Opticians Act, O-5.1

1 OPTICIANS c O-5.1 The Opticians Act being Chapter O‑5.1* of The Statutes of Saskatchewan, 2010 (effective June 18, 2011), as amended by the Statutes of Saskatchewan, 2014, c E‑13.1; 2017, c P‑30.3; 2018, c C‑2.111 and c 42; 2020, c 9; 2023, c 6; and 2024, c 4. *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and specifics. NOTE: This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume. Amendments have been incorporated for convenience of reference and the official Statutes and Regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the official Statutes and Regulations, errors that may have appeared are reproduced in this consolidation. 2 c O-5.1 OPTICIANS Table of Contents 1 Short title 27 Professional misconduct 2 Interpretation 28 Professional conduct committee 29 Investigation COLLEGE 3 Association continued as college 29.1 Investigative powers 4 Duty and objects of college 30 Suspension pending outcome of investigation 5 Membership 31 Discipline committee 6 Property 32 Discipline hearing 7 Meetings 33 Disciplinary powers 34 Continuity of committee COUNCIL 35 Criminal conviction 8 Council 36 Criminal Conduct 9 Public appointees 37 Repealed 10 Resignation 38 Review by council 11 Vacancy 39 Appeal to court 12 Officers and employees 40 Effect of appeal 13 Committees 41 Effect of expulsion or suspension BYLAWS 42 Reinstatement 14 Procedures GENERAL 15 Bylaws 43 Immunity 16 Filing of bylaws 44 Offence and penalty 17 Ministerial bylaws 45 Limitation of prosecution MEMBERSHIP AND REGISTRATION 46 Report of termination of employment 18 Membership 47 Review by Legislative Assembly 19 Register 48 Record of revocation and notification 20 Registration 49 Annual register 21 Delegation and review 50 Annual report PROHIBITION 51 Compliance 22 Protection of title 52 Service of notices, etc. 23 Authorized practices REPEAL, TRANSITIONAL, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE DISCIPLINE 53 RSS 1978, c O‑5 repealed 24 Interpretation re discipline provisions 54 Transitional – bylaws 25 Proceedings against former members 55 Transitional – council 25.1 Examination to assess whether curtailment of practice should be ordered 56 SS 1984‑85‑86, c O‑6.1, section 47 amended 26 Professional incompetence 57 Coming into force 3 OPTICIANS c O-5.1 CHAPTER O-5.1 An Act respecting the Profession of Opticians and making a consequential amendment to The Optometry Act, 1985 Short title 1 This Act may be cited as The Opticians Act. Interpretation 2 In this Act: (a) “administrative bylaw” means a bylaw made for a purpose set out in subsection 15(1); (b) “business day” means a day other than a Saturday, Sunday or holiday; (c) “bylaws” means the valid and subsisting bylaws of the college; (d) “college” means the Saskatchewan College of Opticians continued pursuant to section 3; (e) “council” means the council of the college; (f) “court” means the Court of King’s Bench; (g) “member” means a member of the college who is in good standing; (h) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (i) “practising member” means a member to whom a current licence to practise has been issued pursuant to section 20; (j) “record” means any information that is recorded or stored in any medium or by means of any device, including a computer or electronic media; (k) “register” means the register kept pursuant to section 19; (l) “registrar” means the registrar appointed pursuant to subsection 12(2); (m) “regulatory bylaw” means a bylaw made: (i) for a purpose set out in subsection 15(2); or (ii) pursuant to section 17. 2010, c O‑5.1, s 2; 2024, c4, s 32. 4 c O-5.1 OPTICIANS COLLEGE Association continued as college 3 The Saskatchewan Ophthalmic Dispensers Association is continued as a corporation to be known as the Saskatchewan College of Opticians. 2010, c O‑5.1, s 3. Duty and objects of college 4(1) It is the duty of the college at all times: (a) to serve and protect the public; and (b) to exercise its powers and discharge its responsibilities in the public interest and not in the interests of the members. (2) The objects of the college are: (a) to regulate the practice of the profession and to govern the members in accordance with this Act and the bylaws; and (b) to assure the public of the knowledge, skill, proficiency and competency of members in the practice of the profession. (3) In furtherance of its duty and objects, the college may: (a) establish, maintain and enforce standards for registration and of continuing competency and standards of practice for members; (b) establish, maintain and enforce a code of ethics for members; (c) approve programs of study and education courses for the purposes of registration requirements; (d) establish and maintain a continuing competency program to promote high practice standards among members; and (e) carry out any other regulatory activity that the college determines is consistent with its duty and objects. 2023, c 6, s 12‑2. Membership 5 The membership of the college consists of: (a) those persons who are members of the Saskatchewan Ophthalmic Dispensers Association on the day before this Act comes into force; and (b) those persons who are admitted as members of the college pursuant to this Act and the bylaws. 2010, c O‑5.1, s 5. 5 OPTICIANS c O-5.1 Property 6(1) The college may acquire, hold, mortgage, lease, sell or dispose of any property. (2) All fees, fines and penalties receivable or recoverable pursuant to this Act are the property of the college. (3) The college may: (a) invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act; and (b) sell or otherwise dispose of those investments and reinvest the proceeds in similar investments. 2010, c O‑5.1, s 6. Meetings 7(1) An annual meeting of the college is to be held at the time and place that is determined by the council in accordance with the bylaws. (2) A special meeting of the college for the transaction of the business that is specified in the resolution or demand is to be held: (a) on resolution of the council; or (b) on the demand, in writing, of the number of members specified in the bylaws. (3) The procedure at an annual or special meeting is to be determined by bylaw. (4) The council shall send a notice of an annual meeting or special meeting to each member in the manner prescribed in the bylaws. (5) Notwithstanding subsection (4), the council shall give notice of a special meeting within 60 days after a resolution or demand for a special meeting. 2010, c O‑5.1, s 7. COUNCIL Council 8(1) The council shall govern, manage and regulate the affairs and business of the college. (2) The council consists of: (a) the number of persons elected or appointed in accordance with the bylaws; and (b) the persons appointed pursuant to section 9. (3) Members of the council elected or appointed pursuant to clause (2)(a) are entitled to remuneration and reimbursement for expenses in the amount prescribed in the bylaws. 