Fees payable before examination. Certificate of Designation and title. Certificate to be under the Evidence. 18. Every person desirous of being examined by the board touching his qualifications for the practice of the profession of dentistry, shall at least one month before the sittings of the board, pay into the hands of the treasurer the required fees, and enclose and deliver to the secretary the treasurer's receipt for the same, together with satisfactory evidence of his apprenticeship, integrity and good morals; and it shall be the duty of the board to hold a sitting for the purpose herein before mentioned on the first Tuesday in March next ensuing the said payment and delivery or on such other day as shall be appointed by the board as aforesaid. R. S. O. 1877, c. 144, s. 16; 49 V. c. 30, s. 4. 19. If the board is satisfied by the examination that the person is duly qualified to practise the profession of dentistry, and is further satisfied that he is a person of integrity and good moral character, it shall, subject to such rules, regulations and by-laws, grant him a certificate of license and the title of "Licentiate of Dental Surgery," which certificate and title shall entitle him to all the rights and privileges conferred by this Act. R. S. O. 1877, c. 144, s. 17. 20. Every certificate of license shall be sealed with the corcorporate seal, porate seal of the College and signed by the president and secretary of the board; and the production of such certificate of license shall be prima facie evidence in all Courts and upon all proceedings of whatever kind, of its execution and contents. R. S. O. 1877, c. 144, s. 18. Return of licenses granted. No person to practise with or without sume certain titles. 21. The secretary of the said board shall, on or before the fifteenth day of January, in each year, enclose to the Provincial Secretary a certified list of the names of all persons to whom certificates of license have been granted during the then next preceding year. R. S. O. 1877, c. 144, s. 19. 22.-(1) No person who is not a member of the said out certificate, the Royal College of Dental Surgeons of Ontario, shall practise the profession of dentistry, or perform any dental operation upon, or prescribe any dental treatment for any patient, for hire, gain, or hope of reward, whether by way of authority as fees, salary, rent, per centage of receipts or in any other form whatever, or shall pretend to hold, or take or use any name, title, addition or description implying that he holds a certificate of license to practise dentistry, or that he is a member of the said the Royal College of Dental Surgeons of Ontario, or shall falsely represent, or use any title representing that he is a graduate of any Dental College. Penalty. (2) Every person who contravenes any of the provisions of this Act, shall for each such offence incur a penalty of $20. R. S. O. 1877, c. 144, s. 20; 49 V. c. 30, ss. 5, 10. (3) Provided that this section shall not prevent any duly indentured and registered student of dentistry from receiving clinical instruction and practice under the personal supervision of a member of the College. 49 V. c. 30, s. 5. 23. Every penalty imposed by this Act may be recovered Penalties how with full costs of prosecution on summary conviction before recoverable. any one or more of Her Majesty's Justices of the Peace for the county in which the offence is committed. R. S. O. 1877, c. 144, s. 21. tions. 24. Except where it is herein otherwise provided, the pro- Procedure cedure upon any such prosecution shall be that prescribed by upon prosecuThe Act respecting Summary Convictions before Justices of Rev. Stat. the Peace and Appeals to General Sessions. R. S. O. 1877, c. 74. c. 144, s. 22. 25. The penalty and costs imposed upon any such convic- Application of tion shall be forthwith paid over to the convicting Justice, and penalty. the penalty shall be by him paid over to the secretary of the said College; and in case the said penalty and costs are not paid forthwith, the said Justice may issue his warrant to commit the defendant to the common gaol of the county, there to be imprisoned for any term not exceeding one month, unless the penalty and costs are sooner paid. R. S. O. 1877, c. 144, s. 23. in name of the 26. The penalty imposed by section 22 of this Act may be Penalty may recovered with full costs of suit in the name of the Royal Col- be recovered lege of Dental Surgeons of Ontario, in the proper Division College. Court. R. S. O. 1877, c. 144, s. 24. proof to be on 27. On any prosecution or action under this Act, the burden In prosecuof proof that the defendant is entitled to practise the profession tions burden of of dentistry as aforesaid, or to use the title assumed by him, defendant. or that he is a graduate of the Dental College of which he professes to be a graduate (as the case may be), shall be upon the defendant. R. S. O. 1877, c. 144, s. 25. Act, not to 28. No person who contravenes any of the provisions of Persons conthis Act or any amending Act, shall be entitled to sue or recover travening in any Court for any work done, or materials provided by him, recover for in the ordinary and customary work of a Dentist. R. S. O. work done. 1877, c. 144, s. 26; 49 V. c. 30, s. 6. with regis 29. Nothing in this Act shall affect or interfere with the This Act not rights and privileges conferred upon legally qualified medical to interfere practitioners by the Acts relating to the practice of medicine tered medical and surgery in this Province. R. S. O. 1877, c. 144, s. 27. practitioners. CHAPTER 151. An Act respecting Pharmacy. SHORT TITLE, s. 1. ONTARIO COLLEGE OF PHARMACY POWER TO HOLD REAL ESTATE, s. 3. CERTIFICATES OF COMPETENCY, QUALIFICATION FOR APPRENTICESHIP, REGISTRATION OF QUALIFIED PER SONS, ss. 13-22. Short title. Ontario College of Pharmacy (34 V. c. 34 continued. Power to hold real estate, build, etc. Fees. Council of whom com posed. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Pharmacy Act." 47 V. c. 22, s. 1. 2. The Ontario College of Pharmacy, incorporated by the Act passed in the thirty-fourth year of Her Majesty's reign, and chaptered 34, is hereby continued. 47 V. c. 22, s. 2. 