1984 BILL 26 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 26 VETERINARY PROFESSION ACT MR. JONSON First Reading Second Reading Committee of the Whole Third Reading Royal Assent

BiU 26 Mr. Jonson BILL 26 1984 VETERINARY PROFESSION ACT (Assented to , 1984) TABLE OF CONTENTS

Section No.

Definitions ' PART1 SCOPE OF PRACTICE Exclusive scope of practice ^ Regulations of Lieutenant Govemor in Council 3 Injunction

PART 2 ASSOCIATION Association ^ Powers of Association • Council Council membership ° Registrar ^ Practice Review Board J, Powers of the Practice Review Board PARTS REGULATIONS AND BY-LAWS Regulations

PART 4 REGISTRATION Register Registration Committee Registration Appeal to Council '^ 13 By-laws •'* Review by the Council ° Registration of permit holders }1 Certificate ^U Permit *i Entries in registers ]z List of registrants ^^ Cancellation on request ^, Cancellation ^

PARTS DISCIPLINE

Definitions Complaints Determination of unprofessional conduct and unskilled practice Discipline Committee Preliminary investigation Notice of preliminary investigation Evidence for preliminary investigation Report to the Discipline Committee Termination of investigation Duty of Discipline Committee Further investigation Suspension pending investigation and hearing Riglit to counsel and to appearance Proceedings in camera Evidence Witnesses Enforcement of attendance and production of documents Failure to give evidence Finding by the Discipline Committee Powers of the Discipline Committee Order to pay costs or a fine Debt to Association Service of written decision Suspension or cancellation pending appeal Appeal to Council Time of appeal Powers of the Council on appeal Appeal to the Court Order for stay pending appeal Material in support of appeal Power of the Court of Appeal Fraudulent registration Surrender of certificates Misrepresentation of status Publication PARTS GENERAL 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Service of documents ^i Registrar's certificate ^^ Liability to others ^^ Protection from liability "^ PART?

PROHIBITIONS AND PENALTIES Practice prohibitions Penalties Onus of proof 65 66 67 PARTS TRANSITIONAL AND CONSEQUENTIAL Registration continued ,„ Council members continued _ Application for registration continued Discipline proceedings continued

Consequential ^^-80 Repeal ^' Coming into force 82 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "animal" includes an unborn animal but does not include a human being; (b) "Association" means the Alberta Veterinary Medical Asso­ ciation; (c) "Council" means the Council ofthe Association; (d) "Discipline Committee" means the Discipline Committee es­ tablished under

section 29; (e) "member of the public" means a person who is (

i) a Canadian citizen or lawfully admitted to Canada for permanent residence, (ii) a resident of Alberta, and (iii) not a member of the Association; (f) "Minister" means the Minister of Agriculture; (g) "permit holder" means a corporation that holds a permh under this Act; (h) "Practice Review Board" means the Practice Review Board established under

section 10; (i) "profession" means the profession of veterinary medicine; (j) "registered veterinarian" means an individual who holds a certificate of registration and an annual certificate to engage in the practice of veterinary medicine under this Act; (k) "Registrar" means the Registrar appointed under

section 9; (I) "Registration Committee" means the Registration Committee established under

section 16; (m) "student" means an individual who is enrolled in and eligi­ ble to begin the final year of a professional degree program in veterinary medicine; (n) "veterinary medicine" means a medical service performed with respect to an animal and includes the following: (

i) surgery; (ii) obstetrics and ova and embryo collection.

PARTI SCOPE OF PRACTICE Exclusive scope 2(1) Exccpt as Otherwise provided in this Act, no person except a ofpractice registered veterinarian or permit holder shall engage in the practice of veterinary medicine. (2) Subsection (1) does not apply to the following: (

a) a technologist practising under the direction or control of a registered veterinarian and in accordance with the regulations; (

b) a technician licensed under a regulation made pursuant to the Artificial Insemination of Domestic Animals Act who engages m semen collection and the artificial insemination of domestic ani­ mals; (

c) a person who is engaged in trimming hooves, shoeing and applying or using corrective procedures or devices specifically for gait and stance modifications in animals; (

d) a person or his employee who is engaged in the treatment of his or his employer's animals; (

e) a person who is engaged in the examination or preventive or therapeutic treatment of farm animals using non-surgical proce­ dures in retum for the performance of similar services by the owner of the animals; (

f) a person or his employee who is engaged in the treatment of farm animals that he rents or leases from or custom feeds for the owner ofthe animals, if the owner consents; (

g) a person who is engaged in dehorning cattle, sheep or goats, in docking pigs, sheep or horses or in castrating cattle, sheep, goats, pigs, horses or any other animal prescribed in the regula­ tions made under

section 3; (

h) a person who is using an animal in research at a university, if the research is carried out using acceptable veterinary proce­ dures and the use of the animal has been approved by an appro­ priate animal care committee of which at least 1 member is a registered veterinarian; (

i) a person who gives assistance in a time of urgent need, if the assistance is given without hire, gain or hope of reward.

(3) No person except a registered veterinarian shall use the tide "vet­ erinary surgeon" or any abbreviation of that title.

(4) No person except a registered veterinarian or a permit holder shall (

a) use the word "veterinarian" or "veterinary" in combination with any other name, title, description, letter, symbol or abbre­ viation that represents expressly or by implication that he is a registered veterinarian or permit holder, or (

b) represent or hold out, expressly or by implication, that

Regulations of Lieutenant Governor in Council Injunction (

i) he is entitled to engage in the practice of veterinary med­ icine, or (ii) he is a registered veterinarian or permit holder.

(5) A registered veterinarian or permit holder shall not hold himself out as a speciahst or as being specially qualified in any particular field or specialty of veterinary medicine unless he has complied with the regulations and has been approved as a speciahst or as being specially qualified by the Council. 3 The Lieutenant Govemor in Council, after consultation with the Council, may make regulations (

a) exempting, subject to any terms and conditions that the Lieu­ tenant Govemor in Council may impose, a person or class of persons from the apphcation of

section 2(1); (

b) prescribing animals for the purposes of

section 2(2)(g). 4 The Court of Queen's Bench, on application by the Council by way of originating notice, may grant an injunction enjoining any person from doing any act that contravenes

section 2, notwithstand­ ing any penalty that may be provided by this Act in respect of that contravention. Association Powers of Association Council Council membership

PART 2 ASSOCIATION 5(1) The Alberta Veterinary Medical Association is contmued as a corporation.

(2) A registered veterinarian is a member of the Association. 6 The Association has the capacity and, subject to this Act, the rights, powers and privileges of a natural person. 7(1) There is hereby established a goveming body ofthe Association called the Council.

(2) The Council shall manage and conduct the business and affairs of the Association and exercise the powers of the Association in the name of and on behalf of the Association.

(3) The Council shall submit annually to the Minister in a form satisfactory to him a report on those matters of the business and affairs ofthe Association that the Minister requires.

