Current Issues
The QA Committee needs volunteers to take part in a Pilot Project in 2008. The Quality Assurance
Committee is excited to launch the recruitment of 60 Opticians to assist the QA Committee in their
development of a new QA tool.
Volunteers will use the draft Competency Self Assessment and Learning Needs planning documents and
provide feedback on their experience. The feedback will be used to revise the documents prior to distribution
to all members.
Involvement will take about 10 hours and you will receive a letter verifying 5 to 10 PA credits for your
participation. The exact timing of the piliot is subject to Council approval and will likely occur
between June to September 2008.
Volunteers should broadly represent the membership. The QA Committee needs the perspective of opticians
who practice in a large urban centre, small town, in an independent Optical, in chain stores and in optometry
and/or ophthalmology offices.
Your feedback is incredibly valuable! This is your chance to shape the development of the next version of
the documents, compile documents you will need in the future.
If you are interested in volunteering, please contact Sarah Sackrule, Manager of Quality Assurance, at
ssackrule@coptont.org or via telephone
at 416-368-3616 ext. 209.
The Local Health Integration Networks are a fundamental component of the government’s plan to build a stronger
health care system in Ontario. Each LHIN will establish its own Health Professionals Advisory Committee comprised
of members from a variety of health services professions. This multi-disciplinary committee will have the
important responsibility of providing advice to the network on how to achieve patient-centred health care and
further develop the leadership role of health professionals in promoting integrated health care delivery.
To learn more about this exciting volunteer opportunity to help build a stronger health care system in Ontario,
please visit our web site at http://www.lhins.on.ca or read
this brochure.
The Health System Improvements Act, 2007, also known as Bill 171 is the tenth piece of legislation
passed by Health and Long-Term Care Minister George Smitherman. The bill was passed on May 31, 2007.
The Quality Assurance department is now in the process of marking all 2007 QA claims packages submitted
to the College. Your patience is appreciated during this busy time.
Section 14 (2), (3), and (4) of the
Consolidated Regulations,
including amendments, under the Opticianry Act, 1991, details the process of Default regarding
unsatisfactory or incomplete submission of QA requirements.
If there is no activity number listed on your credit slip, please contact the provider of the event you
attended. Please also visit our page of frequently
asked questions for Quality Assurance.
The Clinical Practice Guideline Expert Committee of the Canadian Ophthalmological Society has recently
published evidence-based clinical practice guidelines for the periodic eye examination in adults in Canada.
In May of 2006, the Competition Bureau undertook a national study of a number of regulated professional
groups in Canada. The study examined accountants, lawyers, optometrists, opticians, pharmacists, and real
estate agents to determine the extent to which these professions may use restrictive practices to control
entry into their profession and/or to control the conduct of their members. The purpose of the study was
to present a comparison of the legislation, regulations and codes of practices governing a range of
professional services offered in all ten provinces and the three territories that affect entry and
influence professional conduct.
On Tuesday, December 11, 2007, the Competition Bureau released their findings. You can read
the full report by selecting the link below.
The Ministry of Health and Long-Term Care has prepared a brochure to update Ontarians on the province's
strategy for combating a flu pandemic. The brochure contains important information on how residents can
protect both themselves and their families against an outbreak.
Read an online version of the Flu
Pandemic Brochure here.
The MOHLTC has prepared an Ontario Health Plan for an Influenza Pandemic. Please check out their
website page for further information, including the complete plan document.
HPRAC Referral Letter (Minister of Health and Long Term Care)
HPRAC has released their Report “Regulation of Health Professions in Ontario: New Directions”.
"The College of Opticians of Ontario has sent a response to the MOHLTC regarding HPRAC's report "New Directions".
Decision Re: Injunction Application
In 2003 the College of Optometrists of Ontario sought and was granted an injunction against SHS Optical Ltd., Dundurn Optical Ltd. and John Doe, all carrying on business as Great Glasses; Joanne Marie Bergez, and Bruce Bergez. Please click here for a copy of Justice Harris' decision and reasons.
The College of Optometrists of Ontario has applied to the Ontario Superior Court of Justice for an order of contempt alleging that the above named respondents are in violation of the Court Order. The College of Opticians supports the College of Optometrists in their application.
After a court hearing on March 30, 2006, the Honourable Mr. Justice Festeryga found Bruce Bergez in contempt of Court for failing to answer certain questions that on February 7, 2006, he had been ordered by the Court to answer. Justice Festeryga ordered that Bruce Bergez be immediately imprisoned until such time as he has purged his contempt by attending before an Official Examiner in Toronto, at his own expense to answer his outstanding undertakings and his refusals. Mr. Bergez undertook to the Court that he would answer the questions put to him, and enforcement of the Order was suspended for 30 days to allow this to happen.
