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| This archived statute consolidation is current to February 9, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
[Current to B.C. Regulations Bulletin
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Contents |
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Section |
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1 In this Act:
"association" means The British Columbia Association of Optometrists;
"board" means the board of examiners continued under this Act;
"council" means the executive council of the association;
"inspector" means an inspector appointed under section 24;
"optometric corporation" means a corporation in respect of which a permit has been issued;
"optometrist" means a person authorized to practise optometry under this Act or the rules made under this Act;
"permit" means a permit issued under section 13 and includes a renewal of the permit.
2 The British Columbia Association of Optometrists is continued as a corporation having power to acquire, hold and dispose of property.
3 The head office of the association is at Vancouver or another place the association decides.
4 Persons registered under this Act are members of the association.
5 (1) The executive council of the association consists of 13 members.
(2) The association may by bylaw
(a) determine the manner of electing the council,
(b) alter the number of members who comprise the council,
(c) establish regional districts in British Columbia for which there may be representation on the council, and
(d) stipulate the number of members of the association who may be elected as representatives for each district defined under paragraph (c).
6 (1) The association may make bylaws not inconsistent with this Act regarding any of the following:
(a) election of the council;
(b) powers and proceedings of the council and the duties of its members;
(c) election of board members;
(d) maintenance of the association and management of its property and affairs;
(e) the calling and conduct of meetings, voting and general business, banking, borrowing and credits;
(f) all other purposes reasonably necessary for management of the association.
(2) A bylaw of the association may be disallowed by the Lieutenant Governor in Council.
(3) The association must mail the minister a copy of every bylaw passed by the association within 2 weeks after its passage.
7 (1) The business of the association must be managed by the council.
(2) In the interval between meetings of the association the council may exercise all powers of the association that are not by this Act or bylaws required to be exercised by the association in general meeting.
8 (1) There must be a board of examiners composed of 9 persons.
(2) The minister may appoint 3 persons who are not optometrists to be members of the board.
(3) There must be 6 optometrists elected to the board under the bylaws for a term of 3 years.
(4) The council may rescind the election of a member elected under subsection (3) and the rescission takes effect as soon as a successor is elected.
(5) In the event of the death, insanity, bankruptcy, resignation, removal or expiration of the term of office of an elected board member a successor must be elected by the council in the same manner, and the successor holds office for the unexpired term of the predecessor.
(6) If doubt or dispute arises as to the legality or validity of the election of a board member, the council may determine the matter and its determination is final.
(7) A majority of the board forms a quorum.
(8) The board must appoint
(a) one of its members as the chair, and
(b) one of its members as the secretary.
9 (1) It is the duty of the board at all times
(a) to serve and protect the public, and
(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.
(2) The board has the following objects:
(a) to superintend the practice of optometry;
(b) to govern members according to this Act and the rules;
(c) to establish, monitor and enforce standards of education and qualifications for registration of members;
(d) to establish, monitor and enforce standards of practice to ensure the quality of practice and reduce incompetent, impaired or unethical practice amongst members;
(e) to establish and maintain a competency program to promote high practice standards amongst members;
(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;
(g) to establish, monitor and enforce standards of professional ethics amongst members;
(h) to require members to provide an individual with access to the individual's health care records in appropriate circumstances;
(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;
(j) to administer the affairs of the board and perform other duties through the exercise of the powers conferred by this Act or the rules.
10 (1) The board may make rules as follows:
(a) establishing the course of training and education for persons engaging in the study of optometry and qualifications for registration as optometrists;
(b) providing for a course of instruction in optometry in British Columbia;
(c) concerning examination and admission of applicants to the study and practice of optometry;
(d) concerning the practice of optometry;
(e) concerning the government, discipline, competency and honour of those engaged in the practice of optometry;
(f) setting the fees payable by applicants for examination, registration and certificates of registration;
(g) providing for annual fees payable by members of the association and penalties for failing to pay them and for renewal of a certificate of registration and for a licence issued by the board;
(h) establishing board procedure at its meetings and hearings;
(i) establishing the duties of the secretary and staff of the board;
(j) regulating advertising by optometrists;
(k) concerning management and disposition of money and funds coming to the board;
(l) respecting the use and the prohibition of the use for diagnostic purposes of drugs or classes of drugs by optometrists;
(m) respecting requirements for the renewal of licences including fitness, competency, moral character, continuing education and minimum time in practise during present and preceding years;
(n) creating discretionary powers related to the rule making powers in this section;
(o) generally for the better carrying out of this Act.
