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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to May 14, 2001]
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Contents |
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Section |
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Right to provide chiropractic services through a corporation | ||
1 In this Act:
"board" means the Board of Chiropractors continued under section 4;
"chiropractic" means the branch of the healing arts that
(a) is concerned with the restoration and maintenance of health through adjustment by hand, or the use of devices directly related to the adjustment, of the articulations of the human body, and
(b) is involved primarily with the relationship of the spinal column to the nervous system;
"chiropractic corporation" means a corporation in respect of which a permit has been issued;
"chiropractor" means a person whose method of treatment of the human body for disease and the causes of disease is confined solely to chiropractic;
"college" means the British Columbia College of Chiropractors;
"inspector" means an inspector appointed under section 22;
"member" means a member of the college;
"permit" means a permit issued under section 12 and includes a renewal of the permit.
2 The members of the British Columbia College of Chiropractors are continued as a corporation with that name.
3 (1) It is the duty of the college 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 college has the following objects:
(a) to superintend the practice of chiropractic;
(b) to govern members according to this Act and the rules;
(c) to establish, monitor and enforce standards of education and qualifications for registration of members;
(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice among members;
(e) to establish and maintain a continuing competency program to promote high practice standards among members;
(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 among members;
(h) to require members to provide to an individual 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 college and perform other duties through the exercise of the powers conferred by this Act or the rules.
4 (1) The Board of Chiropractors is continued and consists of
(a) 8 members elected under subsection (2), and
(b) 4 persons who are not members, appointed by the minister.
(2) The 8 members of the board described in subsection (1) (a) must be elected by the members of the college, and for this purpose British Columbia is divided into 3 districts:
(a) lower mainland, being all that part of British Columbia lying East of the Strait of Georgia, and South of the 50th parallel of North latitude, and West of the 121st meridian, from which 6 members of the board are to be elected;
(b) Vancouver Island, being all that part of British Columbia lying West of the 123rd meridian, except that part described as the lower mainland, from which one member of the board is to be elected;
(c) the interior, being all that part of British Columbia lying East of the 123rd meridian, except that part described as the lower mainland, from which one member of the board is to be elected.
(3) Members of the board hold office for a term of 3 years.
5 (1) The board must submit an annual report respecting the college to the minister not later than 120 days after the end of the fiscal year for the college.
(2) The annual report must include information that the Lieutenant Governor in Council may prescribe.
6 (1) The examining board constituted for the examination of applicants for registration under this Act is continued.
(2) The examining board must have 2 members, and each holds office for the term for which he or she was appointed.
(3) Subject to the regulations, the board must appoint from the members of the college a person to fill a vacancy in the examining board caused by the expiration of the term of office of one of its members.
(4) A person appointed to the examining board under subsection (3) holds office for a term of 3 years.
(5) The board must appoint from the members of the college a person to fill a vacancy in the examining board caused by the resignation, inability to act or death of any of its members.
(6) A person appointed under subsection (5) holds office only for the remainder of the predecessor's term.
7 (1) Subject to this Act and with the approval of the Lieutenant Governor in Council, the board may make rules as follows:
(a) for the registration of chiropractors as members of the college;
(b) for the admission of chiropractors to practise in British Columbia;
(c) establishing the qualifications of persons to be admitted and registered, and the proof to be provided as to education, good character and experience;
(d) for maintaining a register of chiropractors registered under this Act, and providing for the annual renewal of registration and establishing the fees for renewal;
(e) establishing the discipline and control of registered chiropractors and without limitation may
(i) create discretionary powers related to the discipline and control of currently or formerly registered chiropractors,
(ii) set standards of conduct,
(iii) control or prohibit advertising or a form of advertising,
(iv) provide for disciplinary hearings of currently or formerly registered chiropractors and set the grounds for holding a hearing,
(v) provide the power to compel the attendance of a currently or formerly registered chiropractor as a witness at a hearing,
(vi) provide the power to compel a currently or formerly registered chiropractor to produce records and things at a hearing,
(vii) provide that a hearing may proceed in the absence of the currently or formerly registered chiropractor who is the subject of the hearing upon proof of service of notice of the hearing on the currently or formerly registered chiropractor,
(viii) provide for one or more of the following orders to be made in a hearing:
(A) reprimand;
(B) imposition of terms and conditions on the continuance of registration;
(C) suspension of registration;
(D) cancellation of registration;
(E) fines of up to $10 000 payable to the college;
(F) suspension of disciplinary action on terms and conditions that, if fulfilled, result in a cancellation of the disciplinary action,
(ix) provide for suspension pending a hearing if continued registration pending the hearing would endanger the public, and
(x) provide for appeals to the board and to the Supreme Court;
(f) for the investigation of a complaint that a registered chiropractor has been guilty of misconduct or displayed ignorance or incompetence making it desirable in the public interest that his or her registration should be cancelled or suspended;
(g) for the cancellation or suspension of the registration of a chiropractor whose application for registration is found by the board to have been based on a false or fraudulent statement, or who is found by the board to be guilty of misconduct or to be ignorant or incompetent, or to be in default in the payment of fees established under this Act;
(h) for the reinstatement of a member whose registration has been cancelled or suspended;
(i) providing for the calling of meetings of members of the college and the procedure and voting rights at meetings;
(j) establishing the organization, powers and procedure of the board, and the election or appointment and term of office of its members, and regulating the board in the performance of its duties;
(k) establishing the fees for examination and registration of chiropractors under this Act and setting the time for their payment;
(l) for the application of money forming the funds of the college;
(m) subject to section 6, for the appointment of an examining board to examine applicants for registration as chiropractors and establishing the duties of the examining board;
(n) providing for the examination of credentials of applicants who apply to become registered as chiropractors under this Act, arranging for examinations and providing for the granting of certificates of competency in the use of Xrays;
(o) respecting continuing education of chiropractors as members of the college;
(p) respecting insurance against professional liability claims including requirements that chiropractors maintain the insurance and including requirements as to payment of premiums for the insurance;
(q) generally for the better carrying out of the provisions of this Act.