The College was informed on October 24, 2006 that the matter against Great Glasses was being heard October 25 and October 26, 2006 in Hamilton at the John Sopinka Courthouse.
Hamilton Spectator Article - October 26, 2006
Hamilton Spectator Article - October 27, 2006
The Ontario Superior Court of Justice reached a decision in the Contempt of Court proceedings against Mr. Bruce Bergez. Bruce Bergez was found in contempt of court and ordered, among other things, to pay a fine of 1 million dollars. You can read the decision here.
Hamilton Spectator Article - Page A1 - November 28, 2006
Hamilton Spectator Article - Page A10 - November 28, 2006
College of Opticians of Ontario Press Release
Hamilton Spectator Article - Page A16 - November 29, 2006
Globe and Mail Article - November 29, 2006
Bradford Expositor Article - November 29, 2006
Ontario Opticians Association Press Release
Hamilton Spectator Article - Page A8 - December 4, 2006
Law Times Article - December 29, 2006
Hamilton Spectator Article - Page A8 - January 3, 2007
The Brantford Expositor Article - January 4, 2007
Hamilton Spectator Article - Page A11 - March 22, 2007
The College of Optometrists and the College of Opticians brought a motion requesting the Court to order compliance with the non-monetary portions of Justice Crane's November 2006 order. The matter was heard during the week of August 27th 2007 at the Hamilton Courthouse. On October 10, 2007 Justice Fedak released his judgment. Justice Fedak ordered a fine of $50,000 per day since the date of Justice Crane's. Bruce Bergez has filed a motion requesting leave to appeal.
On February 6, 2008, the Ontario Court of Appeal heard the appeal brought by Great Glasses, appealing the contempt order of Justice Crane. The College of Optometrists were the responding party and as we have been throughout this particular matter we were there as intervenors.
All sides completed their oral arguments on February 6, 2008. The Court has reserved its decision. The College of Opticians hopes to receive the Court's decision and reasons in approximately 6 weeks and will keep the website updated on any information it receives with regard to this matter.
Hamilton Spectator Article - Page A5 - February 6, 2008
On December 27, 2006, the Superior Court of Justice of Ontario handed down a judgment in the Application brought by the College against the Great Glasses franchisees. The Court dismissed a motion brought by the Great Glasses franchisees to convert the Application into an Action (a longer process involving a trial). The Court also granted an interim injunction to require the Great Glasses franchisees (including their employees, agents, independent contractors, and other persons carrying on business in association with them or on their behalf), to comply with the RHPA, the Code and the Regulations. The Court also made other orders relating to the timetable for future steps to be taken in the Application, and ordered the Great Glasses franchisees to pay the costs of the College for the motion to convert and the motion for interim relief.
You can read the full judgment here.
On December 27, 2006 the Court granted an interim injunction against a number of Great Glasses stores requiring them to comply with the RHPA. We have completed investigations and have evidence we believe will support further action. We will be moving for contempt of the injunction issued by the court in December of last year. We are still awaiting a court date to argue for a permanent injunction, but will be seeking an immediate court date to hear the contempt motion on the interim injunction.
UPDATE:The Honourable Justice Perell of the Ontario Superior Court has handed down a lengthy decision in which he dismissed a motion by fifteen Great Glasses franchisees to stay the Application by the College of Opticians for an injunction to require their compliance with the Regulated Health Professions Act and to stay the motion for an order that Great Glasses franchisees be found in contempt for breaching the interlocutory order of the Honourable Justice Spies. This means that the College may now proceed with contempt proceedings against Great Glasses franchisees who are not complying with the legal requirement that dispensing may only be performed by opticians, and only on the basis of a prescription from a physician or optometrist.
As reported earlier, the recent decision of the Honourable Justice Perell dismissed a motion by the Great Glasses franchises to stay a motion by the College of Opticians for an order that Great Glasses franchises be found in contempt for breaching the interlocutory order of the Honourable Justice Spies. As a result of that decision the Great Glasses franchises are required to pay $17,000 to the College for the costs of the motion.
Interim Suspension
On November 16, 2006, the certificate of registration of Bruce Bergez R.O. C-1192 was suspended by order of the Executive Committee under section 37 of the Health Professions Procedural Code. The suspension is effective immediately and will remain in place until the matter of the allegations of professional misconduct against Mr. Bergez are disposed of by a panel of the Discipline Committee of the College.
Interim Suspension
On December 20, 2007, the certificate of registration of Arthur Kochberg, RO C-202, was suspended effective immediately; pursuant to the Interim Order, under section 37 of the Health Professions Procedural Code, being schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991 c.18. The interim suspension will remain in place until the matter of the specified allegations referred to the Discipline Committee in the Notice of Hearing dated December 20, 2007, is disposed of by a panel of the Discipline Committee of the College of Opticians.
|
Current Issues