Optometry Act, 1991, S.O. 1991, c. 35Skip to content
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Optometry Act, 1991
S.O. 1991, CHAPTER 35
Historical version for the period February 1, 1999 to June 3, 2007.
Amended by: 1998, c. 18, Sched. G, s. 40.
1. In this Act,
“College” means the College of Optometrists 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”)
“profession” means the profession of optometry; (“profession”)
“this Act” includes the Health Professions Procedural Code. (“la présente loi”) 1991, c. 35, 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 Optometrists of Ontario; (“ordre”)
“health profession Act” means this Act; (“loi sur une profession de la santé”)
“profession” means the profession of optometry; (“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. 35, s. 2.
Scope of practice
3. The practice of optometry is the assessment of the eye and vision system and the diagnosis, treatment and prevention of,
(a) disorders of refraction;
(b) sensory and oculomotor disorders and dysfunctions of the eye and vision system; and
(c) prescribed diseases. 1991, c. 35, s. 3.
4. In the course of engaging in the practice of optometry, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1. Communicating a diagnosis identifying, as the cause of a person’s symptoms, a disorder of refraction, a sensory or oculomotor disorder of the eye or vision system or a prescribed disease.
2. Applying a prescribed form of energy.
3. Prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses. 1991, c. 35, s. 4.
5. The College is continued under the name College of Optometrists of Ontario in English and Ordre des optométristes de l’Ontario in French. 1991, c. 35, s. 5.
6. (1) The Council shall be composed of,
(a) at least eight and no more than nine persons who are members elected in accordance with the by-laws;
(b) at least seven and no more than eight persons appointed by the Lieutenant Governor in Council who are not,
(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; and
(c) one person selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of optometry of a university in Ontario. 1991, c. 35, s. 6 (1); 1998, c. 18, Sched. G, s. 40 (1, 2).
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. 35, s. 6 (2); 1998, c. 18, Sched. G, s. 40 (3).
President and Vice-President
7. 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. 35, s. 7.
Imposition of duties on the Optometry Review Committee
8. The Council may give the Optometry Review Committee appointed under the Health Insurance Act duties that are not inconsistent with the Committee’s duties under that Act. 1991, c. 35, s. 8.
9. (1) No person other than a member shall use the title “optometrist”, a variation or abbreviation or an equivalent in another language.
Representations of qualification, etc.
(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as an optometrist or in a specialty of optometry.
(3) In this section,
“abbreviation” includes an abbreviation of a variation. 1991, c. 35, 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. 35, s. 10.
11. Every person who contravenes subsection 9 (1) or (2) 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. 35, s. 11.
12. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations restricting the drugs that a member may use in the course of engaging in the practice of optometry. 1998, c. 18, Sched. G, s. 40 (4).
12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected. 1998, c. 18, Sched. G, s. 40 (4).
13. A person who, on the day before this Act comes into force, held a licence issued under Part V of the Health Disciplines 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 licence was subject. 1991, c. 35, s. 13.
Transition before Act in force
14. (1) The transitional Council is the Council of the College of Optometrists of Ontario 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.
(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.
(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.
(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.
(8) The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (4). 1991, c. 35, s. 14.
Transition after Act in force
15. (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 6 (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 6 (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 continue for as long as the transitional Council is deemed to be the Council of the College.
(3) The Lieutenant Governor in Council may appoint persons to fill vacancies on the transitional Council. 1991, c. 35, s. 15.
16. Omitted (provides for coming into force of provisions of this Act). 1991, c. 35, s. 16.
17. Omitted (enacts short title of this Act). 1991, c. 35, s. 17.