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Opticianry Act, 1991, S.O. 1991, c. 34

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Versions
Regulations under this Act
current June 4, 2007 (e-Laws currency date)
February 1, 1999 June 3, 2007
O. Reg. 219/94 GENERAL
O. Reg. 869/93 REGISTRATION
O. Reg. 828/93 PROFESSIONAL MISCONDUCT
O. Reg. 713/93 EXAMINATIONS

Opticianry Act, 1991

S.O. 1991, CHAPTER 34

Historical version for the period February 1, 1999 to June 3, 2007.

Amended by: 1998, c. 18, Sched. G, s. 39.

Definitions

1. In this Act,

“College” means the College of Opticians of Ontario; (“Ordre”)

“Health Professions Procedural Code” means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (“Code des professions de la santé”)

“member” means a member of the College; (“membre”)

“optometrist or physician” means a member of the College of Optometrists of Ontario or the College of Physicians and Surgeons of Ontario or a legally qualified optometrist or physician from outside of Ontario; (“optométriste ou médecin”)

“profession” means the profession of opticianry; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”) 1991, c. 34, s. 1.

Health Professions Procedural Code

2. (1) The Health Professions Procedural Code shall be deemed to be part of this Act.

Terms in Code

(2) In the Health Professions Procedural Code as it applies in respect of this Act,

“College” means the College of Opticians of Ontario; (“ordre”)

“health profession Act” means this Act; (“loi sur une profession de la santé”)

“profession” means the profession of opticianry; (“profession”)

“regulations” means the regulations under this Act. (“règlements”)

Definitions in Code

(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act. 1991, c. 34, s. 2.

Scope of practice

3. The practice of opticianry is the provision, fitting and adjustment of subnormal vision devices, contact lenses or eye glasses. 1991, c. 34, s. 3.

Authorized acts

4. In the course of engaging in the practice of opticianry, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to dispense subnormal vision devices, contact lenses or eye glasses. 1991, c. 34, s. 4.

Additional requirements for authorized acts

5. (1) A member shall not dispense subnormal vision devices, contact lenses or eye glasses under the authority of section 4 except upon the prescription of an optometrist or physician.

Grounds for misconduct

(2) In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (1). 1991, c. 34, s. 5.

Board continued as College

6. The Board of Ophthalmic Dispensers is continued under the name College of Opticians of Ontario in English and Ordre des opticiens de l’Ontario in French. 1991, c. 34, s. 6.

Council

7. (1) The Council shall be composed of,

(a) at least seven and no more than 10 persons who are members elected in accordance with the by-laws;

(b) at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,

(i) members,

(ii) members of a College as defined in the Regulated Health Professions Act, 1991, or

(iii) members of a Council as defined in the Regulated Health Professions Act, 1991. 1991, c. 34, s. 7 (1); 1998, c. 18, Sched. G, s. 39 (1).

Who can vote in elections

(2) Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council. 1991, c. 34, s. 7 (2); 1998, c. 18, Sched. G, s. 39 (2).

President and Vice-President

8. The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council’s members. 1991, c. 34, s. 8.

Restricted titles

9. (1) No person other than a member shall use the title “optician”, a variation or abbreviation or an equivalent in another language.

Idem

(2) No person shall use the title “ophthalmic dispenser” or “opticien d’ordonnance” or a variation or abbreviation of them.

Representations of qualification, etc.

(3) No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as an optician or in a specialty of opticianry.

Exception

(4) Despite subsection (2), a member may use the title “ophthalmic dispenser” or “opticien d’ordonnances” or a variation or an abbreviation of them for three years after this Act comes into force.

Definition

(5) In this section,

“abbreviation” includes an abbreviation of a variation. 1991, c. 34, s. 9.

Notice if suggestions referred to Advisory Council

10. (1) The Registrar shall give a notice to each member if the Minister refers to the Advisory Council, as defined in the Regulated Health Professions Act, 1991, a suggested,

(a) amendment to this Act;

(b) amendment to a regulation made by the Council; or

(c) regulation to be made by the Council.

Requirements re notice

(2) A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within thirty days after the Council of the College receives the Minister’s notice of the suggestion. 1991, c. 34, s. 10.

Offence

11. Every person who contravenes subsection 9 (1), (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence. 1991, c. 34, s. 11.

Transition

12. A person who, on the day before this Act comes into force, was registered under the Ophthalmic Dispensers Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the registration was subject. 1991, c. 34, s. 12.

Transition before Act in force

13. (1) The transitional Council is the Board of Ophthalmic Dispensers as it exists from time to time between the 25th day of November, 1991 and the day this Act comes into force.

Powers of transitional Council

(2) After the 25th day of November, 1991 but before this Act comes into force, the transitional Council and its employees and committees may do anything that is necessary or advisable for the coming into force of this Act and that the Council and its employees and committees could do under this Act if it were in force.

Idem

(3) Without limiting the generality of subsection (2), the transitional Council may appoint a Registrar and the Registrar and the Council’s committees may accept and process applications for the issue of certificates of registration, charge application fees and issue certificates of registration.

Powers of Minister

(4) The Minister may,

(a) review the transitional Council’s activities and require the transitional Council to provide reports and information;

(b) require the transitional Council to make, amend or revoke a regulation under this Act;

(c) require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act and the Regulated Health Professions Act, 1991.

Transitional Council to comply with Minister’s request

(5) If the Minister requires the transitional Council to do anything under subsection (4), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.

Regulations

(6) If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (4) (b) and the transitional Council does not do so within sixty days, the Lieutenant Governor in Council may make, amend or revoke the regulation.

Idem

(7) Subsection (6) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do.

Expenses

(8) The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (4). 1991, c. 34, s. 13.

Transition after Act in force

14. (1) After this Act comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 7 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 7 (1) or until one year has elapsed, whichever comes first.

Terms of members of transitional Council

(2) The term of a member of the transitional Council shall not expire while the transitional Council is deemed to be the Council of the College.

Vacancies

(3) The Lieutenant Governor in Council may appoint persons to fill vacancies on the transitional Council. 1991, c. 34, s. 14.

15. Omitted (provides for coming into force of provisions of this Act). 1991, c. 34, s. 15.

16. Omitted (enacts short title of this Act). 1991, c. 34, s. 16.

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