(2) Under subsection (1), the board may make different rules for different classes of persons.
(3) The Lieutenant Governor in Council may cancel the approval given to a rule and, on that happening, the rule is repealed.
8 (1) If an order referred to in section 7 (1) (e) (viii) is made in a hearing, the board may
(a) require the currently or formerly registered chiropractor who is the subject of the order to pay to the college some or all of the reasonable costs of the hearing, and
(b) determine the amount of those costs.
(2) If a matter is dismissed after a hearing, the board may order that the college pay the currently or formerly registered chiropractor who is the subject of the dismissal his or her reasonable costs in an amount it determines.
(3) If the board determines the amount of costs under subsection (1) or (2), the amount may be assessed under the Supreme Court Rules, as nearly as they are applicable, by a registrar of the Supreme Court in the judicial district in which the hearing referred to in section 7 (1) (e) (viii) took place, according to the scale provided in Appendix C of the Supreme Court Rules, as nearly as they are applicable.
(4) If 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.
9 An order or decision of the board refusing an application for registration of a chiropractor may be appealed to the Supreme Court not later than one month after the date of the order or decision.
10 (1) Only the persons who produce a certificate of having successfully completed the first year of a recognized Canadian university or its equivalent, and who are duly qualified chiropractors and graduates of a recognized college of chiropractic, are entitled to apply for registration as chiropractors under this Act and become members of the college.
(2) For the purpose of this section a candidate must have attended the recognized college for a minimum of 8 months in each of 4 one year periods.
(3) Before a person is lawfully entitled to register and practise as a chiropractor within British Columbia, the person must take and pass an examination satisfactory to the examining board on the following subjects: chiropractic philosophy, chiropractic technique and practice, neurology, Xray technique and interpretation, anatomy (including histology and embryology), physiology, chemistry, pathology, bacteriology, diagnosis and symptomatology, hygiene and sanitation.
(4) In a written report to the board the examining board must indicate the results of its investigation and examination of each person who applies for registration as a member of the college to practise chiropractic in British Columbia.
(5) If the board is satisfied that an applicant is qualified to practise chiropractic and that he or she is a person of integrity and good moral character, it must, subject to the rules, grant the person a certificate of registration that entitles the person to the rights and privileges conferred by this Act.
(6) Despite the other provisions of this section, the board may, in its discretion, admit to registration and to practice as a chiropractor under this Act any chiropractor who has successfully passed examinations of, or has obtained national registration under, the national examining board of the Canadian Chiropractic Association.
(7) For the purposes of section 82 (a) of the Medical Practitioners Act, but for no other purpose, a person described by section 30 (3) is deemed to be practising chiropractic and to be registered under this section to the extent necessary to allow that person to teach or study.
11 Subject to this Act and the rules, a chiropractic corporation may carry on the business of providing chiropractic services to the public through one or more persons each of whom is
(a) a member of the college, or
(b) an employee of the chiropractic corporation under the direct supervision of a member of the college.
12 (1) The board must issue a chiropractic corporation permit to a corporation that is incorporated under the Company Act and is in good standing under that Act if the board is satisfied that
(a) the name of the corporation includes the words "chiropractic corporation",
(b) all of the voting shares are legally and beneficially owned by a member or members,
(c) all of the non-voting shares are legally and beneficially owned by
(i) members,
(ii) the spouse of a member who is a shareholder,
(iii) [Repealed 2000-24-3.]