(2) For subsection (1) the board may make different rules for different classes of persons.
(3) Rules, and amendments to the rules, made by the board under this section do not come into force until approved by the Lieutenant Governor in Council.
11 The board must submit an annual report respecting the board, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the board.
12 Subject to this Act and the rules, an optometric corporation may carry on the business of providing optometric services to the public through one or more persons each of whom is
(a) an optometrist, or
(b) an employee of the optometric corporation under the direct supervision of an optometrist.
13 (1) The board must issue an optometric corporation permit to a corporation that is incorporated under the Company Act and is in good standing under that Act if the board is satisfied that all of the following conditions exist:
(a) the name of the corporation includes the words "optometric corporation";
(b) all of the voting shares are legally and beneficially owned by optometrists;
(c) all of the nonvoting shares are legally and beneficially owned by
(i) optometrists,
(ii) the spouse of an optometrist who is a shareholder,
(iii) [Repealed 2000-24-28.]
(iv) a child, as defined in the Family Relations Act, of an optometrist who is a shareholder, or
(v) any other relative of an optometrist who is a shareholder if the relative resides with the optometrist;
(d) all of the directors of the corporation are optometrists;
(e) all of the persons who will be practising optometry on behalf of the corporation are optometrists or are under the direct supervision of an optometrist.
(1.1) In subsection (1), "spouse" means a person who
(a) is married to another person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
(2) The board may refuse to issue a permit under subsection (1) if
(a) the optometric corporation has previously had its permit revoked, or
(b) a shareholder of the optometric corporation was a shareholder of an optometric corporation that previously had its permit revoked.
14 (1) A corporation that has the words "optometric corporation" as part of its name must not carry on any business unless it holds a valid permit.
(2) An optometric corporation that holds a permit must not carry on any activities, other than the provision of optometric services or services that are directly associated with the provision of optometric services that would, for purposes of the Income Tax Act (Canada), give rise to income from business.
(3) No act of an optometric corporation, including a transfer of property to or by the corporation, is invalid only because the corporation contravenes subsection (1) or (2).
15 A shareholder of an optometric corporation must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not an optometrist the authority to exercise the voting rights attached to any or all of the shares.
16 (1) The liability for professional negligence of an optometrist carrying on the practice of optometry is not affected by the fact that the optometrist is carrying on that practice as an employee on behalf of an optometric corporation.
(2) The relationship of an optometrist to an optometric corporation, whether as a shareholder, director, officer or employee of an optometric corporation, does not affect, modify or diminish the application to the optometrist of the provisions of this Act and the rules made under it.
(3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between an optometrist and a person receiving the professional services of an optometrist.
(4) The relationship between an optometric corporation carrying on business as permitted under this Act and a person receiving optometric services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between an optometrist and the optometrist's client.
17 (1) After a hearing, the board may revoke the permit issued to an optometric corporation if
(a) in the course of providing optometric services the corporation does anything that, if done by an optometrist, would be conduct unbecoming an optometrist,
(b) the corporation contravenes section 14, or
(c) the corporation ceases to comply with a condition of qualification referred to in section 13 or a condition under section 18 (2) (c) or (3).
(2) Rather than revoking a permit under subsection (1) the board may
(a) reprimand one or more of the shareholders of an optometric corporation, or
(b) impose a fine on the optometric corporation in an amount not exceeding $10 000.
(3) If a permit is revoked under this section, the board must inform the Registrar of Companies who must amend the name of the corporation whose permit has been revoked
(a) by deleting the words "optometric corporation" from it, and
(b) by making any other amendments that the Registrar of Companies considers necessary or advisable.