6 c O-5.1 OPTICIANS (4) Each person elected or appointed as a member of the council pursuant to clause (2)(a) holds office: (a) for the term prescribed in the bylaws; and (b) until the person’s successor is elected or appointed, as the case may be. 2023, c 6, s 12‑3. Public appointees 9(1) The Lieutenant Governor in Council may appoint three persons who reside in Saskatchewan as members of the council. (2) Where the Lieutenant Governor in Council appoints a person as a member of the council, the term of office of that person is not to exceed three years. (3) Subject to subsection (4), a member of the council appointed pursuant to this section holds office until that person’s successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms. (4) A member of the council appointed pursuant to this section ceases to hold office if that person ceases to be a resident of Saskatchewan. (5) A member of the council appointed pursuant to this section may exercise rights and serve as a member of committees to the same extent as other members of the council. (6) At least one member of the council appointed pursuant to this section shall be a member of the discipline committee. (7) The absence or inability to act as a member of the discipline committee by a member of the council appointed pursuant to this section or the failure to appoint a member of the council pursuant to this section does not impair the ability of the other members of the discipline committee to act. (8) The minister shall remunerate and reimburse for expenses the members of the council appointed pursuant to this section at the rate determined by the Lieutenant Governor in Council. 2010, c O‑5.1, s 9. Resignation 10(1) A member of the council elected or appointed pursuant to clause 8(2)(a) may resign by giving a written notice of resignation to the council. (2) A member of the council appointed pursuant to section 9 may resign by giving a written notice of resignation to the minister and the council. (3) The resignation of a member of the council is effective on the date stated on the written notice or, if no date is stated: (a) in the case of the resignation of a member of the council elected or appointed pursuant to clause 8(2)(a), on the date the written notice is received by the council; or (b) in the case of the resignation of a member of the council appointed pursuant to section 9, on the date the written notice is received by the minister. 2023, c 6, s 12‑4. 7 OPTICIANS c O-5.1 Vacancy 11(1) When the office of a person elected or appointed as a member of the council pursuant to clause 8(2)(a) becomes vacant, the remaining members of the council may appoint another person to fill the vacancy until the earlier of: (a) the expiry of the term of office of the person who ceased to be a member of the council; and (b) the day on which a person is elected or appointed to fill the vacancy in accordance with this Act and the bylaws. (2) A vacancy in the membership of the council does not impair the power of the remaining members of the council to act. (3) If the licence of a member serving as a member of the council is suspended, the member’s powers and duties as a member of the council are suspended for the same period. (4) If a member serving as a member of the council is expelled from the college, the member ceases to be a member of the council on the day the member is expelled. 2023, c 6, s 12‑4. Officers and employees 12(1) The officers of the college are to be those that are: (a) prescribed in the bylaws; and (b) appointed or elected in accordance with the bylaws. (2) The council shall appoint a registrar. (3) The council may engage any employees that it considers necessary to carry out the duties and functions of the college. (4) Subject to this Act and the bylaws, the council shall determine the duties, responsibilities and remuneration of employees of the college. 2010, c O‑5.1, s 12. Committees 13(1) The council may establish any committees that are provided for by the bylaws or that it considers necessary. (2) The council shall appoint persons to any committees that are provided for by this Act or the bylaws or that it has established pursuant to subsection (1). (3) Subject to this Act and the bylaws, the council, on any terms or conditions that it may determine, may delegate any of its powers or duties to a committee provided for by this Act or the bylaws or established pursuant to subsection (1). (4) The council shall not delegate the power to make bylaws. (5) Subject to this Act and the bylaws, a committee may establish its own procedures. 2010, c O‑5.1, s 13. 8 c O-5.1 OPTICIANS BYLAWS Procedures 14(1) The council may make bylaws for any purpose set out in section 15. (2) The registrar shall notify each member of each bylaw made pursuant to subsection (1) within 60 days after the bylaw is made. (3) Failure to comply with subsection (2) does not invalidate a bylaw. (4) Subject to subsection (5), an administrative bylaw comes into force on the date specified in the bylaw, which date shall not be earlier than the date on which the bylaw is passed by the council. (5) If an administrative bylaw does not specify the date on which it comes into force, the bylaw comes into force on the date on which it is passed by the council. (6) No regulatory bylaw made by the council comes into force until it is: (a) approved by the minister pursuant to section 16; and (b) published in the Gazette. 2023, c 6, s 12‑5. Bylaws 15(1) Subject to this Act, administrative bylaws may be made pursuant to section 14 for the following purposes: (a) prescribing the seal of the college; (b) providing for the execution of documents by the college; (c) respecting the banking and financial dealings of the college; (d) fixing the fiscal year of the college and providing for the audit of the accounts and transactions of the college; (e) respecting the management of the property of the college; (f) prescribing the number and terms of office of members of the council, other than persons appointed pursuant to section 9; (g) prescribing the officers of the college and governing the procedure for the appointment, election or removal of those officers; (h) prescribing the duties of members of the council and officers and employees of the college; (i) prescribing the remuneration and reimbursement for expenses for members of the council and committees, other than persons appointed pursuant to section 9; (j) governing the procedures for the election or appointment of members of the council, other than persons appointed pursuant to section 9; (k) prescribing the organization, powers and procedures of the council and regulating the council in the performance of its duties; 9 OPTICIANS c O-5.1 (l) respecting the holding and procedures of meetings of the council and annual and special meetings of the college; (m) prescribing the amount of registration, licensing and other fees payable to the college, the times of payment and the penalties for late payment; (n) providing for the receipt, management and investment of contributions, donations and bequests; (o) establishing and governing scholarships, bursaries and prizes; (p) regulating joint participation by the college with any educational institution or any person, group, association, organization or body corporate having goals or objectives similar to those of the college; (q) establishing any committees that the council considers necessary, prescribing the manner of election, appointment or removal of committee members, determining the duties of committees and establishing procedures for the operation of committees; (r) providing for any other thing that is necessary for the effective administration of the college. (2) Subject to this Act, regulatory bylaws may be made pursuant to section 14 for the following purposes: (a) prescribing the qualifications, standards and tests of competency for: (i) the registration of persons or any category of persons as members; and (ii) the issuing of licences; (b) prescribing: (i) the procedures governing registration of persons or any category of persons as members; (ii) the procedures governing the issuing of licences; and (iii) the terms and conditions of licences; (c) setting standards of professional conduct, competency and proficiency of members; (d) providing for a code of ethics for members; (e) setting standards regarding the manner and method of practice of members; (f) prescribing procedures for: (i) the review, investigation and disposition of complaints by the professional conduct committee or the mediation of complaints alleging that a member is guilty of professional misconduct or professional incompetence; 10 c O-5.1 OPTICIANS (ii) hearings by the discipline committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence; and (iii) reviews pursuant to subsection 21(4); (f.1) respecting the establishment of panels of the professional conduct committee and the discipline committee and the composition of the panels, determining the duties of the panels and establishing procedures for the operation of the panels; (g) establishing categories of membership in the college and prescribing the rights and privileges of each category; (h) respecting the optician education programs required to be successfully completed for the purposes of registration pursuant to this Act; (i) prescribing the circumstances under which members are required to attend re‑entry education programs and courses and prescribing programs and courses for that purpose; (j) setting standards for continuing education and the participation of members in continuing education; (k) governing the reinstatement of a member who has been expelled; (l) setting requirements for maintenance of membership; (m) establishing categories of practice and prescribing the requirements for admission to each of those categories and the practising rights and privileges associated with each category; (n) regulating advertising by members; (o) prescribing the number of members required to demand a special meeting of the college; (p) governing persons who practise pursuant to restricted licences issued pursuant to subsection 20(3); (q) prescribing the minimum amount of liability protection that members are required to obtain; (r) prescribing the form, content and maintenance of the register and the information to be provided by members for the purposes of the register; (s) respecting the reporting and publication of decisions and reports of the council and committees; (t) respecting the types and service of notices that may be served electronically; (u) establishing programs for the assessment of the competency of members; (v) defining activities that constitute a conflict of interest and prohibiting the participation of members in those activities; (w) prescribing any other matters considered necessary for the better carrying out of this Act. 2010, c O‑5.1, s 15; 2023, c 6, s 12‑6. 11 OPTICIANS c O-5.1 Filing of bylaws 16(1) The college shall file with the minister two copies, certified by the registrar to be true copies, of: (a) all regulatory bylaws; and (b) any amendment to a regulatory bylaw together with two certified copies of the regulatory bylaw to which the amendment relates. (2) Where the minister does not advise the college in writing within 90 days after receiving copies of the regulatory bylaw or amendment that the minister approves the regulatory bylaw or amendment, the regulatory bylaw or amendment is deemed not to be approved. (3) Where the minister approves a regulatory bylaw or an amendment to a regulatory bylaw, the minister shall file with the Ministry of Justice and Attorney General two copies, certified by the registrar to be true copies, of the regulatory bylaw or amendment. (4) Within 30 days after an administrative bylaw or an amendment to an administrative bylaw is made, the council shall file with the Ministry of Justice and Attorney General two copies, certified by the registrar to be true copies, of the administrative bylaw or amendment. (5) Where an administrative bylaw or an amendment to an administrative bylaw is not filed within the 30-day period mentioned in subsection (4), the administrative bylaw or amendment is deemed to be revoked on the expiration of the period. 2010, c O‑5.1, s 16. Ministerial bylaws 17(1) The minister may request the council to amend or revoke a regulatory bylaw or to make a new regulatory bylaw if the minister is satisfied that it is necessary or advisable. (2) Where the minister makes a request pursuant to subsection (1), the council shall be provided with the reasons for the request and, if the minister considers it appropriate, a draft of a bylaw to amend or revoke the regulatory bylaw or a draft of a new regulatory bylaw. (3) If the council does not comply with a request pursuant to subsection (1) within 90 days after the date of the request, the minister may amend or revoke the existing regulatory bylaw or make the new regulatory bylaw in accordance with that request. (4) A regulatory bylaw made pursuant to this section or an amendment or revocation of a regulatory bylaw pursuant to this section comes into force on the day it is published in the Gazette. (5) Where the minister makes, amends or revokes a regulatory bylaw, the minister shall file with the Ministry of Justice and Attorney General two copies of the regulatory bylaw, amendment or revocation. 2010, c O‑5.1, s 17. 12 c O-5.1 OPTICIANS MEMBERSHIP AND REGISTRATION Membership 18(1) The council, in accordance with this Act and the bylaws, may register persons as members. (2) The council may issue licences to members. 2010, c O‑5.1, s 18. Register 19(1) In accordance with the bylaws, the council shall keep a register in which the name, address and category of membership of every member is to be recorded. (2) The register is to be: (a) kept at the head office of the college; and (b) open for inspection by all persons, without fee, during normal office hours of the college. (2.1) The register may be made available in any other manner acceptable to the registrar, including an electronic format. (3) The following documents are admissible in evidence as proof, in the absence of evidence to the contrary, of their contents without proof of the registrar’s appointment or signature: (a) a certificate purporting to be signed by the registrar and stating that: (i) a named person was or was not, on a specified day or during a specified period, a member according to the register; or (ii) the licence of a named person was or was not, on a specified day or during a specified period, suspended according to the register; or (b) an extract from the register that is certified by the registrar. 