General regulations :
Canadian Society for Traditional Osteopathy
CHAPTER 1: General points.
Article 1. Name.
The Society is known under the name “The Canadian Society for Traditional Osteopathy”.
Article 2. Objectives.
The Society notably has for objectives:
- To defend, promote, enhance and develop the practice and recognition of osteopathy in Canada.
- To impose an ethical practice of osteopathy in the interest of the public.
- To create a structure representative of the interest of osteopaths.
Article 3. Registered office.
The registered office of the Canadian Society is located in the judicial district of Montreal or in any other location determine by its board of directors.
Article 4. Specific definitions.
Osteopathy : Osteopathy is an anatomical and physiological science rigorously based on the concepts and principles developed by doctors Still and Sutherland. Without limiting the generality of what precedes, osteopathy is a palpation science that aims to cure physical, physiological and homeostatic disequilibrium that limits the free flow of vascular, lymphatic and interstitial fluids.
Osteopath : Refers to anyone who has a D.O.
Article 5. Interpretation.
For the general definition of terms, the Society confines to the Loi d’interprétation du Québec. In the text, masculine gender includes feminine and is used without discrimination in order to simplify the text.
Article 6. Grades.
The Society has four (4) grades of members :
- Active member.
- Student member.
- Honorary member.
- Inactive member.
Article 7. Active member.
Active member designates any practicing osteopath who conforms to the conditions of admission of the Society and who is not provisionally or permanently struck off by a recommendation of the disciplinary board ratified by a resolution of the board of directors.
Article 8. Student member.
Student member designates anyone pursuing studies in osteopathy in a teaching institution duly recognized by the Society and who conforms to the conditions of admission of the Society.
Article 9. Honorary member.
Honorary member designates anyone who, without necessarily being an osteopath, has showed in practice his support to the mission and the objectives of the Canadian Society. This member is nominate and struck off the Register by discretionary resolution of the board of directors. If need arises, he retains his rights and privileges as an active, student or inactive member.
Article 10. Inactive member.
Inactive member designate any active member of the Canadian Society who takes a prolonged leave of absence from the practice of osteopathy and this, for a maximum period of two (2) years. It is understood that all temporary or permanent striking off will not be considered as a leave. During this period, the member, although not loosing any benefit from his training, can not take advantage of the privileges and services that benefit active member. After the two (2) years delay, the member will be struck off except for exceptional circumstances. The decision whether or not to reintegrate the member will come under the authority of the board of directors.
Article 11. Admission.
To be and remain member of the Society, the following condition must be met :
a) be a person mentioned in article 6;
b) forward an application for membership written in due form to the registered office of the Canadian Society;
c) conform to the regulations of the Canadian Society;
d) conform to the admission standards set by the board;
e) if need arises, settle the payable subscription according to the grade of the member and according to the rate fixed by the Society;
f) not be the subject of a provisional or permanent striking off by a recommendation of the disciplinary board ratified by a resolution of the board of directors.
Any candidate holding a diploma from a teaching institution not recognized by the Society could be recommended a list of courses to take in a teaching institution duly recognized by the Society to complete his training.
Article 12.Disciplinary / administrative striking off.
Any member who omits or refuses to conform to the general regulations or to the Code of Ethics can be temporarily or permanently struck off by resolution of the board of directors confirming the decision of the disciplinary board. The decision of the board in the matter is final and without appeal.
The following situations can lead to an automatic administrative striking off :
a) Resignation: any member can resign by sending a notice of resignation to the secretary’s office of the Canadian Society and the resignation takes effect immediately;
b) The non-renewal of an admission within the time limit allowed by the board;
c) The non-payment of the subscription payable within the agreed time limit;
d) The exceeding of the time limit allowed for the status of inactive member;
e) In case of administrative striking off, the osteopath can become a member again upon request. However, the board has the right, upon evaluation of the case, to impose certain conditions for readmission.
Article 13. Code of ethics.
