Vacancies in council, 22. In the case of the failure in any instance to elect the how supplied requisite number of duly qualified members of the council or in the case of any vacancy caused by the death or resignation of any member of the council or by any other cause then it shall be the duty of the remaining members to supply the deficiency by appointing to such vacant place or places as the same may occur any person or persons duly qualified according to the provisions of this Ordinance to be elected as a member or members of the council. No. 5 of 1888, s. 28. Officers Salaries Examiners' fees Executive committee Meetings of council Regulations Fees and PRESIDENT AND OFFICERS. MEETINGS OF COUNCIL. 23. The council shall annually appoint a president, vicepresident, registrar, treasurer and such other officers as may from time to time be necessary for the working of this Ordinance who shall hold office during the pleasure of the council; and the said council shall have power to fix by bylaw or from time to time the salaries or fees to be paid to such officers and to the board of examiners hereinafter mentioned. No. 5 of 1888, s. 26. 24. The council shall appoint annually from among its members an executive committee to take cognizance of and action upon all such matters as may be delegated to it by the council or as may require immediate interference or attention between the adjournment of the council and its next meeting; and all such acts shall be valid only till the next ensuing meeting of the council; but the committee shall have no power to alter, repeal or suspend any bylaw of the council. No. 5 of 1888, s. 27. 25. The council may make such rules and regulations as to the times and places of the future meetings of the council and the mode of summoning the same as to the council seems expedient, which rules and regulations shall remain in force until altered at any subsequent meeting and in the absence of any rule or regulation as to summoning meetings of the council it shall be lawful for the president thereof or in the event of his absence or death, for the registrar to summon the same at such time and place as to him seems fit by circular letter to be mailed to each member. (2) In the event of the absence of the president from any meeting the vicepresident or in his absence some other member to be chosen from among the members present shall act as president. (3) All acts of the council shall be decided by the majority of the members present not being less than three in number. (4) At all meetings the president for the time being shall have a casting vote. No. 5 of 1888, s. 29. 26. There shall be paid to members of the council such fees for attendance and such reasonable travelling expenses as may from time to time be fixed by bylaw passed by the said counNo. 5 of 1888, s. 30. cil. REGISTRATION. persons 27. The council shall cause to be kept by the registrar a Register of book or register in which shall be entered the name of every qualified person registered according to the provisions of this Ordinance and from time to time the names of all persons who have complied with the enactments hereinafter contained and with the rules and regulations made or to be made by the council respecting the qualifications to be required from practitioners of medicine or surgery in the Territories and those persons only whose names are inscribed in the book or register above mentioned shall be deemed to be qualified and licensed to practice medicine or surgery in the said Territories except as hereinafter provided and such book or register shall at all times be open and subject to inspection by any person. No. 5 of 1888, s. 32. 28. It shall be the duty of the registrar to keep his register Registrar's correct in accordance with the provisions of this Ordinance and duties the rules, orders and regulations of the council and he shall from time to time make the necessary alterations in the addresses or qualifications of the persons registered under this Ordinance and the said registrar shall perform such other duties as may be imposed upon him by the council. No. 5 of 1888, s. 33. 29. The council shall admit upon the register Persons entitled to to practise (a) Any person possessing a diploma from any college in admission Great Britain and Ireland (having power to grant such diploma) entitling him to practise medicine or surgery and who shall produce such diploma and furnish satisfactory evidence of identification; (b) Any member of any incorporated college of physicians and surgeons of any province of the Dominion of Canada exercising powers similar to those conferred by this Ordinance upon the college of physicians and surgeons of the NorthWest Territories by which under the laws of the province governing the said incorporated body similar rights to register and to practise medicine are granted to the persons incorporated under this Ordinance; (c) Any person who shall produce from any recognised college or school of medicine and surgery a certificate or certificates that he has taken a four years' course of lectures and a diploma of qualification from such recognised college or school: Provided that the applicant shall furnish to the council satisfactory evidence of identification and pass before the members thereof or such examiners as may be appointed for the purpose a satisfactory examination touching his fitness and capacity to practise as a physician and surgeon and provided that every applicant for such examination shall pay to the registrar of the College of Physicians and Surgeons of the North-West Territories the sum of $50 towards defraying the expenses of the examining board. No. 14 of 1890; No. 34 of 1894, s. 1: No. 22 of 1898, ss. 3, 4: No. 40 of 1898, s. 17. Homœopathic physicians Admission by registrar Erasure from register 30. Homœopathic physicians may be registered under this Ordinance on complying with the terms mentioned in section 29 hereof. No. 5 1888, s. 58. 31. The council may by bylaw delegate to the registrar power to admit to practise and to register any person having the necessary qualifications entitling him to be registered by such council. No 24 of 1892, s. 4. 32. The council may at any time direct the name of any person improperly registered to be erased from the register and such name shall be erased by the registrar. No. 24 of 1892, s. 5. FEES. 33. The fee for registration under any section of this Ordinance shall be $50. No. 24 of 1892, s. 3. 34. Each member shall pay to the registrar or to any person deputed by the registrar to receive it, such annual fee as may be determined by bylaw of the council not being less than $1 nor more than $2 towards the general expenses of the college which last mentioned fee shall be payable on the first day of January in each year; and such fee shall be deemed to be a debt due by each member of the college and shall be recoverable with the costs of suit in the name of the College of Physicians and Surgeons of the North-West Territories: Provided that the council may in any case in which it deems expedient remit any annual fees due to the college by any member who is or has been resident out of the Territories during the period in respect of which such fees became due. No. 5 of 1888, s. 35; No. 22 of 1898, s. 2. Council to register and GENERAL POWERS OF COUNCIL. 35. The council shall from time to time as occasion may reregulate quire make orders, regulations or bylaws for regulating the examinations register to be kept under this Ordinance and shall from time to time make rules and regulations for the guidance of the examiners and may prescribe the subjects and modes of examination and generally make all such rules and regulations in respect of examinations not contrary to the provisions of this Ordinance as the council may deem expedient and necessary. No. 5 of 1888, s. 36. General rules 36. The council may from time to time make, alter or amend and repeal rules and regulations for the well being and discipline of the council, the conduct of its affairs and the promotion of medical and surgical knowledge and the disposition of the funds of the council, provided such rules and regulations be not repugnant to the provisions of this Ordinance. No, 5 of 1888, s. 57. CENTRAL EXAMINING BOARD. board 37. The council shall have power to establish conjointly Central with the council or councils of any college or colleges of examining physicians and surgeons incorporated under any act of the legislature of any province of Canada and possessing powers similar to those conferred on the College of Physicians and Surgeons of the North-West Territories a central examining board and to delegate to such board all powers possessed by the said council respecting the examination of candidates for admission to practise medicine and surgery: Provided that such power shall not be exercised unless the persons passing any examination of such central examining board shall on complying with the laws and rules of the respective councils in other respects be entitled to registration as legally qualified medical practitioners in the provinces whose councils may have conjointly with the said council established such central examining board: Provided that any examinations conducted by such central examining board shall be held in at least one place within the Territories simultaneously with such examinations held in any province. No. 22 of 1898, s. 6. DISCIPLINARY. 38. If any registered medical practitioner shall be convicted Misconduct of any indictable offence or shall after due inquiry be judged by practitioner of registered the council to have been guilty of infamous conduct in any professional respect such council may if it sees fit direct the registrar to erase the name of such practitioner from the register and the name of such person shall be erased by the registrar from the register. No. 24 of 1892, s. 1. 39. The council may and upon the application of any three Inquiry registered medical practitioners shall cause inquiry to be made into the case of a person alleged to be liable to have his name erased under the preceding section and on proof of such conviction or infamous or unprofessional conduct shall cause the name of such person to be erased from the register : Provided that the name of a person shall not be erased under this or the last proceding section on account of his adopting or refraining from adopting the practise of any particular theory of medicine or surgery nor on account of a conviction for a political offence out of Her Majesty's dominion nor on account of a conviction for an offence which though within the provisions of the last preceding section ought not in the opinion of the council or the committee hereinafter named either from the trivial nature of the offence or from the circumstances under which it was committed, to disqualify a person from practising medicine or surgery. No. 22 of 1898, s. 5 (2). 40. The council may order to be paid out of the funds at Costs their disposal such costs as may to them seem just to any person against whom any complaint has been made which when Restoration of name Committee of inquiry Legal assistance Counsel Place of inquiry Notice of inquiry Testimony of witnesses finally determined is found to have been frivolous and vexatious. No. 22 of 1898, s. 5 (3). 41. Where the council direct the erasure from the register of the name of any person or of any other entry the name of that person or that entry shall not be again entered on the register except by the direction of the council or by the order of a judge of the Supreme Court. No. 22 of 1898, s. 5 (4). 42. If the council think fit in any case they may direct the registrar to restore to the register any name or entry erased therefrom either without fee or on payment of such fee, not exceeding the registration fee, as the council may fix and the registrar shall restore the same accordingly. No. 22 of 1898, s. 5 (5). 43. The council shall for the purpose of exercising in any case the powers of erasing from and restoring to the register the name of any person or any entry, ascertain the facts of such case by a committee of their own body not exceeding five in number of whom the quorum shall be three; and a written report of the committee may be acted upon as to the facts therein stated for the purpose of the exercise of the said powers by the council. No. 22 of 1898, s. 5 (6). 44. The council shall from time to time appoint and shall always maintain a committee for the purposes prescribed in the last preceding section and subject to the provisions of this Ordinance may from time to time determine the constitution and the number and tenure of office of the members of such committee. No. 22 of 1898, s. 5 (7). 45. The committee appointed under the preceding section may for the purpose of the execution of their duties under this Ordinance employ at the expense of the council such legal or other assistance as the committee may think necessary or proper and the person who-e conduct is the subject of inquiry shall also have the right to be represented by counsel: Provided that all meetings of any such committee when held. for taking evidence or otherwise ascertaining the facts shall be held within the judicial district or subjudicial district where the member complained of resides or the alleged offence was committed unless he shall consent to have the inquiry held elsewhere. No. 22 of 1898, s. 5 (8). 46. At least two weeks before the first meeting of the committee to be held for taking the evidence or otherwise ascertaining the facts a notice shall be served upon the person whose conduct is the subject of inquiry; and such notice shall embody a copy of the charges made against him or a statement of the subject matter of the inquiry and shall also specify the time and place of such meeting. The testimony of witnesses shall be taken under oath which the chairman or acting chairman of the committee is hereby authorised to administer and there |