40. The council may order to be paid out of the funds at Costs their disposal such costs as may to then seem just to any person against whom any complaint has been made which when finally determined is found to have been frivolous and vexatious. C.O., c. 52, s. 40.

Restora ion

41. Where the council direct the erasure from the register of name of the name of any person or of any other entry the name of that person or that entry shall not be again entered on the register except by the direction of the council or by the order of a judge of the Supreme Court. C.O., c. 52, s. 41.

42. If the council think fit in any case they may direct the registrar to restore to the register any name or entry erased therefrom either without fee or on payment of such fee, not exceeding the registration fee, as the council may fix and the registrar shall restore the same accordingly. C.O., c. 52, s. 42.

Committee

43. The council shall for the purpose of exercising in any of inquiry case the powers of erasing from and restoring to the register the name of any person or any entry, ascertain the facts of such case by a committee of their own body not exceeding five in number of whom the quorum shall be three; and a written report of the committee may be acted upon as to the facts therein stated for the purpose of the exercise of the said powers. by the council. C.O., c. 52, s. 43.

44. The council shall from time to time appoint and shall always maintain a committee for the purposes prescribed in the last preceding section and subject to the provisions of this Ordinance may from time to time determine the constitution and the number and tenure of office of the members of such committee. C.O., c. 52, s. 44.

Legal

assistance

Counsel

45. The committee appointed under the preceding section may for the purpose of the execution of their duties under this Ordinance employ at the expense of the council such legal or other assistance as the committee may think necessary or proper and the person whose conduct is the subject of inquiry shall also have the right to be represented by counsel: Provided that all meetings of any such committee when inquiry held for taking evidence or otherwise ascertaining the facts shall be held within the judicial district or subjudicial district where the member complained of resides or the alleged offence was committed unless he shall consent to have the inquiry held elsewhere. C.O., c. 52, s. 45.

Place of

Notice of

46. At least two weeks before the first meeting of the com- inquiry mittee to be held for taking the evidence or otherwise ascertaining the facts a notice shall be served upon the person

Testimony

of witnesses

Subpoena

Rules of evidence

Nonattendance of accused

Appeal to judge

Procedure

whose conduct is the subject of inquiry; and such notice shall embody a copy of the charges made against him or a statement of the subject matter of the inquiry and shall also specify the time and place of such meeting. The testimony of witnesses shall be taken under oath which the chairman or acting chairman of the committee is hereby authorized to administer and there shall be full right to cross-examine all witnesses called and to adduce evidence in defence and reply. C.O., c. 52, s. 46.

47. For the purpose of procuring the attendance and evidence of a witness before the committee a judge of the Supreme Court may on application of any party to the inquiry order the issue by a clerk of the Supreme Court or a deputy clerk of a writ of subpoena ad testificandum or a writ of subpœna duces tecum. The rules of evidence on such inquiry and the proceedings and penalties in the case of disobedience to any such writ shall be the same as obtain in civil cases in the said court. C.O., c. 52, s. 47.

48. In the event of the non-attendance of the person whose conduct is the subject of such inquiry the committee inay upon proof of personal service of the notice aforesaid in accordance with the provisions of this Ordinance, which proof of service may be by statutory declaration, proceed with the subject matter of the inquiry in his absence and make their report of the facts without further notice to such person. C.O., c. 52, s. 48.

49. Any person whose name has been ordered to be erased from the register may appeal from the decision of the council to a judge of the Supreme Court at any time within six months from the date of the order for such erasure; and such judge may upon the hearing of such appeal make such order as to the restoration of the name so erased or confirming such erasure or for further inquiries by the committee or council into the facts of the case and as to costs as shall be just. C.O., c. 52, s. 49.

50. The appeal may be by summons for the council of the said college to show cause, served upon the registrar, and shall be founded upon a copy of the proceedings before the committee, the evidence taken, the committee's report and the order of the council in the matter certified by the registrar: and the registrar shall upon the request of any person desiring to appeal furnish to any such person a certified copy of all proceedings, reports, orders and papers upon which the committee or council have acted in making the report or order complained of. C.O., c. 52, s. 50.

RIGHTS OF REGISTERED PRACTITIONERS.

persons

51. Every person registered under the provisions of this Rights of Ordinance shall be entitled to practise medicine and surgery registered including midwifery, or any one of them, in the Territories and to demand and recover in any court in the said Territories, with full costs of suit, reasonable charges for professional aid, advice and visits and the cost of any medicine or surgical appliances rendered or supplied by him to his patients. C.O., c. 52, s. 51.

of action

52. No duly registered member of the College of Physi- Limitation cians and Surgeons of the North-West Territories shall be liable to any action for negligence or malpractice by reason of professional services requested or rendered unless such action be commenced within one year from the date when, in the matter complained of, such professional service terminated. C.O., c. 52, s. 52.

person cannot recover

charges

53. No person shall be entitled to recover any charge in Unregistered any court of law for any medical or surgical advice or for attendance or for the performance of any operation or for any medicine which he may have prescribed unless he is registered under this Ordinance. C.O., c. 52, s. 53.

ersons not to

54. No person shall be appointed as medical officer, physi- Unregistered cian or surgeon in any branch of the public service of the Ber be appointed Territories or in any hospital or other charitable institution to office not supported wholly by voluntary contributions unless he is registered under the provisions of this Ordinance. C.O., C. 52, s. 54.

to be by

55. No certificate required by any Ordinance in force or Certificates that may hereafter be passed, from any physician or surgeon registered or medical practitioner shall be valid unless the person sign- persons ing the same is registered under this Ordinance. C.O., c. 52, s. 55.