(iv) a child, as defined in the Family Relations Act, of a member who is a shareholder, or
(v) any other relative of a member who is a shareholder where the relative resides with the member,
(d) all of the directors of the corporation are members, and
(e) all of the persons who will be practising chiropractic on behalf of the corporation are members or are under the direct supervision of a member.
(1.1) In subsection (1) (c) (ii), "spouse" means a person who
(a) is married to another person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
(2) The board may refuse to issue a permit under subsection (1) if
(a) the chiropractic corporation has previously had its permit revoked, or
(b) a shareholder of the chiropractic corporation was a shareholder of a chiropractic corporation that previously had its permit revoked.
13 (1) A corporation that has the words "chiropractic corporation" as part of its name must not carry on any business unless it holds a valid permit.
(2) A chiropractic corporation that holds a permit must not carry on any activities, other than the provision of chiropractic services or services that are directly associated with the provision of chiropractic services, that would, for purposes of the Income Tax Act (Canada), give rise to income from business.
(3) No act of a chiropractic corporation, including a transfer of property to or by the corporation, is invalid merely because the corporation contravenes subsection (1) or (2).
14 A shareholder of a chiropractic corporation must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a member of the college the authority to exercise the voting rights attached to any or all of the shares.
15 (1) The liability for professional negligence of a member carrying on the practice of chiropractic is not affected by the fact that the member is carrying on that practice as an employee on behalf of a chiropractic corporation.
(2) The relationship of a member to a chiropractic corporation, whether as a shareholder, director, officer or employee of the corporation, does not affect, modify or diminish the application to the member 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 chiropractor and a person receiving the professional services of a chiropractor.
(4) The relationship between a chiropractic corporation carrying on business as permitted under this Act and a person receiving chiropractic services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a member and the member's client.
16 (1) After a hearing, the board may revoke the permit issued to a chiropractic corporation if
(a) in the course of providing chiropractic services the corporation does anything that, if done by a member, would be conduct unbecoming a member,
(b) the corporation contravenes section 13, or
(c) the corporation ceases to comply with a condition of qualification referred to in section 12 or a condition under section 17 (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 chiropractic corporation, or
(b) impose a fine of up to $10 000 on the chiropractic corporation.
(3) If a permit is revoked under this section, the board must inform the Registrar of Companies who must amend the name of the corporation whose permit has been revoked
(a) by deleting the words "chiropractic 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 chiropractic corporation may be
(a) compelled to give evidence at a proceeding under this Act other than as a defendant in a proceeding under section 30, 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.
17 (1) The board may make rules that it considers necessary or advisable for the purposes of sections 11 to 16 and, without limiting that power, may make rules as follows:
(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) setting fees for obtaining 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) setting 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 chiropractic corporation may be known;
(e) respecting the disposition of shares of a shareholder of a chiropractic corporation who
(i) ceases to be a member of the college, or
(ii) remains a member of the college but is not qualified to practise chiropractic.
(2) As a condition of issuing or renewing a permit, the board may set 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 set under subsection (2) may be different for different permit holders, at the discretion of the board.
18 (1) The rules made under section 7 apply to chiropractic corporations.
(2) The college and board may exercise the powers given by this Act and the rules to enforce the rules made under section 7.
19 (1) A person other than a chiropractor registered under this Act as a member of the college must not
(a) engage in the practice of a chiropractor, or
(b) use the title "chiropractor", or any word, title or designation, abbreviated or otherwise, to imply that he or she is engaged in the practice of a chiropractor.
(2) A person who contravenes subsection (1) commits an offence.
20 (1) A chiropractor registered under this Act, who holds the academic qualification of Doctor of Chiropractic granted by a college of chiropractic 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 Chiropractic", "Dr. of Chiropractic", "Chiropractic Doctor" or "Chiropractic Dr.".
(2) Despite subsection (1), a chiropractor must not 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.
(3) On application from a chiropractor registered on or before January 1, 1984 to practise in British Columbia, the board may grant to that chiropractor the right to use the title "doctor" or the abbreviation "Dr." as set out in subsection (1), if the board is satisfied that the academic qualification of the chiropractor is the equivalent of the academic program leading to the degree of Doctor of Chiropractic as granted in Canada.
21 (1) Subject to subsection (2), a person registered as a chiropractor under this Act must not engage in the practice of the diagnosis or treatment of the human body for disease, or the causes of disease, otherwise than as a chiropractor, unless the person
(a) first applies to have his or her name stricken from the register of members of the college, and
(b) discontinues the use of the name "chiropractor", whether by way of advertisement or in any other manner that might signify that he or she was practising as a chiropractor within the meaning of this Act.