3. The Ontario College of Pharmacy shall have power to acquire and hold real estate, not exceeding at any time in annual value $5,000, and may alienate, exchange, mortgage, lease, or otherwise charge or dispose of the said real estate or any part thereof, as occasion may require, and may erect buildings for the purpose of accommodating lecturers on chemistry or pharmacy or for a library, pharmaceutical museum, or specimen room for the use of the members and associates of the College; and all fees payable under this Act shall belong to the College for the purposes of this Act. 47 V. c. 22, s. 3. PHARMACEUTICAL COUNCIL. 4. There shall be a council of the College, to be called the Pharmaceutical Council, which shall consist of thirteen members, who shall be elected as hereinafter provided, and shall hold office for two years, and the council shall, subject to the laws thereof, have sole control of the real and personal property of the College, and have authority to grant certificates of competency to conduct the business of a chemist or druggist and to be registered subject to the provisions of this Act. 47 V. c. 22, s. 4. 5. A member of the council may at any time resign by Resignation of letter directed to the registrar of the College; and in the members, and event of a vacancy occurring, the remaining members of the filled. council shall fill up such vacancy from the members of the College. 47 V. c. 22, s. 5. vacancy how 6. An election of members of the council shall be held Subsequent on the first Wednesday in July in every second year, and the elections. persons qualified to vote at the election, shall be such persons as are members of the said College. 47 V. c. 22, s. 6. 7. The council shall, at their first meeting, elect from among Election of themselves a president and vice-president, and shall appoint president and a registrar and such other officers as the council may consider necessary. 47 V. c. 22, s. 7. officers. CERTIFICATES OF COMPETENCY. 8. The council shall hold at least two sittings in every Sittings of the year, on the first Wednesday in February and first Wednesday Council. in August, for the purpose of granting certificates of compe- For granting tency, at such places as they may by resolution appoint, of certificates. which due notice shall be given for at least one month in the Ontario Gazette, and in at least two newspapers published in the city of Toronto. 47 V. c. 22, s. 8. subjects of 9. The council of the said College shall, subject to the Powers of the supervision and disallowance thereof by the Lieutenant- Council as to Governor in Council, have authority to prescribe the subjects examination, upon which candidates for certificates of competency shall be etc. examined, to establish a scale of fees not to exceed $10, to be paid by persons applying for examination; and to make by-laws, rules and orders for the regulation of their own meetings and proceedings and those of the College; and for the remuneration and appointment of examiners and officers of the College; and for the payment of remuneration or indemnity to the members of the council in attending its sittings, or in attending upon the business of the College, and in respect to any other matters which may be requisite for the carrying out of this Act; provided always, that no more Proviso. than five cents per mile for travelling expenses, or more than $4 per day for such days only as he shall be in actual attendance upon the business of the College, including going to and returning from such sitting, be allowed to any member for such expenses and remuneration. 47 V. c. 22, s. 9. 10. The examinations of the College may be conducted by Who may the members of the council, or by persons appointed by them, examine. 47 V. c. 22, s. 10. Qualification of candidates WHO MAY APPLY FOR CERTIFICATES. 11. Subject to the rules, regulations and by-laws of the or certificates Ontario College of Pharmacy, the following persons and no of competency. others may be admitted as candidates for certificates of competency: Qualification of persons desiring to this Act. (a) Any person who shall furnish to the council of the College satisfactory evidence of having, in pursuance of a binding contract in writing for that purpose, served as an apprentice to a regularly qualified pharmaceutical chemist for a term of not less than three years; (b) In case any person who has apprenticed himself as aforesaid, shall by reason of the death, failure in business, or removal of his employer, or from any other cause satisfactory to the council, be unable to complete his term of appienticeship with such employer, such person shall be at liberty, when and as often as this may happen, to enter into a new contract to complete the remainder of his unfulfilled term with any other regularly qualified pharmaceutical chemist; (c) Nothing in this section shall apply to any person who had, prior to the 25th day of March, 1884,begun his apprenticeship with a regularly qualified pharmaceutical chemist without such binding contract in writing. 47 V. c. 22, s. 11. PRELIMINARY EXAMINATIONS. 12. Every person who may hereafter be desirous of becoming apprenticed as aforesaid, shall, before the term of his serve appren apprenticeship begins to run for the purpose of this Act, furnish ticeship under to the registrar of the College a certificate or other evidence satisfactory to the council, shewing that prior to the commencement of his apprenticeship he had passed an examination entitling him to admission to a High School, College, Collegiate Institute, or to the fourth form of a public school for the Province of Ontario; provided that apprentices who have commenced their apprenticeship out of the Province, shall give satisfactory evidence of having had equal qualification to the aforesaid at the time when their apprenticeship was entered upon. 47 V. c. 22, s. 12. Proviso. Register to be kept of per sons registered or registered. REGISTRATION. 13. It shall be the duty of the registrar to make and keep a correct register, in accordance with the provisions of this Act, as shewn in Schedule B, of all persons who may be entitled entitled to be to be registered under this Act, and to enter opposite the names of all registered persons who have died, a statement of such fact, and from time to time to make the necessary alterations in the addresses of persons registered under this Act, and to cause to be printed and published on or before the fifteenth day |