The board, by resolution, establishes a Code of ethics to which members of the Canadian Society is obliged to conform. Violation of one the article of this Code and/or of its adjoining regulation constitutes an act liable to penalties.
CHAPTER 4 : Annual subscription.
Article 14. Annual subscription.
The board sets by resolution the annual subscription for each member’s grade that must be paid to the Society. Subsequently, the resolution is submitted to the members during the regular reunion of the general meeting for approbation.
Subscription is non-refundable and must be paid in cash, certified cheque or money order.
The subscription is payable on or before the 30th of September of each year and covers the period starting the 30th of September to the 29th of September of the following year. Thirty (30) days after this date, the member who has not renewed his subscription will be stricken off and will no longer benefit the advantages of the Society.
Once stricken off, the candidate who wishes to renew his membership will have to pay the readmission fees set by the board plus complete subscription fees for the current year.
The board of directors can, by resolution, set special methods of payment.
CHAPTER 5 : General meeting.
Article 15. Formation.
The general meeting is form of active members and students members of the Canadian Society. Members from other grades are admitted with no voting rights but with the right to speak.
Article 16. Jurisdictions of the general meeting.
The general meeting :
a) Proceeds to the election of the members of the board of directors;
b) Receives the report from the president of the Society;
c) Decides on any question allotted to him by the present status;
d) Ratifies all modifications decided by the board to the present regulations;
e) Receives the financial statements and the report of the auditor;
f) If need arises, appoints an account auditor;
g) Advises the administrators of the Society on its policies orientations.
Article 17. Regular meeting.
Every year, the Society calls a regular general meeting of its members. The board of directors decides of the place, the content and the date of the meeting. However, the meeting has to be held within 120 days following the end of the fiscal year of the Society.
Article 18. Special meeting.
At any time, the chairmanship or the board can call a special general meeting of the members at a time and date determined by the former.
However, a special general meeting of the members must be convened by the board of directors and be held within twenty-one (21) working days following a meeting request made in writing by at least ten per cent (10%) of active and student members and addressed to the secretarial offices of the Society. Such a request must include the subjects on the agenda and only those subjects can be discussed.
Article 19. Notification.
All regular or special meeting must be convened in writing at least ten (10) working days before the aforementioned meeting. The notification must be forwarded to each member and must include the agenda of the meeting.
The accidental omission to forward the notification of a meeting to one or more member, or the non-receiving of a notification by anyone, does not nullify the resolutions adopted at this meeting.
Article 20. Quorum.
Quorum is formed by the people present.
Article 21. Voting rights.
Active members and student members have the right to one vote each. Votes are taken by a show of hands unless three (3) voting members or the president of the meeting call for a vote by secret ballot or if it is expressly required by the present status.
In the case of a vote by secret ballot, the president of the meeting appoints two tellers among the present persons with no right to vote. All votes remain under the presidency of the meeting. Proxy vote is not allowed.
Except when mentioned otherwise by law, all questions submitted to the meeting are decided on by simple majority of votes validly given.
Article 22. Casting vote.
In the case of equality of votes, the presidency of the Society does not have a casting vote.
Article 23. Presidency and secretariat of meetings and elections
The presidency and secretariat of meetings and election are held by people recommended by the board and ratified by the general meeting.
Article 24. Meeting procedure.
The presidency of the meeting is responsible for the course of the meeting. For this matter it is in charge of the procedure.
CHAPITRE 6 : Board of directors.
Article 25. Formation.
The board of directors is formed of a minimum of three (3) and a maximum of seven (7) members with a majority of active and/or student members.
Article 26. Jurisdiction.
The board has the power and the duty to administer the affairs of the Society on all matters, conditionally to the respect of the law, the charter and the regulations of the Society.
Article 27. Officers.
The officers are the president, the secretary and the treasurer. Their roles and functions are determined by the board.
Article 28. Eligibility.
Only the members of the Society are eligible for an appointment on the board of directors. All members of the board are re-eligible provided that they stay member of the Society.
Article 29. Election procedure.
At least twenty-one (21) days before the annual general meeting, any member can send is formal candidacy for election to the secretariat of the Society (cf. appendix 2).
If there are a greater number of candidates then available positions, the general meeting elects the new administrators by secret ballot. The positions are filled following the greater number of votes obtained. All ballot paper with more marks in the appropriate boxes than there are positions to be filled will be rejected.
Article 30. Term of mandate.
The mandate has a two (2) year term and the board is renewable alternately every year.
A mandate starts at the end of a regular reunion of the general meeting during which the election takes place.
Article 31. Vacant positions.
Any vacancy on the board can be filled by a board resolution for the time period left to the mandate of the replaced person.
The board can meanwhile continue to fulfil its functions as long as there is quorum at each reunion.
Article 32. Resignation.
Any member of the board of directors can resign by sending a written notice for that matter to the secretariat of the Society.
Article 33. Dismissal.
Is automatically dismissed from the board and cease to hold his duties, any administrator who :
a) loses his status as a member of the Society;
b) resigns from the board;
c) no longer fills the conditions listed in article 11 (on admission);
d)is dismissed for having contravene to the present general regulations by a vote of two third (2/3) of the members present to a special general meeting convene for the matter;
e) finds himself in personal bankruptcy;
f) is temporarily or permanently struck off by the disciplinary board after being found guilty of derogation to the code of ethics.
Article 34. Remuneration.
Members of the board of directors can not in any case receive remuneration from the Society for work done as a member of the board.
Article 35. Frequency.
The administrators meet as often as necessary, but at least twice (2) a year.
Article 36. Convening.
Reunions of the board of directors are convened by the secretary or the president, either by instruction of the president or by demand of at least two (2) administrators.
Article 37. Notice of convening.
The notice of convening to a reunion of the board of directors is given in writing, by telephone or by e-mail. The time limit for convening is at least one (1) week.
Article 38. Quorum and vote.
Quorum for holding reunions of the board of directors is of three (3) administrators. Questions are decides upon by majority of votes, the president not having casting vote. In the case of equality of votes, status quo prevails.
Article 39. President and secretary of meetings.
The meetings of the board of directors are presided over by the president and the secretary acts as meeting secretary. If the latter and/or the former are absent, administrators choose among themselves a president and/or a secretary.
Article 40. Procedure.
The president sees that the reunion go smoothly and generally leads all procedures.
Article 41. Out of meeting decision.
Members of the board can meet without convening as long as they all relinquish the notice of convening. A resolution signed by all administrators has the same validity as a resolution took in a regular meeting. This resolution constitutes the minutes.
Article 42. Other participation.
Administrators can, if they all agree, participate to a meeting of the board of directors by means allowing all participants to communicate orally, notably by telephone. In such a case, they are all considered as having attended to a meeting.
Article 43. First meeting.
Administrators have to attend a special meeting annually, immediately after the annual general meeting, to delegate their tasks to new officers of the Society whose mandate start following their election.
Article 44. Conflict of interests.
Administrators of the Society must act within the limits of the powers bestowed on them with care, caution, diligence and competence as would do in the same circumstances a reasonable person, with honesty, loyalty and in the interest of the Society. To avoid deposition, they must declare in the minutes their direct or indirect interest distinct from that of the Society in a contract or a matter planned by the Society. The administrator that has such an interest can not participate to discussion or decision on the contract or the matter concerned and must physically retire from the deliberation room for as long as the discussion is not over and that a decision has been made. The non-observance of this article by an administrator does not nullify the decision taken but makes this administrator indebted to the Society, its members or creditors for these benefits and can lead to his destitution as an administrator.
Article 45. Indemnification.
Each administrator of the Society has assumed and is assuming the function of administrator, including the one of officer, under the express condition and in consideration of the actual commitment of the Society to exempt him from all responsibilities and to indemnify him, his heirs and beneficiaries, of all complaints, lawsuits, fees and charges related to any action or oversight on his part in the practice of his functions, except for fraud made directly by the administrator or following his own negligence or his voluntary omission. The Society commits itself to defend the administrator in the aforementioned eventualities. The Society must use the funds of the Society in such matters and must have an appropriate insurance.
Article 46. Committees.
Their is one permanent committee within the Society: the disciplinary committee.
Article 47. Ad hoc committees.
The board of directors can create special committees and see to the nomination of their members and this, following the needs of the Society for the determined time limit and goals. These committees deal with the purposes for which they are created and come under the authority of the board to which they must report. Ad hoc committees are dissolved at the end of their mandate.
Article 48. Eligibility.
Only members of the Society are eligible to a nomination to ad hoc committees.
CHAPTER 8 : Disciplinary committee.
Article 49. Formation.
The disciplinary committee is formed of at least three (3) members of the Society appointed by the board to hear and judge any complaint against a member of the Society.
The president must be a lawyer and is appointed by the board. At least two (2) other persons amongst the member of the Society must be appointed by the board. The board sets the duration of their mandate.
To temporarily replace a member of the committee, other than the president, who would be unable to fulfil his duties or in conflict of interests in a specific cause, the board can appoint a certain number of members of the Society to sit on the committee. This appointment can not be refused without valid reason.
Article 50. Power and duties.
Any complaint made against a member of the Society for breach of the present regulations or of the code of ethics of the Society is referred to the disciplinary committee. At this regard, the disciplinary committee can adopt any rule that aim to assure the internal treatment of complaints.
Furthermore, the disciplinary committee can put a ban on the publication and/or the disclosure of any information leading to the identification of a person that has lodged a complaint against a member of the Society to the disciplinary committee.
The disciplinary committee must give an annual report of its activities to the board. This report must indicate notably the number and the nature of the complaints received, the number of rejected complaints, the number and the nature of the pronounced sentences and the origin of the complaints.
Article 51. Discharge.
A majority vote of the members of the board is required to discharge the members of the disciplinary committee during hearing proceedings. The board can not adopt a resolution for the discharge of one of these people before sending them a written notice, mentioning the reasons put forward for their discharge and their right to be heard, at least thirty (30) days before the meeting at which the resolution should be set.
Article 52. Absence.
When a member of the committee is unable to perform his duties because of absence, illness or any other reason, he can be replaced by a person appointed by the board.
Article 53. Conflict of interests.
Any member of the disciplinary committee that is related, close friend or associated to a member whose case is being investigated by the disciplinary committee must declare the fact to the secretary of the committee and be replaced by another member of the bank of potential committee members put together to this end.
Article 54. Solemn statement.
The members and the secretary of the disciplinary committee must make a solemn statement as included and formulated in appendix 1.
Article 55. Meeting.
The disciplinary committee meets as often as necessary following convening from the president of the committee. Meetings of the disciplinary committee can take place without notice if all the members are present. Otherwise, the delay of convening is of seven (7) full days and can be made by mail, by telephone or by e-mail. Minutes from each meeting must be taken.
Article 56. Presidency.
Meetings of the committee are presided over by the president of the disciplinary committee.
Article 57. Quorum.
The quorum of all meetings of the disciplinary committee and of the hearings of the committee is of three (3) people, including the president.
Article 58. Duties of the secretariat.
The secretariat of the disciplinary committee must notably see to the preparation and the keeping of the files and see to it that they are available, in accordance with the present regulation.
Article 59. Complaint to the secretariat.
All complaints against a member are lodged to the secretariat of the disciplinary committee.
Article 60. Form and content.
Complaints must be lodged in writing and accompanied by the solemn statement of the plaintiff as formulated in appendix II. It must indicate summarily the nature, the time and place circumstances of the charges.
Article 61. Notice to the member.
The secretariat of the disciplinary committee gives notice of the complaint to the concerned member by registered mail.
Article 62. Appearance.
The member concerned by the complaint must make an appearance, in writing, to the secretariat of the disciplinary committee, in person or through his representative, within ten (10) days of the notification of the complaint.
Article 63. Statement.
The appearance is accompanied by a written statement in which the member recognizes or not the alleged offence. If the appearance is not accompanied by such a statement, the member is presumed not to admit the alleged offence.
Article 64. Objection.
The appearance can be accompanied or followed within ten (10) days by a written objection.
Article 65. Temporary striking off.
The complaint can require the immediate temporary striking off of the concerned member as a member of the Society when the charges brought against him are of such nature that their continuation or their repetition could seriously compromise the protection of the public.
Article 66. Hearing delay.
The hearing of the request to temporarily strike off a member must start within ten (10) days of the notification of the complaint to the latter and following a written notice to the concerned member by the secretary of the disciplinary committee at least two (2) full legal days before the aforementioned hearing.
Article 67. Ruling and temporary striking off.
Following the aforementioned hearing, the disciplinary committee can give a ruling of temporary striking off against the concerned member if the committee judges that it is necessary to the protection of the public.
Article 68. Enforceable ruling.
The ruling of temporary striking off is enforceable as soon as it is notified to the concerned member by registered mail and is in effect until the final decision of the disciplinary committee, unless the committee decides otherwise. However, if the ruling is made in the presence of the parties, it is understood to have been notified to the concerned member.
Article 69. Opposability to the member.
The temporary striking off is opposable to the member when he has received notification.
Article 70. Assistance of a lawyer.
All parties or witnesses summon to appear in front of the disciplinary committee have the right to be assisted or represented by a lawyer.
Article 71. Hearing notice.
The secretary of the disciplinary committee must notify by registered mail the member concerned by the complaint of the date and the place of the hearing at least ten (10) full days before the hearing.
Article 72. Deposition and In camera.
All depositions are recorded, unless the parties give up the recording process. All hearings are public. However, the disciplinary committee can, automatically or at somebody’s request, order in camera sessions in the interest of morality or of public order, notably to ensure the protection of the private life or reputation of a person.
Article 73. Procedure.
The disciplinary committee can have recourse to all legal means to obtain information on the facts put forward in the complaint.
Article 74. Defence.
The disciplinary committee must allow the member concerned by the complaint to present a full and complete defence, among which the right to make himself heard.
Article 75. Absence.
The committee can proceed when the concerned member does not show up after he has been duly informed of the date and location of the hearing.
Article 76. Writ.
The disciplinary committee and the concerned member have the responsibility to issue a writ to witnesses they judge useful to be heard.
Article 77. Answers to questions.
The concerned member has to answer all questions. The committee can not, however, compel someone who is not a member of the Society to testify, even if that person has been issued a writ.
Article 78. Minutes and content.
The secretary records the minutes and the decision of the committee in a special register. If there are no recording, the minutes includes a summary of the statements and deems them authentic.
Article 79. Decision.
The committee decides if the concerned member has committed a violation of the Code of ethics of the Society and/or to the present regulations and proposes an appropriate sanction if the need arises.
Article 80. Recorded decision.
The decision of the disciplinary committee is recorded in writing and signed by all the members of the committee. It must include, aside from the plan of actions, the reasons for the decision.
Article 81. Set sanctions.
In the case of violation of the Code of ethics or of the present regulations, the disciplinary committee can recommend to the board one or many of the following sanctions :
- a reprimand ;
- an advanced training course ;
- a temporary or permanent striking off of the member from the Society ;
- a fine of at least one hundred dollars (100.00$) up to one thousand dollars (1,000.00$) for each offence, payable to the Society ;
- a therapy and/or supervision by interveners accredited by the disciplinary committee and the board.
Article 82. Modes of sanctions.
The disciplinary committee recommends to the board the conditions and the modes of sanctions to be imposed on the concerned member.