(4) All shareholders, directors, officers and employees of an optometric corporation may be
(a) compelled to give evidence at a proceeding under this Act other than as a defendant in a proceeding under section 38, or
(b) required to produce all files and records that are in their possession or power and that are relevant to matters raised in the proceeding.
18 (1) The board may make rules that it considers necessary or advisable for the purposes of sections 12 to 17.
(2) Without limiting subsection (1) the board may make rules as follows:
(a) respecting the issue and renewal of permits, including
(i) the establishment of a procedure to obtain a permit and a renewal of a permit, and
(ii) setting fees for the obtaining of a permit or a renewal of a permit;
(b) respecting procedures for revocation of permits, including the adaptation, in a manner that the board considers necessary or advisable, of rules respecting proceedings before it;
(c) setting conditions that may be attached to permits that are issued or renewed under this Act;
(d) respecting names and the approval of names including the types of names by which an optometric corporation may be known;
(e) respecting the disposition of shares of a shareholder of an optometric corporation who
(i) ceases to be an optometrist, or
(ii) remains an optometrist but is not qualified to practise optometry.
(3) The board may, as a condition of issuing or renewing a permit, set an amount of insurance that the holder of the permit must carry or must provide to each of its employees for the purpose of providing indemnity against professional liability claims.
(4) The rules under subsections (1) and (2) or the amount set under subsection (3) may be different for different permit holders, at the discretion of the board.
(5) Rules made by the board under this section and amendments made to these rules do not come into force until approved by the Lieutenant Governor in Council.
19 The rules made under section 10 apply to optometric corporations and the association and board may exercise the powers given by this Act and the rules to enforce those rules.
20 (1) The board's expenses must be paid from money received for fees.
(2) The board's expenses must not be paid out of public money.
21 An act of the association, council or board is not invalidated because of an irregularity in or invalidity of the election, appointment, registration or other matter affecting the selection of persons as members of the association, council or board.
22 (1) A person is entitled to be registered by the board as an optometrist and to receive from the board a certificate of registration if the person meets all of the following requirements:
(a) the person is a Canadian citizen or permanent resident of Canada;
(b) the person is age 19 or older;
(c) the person files with the board a photograph of the person and an application verified by affidavit on a form specified by the board;
(d) the person satisfies the board by any required documentary or other evidence of the facts alleged in the application;
(e) the person passes the examinations specified by the board;
(f) the person pays the fees specified by the board.
(2) Before a certificate of registration is issued and delivered to the person entitled to it, it must be numbered and registered in a book to be kept by the secretary of the board as a register of the persons entitled to practise optometry.
(3) Each certificate of registration issued must be numbered consecutively and the number written on the certificate and in the register.
(4) If an applicant for registration fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that an applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of optometry by the applicant.
23 (1) A person who is the registered holder of a certificate of registration issued by the board is, on payment of the annual licence fee and on compliance with the requirements of this Act and the rules made under this Act, entitled to receive from the board a licence entitling the person to practise optometry in British Columbia during the calendar year for which it is issued.
(2) An optometrist must display the optometrist's certificate of registration and licence in a conspicuous place in the office or place where the optometrist usually practises optometry, and when required must exhibit them to the board or its authorized representative.
(3) An optometrist must keep continuously displayed in a conspicuous place at the entrance to the place where the optometrist's practice is carried on a notice bearing only that person's name and a title permitted under section 31.
24 The board may appoint inspectors.
25 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:
(a) the premises, the equipment and the materials used by a member to practise optometry;
(b) the records of a member relating to the member's practice of optometry and may copy the records;
(c) the practice of optometry performed by or under the supervision of the member.
(2) The board may direct an inspector to act under subsection (1).
(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.
26 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order
(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,
(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and
(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.
(2) Unless the court otherwise directs, an application under subsection (1) may be made without notice to anyone and heard in private.
(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found
(a) that a person who is not a member has contravened this Act or the rules, or
(b) that a person who is a member
(i) has contravened this Act or the rules,
(ii) has failed to comply with a limit or condition imposed under this Act or the rules,
(iii) has acted in a manner that constitutes professional misconduct,
(iv) is not competent to practise optometry, or
(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise optometry.