2010, c O‑5.1, s 19; 2020, c 9, s 26. Registration 20(1) The council may register as a member, and issue a licence to practise to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) has paid the prescribed fees; (b) has complied with the bylaws with respect to registration as a member; (c) has successfully completed an optician education program that is prescribed in the bylaws; and (d) has successfully passed the examinations prescribed or recognized by the council pursuant to the bylaws. (2) Notwithstanding subsection (1), the council may register as a member, and issue a licence to practise to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) has paid the prescribed fees; 13 OPTICIANS c O-5.1 (b) has complied with the bylaws with respect to registration as a member; and (c) is a member of an association, society, institute or body of opticians established pursuant to the legislation of another jurisdiction in Canada and is a member in good standing in that jurisdiction. (3) The council may register as a member, and issue a restricted licence to practise to, a person who: (a) does not fully meet the requirements of clause (1)(c) or (d); (b) agrees to practise in accordance with the conditions or restrictions specified on the restricted licence; (c) has paid the prescribed fees; and (d) has complied with the bylaws with respect to registration as a member with a restricted licence. (4) A member granted a restricted licence to practise shall comply with the bylaws governing restricted licences. 2010, c O‑5.1, s 20. Delegation and review 21(1) The council may delegate to the registrar the power to: (a) register persons as members; (b) issue licences to members; or (c) do both of the things mentioned in clauses (a) and (b). (2) Where a power is delegated pursuant to this section, the exercise of that power by the registrar is deemed to be an exercise of the power by the council. (3) The council may impose any terms and conditions that it considers appropriate on a delegation of its powers. (4) A person who is aggrieved by a decision of the registrar made pursuant to a delegated power may apply to the council to review that decision. (5) On a review pursuant to subsection (4), the council shall hear the review and may: (a) direct the registrar to exercise the power in a manner that the council considers appropriate; or (b) confirm the registrar’s decision. (6) On a review pursuant to subsection (4), the person aggrieved by the decision of the registrar has the right to appear in person before the council in support of the application. (7) The council shall cause the applicant to be informed, in writing, of its decision regarding the review. 2010, c O‑5.1, s 21. 14 c O-5.1 OPTICIANS PROHIBITION Protection of title 22 No person other than a member shall use the title “Optician”, “Ophthalmic Dispenser”, “Contact Lens Technician” or “Contact Lens Practitioner” or any word, title or designation, abbreviated or otherwise, to imply that the person is a member. 2010, c O‑5.1, s 22. Authorized practices 23(1) Subject to the terms, conditions and limitations of that member’s licence, a member may perform the following authorized practices: (a) interpret a prescription and adapt an ophthalmic appliance in accordance with the regulatory bylaws; (b) verify corrective lenses and provide eyeglasses and follow‑up care in accordance with the regulatory bylaws; and (c) fit and dispense contact lenses and provide follow-up care in accordance with the regulatory bylaws. (2) No person shall perform any of the authorized practices described in subsection (1) unless: (a) the person is a member who is authorized by his or her licence to perform that practice; or (b) the person is authorized pursuant to another Act to perform that practice. 2010, c O‑5.1, s 23. DISCIPLINE Interpretation re discipline provisions 24 In sections 25 to 42, “member” includes a former member. 2010, c O‑5.1, s 24. Proceedings against former members 25(1) No proceedings conducted pursuant to this Act shall be commenced against a former member more than two years after the day he or she became a former member. (2) For the purposes of this section, a proceeding is commenced when the professional conduct committee, pursuant to subsection 29(1), is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence. 2010, c O‑5.1, s 25. 15 OPTICIANS c O-5.1 Examination to assess whether curtailment of practice should be ordered 25.1(1) If the registrar or the professional conduct committee has reasonable grounds to believe that a member may be suffering a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the member’s ability to practise in the profession and causes the continued practice in the profession by the member to constitute a danger to the public, the registrar or professional conduct committee may: (a) direct the member to submit to a physical or mental examination, or both, by a person or at a facility specified by the registrar or professional conduct committee; (b) request the person or facility conducting the examination of the member to report, with written reasons and within a time specified by the registrar or professional conduct committee, to: (i) the professional conduct committee; and (ii) the member; and (c) for the period necessary to allow the registrar or professional conduct committee to act pursuant to clauses (a) and (b) and to receive, consider and act pursuant to this section on the report: (i) impose limitations or conditions on the member’s licence; or (ii) suspend the member’s licence. (2) If the registrar or professional conduct committee imposes limitations, conditions or a suspension pursuant to clause (1)(c), the registrar or professional conduct committee must give the member an opportunity to be heard within 15 days after the imposition of the limitations, conditions or suspension. (3) If the professional conduct committee receives a report pursuant to clause (1) (b) concluding that: (a) the continued practice of the member constitutes a danger to the public; and (b) remedial measures are necessary and, if these remedial measures are taken, the public will be adequately protected; the professional conduct committee may: (c) impose limitations or conditions on the member’s licence; or (d) suspend the member’s licence; and the limitations, conditions or suspension apply until the member satisfies the professional conduct committee that it should act pursuant to clause (5)(a). 16 c O-5.1 OPTICIANS (4) The professional conduct committee must not act pursuant to subsection (3) unless it has first given the member an opportunity to respond to the proposed limitations, conditions or suspension. (5) If action has been taken pursuant to subsection (3) concerning a member, the professional conduct committee may do all or any of the following: (a) cancel or amend a limitation or condition or cancel the suspension to allow the member to resume practice if the professional conduct committee is satisfied, on the member’s application, that the member can resume practice without constituting a danger to the public; (b) delay any investigation or written report mentioned in section 29; (c) decide not to refer the complaint to a hearing before the discipline committee if the professional conduct committee is satisfied that: (i) the member’s condition mentioned in subsection (1) caused or substantially contributed to the member’s conduct described in the complaint; and (ii) the actions taken pursuant to subsection (3) have provided appropriate public protection. (6) If the professional conduct committee acts pursuant to subsection (5), the professional conduct committee must deliver written notice of its decision, with written reasons, to the complainant within 30 days after making its decision. (7) A member aggrieved by a decision of the registrar or the professional conduct committee pursuant to subsection (1) or (3) may appeal the decision to the court, and sections 39 and 40 apply, with any necessary modification, to the appeal. (8) Failure by a member to submit to an examination directed pursuant to subsection (1) or to comply with a limitation, condition or suspension imposed on the member pursuant to subsection (3) is professional misconduct within the meaning of this Act. 2023, c 6, s 12‑7. Professional incompetence 26 Professional incompetence is a question of fact, but the display by a member of a lack of knowledge, skill or judgment or a disregard for the welfare of a member of the public served by the profession of a nature or to an extent that demonstrates that the member is unfit to: (a) continue in the practice of the profession; or (b) provide one or more services ordinarily provided as a part of the practice of the profession; is professional incompetence within the meaning of this Act. 2010, c O‑5.1, s 26. 17 OPTICIANS c O-5.1 Professional misconduct 27 Professional misconduct is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is professional misconduct within the meaning of this Act if: (a) it is harmful to the best interests of the public or the members; (b) it tends to harm the standing of the profession; (c) it is a breach of this Act or the bylaws; or (d) it is a failure to comply with an order of the professional conduct committee, the discipline committee or the council. 2010, c O‑5.1, s 27. Professional conduct committee 28(1) The professional conduct committee is established consisting of at least three persons appointed by the council, the majority of whom are to be practising members. (2) No member of the council or member of the discipline committee is eligible to be a member of the professional conduct committee. (3) If a panel of the professional conduct committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the professional conduct committee. 2010, c O‑5.1, s 28; 2023, c 6, s 12‑8. Investigation 29(1) If the professional conduct committee is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence, the committee shall review and investigate the complaint. (2) In investigating the complaint, the professional conduct committee may take any steps authorized by section 29.1. (3) On completion of its investigation, the professional conduct committee may do one or more of the following: (a) make a written report to the discipline committee recommending that the discipline committee hear and determine the formal complaint set out in the written report; (b) make a written report to the discipline committee recommending that no further action be taken with respect to the matter under investigation; (c) refer the complaint to mediation, if the professional conduct committee decides that the complaint is of concern only to the complainant and the investigated member, both of whom agree to mediation; 18 c O-5.1 OPTICIANS (d) require the investigated member to appear before the professional conduct committee, or a panel of the committee, to be cautioned; (e) require the investigated member to complete a specified continuing education or remediation program; (f) accept the voluntary surrender of the investigated member’s registration or licence; (g) accept an undertaking from the investigated member that provides for one or more of the following: (i) assessment of the investigated member’s capacity or fitness to practise in the profession; (ii) counselling or treatment of the investigated member; (iii) monitoring or supervision of the investigated member’s practice; (iv) completion by the investigated member of a specified course of studies by way of remedial training; (v) placing conditions on the investigated member’s right to practise in the profession; (h) take any other action that the professional conduct committee considers appropriate that is not inconsistent with or contrary to this Act or the bylaws. (4) The formal complaint set out in a written report made pursuant to clause (3) (a) may relate to any matter disclosed in the complaint received pursuant to subsection (1) or the investigation conducted pursuant to subsection (2). (5) A report signed by a majority of the professional conduct committee is the decision of that committee. (6) A copy of a written report made pursuant to clause (3)(b) recommending that no further action be taken shall be provided by the registrar to: (a) the council; (b) the complainant, if any; and (c) the member whose conduct is the subject of the complaint mentioned in subsection (1). 2023, c 6, s 12‑9. Investigative powers 29.1(1) The professional conduct committee may take any steps that it considers proper and may summon any person who is under investigation and any other person whose information may be relevant to the investigation. (2) For the purposes of an investigation, the professional conduct committee may, at any reasonable time: (a) require any person to answer any relevant questions and direct the person to answer the questions under oath or affirmation; 19 OPTICIANS c O-5.1 (b) require any person to give to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control; (c) enter and inspect any premises or place where the investigated member practises or has practised in the profession; (d) inspect, observe or audit the investigated member’s practice; and (e) examine any equipment, materials or any other thing used by the investigated member. (3) For the purposes of an investigation, the professional conduct committee may: (a) require the investigated member to provide access to any computer system used in connection with the member’s practice in order to produce a record in readable form; (b) photograph or create images of the premises or place; or (c) use any copying equipment at the premises or place to make copies of any record related to the investigated member’s practice. (4) The professional conduct committee may apply, without notice or on any notice that the court may direct, to a judge of the court for an order directing any person: (a) to attend before the committee to answer any relevant questions that the committee may have relating to the investigation; and (b) to produce to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control. (5) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member of the professional conduct committee; or (b) counsel acting for the professional conduct committee. (6) If a writ issued pursuant to subsection (5) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (7) If any book, record, document or thing is produced to the professional conduct committee, the committee may authorize any person to copy or make extracts from the book, record, document or thing. (8) No person shall obstruct the professional conduct committee or a member of the committee making an investigation pursuant to this Act or withhold from the committee or the member or conceal, alter or destroy any book, record, document or thing relevant to the matter being investigated. 20 c O-5.1 OPTICIANS (9) A judge of the Provincial Court of Saskatchewan, on an application without notice by the professional conduct committee, may issue an order authorizing a person making the investigation, together with any peace officer called to assist the person making the investigation, to enter and search, by force if necessary, any building, dwelling, receptacle, premises or place specified in the order for any book, record, document or thing and to examine them, if the judge is satisfied that: (a) the professional conduct committee is conducting an investigation pursuant to this Act; and (b) there are reasonable grounds for believing that there is in any building, dwelling, receptacle, premises or place any book, record, document or thing relating to the person whose affairs are being investigated and to the matter of the investigation. (10) An application for an order pursuant to subsection (9) to enter a dwelling shall specifically indicate that the application relates to a dwelling. (11) An entry and search under an order made pursuant to subsection (9) may be conducted only between 8 a.m. and 8 p.m. unless the order specifies otherwise. (12) A person authorized by an order made pursuant to subsection (9) to conduct an entry and search may remove any book, record, document or thing examined by the person. (13) If it is practicable to copy a book, record, document or thing removed pursuant to subsection (12), the professional conduct committee shall return the book, record, document or thing within a reasonable time. (14) A copy or extract of a book, record, document or thing certified to be a true copy by a member of the professional conduct committee or other person who made the copy or extract pursuant to this section is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original item and its contents. (15) The professional conduct committee may delegate any aspect of its investigation pursuant to this section to an investigator. (16) An investigator who acts pursuant to the authority of a delegation has the authority and power of the professional conduct committee, and subsections (1) to (14) apply, with any necessary modification, to that investigator. 2023, c 6, s 12‑9. Suspension pending outcome of investigation 30(1) If the registrar or the discipline committee believes, on the basis of a complaint or the nature of the case, that, pending the outcome of an investigation by the professional conduct committee, a member’s licence should be suspended or a member’s ability to practise in the profession should be limited or restricted, the registrar or the discipline committee may: (a) suspend the member’s licence; or (b) impose limitations or conditions on the member’s licence. 21 OPTICIANS c O-5.1 (2) A member aggrieved by a decision of the registrar or the discipline committee pursuant to subsection (1) may appeal the decision to the court, and sections 39 and 40 apply, with any necessary modification, to the appeal. 2023, c 6, s 12‑9. Discipline committee 31(1) The discipline committee is established consisting of at least three persons appointed by the council, the majority of whom are to be practising members and one of whom is a member of the council appointed pursuant to section 9. (2) No member of the professional conduct committee or member of the council elected or appointed pursuant to clause 8(2)(a) is eligible to be a member of the discipline committee. (3) Subject to this Act and the bylaws, the discipline committee may make rules regulating its business and proceedings. (4) If a panel of the discipline committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the discipline committee. 2010, c O‑5.1, s 31; 2023, c 6, s 12‑10. Discipline hearing 32(1) Where a report of the professional conduct committee recommends that the discipline committee hear and determine a formal complaint, the registrar shall, at least 10 business days before the day on which the discipline committee is to sit: (a) send a copy of the formal complaint to the member whose conduct is the subject of the hearing; and (b) serve notice on the member whose conduct is the subject of the hearing of the date, time and place of the hearing. (2) The professional conduct committee shall prosecute or direct the prosecution of the formal complaint, but its members shall not participate in any other manner in the hearing of the formal complaint except as witnesses when required. (3) The discipline committee shall hear the formal complaint and shall determine whether or not the member is guilty of professional misconduct or professional incompetence, notwithstanding that the determination of a question of fact may be involved, and the discipline committee need not refer any question to a court for adjudication. (4) The discipline committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence. 22 c O-5.1 OPTICIANS (5) The discipline committee may employ, at the expense of the college, any legal or other assistance that it considers necessary, and the member whose conduct is the subject of the hearing, at his or her own expense, may be represented by counsel. (6) The testimony of witnesses is to be under oath or affirmation administered by the chairperson of the discipline committee. (7) At a hearing by the discipline committee, there is to be full right: (a) to examine, cross‑examine and re‑examine all witnesses; and (b) to present evidence in defence and reply. (8) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member whose conduct is the subject of a hearing pursuant to this Act; (b) a member of the professional conduct committee; or (c) a member of the discipline committee. (9) Where a writ issued pursuant to subsection (8) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (10) Subject to The Evidence Act and section 8‑2 of The Provincial Health Authority Act and notwithstanding any other Act or the regulations made pursuant to any other Act, the records of any facility operated by the provincial health authority or an affiliate, as defined in The Provincial Health Authority Act, may be brought before the discipline committee, without special order, by writ of subpoena duces tecum issued pursuant to subsection (8) and served on the chief executive officer of the provincial health authority or affiliate. (11) Where the member whose conduct is the subject of the hearing fails to attend the hearing, the discipline committee, on proof of service of the notice mentioned in subsection (1), may proceed with the hearing in the member’s absence. (12) If, during the course of a hearing, the evidence shows that the member whose conduct is the subject of the hearing may be guilty of a charge different from or in addition to any charge specified in the formal complaint, the discipline committee shall notify the member of that fact. (13) If the discipline committee proposes to amend, add to or substitute the charge in the formal complaint, the discipline committee shall adjourn the hearing for any period that the discipline committee considers sufficient to give the member an opportunity to prepare a defence to the amended formal complaint, unless the member consents to continue the hearing. (14) The person, if any, who made the complaint pursuant to section 29: (a) is to be advised orally or in writing by the registrar of the date, time and place of the hearing; and (b) subject to subsection (16), is entitled to attend the hearing. 