(4) The Minister shall, on receipt of the annual report of the Asso­ ciation, lay it before the Legislative Assembly if it is then sitting, and if It IS not then sitting, within 15 days after the commencement of the next ensuing sitting. 8(1) The Council shall consist of (

a) at least 7 registered veterinarians or a greater number that may be prescribed by the by-laws, each of whom shall be elected by the registered veterinarians at the time, in the manner and for the penod provided for in the by-laws, and

(

b) when the total number of elected registered veterinarians does not exceed 10, 1 member ofthe pubhc, or when the number of elected registered veterinarians is more than 10, 2 members of the pubhc, who shaU be appointed by the Minister after consul­ tation with the Association for a 1 year term of office.

(2) The members ofthe Council elected under subsection (1) shall elect fi-om among themselves the officers ofthe Association specified in the by-laws in the manner and for the term prescribed in the by­ laws.

(3) A member ofthe pubhc referred to in subsection (l)(

b) continues to hold office after the expiry of his term of office until he is reap­ pointed or his successor is appointed.

(4) The Minister may, after consultation with the Council, revoke the appointment of a member ofthe pubhc referred to in subsection (l)(b).

(5) The Minister may pay to a member of the pubhc referred to in subsection (l)(

b) travelling and living expenses incurred by that member for his attendance at a meeting of the Council while away from his usual place of residence and fees in an amoimt prescribed by the Minister.

(6) The powers, duties and operations ofthe Council under this Act, the regulations and the by-laws are not affected by (

a) the fact that no member ofthe public is appointed as a mem­ ber ofthe Council pursuant to subsection (l)(b), (

b) the revocation imder subsection (4) of the appointment of a member of the Council, or (

c) the resignation from the Council of a member of the public.

(7) The failure of a member of the public appointed pursuant to subsection (l)(

b) to attend a meeting of the Council shall not be constmed to affect or restrict the Council from exercising any powers or performing any duties under this Act, the regulations and the by­ laws at that meeting. Registrar 9 The Couucil shall appoint a Registrar for the purposes of this Act. Practice 10(1) Thcrc is hereby established a board called the Practice Review Review Board fioard cousistiug of uo fcwcr than 5 members as follows: (

a) the Council shall appoint no fewer than 4 registered veteri­ narians who have a combination of knowledge and experience suitable for determining the academic qualifications and experi­ ence necessary for a person to continue to engage in the practice of veterinary medicine; (

b) the Minister shall appoint 1 person from a list of no fewer than 3 members ofthe public nominated by the Council.

(2) If the Council fails, within a reasonable period of time after being requested to do so by the Minister, to make a nomination for the purposes of subsection (l)(b), the Minister may appoint I member

of the public to the Practice Review Board without the Council's nomination,

(3) The Minister may pay to the member of the Board appointed under subsection (l)(

b) travelling and living expenses incurred by that member for attendance at a hearing ofthe Board away from his usual place of residence and fees in an amount prescribed by the Minister.

(4) The Minister may, after consultation with the Council, revoke the appointment under subsection (l)(

b) of a member ofthe pubhc.

(5) The powers, duties and operations of the Board under this Act, the regulations and by-laws are not affected by (

a) the fact that no member ofthe public is appointed as a mem­ ber ofthe Board pursuant to subsection (l)(b), (

b) the revocation under subsection (4) ofthe appointment of a member of the public, or (

c) the resignation as a member ofthe Board of a member ofthe public.

(6) The failure of a member of the public appointed under subsec­ tion (l)(

b) to attend a meeting ofthe Board shall not be construed to affect or restrict the Board from exercising any powers or performing any duties under this Act, the regulations or the by-laws at that meeting. Powers of 11(1) The Practicc Rcvicw Board the Practice Review Board ^^^ ^j^^jj ^^ -^^ ^^^ initiative or at the request of the Council, inquire into (

i) the assessment of existing and the development of new educational standards and experience requirements that are conditions precedent to obtaining and continuing registration under this Act, (ii) the evaluation of desirable standards of competence of registered veterinarians and permit holders generally, (iii) the practice of veterinary medicine by registered veteri­ narians generally, and (iv) any other matter that the Council from time to time considers necessary or appropriate in connection with the ex­ ercise of its powers and the performance of its duties in re­ lation to competence in the practice of veterinary medicine under this Act and the regulations, and (

b) may, with the approval of the Council, conduct a review of the practice of a registered veterinarian or permit holder in ac­ cordance with this Act and the regulations.

(2) The Board shall report to and advise the Council with respect to any matter dealt with by it pursuant to subsection (1).

(3) A person requested to appear at an inquiry by the Board under this

section is entitied to be represented by counsel.

(4) The Board may, after a review under this

section with respect to an mdividual registered veterinarian or permit holder, make any order that the DiscipUne Committee may make under

section 45 or 46.

(5) The provisions of

Part 5 with respect to an investigation and heanng by the Disciplme Committee apply to a review of a registered veterinarian or permit holder by the Practice Review Board under subsection (l)(b).

(6) The Board may at any time during an inquiry or review under this

section recommend to the Disciphne Committee that the inquiry or review be conducted by the Discipline Committee pursuant to

Part 5.

(7) On receiving a recommendation under subsection (6) the Disci­ phne Conimittee may proceed with an mvestigation and hearing under

Part 5 as if the recommendation were a written complaint.

(8) After each inqiury or review under this

section the Board shall make a written report to the Council on the inquiry or review and may make any recommendations to the Council that the Board con­ siders appropriate in connection with the matter, with reasons for the recommendations.

(9) The Council may, if it considers it to be in the public interest to do so, direct that the whole or any portion of an inquiry by the Board under this

section shall be held in camera. coS° ^^ ^ registered veterinarian or permit holder who is the subject of "" a review by the Practice Review Board may appeal any decision or order ofthe Board to the Council as if it were a decision or order of the Discipline Committee under

Part 5.

PART 3 REGULATIONS AND BY-LAWS Regulations 13(1) The Couucil may make regulations (

a) respecting the registration of students, the duties and respon­ sibilities of registered veterinarians working with students and the privileges, rights, duties and responsibilities of students; (

b) respecting the academic qualifications of applicants for reg­ istration as registered veterinarians; (

c) respecting experience requirements of applicants for registra­ tion as registered veterinarians; (

d) respecting the evaluation of the academic qualifications of and experience requirements for applicants for registration to en­ gage in the practice of veterinary medicine as registered veteri­ narians and the examination of those applicants with respect to those qualifications or requirements; (

e) respecting the eligibility of applicants generally for registra­ tion to engage in the practice of veterinary medicine; (e.

l) prescribing those areas of veterinary medicine from which members of the Registration Committee shall be appointed by the Council; 8

(

f) respecting the powers, duties and functions of the Practice Review Board, including but not limited to the referral of matters by that Board to the Council or the Discipline Committee and appeals from decisions of that Board; (

g) prescribing the number of members that constitutes a quo­ mm of the Council, the Practice Review Board, the Registration Committee or the Discipline Committee; (

h) respecting technical standards and procedures for the practice of veterinary medicine; (

i) establishing and providing for the pubhcation of a code of ethics respecting the practice of veterinary medicine, the main­ tenance ofthe dignity and honour ofthe profession of veterinary medicine and the protection of the public interest; (

j) establishing classes or categories of specialties in veterinary medicine; (

k) respecting the academic quaUfications and experience a reg­ istered veterinarian requires to be recognized as a specialist and the registration of specialists; (

I) prescribing the rights, privileges, duties and obligations of spe­ cialists; (

m) governing, subject to this Act, the operation and proceedings ofthe Registration Committee, the Discipline Committee and the Practice Review Board; (

n) respecting the costs payable by any person on the conclusion of an investigation, hearing or review by the Practice Review Board or under

Part 5; (

o) respecting the procedures ofthe DiscipUne Committee, ofthe Practice Review Board and of the Council in matters relating to the conduct or practice of registered veterinarians or permit hold­ ers, whether or not a complaint has been made; (

p) respecting the establishment by the Council of a compulsory continuing education program for registered veterinarians and specialists; (

q) goveming the publication of a notice of the suspension or cancellation ofthe registration of a registered veterinarian or per­ mit holder in a form and manner prescribed by the Council; (

r) respecting committees of inquiry for reinstatement under Part (

s) for the purposes of

section 2(2), (

i) designating a class of persons as technologists, and (ii) defining technologist; (

t) respecting the aspects ofthe practice of veterinary medicine tnat a technologist may practise and the registration of technol­ ogists; ^

(

u) estabUshing classes or categories of registered veterinarians and permit holders and prescribing the restrictions on practice and the rights, privileges, duties and obligations ofthe classes or categories so estabhshed; (

v) goveming the eligibiUty for registration of corporations as permit holders and the terms and conditions of and restrictions on the practice of veterinary medicine by a permit holder, (

w) goveming the operations of permit holders; (

x) respecting advertismg by registered veterinarians and permit holders; (

y) respecting the inspection of and the acceptable standards of the physical facilities operated by a registered veterinarian or permit holder, (

z) respecting registration, the issuing of permits and certificates, disciplinary matters and the practice of veterinary medicine gen­ erally.

(2) A regulation under subsection (1) does not come into force unless it has been approved by (

a) amajority of the registered veterinarians (

i) present and voting at a general meeting, or (ii) voting in a mail vote conducted in accordance with the by-laws, and (

b) the Lieutenant Govemor in Council. By-laws 14(1) Thc Couucil may make by-laws (

a) for the govemment of the Association and the management and conduct of its affairs; (

b) determining the location ofthe head office ofthe Association; (

c) respecting the calling of and conduct of meetings of the As­ sociation and the Council; (

d) respecting the nomination, election, number and term of of­ fice of Council members and officers of the Association and the appointment of individuals as ex officio members of the Council and any board or committee established by the Council and pre­ scribing their powers, duties and functions; (

e) goveming, subject to this Act, the appointment of members ofthe Discipline Committee, the Registration Committee and the Practice Review Board, the designation of chairman and vice- chairman, the appointment of acting or altemate members and the procedures for filling vacancies on a Committee or the Board and the appointment of ex officio members of a Committee or the Board and prescribing their powers, duties and functions; (

f) respecting the appointment, functions, duties and powers of an Executive Director and Secretary Treasurer ofthe Association; 10

(

g) respecting the estabUshment of divisions and sections of the Association and their operation; (

h) providing for the division of Alberta into electoral districts and prescribing the number of Council members to be elected from each district; (

i) providing for the appointment of an Acting Registrar who has all ofthe powers and may perform all ofthe duties ofthe Regis­ trar under this Act, the regulations and the by-laws when the Registrar is absent or unable to act or when there is a vacancy in the office of Registrar; (

j) establishing classes or categories of membership in the Asso­ ciation in addition to registered veterinarians and specialists and prescribing the rights, privileges and obligations ofthe classes or categories of membership so established; (

k) providing for the appointment of acting members of the Council and procedures for the election or appointment of reg­ istered veterinarians to fill vacancies on the Council; (

I) prescribing the number of registered veterinarians that consti­ tutes a quomm at meetings of the Association; (

m) goveming the establishment, operation and proceedings of committees, the appointment of members of committees, the ap­ pointment of acting members and procedures for filling vacancies on committees and the delegation of any powers or duties ofthe Council under this Act, the regulations or the by-laws to a com­ mittee established by the Council or under this Act; (

n) goveming the establishment of boards or committees of reg­ istered veterinarians and respecting the delegation of powers of the Council to those boards or committees or the Practice Review Board; (

o) prescribing fees and expenses payable to members of the As­ sociation for attending to the business of the Association; (

p) respecting the estabUshment and payment of sums of money for scholarships, fellowships and any other educational incentive or benefit program that the Council considers appropriate; (

q) respecting the fixing of fees, dues and levies payable to the Association; (

r) respecting the estabUshment, content and maintenance of reg­ isters of registered veterinarians, speciaUsts and permit holders and of records of other classes or categories of membership to be kept by the Registrar; (

s) respecting the removal from the registers and records of any memorandum or entry made in them under this Act or the by­ laws; (

t) goveming the names under which registered veterinarians and permit holders may engage in the practice of veterinary medicine; (

u) requiring registered veterinarians and permit holders to in­ form the Registrar in writing of their current mailing addresses and of any change of address forthwith after the change occurs; 11

(

v) goveming the publication of information with respect to the profession including but not limited to the publication of surveys (

w) prescribing the form of a certificate of registration a permit and an annual certificate.

(2) The Council may make by-laws respecting the holding of mail votes on any matter relating to the Association, but a by-law under this subsection does not come into force unless it is approved by a majonty ofthe registered veterinarians present and voting at a gen­ eral meeting.

(3) A by-law under subsection (1) does not come into force unless it IS approved by a majority ofthe registered veterinarians (

a) present and voting at a general meeting, or (

b) voting by a mail vote conducted in accordance with the by­ laws.

(4) The Regulations Act does not apply to by-laws ofthe Association made under this section,

PART 4 REGISTRATION Register 15 The Registrar shall maintain, in accordance with the by-laws and subject to the direction of the Council, a register of registered veterinarians and permit holders. SSi" ^®^^^ ^^^ Council shall establish a Registration Committee in ac­ cordance with the regulations and by-laws.

(2) The Registration Committee shall consider applications for the registration of applicants as registered veterinarians or specialists in accordance with this Part, the regulations and the by-laws.

(3) The Registration Committee may (

a) approve the qualifications of an applicant, (

b) refuse to approve the qualifications of an applicant, or (

c) defer approval of qualifications until it is satisfied that an applicant has complied with a requirement made under this sec­ tion.

(4) The Registration Committee may, in its discretion, require an applicant for registration (

a) to pass 1 or more examinations approved by the Committee, (

b) to obtain more experience of a kind satisfactory to the Com­ mittee for a period set by the Committee, or (

c) to pass 1 or more examinations and obtain more experience before approving his qualifications. 12

Registration Review by the Council Registration of permit holders 17 The Registration Committee shall approve the registration as a registered veterinarian of an individual who has applied under this Act and is eligible to be registered as a registered veterinarian under this Act and the regulations. 18(1) The Registration Committee shall send a written notice of any decision made by it under this Part to the applicant.

(2) If the decision made by the Committee is to refuse or defer reg­ istration of the applicant, reasons for the decision shall be sent in writing to the applicant.

(3) An appUcant whose application for registration has been refiised by the Registration Committee may, within 30 days of receiving a notice of refusal and the reasons for the refusal, request the Council to review the application by serving on the Registrar a written re­ quest for review by the Council setting out the reasons why, in his opinion, his registration as a registered veterinarian should be ap­ proved.

(4) The Council shall, after receipt of a request for review under this section, review the application.

(5) The applicant for registration (

a) shall be notified in writing by the Council of the date, place and time that it will consider the matter, and (

b) is entitled to appear with counsel and make representations to the Council when it considers the matter.

(6) A member of the Registration Committee who is also a member of the Council may participate at a review by the Council under this

section but shall not vote in a decision of the Council at a review under this section.

(7) On reviewing an appUcation under this section, the Council may make any decision the Registration Committee may make under this Part.

(8) The Registrar shall enter in the register the name of a person (

a) whose registration to engage in the practice of veterinary medicine as a registered veterinarian has been approved by the Registration Committee or the Council, and (

b) who has paid the fee prescribed under the by-laws. 19(1) The Council may approve the registration as a permit holder of a corporation that has applied to the Council and is eligible under this

section and the regulations to be registered to engage in the practice of veterinary medicine as a permit holder in accordance with the restrictions or conditions set out in the permit.

(2) A corporation that applies to the Council is eligible to be regis­ tered as a permit holder entitled to engage in the practice of veteri­ nary medicine if it satisfies the Council that it complies with this Act and the regulations.

(3) A permit entities the permit holder to engage in the practice of vetennary medicine for the period and subject to the terms and con­ ditions ofthe permit. 13

(4) The Registrar shall enter in the register the name of a corporation (

a) whose registration to engage in the practice of veterinary medicine as a permit holder has been approved by the Council, and (

b) that has paid the fee prescribed under the by-laws. Certificate 20(1) On entering the name of a registered veterinarian in the reg­ ister, the Registrar shaU issue to him a certificate of registration to engage in the practice of veterinary medicine.

(2) The Registrar shall issue an annual certificate in accordance with the by-laws to a registered veterinarian (

a) whose registration is not under suspension, and (

b) who has paid the annual fee.

(3) Subject to this Act, an annual certificate entitles the registered veterinarian to engage in the practice of veterinary medicine during the year for which the annual certificate is issued.

(4) An annual certificate expires on December 31 of the year for which it is issued. Permit 21 Ou entering the name of a permit holder in the register, the Registrar shall issue to it a permit to engage in the practice of veter­ inary medicine as a permit holder as authorized by the permit. Entries in 22(1) The registration of a registered veterinarian or permit holder registers -^ suspcudcd whcu thc dccisiou to suspend the registration is made in accordance with this Act.

(2) The Registrar shall enter a memorandum of suspension of a reg­ istration in the register indicating (

a) the duration of the suspension, and (

b) the reason for the suspension.

(3) The registration of a registered veterinarian or permit holder is cancelled when the decision to cancel the registration is made in accordance with this Act.

(4) The Registrar shall enter a memorandum of cancellation of reg­ istration in the register.

(5) The Registrar shall not remove from the register any memoran­ dum made by him under this section, except in accordance with the by-laws. List of registrants 23(1) The Registrar shall publish, in accordance with the by-laws, the name of everyone who is entered in the register as a registered veterinarian or a permit holder.

(2) The Registrar shall maintain and, during regular office hours, permit any person to inspect a list of all the registered veterinanans and permit holders in good standing. Cancellation 24(1) The Registrar shall not cancel the registration of a registered on request veterinarian or permit holder at his request unless the request for the cancellation has been approved by the Council. 14

(2) When a request for cancellation of registration is approved by the Council (

a) the Registrar shall cancel that registration, and (

b) the registered veterinarian or permit holder requesting the canceUation, on being notified ofthe approval, shall surrender to the Registrar any certificate of registration, permit or annual cer­ tificate issued by the Registrar. Cancellation 25(1) The Council may direct the Registrar to cancel the registration of (

a) a registered veterinarian or permit holder who is in defauh of payment of annual fees or any other fees, dues or levies payable under this Act, or (

b) a permit holder if it no longer complies with the regulations after the expiration of 30 days following the service on the registered veterinarian or permit holder of a written notice by the Council pursuant to subsection (2), unless the registered veterinarian or per­ mit holder on whom the notice is served complies with the notice.

(2) The notice under subsection (1) shall state that the Registrar may cancel the registration unless (

a) the fees, dues or levies are paid as indicated in that notice, or (

b) evidence satisfactory to the Council has been received by h within the time prescribed in the notice indicating that the permit holder has compUed with the regulations.

(3) The Council may direct the Registrar to cancel the registration of a registered veterinarian or permit holder that was entered in error in the register.

(4) If the registration of a registered veterinarian or permit holder has been cancelled under this section, he shall forthwith surrender to the Registrar any certificate of registration or permit issued to him.

(5) If a registration has been cancelled pursuant to subsection (1), the Council may direct the Registrar, subject to any conditions that the Council may prescribe, to reinstate that registration in the appli­ cable register and reissue the certificate of registration or permit.

(6) Notwithstanding subsection (5), if an individual applies to the Council to be reinstated more than 5 years after the date on which his registration was canceUed, the Council shall not direct the Regis­ trar to reinstate him.

(7) Notwithstanding subsection (6), an individual whose registration has been cancelled under this

section may make an appUcation to the Registration Committee for registration as a registered veterinar­ ian. 15

Definitions PARTS DISCIPLINE 26 In this Part, (a) "conduct" includes

an act or omission; (b) "investigated person" means a registered veterinarian, permit holder or student with respect to whose conduct an investigation or hearing is held under this Part, Complaints 27(1) A pcrsou may complain to the Registrar in writing about the conduct of a registered veterinarian, permit holder or student, and the complaint shall be dealt with in accordance with this Part and the regulations.

(2) A complaint respecting the conduct of a registered veterinarian, permit holder or student whose registration was cancelled pursuant to this Act may be dealt with, notwithstanding the canceUation, within 2 years foUowing the date of canceUation of the registration as if the cancellation had not occurred,

(3) Notwithstanding

section 30, the chairman ofthe Discipline Com­ mittee or a person authorized to do so by the chairman may desig­ nate a mediator to assist in settling a complaint if the complainant and the person about whose conduct the complaint was made agree to mediation, but if within 60 days from the date of receipt of the complaint or a longer period agreed to by those persons a settlement of the complaint between those persons does not occur, or in the mediator's opinion is not likely to occur, the complaint shall be re­ ferred forthwith by the mediator to the Discipline Committee.

DeterminatiOT 28(1) Any couduct of a registered veterinarian, permit holder or stu- ?ond"ucTlnd'°"^' dent that in the opinion ofthe Discipline Committee unskilled practice (

a) is detrimental to the best interests of the public, (

b) contravenes a code of ethics of the profession as established under the regulations, (

c) harms or tends to harm the standing of the profession gener­ ally, (

d) displays a lack of knowledge of or lack of skill or judgment in the practice of the profession, or (

e) displays a lack of knowledge of or lack of skill or judgment in the carrying out of any duty or obligation undertaken in the practice of the profession, whether or not that conduct is disgraceful or dishonourable, consti­ tutes either unskilled practice of the profession or unprofessional conduct, whichever the Discipline Committee finds.

(2) If an investigated person fails to comply with or contravenes this Act, the regulations or the by-laws, and the failure or contravention is, in the opinion of the Discipline Committee, of a serious nature, the failure or contravention may be found by the Discipline Com- 18

Discipline Committee Preliminary investigation Notice of preliminary investigation Evidence for preliminary investigation mittee to be unprofessional conduct whether or not it would be so found under subsection (1). 29(1) There is hereby established a Discipline Committee consisting of (

a) no fewer than 3 registered veterinarians appointed by the Council in accordance with the by-laws, and (b) 1 person appointed by the Minister from a hst of no fewer than 3 members ofthe public nominated by the Council.

(2) If the Council fails, within a reasonable period of time after being requested to do so by the Minister, to make the nominations for the purposes of subsection (l)(b), the Minister may appoint I member ofthe Discipline Committee without the Council's nomination.

(3) The Minister may pay to a member of the pubhc appointed to the Discipline Committee traveUing and living expenses incurred by that member for attendance at a meeting of the Committee away from his usual place of residence and fees in an amount prescribed by the Minister.

(4) The Minister may, after consultation with the Council, revoke the appointment of a member of the public appointed to the Disci­ pline Committee.

(5) The powers, duties and functions of the Discipline Committee under this Act, the regulations and the by-laws are not affected by (

a) the fact that no member ofthe public is appointed as a mem­ ber of the Committee, (

b) the revocation ofthe appointment of a member ofthe public, or (

c) the resignation as a member of the Committee of a member of the public.

(6) The failure of a member ofthe public appointed to the Discipline Committee to attend a meeting of the Committee shall not be con­ stmed to affect or restrict the Committee from exercising any powers or performing any duties under this Act, the regulations or the by­ laws at that meeting. 30 The Discipline Committee or a person appointed by it shall forthwith upon the receipt of a complaint appoint a person to con­ duct a preliminary investigation with respect to the matter. 31 The Registrar shall forthwith send notice in writing to the in­ vestigated person that a preliminary investigation is being conducted. 32(1) A person conducting a preliminary investigation may (

a) require the investigated person to produce to him any reports, books, papers or other documents or records, radiographs, pho­ tographs, specimens or materials in the investigated person's pos­ session or under his control, and (

b) copy and keep copies for the purposes of this Part of any of the documents or records that are produced to him. 17

Report to the Discipline Committee Termination of investigation Duty of Discipline Committee Further investigation

(2) A person conducting a prehminary investigation into the conduct of a registered veterinarian, permit holder or student may investigate any other matter regarding the conduct of the investigated person that arises in the course of the investigation. 33 The person conducting a preliminary investigation shall, forth­ with on concluding the preliminary investigation, report his findings to the Discipline Committee. 34(1) The Discipline Committee may terminate an investigation at any time if it is of the opinion that (

a) the complaint is frivolous or vexatious, or (

b) there is insufficient evidence of unskilled practice of the profession or unprofessional conduct.

(2) On terminating an investigation the Discipline Committee shall direct the Registrar to serve on the investigated person and on the complainant, if any, a notice that the investigation has been termi­ nated.

(3) A complainant who is served with a notice under subsection (2) may, by notice in writing to the Registrar within 30 days of receipt of the notice under subsection (2), appeal that decision to the Coun­ cil,

(4) On an appeal under subsection (3), the Council shall determine whether (

a) the complaint is frivolous or vexatious, (

b) there is insufficient evidence of unskilled practice of the profession or unprofessional conduct, or (

c) the matter should be referred to the Discipline Committee for a hearing in accordance with this Part, and shall notify the complainant, the investigated person and the Discipline Committee in writing of its decision.

(5) If the Council finds that the complaint is frivolous or vexatious it may order the complainant to pay the costs, determined in accord­ ance with the regulations, of the preliminary investigation and the appeal before the Council. 35(1) If the investigation is not terminated under

section 34, the Discipline Committee shall hold a hearing into the complaint forth­ with.

(2) The Registrar shall serve on the investigated person and on the complainant, if any, a notice of hearing stating the date, time and place at which the Discipline Committee will hold the hearing and giving reasonable particulars of the conduct or complaint in respect of which the hearing will be held. 36(1) The Discipline Committee may investigate and hear any other matter conceming the conduct of the investigated person that arises in the course of the preliminary investigation or the hearing, but m that event the Committee shall declare its intention to investigate 18

Suspension pending investigation and hearing Right to counsel and to appearance Proceedings in camera Evidence Witnesses and hear the further matter and shaU permit the person sufficient opportunity to prepare his answer to the further matter.

(2) Sections 38 to 44 apply to an investigation and hearing of a further matter under subsection (1). 37(1) Notwithstanding anything in this Act, the Discipline Commit­ tee may suspend the registration of a registered veterinarian, permit holder or student pending a prehminary investigation or a decision by the DiscipUne Committee under

section 44, 45 or 46.

(2) An investigated person may, by fiUng an originating notice with the Court of Queen's Bench and serving a copy on the Registrar, apply for an order of the Court of Queen's Bench staying a suspen­ sion by the Disciphne Committee under subsection (1). 38 The Association and the investigated person may appear and be represented by counsel at a hearing before the Discipline Committee. 39 All proceedings under this Part except those before the Court of Queen's Bench or the Court of Appeal shall be held in camera. 40(1) Evidence may be given before the Discipline Committee in any manner that the Committee considers appropriate, and the Com­ mittee is not bound by the mles of law respecting evidence applicable to judicial proceedings.

(2) For the purposes of an investigation, hearing or review under this Act, the Registrar or any member of the Council, the Discipline Committee or the Practice Review Board is conferred with the power of a commissioner for oaths under the Commissioners for Oaths Act. 41(1) The investigated person and any other person who in the opin­ ion of the Discipline Committee has knowledge of the complaint or any conduct being investigated is a compellable witness in any pro­ ceeding under this Part.

(2) A witness may be examined on oath on all matters relevant to the investigation or hearing and shall not be excused from answering any question on the ground that the answer might (

a) tend to incriminate him, (

b) subject him to punishment under this Part, or (

c) tend to establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act or regulations under any Act, but if the answer so given tends to incriminate him, subjects him to punishment or tends to establish his liability, it shall not be used or received against him in any civil proceedings or in any proceedings under any other Act.

(3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court of Queen's Bench on an appli- 19

Enforcement of attendance and production of documents Failure to give evidence cation ex parte by the Association may direct the issuing of a com­ mission for the obtaining of the evidence of the witness, and the commission shall be issued and the evidence taken pursuant to the Alberta Rules of Court. 42(1) The attendance of witnesses before the Discipline Committee and the production of reports, books, papers and other documents or records, radiographs, photographs, specimens or materials may be enforced by a notice issued by the Registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the documents, records or materials, if any, he is required to produce.

(2) On the written request ofthe investigated person or of his coun­ sel or agent, the Registrar shall without charge issue and deliver to that person or his counsel or agent any notices that he may require for the attendance of witnesses or the production of documents, rec­ ords or materials,

(3) A witness, other than the investigated person, who has been served with a notice to attend or a notice for the production of documents or records under subsection (1) or (2) is entitled to be paid the same fees as are payable to witnesses in an action in the Court. 43(1) Proceedings for civil contempt of court may be brought against a witness (

a) who fails (

i) to attend before the Discipline Committee in compliance with a notice to attend, (ii) to produce any books, papers or other documents or rec­ ords, radiographs, photographs, specimens or materials in compliance with a notice to produce them, or (iii) in any way to comply with either notice. Finding by the Discipline Committee or (

b) who refuses to be swom or to answer any question directed to be answered by the Discipline Committee.

(2) If the witness referred to in subsection (1) is the investigated person, his failure or refusal may be held to be unprofessional con­ duct.

(3) The Disciphne Committee, on proof of service of the notice of hearing on the investigated person and the complainant, if any, may (

a) proceed with the hearing in the absence of either or both of those persons, and (

b) act on the matter being heard in the same way as though either or both of those persons were in attendance. 44(1) The Discipline Committee may find that the conduct of an investigated person constitutes neither unskilled practice of the profession nor unprofessional conduct. 20

(2) The DiscipUne Committee may find that the conduct of an in­ vestigated person constitutes unskilled practice of the profession or unprofessional conduct or both and shall deal with the investigated person in accordance with this Part. Powers ofthe 45(1) If the Discipline Committee finds that the conduct ofthe in- Committee vcstigatcd pcrsou is unprofessional conduct or unskilled practice of the profession or both, the Discipline Committee may make any one or more of the following orders: (

a) reprimand the investigated person; (

b) suspend the registration ofthe investigated person for a spec­ ified period; (

c) suspend the registration ofthe investigated person either gen­ erally or from any field of practice until (

i) he has completed a specified course of studies or obtained supervised practical experience, or (ii) the Discipline Committee is satisfied as to the compe­ tence of the investigated person generally or in a specified field of practice; (

d) accept in place of a suspension the investigated person's un­ dertaking to limit his practice; (

e) impose conditions on the investigated person's entitiement to engage in the practice of the profession generally or in any field of the practice, including the conditions that he (

i) practise under supervision, (ii) not engage in sole practice, (iii) permit periodic inspections by a person authorized by the Discipline Committee, or (iv) report to the Discipline Committee on specific matters; (0 direct the investigated person to pass a particular course of study or satisfy the Discipline Committee as to his practical com­ petence generally or in a field of practice; (

g) direct the investigated person to satisfy the Discipline Com­ mittee that a disability or addiction can be or has been overcome, and suspend the person until the Discipline Committee is so satisfied; (

h) require the investigated person to take counselling that in the opmion ofthe Disciplme Committee or the Practice Review Board is appropriate; (

i) direct the investigated person to waive, reduce or repay a fee for services rendered by the investigated person that, in the opin­ ion of the Discipline Committee, were not rendered or were im­ properly rendered;

G) cancel the registration ofthe investigated person; 21

(

k) any other order that it considers appropriate in the circum­ stances.

(2) If the Discipline Committee is satisfied that an investigated per­ son has contravened an order under subsection (1), it may, without the necessity of a further hearing, cancel or suspend the registration of the investigated person subject to any terms it considers appro­ priate. Order to pay 46(1) The Discipline Committee may, in addition to or instead of costs or a fine dealing with the investigated person in accordance with

section 45, order that the investigated person pay (

a) aU or part of the costs of the hearing in accordance with the regulations, (

b) a fine not exceeding $10 000 to the Association, or (

c) both the costs under clause (

a) and a fine under clause (b), within the time fixed by the order.

(2) If the investigated person ordered to pay a fine, costs or both under subsection (1) fails to pay the fine, costs or both within the time ordered, the DiscipUne Committee may suspend the registration of that person until he has paid the fine, costs or both. Debt to 47 A fine or costs ordered to be paid to the Association under this Association p^^^ -^ ^ ^^^^^ ^^^ ^^ ^j^^ Associatiou and may be recovered by the Association by civil action for debt. Service of Avritten 48(1) The Discipline Committee shaU, within a reasonable time after decision ^^^ couclusion of a hearing, make a written decision on the matter, in which it shall (

a) describe each finding made in accordance with this Part, (

b) state the reasons for each finding made, and (

c) state any order made under this Part.

(2) The Discipline Committee shall immediately forward to the Re­ gistrar (

a) the decision, and (

b) the record ofthe hearing, consisting of all evidence presented before it, including (

i) all exhibits, (ii) all documents and records, and (iii) all testimony given before it, whether recorded electron­ ically, mechanically or in handwritten form.

(3) The Registrar shall, immediately on receiving the decision and the record of the hearing referred to in subsection (2), serve (

a) a copy ofthe decision on the investigated person, and (

b) a notice of the nature of the decision on the complainant, if any. 22

Suspension or cancellation pending appeal Appeal to Council Time of appeal

(4) The investigated person or his counsel or agent may examine the record or any part of the record of the proceedings and hear any recording or examine any mechanical or handwritten form of record of any testimony. 49(1) Notwithstanding an appeal under this Part, the Discipline Committee may order that its decision remain in effect until the time that the Council or the Court of Appeal, as the case may be, makes its decision on the appeal.

(2) An investigated person may, by fiUng an originating notice with the Court of Queen's Bench and serving a copy on the Registrar, apply for an order ofthe Court of Queen's Bench staying the decision of the DiscipUne Committee pending the determination of the ap­ peal, 50(1) An investigated person may appeal to the Council (

a) a finding made by the Discipline Committee in accordance with

section 44, (

b) an order ofthe Discipline Committee under

section 45 or 46, or (

c) a finding referred to in clause (

a) and an order referred to in clause (b),

(2) The Council, of its own volition, may review (

a) a finding made by the Discipline Committee in accordance with

section 44, (

b) an order ofthe Discipline Committee made under

section 45 or 46, or (

c) a finding referred to in clause (

a) and an order referred to in clause (b),

(3) An appeal or a review shall be commenced by a written notice that shall (

a) describe the finding or order appealed from or to be reviewed, (

b) state the reasons for the appeal or review, and (

c) be served on the Registrar or the investigated person, as the case may be, not more than 30 days after the date that the deci­ sion ofthe Discipline Committee was served on the investigated person.

(4) The Registrar shall make the record of the hearing before the Discipline Committee available to each member ofthe Council.

(5) This Part applies to a review as if it were an appeal under sub­

section (I). 51(1) The Council, on receiving a notice under

section 50, shall serve on the investigated person a notice of hearing stating the date, time and place that the Council will hear the matter.

(2) The Council shall hear an appeal forthwith. 23

Powers of 52(1) A member of the Discipline Committee who is also a member OT appISf * of ^^^ Council may participate in an appeal before the Council but shaU not vote in a decision of the Council on the appeal.

(2) The Council on an appeal may do any or all of the foUowing: (

a) grant adjoumments of the proceedings or reserve the deter­ mination of the matters before it for a future meeting of the Council; (

b) receive further evidence on granting special leave for that purpose; (

c) draw inferences of fact and make a determination or finding that in its opinion ought to have been made by the Discipline Committee; (

d) order that the matter be referred back to the Discipline Com­ mittee.

(3) Sections 38 to 44, 48 and 49 apply with all necessary modifica­ tions to the hearing of an appeal by the Council.

(4) The Council shall forthwith after the date ofthe conclusion of all proceedings before it (

a) make any finding as to the conduct ofthe investigated person that in its opinion ought to have been made by the Discipline Committee, (

b) quash, vary or confirm the finding or order of the Disciphne Committee or substitute or make a finding or order of its own, or (

c) refer the matter back to the Discipline Committee for fiirther consideration in accordance with any direction that the Council may make.

(5) The Council may order the investigated person to pay the costs ofthe appeal determined in accordance with the regulations. Appeal to 53(1) An investigated person may appeal to the Court of Appeal any the Court finding or order made by the Council under

section 52.

(2) The Association shall be the respondent in an appeal under sub­ section (1) and may make representations on the hearing ofthe ap­ peal.

(3) An appeal under this

section shall be commenced (

a) by filing a notice of appeal with the Registrar ofthe Court of Appeal in Edmonton or Calgary, and (

b) by serving a copy ofthe notice of appeal on the Registrar, both within 30 days from the date on which the decision of the Council is served on the investigated person. Order for stay 54 The appellant may, after commencing an appeal to the Court of pending appeal ^^^^^^ ^^^ ^^ ^^^^^^ ^^ ^hc Registrar, apply to the Court of Appeal for an order staying all or any part of the order or decision of the Council appealed pending the determination of the appeal. 24

Material in 55(1) An appeal under

section 53 shall be supported by copies, cer- support of appeal ^-g^^j ^y ^jjg Registrar, ofthe decision ofthe Council, the record of the appeal before the Council and any evidence received by the Council.

(2) The Registrar, on being paid any disbursements and expenses and on the request of the appeUant or his sohcitor or agent, shall fumish to the appeUant or his solicitor or agent the number of copies so requested ofthe documents mentioned in subsection (1). Power of the Court of Appeal Fraudulent registration Surrender of certificates 56(1) The Court of Appeal on hearing the appeal may do any or all of the following: (

a) make any finding that in its opinion ought to have been made; (

b) quash, confirm or vary the order or decision of the Council or any part of it; (

c) refer the matter back to the CoimcU for further consideration in accordance wdth any direction ofthe Court of Appeal; (

d) direct that a new trial of any mixed questions of law and fact relating to a finding or order or both a finding and an order of the Council made under this Part be held before the Court of Queen's Bench.

(2) The Court of Appeal may make any award as to the costs of an appeal to it that it considers appropriate. 57(1) If the Council is satisfied, after a hearing on the matter, that a person whose registration is entered in the register obtained registra­ tion by means of any false or fraudulent representation or declara­ tion, either oral or written, the CouncU shall order that his registra­ tion be cancelled.

(2) The provisions ofthis Part respecting the procedures ofthe Dis­ cipline Committee apply to a hearing held by the Council under subsection (1). 58(1) If the registration of a registered veterinarian or permit holder has been cancelled or suspended under this Part, he shall forthwith surrender to the Registrar any certificate or permit issued to him.

(2) If the registration of a registered veterinarian or permh holder has been cancelled under this Part, the registration shaU not be rein­ stated in the register except by order of the CouncU, the Court of Queen's Bench or the Court of Appeal.

(3) No order shall be made under subsection (2) within 1 year after (

a) the date on which the registration was cancelled, or (

b) if an order was granted staying the imposition of a punish­ ment imposed by the Council and the punishment is later con­ firmed by a Court, the date on which the Court made its order confirming the punishment.

(4) A member of the Council who is a member of a committee of inquiry appointed pursuant to the regulations to consider an appli­ cation under this Part for reinstatement of registration may partici- 25

Misrepresenta­ tion of status Publication pate m or vote at any proceedings ofthe CouncU under this section, and the Registrar and the Association's solicitor may participate in those proceedings. 59 The conduct of a person who is or was registered as a registered veterinarian or permit holder who represents or holds out that he is registered and in good standing whUe his registration is suspended or canceUed may be dealt with as being unprofessional conduct in ac­ cordance with this Part. 60 After a finding or order is made by the Disciphne Committee, the Council or the Court of Appeal under this Part, the name ofthe investigated person may be pubUshed in accordance with the regu­ lations.

Service of documents R^trar's certificate Liability to others

PART 6 GENERAL 61 When this Act, the regulations or the by-laws require that a document or notice be given or served on any person, the document or notice is sufficiently given or served if it is served personaUy on that person or sent to him by registered maU at his address last shown on the relevant register or, if personal service or service by maU is not reasonably possible, by publishing the document at least twice, and not more than a week apart, in a local newspaper circulating at or near the address last shown for that person in the relevant register. 62(1) A certificate purporting to be signed by the Registrar and stat­ ing that a named person was or was not, on a specified day or during a specified period, (

a) a registered veterinarian, or (

b) an officer of the Association or a member of the Council shall be admitted in evidence as prima facie proof of the facts stated in it without proof of the Registrar's appointment or signature.

(2) A certificate purporting to be signed by the Registrar and stating that a named corporation, partnership or other association of persons was or was not, on a specified day or during a specified period, a permit holder shall be admitted in evidence as prima facie proof of the facts stated in it without proof of the Registrar's appointment or signature. 63(1) The relationship between a permit holder engaged in the prac­ tice of veterinary medicine and a person receiving the professional services of the permit holder is subject to this Act, the regulations and any other law applicable to the relationship between a registered veterinarian and his client.

(2) The relationship of a registered veterinarian to a permit holder, whether as member, shareholder or employee of the permit holder, does not affect, modify or diminish the application of this Act, the regulations and by-laws (

a) to him personally as a registered veterinarian, or 26

Protection from liability Practice prohibitions (

b) to the relationship between the registered veterinarian and his client. 64(1) No action lies against (

a) any person conducting a preliminary investigation, a member of the Discipline Committee, the Practice Review Board, the Council or the Registration Committee, the Registrar, the Asso­ ciation or any person acting on the instmctions of any of them, or (

b) any member, officer or employee of the Association for anything done by him in good faith and in purporting to act under (

c) this Act, (

d) the regulations, or (

e) a by-law that relates to or is incidental to a professional mat­ ter or a matter of public interest that is or may be the subject of a regulation under

section 13.

(2) No action for defamation may be founded on a communication that consists of or pertains to a complaint regarding the conduct of a registered veterinarian, permit holder or student, if the communica­ tion is published to or by (

a) the Association, (

b) a member of the Council, the Disciphne Committee, the Practice Review Board or the Registration Committee, (

c) a person conducting a preliminary investigation, (

d) an officer or employee ofthe Association, or (

e) a person acting on the instmctions of any of them in good faith in the course of investigating the complaint or in the course of any proceedings under

Part 5 relating to the complaint.

PART 7 PROHIBITIONS AND PENALTIES 65(1) A person whose registration as a registered veterinarian or per­ mit holder is cancelled or suspended under this Act shall not, without the consent ofthe Council, engage in the practice of veterinary med­ icine or directly or indirectly associate himself or itself in the practice of veterinary medicine with any other registered veterinarian or per­ mit holder.

(2) No registered veterinarian or permit holder shall, except with the consent of the Council, associate in the practice of veterinary medi­ cine directly or indirectly with or employ in connection with his practice a person whose registration has been cancelled or suspended under this Act.

(3) The CouncU may permit a registered veterinarian or permh holder to employ in connection with his practice a person whose registration 27

Penalties Onus of proof has been cancelled or suspended under this Act, but the employment shall be in the capacity and subject to the terms and conditions that are prescribed by the Council. 66(1) Every person and every member, officer, employee or agent of a partnership or other association of persons, a society or a corpo­ ration who contravenes

Part 1,

section 24(2)(b),

section 25(4) or this

Part is guilty of an offence and liable (

a) for the 1st offence, to a fine of not more than $2000, (

b) for the 2nd offence, to a fine of not more than $4000, and (

c) for the 3rd and each subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(2) A prosecution under this

section may be commenced within 2 years after the commission ofthe alleged offence, but not afterwards. 67 In a prosecution under this Act, the burden of proving that a person is a registered veterinarian or permit holder is on the accused. Registration continued

PART 8 TRANSITIONAL AND CONSEQUENTIAL 68(1) In this Part, 'former Act" means the Veterinary Surgeons Act, being

chapter V-3 ofthe Revised Statutes of Alberta 1980.

(2) An individual who holds a certificate of registration under

section 12 of the former Act is deemed to be a registered veterinarian and the holder of a certificate of registration and an annual certificate under this Act.

(3) The Registrar shaU register the names of those individuals referred to in subsection (2) in the register established pursuant to this Act. ^°nT'' T'"^''^ ^® -^^^ members of the council of management of the Association elected under the former Act are deemed to be members ofthe Council under this Act, elected for the same period and holding the same offices. Application for registration continued 70 An application for registration made but not concluded before the coming into force ofthis Act shaU be dealt with under the former Act.

Discipline proceedings continued 71 Any discipline proceedings that were commenced but not con­ cluded before the coming into force of this Act shall be concluded under the former Act as if this Act had not come into force. RSA"I*98O ^^ •^^^ Agrologists Act is amended in

section 31 by striking out '^ ''^ "member of the Alberta Veterinary Medical Association under the Veterinary Surgeons Act" and substituting "registered veterinarian or permit holder under the Veterinary Profession Act". Amends RSA 1980 cA-42 73 The Animal Protection Act is amended in

section 1(

f) by striking out "member of the Alberta Veterinary Medical Association" and substituting "registered veterinarian". 28

Amends 74 The Department of Social Services and Community Health Aci RSA 1980 cD-27 ^^ amended in

section 10(1) by striking out "veterinary surgeon" and substituting "registered veterinarian". Amends 75 The Licensing of Trades and Businesses Act is amended in sec- RSA i980cL-i3 ^j^^ 2(

b) by striking out "Veterinary Surgeons Act" and substituting "Veterinary Profession Act". Amends RSA 1980 cL-17 Amends RSA 1980cL-22 76 The Liquor Control Act is amended (

a) in

section 58(2)(

o) by striking out "veterinaries" and substi­ tuting "registered veterinarians or permit holders imder the Vet­ erinary Profession Act"; (

b) in

section 90 by striking out "veterinary" and substituting "registered veterinarian or permit holder under the Veterinary Profession Act". 77 The Livestock Diseases Act is amended (

a) in

section 2(1) by striking out "members of the Alberta Vet­ erinary Medical Association" and substituting "registered veteri­ narians"; (

b) in

section 3(1) by striking out "veterinarian who is a member of the Alberta Veterinary Medical Association" and substituting "registered veterinarian"; (

c) in

section 9 by striking out "veterinary surgeons" and substi­ tuting "registered veterinarians or permit holders under the Vet­ erinary Profession Act". Amends 78 The Meat Inspection Act is amended in

section l(

j) by striking RSA 1980CM-10 ^^^ "Veterinary Surgeons Act" and substituting "Veterinary Profes­ sion Act". Amends RSA 1980 cP-7 79 The Pharmaceutical Association Act is amended (

a) in

section l(

i) by striking out "veterinary surgeon" and sub­ stituting "registered veterinarian"; (

b) in

section 37(l)(

c) by striking out "veterinary surgeons" and substituting "registered veterinarians"; (

c) in

section 45 by striking out "veterinary surgeon" and substi­ tuting "veterinarian"; (

d) in

section 49(5) by striking out "veterinary surgeon or a po­ diatrist or on the prescription of a physician, dentist, veterinary surgeon" and substituting "registered veterinarian or permit holder under the Veterinary Profession Act or a podiatrist or on the pre­ scription of a physician, dentist, registered veterinarian"; (

e) in

section 58(l)(

b) by striking out "veterinary surgeon" and substituting "veterinary medicine"; (

f) in

Schedule 1 by striking out "veterinary surgeon or dentist, or on the prescription of a physician, veterinary surgeon" and substituting "registered veterinarian or permit holder under the 29

Veterinary Profession Act or dentist or on the prescription of a physician, registered veterinarian". Amends 80 The RcuUological Technicians Act is amended by repealing sec- RSA1980 cR-3 fi^^ jj^^j ^„^ substituting the following: (

d) a registered veterinarian or permit holder under the Veteri­ nary Professions Act. Repeals 81 The Veterinary Surgeons Act is repealed. RSA 1980 cV-3 Coming 82 Thls Act comes into force on Proclamation. into force 30 Title: 1984 (20th, 2nd) Bill 26, Veterinary Profession Act