Article 83. Enforceable decision.
The decision of the disciplinary board constitutes a recommendation to the board that must ratify it within forty-five (45) days for it to become enforceable.
Article 84. Hearing of the parties.
Within this delay of forty-five (45) days, the board can hear the parties about the sanction to be imposed.
Article 85. Notice of hearing.
The secretary of the board must then notice the concerned member by registered mail of the date and location of the hearing about the sanction at least five(5) full days before the hearing.
Article 86. Notice of the decision.
Within forty-five (45) days of the decision of the disciplinary committee, the board must give a verdict about the recommendation. The decision of the board ratifying the recommendation of the disciplinary committee is communicated to the notified member by registered mail as quickly as possible by the secretary of the board.
Article 87. Opposability to the member.
The decision of the board is opposable to the member when he has received its notification by registered mail.
Article 88. Collection of the fines.
The Society can proceed by ways of seizure to collect the imposed fines.
Article 89. Appeal.
The decisions of the board on the guilt of a member and on the related sanctions are final and without appeal.
Article 90. Notice of sanctions.
After the board has ratified a decision of the disciplinary committee declaring a member of the Society guilty, the secretary of the disciplinary committee must inform, by notice, the members of the Society. This notice must include the name of the member found guilty, his principal place of practice and the address of this place, the date and the nature of the offence he has committed and/or the imposed sanction along with the date and a summary of the resolution of the board on the matter.
Article 91. Publication.
The notice mentioned in article 90 can also be published or included by the secretary of the disciplinary committee in a newspaper or a publication where the concerned member practices unless the disciplinary committee or the board decides otherwise. When the notice is made public, it must appear under the headline « NOTICE OF TEMPORARY OR PERMANENT STRIKING OFF OF THE STATUS OF MEMBER OF THE CANADIAN SOCIETY FOR THE TRADITION OF OSTEOPATHY ».
Article 92.Publication ban.
The board can order the publication ban of all information leading to the identification of a person who has lodged a complaint to the secretary of the disciplinary committee. This ruling is enforceable for a determined or undetermined time period.
CHAPTER 9 : Financial clauses.
Article 93. Fiscal year.
The fiscal year of the Society ends on the 31st of March of every year.
Article 94. Auditing.
The books and the financial statements of the Society are audited every year, as soon as possible after the end of each fiscal year, by the auditor assigned to this task at each annual meeting of the members.
Article 95. Dissolution.
In the case of dissolution of the Society, of the settlement of its debts and of the liquidation of its assets, all funds and assets left will be given, tax free, to one or more non-profit organisations having the same goals as the Society.
CHAPTER 10 : Declaration.
Article 96. Declaration.
The president, vice-president, secretary or treasurer or any other officer or person authorized by the board of directors are authorized and fitted to answer for the Society to all writs, rulings and questioning on facts and articles issued by any Court, to answer in the name of the Society to all garnishment and to speak in the name of the Society on all garnishment in which the Society is garnishee, to make all affidavit or solemn declaration in relation to such garnishment or in relation to any procedure in which the Society is party, to make request for cession of property or requests for liquidation or sequestration order against all debtor of the Society and to grant power of attorney relating to these procedures.
CHAPTER 11 :
Adoption and/or modification of general regulations.
Article 97. Modifications to the regulations.
The board has the power to adopt, to modify or to abrogate the regulations of the Society.
All ratification necessitates the approval by simple majority of members present and voting at a general annual or special meeting duly convened to this end except for modifications relevant to changes to the letters of patent (change in the corporate name of the Society, change in the number of administrators, change in the subjects or other dispositions in the letters of patent and change in the location of the head office) which requires the approval of two thirds of voting members.
Subjected to the exceptions stated in the law, each adoption, modification or abrogation of a regulation, unless it is ratified in the meantime by a special general meeting, is in effect only until the next general annual meeting. If it is not ratified during this meeting, it ceases to apply from this day on.