First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 34

AN ACT TO REVISE THE

LAW ABOUT VETERINARY MEDICINE

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE EDWARD J. BYRNE

Minister of Natural Resources

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is set out

in the

Long Title.

A BILL

AN ACT TO REVISE THE LAW ABOUT VETERINARY

MEDICINE

Analysis

Short title

Definitions

Exclusions

Application to Crown

PART

COLLEGE

College

Governing board

Appointed director

Board meetings

Membership

Election

Voting by mail or electronically

Eligibility for election

Term of office

Registrar

Resignation

By-laws

Meeting of the college

Annual report

PART

LICENSING

Application for licence

Licence

Conditional temporary licence

Refusal of licence

Annual renewal

Operation of veterinary clinics

Licensing of veterinary clinics

Control of veterinary clinics

Inspection

Standards of practice

Continuing education

Prohibitions

Veterinary technologist

PART

III

DISCIPLINE

Definitions

Disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization

Adjudication tribunal

Hearing

Guilty plea

Powers of adjudication tribunal

Filing of decisions and publication

Failure to comply

Reinstatement

Costs of college

Collection of fine

Appeal to Trial Division

PART

ASSOCIATION

Association

PART

GENERAL

Regulations

Offence

Liability

Liability of members

Transition

RSNL1990 cA-7

Amdt.

RSNL1990 cA-10

Amdt.

SNL1994 cP-12.1

Amdt.

RSNL1990 cV-4

Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Veterinary

Medical Act, 2004 .

Definitions

2. In

this Act

(a) "animal" means a member of the

animal kingdom, other than a human being;

(b) "association" means the Newfoundland and

Labrador Veterinary Medical Association continued under

section 47;

(c) "board" means the governing board of

the college referred to in

section 5;

(d) "by-laws" means the by-laws of the

college made under this Act or the Corporations

Act ;

(e) "college" means the Newfoundland and

Labrador College of Veterinarians continued under

section 5;

(f) "licence" means a licence issued

under

section 20, 21, 23 or 25;

(g) "member" means a member in good

standing of the college;

(h) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(i) "veterinary clinic" means a place

from which a person practises veterinary medicine; and

(j) "veterinary medicine" means

veterinary medicine, surgery, pathology and dentistry and includes

(

i) the diagnosing, prescribing, treating,

manipulating and operating for the prevention, alleviation or correction of a

disease, injury, pain or other similar condition in or of an animal,

(ii) the giving of advice in respect of anything

mentioned in this paragraph with a view to obtaining a fee or other

remuneration, and

(iii) the performance of procedures and use of

equipment as may be prescribed in regulations made under

section 48.

Exclusions

3. Notwithstanding

paragraph 2(

j) or

section 24 or 30, a person not authorized under this Act may

carry out the following activities:

(

a) the administration of first aid or

temporary assistance to an animal in an emergency without expectation of

remuneration;

(

b) the treatment of an animal by its owner, by a

member of the owner's household, or by his or her agent who is regularly

employed in agricultural work in accordance with regulations made by the board

under

section 48;

(

c) the performance of procedures on an animal

under the supervision, and at the direction, of a person licensed under

section

20, 21 or 23 in accordance with regulations made by the board under

section 48;

(

d) the use of an animal in research using

acceptable veterinary procedures where the use of the animal has been approved

by an animal care committee acting in accordance with the guidelines of the

Canadian Council on Animal Care; and

(

e) the performance of procedures on an animal by

an employee of the Crown in a classification designated by the board in accordance

with rules established by the board.

Application to

Crown

4. This

Act binds the Crown.

PART I

COLLEGE

College

5. The

Newfoundland and Labrador Veterinary Licensing Board is continued under the name

Newfoundland and Labrador College of Veterinarians as a corporation without

share capital for the purposes of

Part XXI of the Corporations Act .

Governing board

(1) There

shall be a board responsible for governing the college, which consists of

(a) 4 directors elected from and by the members in

accordance with

section 10;

(

b) one director appointed under

section 7 who is

not a veterinarian; and

(

c) the registrar elected in accordance with

section 10, who shall not vote on a matter before the board.

(2) Elected directors shall serve without payment

for their services, but their travel and other expenses associated with their

duties as directors may be paid by the college, in accordance with the by-laws.

(3) The college may pay the registrar for

performing his or her duties under this Act, in accordance with the by-laws.

(4) The board governs the college and may exercise

the powers of the college in the name and on behalf of the college.

(5) The board shall elect a chairperson who chairs

all meetings of the college and the board.

Appointed

director

(1) The

minister shall appoint as a director one person who is suitable to represent

the point of view of persons in the province who use or may need to use the

services of members.

(2) A person appointed under subsection (1) holds

office for a term of 2 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 4 consecutive years the person is not eligible for

appointment as a director until the expiration of 12 months from the end of the

year in which he or she last held office as a director.

(4) Where the term of office of an appointed

director expires, he or she continues to be a director until re-appointed or

replaced.

(5) The college shall pay the expenses of a

director appointed under this

section in accordance with guidelines established

by the Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may be

removed from office by the minister before the expiration of his or her term of

office and no compensation shall be paid to him or her other than an amount

owing under subsection (5).

(7) A person appointed under subsection (1) may

resign the office of director by written notice to the minister.

Board meetings

(1) A quorum of the board is 3 directors, one of whom shall be the appointed

director.

(2) Except where prohibited in the by-laws, a

director may, where all the directors consent, participate in a meeting of the

board by means of the telephone or other telecommunication device that permits

all persons participating in the meeting to communicate with each other.

Membership

(1) All persons who hold a veterinary licence issued under

section 20, 21 or 23 are

members of the college.

(2) The board may admit persons to other classes

of membership in accordance with the by-laws.

Election

(1) An

election shall be held before the end of a term of a director or the registrar

to fill the upcoming vacancy.

(2) Every member in good standing on the date that

nominations close for an election may vote at an election.

Voting by mail or

electronically

(1) Members

of the college may vote by mail or by electronic means in an election where

permitted by the by-laws.

(2) Where the by-laws permit voting by mail or by

electronic means, the board shall in the by-laws make the rules that are

necessary to carry out the election.

Eligibility for

election

12. A

person who is a member in good standing on the day on which the election takes

place is eligible for election as a director or the registrar.

Term of office

(1) An

elected director holds office for a term of 3 years and is eligible to be

re-elected.

(2) Where a director holds office for a period of

9 consecutive years the director shall not be eligible for election as a

director until the expiration of 12 months from the end of the year in which he

or she last held office as a director.

(3) Where the term of office of a director

expires, he or she continues to be a director until re-elected or replaced.

Registrar

(1) The

registrar holds office for a term of 3 years and is eligible to be re-elected.

(2) The registrar is the secretary of the college

and shall

(

a) keep a record of the proceedings of the

college in the form required by the by-laws; and

(

b) prepare and maintain a register containing the

names of all members of the college, all persons holding licences issued under

this Act and other information that may be required by the by-laws.

(3) The registrar shall make the registers of the

college available for inspection by the public on reasonable notice and at

reasonable hours.

Resignation

15. An

elected director or the registrar may resign his or her office by written

notice to the board.

By-laws

(1) The

board may make by-laws that are not inconsistent with this Act about the

administration of the college, the board and this Act and in particular about

(

a) the holding and procedure of its meetings;

(

b) the appointment of committees and the duties

and responsibilities of those committees;

(

c) conflict of interest rules for directors;

(

d) the payment of travel and other expenses of

elected members of the board;

(

e) payment of the registrar;

(

f) limiting the participation of members at a

meeting of the board by telephone or other telecommunications device under

section 8;

(

g) other classes of membership and the rules of

eligibility for those classes;

(

h) providing for voting by members at an election

or meeting of the college by mail or electronic means;

(

i) recording the proceedings of the college;

(

j) the contents of the register required under

section 14;

(

k) setting fees for veterinary and clinic

(

l) standards of practice for veterinarians and

veterinary clinics;

(

m) continuing education requirements for members;

and

(

n) a code of ethics which may include a

definition of "professional misconduct", professional incompetence

and "conduct unbecoming" for the purpose of

section 32.

(2) A by-law, and an amendment or repeal of a

by-law may be approved at a meeting of the college, provided that 30 days

notice, in writing, of the proposed by-law, amendment or repeal is sent to each

member.

(3) The college shall have its by-laws available

for inspection by the public on reasonable notice and at reasonable hours.

Meeting of the

college

(1) The

college shall hold an annual general meeting at which an auditor shall be

appointed to audit the accounts of the college and report on the financial

statements prepared by the board.

(2) Ten members are a quorum at a meeting of the

college.

(3) Where a quorum exists, a majority of that

number is sufficient to make a decision of the college, and in the event of a

tie the chairperson of the meeting shall cast the deciding vote.

(4) The college may in its by-laws provide for

voting at a meeting of the college by mail or electronic means.

(5) The annual general meeting may be held at the

same time as an election under

section 10.

Annual report

(1) The

board shall prepare and submit to the minister before

July 1 in a year,

(

a) a report on the activities of the board; and

(

b) the board's audited financial statements.

(2) Where the board fails to comply with

subsection (1), the board is guilty of an offence and on

summary conviction may

be fined $1,000.

PART II

LICENSING

Application for

licence

(1) A

person may apply for a veterinary

licence where he or she

(

a) has received a degree in veterinary medicine

from an institution recognized by the college;

(

b) has passed an examination that meets the

standards of the National Examining Board of the Canadian Veterinary Medical

Association; and

(

c) meets the other requirements that may be set

by the board in the regulations.

(2) An application shall be directed to the

registrar who may issue a veterinary licence in accordance with subsection

20(1).

(3) Where an application is referred by the

registrar, the board may direct that a veterinary licence be granted

immediately or require that the applicant undergo further examination and

appear before the board.

(4) Notwithstanding subsection (1), a person

licensed to practise veterinary medicine in another Canadian jurisdiction may

apply for a veterinary licence where he or she meets the requirements set by

the board in the regulations.

Licence

(1) The

registrar shall issue a veterinary licence to an applicant in accordance with

section 19 where the

applicant

(

a) pays the registration fee set by the board;

(

b) proves that he or she has paid the annual fee

set by the association;

(

c) proves that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board;

(

d) establishes that he or she is not suspended or

restricted with respect to the practice of veterinary medicine by a college or

equivalent body governing the practice of veterinary medicine in a jurisdiction

outside the province; and

(

e) pays outstanding fines, penalties or fees,

which are owed to the college.

(2) A licence issued under this Act shall, unless

it is cancelled or suspended, expire at midnight on December 31 of the

calendar year for which it was issued.

(3) Notwithstanding paragraph (1)(d), where an

applicant is under restrictions with respect to the practice of veterinary

medicine in another jurisdiction, the board may direct the registrar to issue

and the registrar may issue, a licence with the same or similar restrictions.

Conditional temporary

licence

(1) The

registrar may issue a conditional temporary veterinary licence to a person,

upon receipt of the fee set in the by-laws, where he or she is satisfied that

the person is the holder of the qualifications set out in the by-laws.

(2) A conditional temporary licence issued under

this

section shall be subject to the terms, conditions and limitations that may

be set out in the licence and in the by-laws.

(3) The holder of a conditional temporary licence under

this

section has the right to engage in the practice of veterinary medicine

only under the terms, conditions and limitations set out in the licence and the

by-laws.

Refusal of

licence

(1) Where

the registrar refuses to issue a licence to a person, that person may appeal to

the board who may confirm the decision or direct the registrar to vary or

reverse it.

(2) The board shall decide the appeal under

subsection (1) without the registrar being present.

(3) A person aggrieved by a decision of the board

under this

section may, within 30 days after receiving notice of the decision,

appeal the decision or order to the Trial Division by filing a notice of appeal

with the Registrar of the Supreme Court.

Annual renewal

(1) A

person may renew a licence issued under

section 20 of this Act by applying to

the registrar and paying the fees set in the by-laws.

(2) The board may, as a condition of licence

renewal, require proof of active practice in accordance with standards that may

be set in the by-laws.

(3) The registrar shall issue a renewal licence to

a person who has applied and paid the fees and who is otherwise in compliance

with the Act.

Operation of

veterinary clinics

(1) A

person shall not carry on the practice of veterinary medicine from other than a

veterinary clinic.

(2) A person shall not

(

a) operate a veterinary clinic unless

(

i) it is licensed under this Act,

(ii) the practice of veterinary medicine from the

clinic is directed and controlled by a veterinarian, and

(iii) the clinic is operated in accordance with the

(

b) employ a person to practise veterinary

medicine who is not a veterinarian or otherwise authorized under this Act to

practise veterinary medicine; and

(

c) display on or in connection with premises

owned or leased by that person, corporation or business, the words

"veterinarian", "veterinary", "animal medicine"

or other words of similar meaning, unless those premises contain a veterinary

clinic licensed under this Act.

Licensing of

veterinary clinics

(1) A

person may apply to the registrar for a licence to operate a veterinary clinic.

(2) The board may in the by-laws establish

different classes of clinic licences and set different requirements and fees

for each class of licence.

(3) The registrar shall register a veterinary

clinic and annually issue a veterinary clinic licence to a clinic which

complies with this Act, the regulations and requirements which may be set in

the by-laws.

(4) The board shall set the fee for registration

and an annual licence in the by-laws.

(5) A veterinary clinic shall display in a

conspicuous place the licence issued under this

section and a notice in a form

prescribed by the college providing the name, address and phone number of a

representative of the college for the purpose of making an inquiry or a complaint.

(6) An application for a licence under this

section shall name a person who holds a veterinary licence who will be the

veterinarian in charge of the clinic.

Control of veterinary

clinics

(1) A

person who does not hold a veterinary licence issued under

section 20 shall not

direct or control the practice of veterinary medicine in a veterinary clinic.

(2) The veterinarian in charge of a veterinary

clinic operating under this Act shall ensure that the veterinary clinic is

operated in compliance with this Act and failure to do so constitutes

professional misconduct.

(3) Notwithstanding subsection (2), where a

veterinarian in charge of a veterinary clinic notifies the registrar of an

issue respecting the compliance of the clinic with this Act which is beyond the

control of the veterinarian, the board may decide not to proceed under

Part III

with respect to the conduct of the veterinarian.

Inspection

27. The

registrar, or a person authorized by the registrar, may inspect, during normal

business hours, a veterinary clinic or proposed veterinary clinic to determine

whether the clinic meets the standards prescribed in or under this Act.

Standards of practice

(1) The

board may in the by-laws prescribe standards of practice for veterinarians and

veterinary clinics.

(2) Notwithstanding subsection (1), the college

may adopt the code of ethics set by the association from time to time as, or in

addition to, the standards of practice.

Continuing education

29. The

board may in the by-laws require members to participate in a continuing

education program as a condition of their membership.

Prohibitions

(1) A

person shall not engage in or practise veterinary medicine unless they hold a

veterinary licence.

(2) A person shall not engage in or practise

licence issued under this Act.

(3) A person who does not hold a licence to

practise veterinary medicine shall not use the title "Veterinarian"

or "Veterinary Surgeon" or other words of similar meaning or hold

himself or herself out or conduct himself or herself in a manner that may

reasonably lead the public to infer that he or she is entitled to practise

veterinary medicine.

(4) A person shall not hold out that he or she is

a specialist in a particular field of veterinary medicine unless that person is

approved as a specialist in that field by the college in accordance with

criteria established by the board.

Veterinary technologist

(1) The

board may, with the approval of the minister, make regulations respecting

veterinary technologists, including

(

a) defining the term veterinary technologist and

classifying veterinary technologists;

(

b) prescribing the qualifications for each class

of veterinary technologists;

(

c) providing for the registration or

certification of persons in each class of veterinary technologists;

(

d) prescribing the services that may be provided

by each class of veterinary technologist;

(

e) establishing standards of practice for each

class of veterinary technologist;

(

f) providing a procedure to deal with complaints

about the conduct of and for disciplining veterinary technologists; and

(

g) other matters with respect to veterinary

technologist that the board considers necessary.

(2) A person who is not registered or certified by

the board as a veterinary technologist shall not use the title "veterinary

technologist" or "animal health technologist" or other words of

similar meaning or otherwise infer that he or she is entitled to use these

titles.

PART III

DISCIPLINE

Definitions

32. In

this Part

(a) "allegation" means a written

document alleging that a respondent has engaged in conduct deserving of

sanction;

(b) "chairperson of the board" includes

a person designated by the chairperson to act in his or her place;

(c) "complainant" means a person making

an allegation described in

section 34;

(d) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a member of the college,

(iv) acting in breach of this Act, the regulations

or the code of ethics made under

section 16, and

of a licence issued under this Act; and

(e) "respondent" means a member of the

college, a former member of the college or the holder of a licence to operate a

veterinary clinic against whom an allegation is made.

Disciplinary

panel

(1) The

disciplinary panel shall consist of at least 4 members of the college who shall

be appointed by the board and at least 2 persons who are not members of the

college who shall be appointed by the minister to represent the public interest.

(2) The board shall appoint a chairperson and

vice-chairperson from the members of the college appointed under subsection

(1).

(3) Where a member of the college is appointed

under subsection (1) he or she shall serve on the disciplinary panel unless the

board determines that he or she is unable to serve for reasons beyond his or

her control.

(4) Of the persons first appointed to the

disciplinary panel, one-half of the persons appointed by the board and one-half

of the persons appointed by the minister shall be appointed for a term of 2

years and the remainder shall be appointed for a term of 3 years, and all subsequent

appointments shall be for a term of 3 years.

(5) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(6) A person appointed to the disciplinary panel

may be re-appointed.

(7) The board and an adjudication tribunal

appointed under

section 37 may summon witnesses and require those witnesses to

give evidence orally or in writing upon oath or affirmation, and produce the

documents and things that may be considered necessary to the full investigation

and hearing of allegations and complaints and shall have the powers, privileges

and immunities that are conferred on commissioners appointed under the Public Inquiries Act.

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the registrar.

(2) The chairperson of the board may on his or

her own motion make an allegation and file it, and the allegation shall have

the same effect as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended by a governing body of a college in

another province or territory of Canada or another territory or country for

reason of professional misconduct, professional incompetence, or conduct

unbecoming a veterinarian, the information shall be dealt with by the registrar

as an allegation.

Effect of filing

allegation

(1) Where

it appears to the registrar that the allegation may be resolved satisfactorily

and where the complainant and the respondent consent, the registrar may attempt

to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), the registrar shall refer the

allegation to the board.

(3) The registrar shall inform a complainant and a

respondent of the referral of an allegation to the board.

Complaints authorization

(1) After

an allegation has been referred to the board, the board may exercise one or

more of the following powers:

(

a) refer the allegation back to the registrar for

further investigation or alternate dispute resolution in accordance with the

regulations;

(

b) conduct

an investigation itself or appoint a person to conduct an investigation on its

behalf; and

(

c) require the respondent to appear before it.

(2) Where the board is of the opinion that there

are no reasonable grounds to believe the respondent has engaged in conduct deserving

of sanction the board shall dismiss the allegation and give notice in writing

of the dismissal to the complainant.

(3) Where the board is of the opinion that there are reasonable grounds to believe

that a respondent has engaged in conduct deserving of sanction, the allegation

shall be considered as constituting a complaint, and the board may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

against the respondent and refer it to the disciplinary panel; and

(

c) at any time before a final determination by

the adjudication panel,

(

i) suspend or restrict the respondent's licence,

(ii) direct the registrar to conduct an

investigation of the respondent's practice or clinic.

(4) The registrar, a member of the board or a

person appointed to conduct an investigation under paragraph (1)(

b) or

subparagraph (3)(c)(ii) may, for the purpose of that investigation, require

(

a) the respondent to

(

i) undergo practical and other examinations he or

she considers necessary, and

(ii) permit the registrar, a member of the board or

another person appointed by the board to inspect the records of the respondent

and other documents relating to the subject matter of the investigation; and

(

b) another person to permit the registrar, a

member of the board or another person appointed by the board to inspect records

and other documents relating to the subject matter of the investigation held by

that person.

(5) Where the registrar, the board or another

person requests that a person provide information under subsection (4), that

information shall be provided, as requested, within 7 days of receipt of the

request or a different period as specified in the request.

(6) An action for damages does not lie against a

person to whom a request is made solely because he or she provides information

requested of him or her under subsection (4).

(7) A complainant whose allegation is dismissed by

the board under subsection (2) may appeal the dismissal to the Trial Division

within 30 days after receiving notice of the dismissal by filing a notice of

appeal with the Registrar of the Supreme Court.

Adjudication tribunal

(1) For

the purpose of dealing with a complaint referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from the panel an

adjudication tribunal consisting of 3 persons, of whom 2 shall be members of the

college and one shall be a member of the panel appointed to represent the

public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the members of the college on an adjudication tribunal to

be the chairperson of that tribunal.

Hearing

(1) Where

a complaint has been referred under paragraph 36(3)(b), an adjudication

tribunal shall hear the complaint.

(2) The parties to a hearing are the college and

the respondent and a party may be represented by counsel at a hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of

it, where it considers the desirability of protecting a party to the complaint

or another person against the consequences of possible disclosure of personal

matters outweighs the desirability of holding the hearing in public.

Guilty plea

(1) Where

a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty and

following submissions under subsection

(1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent's licence be

suspended for a fixed period that it considers appropriate, until conditions

which it may impose are fulfilled, or until further order of the adjudication

tribunal;

(

c) allow or direct the respondent to surrender

his or her licence to the board upon those conditions that may be considered

appropriate;

(

d) impose a fine to be paid to the college, not

to exceed $10,000;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the college in the investigation or hearing of

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 41(4) and other

information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or treatment,

(

v) engage in continuing education programs,

(vi) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(vii) notify his or her employers of the

respondent's disciplinary status,

(viii) give notice of an order made under this

section to a person affected by the conduct giving rise to the order,

(ix) restrict his or her professional practice or

clinic operation or continue his or her practice or clinic operation under specified

conditions, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

Powers of adjudication

tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complainant to the discipline panel was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the college to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent's licence be

suspended for a fixed period that it considers appropriate, until conditions

which it may impose are fulfilled, or until further order of the adjudication

tribunal;

(

c) allow or direct the respondent to surrender

his or her licence to the board upon those conditions that may be considered

appropriate;

(

d) impose a fine to be paid to the college, not

to exceed $10,000;

(

e) order that the respondent pay the costs or

a part of the costs incurred by the college in the investigation or hearing of

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 41(4) and other

information that the tribunal may specify;

(

g) make an order specified in paragraph 39(2)(g);

and

(

h) make another order that it may consider

appropriate.

Filing of

decisions and publication

(1) An adjudication tribunal shall file a decision or order made under subsection

39(2) or 40(3) with the registrar and provide a copy to the complainant, the

respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall, upon receiving a request to view the disciplinary

records in relation to a member, permit a person to view a

summary of a

decision prepared in accordance with subsection (4) where that member was the

respondent.

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal in a newspaper of general

circulation in or nearest to the community in which the respondent practises

within 14 days of the filing of the decision or order, where the decision or

order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published under this section.

(4) The

summary of the decision published under

subsection (1) shall include

(

a) the name of the respondent and the address of

the clinic where he or she practises veterinary medicine;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld; and

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (c).

(5) Where a decision published under this

section

is confirmed, varied or set aside the registrar shall within 14 days of the

filing of the subsequent decision or order publish a

summary of the decision or

order and subsections (3) and (4) shall apply with the necessary changes.

Failure to comply

(1) On

application by the board to the disciplinary panel, an adjudication tribunal,

whether or not it was the same tribunal that made the original decision or

order, may make an order suspending the licence of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under this Act.

(2) The parties to the application are the

college and the respondent who is the subject of the application.

(3) An order of an adjudication tribunal under

this

section may suspend the licence of the respondent for a fixed period that

the adjudication tribunal may consider appropriate, or until conditions which

it may impose are fulfilled, or until further order of the adjudication tribunal.

Supplementary

hearing

(1) Where

a decision or order of the adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the board for a supplementary hearing to discharge or vary the decision or

order based on the new evidence or material change in circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the

material change in circumstances has occurred.

(3) Where an application is made to the board

under subsection (1), and the board is of the opinion that new evidence has

become available or that a material change in circumstances has occurred, as

alleged by a respondent, the matter shall be referred to an adjudication

tribunal as if it were a matter referred under paragraph 36(3)(

b) and sections

38 to 42 apply, with the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the college.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 40, an

adjudication tribunal may

(

a) vary the original decision or order made under

section 40; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of college

(1) Where

a person who was ordered to pay the costs of the college under paragraph

39(2)(

e) or 40(3)(

e) fails to pay in the time required, the board may suspend

the licence of that person until the costs are paid.

(2) Costs ordered to be paid under paragraph

39(2)(

e) or 40(3)(

e) are a debt due the college and may be recovered by the college

by a civil action.

Collection of

fine

(1) Where an order is made under

section 39 or 40 imposing a fine on a respondent,

the college may issue a certificate stating the amount of the fine due and

remaining unpaid and the name of the person by whom it is payable, and file the

certificate with the Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On an application under subsection (3), the

judge may make any amendment to the certificate that is necessary to make the

certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(1) The

board or the respondent may, within 30 days after receiving notice of a

decision or order of an adjudication tribunal under this Act, appeal the

decision or order to the Trial Division by filing a notice of appeal with the

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

PART IV

ASSOCIATION

Association

(1) The

Newfoundland and Labrador Veterinary Medical Association is continued as a

corporation without share capital for the purposes of

Part XXI of the Corporations Act .

(2) The objects of the association are

(

a) to represent the veterinary profession in the

province, including advising and arbitrating about the terms of employment and

working conditions of veterinarians;

(

b) to promote and advance the art, science and

practice of veterinary medicine and to maintain the honour and integrity of the

veterinary profession;

(

c) to preserve and improve the professional

character and education of veterinarians; and

(

d) to establish and maintain standards of

professional conduct, knowledge, education, skill and ethics among its members.

PART V

GENERAL

Regulations

48. The

board may make regulations, with the approval of the minister

(

a) respecting the treatment of an animal referred

to in paragraph 3(b);

(

b) respecting the performance of procedures on an

animal under supervision referred to in paragraph 3(c);

(

c) establishing requirements for licensing as a

veterinarian and for licensing persons who are licensed to practise veterinary

medicine in another Canadian jurisdiction;

(

d) establishing different classes of veterinary

restrictions on the practice of veterinary medicine;

(

e) establishing requirements for the holder of a

licence to operate a veterinary clinic;

(

f) prescribing the procedures and use of

equipment that fall within the definition of veterinary medicine in

subparagraph 2(j)(iii);

(

g) establishing an alternate dispute resolution

process for complaints; and

(

h) prescribing time limits for events in the

disciplinary process in

Part III, including time limits for

(

i) the filing of an allegation,

(ii) the conduct of an investigation under

section

36,

(iii) consideration of an allegation by the board

following completion of an investigation,

(iv) responding to a complainant and respondent at

each stage of the process,

(

v) the conduct of a practice investigation under

subparagraph 36(3)(c)(ii),

(vi) the appointment of an adjudication tribunal

under

section 37, and

(vii) the conduct of a hearing and the filing of a

decision or order by an adjudication tribunal following completion of the

hearing.

Offence

49. A

person who contravenes this Act or the regulations commits an offence and is

liable on

summary conviction to a fine of not more than $5,000.

Liability

50. An

action for damages shall not lie against the college, board, disciplinary

panel, adjudication tribunal or the individual members of those bodies, the

registrar, or an officer or employee of the college for

(

a) an act or failure to act, or a proceeding

initiated or carried out in good faith under this Act, or carrying out their

duties or obligations as an officer, employee or member under this Act; or

(

b) for a decision or order made or enforced in

good faith under this Act.

Liability of members

51. A

member of the college shall not be personally liable for a debt of the college

beyond the amount of the unpaid dues, fees, fines and penalties owed to the

college, but all property, real and personal, of the college shall be held for

the payment of the debts of the college.

Transition

(1) The

members of the Newfoundland and Labrador Veterinary Licensing Board are continued as elected

directors of the board of the college until an election is held under this Act.

(2) An election to elect the 4 directors referred

to in paragraph 5(1)(

a) shall be held under

section 10 within 6 months after

the day this Act comes into force.

(3) Notwithstanding

section 10, of the directors

first elected under this Act,

(a) 2 shall be elected for a term of 3 years;

(

b) one shall be elected for a term of 2 years;

and

(

c) one shall be elected for a term of one year.

(4) Those persons holding a licence to practise

issued under the Veterinary Medical Act

are, on the coming into force of this Act,

considered to hold a veterinary licence under

section 19, and are

eligible to apply for renewal as if the licence had been issued under this Act.

(5) The by-laws of the association in operation at

the coming into force of this Act shall, to the extent that they are not

inconsistent with this Act or the Corporations

Act , be the by-laws governing the association until revoked or amended.

RSNL1990 cA-7

Amdt.

53. Paragraph 3(

d) of the Agrologists Act is amended by striking out the words " Veterinary Medical Act " and

substituting the words " Veterinary

Medical Act, 2004 ".

RSNL1990 cA-10

Amdt.

54. Paragraph 2(

g) of the Animal Protection Act is amended by striking out the words " Veterinary Medical Act " and

substituting the words " Veterinary

Medical Act, 2004 ".

SNL1994 cP-12.1

Amdt.

(1) Subparagraph 2(p)(iii) of the Pharmaceutical Association Act, 1994 is

amended by striking out the words " Veterinary

Medical Act " and substituting the words " Veterinary Medical Act, 2004 ".

(2) Paragraph 3(1)(

c) of the Act is amended by

striking out the words " Veterinary

Medical Act " and substituting the words " Veterinary Medical Act, 2004 ".

(3) Paragraph 58(2)(

c) of the Act is amended by

striking out the words " Veterinary

Medical Act " and substituting the words " Veterinary Medical Act, 2004 ".

RSNL1990 cV-4

Rep.

56. The Veterinary

Medical Act is repealed.

Commencement

57. Sections 24 to 27 of this Act come into force 6

months after this Act receives Royal Assent.

Earl G. Tucker, Queen's Printer