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BILL NO. 57

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                      An Act to Continue
              The Medical Society of Nova Scotia




                          CHAPTER 12
                       ACTS OF 1995-96




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


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           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.


         14 Chapter 69 is repealed.