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C.C.S.M. c. N80
THE NATUROPATHIC ACT
Table of Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of
Manitoba, enacts as follows:
1 In this Act,
"association" means The Manitoba Naturopathic Association; («
"board" means The Board of Naturopaths for which provision is made herein;
(« conseil »)
"naturopathy" means a drugless system of therapy that treats human injuries,
ailments, or diseases, by natural methods, including any one or more of the physical,
mechanical, or material, forces or agencies of nature, and employs as auxiliaries
for such purposes the use of electro-therapy, hydro-therapy, body manipulations,
or dietetics; (« naturopathie »)
"registered naturopath" means a person who is registered as a member
of the association. (« naturopathe inscrit »)
Continuation of association
2 The Manitoba Naturopathic Association is continued as a body corporate with
the objects, powers, and duties set forth herein.
Membership in association
3 The association shall be composed of
(a) all persons who are members thereof on the coming into force of this Act;
(b) all other persons who, after the coming into force of this Act, are registered
as members of the association under this Act.
4(1) The head office of the association shall be at The City of Winnipeg in Manitoba
or at such other place in Manitoba as may be determined by the by-laws of the
Powers respecting property
4(2) The association may purchase or otherwise acquire, hold, and alienate property,
movable or immovable, real or personal, and may do and perform all such acts and
things as bodies corporate generally can do and perform, and has the general capacity
which the common law ordinarily attaches to corporations incorporated by royal
charter under the great seal.
Appointment of board
5(1) There shall be a board elected or appointed as provided in the regulations,
which shall consist of five persons, and which shall be known as: "The Board
Term of office
5(2) The members of the board shall hold office until their successors are appointed
or elected under this Act and the regulations.
5(3) The presence of at least three members of the board is necessary at any meeting
of the board to constitute a quorum.
Board's powers to make regulations
6(1) The board may, subject to all other provisions of this Act, make regulations
(a) for the regulation of naturopaths as members of the association and as to
the terms and conditions upon which the members shall be entitled to practise
naturopathy in Manitoba;
(b) prescribing the qualifications as to education, character, and experience
that a naturopath must have before he may be so registered;
(c) for maintaining a register of persons so entitled to practise; and providing
for the fees payable by a naturopath,
(i) on being so registered; and
(ii) for the annual renewal of his registration;
(d) prescribing the discipline and control of registered naturopaths, including
the prohibition or control of advertising by or on behalf of any registered naturopath;
(e) for the investigation of any complaint of unprofessional conduct, incompetency,
or want of skill, on the part of any registered naturopath;
(f) for the cancellation or suspension of the registration of any registered naturopath
found by the board to be guilty of such unprofessional conduct, incompetency or
lack of skill as to render it desirable in the public interest that his registration
should be cancelled or suspended;
(g) for the reinstatement of any naturopath whose registration has been cancelled
(h) fixing the maximum fees or charges that a naturopath may receive or make for
professional services rendered by him;
(i) respecting the calling of meetings of the board as well as of the association,
the procedure to be followed at meetings, and the right to vote thereat;
(j) concerning the election or appointment, and the term of office, of the members
of the board, and the creation of offices, and the duties to be performed by persons
holding those offices;
(k) as to the application of funds of the association; and
(l) generally for the better carrying out of this Act.
Regulations to be published in Gazette
6(2) Regulations made by the board do not come into force until they have been
published in one issue of The Manitoba Gazette.
Amendments and revocations
6(3) The board may at any time amend or revoke any regulation; but no such amendment
or revocation has effect until it is published in one issue of The Manitoba Gazette.
Act may be pleaded in bar
7 No action shall be brought against the board or against any member of the board
for anything done in good faith under this Act and within the powers of the board,
notwithstanding any want of form in the proceedings.
Right of appeal
8(1) Any person whose application for registration has been refused, or whose
registration has been cancelled or suspended, may, at any time within one month
from the date of the decision or order of the board, appeal from the decision
or order of the board to a judge of the Court of Queen's Bench.
Proceedings on appeal
8(2) Ten days' notice of every appeal shall be served on the secretary of the
board and a copy thereof filed with the Registrar of the court.
Disposal of appeal
8(3) The judge shall deal with the appeal in a summary manner, and his decision
is final; and the costs of the appeal are in the discretion of the judge.
Conduct of examinations
9(1) The board shall make rules concerning the examinations and the conduct thereof,
including the age, moral character, and academic standing, of applicants for examination
and also as to examination fees.
9(2) There shall be an examining committee appointed by the board for the purpose
of examining the qualifications of every person who applies to be registered as
a member of the association.
Members of examining committee
9(3) The examining committee shall be composed of three members of the association,
each of whom shall hold office for such term as the board shall fix.
Filling of vacancies
9(4) Where a member of the examining committee resigns, or is unable or unwilling
to act, or dies, the board shall appoint another member to act in his place for
the residue of the term for which he was appointed.
Qualifications of applicant
10 Subject to section 3, the persons entitled to apply for registration as members
of the association are only those who
(a) file with the examining committee a certificate or other evidence satisfactory
to the examining committee, showing that they have passed at least junior matriculation
examinations or an examination equivalent thereto;
(b) have attended a school or college of naturopathy that is approved by the board,
for at least four academic years and graduated therefrom;
(c) pass an examination, prepared or approved by the examining committee, on each
of the following subjects: anatomy, physiology, chemistry, pathology, histology,
neurology, gynaecology, sanitation and hygiene, general diagnosis including symptomatology,
and the principles and practice of the methods of naturopathy; and
(d) comply with those provisions of the regulations that concern admission and
Examining committee to report
11(1) In a written report to the board the examining committee shall indicate
the results of its investigation and examination of every person who applies for
registration as a member of the association.
Board to issue licences
11(2) Where the board is satisfied that an applicant is duly qualified to practise
naturopathy and that he is a person of integrity and good moral character, it
shall, subject to this Act and the regulations, grant him a certificate of registration
which entitles him to all the rights and privileges conferred by this Act.
Prohibition of unregistered persons using title of naturopath and practising naturopathy
12(1) No person other than a registered naturopath shall engage in the practice
of naturopathy, or use the title "Naturopath" or any word, title or
designation abbreviated or otherwise, to imply that he is engaged in the practice
Practice by unregistered person an offence
12(2) Every person who practises naturopathy, either alone or in conjunction with
any other method of treatment of the human body for disease and the causes of
disease, for hire, gain, reward, or remuneration, or the hope or expectation thereof,
unless he is a registered naturopath, is guilty of an offence.
Falsely pretending to be naturopath
12(3) Every person who is not a registered naturopath and who practises, or holds
himself out as practising naturopathy, either alone or in conjunction with any
other method of treatment of the body for disease and the causes of disease, or
advertises, or uses any prefix or suffix to his name signifying, that he is qualified
to practise naturopathy, either alone or in conjunction with any other method
of treatment of the human body for disease and the causes of disease, is guilty
of an offence.
Limitation of use of title "Doctor"
12(4) No registered naturopath shall, in conjunction with his name, and to designate
his profession or calling, display, or make use of, the prefix or title "Doctor"
or the abbreviation "Dr.", or any other words or letters commonly used
to designate a legally qualified medical practitioner, or that suggest that he
is a graduate or licentiate in medicine or surgery of any university or other
diploma-granting body, unless at the same time he displays, or makes use of, the
word "Naturopathy", or the word "Naturopath", immediately
preceding or following his name.
Offence for fraudulent registry
13 It is an offence for any person wilfully to procure, or attempt to procure,
himself to be registered under this Act by making any false or fraudulent representation
or declaration, either orally or in writing; and every person knowingly aiding
or assisting him therein is guilty of an offence.
One act constitutes offence
14 In any prosecution under this Act, it is sufficient proof of an offence under
this Act if it is proved that the accused has done or committed a single act of
unlicensed practice, or has committed on one occasion any act prohibited by this
Limitation of time for prosecutions
15 No prosecution under this Act shall be commenced after two years from the date
of the alleged offence.
16 Every person who commits an offence against a provision of this Act for which
no other penalty is provided, is liable, on summary conviction,
(a) for a first offence, to a fine not exceeding $100.;
(b) for a second offence, to a fine not exceeding $250.; and
(c) for a third or subsequent offence, to imprisonment for a term not exceeding
three months without the option of a fine.
S.M. 1998, c. 32, s. 7.
Penalties to be paid to association
17 All penalties recoverable under this Act shall be paid to the convicting magistrate
and by him be paid to the association, and shall form part of the funds thereof.
Power to collect fees for services
18 Every registered naturopath is entitled to demand from any person by whom he
is consulted or employed, and to recover as a debt in any court of competent jurisdiction,
the proper charges for the consultation and employment, or either of them.
Exemption from jury service
19 Every registered naturopath is, if he so desires, exempt from serving on all
juries and inquests whatsoever.
Limitation of actions for malpractice
20 No registered naturopath is liable in any action for negligence or malpractice
by reason of professional services requested and rendered, unless the action is
commenced within two years from the date when, in the matter complained of, those
professional services terminated.
Persons exempted from application of Act
21 Nothing in this Act applies to or affects,
(a) the practice of any profession or calling by any person practising it under
authority of a general or special Act of the Legislature;
(b) any nurse acting in the absence of, or under the prescription or direction
of, a legally qualified medical practitioner;
(c) the furnishing of first aid or temporary assistance in cases of emergency;
(d) persons treating human ailments by prayer or spiritual means as an enjoyment
or exercise of religious freedom.
Notice of contagious disease
22 Any naturopath who has reason to believe that any person whom he may be treating
has any contagious or infectious disease, or any other disease dangerous to public
health, shall immediately give notice in writing to the officer of health of the
municipality in which that person resides.
Medical Act not to apply
23 Nothing in The Medical Act prohibits a registered naturopath from practising
naturopathy for hire, gain, or hope of reward.
Certain practices prohibited
24 Nothing in this Act or the regulations authorizes any person to prescribe or
administer drugs for use internally or externally, or to use or direct or prescribe
the use of anaesthetic for any purpose whatsoever, or to practise surgery or midwifery.
Confidentiality of information
25(1) Every person employed, appointed or retained for the purpose of administering
this Act, and every member of the board or a committee of the board, shall preserve
secrecy about all information that comes to his or her knowledge in the course
of his or her duties, and shall not communicate any information to any other person,
(a) to the extent the information is available to the public under this Act;
(b) in connection with the administration of this Act, including, but not limited
to, the registration of members, complaints about members, allegations of members'
incapacity, unfitness, incompetence or acts of professional misconduct, or the
governing of the profession;
(c) to a body that governs the practice of a health profession pursuant to an
Act of the Legislature, to the extent the information is required for that body
to carry out its mandate under the Act; or
(d) to a body that governs the practice of naturopathy in a jurisdiction other
25(2) A person who contravenes subsection (1) is guilty of an offence and is liable,
on summary conviction, to a fine of not more than $50,000.
S.M. 1998, c. 32, s. 7.
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