(2) A person registered as a chiropractor under this Act may in connection with his or her practice
(a) use Xray shadow photographs of the articulations of the human body, and
(b) if the person first applies for and obtains from the board a certificate of competency under the rules, use Xrays for the purpose only of producing shadow photographs of the articulations of the human body.
(3) A person who contravenes this section commits an offence.
22 The board may appoint persons as inspectors for the college.
23 (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 member to practise chiropractic;
(b) the records of the member relating to the member's practice of chiropractic and copy the records;
(c) the practice of chiropractic performed by or under the supervision of the member.
(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.
24 (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 into the premises or onto the 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 without notice to any person and heard in private.
(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 member has contravened this Act or the rules, or
(b) that a person who is a member
(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 chiropractic, 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 chiropractic.
(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 25 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 25 apply to the thing seized.
(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing 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.
25 (1) For the purposes of subsection (2), the person who makes a seizure under section 24 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 is 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 24 (4) (b), the person from whom any thing is detained 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 end 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.
26 (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 24 or 25 or under an order under those sections.
27 (1) If the board considers the action necessary to protect the public during the investigation of a member or pending a hearing of the board, it may
(a) set limits or conditions on the practice of chiropractic by the member, or
(b) suspend the registration of the member.
(2) If the board acts under subsection (1), it must notify the member in writing of
(a) its decision,
(b) the reasons for the decision, and
(c) the member's right to appeal the decision to the Supreme Court.
(3) A decision under subsection (1) is not effective until the earlier of
(a) the time the member receives the notice under subsection (2), and
(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register of the college.
(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 member in writing of this as soon as possible.
(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 9 respecting an appeal from a decision of the board apply to an appeal under this section.
28 (1) If an applicant or registered chiropractor fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration or a registered chiropractor presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account
(a) when deciding whether to register the applicant or whether to impose terms and conditions on the registration of the applicant, or
(b) investigate the matter and decide whether to impose terms and conditions on the practice of the registered chiropractor or suspend or cancel the registration of the registered chiropractor.
(2) An applicant or registered chiropractor against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 9 respecting an appeal from a decision of the board apply to an appeal under this section.
29 Nothing in this Act or the rules authorizes a person to do any of the following:
(a) prescribe or administer drugs for use internally or externally;
(b) use, direct or prescribe the use of anesthetics for any purpose;
(c) practise medicine, surgery or midwifery;
(d) use a method other than chiropractic in the treatment of disease.
30 (1) A person who practises chiropractic, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease for hire, gain, reward or remuneration or the hope or expectation of any of them, commits an offence unless he or she is registered to practise as a chiropractor under this Act.
(2) A person commits an offence who, not being registered as a chiropractor under this Act, or who, having been registered and whose registration has been cancelled or is under suspension,
(a) practises or holds himself or herself out as practising chiropractic, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease, or
(b) advertises or uses any prefix or suffix to his or her name signifying that he or she is qualified to practise chiropractic, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease.
(3) Subsections (1) and (2) do not apply to a person who is teaching or studying chiropractic as a teacher or student at a school of chiropractic approved by the Lieutenant Governor in Council for the purposes of this section.
31 (1) A person who contravenes section 19 or 21 commits an offence.
(2) Section 5 of the Offence Act does not apply to this Act or to the rules made under this Act.
32 In a prosecution under this Act the following rules apply:
(a) it is sufficient proof of an offence if it is proved that the defendant is, for gain, committing any of the acts prohibited by this Act;
(b) the palpating or adjusting of the articulations of the human body is deemed to be the practising of chiropractic within the meaning of this Act;
(c) it is not necessary to prove more than one act.
33 A chiropractor registered under this Act who has complied with the rules applicable to him or her is entitled to demand from a person by whom the chiropractor is consulted or employed, and to recover as a debt in a court of competent jurisdiction, the proper charges authorized by the rules for the examination, treatment, aid, advice and visits or any of them.
34 A person registered under this Act is exempt, if the person so desires, from serving on all juries and inquests.
35 Nothing in this Act applies to or affects any of the following:
(a) the practice of a profession or calling by a person practising it under the authority of a general or special Act of the Legislature;
(b) the provision of first aid or temporary assistance in cases of emergency;
(c) persons treating human ailments by prayer or spiritual means as an enjoyment or exercise of religious freedom.
36 Section 83 of the Health Act, imposing certain duties on physicians with respect to contagious or infectious diseases, applies to every chiropractor registered under this Act.
37 Nothing in the Medical Practitioners Act prohibits any person registered as a chiropractor under this Act from practising as a chiropractor for gain or reward.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada