1906 CHAPTER 28. An Act respecting the Medical Profession. (Assented to May 9, 1906.) H IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: TITLE. Short title Incorporation Members of old college Certified list 1. This Act may be cited as "The Medical Profession Act." COLLEGE OF PHYSICIANS AND SURGEONS. 2. The College of Physicians and Surgeons of the Province of Alberta hereby constituted, and the members of the said College and all persons hereinafter registered members of the said College under the provisions of this Act, shall be a body corporate under the name of The College of Physicians and Surgeons of the Province of Alberta and shall have perpetual succession as hereafter provided and the common seal, with power to acquire, hold, and dispose of real estate and chattel property for the purpose of the said College, and to sue and be sued. 3. Every person registered as a member of the College of Physicians and Surgeons of the North-West Territories at the time of the coming into force of this Act, and whose fees are paid to said College, shall be registered as a member of the College of Physicians and Surgeons of the Province of Alberta by the Registrar thereof without fee, and every person registered as aforesaid whose fees are in arrear shall upon payment of all arrears to the Registrar of the College of Physicians and Surgeons of the North-West Territories receive a receipt therefor, and upon presentation of said receipt to the Registrar of the College of Physicians and Surgeons of the Province of Alberta shall be registered as a member of said last-mentioned College by said Registrar without further fee. 4. The Registrar of the College of Physicians and Surgeons of the Province of Alberta shall as soon as possible after his appointment obtain from the Registrar of the College of Physicians and Surgeons of the North-West Territories a certified list, under the seal of the College, of the members of the College of Physicians and Surgeons of the North-West Territories entitled to be registered as members of the College of Physicians and Surgeons of the Province of Alberta under the next preceding clause. THE COUNCIL OF THE COLLEGE AND ELECTION OF MEMBERS. college 5. There shall be a Council of the said College of the Council of the Physicians and Surgeons of the Province of Alberta to be appointed in the manner hereinafter provided for and hereafter referred to as the Council. 6. The persons entitled to vote at election of members of the Council shall be, as to the first election, the persons who at the time of the passing of this Act are registered members of the College of Physicians and Surgeons of the North-West Territories. As to all subsequent elections, all persons registered as members of the College of Physicians and Surgeons of the Province of Alberta under this Act. Persons entitled to vote as members 7. No person shall be eligible to be elected a member of the Who eligible Council who is not entitled to vote for a member of the Council. 8. The number of persons to be elected as members of the said Council shall be one for each of the medical electoral districts hereinafter referred to and the mode of election shall be by voting papers as hereinafter set out. (a) There shall be one member elected for each of the following Medical Electoral Districts, who shall be a resident of the District for which he is elected council (b) For the purpose of this election the Province of Alberta Number of shall be divided into seven Medical Electoral Districts, to be known as districts Nos. 1, 2, 3, 4, 5, 6, and 7. These districts are made up from the present Electoral Districts of the Province of Alberta as existing for the purpose of the election of members to the first Provincial Legislature of the said province as follows: District No. 1-Is comprised of the Provincial Electoral Medical District of Edmonton. District No. 2-Is comprised of the Provincial Electoral Districts of Peace River, Athabasca, Saint Albert, Stoney Plain, Strathcona, Leduc, Sturgeon, Victoria. District No. 3-Is comprised of the Provincial Electoral Districts of Vermillion, Wetaskiwin, Ponoka, Lacombe, Red Deer. District No. 4-Is comprised of the Provincial Electoral Districts of Innisfail, Rosebud, Banff, Gleichen. electoral Conduct of election Voting papers Scrutineers Counting of votes Term of office District No. 5-Is comprised of the Provincial Electoral District of Calgary. District No. 6-Is comprised of the Provincial Electoral Districts of High River, Macleod, Pincher Creek. District No. 7-Is comprised of the Provincial Electoral Districts of Lethbridge, Cardston, Medicine Hat. (c) The boundaries, number and numbers of the above Medical Electoral Districts are subject to change at any time by the Council. 9. The charge and conduct of the election for the members of the first Council shall be conducted by the Registrar of the College of Physicians and Surgeons of the North-West Territories, and the said election shall be conducted in the manner set out in "The Medical Profession Ordinance," being Chap. 52 of The Consolidated Ordinances of the North-West Territories, 1898, for the election of the Council of that body, from Section 3 to Section 32 inclusive. All subsequent elections under this Act shall be under the management of the Registrar of the Council, and such elections shall be held at such time and place as shall be determined by the Council. 10. Every person entitled to vote may vote for one person for each Medical Electoral District erected by or under the authority of this act. 11. The Registrar shall mail to each registered practitioner at least one month prior to the day of election a voting paper in the form A in the schedule to this Act, or to the like effect, and such practitioner shall fill in the names of the members he is voting for on the voting paper or on one of the like effect, sign it, and return such voting paper closed to the Registrar on any day preceding the day of election, and any such voting paper received by the Registrar by post previous to the day of election shall be deemed delivered to him. 12. The Council shall appoint two persons, who shall act as scrutineers with the Registrar at the election. 13. On the day succeeding the day of election the voting papers shall be opened by the Registrar in the presence of the scrutineers, who shall scrutinise and count the votes, and a record thereof shall be kept by the Registrar in a proper book to be provided by the said Council. 14. The person who has the highest number of votes in each Medical District shall be the member of the Council for that district for the four years following the date of such election and until his successor is elected. 15. Any person entitled to vote at any election shall be entitled to be present at the opening of the voting papers at such election. votes 16. In case of an equality of votes between two or more per- Equality of sons, which leaves the election of one or more of the members of the Council undecided, the scrutineers shall forthwith write upon separate slips of paper the names of the persons having such equality of votes, and put such papers in a ballot box; and the Registrar, in the presence of the scrutineers, shall draw by chance from such ballot box one or more of such papers sufficient to make up the required number, and the person or persons whose names are upon such paper or papers so drawn shall be members of such Council. Voter's fees 17. No person shall be entitled to vote at such election to be paid unless all fees to the College shall have been paid. election 18. No person shall be eligible for election unless qualified Eligibility for to vote at such election, and any votes cast for any person who is ineligible shall be null and void, and the election shall be declared as if such votes had not been cast. Voting for more 19. In the event of any person placing more than one name than one on his voting paper for each district the first one eligible shall be counted. 20. The Registrar shall one month prior to the day on List of voters which the election is to be held make out an alphabetical list or register of the registered medical practitioners who are entitled to vote at the election then about to be held, showing the medical electoral district in which each resides, and shall mail a copy of such list or register to each registered practitioner, along with the voting paper provided for in section 11. list 21. In case any medical practitioner entitled to vote com. Omission from plains to the Registrar in writing of the improper omission or insertion of any name on the said list, it shall be the duty of the Registrar forthwith to examine into the complaint and rectify such error, if any there be, and advise complainant of his decision in writing by post within three days after receiving complaint; and in case any person is dissatisfied with the decision of the Registrar, he may appeal to the Judge of the Superior Court having jurisdiction in the Province provided that such appeal be lodged with the Judge at least ten days before the day on which the election is to be held, and such Judge shall decide the appeal in a summary way and he may, if he deem it necessary, direct such notice of the time and place for hearing the appeal as he may prescribe, to be given to such person as he may specify; and List to be final Regulations Destruction of ballots Petition against election Inquiry as to legality of election New election if it is necessary to hear evidence on such appeal, it may be given viva voce under oath or by affidavit as the Judge directs, and the decision of such Judge shall be final and the list shall remain or be altered in accordance with such decision. 22. The list or register so made out shall be held to be the register of persons entitled to vote at the next election, and no person shall be entitled to vote whose name is not upon such register. 23. The Council may make such regulations as they may think expedient not contrary to the provisions of this Act for regulating the procedure in respect of such elections. 24. The voting papers belonging to any election shall not be destroyed until after all petitions in respect of such elections have been decided, but the same together with all other papers in connection with the election shall be retained by the Registrar. 25. No petition against the return of any member shall be entertained unless such petition shall be filed with the Registrar of the Council within sixty days after the election, and shall contain a statement of the grounds on which such election is disputed and unless a copy of such petition is served upon the member whose election is disputed within sixty days of the date of the election. 26. In case of any doubt or dispute as to the legality of the election of any member to the Council it shall be lawful for the Council to hold an enquiry and decide who is the legally elected member of the Council; and the person whom they decide to have been elected shall be and be deemed to be the member legally elected, and if the election is found to be illegal the Council shall have power to order a new election. 27. In case of the failure in any election under this Act to elect the required number of duly qualified members of the Council, or in the event of any vacancy occurring from death, resignation or any other cause, of any member of the Council, it shall be the duty of the Registrar to hold a new election for such vacancy or vacancies as soon as possible and such elections shall be conducted in the same manner as provided for the election of the full Council. PRESIDENT AND OFFICERS-MEETINGS OF THE COUNCIL. 28. The Council shall elect annually from its own body a President and Vice-President. |