No. 5

I have under my consideration an Ordinance passed by the
Legislature of British Columbia entituled No. 31 "An
Ordinance respecting practitioners in Medicine and Surgery," which
was transmitted in your Despatch of the 14th September.

I think it desirable however in the meantime to inform you that
by the Imperial Act 21 and 22 Victoria C. 90 sec 31, Medical
practitioners who have registered themselves under that Act are
entitled, by virtue of that registration, to practise and recover
fees in any of Her Majesty's Dominions free from any restriction.

So far then as the 6th Section of this Ordinance imposes an
obligation or restriction upon such registered practitioners it is
repugnant to the Imperial Act and void, and under these circumstances
I have to desire you to take such steps as may be necessary to ensure
that the Law is not enforced against such registered practitioners.

Whether that act should not be amended so as to allow Colonial
Legislatures to impose reasonable restrictions upon persons wishing
to practise in the Colonies is a question which is under my serious
consideration and on which you will receive a further communication.

I shall not for the present recommend any decision to Her
Majesty upon this Ordinance.