INTERPRETATION.

56. The words "legally qualified medical practitioner" or Interpretation "duly qualified medical practitioner" or any other words. implying legal recognition of any person as a medical practitioner or member of the medical profession when used in any ordinance or law shall in so far as such ordinance or law applies to the Territories be construed to mean a person registered under this Ordinance. C.O., c. 52, s. 56.

PUBLICATION OF MEDICAL REGISTER.

57. The registrar shall from time to time and at least Register of annually under direction of the council cause to be printed

practitioners

effect of

Publication and and published a correct register of the names in alphabetical order according to the surnames with the respective residences in form B in the schedule to this Ordinance or to the like effect together with the medical titles, diplomas and qualifications conferred by any college or body, of all persons appearing on the register as existing on the day of publication and such register shall be called the North-West Territories Medical Register and a copy of the register for the time being purporting to be so printed and published as aforesaid shall be prima facie evidence in all Territorial courts and before all justices of the peace and all others that the persons therein specified are registered according to the provisions of this Ordinance; and subject to the provisions of subsection 2 of this section the absence of the name of any person from such copy shall be prima facie evidence that such person is not registered according to the provisions of this Ordinance.

Evidence of registration

Practitioners omitting to register

Unregistered

persons practising for reward

(2) In the case of any person whose name does not appear in such copy a certified copy, under the hand of the registrar, of the entry of the name of such person on the register shall be evidence that such person is registered under this OrdiC.O., c. 52, s. 57.

nance.

EVIDENCE OF REGISTRATION.

58. In all cases where proof of registration under this Ordinance is required to be made the production of a printed or other copy of the register or of any extract therefrom certified by the registrar shall be sufficient evidence of registration in lieu of the production of the original register; and any certificate purporting to be signed by any person in his capacity of registrar of the council under this Ordinance shall be prima facie evidence that such person is such registrar without any proof of his signature or of his being in fact such registrar. C.O., c. 52, s. 58.

59. Any person entitled to be registered under this Ordinance but who neglects or omits to be so registered shall not be entitled to any of the rights or privileges conferred by registration so long as such neglect or omission continues and he shall be liable to all the penalties imposed by this Ordinance or any other Ordinance in force against unqualified or unregistered practitioners. C.O., c. 52. s. 59.

60. No unregistered person shall practise medicine or surgery for hire or hope of reward; and if any person not registered pursuant to this Ordinance for hire, gain or hope of reward practises or professes to practise medicine or surgery he shall be guilty of an offence and upon summary conviction thereof be liable to a penalty not exceeding $100. C.O., c. 52, s. 60.

to be a

61. Any person who wilfully or falsely pretends to be a Pretending physician, doctor of medicine, surgeon or general practi- physician, etc. tioner or assumes any title, addition or description other than he actually possesses and is legally entitled to under this Ordinance shall be liable on conviction thereof before a justice of the peace to a penalty not exceeding $50 nor less than $10. C.O., c. 52, s. 61.

false title

62. Any person not registered pursuant to this Ordinance Assuming who takes or uses any name, title, addition or description implying or calculated to lead people to infer that he is registered under this Ordinance or that he is recognized by law as a physician, surgeon, or a licentiate in medicine or surgery shall be liable upon summary conviction to pay any penalty not exceeding $100 nor less than $25. C.O., c. 52, s. 62.

63. Any prosecutions under this Ordinance may be brought Prosecutions or heard before a justice of the peace. In case the penalty and Penalty cost awarded are not upon conviction forthwith paid the justice may commit the offender to the common gaol there to be imprisoned for any term not exceeding one month unless the penalty and costs are sooner paid. C.O., c. 52, s. 63.

64. In any prosecution under this Ordinance the burden of Onus of proot proof of registration shall be upon the person charged. C.O., c. 52, s. 64.

prosecutions

65. Every prosecution under this Ordinance shall be com- Limitation of menced within six months from the date of the alleged offence. C.O., c. 52, s. 65.

stay

66. The council by an order signed by the president hav- Council may ing the seal of the council appended thereto may stay pro proceedings ceedings in any prosecutions under this Ordinance where it is deemed expedient. C.O., c. 52, s. 66.

of fines

67. All fines and penalties imposed under any of the pro- Application visions of this Ordinance and all moneys to be received or levied thereunder shall after the receipt thereof by the person authorized to receive the same be forthwith paid by such person to the treasurer for the uses of the college. C.O., c. 52, s. 67.

RETURNS.

may be

68. The registrar whenever required by the Lieutenant General return Governor shall transmit to the Territorial Secretary a return called for certified under oath setting forth all such information and particulars relating to the college as may from time to time be required. C.O., c. 52, s. 68.