This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date.

Podiatrists Act

[RSBC 1979] CHAPTER 330

Contents
Section
  1.  Interpretation
  2.  Board of examiners
  2.1  Duties and objects of the association
  3.  Board may make rules
  3.1  Annual report
  4.  Admission to practise
  5.  Restrictions
  5.1  Titles
  6.  The British Columbia Association of Podiatrists
  7.  Powers of association
  7.1  Right to provide podiatric services through a corporation
  7.2  Corporate registration
  7.3  Prohibition against carrying on business
  7.4  Voting agreements prohibited
  7.5  Responsibility of podiatrists
  7.6  Revocation of permits
  7.7  Rules
  7.8  Rules apply to corporations
  8.  Expenses of board
  8.1  Inspectors
  8.2  Powers and duties of inspectors
  8.3  Search and seizure under court order
  8.4  Detention of things seized
  8.5  Prohibition against obstructing inspection or search
  8.6  Extraordinary action to protect public
  9.  Revocation of certificates
  10.  Prohibition of unregistered person from practising
  11.  Persons exempt from Act
  12.  Penalty for obtaining registration on false representation
  13.  Penalty for practising unlawfully
  14.  Falsely pretending to be podiatrist
  15.  Penalty for using false titles
  16.  Application of fines
  17.  General penalty
  18.  Prosecutor

Interpretation

1.  (1) In this Act

"association" means the British Columbia Association of Podiatrists referred to in section 6;

"board" means the Board of Examiners in Podiatry referred to in section 2;

"certificate" includes interim certificate;

"diagnosis" means the process of ascertaining a disease or ailment by its general symptoms;

"electrical treatment" means the administration of electricity to the foot or leg by means of electrodes, rays and the like, other than Xray unless used for diagnostic purposes;

"hospital" means a hospital as defined in section 1 of the Hospital Act;

"inspector" means an inspector appointed under section 8.1;

"manipulative treatment" means the use of the hand or machinery in the operation or working on the foot or its articulations;

"mechanical treatment" means the application of a mechanical appliance to the foot or in the shoe to treat a disease, deformity or ailment;

"medical treatment" means the application to, or prescription for, the foot of medicines, pads, adhesives, felt, plasters or a medicinal agency;

"permit" means a permit issued under section 7.2 and includes a renewal of the permit;

"podiatric corporation" means a corporation in respect of which a permit has been issued;

"podiatrist" means a person authorized to practice podiatry under this Act;

"surgical treatment" means

(a) minor surgery on the foot by the use of cutting instruments for treatment of a disease, ailment or condition such as corns, callouses, warts, cysts, hammer toes, ingrown, infected or deformed toe nails or infected or ulcerative lesions and other minor surgery on the foot the board may by unanimous resolution approve; and

(b) other surgery on the foot when performed in a hospital as the medical staff of that hospital permits.

(2) For the purposes of this Act, the practice of podiatry is the diagnosis and medical, surgical, mechanical, manipulative and electrical treatment of the human foot, including the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot, or any combination of those practices or treatments, but does not include treatment of the foot that may affect the course or treatment of a systemic disease unless that treatment is carried out at the direction or under the supervision of a medical practitioner.

(3) A podiatrist shall not use an anaesthetic other than a local anaesthetic.

Historical Note(s): RS1960-53-2; 1963-8-4; 1972-44-1,2; 1989-29-17; 1993-50-55.

Board of examiners

2.  (1) The board constituted in and for the Province known as The Board of Examiners in Chiropody shall continue under the name "The Board of Examiners in Podiatry" and shall be composed of 5 persons. Four members shall be appointed by the executive council of the association, at least 2 of whom shall be medical practitioners, one of whom shall be a practising orthopaedic surgeon. The fifth member shall be appointed by the Lieutenant Governor in Council.

(2) Each board member shall hold office for a term of 5 years from the date of his appointment, unless he dies, resigns or is removed from office during his term.

(3) Board members are eligible for reappointment.

(4) In the event of a vacancy occurring by reason of the death, resignation or removal from office of a board member, the vacancy shall be filled by the appointment of a person to membership by the Lieutenant Governor in Council.

(5) A board member may be removed by the Lieutenant Governor in Council at any time for neglect of duty, incompetence or misconduct.

(6) Three board members constitute a quorum.

Historical Note(s): RS1960-53-3; 1963-8-5; 1972-44-3,4.

Duties and objects of the association

2.1  (1) It is the duty of the association at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The association has the following objects:

(a) to superintend the practice of podiatry;

(b) to govern registered podiatrists according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of registered podiatrists;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registered podiatrists;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst registered podiatrists;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst registered podiatrists;

(h) to require registered podiatrists to provide an individual with access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the association and perform other duties through the exercise of the powers conferred by this Act or the rules.

Historical Note(s): 1993-50-57.

Board may make rules

3.  (1) The board may make rules

(a) establishing the course of training and education for persons engaging in the practice of podiatry, and the qualifications for admission to registration as podiatrists;

(b) for accepting the licences, certificates or other evidence of qualification of persons applying for registration who have been carrying on practice as podiatrists or are qualified to do so in any province of Canada;

(c) establishing the procedure of the board at its meetings and on the hearing of a complaint that a person holding a certificate under this Act has been guilty of any violation of the law or of incompetence, inebriety, fraud, misrepresentation or unprofessional conduct;

(d) establishing the duties of the chairman, the secretary and staff of the board;

(e) generally for carrying out the provisions of this Act with respect to the examination, registration and licensing of practitioners; and

(f) concerning the government, discipline and honour of those engaged in the practice of podiatry.

(2) The rules and amendments made by the board do not come into force until approved by the Lieutenant Governor in Council.

Historical Note(s): RS1960-53-4; 1963-8-6; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Annual report

3.1  The board must submit an annual report respecting the association, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the association.

Historical Note(s): 1993-50-58.

Admission to practise

4.  (1) A person desiring to commence the practice of podiatry shall file with the secretary of the board an application, verified by affidavit, to be supplied by the board, stating that the applicant is more than 19 years of age, of good moral character and possesses the qualifications as to general education, training and experience required by the rules made by the board, and shall present himself before the board and submit to an examination as to his qualifications for the practice of podiatry.

(2) Every candidate successfully passing the examination shall be registered by the board as a podiatrist possessing the qualifications required by this Act, and the board shall then issue to him a certificate of registration in the form it determines. The certificate shall be displayed by him in a conspicuous place in his place of practice.

(3) Where the board is not satisfied that an applicant has sufficient clinical experience, it may issue an interim certificate valid for not more than one year, to an applicant who otherwise meets the requirements of subsections (1) and (2), to authorize him to practise podiatry in a podiatry clinic or as an employee of a registered podiatrist approved by the board.

(4) Notwithstanding section 9, if the board in its discretion considers that an interim certificate should be revoked in the interest of the public or the profession of podiatry, it may revoke the interim certificate at any time.

(5) Before a certificate is issued it shall be numbered and recorded in a register kept in the secretary's office, and the number Noted on the certificate.

(6) A person whose name has been ordered erased from the register, or who feels himself aggrieved or is affected by an order or decision of the board, may appeal from the order or decision to the Supreme Court at any time within one month from the date of the order or decision, or the publication or express notice of it. The court, on hearing the appeal, which may be analogous to an appeal to the Supreme Court under the Offence Act, may vary, confirm or reverse the order or decision appealed from either in whole or in part. Costs of the application shall be in the discretion of the court.

Historical Note(s): RS1960-53-5; 1963-8-7; 1965-36-2; 1972-44-5,6; 1976-33-106; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1989-40-175.

Restrictions

5.  The use of the titles "chiropodist" or "podiatrist" shall be restricted to persons authorized to practise podiatry under this Act.

Historical Note(s): RS1960-53-6; 1963-8-8.

Titles

5.1  (1) A podiatrist registered under this Act who holds the academic qualification of Doctor of Podiatric Medicine granted by a school or college of podiatric medicine for a course of studies accepted by the board as qualification for registration under this Act, may display or make use of the title "doctor" or the abbreviation "Dr.", but only as "Doctor of Podiatric Medicine", "Dr. of Podiatric Medicine", "Podiatric Doctor" or "Podiatric Dr.", but no podiatrist shall use the title "doctor" or the abbreviation "Dr." in such a manner 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 a podiatrist registered on or before January 1, 1984 to practise in British Columbia, grant to that podiatrist 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 podiatrist is the equivalent of the academic program leading to the degree of Doctor of Podiatric Medicine from a school or college of podiatric medicine approved by the board.

Historical Note(s): 1984-19-15.

The British Columbia Association of Podiatrists

6.  (1) The persons registered under this Act shall continue to be a corporation with a common seal, under the name of "The British Columbia Association of Podiatrists".

(2) The head office of the association shall be at Vancouver, British Columbia.

Historical Note(s): RS1960-53-7; 1963-8-9.

Powers of association

7.  (1) The association may

(a) acquire and dispose of property;

(b) determine the conditions and requirements for membership in the association;

(c) fix, determine and collect all fees and assessments;

(d) determine and enforce fines and penalties for default by members;

(e) suspend members from exercising privileges under this Act; and

(f) generally exercise all corporate rights.

(2) The association may exercise any power, duty or right, and has equivalent capacity and status either in the name "The British Columbia Association of Chiropodists" or the name "The British Columbia Association of Podiatrists".

(3) The association may pass bylaws regarding

(a) election of the executive council of the association and defining the committee of the executive council and its powers;

(b) the maintenance of the association and management of its property;

(c) the calling and conduct of meetings, voting and general business, banking, borrowing and credits;

(d) the powers and procedure of the executive council, and the duties of its members and prescribing the procedure for carrying on the business of the association and of the executive council;

(e) fees payable on application for membership, for examination, on registration and for licences to practise and to provide for annual fees, assessments and renewals of registration and licences and for their collection;

(f) fines and penalties, including the suspension and revocation of licences and registration and the procedure for enforcing them, and compliance with the requirements of this Act and bylaws and rules enacted under it; and

(g) all other purposes reasonably necessary for the management of the association and the due exercise of its corporate powers.

(4) Notwithstanding this Act, a bylaw of the association may be disallowed by the Lieutenant Governor in Council.

Historical Note(s): RS1960-53-8; 1963-8-10; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Right to provide podiatric services through a corporation

7.1  Subject to this Act and the rules, a podiatric corporation may carry on the business of providing podiatric services to the public through one or more persons each of whom is

(a) a podiatrist, or

(b) an employee of the podiatric corporation under the direct supervision of a podiatrist.

Historical Note(s): 1989-29-18.

Corporate registration

7.2  (1) The board shall issue a podiatric corporation permit to a corporation that is incorporated under the Company Act and is in good standing under that Act where it is satisfied that

(a) the name of the corporation includes the words "podiatric corporation";

(b) all of the voting shares are legally and beneficially owned by podiatrists;

(c) all of the non-voting shares are legally and beneficially owned by

(i)  podiatrists,

(ii)  the spouse of a podiatrist who is a shareholder,

(iii)  a person who, although not married to a podiatrist who is a shareholder, lives with the podiatrist and has lived with that podiatrist as husband or wife for a period of not less than 2 years,

(iv)  a child, as defined in the Family Relations Act, of a podiatrist who is a shareholder, or

(v)  any other relative of a podiatrist who is a shareholder where the relative resides with the podiatrist,

(d) all of the directors of the corporation are podiatrists, and

(e) all of the persons who will be practising podiatry on behalf of the corporation are podiatrists or are under the direct supervision of a podiatrist.

(2) The board may refuse to issue a permit under subsection (1) where

(a) the podiatric corporation has previously had its permit revoked, or

(b) a shareholder of the podiatric corporation was a shareholder of a podiatric corporation that previously had its permit revoked.

Historical Note(s): 1989-29-18.

Prohibition against carrying on business

7.3  (1) A corporation that has the words "podiatric corporation" as part of its name shall not carry on any business unless it holds a valid permit.

(2) A podiatric corporation that holds a permit shall not carry on any activities, other than the provision of podiatric services or services that are directly associated with the provision of podiatric services that would, for purposes of the Income Tax Act (Canada), give rise to income from business.

(3) No act of a podiatric 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): 1989-29-18.

Voting agreements prohibited

7.4  No shareholder of a podiatric corporation shall enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a podiatrist the authority to exercise the voting rights attached to any or all of the shares.

Historical Note(s): 1989-29-18.

Responsibility of podiatrists

7.5  (1) The liability for professional negligence of a podiatrist carrying on the practice of podiatric is not affected by the fact that the podiatrist is carrying on that practice as an employee on behalf of a podiatric corporation.

(2) The relationship of a podiatrist to a podiatric corporation, whether as a shareholder, director, officer or employee of the podiatric corporation, does not affect, modify or diminish the application to the podiatrist 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 a podiatrist and a person receiving the professional services of a podiatrist.

(4) The relationship between a podiatric corporation carrying on business as permitted under this Act and a person receiving podiatric services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a podiatrist and the podiatrist's client.

Historical Note(s): 1989-29-18.

Revocation of permits

7.6  (1) The board may, after a hearing, revoke the permit issued to a podiatric corporation where

(a) in the course of providing podiatric services the corporation does anything that, if done by a podiatrist, would be conduct unbecoming a podiatrist;

(b) the corporation contravenes section 7.3, or

(c) the corporation ceases to comply with a condition of qualification referred to in section 7.2 or a condition under section 7.7 (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 a podiatric corporation, or

(b) impose a fine on the podiatric 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 "podiatric 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 a podiatric corporation may be

(a) compelled to give evidence at a proceeding under this Act other than as a defendant in a proceeding under sections 12 to 18, 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): 1989-29-18.

Rules

7.7  (1) The board may make rules that it considers necessary or advisable for the purposes of sections 7.1 to 7.6 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 a podiatric corporation may be known, and

(e) respecting the disposition of shares of a shareholder of a podiatric corporation who

(i)  ceases to be a podiatrist, or,

(ii)  remains a podiatrist but is not qualified to practise podiatry.

(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) Section 3 (2) applies to rules and amendments made under this section.

Historical Note(s): 1989-29-18.

Rules apply to corporations

7.8  The rules made under section 3 apply to podiatric corporations and the association and board may exercise the powers given by this Act and the rules to enforce those rules.

Historical Note(s): 1989-29-18.

Expenses of board

8.  The expenses of the board shall be paid out of money received for fees, assessments, fines and penalties.

Historical Note(s): RS1960-53-9.

Inspectors

8.1  The board may appoint inspectors for the association.

Historical Note(s): 1993-50-58.

Powers and duties of inspectors

8.2  (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a registered podiatrist to practise podiatry;

(b) the records of the registered podiatrist relating to the registered podiatrist's practice of podiatry and may copy those records;

(c) the practice of podiatry performed by or under the supervision of the registered podiatrist.

(2) The board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.

Historical Note(s): 1993-50-58.

Search and seizure under court order

8.3  (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis;

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registered podiatrist has contravened this Act or the rules, or

(b) that a person who is a registered podiatrist;

(i)  has contravened this Act or the rules,

(ii)  has failed to comply with a limit or condition imposed under this Act or the rules,

(iii)  has acted in a manner that constitutes professional misconduct,

(iv)  is not competent to practise podiatry, or

(v)  is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise podiatry.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized;

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 8.4 does not apply to a thing specified in the order

(i)  provided all limitations and conditions included under paragraph (b) are met, and,

(ii)  unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 8.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Historical Note(s): 1993-50-58.

Detention of things seized

8.4  (1) For the purposes of subsection (2), the person who makes a seizure under section 8.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 8.3 (4) (b), the person from whom any thing is seized under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Historical Note(s): 1993-50-58.

Prohibition against obstructing inspection or search

8.5  (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 8.3 or 8.4 or under an order under those sections.

Historical Note(s): 1993-50-58.

Extraordinary action to protect public

8.6  (1) If the board considers the action necessary to protect the public during the investigation of a registered podiatrist or pending a hearing of the board, it may

(a) set limits or conditions on the practice of podiatry by the registered podiatrist, or

(b) suspend the registration of the registered podiatrist.

(2) If the board acts under subsection (1), it must notify the registered podiatrist in writing of its decision, of the reasons for the decision and of the registered podiatrist's right to appeal that decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the registered podiatrist receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the registered podiatrist at the last address for the registered podiatrist recorded in the register of the association.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registered podiatrist in writing of this as soon as possible.

(5) A registered podiatrist against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court.

Historical Note(s): 1993-50-58.

Revocation of certificates

9.  (1) A certificate issued by the board may be revoked by the board for violation of the law, incompetency, inebriety, fraud or misrepresentation or unprofessional conduct; but before a certificate is revoked, the holder shall have notice in writing of the charge or charges against him, and at a day specified in the notice and at least 10 days after its mailing by registered letter to his recorded address, shall be given a public hearing and have ample opportunity to produce testimony in his behalf.

(2) Unprofessional conduct under this Act includes

(a) conduct likely to deceive or to defraud the public;

(b) obtaining a fee or compensation by fraud, deceit or misrepresentation;

(c) directly or indirectly employing or associating with a suspended or unregistered podiatrist in the practice of podiatry;

(d) the use of advertising by any means of the practice of podiatry in which untruthful or misleading statements are made;

(e) procuring, inducing, aiding or abetting a person not registered under this Act to engage in the practice of podiatry;

(f) dividing fees or agreeing to a split or division of fees received for podiatry services with a person for bringing or referring a patient or assisting in the care or treatment of a patient; and

(g) the wilful betrayal of a professional secret.

(3) The board may take evidence under oath, and the board members have full power and authority to administer oaths to witnesses at the hearings under this section.

(4) The board may by an ex parte application to the Supreme Court obtain an order for the attendance and examination before the board of any person and the production of any documents or books, the production of which could be compelled at the trial of an action, but the person whose attendance is required is entitled to the like conduct money and payment of expenses and loss of time as on attendance at a trial.

(5) A person whose certificate has been revoked by the board may, after 60 days, apply to have it reissued, and the board may in its discretion reissue him a certificate on payment of a fee of $10.

(6) A person practising podiatry after his certificate has been revoked shall be deemed to have practised podiatry without registration.

(7) A person whose certificate of registration has been revoked by the board shall promptly surrender it to the board, and failure to do so is an offence against this Act.

Historical Note(s): RS1960-53-10; 1963-8-11; 1976-33-106.

Prohibition of unregistered person from practising

10.  (1) A person, unless he is a holder of a certificate of registration issued and recorded under this Act, shall not practise podiatry in the Province.

(2) A person shall not personate a registered podiatrist of a similar or different name, nor buy, sell or fraudulently obtain a certificate of registration or exemption issued to another person.

