by this Act or bylaws required to be exercised by the association in general meeting.
Historical Note(s): RS1960-272-8.
8. (1) There shall be a board of examiners composed of 7 persons.
(2) One member of the board who is not a member of the association may be appointed by the Lieutenant Governor in Council and, of the remaining members, 2 shall be elected from among the members of the association by the council each year in accordance with the bylaws.
(2.1) Notwithstanding subsection (2), on a date fixed or determined in the bylaws, which shall be within 12 months of the coming into force of this section, the term of office of all elected board members shall end and 6 board members shall be elected, of whom
(a) 2 shall be elected for a one year term,
(b) 2 shall be elected for a 2 year term, and
(c) 2 shall be elected for a 3 year term.
(3) Board members shall hold office for a term of 3 years, but the council may remove a member of the board at any time and the removed member may hold office until a successor is appointed.
(4) The Lieutenant Governor in Council may terminate the appointment of the member he appoints.
(5) In the event of the death, insanity, bankruptcy, resignation, removal or expiration of the term of office of a board member a successor shall be elected by the council in the same manner, and he shall hold office for the unexpired term of his predecessor.
(6) If doubt or dispute arises as to the legality or validity of the appointment of a board member, the council may determine the matter and its determination shall be final.
(7) A majority of the board shall form a quorum.
(8) The board shall appoint one of its members to be chairman and shall appoint a secretary of the board.
Historical Note(s): RS1960-272-9; 1986-16-30, effective April 3, 1987 (B.C. Reg. 95/87).
9. (1) The board may make rules and may make different rules for different classes of persons
(a) establishing the course of training and education for persons engaging in the study of optometry and qualifications for registration as optometrists;
(b) providing for a course of instruction in optometry in the Province;
(c) concerning examination and admission of applicants to the study and practice of optometry;
(d) concerning the practice of optometry;
(e) concerning the government, discipline, competency and honour of those engaged in the practice of optometry;
(f) fixing the fees payable by applicants for examination, registration and certificates of registration;
(g) providing for the annual fees payable by members of the association and the penalties for failing to pay them and for renewal of a certificate of registration and for a licence issued by the board;
(h) establishing board procedure at its meetings and hearings;
(i) establishing the duties of the secretary and staff of the board;
(j) regulating advertising by optometrists;
(k) concerning management and disposition of money and funds coming to the board;
(l) respecting the use and the prohibition of the use for diagnostic purposes of drugs or classes of drugs by optometrists;
(m) respecting requirements for the renewal of licences including fitness, competency, moral character, continuing education and minimum time in practise during present and preceding years;
(n) creating discretionary powers related to the rule making powers in this section;
(o) generally for the better carrying out of this Act.
(2) The rules in effect immediately prior to passage of this Act shall continue in full force under this Act until amended under the powers vested in the board, but an amendment of the rules shall not have force until approved by the Lieutenant Governor in Council.
Historical Note(s): RS1960-272-10; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1986-16-31, effective April 3, 1987 (B.C. Reg. 95/87).
9.1 Subject to this Act and the rules, an optometric corporation may carry on the business of providing optometric services to the public through one or more persons each of whom is
(a) an optometrist, or
(b) an employee of the optometric corporation under the direct supervision of an optometrist.
Historical Note(s): 1989-29-8.
9.2 (1) The board shall issue an optometric corporation permit to a corporation that is incorporated under the Company Act and is in good standing under that Act where the board is satisfied that
(a) the name of the corporation includes the words "optometric corporation",
(b) all of the voting shares are legally and beneficially owned by optometrists,
(c) all of the non-voting shares are legally and beneficially owned by
(i) optometrists,
(ii) the spouse of an optometrist who is a shareholder,
(iii) a person who, although not married to an optometrist who is a shareholder, lives with the optometrist and has lived with that optometrist as husband or wife for a period of not less than 2 years,
(iv) a child, as defined in the Family Relations Act, of an optometrist who is a shareholder, or
(v) any other relative of an optometrist who is a shareholder where the relative resides with the optometrist,
(d) all of the directors of the corporation are optometrists, and
(e) all of the persons who will be practising optometry on behalf of the corporation are optometrists or are under the direct supervision of an optometrist.
(2) The board may refuse to issue a permit under subsection (1) where
(a) the optometric corporation has previously had its permit revoked, or
(b) a shareholder of the optometric corporation was a shareholder of an optometric corporation that previously had its permit revoked.
Historical Note(s): 1989-29-8.
9.3 (1) A corporation that has the words "optometric corporation" as part of its name shall not carry on any business unless it holds a valid permit.
(2) An optometric corporation that holds a permit shall not carry on any activities, other than the provision of optometric services or services that are directly associated with the provision of optometric services that would, for purposes of the Income Tax Act (Canada), give rise to income from business.
(3) No act of an optometric corporation, including a transfer of property to or by the corporation, is invalid by reason only that the corporation contravenes subsection (1) or (2).
Historical Note(s): 1989-29-8.
9.4 No shareholder of an optometric corporation shall enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not an optometrist the authority to exercise the voting rights attached to any or all of the shares.
Historical Note(s): 1989-29-8.
9.5 (1) The liability for professional negligence of an optometrist carrying on the practice of optometry is not affected by the fact that the optometrist is carrying on that practice as an employee on behalf of an optometric corporation.
(2) The relationship of an optometrist to an optometric corporation, whether as a shareholder, director, officer or employee of an optometric corporation, does not affect, modify or diminish the application to the optometrist of the provisions of this Act and the rules made under it.
(3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between an optometrist and a person receiving the professional services of an optometrist.
(4) The relationship between an optometric corporation carrying on business as permitted under this Act and a person receiving optometric services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between an optometrist and the optometrist's client.
Historical Note(s): 1989-29-8.
9.6 (1) The board may, after a hearing, revoke the permit issued to an optometric corporation where
(a) in the course of providing optometric services the corporation does anything that, if done by an optometrist, would be conduct unbecoming an optometrist,
(b) the corporation contravenes section 9.3, or
(c) the corporation ceases to comply with a condition of qualification referred to in section 9.2 or a condition under section 9.7 (1) (c) or (2).
(2) The board may, rather than revoking a permit under subsection (1),
(a) reprimand one or more of the shareholders of an optometric corporation, or
(b) impose a fine on the optometric corporation in an amount not exceeding $10 000.
(3) Where a permit is revoked under this section, the board shall inform the Registrar of Companies who shall amend the name of the corporation whose permit has been revoked
(a) by deleting the words "optometric corporation" from it, and
(b) by making any other amendments that the Registrar of Companies considers necessary or advisable.
(4) All shareholders, directors, officers and employees of an optometric corporation may be
(a) compelled to give evidence at a proceeding under this Act other than as a defendant in a proceeding under section 21, or
(b) required to produce all files and records that are in their possession or power and that are relevant to matters raised in the proceeding.
Historical Note(s): 1989-29-8.
9.7 (1) The board may make rules that it considers necessary or advisable for the purposes of sections 9.1 to 9.6 and, without limiting that, may make rules
(a) respecting the issue and renewal of permits, including
(i) the establishment of a procedure to obtain a permit and a renewal of a permit, and
(ii) fixing fees for the obtaining of a permit or a renewal of a permit,
(b) respecting procedures for revocation of permits, including the adaptation, in a manner that the board considers necessary or advisable, of rules respecting proceedings before it,
(c) fixing conditions that may be attached to permits that are issued or renewed under this Act,
(d) respecting names and the approval of names including the types of names by which an optometric corporation may be known, and
(e) respecting the disposition of shares of a shareholder of an optometric corporation who
(i) ceases to be an optometrist, or
(ii) remains an optometrist but is not qualified to practise optometry.
(2) The board may, as a condition of issuing or renewing a permit, fix an amount of insurance that the holder of the permit must carry or must provide to each of its employees for the purpose of providing indemnity against professional liability claims.
(3) The rules under subsection (1) or the amount fixed under subsection (2) may be different for different permit holders, at the discretion of the board.
(4) Rules made by the board under this section and amendments made to these rules do not come into force until approved by the Lieutenant Governor in Council.
Historical Note(s): 1989-29-8.
9.8 The rules made under section 9 apply to optometric corporations and the association and board may exercise the powers given by this Act and the rules to enforce those rules.
Historical Note(s): 1989-29-8.
10. The board's expenses shall be paid from money received for fees, and in no event are those expenses payable out of public money.
Historical Note(s): RS1960-272-11.
11. No act of the association, council or board shall be or be deemed to have been invalidated or impugned by reason of an irregularity in or invalidity of the election, appointment, registration or otherwise the selection of persons as members of the association, council or board respectively.
Historical Note(s): 1968-53-16.
12. (1) Every person who
(a) is a Canadian citizen or permanent resident of Canada of the full age of 19 years;
(b) [Repealed 1985-68-102, effective December 13, 1985 (B.C. Reg. 392/85).]
(c) files with the board a photograph of himself and an application verified by affidavit on a form specified by the board;
(d) satisfies the board by any required documentary or other evidence of the facts alleged in the application;
(e) passes the examinations specified by the board; and
(f) pays the fees specified by the board
is entitled to be registered by the board as an optometrist and to receive from the board a certificate of registration.
(2) Every certificate of registration issued by the board before April 11, 1946 continues in full force and entitles its holder to practise optometry subject to this Act and the rules.
(3) Before a certificate of registration is issued and delivered to the person entitled to it, it shall be numbered and registered in a book to be kept by the secretary of the board as a register of the persons entitled to practise optometry, and each certificate of registration issued shall be numbered consecutively and the number written on the certificate and in the register.
Historical Note(s): RS1960-272-12; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1985-68-102, effective December 13, 1985 (B.C. Reg. 392/85).
13. (1) A person who is the registered holder of a certificate of registration issued by the board is, on payment of the annual licence fee and on compliance with the requirements of this Act and the rules made under this Act, entitled to receive from the board a licence entitling him to practise optometry in the Province during the calendar year for which it is issued.
(2) Every optometrist shall display his certificate of registration and licence in a conspicuous place in the office or place where he usually practises optometry, and when required shall exhibit them to the board or its authorized representative.
(3) Every optometrist shall keep continuously displayed in a conspicuous place at the entrance to the place where his practice is carried on a notice bearing only his name and a title permitted under section 14.1.
Historical Note(s): RS1960-272-13; 1986-16-32, effective April 3, 1987 (B.C. Reg. 95/87).
14. (1) The board may, after giving a current or former optometrist an opportunity to be heard, determine if he has
(a) contravened this Act or a rule made under it,
(b) failed to comply with a limitation, term or condition imposed under this Act or the rules,
(c) incompetently practised optometry, or
(d) engaged in unprofessional conduct.
(1.1) Where the board makes a determination under subsection (1), it may, where appropriate, do one or more of the following:
(a) dismiss the matter;
(b) reprimand the current or former optometrist;
(c) impose limitations or conditions on the certificate of registration of the optometrist;
(d) suspend the certificate of registration of the optometrist;
(e) cancel the certificate of registration of the optometrist;
(f) require that the current or former optometrist pay to the association some or all of the reasonable costs of the hearing and may determine the amount of those costs.
(1.2) Where the board dismisses a matter under subsection (1.1) (a), the board may pay the current or former optometrist, who was the subject of the hearing, his reasonable costs in an amount it determines.
(1.3) Where the board determines the amount of costs under subsection (1.1) (f) or (1.2), the amount may be taxed under the Supreme Court Rules, as nearly as they are applicable, by the registrar or district registrar of the Supreme Court, in the judicial district in which the hearing under subsection (1) takes place, on the scale provided in Appendix C of the Supreme Court Rules, as nearly as they are applicable, and, where the certificate of the registrar certifying the amount of costs awarded is filed with the court, it may be enforced as if it were an order of the court.
(2) No determination shall be made under subsection (1) unless the current or former optometrist has been given at least 15 days' notice in writing of the hearing.
(3) The board may take evidence under oath, and a board member may administer oaths to witnesses at hearings under this section.
(4) All rights and privileges under this Act of a person whose certificate of registration has been suspended shall cease for the time limited by the board; and on the suspension that person shall promptly deliver his certificate of registration and licence to the secretary of the board.
(5) A person whose certificate of registration has been revoked may, after 90 days, apply to have it reissued, and the board in its discretion may reissue the applicant a certificate of registration and licence, on compliance with any terms and conditions and payment of any costs imposed by the board.
(6) A person who practises optometry after his certificate of registration has been revoked, or during a suspension of it, shall be deemed to be practising optometry without registration.
(7) If a certificate of registration has been suspended or revoked, the licence issued to the holder of the certificate shall be deemed to be suspended or revoked, as the case may be.
(8) A certificate of registration that has been fraudulently or incorrectly obtained may be revoked by order of the board.
Historical Note(s): RS1960-272-14; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1986-16-33, effective April 3, 1987 (B.C. Reg. 95/87).
14.1 (1) An optometrist holding a valid and subsisting licence under this Act, who holds the academic qualification of Doctor of Optometry granted by a university for a course of studies accepted by the board as qualification for registration and licensing under this Act, may display or make use of the title "doctor" or the abbreviation "Dr.", but only as "Doctor of Optometry", "Dr. of Optometry", "Optometry Doctor" or "Optometry Dr.", but no optometrist shall use the title "doctor" or the abbreviation "Dr." in such a way as to suggest an occupation relating to the treatment of human ailments other than as permitted under this Act.
