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BILL NO. 57

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                      An Act to Continue
              The Medical Society of Nova Scotia










                 
                                                               
                                                               
         The Honourable Ronald D. Stewart, O.C., M.D.
                      Minister of Health


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
An Act to Continue
The Medical Society of Nova Scotia



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Medical Society Act.


         2    In this Act, "Society" means The Medical Society of Nova Scotia.


         3    The Medical Society of Nova Scotia constituted by Chapter 69 of the Acts of 1861,
An Act to incorporate the Medical Society of Nova Scotia, is hereby continued as a body
corporate.


         4    The Society has perpetual succession and a common seal, with power to acquire,
hold, lease, mortgage and otherwise dispose of real and personal property, and may sue or be
sued.


         5    The objects of the Society are

              (a)  the promotion of health and the prevention of disease;

              (b)  the improvement of medical service, however rendered;

              (c)  the maintenance of the integrity and honour of the medical profession;

              (d)  the performance of such other lawful things as are incidental or conducive
         to the welfare of the public and the medical and allied professions;

              (e)  the promotion of harmony and unity of purpose between the medical
         profession and the various bodies assuming responsibility for the care of the sick or
         injured persons; and

              (f)  to represent, act on behalf of and to enter into agreements for and on behalf
         of its members.


         6    In addition to any other power conferred by this or any other Act, the Society may
do such things as it considers appropriate to advance the objects of the Society and, without
limiting the generality of the foregoing,

              (a)  purchase, take in, lease, exchange, hire, construct and otherwise acquire and
         hold, sell, mortgage, hypothecate, lease out or otherwise deal with any real or personal
         property;

              (b)  draw, make, accept, endorse, discount, execute and issue promissory notes,
         bills of exchange, warrants and other negotiable and transferable instruments;

              (c)  engage such agents and employees as the Society may, from time to time,
         deem expedient;

              (d)  expend the monies of the Society in the advancement of its objects and the
         interests of the medical profession in such manner as the Society may deem expedient;

              (e)  establish and maintain such offices and agencies as the Society may deem
         expedient;

              (f)  invest and deal with any monies and funds of the Society that are not
         immediately required, in such a manner as the Society may deem expedient;

              (g)  improve, manage, develop, exchange, dispose of, turn to account or otherwise
         deal with the real or personal property of the Society;

              (h)  borrow money for the use of the Society on its credit, limit or increase the
         amount to be borrowed, issue bonds, debentures, debenture stock and other securities on
         the credit of the Society and pledge or sell such securities for such sums or at such prices
         as the Society may deem expedient;

              (i)  fix and collect fees payable to it by its members;

              (j)  publish or promote the publications of journals, newsletters, reports,
         brochures or other papers relative to its interests;

              (k)  act as agent within the Province for the Canadian Medical Association or
         other associations representing medical practitioners, and collect and remit fees levied
         by such an association;

              (l)  receive gifts and bequests from any person and may make gifts to promote its
         interests;

              (m)  act on behalf of any and all of its members;

              (n)  do such things as are incidental or necessary to exercise the foregoing
         powers.


         7    (1)  The Society may enter into agreements with Her Majesty in right of the
Province that bind its members and for that purpose is constituted the sole bargaining agent for
any and all duly qualified medical practitioners and, without limiting the generality of the
foregoing, the Society may enter agreements with respect to

                   (a)  the tariff of fees, other systems of payment and the management of the
              delivery of medical services;

                   (b)  the availability, supply and distribution of medical practitioners in the
              Province or any part thereof;

                   (c)  remuneration for non-clinical management services provided by
              physicians;

                   (d)  physician resource-management issues including, but not limited to,
              billing number issuance, restriction and revocation and other physician resource-management issues;

                   (e)  provincial standards for measuring and providing quality care
              including evaluation and performance measures;

                   (f)  management mechanisms including, but not limited to, the development
              of integrated information systems, peer review, clinical practice guidelines and
              evaluation;

                   (g)  any other matter that may be agreed between the Society and the
              Minister of Health or the Minister's agents.

              (2)  For greater certainty,

                   (a)  nothing in this Section requires Her Majesty in right of the Province
              to enter into any agreement with the Society; and

                   (b)  this Section does not apply with respect to duly qualified medical
              practitioners who are employed by the Department of Health, including medical
              officers of health, medical consultants and advisers to the Department.


         8    (1)  A person, who is a medical practitioner as defined by the Medical Act, is
entitled to be a member of the Society and to have full voting rights therein upon payment of the
prescribed fees.

              (2)  Subject to the by-laws, the Society may admit persons to different classes of
membership in the Society.


         9    The Agreement of May 29, 1992, and the Agreement of March 13, 1995, between
the Society and Her Majesty in right of the Province are ratified, confirmed and deemed to have
been executed under the authority granted pursuant to this Act.


         10   (1)  There shall be a Board of Directors to be elected from Society members who
shall, subject to this Act, govern, control and administer the affairs of the Society.

              (2)  The persons who at the coming into effect of this Act are the officers and
directors of the Society shall continue to hold office until new officers and directors are elected
under this Act.


         11   There shall be an annual general meeting of the Society at such time and place as
the Board of Directors may determine.


         12   (1)  The Society may make by-laws consistent with this Act that are necessary or
desirable for the attainment of its objects or for the proper implementation of its powers.

              (2)  A by-law or an amendment or revocation of a by-law may be made by the
Society where

                   (a)  notice of the by-law, amendment or revocation is given in writing to
              every member eligible to vote at least one month prior to the vote; and

                   (b)  the procedures prescribed in by-laws are complied with.


         13   No action for damages lies against the Society, an officer or employee of the Society,
or a member of the Board of Directors or a committee appointed by the Board for

              (a)  any act or proceedings taken or entered into in good faith under this Act; or

              (b)  any order made or enforced in good faith under this Act.