shall be full right to cross-examine all witnesses called and to adduce evidence in defence and reply. No. 22 of 1898, s. 5 (9). 47. For the purpose of procuring the attendance and evi- Subpoena dence of a witness before the committee a judge of the Supreme Court may on application of any party to the inquiry order the issue by a clerk of the Supreme Court or a deputy clerk of a writ of subpoena ad testificandum or a writ of subpoena duces tecum. The rules of evidence on such inquiry and the proceed- Rules of ings and penalties in the case of disobedience to any such writ evidence shall be the same as obtain in civil cases in the said court. No. 22 of 1898, s. 5 (10). attendance 48. In the event of the nonattendance of the person whose Non conduct is the subject of such inquiry the committee may upon of accused proof of personal service of the notice aforesaid in accordance with the provisions of this Ordinance, which proof of service may be by statutory declaration, proceed with the subject mattar of the inquiry in his absence and make their report of the facts without further notice to such person. No. 22 of 1898, s. 5 (11). judge 49. Any person whose name has been ordered to be erased Appeal to from the register may appeal from the decision of the council' to a judge of the Supreme Court at any time within six months from the date of the order for such erasure; and such judge may upon the hearing of such appeal make such order as to the restoration of the name so erased or confirming such erasure or for further inquiries by the committee or council into the facts of the case and as to costs as shall be just. 22 of 1898, s. 5 (12). No. 50. The appeal may be by summons for the council of the Procedure said college to show cause, served upon the registrar, and shall be founded upon a copy of the proceedings before the committee, the evidence taken, the committee's report and the order of the council in the matter certified by the registrar; and the registrar shall upon the request of any person desiring to appeal furnish to any such person a certified copy of all proceedings, reports, orders and papers upon which the committee or council have acted in making the report or order complained of. No. 22 of 1898, s. 5 (13). RIGHTS OF REGISTERED PRACTITIONERS. persons 51. Every person registered under the provisions of this Rights of Ordinance shall be entitled to practise medicine and surgery registered including midwifery, or any one of them, in the Territories and to demand and recover in any court in the said Territories, with full costs of suit, reasonable charges for professional aid, advice and visits and the cost of any medicine or surgical appliances rendered or supplied by him to his patients. No. 5 of 1888, s. 38. 52. No duly registered member of the College of Physicians Limitation and Surgeons of the North-West Territories shall be liable to of action Unregistered recover any action for negligence or malpractice by reason of professional services requested or rendered unless such action be commenced within one year from the date when, in the matter complained of, such professional services terminated. No. 5 of 1888, s. 39. 53. No person shall be entitled to recover any charge in person cannot any court of law for any medical or surgical advice or for attendance or for the performance of any operation or for any medicine which he may have prescribed unless he is registered under this Ordinance. No. 5 of 1888, s. 45. charges Unregistered 54. No person shall be appointed as medical officer, physipersons not to cian or surgeon in any branch of the public service of the appointed to office Territories or in any hospital or other charitable institution not supported wholly by voluntary contributions unless he is registered under the provisions of this Ordinance. No. 5 of 1888, s. 46. Certificates to be by registered persons 55. No certificate required by any Ordinance in force or that may hereafter be passed, from any physician or surgeon or medical practitioner shall be valid unless the person signing the same is registered under this Ordinance. No. 5 of 1888, s. 47. Interpretation Register of INTERPRETATION. 56. The words "legally qualified medical practitioner" or "duly qualified medical practitioner" or any other words implying legal recognition of any person as a medical practitioner or member of the medical profession when used in any ordinance or law shall in so far as such ordinance or law applies to the Territories be construed to mean a person registered under this Ordinance. No. 5 of 1888, s. 55. PUBLICATION OF MEDICAL REGISTER. 57. The registrar shall from time to time and at least. practitioners annually under direction of the council cause to be printed and effect of and published a correct register of the names in alphabetical order according to the surnames with the respective residences in form B in the schedule to this Ordinance or to the like effect together with the medical titles, diplomas and qualifications conferred by any college or body, of all persons appearing on the register as existing on the day of publication and such register shall be called the North-West Territories' Melical Register and a copy of the register for the time being purporting to be so printed and published as aforesaid shall be prima facie evidence in all Territorial courts and before all justices of the peace and all others that the persons therein specified are registered according to the provisions of this Ordinance; and subject to the provisions of subsection 2 of this section the absence of the name of any person from such copy shall be prima facie evidence that such person is not registered according to the provisions of this Ordinance. in (2) In the case of any person whose name does not appear such copy a certified copy, under the hand of the registrar, of the entry of the name of such person on the register shall be evidence that such person is registered under this Ordinance. No. 5 of 1888, s. 40; No. 38 of 1897, s. 26 (2). EVIDENCE OF REGISTRATION. registration 58. In all cases where proof of registration under this Ordi- Evidence of nance is required to be made the production of a printed or other copy of the register or of any extract therefrom certified by the registrar shall be sufficient evidence of registration in lieu of the production of the original register; and any certificate purporting to be signed by any person in his capacity of registrar of the council under this Ordinance shall be prima facie evidence that such person is such registrar without any proof of his signature or of his being in fact such registrar. No. 5 of 1888, s. 50; No. 38 of 1897, s. 26 (3). omitting to 59. Any person entitled to be registered under this Ordin- Practitioners ance but who neglects or omits to be so registered shall not register be entitled to any of the rights or privileges conferred by registration so long as such neglect or omission continues and he shall be liable to all the penalties imposed by this Ordinance or any other Ordinance in force against unqualified or unregistered practitioners. No. 5 of 1888, s. 41. persons 60. No unregistered person shall practise medicine or Unregistered surgery for hire or hope of reward; and if any person not practising registered pursuant to this Ordinance for hire, gain or hope of for reward reward practises or professes to practise medicine or surgery he shall be guilty of an offence and upon summary conviction thereof be liable to a penalty not exceeding $100. No. 5 of 1888, s. 42. to be a 61. Any person who wilfully or falsely pretends to be a Pretending physician, doctor of medicine, surgeon or general practitioner physician, etc. or assumes any title, addition or description other than he actually possesses and is legally entitled to under this Ordinance shall be liable on conviction thereof before a justice of the peace to a penalty not exceeding $50 nor less than $10. No. 5 of 1888, s. 43; No. 24 of 1892, s. 2. false title 62. Any person not registered pursuant to this Ordinance Assuming who takes or uses any name, title, addition or description implying or calculated to lead people to infer that he is registered under this Ordinance or that he is recognized by law as a physician, surgeon, or a licentiate in medicine or surgery shall be liable upon summary conviction to pay any penalty not exceeding $100 nor less than $25. No. 5 of 1888, s. 44. 63. Any prosecutions under this Ordinance may be brought Prosecutions or heard before a justice of the peace. In case the penalty and Penalty Onus of proof Limitation of prosecutions Council may cost awarded are not upon conviction forthwith paid the justice may commit the offender to the common gaol there to be imprisoned for any term not exceeding one month unless the penalty and costs are sooner paid. No. 5 of 1888, s. 48. 64. In any prosecution under this Ordinance the burden of proof of registration shall be upon the person charged. No. 5 of 1888, s. 49. 65. Every prosecution under this Ordinance shall be commenced within six months from the date of the alleged offence. No. 5 of 1888, s. 51. 66. The council by an order signed by the president havproceedings ing the seal of the council appended thereto may stay proceedings in any prosecutions under this Ordinance where it is deemed expedient. No. 5 of 1888, s. 52. Application of fines General return may called for 67. All fines and penalties imposed under any of the provisions of this Ordinance and all moneys to be received or levied thereunder shall after the receipt thereof by the person authorised to receive the same be forthwith paid by such person to the treasurer for the uses of the college. No. 34 of 1894, s. 2. RETURNS. 68. The registrar whenever required by the Lieutenant be Governor shall transmit to the territorial secretary a return certified under oath setting forth all such information and particulars relating to the college as may from time to time be required. No. 38 of 1897, s. 26 (6). SCHEDULE. FORM A. THE MEDICAL PROFESSION ORDINANCE, A.D. 1 VOTING PAPER FOR ANNUAL ELECTION. I John James Brown, a registered medical practitioner, vote for the five persons hereinafter named to form the members of the Medical Council of the North-West Territories: 1. George Courtney, Banff. 2. William Jenner, Calgary. 4. John Mitchell, Moose Jaw. 5. Francis Jones, Qu'Appelle. And I declare that I am entitled to vote at this election and am not ir default in payment of my fees to the council. April, 1 John James Brown. Dated, Witness: Horace Young. |