23 OPTICIANS c O-5.1 (15) Subject to subsection (16), the discipline committee shall conduct all hearings in public. (16) The discipline committee may exclude members of the public and the person who made the complaint from any part of the hearing where the committee is of the opinion that evidence brought in the presence of the person or persons to be excluded will unduly violate the privacy of a person other than the member whose conduct is the subject of the hearing. 2010, c O‑5.1, s 32; 2017, c P‑30.3, s 11‑18. Disciplinary powers 33(1) Where the discipline committee finds a member guilty of professional misconduct or professional incompetence, it may make one or more of the following orders: (a) an order that the member be expelled from the college and that the member’s name be struck from the register; (b) an order that the member’s licence be suspended for a specified period; (c) an order that the member’s licence be suspended pending the satisfaction and completion of any conditions specified in the order; (d) an order that the member may continue to practise, but only under conditions specified in the order, which may include, but are not restricted to, an order that the member: (i) not do specified types of work; (ii) successfully complete specified classes or courses of instruction; (iii) obtain medical or other treatment or counselling or both; (e) an order reprimanding the member; (f) any other order that the discipline committee considers just. (2) In addition to any order made pursuant to subsection (1), the discipline committee may order: (a) that the member pay to the college, within a fixed period: (i) a fine in a specified amount not exceeding $5,000; and (ii) the costs of the investigation and hearing into the member’s conduct and related costs, including the expenses of the professional conduct committee and the discipline committee and costs of legal services and witnesses;

and (b) where a member fails to make payment in accordance with an order pursuant to clause (a), that the member’s licence be suspended. 24 c O-5.1 OPTICIANS (3) After the conclusion of its hearing pursuant to section 32, the discipline committee shall: (a) make its decision as soon as possible; and (b) within 10 business days after the decision, send to the member whose conduct is the subject of the complaint and the person, if any, who made the complaint: (i) a copy of its decision; and (ii) if the discipline committee makes an order pursuant to this section, a copy of the order. (4) Where a member is expelled from the college or a member’s licence is suspended, the registrar shall strike the name of the member from the register or indicate the suspension on the register, as the case may be. (5) The discipline committee may inform a member’s employer of the order made against that member where that member has been found guilty of professional misconduct or professional incompetence. 2010, c O‑5.1, s 33. Continuity of committee 34 Where an investigation is commenced by the professional conduct committee or a hearing is commenced by the discipline committee and the term of office of a member of the committee expires or is terminated before the investigation or hearing is disposed of, the person shall remain a member of the professional conduct committee or the discipline committee, as the case may be, for the purposes of completing the investigation or hearing, in the same manner as if the member’s term of office had not expired or been terminated. 2010, c O‑5.1, s 34. Criminal conviction 35 The discipline committee may make any order pursuant to section 33, where: (a) the member has been convicted of an offence pursuant to the Criminal Code, the Controlled Drugs and Substances Act (Canada), the Cannabis Act (Canada) or the Food and Drugs Act (Canada); (b) a report of the professional conduct committee is made to the discipline committee respecting the conviction mentioned in clause (a); (c) the discipline committee has given the member mentioned in clause (a) an opportunity to be heard; and (d) the discipline committee finds that the conduct of the member giving rise to the conviction is professional misconduct. 2010, c O‑5.1, s 35; 2018, c C‑2.111, s 7‑11. 25 OPTICIANS c O-5.1 Criminal conduct 36 If, in the course of an investigation pursuant to this Act, the professional conduct committee obtains information that leads to a reasonable belief that a member has been engaged or is engaging in possible criminal activity, the committee shall disclose the information to the appropriate law enforcement agency. 2023, c 6, s 12‑11. 37 Repealed. 2023, c 6, s 12‑12. Review by council 38(1) A member may appeal a decision or any order of the discipline committee to the council by serving the registrar with a notice of appeal within 30 days after the decision or order where: (a) the member has been found guilty of professional misconduct or professional incompetence by the discipline committee; or (b) the member is subject to an order made pursuant to section 35. (2) An appellant shall set out the grounds of appeal in a notice of appeal mentioned in subsection (1). (3) On receipt of a notice of appeal, the registrar shall file with the council a true copy of: (a) the formal complaint sent and notice served pursuant to section 32 or the report of the professional conduct committee made pursuant to clause 35(b); (b) the transcript of the evidence presented to the discipline committee; and (c) the decision and order of the discipline committee. (4) The appellant or the appellant’s solicitor or agent may obtain from the registrar a copy of the documents filed pursuant to subsection (3) on payment of the costs of producing them. (5) On hearing an appeal, the council may: (a) dismiss the appeal; (b) quash the finding of guilt; (c) direct a new hearing or further inquiries by the discipline committee; (d) vary the order of the discipline committee; or (e) substitute its own decision for the decision appealed from. (6) The council may make any order as to costs that it considers appropriate. (7) A member of council who is a member of the discipline committee shall not participate in the hearing of an appeal pursuant to this section. 2010, c O‑5.1, s 38. 26 c O-5.1 OPTICIANS Appeal to court 39 A member whose conduct is the subject of an order of the council pursuant to section 38 may appeal that order to a judge of the court within 30 days after the date of the order of the council, and section 38 applies, with any necessary modification. 2010, c O‑5.1, s 39. Effect of appeal 40 The commencement of an appeal pursuant to section 38 or 39 does not stay the effect of the decision or order appealed from, but, on five days’ notice to the registrar, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal. 2010, c O‑5.1, s 40. Effect of expulsion or suspension 41 When a member is expelled from the college or a member’s licence is suspended, that member’s rights and privileges as a member are removed for the period during which he or she is expelled from the college or his or her licence is suspended. 