(3) A person who is not a registered podiatrist shall not orally, by advertisement in a newspaper or in any written or printed circular, on a business card, letterhead or sign, or otherwise, assume or use the title of chiropodist, D.S.C., M.Cp., podiatrist, foot specialist, foot correctionist, pedopractor or any other title, name or description implying or calculated to lead to the belief that he is qualified to practise podiatry, nor shall he represent himself in any other manner as being a podiatrist or entitled to practise podiatry. Proof of the practising or offering to practise or the representation of being qualified to practise podiatry in a manner prohibited by this section is sufficient evidence of a violation of this section.

(4) It is unlawful for a podiatrist to practise podiatry in the Province under a name other than his own name, or for a corporation, whether incorporated in the Province or elsewhere, to practise podiatry in the Province or to hold itself out by any means or device, by itself or through its officers, employees, servants or agents, as entitled to practise podiatry in the Province; but this subsection shall not be deemed to prohibit podiatrists registered under this Act from associating themselves together in partnership under their own names.

Historical Note(s): RS1960-53-11; 1963-8-12.

Persons exempt from Act

11.  This Act shall not be construed to apply to physicians or surgeons authorized to practise under the laws of the Province, or to the recommending, advertising or sale by retail dealers, jobbers or manufacturers of ready to wear foot appliances or preparations commonly sold in shoe stores or drug stores; but no dealer or representative of a dealer shall diagnose, treat or prescribe for a foot ailment, disease or deformity unless he is registered under this Act.

Historical Note(s): RS1960-53-12.

Penalty for obtaining registration on false representation

12.  If a person wilfully procures or attempts to procure his registration under this Act by making a false or fraudulent representation or declaration, either verbally or in writing, he shall on conviction incur a penalty of not less than $25 and not more than $500. Every person knowingly aiding or assisting him shall on conviction incur a penalty of not less than $25 and not more than $500 for each offence.

Historical Note(s): RS1960-53-13.

Penalty for practising unlawfully

13.  (1) If a person not registered pursuant to this Act practises or professes to practise podiatry in the Province, he is on conviction liable to a penalty of not less than $25 and not more than $500.

(2) If a person not registered under this Act contracts with a person registered under this Act to practise podiatry for him or in his stead, each party to the contract is liable on conviction to a penalty of not less than $25 and not more than $500, and a member convicted for a second offence under this section is liable to a penalty of not less than $100 and not more than $500.

(3) In a prosecution under this section the prosecution need not prove a contract as aforesaid, if it is shown that a person not registered under this Act has practised podiatry in the office or on or about the premises of a person registered under this Act. If the last mentioned practice is proven, the contract shall be deemed to have been proven.

Historical Note(s): RS1960-53-14; 1963-8-13.

Falsely pretending to be podiatrist

14.  A person who falsely and wilfully pretends to be a practitioner of podiatry in the Province, or assumes a title, addition or description in respect of that profession other than he actually possesses and is legally entitled to, is liable on conviction to a penalty of not less than $25 and not more than $500.

Historical Note(s): RS1960-53-15; 1963-8-13.

Penalty for using false titles

15.  A person not registered pursuant to this Act who wilfully and falsely makes a statement or takes or uses a name, title, addition or description implying or calculated to lead a person to infer that he is registered under this Act, or that he is qualified to practise podiatry in the Province, is liable on conviction to a penalty of not less than $25 and not more than $500.

Historical Note(s): RS1960-53-16; 1963-8-13.

Application of fines

16.  Penalties recoverable under this Act shall, on being paid to the convicting court, be paid over to the board.

Historical Note(s): RS1960-53-17.

General penalty

17.  A person guilty of an offence against this Act or rules, or who violates or commits a breach of this Act or rules, not otherwise provided for in this Act, is liable on conviction to a penalty of not less than $25 and not more than $500.

Historical Note(s): RS1960-53-18; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Prosecutor

18.  Any person may be a prosecutor or complainant under this Act, and the board may allot a portion of the penalties recovered toward payment of the expenses, legal or otherwise, of the prosecution.

Historical Note(s): RS1960-53-19.