(4) In an order under this section, the court
(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,
(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and
(c) may direct that section 27 does not apply to a thing specified in the order
(i) provided all limitations and conditions included under paragraph (b) are met, and
(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 27 apply to the thing seized.
(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.
27 (1) For the purposes of subsection (2), the person who makes a seizure under section 26 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.
(2) On receiving a report under subsection (1), the judge must
(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or
(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.
(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).
(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.
(5) Subject to an order under section 26 (4) (b), the person from whom any thing is seized under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.
(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either
(a) the person from whom it was seized agrees to its continued detention, or
(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.
28 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the rules.
(2) A person must not obstruct a person acting under section 26 or 27 or under an order under those sections.
29 (1) If the board considers the action necessary to protect the public during the investigation of a member or pending a hearing of the board, it may
(a) set limits or conditions on the practice of optometry by the member, or
(b) suspend the registration of the member.
(2) If the board acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal that decision to the Supreme Court.
(3) A decision under subsection (1) is not effective until the earlier of
(a) the time the member receives the notice under subsection (2), and
(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register of the association.
(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing of this as soon as possible.
(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 32 respecting an appeal from a decision of the board apply to an appeal under this section.
30 (1) The board may, after giving a current or former optometrist an opportunity to be heard, determine if the person has done any of the following:
(a) contravened this Act or a rule made under it;
(b) failed to comply with a limitation, term or condition imposed under this Act or the rules;
(c) incompetently practised optometry;
(d) engaged in unprofessional conduct.
(2) If the board makes a determination under subsection (1), it may, if appropriate, do one or more of the following:
(a) dismiss the matter;
(b) reprimand the current or former optometrist;
(c) impose limitations or conditions on the certificate of registration of the optometrist;
(d) suspend the certificate of registration of the optometrist;
(e) cancel the certificate of registration of the optometrist;
(f) require that the current or former optometrist pay to the association some or all of the reasonable costs of the hearing and may determine the amount of those costs.
(3) If the board dismisses a matter under subsection (2) (a), the board may pay the current or former optometrist, who was the subject of the hearing, the person's reasonable costs in an amount it determines.
(4) If the board determines the amount of costs under subsection (2) (f) or (3), the amount may be assessed under the Supreme Court Rules, as nearly as they are applicable, by the registrar or district registrar of the Supreme Court, in the judicial district in which the hearing under subsection (1) takes place, on the scale provided in Appendix C of the Supreme Court Rules, as nearly as they are applicable.
(5) If the certificate of the registrar certifying the amount of costs awarded is filed with the court, it may be enforced as if it were an order of the court.
(6) A determination must not be made under subsection (1) unless the current or former optometrist has been given at least 15 days' notice in writing of the hearing.
(7) The board may take evidence under oath, and a board member may administer oaths to witnesses at hearings under this section.
(8) All rights and privileges under this Act of a person whose certificate of registration has been suspended cease for the time limited by the board.
(9) If a certificate of registration has been suspended or revoked, the licence issued to the holder of the certificate is deemed to be suspended or revoked.
(10) A person whose certificate of registration is suspended must promptly deliver the certificate of registration and licence to the secretary of the board.
(11) A person whose certificate of registration has been revoked may, after 90 days, apply to have it reissued, and the board in its discretion may reissue the applicant a certificate of registration and licence, on compliance with any terms and conditions and payment of any costs imposed by the board.
(12) A person who practises optometry after the person's certificate of registration has been revoked, or during a suspension of it, is be deemed to be practising optometry without registration.
(13) A certificate of registration that has been fraudulently or incorrectly obtained may be revoked by order of the board.
(14) If a member fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that a member presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the member or whether to suspend or cancel the registration of the member.
31 (1) An optometrist holding a valid licence under this Act, who holds the academic qualification of Doctor of Optometry granted by a university for a course of studies accepted by the board as qualification for registration and licensing under this Act, may display or make use of the title "doctor" or the abbreviation "Dr.", but only as "Doctor of Optometry", "Dr. of Optometry", "Optometry Doctor" or "Optometry Dr.".
(2) An optometrist must not use the title "doctor" or the abbreviation "Dr." in such a way as to suggest an occupation relating to the treatment of human ailments other than as permitted under this Act.
(3) An optometrist licensed on or before January 1, 1984 to practise in British Columbia, may apply to the board and the board may grant to that optometrist the right to use the title "doctor" or the abbreviation "Dr." as set out in subsection (1).
(4) The board may grant the right under subsection (3) if the board is satisfied that the academic qualification of the optometrist is the equivalent of the academic program leading to the degree of Doctor of Optometry as granted in Canada.
32 (1) A person who fails to pass an examination, whose certificate of registration has been revoked or suspended or who feels aggrieved by an order or decision of the board, may appeal to the Supreme Court within 6 months after the date when the result of the examination is announced or the order or decision is made, as the case may be.
(2) The court, on hearing the appeal, may confirm, vary or reverse, either in whole or in part, the result of the examination or the order or decision appealed from, or it may make another order it thinks proper.
(3) The court may refer to an optometrist or to a medical practitioner any matter arising in an appeal by a person who has failed to pass an examination.
(4) Costs of the appeal are in the discretion of the court.
33 Any one or any combination of the following practices constitutes the practice of optometry:
(a) investigation of the functions of the human eye by diagnostic drugs in accordance with the rules made under this Act and by test lenses, test cards, trial frames and other instruments or devices designed for that investigation;
(b) prescription or adaptation of lenses, prisms or the use of orthoptic instruments of any kind to improve or correct the visual function, or to adapt the visual function to the requirements of a special occupation.
34 A person must not practise optometry in British Columbia unless the person is the holder of a certificate of registration issued by the board and of a valid annual licence.
35 (1) A person who is not the holder of a certificate of registration issued by the board and of a valid licence issued to the person under this Act must not, in British Columbia, directly or indirectly, offer to practise or hold himself or herself out as being qualified or entitled to practise optometry either in British Columbia or elsewhere.
(2) A person must not in British Columbia, directly or indirectly,
(a) hold out or represent another person not registered and licensed under this Act as practising or qualified or entitled or willing to practise the profession of optometry in British Columbia or elsewhere, or
(b) circulate or make public anything designed or tending to induce the public to engage or employ as an optometrist a person not registered and licensed under this Act.
(3) A person, other than a person holding a valid licence under this Act, must not use the title "optometrist" or any word, abbreviation, letter, sign or other designation that claims or implies that the person is authorized or qualified to practise optometry.
36 A person who is not an optometrist must not by advertisement in a newspaper, in a written or printed circular, on a business card or sign or through or by another medium, assume a title, name or description implying or calculated to lead to the belief the person is qualified or entitled to practise optometry.
37 (1) An optometrist must not use a trade name or corporate name in connection with the practice of optometry.
(2) Despite subsection (1) an optometrist may practise optometry in a partnership of which all partners are optometrists under a firm name that includes the surname of one or more of the members.
(3) Nothing in this Act makes it illegal for an existing firm or corporation carrying on the practice of optometry on April 28, 1948, to continue carrying on that practice under its firm or corporate name so long as those employed in the practice of optometry by the firm or corporation are optometrists.
38 (1) A person who contravenes section 34, 35 (1), (2) (a) or (b) or (3) or 36 commits an offence.
(2) Section 5 of the Offence Act does not apply to this Act or to the rules or bylaws made under this Act.
39 This Act does not do any of the following:
(a) apply to medical practitioners;
(b) apply to the sale or disposal of glasses not manufactured or adapted to improve or correct conditions of the human eye;
(c) prevent the sale by a person of glasses, spectacles or lenses made to fill a prescription from a medical practitioner or optometrist;
(d) prevent the sale of complete ready to wear glasses or spectacles sold as merchandise from a permanent place of business.
40 A medical practitioner or optometrist may employ a qualified orthoptic technician to perform orthoptic or visual training procedures, under the direction and control of the medical practitioner or optometrist.
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