2010, c O‑5.1, s 41. Reinstatement 42(1) A person who has been expelled as a member may apply to the council for reinstatement. (2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall: (a) review the application; and (b) investigate the application by taking any steps it considers necessary. (3) On completion of its investigation, the council may: (a) where it is satisfied that the person’s subsequent conduct and any other facts warrant reinstatement, order that the person be reinstated as a member on any terms and conditions that the council considers appropriate; or (b) by order, refuse to reinstate the person. (4) Where, on an application pursuant to subsection (1), the council refuses to reinstate the person as a member, the person, within 30 days after the date of the order, may appeal the order of the council to a judge of the court, and the judge may allow or disallow the appeal. (5) On an appeal pursuant to subsection (4), the judge shall consider: (a) the proceedings before the council on the application for reinstatement; (b) the past record of the appellant as shown by the books and records of the college; and (c) the evidence taken before the council and any committee that dealt with the expulsion and application for reinstatement and the report of that committee. 27 OPTICIANS c O-5.1 (6) A person whose application for reinstatement is refused or whose appeal of a refusal is dismissed may make another application for reinstatement, based on new information, at any time. 2010, c O‑5.1, s 42. GENERAL Immunity 43 No action lies or shall be instituted against: (a) members of the council; (b) the professional conduct committee; (c) the discipline committee; (d) any member of any committee; or (e) any officer, employee or agent of the college; for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act or the bylaws or any duty imposed by this Act or the bylaws. 2010, c O‑5.1, s 43. Offence and penalty 44 Every person who contravenes section 22 or section 23 is guilty of an offence and liable on summary conviction: (a) for a first offence, to a fine of not more than $2,000; (b) for a second offence, to a fine of not more than $4,000; and (c) for each subsequent offence, to a fine of not more than $6,000, to imprisonment for a term of not more than six months, or to both. 2010, c O‑5.1, s 44. Limitation of prosecution 45 No prosecution for a contravention of section 22 or 23 is to be commenced: (a) after the expiration of 24 months from the date of the alleged offence; and (b) without the consent of the Minister of Justice or the council. 2010, c O‑5.1, s 45. 28 c O-5.1 OPTICIANS Report of termination of employment 46 Any employer who terminates for cause the employment of a member shall report the termination to the college where the employer reasonably believes the cause is professional incompetence or professional misconduct. 2010, c O‑5.1, s 46. Review by Legislative Assembly 47(1) One copy of each bylaw and amendment filed with the Ministry of Justice and Attorney General pursuant to section 16 or 17 is to be laid before the Legislative Assembly by the Minister of Justice in accordance with section 13 of The Executive Government Administration Act. (2) Where any bylaw or amendment laid before the Legislative Assembly is found by the Legislative Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, that bylaw or amendment ceases to have any effect and is deemed to have been revoked. 2010, c O‑5.1, s 47; 2014, c E‑13.1, s 62. Record of revocation and notification 48(1) Where it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Legislative Assembly shall immediately: (a) forward two copies of the Votes and Proceedings to the Deputy Minister of Justice; and (b) advise him or her that the copies are forwarded pursuant to this subsection. (2) On receipt of the copies mentioned in subsection (1), the Deputy Minister of Justice shall immediately: (a) file one of the copies with the bylaw or amendment to which it relates; (b) forward the other copy to the college; and (c) advise the college that the copy is forwarded pursuant to this subsection. 2010, c O‑5.1, s 48. Annual register 49 On or before February 1 in each year, the college shall file with the Minister of Justice a list, certified by the registrar to be a true list, showing: (a) the names of all members as at December 31 in the preceding year; (b) the addresses of the members mentioned in clause (a) as shown by the records of the college; and (c) the respective dates of admission of the members mentioned in clause (a). 2010, c O‑5.1, s 49. 29 OPTICIANS c O-5.1 Annual report 50 The college shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 2010, c O‑5.1, s 50. Compliance 51 Every member shall comply with this Act and the bylaws. 2010, c O‑5.1, s 51. Service of notices, etc. 52(1) Unless otherwise provided for in this Act or the bylaws, any notice or other document that is required to be served pursuant to this Act may be served by: (a) personal service made: (i) in the case of an individual, on that individual; (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; or (b) registered mail addressed to the last business or residential address of the person to be served that is known to the registrar. (2) A notice or document sent by registered mail is deemed to have been served on the tenth business day following the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of that person, the person did not receive the notice or document or received it at a later date. (3) If it is for any reason impractical to effect service of any documents in the manner provided for in subsection (1), the court may, on an application that may be made without notice, make an order for substituted service. (4) A document served in accordance with the terms of an order mentioned in subsection (3) is deemed to have been properly served. 2010, c O‑5.1, s 52; 2018, c 42, s 65. REPEAL, TRANSITIONAL, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE R.S.S. 1978, c O-5 repealed 53 The Ophthalmic Dispensers Act is repealed. 2010, c O‑5.1, s 53. Transitional – bylaws 54 Every bylaw of the Saskatchewan Ophthalmic Dispensers Association that is in force on the day before the coming into force of this Act continues in force as a bylaw of the college to the extent that the bylaw is not inconsistent with this Act. 2010, c O‑5.1, s 54. 30 c O-5.1 OPTICIANS Transitional – council 55 A person who was a member of the council of the Saskatchewan Ophthalmic Dispensers Association on the day before this Act comes into force continues as a member of the council of the Saskatchewan College of Opticians until the earlier of: (a) the day on which members of the council are elected or appointed pursuant to this Act; and (b) the day on which the member dies, resigns or otherwise ceases to be a member of the council. 2010, c O‑5.1, s 55. 56 Dispensed. This/these section(s) makes consequential amendments to another/ other Act(s). Pursuant to subsection 33(1) of The Interpretation Act, 1995, the amendments have been incorporated into the corresponding Act(s). Please refer to the Separate Chapter to obtain consequential amendment details and specifics. Coming into force 57 This Act comes into force on proclamation. 2010, c O‑5.1, s 57. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024