(2) The board may, on application from an optometrist licensed on or before January 1, 1984 to practise in British Columbia, grant to that optometrist the right to use the title "doctor" or the abbreviation "Dr." as set out in subsection (1), provided the board is satisfied that the academic qualification of the optometrist is the equivalent of the academic program leading to the degree of Doctor of Optometry as granted in Canada.
Historical Note(s): 1984-19-12.
15. (1) A person who fails to pass an examination, whose certificate of registration has been revoked or suspended or who feels himself aggrieved by an order or decision of the board, may appeal to the Supreme Court within 6 months after the date when the result of the examination is announced or the order or decision is made, as the case may be.
(2) The court, on hearing the appeal, may confirm, vary or reverse, either in whole or in part, the result of the examination or the order or decision appealed from, or it may make another order it thinks proper.
(3) The court may refer to an optometrist or to a medical practitioner any matter arising in an appeal by a person who has failed to pass an examination.
(4) Costs of the appeal shall be in the discretion of the court.
Historical Note(s): RS1960-272-15; 1976-33-102.
16. Any one or a combination of the following practices constitutes the practice of optometry:
(a) investigation of the functions of the human eye by diagnostic drugs in accordance with the rules made under this Act and by test lenses, test cards, trial frames and other instruments or devices designed for that investigation; and
(b) prescription or adaptation of lenses, prisms or the use of orthoptic instruments of any kind to improve or correct the visual function, or to adapt the visual function to the requirements of a special occupation.
Historical Note(s): RS1960-272-16; 1986-16-34, effective April 3, 1987 (B.C. Reg. 95/87).
17. A person shall not practise optometry in the Province unless he is the holder of a certificate of registration issued by the board and of a valid current and subsisting annual licence.
Historical Note(s): RS1960-272-17.
18. (1) A person who is not the holder of a certificate of registration issued by the board and of a valid current and subsisting licence issued to him under this Act shall not, in the Province, directly or indirectly, offer to practise or hold himself out as being qualified or entitled to practise optometry either in the Province or elsewhere.
(2) A person shall not in the Province, directly or indirectly,
(a) hold out or represent another person not registered and licensed under this Act as practising or qualified or entitled or willing to practise the profession of optometry in the Province or elsewhere; or
(b) circulate or make public anything designed or tending to induce the public to engage or employ as an optometrist a person not registered and licensed under this Act.
(3) No person, other than a person holding a valid and subsisting licence under this Act, shall use the title "optometrist" or any word, abbreviation, letter, sign or other designation that claims or implies that the person is authorized or qualified to practise optometry.
Historical Note(s): RS1960-272-18; 1984-19-13.
19. A person who is not an optometrist shall not by advertisement in a newspaper, in a written or printed circular, on a business card or sign or through or by another medium, assume a title, name or description implying or calculated to lead to the belief he is qualified or entitled to practise optometry.
Historical Note(s): RS1960-272-19.
20. (1) An optometrist shall not use a trade name or corporate name in connection with the practice of optometry; but an optometrist may practise optometry in a partnership of which all partners are optometrists under a firm name that includes the surname of one or more of the members.
(2) Nothing in this Act shall make it illegal for an existing firm or corporation carrying on the practice of optometry on April 28, 1948, to continue carrying on that practice under its firm or corporate name so long as those employed in the practice of optometry by the firm or corporation are optometrists.
Historical Note(s): RS1960-272-20.
21. (1) A person who contravenes section 17, 18 (1), (2) (a) or (b) or (3) or 19 commits an offence.
(2) Section 5 of the Offence Act does not apply to this Act or to the rules or bylaws made under this Act.
Historical Note(s): 1986-16-35, effective April 3, 1987 (B.C. Reg. 95/87).
22. This Act does not
(a) apply to medical practitioners;
(b) apply to the sale or disposal of glasses not manufactured or adapted to improve or correct conditions of the human eye;
(c) prevent the sale by a person of glasses, spectacles or lenses made to fill a prescription from a medical practitioner or optometrist; or
(d) prevent the sale of complete ready to wear glasses or spectacles sold as merchandise from a permanent place of business.
Historical Note(s): RS1960-272-22,24.
23. A medical practitioner or optometrist may employ a qualified orthoptic technician to perform, under his direction and control, orthoptic or visual training procedures.
Historical Note(s): RS1960-272-23.
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada