p43 s1 bill 171 b171rep e 20 corr.pdf

Ontario — Bills

1ST SESSION, 43RD LEGISLATURE, ONTARIO 2 CHARLES III, 2024 Bill 171

An Act to enact the Veterinary Professionals Act, 2024 and amend or repeal various acts The Hon. L. Thompson Minister of Agriculture, Food and Rural Affairs Government Bill 1st Reading March 7, 2024 2nd Reading March 21, 2024 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on the Interior and as reported to the Legislative Assembly May 6, 2024) (The provisions in this bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. ______________ EXPLANATORY NOTE

SCHEDULE 1 VETERINARY PROFESSIONALS ACT, 2024 The Veterinarians Act is repealed and replaced with the Veterinary Professionals Act, 2024. The following are highlights from the Veterinary Professionals Act, 2024.

Part I provides for how terms used in the Act are to be interpreted.

Part II deals with the governance of the College of Veterinary Professionals of Ontario. In this Part the objects of the Coll ege are established. Rules respecting the Council and committees of the College are also set out.

Part III sets out the rules respecting authorized activities and provides limits on who can carry out authorized activities and the circumstances in which they can be carried out. This Part also deals with reasonably foreseeable serious bodily harm to animals or persons resulting from treatment, advice and omission from treatment or advice. Finally, this Part sets out the persons who may use certain restricted titles and the circumstances in which such titles can be used.

Part IV deals with licensing of members of the College, including rules respecting applications for, terminations of and hearings respecting licences. The Part also deals with accreditation of veterinary facilities and the process and rules respecting certificates of accreditation.

Part V deals with the College’s Executive Committee.

Part VI provides for a quality assurance program to be established by the regulations which will aim, amongst other objects, to assure the quality of the practice of members of the College.

Part VII sets out requirements for certain persons to report certain things the Registrar of the College. The Part also sets out the process for making, investigating and addressing complaints against members and former members of the College.

Part VIII deals with investiga tions and resolutions. The powers and duties of the College’s Investigations and Resolutions Committee in considering and investigating the conduct of members and former members of the College are set out.

Part IX provides for addressing professional misconduct, incompetence and impairment to fitness to practise. The powers and duties of the College’s Discipline and Fitness to Practise Committee are set out with respect to such matters.

Part X deals with appealing decisions or orders of certain committees of the College or of the Board to the Divisional Court.

Part XI provides the process and rules for persons to apply for a certificate of authorization to establish a professional corporation for the purpose of practising veterinary medicine. Rules respecting such professional corporations are also set out.

Part XII deals with contravention or failure to comply with the Act or the regulations. Two categories of offences are established.

Part XIII sets out the powers of the Minister and Lieutenant Governor in Council with respect to the College.

Part XIV deals with assorted administrative and miscellaneous matters.

Part XV deals with regulations made by the Council of the College, subject to the approval of the Lieutenant Governor in Council, by the Minister and by the Lieutenant Governor in Council. This Part also deals with the Council of the College’s by- laws and standards for veterinary facilities and the practice of veterinary medicine.

Part XVI deals with transitional matters.

Part XVII sets out amendments to the Veterinary Professionals Act, 2024 and consequential amendments to other Acts.

SCHEDULE 2 ONTARIO ASSOCIATION OF VETERINARY TECHNICIANS ACT, 1993 Currently, the Ontario Association of Veterinary Technicians Act, 1993, gives the Association the power to grant its members the right to the exclusive use of certain professional designations. The

Schedule amends the Act to remove that power as the new Veterinary Professionals Act, 2024, enacted elsewhere in the Bill, grant s members the exclusive right to use the titles. Various other amendments are made to the Act respecting the objects of the Association, the composition of the board, the Association’s by-law making powers and other similar and related matters.

Bill 171 2024

An Act to enact the Veterinary Professionals Act, 2024 and amend or repeal various acts CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Veterinary Professionals Act, 2024

Schedule 2 Ontario Association of Veterinary Technicians Act, 1993

Preamble The Government of Ontario: Recognizes the importance of access to professional care for animals in Ontario. Is supporting the health and well -being of animals in Ontario, and creating conditions to increase access to care for animals, including companion animals and those in the agricultural industry. Believes that any legislation governing veterinary professionals should embrace modern approaches to professional self - regulation and governance as well as allowing for modern practices and new technologies.

Is improving oversight of the veterinary profession in the public interest and increasing transparency to benefit veterinar y professionals and their clients. Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

(1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title 3 The

short title of this Act is the Enhancing Professional Care for Animals Act, 2024 .

SCHEDULE 1 VETERINARY PROFESSIONALS ACT, 2024 CONTENTS

PART I

INTERPRETATION 1.

Interpretation

PART II GOVERNANCE COLLEGE 2. College of Veterinary Professionals of Ontario 3. Objects COUNCIL 4. Council 5. Officers 6. Quorum COMMITTEES 7. Committees 8. Panels of committees

PART III AUTHORIZED ACTIVITIES, RISK OF HARM AND RESTRICTED TITLES AUTHORIZED ACTIVITIES 9. Authorized activities 10. Exceptions RISK OF HARM 11. Risk of harm RESTRICTED TITLES AND TERMS 12. Restricted titles 13. Restricted terms

PART IV LICENSING AND ACCREDITATION LICENSING 14. Licensees 15. Application 16. Issuance of licence 17. Consideration by Licensing Committee 18. Termination of licences 19. Continuing jurisdiction 20. Applications after revocation, suspension, etc. ACCREDITATION 21. Certificate of accreditation required 22. Application 23. Inspections 24. Issuance of certificate of accreditation 25. Consideration by Accreditation Committee 26. Referral of existing certificate of accreditation REVIEW BY BOARD 27. Hearing or review 28. Hearing public 29. Exception to closed hearings 30. Procedure for hearings, reviews

PART V EXECUTIVE COMMITTEE 31. Executive Committee

PART VI QUALITY ASSURANCE QUALITY ASSURANCE PROGRAM 32. Quality assurance program QUALITY ASSURANCE COMMITTEE 33. Function of the Committee COMPLIANCE WITH QUALITY ASSURANCE 34. Co-operation by members 35. Confidentiality of information 36. Quality assurance and other information

PART VII REPORTS AND COMPLAINTS MEMBERS’ REPORTING OBLIGATIONS 37. Report by member 38. Self-report re offences 39. Self-report re professional negligence and malpractice 40. Self-report re other professional memberships and findings 41. Self-report re charges and bail conditions 42. Publication ban COMPLAINTS 43. Complaints 44. Complaints in bad faith ALTERNATIVE DISPUTE RESOLUTION 45. Process REGISTRAR’S INVESTIGATIONS 46. Appointment of investigator 47. Powers of investigator 48. Copying of documents and objects

PART VIII INVESTIGATIONS AND RESOLUTIONS INVESTIGATIONS AND RESOLUTIONS COMMITTEE 49. Duties of the Investigations and Resolutions Committee 50. Complaints in bad faith INTERIM ORDERS 51. Interim orders FITNESS TO PRACTISE 52. Definition 53. Interim order REVIEW BY BOARD 54. Review of certain decisions 55. Rules re review process 56. Reviews by Board public 57. Exception to closed reviews

PART IX DISCIPLINE AND FITNESS TO PRACTISE DISCIPLINE AND FITNESS TO PRACTISE COMMITTEE 58. Duties of the Discipline and Fitness to Practise Committee PROFESSIONAL MISCONDUCT AND INCOMPETENCE 59. Professional misconduct 60. Orders of Discipline and Fitness to Practise Committee 61. Publication and delivery of decisions 62. Stay of decision on appeal FITNESS TO PRACTISE 63. Powers of Discipline and Fitness to Practise Committee 64. Reports of medical practitioners 65. Stay of decision on appeal, fitness to practise 66. Hearings Public DISCIPLINE AND FITNESS TO PRACTISE COMMITTEE HEARING PROCESS 67. Committee 68. Process

PART X APPEAL TO COURT 69. Appeal to court

PART XI PROFESSIONAL CORPORATIONS 70. Professional corporations 71. Notice of change of shareholder 72. Application re members 73. Professional, fiduciary and ethical obligations to clients 74. Conflict in duties 75. Restrictions re certificate

PART XII OFFENCES 76. Type A offences 77. Type B offences 78. Limitation period

PART XIII POWERS OF MINISTER AND LIEUTENANT GOVERNOR IN COUNCIL 79. Powers of Minister 80. Reports 81. College supervisor

PART XIV GENERAL 82. Registers 83. Confidentiality 84. Hearings and submissions 85. Evidence in civil proceedings 86. Court orders 87. Registrar’s certificate as evidence 88. Delivery of notice, order or document 89. Posting of timelines 90. Crown liability 91. No personal liability or liability of College 92. Proceedings barred

PART XV REGULATIONS, STANDARDS AND BY-LAWS REGULATIONS 93. Regulations, Council 94. Lieutenant Governor in Council Regulations 95. Regulations, Minister 96. General provisions re regulations STANDARDS 97. Standards BY-LAWS 98. By-laws

PART XVI TRANSITION 99.

Definitions 100. Transition Council 101. Registrar 102. Members 103. Certificates of accreditation continued 104. Certificates of authorization 105. Orders and directions 106. Reporting re fitness to practise 107. Regulations

PART XVII SELF-AMENDMENTS, CONSEQUENTIAL AMENDMENTS AND REPEAL 108. Self-amendment 109. Animal Health Act, 2009 110. Animals for Research Act 111. Business Corporations Act 112. Dog Owners’ Liability Act 113. Drug and Pharmacies Regulation Act 114. Fair Access to Regulated Professions and Compulsory Trades Act, 2006 115. Livestock Community Sales Act 116. Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998 117. Ontario Labour Mobility Act, 2009 118. Opioid Damages and Health Care Costs Recovery Act, 2019 119. Provincial Animal Welfare Services Act, 2019 120. Repeal

PART XVIII COMMENCEMENT AND

SHORT TITLE 121. Commencement 122.

Short title

Schedule 1 Authorized activities

PART I

INTERPRETATION

Definitions 1

(1) In this Act, “accreditation standards” means accreditation standards established by the Council pursuant to

section 97; (“ normes d’agrément”) “authorized activity” means an authorized activity described in

section 1 of

Schedule 1; (“ activité autorisée”) “Board” means the Health Professions Appeal and Review Board under the Ministry of Health and Long- Term Care Appeal and Review Boards Act, 1998; (“Commission”) “by-laws” means the by-laws of the College made by the Council pursuant to

section 98; (“règlements administratifs”) “certificate of accreditation” means a certificate of accreditation issued under this Act to establish or operate a veterinar y facility; (“certificat d’agrément”) “certificate of authorization” means a certificate of authorization issued under this Act authorizing the professional corporation named in it to engage in the practice of veterinary medicine; (“certificat d’autorisation”) “College” means the College of Veterinary Professionals of Ontario; (“Ordre”) “Council” means the Council of the College; (“conseil”) “drug” means drug as defined in subsection 1 (1) of the Drug and Pharmacies Regulation Act ; (“médicament”) “fitness to practise” means fitness to engage in the practice of veterinary medicine; (“aptitude professionnelle ”) “licence” means a licence issued under this Act; (“permis”) “member” means a veterinarian member or a veterinary technician member; (“membre”) “Minister” means the Minister of Agriculture, Food and Rural Affairs; or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “practice of veterinary medicine” means the assessment of the physiological or behavioural status of an animal or group of animals, other than humans, and the diagnosis, treatment, prevention, or control of any condition, disease, disorder or dysfunction; (“exercice de la médecine vétérinaire”) “professional corporation” means a corporation incorporated under the Business Corporations Act that holds a valid certificate of authorization issued under this Act; (“société professionnelle”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “Registrar” means the Registrar of the College; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “veterinary facility” means a building, a vehicle or land, or any combination of them, used or intended to be used as a place in or from which a member carries out authorized activities in the practice of veterinary medicine; (“établissement vétérinaire”) “veterinarian member” means a member who holds a veterinarian licence issued by the Registrar; (“memb re vétérinaire”) “veterinary technician member” means a member who holds a veterinary technician licence issued by the Registrar; (“membre technicien vétérinaire”)

Interpretation, fitness to practise

(2) A person’s fitness to practice is impaired if the p erson is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the person’s licence be subject to terms, conditions or limitations, or that the person no longer be permitted to practise veterinary medicine.

Interpretation, owner

(3) A person is not the owner of an animal if the person buys the animal, treats it and resells it or intends to resell it to either the person who sold the animal or to that person’s nominee.

PART II GOVERNANCE COLLEGE College of Veterinary Professionals of Ontario 2

(1) The College of Veterinarians of Ontario is continued under the name College of Veterinary Professionals of Ontario in English and Ordre des professionnels vétérinaires de l’Ontario in French. Body corporate

(2) The College is a body corporate without share capital. Capacity and powers

(3) Except as limited by this Act, the College has the capacity and the powers of a natural person for carrying out its objects. Not a Crown agent

(4) The College is not an agent of the Crown. Not-for-Profit Corporations Act, 2010

(5) The Minister may prescribe provisions of the Not-for-Profit Corporations Act, 2010 that apply to the College and that Act shall not apply to the College except as prescribed. Same

(6) Despite subsection (5),

section 37 of the Not-for-Profit Corporations Act, 2010 applies to the College and its directors and officers, including a member of the Council. Corporations Information Act

(7) The Corporations Information Act does not apply to the College. Objects 3

(1) The College has the following objects: 1. To regulate the practice of veterinary medicine and to govern members in accordance with this Act, the regulations and the by-laws. 2. To establish, maintain and develop standards of knowledge and skill for members. 3. To establish, maintain and develop standards of qualification and standards of practice for the practice of veterinary medicine. 4. To establish, maintain and develop programs to assure the quality of the practice of the profession. 5.

To establish, maintain and develop standards and programs to promote the ability of members to respond to changes in practice environments, advances in technology and other emerging issues. 6. To establish, maintain and develop standards of professional ethics for members. 7. To inspect and accredit veterinary facilities. 8. To promote public awareness of the role of the College. 9. To perform such other duties and exercise such other powers as are imposed or conferred on the College under any Act. 10.

To work in consultation with the Minister to develop strategies that aim to, i. ensure that the people of Ontario have a ccess to adequate numbers of qualified, skilled and competent veterinary professionals, and ii. optimize health recognizing the connections between people, animals, plants and their shared environment. 11. To work with other animal care providers to enhance interprofessional collaboration and access to animal health care in Ontario. 12. Any other prescribed objects relating to the practice of veterinary medicine. Public interest

(2) In carrying out its objects, the College has a duty to serve and protect the public interest.

7 COUNCIL Council 4

(1) The College shall have a Council that shal l be its governing body and board of directors and that shall manage and administer its affairs. Composition

(2) The Council shall be composed of: 1. At least 10 and no more tha n 12 veterinarian members who are elected in the number and manner provided by the by- laws. 2. At least three and no more than five veterinary technician members who are elected in the number and manner provided by the by-laws. 3. At least six and no more than eight persons who are not members under this Act or members of the governing body of a self-regulating licensing body under any other Act and who are appointed by the Lieutenant Governor in Council. 4.

One licensed veterinarian who is a faculty member at a faculty of veterinary medicine of a university in Ontario and who is selected in accordance with the by-laws. 5. One licensed veterinary technician who is a faculty member at an educational institution in Ontario that is authorized to grant diplomas or degrees in veterinary technology and who is selected in accordance with the by-laws. 4. One veterinarian member who is a faculty member at a school of veterinary medicine of a university in Ontario and who is selected in accordance with the by-laws. 5.

One veterinary technician member who is a faculty member at an educational institution in Ontario that is authorized to grant diplomas or degrees in veterinary technology and who is selected in accordance with the by- laws. Who can vote in Council elections

(3) Subject to paragraphs 1 and 2 of subsection (2) and the by-laws, every member who practises or resides in Ontario who is not in default of payment of the annual licensing fee and is not in default of filing a return required under the by-laws, is entitled to vote in an election of members of the Council. Officers Chair and Vice-Chair 5

(1) The Council shall have a Chair and one or more Vice-Chairs who shall be elected annually , in accordance with the by - laws, by the Council from among the Council’s members. Registrar

(2) The Council shall appoint a Registrar who shall have such powers and duties as are assigned or delegated under this Act. Quorum 6

(1) A majority of the members of the Council constitute a quorum. Vacancies

(2) Where one or more vacancies occur in the membership of the Council, the members remaining in office constitute the Council so long as their number is not fewer than 11. COMMITTEES Committees 7

(1) The College shall have the following committees: 1. The Executive Committee. 2. The Accreditation Committee. 3. The Licensing Committee. 4. The Investigations and Resolutions Committee. 5. The Quality Assurance Committee. 6. The Discipline and Fitness to Practise Committee. Appointments

(2) The Council shall appoint the members of the committees.

8 Composition

(3) The composition of the committees and the determination of what constitutes a quorum of a committee shall be in accordance with the by-laws and any regulations. Vacancies

(4) If one or more vacancies occur in the membership of a committee, the remaining members shall constitute the committee unless the committee has fewer members than is necessary to constitute a quorum. Chairs

(5) The Council shall name one member of each committee to chair the committee. Term

(6) No person shall be a member of the same committee for more than six consecutive years. Other committees

(7) The Council may establish and appoint members to such other committees as it considers necessary. Panels of committees 8

(1) Unless provided otherwise under this Act, the chair of a committee, other than the Executive Committee, may, in accordance with the regulations and subject to any quorum and composition rules in the regulations and by- laws, (

a) establish panels to carry out any of the work of the committee; and (

b) appoint the members of such panels. Appointments

(2) Appointments to panels shall be at the discretion of the Chair but shall comply with any requirements under this Act. Multiple panels

(3) A member of a committee may sit on more than one panel of the committee during the same period. Simultaneous panels

(4) A committee may sit in two or more panels simultaneously so long as a quorum is present in each panel. Authority of panels

(5) Unless provided otherwise under this Act, a panel of a committee can exercise all of the authorities of the committee.

PART III AUTHORIZED ACTIVITIES, RISK OF HARM AND RESTRICTED TITLES AUTHORIZED ACTIVITIES Authorized activities 9

(1) No person shall carry out an authorized activity described in

section 1 of

Schedule 1 while engaged in the practice of veterinary medicine unless the person is a member. Limitations

(2) A member may only carry out an authorized activity whil e engaged in the practice of veterinary medicine and subject to any prescribed conditions or prohibitions and any terms, conditions or limitations imposed on their licence. Authorized activities — non-members

(3) Despite subsection (1), a person who is not a member may, subject to any prescribed conditions or prohibitions, carry out an authorized activity while engaged in the practice of veterinary medicine if, (

a) the regulations permit a person who is not a member to carry out the authorized activity; a nd (

b) the authorized activity is delegated to that person by a member. Authorized activities — students

(4) Despite subsections (1) and (3), a student may carry out an authorized activity if the student is doing so while engaging in the undergraduate curriculum of studies at a veterinary medicine program or a veterinary technician program provided for in the regulations or the by-laws. Authorized activities — students

(4) Despite subsections (1) and (3), a student may carry out an authorized activity if the student is doing so while fulfilling the requirements to become a member and the activity is done under the supervision or direction of a veterinarian member.

9 Authorized activities — professionals

(5) Despite subsections (1) and (3), the f ollowing persons may, subject to and in accordance with any prescribed guidelines, processes, terms, conditions, limitations or prohibitions, carry out such authorized activities as may be prescribed: 1. A person who, under the Chiropractic Act, 1991, is a member of the College of Chiropractors of Ontario. 2. A person who, under the Pharmacy Act, 1991, is a member of the Ontario College of Pharmacists . 3. A person who belongs to or practises a prescribed profession or such other persons as may be prescribed. Collaboration

(6) When developing a proposal for regulations in relation to subsection (5), the College shall take reasonable steps to consult with such professions as would be addressed in those regulations and shall report to the Minister on the outcome of those consultations. Exceptions 10 (1) Subsection 9 (1) does not apply to prevent a person from carrying out an activity described in sections 2 and 3 of

Schedule 1. Application of Drug and Pharmacies Regulation Act

(2) The Drug and Pharmacies Regulation Act does not apply to prevent a member from compounding, dispensing or selling drugs in the course of engaging in the practice of veterinary medicine. Sale of drugs

(3) Regulations made under the Animal Health Act, 2009 do not apply to prevent a member from selling a drug in the course of engaging in the practice of veterinary medicine to an owner of livestock for the treatment of livestock. RISK OF HARM Risk of harm 11

(1) No person other than a member acting with in the scope of the practice of veterinary medicine shall treat an animal , or advise an owner or their representative with respect to an animal’s health, in circumstances in which it is reasonably foreseeable that serious bodily harm to an animal or a person may result from the treatment or advice or from an omission from the treatment or advice. Exceptions (2) Subsection (1) does not apply with respect to, (

a) any treatment by a person who is acting under the direction of or in collaboration with a member if the treatment is within the scope of the practice of veterinary medicine; (

b) an activity carried out by a person if the act ivity is an authorized activity that was delegated under sub

section 9 (3) to the person by a member; (

c) an activity set out in

section 2 of

Schedule 1, if the person carrying out the activity is not otherwise prevented to do so under the Act; or (

d) any prescribed treatment, advice, authorized activity or person. RESTRICTED TITLES AND TERMS Restricted titles Veterinarian members 12

(1) Unless otherwise permitted by the regulations, no person other than a veterinarian member shall use the title “veterinarian”, “veterinary surgeon” or “doctor” or variations, abbreviations, abbreviations of variations or equivalents in another language, while engaged in the practice of veterinary medicine. Veterinary technician members

(2) Unless otherwise permitted by the regulations, no person other than a veterinary technician member shall us e the title “Registered veterinary technician” or “Registered veteri nary technologist” or variations, abbreviations, abbreviations of variations or equivalents in another language, while engaged in the practice of veterinary medicine. Exception, chiropractors

(3) Despite subsection (1), a member of the College of Chiropractors of Ontario may use the title “doctor” while providing or offering care to animals but shall not use the title “doctor” in written format in relation to the providing or offering such care without using the phrase, “doctor of chiropractic” or “D.C.”, immediately following their name.

10 Restricted terms 13 No person shall use the term “veterinary facility” or variations, abbreviations, abbreviations of variations or equivalents i n another language to refer to their building, vehicle or land unless they hold a certificate of accreditation in relation to that building, vehicle or land.

PART IV LICENSING AND ACCREDITATION LICENSING Licensees 14

(1) Every person who holds a licence is a member of the College. Classes of licences

(2) Applicants may apply for one of the following classes of licences: 1. A veterinarian licence to engage in the practice of veterinary medicine as a veterinarian. 2. A veterinary technician licence to engage in the practice of veterinary medicine as a veterinary technician. Licence suspended

(3) Despite subsection (1), a person whose licence is suspended is not a member. Conditions and limitations

(4) A member is subject to any terms, conditions and limitations to which the licence is subject. Compliance

(5) Every member shall comply with, (

a) the relevant qualifications, requirements and standards set out in the Act and the regulations and the standards established by the Council pursuant to

section 97; (

b) any applicable rules or requirements respecting the practice of veterinary medicine set out in the Act or the regulations; and (

c) any terms, conditions and limitations imposed on their licence. Application 15 A person who wishes to receive a licence shall apply to the Registrar in accordance with the regulations. Issuance of licence 16

(1) Subject to subsections (2) and (3), if an application is made in accordance with the regulations and the Registrar is of the opinion that an applicant meets the qualifications and requirements under the Act, the Registrar shall, (

a) issue a licence to the applicant; and (

b) impose any terms, conditions or limitations on the licence that are required to be imposed by the regulations or the by- laws. Grounds for refusal

(2) The Registrar shall refuse to issue a licence if, in the opinion of the Registrar, (

a) the applicant does not meet the qualifications and requirements set out in the Act or as may be prescribed; (

b) the past conduct of the applicant affords reasonable ground for believing that the applicant will not engage in the practice of veterinary medicine with honesty and integrity; or (

c) there are reasonable grounds for believing that the applicant is incompetent or that their fitness to practise is impaired. Referral to Licensing Committee by Registrar

(3) The Registrar may refer an application to the Licensing Committee for a determination of whether to issue the licence. Notice to applicant

(4) The Registrar shall deliver to the applicant, (

a) if the Registrar issues a licence subject to terms, conditions or limitations or refuses to issue a licence, written notice of the decision, the reasons for the decision and any terms, conditions or limitations imposed on the licence; and

11 (

b) if the Registrar refers an application to the Licensing Committe e, written notice of the decision and of the applicant’s right to make written submissions to the Committee within 30 days of receiving the notice or a longer period as specified by the Registrar in the notice. Referral to Licensing Committee by applicant

(5) After receiving notice that the Registrar has issued a licence subject to terms, conditions or limitations or refused to issu e a licence, the applicant may require the Registrar to refer the application to the Licensing Committee. Consideration by Licensing Committee 17

(1) The Licensing Committee shall consider an application referred to it under

section 16. Same

(2) The Licensing Committee may require an applicant to obtain such additional experience, education or training as the Licensing Committee specifies before being issued a licence. Directions to Registrar

(3) After considering the application, the Licensing Committee may direct the Registrar to, (

a) issue the licence; (

b) refuse to issue the licence; (

c) issue the licence subject to the terms, conditions and limitations the Licensing Committee specifies; (

d) issue a licence after the applicant successfully completes examinations set or approved by the Committee; or (

e) issue a licence after the applicant successfully obtains the additio nal experience, education or training specified by the Committee. Exemption from requirements

(4) The Licensing Committee may direct the Registrar to issue a licence, or issue a licence subject to terms, conditions or limitations, even if the applicant has not met all of the qualifications or requirements for a licence. Notice to applicant

(5) The Registrar shall deliver notice to the applicant, (

a) of the Licensing Committee’s direction under subsection (3); (

b) if the Licensing Committee directs the Registrar to refuse to issue the licence, of the reasons for that decision and of the applicant’s right to a hearing under

section 27; (

c) if the Licensing Committee directs the Registrar to impose terms, conditions and limitations on the licence, of the reasons for that decision and of the applicant’s right to a hearing under

section 27; (

d) if the Licensing Committee directs the Registrar to issue a licence after the applicant successfully completes examinations set or approved by the Committee, of the reasons for that decision and of the applicant’s right to a hearing under

section 27; (

e) if the Licensing Committee directs the Registrar to issue a licence after the applicant successfully obtains the additional experience, education or training specified by the Committee, of the reasons for that decision and of the applicant’s right to a hearing under

section 27; or (

b) if the Licensing Committee directs the Registrar to refuse to issue the licence, of the reasons for that decision and of the applicant’s right to a hearing or review under

section 27; (

c) if the Licensing Committee directs the Registrar to impose terms, conditions and limitations on the licence, of the reasons for that decision and of the applicant’s right to a hearing or review under

section 27; (

d) if the Licensing Committee directs the Registrar to issue a licence after the applicant successfully completes examinations set or approved by the Committee, of the reasons for that decision and of the applicant’s right to a hearing or review under

section 27; (

e) if the Licensing Committee directs the Registrar to issue a licence after the applicant successfully obtains the additional experience, education or training specified by the Committee, of the reasons for that decision and of the applicant’s right to a hearing or review under

section 27; and (

f) of any exemption under subsection (4).

12 Termination of licences Voluntary cancellation 18

(1) A member may cancel their licence by delivering written notice to the Registrar and the cancellation of the licence shall take effect immediately upon the delivery of the notice. Cancellation for failure to pay fees, file returns

(2) If a member fails to pay a fee or file a return required by the by -laws, the Registrar may deliver notice tha t the member’s licence may be cancelled unless the member pays the fee or files the return. Same, timing

(3) A cancellation under subsection (2) takes effect on the day that is two months after the day the Registrar delivered notice unless the member pays the fee or files the return before then. Continuing jurisdiction Expiry, revocation, cancellation 19

(1) A person whose licence is expired, revoked or cancelled under this Act or a predecessor of this Act continues to be subject to the jurisdiction of the College for professional misconduct or incompetence with respect to the time when the person was a member and may be investigated under this Act. Suspension

(2) A person whose licence is suspended under this Act or a predecessor of this Act continues to be subject to the jurisdiction of the College, and may be investigated under this Act, for whether their fitness to practise was impaired or for professional misconduct or incompetence with respect to the time when the person was a member and f or the period of the suspension. Applications after revocation, suspension, etc. Application for licence after revocation 20

(1) If a person’s licence has been revoked as a result of a hearing before the Discipline and Fitness to Practise Committee under this Act or as a result of a discipline or impairment proceeding under a predecessor of this Act, the person may apply, in writing, to the Registrar for the issuance of a licence, but the application shall not be made sooner than , (

a) two years after the revocation or one year after any prior application for issuance of the licence was decided; or (

b) such earlier period as the Committee determines. Application for removal of suspension

(2) If a person’s licence has been suspended as a result of a hearing before the Discipline and Fitness to Practise Committee under this Act or as a result of a discipline or impairment proceeding under a predecessor of this Act, the person may apply, in writing, to the Registrar for the removal of the suspension or the varying of the term of the suspension, but the application shall not be made sooner than, (

a) one year after the commencement of the suspension; (

b) in the case where a licence is suspended un til the person demonstrates certain facts, upon the demonstration of those facts; (

c) one year after any prior application for the removal of the suspension was decided; or (

d) such earlier period as the Committee determines. Variation of licence restrictions

(3) If, as a result of a hearing before the Discipline and Fitness to Practise Committee under this Act or as a result of a discipline or impairment proceeding under a predecessor of this Act, terms, conditions or limitations are imposed on a person ’s licence, the person may apply, in writing, to the Registrar for removal or variation of the terms, conditions or limitations, but the application shall not be made sooner than, (

a) one year after the initial imposition of terms, conditions or limitations; (

b) one year after any prior application for removal or variation of the terms, conditions or limitations was decided; (

c) in the case where the terms, conditions or limitations are imposed until the person demonstrates certain facts, upon t he demonstration of those facts; or (

d) such earlier period as the Committee determines. Reasons for reinstatement

(4) A person making an application under subsections (1) to (3) shall provide reasons why the licence should be issued, the suspension be removed or varied or the terms, conditions or limitations be removed or varied.

13 Referral to committee

(5) The Registrar shall refer an application received pursuant to subsections (1) to (3) to the Discipline and Fitness to Practise Committee, which shall hold a hearing respecting the application. Hearing by Discipline and Fitness to Practise Committee

(6) With respect to proceedings of the Discipline and Fitness to Practise Committee pursuant to this section, (

a) sections 58 to 62 and 66 to 68 apply with necessary modifications to proceedings respecting professional misconduct and incompetence; and (

b) sections 63 to 65 and 67 apply with necessary modifications to proceedings respecting fitness to practise. Powers of Discipline and Fitness to Practise Committee

(7) After a hearing under subsection (5), the Discipline and Fitness to Practise Committee shall report its decision and reasons for the decision to the parties and direct the Registrar to, (

a) issue the licence; (

b) refuse to issue the licence; (

c) issue the licence subject to the terms, conditions and limitations the committee specifies; (

d) remove or vary the length of the suspension of the licence; (

e) refuse to remove or vary the length of the suspension of the licence; (

f) remove or vary any of the terms, conditions or limitations attached to the licence; (

g) refuse to remove or vary any of the terms, conditions or limitations attached to the licence; or (

h) take no further action regarding the matter. ACCREDITATION Certificate of accreditation required 21

(1) No person shall establish or operate a veterinary facility except under and in accordance with a certificate of accreditation and in accordance with the requirements and standards set out in this Act and the regulations and the accreditation standards. Compliance

(2) The holder of the certificate of accreditation and the veterinary facility director shall comply with and ensure that the veterinary facility in respect of which the certificate of accreditation was issued complies with the qualifications, requirements and standards set out in this Act and the regulations and the accreditation standards. Application 22 A veterinarian member who wishes to receive or renew a certificate of accreditation shall apply to the Registrar in accordance with the regulations. Inspections 23

(1) On receipt of an application or at any other time, the Registrar may appoint an inspector, with such qualifications as may be prescribed, for the purposes of inspecting a veterinary facility for compliance with the requirements under the Act and the accreditation standards. Inspection of premises

(2) Every person who controls a veterinary facility where a member practises, other than a private dwelling, shall allow an inspector to enter and inspect the veterinary facility, subject to such limitation as may be set out in the regulations. Inspection of records

(3) Every person who controls records relating to a veterinary facility and equipment used in the facility shall allow an inspector to inspect the records. Issuance of certificate of accreditation 24

(1) Subject to subsections (2) and (3), if an application is in accordance with the regulations, and the Registrar is of the opinion that the applicant and the veterinary facility meet the qualifications, requirements and standards under the Act and the accreditation standards, the Registrar shall, (

a) issue or renew the certificate of accreditation; and

14 (

b) impose any terms, conditions or limitations on the certificate of a ccreditation that are required to be imposed by the regulations or by-laws. Grounds for refusal

(2) The Registrar shall refuse to issue or renew a certificate of accreditation if, in the opinion of the Registrar, the applicant or the veterinary facility does not meet, (

a) the qualifications, requirements and standards under the Act; or (

b) the accreditation standards. Referral to Accreditation Committee by Registrar

(3) The Registrar may refer an application to the Accreditation Committee for a determination of whether to issue or renew the certificate of accreditation. Notice to applicant

(4) The Registrar shall deliver to the applicant, (

a) if the Registrar refuses to issue or renew a certificate of accreditati on or issues the certificate of accreditation subject to terms, conditions or limitations, written notice of the decision and if the decision is a refusal, the reasons for the decision; and (

b) if the Registrar refers an application to the Accreditation Committee, written notice of the decision and if the decision is a refusal, the reasons for the decision and of the applicant’s right to make written submissions to the Committee within 30 days of receiving the notice or a longer period as specified by the Registrar in the notice. Referral to Accreditation Committee by applicant

(5) After receiving the notice that the Registrar has refused to issue or renew a certificate of accreditation, the applicant may require the Registrar to refer the application to the Accreditation Committee for a determination of whether to issue or renew the certificate of accreditation. Consideration by Accreditation Committee 25

(1) The Accreditation Committee shall consider an application referred to it under

section 24. Directions to Registrar

(2) After considering the application, the Accreditation Committee may direct the Registrar to, (

a) issue or renew the certificate of accreditation; (

b) refuse to issue or renew the certificate of accreditation; or (

c) issue or renew the certificate o f accreditation subject to the terms, conditions and limitations the Accreditation Committee specifies. Exemption from requirements

(3) The Accreditation Committee may direct the Registrar to issue or renew a certificate of accreditation, or issue a certificate of accreditation subject to terms, conditions and limitations, even if the applicant or veterinary facility has not met all o f the qualifications, requirements or standards for a certificate of accreditation. Notice to applicant

(4) The Registrar shall deliver notice to the applicant, (

a) of the Accreditation Committee’s direction under subsection (2); (

b) if the Accreditation Committee directs the Registrar to refuse to issue or renew the certificate of accreditation, of the reasons for that decision and of the applicant’s right to a hearing under

section 27; (

c) if the Accreditation Committee directs the Registrar to impose terms, conditions and limitations on the certificate of accreditation, of the reasons for that decision and of the applicant’s right to a hearing under

section 27; and (

b) if the Accreditation Committee directs the Registrar to refuse to issue or renew the certificate of accreditation, of the reasons for that decision and of the applicant’s right to a hearing or review un der

section 27; (

c) if the Accreditation Committee directs the Registrar to impose terms, conditions and limitations on the certificate of accreditation, of the reasons for that decision and of the applicant’s right to a hearing or review under

section 27; and (

d) of any exemption under subsection (3).

15 Referral of existing certificate of accreditation 26

(1) At any point after a certificate of accreditation is issued or renewed, t he Registrar may refer the certificate of accreditation to the Accreditation Committee if the Registrar is of the opinion that there are reasonable grounds to believe that, (

a) the holder of the certificate of accreditation, the veterinary facility director or the veterinary facility in respect of which the certificate of accred itation was issued has ceased to meet the qualifications, requirements and standards under the Act or the accreditation standards; (

b) the veterinary facility in respect of which the certificate of accreditation was issued is being used or has been used i n contravention of a term, condition or limitation of the certificate of accreditation; or (

c) the veterinary facility in respect of which the certificate of accreditation was issued is being used or has been used as a veterinary facility of a class other than the class for which the certificate of accreditation was issued or renewed. Notice to holder of certificate of accreditation

(2) If the Registrar refers a certificate of accreditation to the Accreditation Committee, the Registrar shall deliver notice to the applicant the holder of the certificate of the decision and the ground on which it is being referred. Hearing

(3) If a certificate of accreditation is referred to the Accreditation Committee under subsection (1), the Accreditation Committee shall, (

a) set a time for a hearing and deliver notice of the time to the holder of the certificate of accreditation; and (

b) hold a hearing to consider whether to take any of the actions in subsection ( 4). Powers of Accreditation Committee

(4) After holding a hearing, the Accreditation Committee may direct the Registrar to, (

a) revoke the certificate of accreditation; (

b) suspend the certificate of accreditation pending the demonstration, in such manner as the Accreditation Committee specifies, of compliance with such standards as are specified by the Accreditation Committee; (

c) change the class of veterinary facility authorized by the certificate of accreditation; (

d) impose such new or further ter ms, conditions and limitations on the certificate of accreditation as are specified by the Accreditation Committee; or (

e) take no further action regarding the matter. Exemption from requirements

(5) The Accreditation Committee may direct the Registrar t o take any of the actions set out in subsection (4) even if the applicant or veterinary facility has not met all of the qualifications, requirements or standards for a certificate of accred itation. Notice to applicant

(6) The Registrar shall deliver notice to the applicant of the Accreditation Committee’s direction under subsection (4) and the reasons for the Accreditation Committee’s decision. Hearing public

(7) A hearing by the Accreditation Committee shall be open to the public, unless otherwise provided for by the regulations. Procedures

(8) Section 66 and subsections 68 (1) to (11) apply with necessary modifications to proceedings before the Accreditation Committee under this section. Parties

(9) The College and the holder of the certificate of accreditation are parties to a hearing by the Accreditation Committee. Other proceedings

(10) The jurisdiction of the Discipline and Fitness to Practise Committee is not affected by the commencement of proceedings or the making of an order under this section.

16 REVIEW BY BOARD Hearing or review Request to Board 27

(1) A person who has received notice under subsection 17 (5) or 25 (4) may request the Board hold a review or hearing in respect of an application, if the person delivers notice that meets the requirements set out in subsection (2) to the Board and to the Licensing Committee or Accreditation Committee, as the case may be. Board shall hold hearing or review

(2) The Board shall hold a review or hearing, as the case may be, if the Board receives notice of a request that, (

a) is in writing; (

b) is delivered within 30 days after the person received notice from the Reg istrar or such longer period as determined by the Board on reasonable grounds if the Board is satisfied that no person would be unduly prejudiced as a result of the longer period; and (

c) specifies whether a review or a hearing is required. Notice to Board

(3) If the Licensing Committee or the Accreditation Committee receives a notice under subsection (1), it shall, within 15 days after receiving the notice, deliver to the Board a copy of the decision made with respect to the application, the reasons for it and the documents and things upon which the decision was based. When no review

(4) The Board shall not review a decision or hold a hearing if the party who requested the review or hearing withdraws the request and the other party consents. Request in bad faith, etc.

(5) If the Board considers a request to review a decision or hold a hearing to have been frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process the Board shall deliver to the parties notice that it intends not to proceed with the review or hearing and that the parties have a right to make written submissions within 30 days after receiving the notice. Same

(6) If the Board is satisfied, after considering any written submissions of the parties made within the 30-day period referred to in subsection (5), that a request was frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Boa rd shall not review the decision. When direction may be carried out

(7) A direction under clauses 17 (3) (

b) or (

c) or 25 (2) (

b) or (

c) may be carried out only when, (

a) the Registrar receives notice that the applicant will not be requiring a review or hearing; (

b) the party who requested the review or hearing withdraws the request and the other party consents; (c) 35 days have passed since the notice was delivered to the applicant without the applicant requiring a review or hearing; or (

d) the Board has confirmed the direction. Powers of Board re licence

(8) The Board shall, after the hearing or review in respect of a licence, (

a) confirm the direction of the Licensing Committee; (

b) require the Licensing Committee to direct the Registrar to issue a licence of the appropriate class subject to such terms, conditions and limitations as the Board considers appropriate in cases where the Board finds that the applicant meets the qualifications and requirements for licensing and that the Licensing Committee has exercised its powers improperly; or (

c) refer the matter back to the Licensing Committee for fur ther consideration, and the Board may make such recommendations as it considers appropriate in the circumstances. Powers of Board re certificate of accreditation

(9) The Board shall, after the hearing or review in respect of a certificate of accreditation, (

a) confirm the direction of the Accreditation Committee; (

b) require the Accreditation Committee to direct the Registrar to issue or renew a certificate of accreditation subject to such terms, conditions and limitations as the Board consi ders appropriate in cases where the Board finds that the applicant

17 and the veterinary facility meet the qualifications, requirements and standards for the issuance or renewal of the certificate of accreditation and that the Committee has exercised its powers improperly; or (

c) refer the matter back to the Accreditation Committee for further consideration, and the Board may make such recommendations as it considers appropriate in the circumstances. Parties

(10) The College and the person who has requested the hearing are parties to proceedings before the Board under this section. Hearing public 28

(1) A hearing by the Board under

section 27 shall be open to the public, subject to subsection (2). Exclusion of public

(2) The Board may make an order that th e public be excluded from a hearing or any part of a hearing if the Board is satisfied that, (

a) matters involving public security may be disclosed; (

b) financial, personal or other matters may be disclosed at the hearing of such a nature that the harm c reated by the disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public; (

c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or (

d) the safety of a person may be jeopardized. Orders preventing public disclosure

(3) In situations in which the Board may make an order that the public be excluded from a hearing, it may also make such orders as it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders prohibiting the publication or broadcasting of those matters. Public information may be disclosed

(4) No order shall be made under subsection (3) that prevents the publication of anything that is containe d in the register and available to the public. Exclusion of public

(5) The Board may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2). Orders with respect to matters in submissions

(6) The Board may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters. Reasons for order, etc.

(7) The Board shall ensure that any order it makes under this

section and its reasons are available to the public in writing. Reconsidering of order

(8) The Board may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion. Exception to closed hearings 29 If the Board makes an order under subsection 28 (2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Board may allow the person and his or her personal representative to attend the hearing. Procedure for hearings, reviews 30

(1) This

section applies with respect to the procedure for hearings and reviews by the Board under

section 27. Findings of fact in a hearing

(2) The findings of fact in a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. Findings of fact in a review

(3) The findings of fact in a review shall be based exclusively on the application and documentary evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. Disclosure of evidence against member

(4) Evidence against a member is not admissible at a hearing or review unless, at least 10 days before the hearing or review, the member receives,

18 (

a) in the case of written or documentary evidence, an opportunity to examine the evidence; (

b) in the case of evidence of an expert, the identity of the expert and a copy of the expert’s written report or, if there is no written report, a written

summary of the evidence; or (

c) in the case of evidence of a witness, the identity of the witness. Exception

(5) The Board may, in its discretion, allow the introduction of evidence that is inadmissible under subsection (4) and may make directions it considers necessary to ensure that the member is not prejudiced. Disclosure of evidence of expert

(6) Evidence of an expert led by a person other than the College is not admissible unless the person delivers to the College, at least 10 days before the hearing or review, the identit y of the expert and a copy of the expert’s written report or, if there is no written report, a written

summary of the evidence. Exception

(7) The Board may, in its discretion, allow the introduction of evidence that is inadmissible under subsection (6) an d may make directions it considers necessary to ensure that the College is not prejudiced. Release of documents and things

(8) The Board shall release documents and things put into evidence or received by the Board at a hearing or review to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined. Members of Board who participate

(9) Only the members of the Board who were present throughout a hearing or review shall participate in the Board’s decision. When member not to participate

(10) No member of the Board who has taken

part in the investigation of what is to be the subject matter of the Board’s hearing or review shall participate in the hearing or review. No communication by Board members

(11) No member of the Board participating in a hearing or review shall communicate outside the hearing or review, in relation to the subject matter of the hearing or review, with a party or the party’s representative unless the other party has re ceived notice of the subject matter of the communication and an opportunity to be present during the communication. Transcript of hearings

(12) The Board shall ensure that, for a hearing, (

a) the oral evidence given at the hearing is recorded; (

b) copies of the transcript of the hearing are available to a party on the party’s request at the party’s expense; and (

c) copies of the transcript of any part of the hearing that is not the subject of an order prohibiting publication are available to any person at that person’s expense. Application of SPPA provisions to reviews

(13) Sections 21.1 and 25.1 of the Statutory Powers Procedure Act apply with necessary modifications to a review by the Board.

PART V EXECUTIVE COMMITTEE Executive Committee 31

(1) The Executive Committee shall perform such functions of the Council as are delegated to it under the Act, by the Council or by the by-laws. Other functions

(2) Subject to ratification by the Council at its next meeting, the Executive Committee, between meetings of the Council, may perform any other function of the Council that, in the opinion of the Executive Committee, must be performed immediately. Limitation (3) Subsection (2) does not apply to authorize the Executive Committee to make, amend or revoke a regulation, a by-law or a standard established by the Council pursuant to

section 97.

PART VI QUALITY ASSURANCE QUALITY ASSURANCE PROGRAM Quality assurance program 32 A quality assurance program established by the regulations shall be aimed at a ssuring the quality of the practice of the members and promoting continuing evaluation, competence and quality improvement among the members and the regulations establishing the quality assurance program shall prescribe, (

a) continuing education or professional development that, (

i) promotes continuing competence and continuing quality improvement among members, (ii) addresses changes in practice environments, and (iii) incorporates standards of practice, advances in technology, changes made to entry to practic e competencies and other relevant issues in the discretion of the Council; (

b) self, peer and practice assessments; (

c) mechanisms for the College to monitor members’ participation in, and compliance with, the quality assurance program; and (

d) such additional components that the College determines would be useful in furthering the aims of the quality assurance program. QUALITY ASSURANCE COMMITTEE Function of the Committee 33

(1) The Quality Assurance Committee shall administer the quality assurance program in accordance with the Act and the by-laws. Powers of the Committee

(2) The Quality Assurance Committee may do one or more of the following: 1. Require individual members whose knowledge, skill and judgment have been assessed under

section 34 and found to be unsatisfactory to participate in specified continuing education or remediation programs. 2. Direct the Registrar to impose terms, conditions or limitations for a specified period to be determined by the Committee on the licence of a member, i. whose knowledge, skill and judgment have been assessed under

section 34 and have been found to be unsatisfactory, or ii. who has been directed to participate in specified continuing education or remediation programs as required by the Committee under paragraph 1 and has not completed those programs successfully. 3. Direct the Registrar to remove terms, conditions or limitations before the end of the specified period referred to in paragraph 2, if the Committee is satisfied that the licensee’s knowledge, skill and judgment are now satisfactory. 4. If the Quality Assurance Committee is of the opinion that a member may have committed

an act of professional misconduct or be incompetent or that the member’s fitness to practise may be impaired, ref er the matter to the Investigations and Resolutions Committee and disclose the name of the member and allegations against the member to the Investigations and Resolutions Committee. 5. Appoint assessors, with such qualifications as may be prescribed, for the purposes of the quality assurance program. Notice

(3) The Quality Assurance Committee shall deliver notice to the member if the Committee refers a matter to the Investigations and Resolutions Committee under paragraph 4 of subsection (2). Notice

(4) No direction shall be given to the Registrar under paragraph 2 of subsection ( 2) unless the member has received notice of the Quality Assurance Committee’s intention to give such direction and is given at least 14 days to make written submissions to the Committee. Written submissions

(5) The Quality Assurance C ommittee shall consider any written submissions received in accordance with subsection (4) before giving a direction to the Registrar.

20 COMPLIANCE WITH QUALITY ASSURANCE Co-operation by members 34

(1) Every member shall co-operate with the Quality Assurance Committee and with any assessor and shall, (

a) permit the assessor to enter and inspect the veterinary facility where the member practises; (

b) produce, at the request of the Committee or assessor, any records in respect of the member’s practice of veterinary medicine and permit the assessor to inspect such records; (

c) deliver to the Committee or assessor the information or records in respect of the member’s practice of veterinary medicine the Committee or assessor requests in the form the Committee or assessor specifies; (

d) confer with the Committee or assessor if requested to do so by either of them; and (

e) participate in a program designed to assess the knowledge, skill and judgment of the member, if requested to do so by the Committee. Inspection of premises

(2) Every person who controls a veterinary facility where a member practises, other than a private dwelling, shall allow an assessor to enter and inspect the veterinary facility. Inspection of records

(3) Every person who controls records relating to a member’s care of animals shall allow an assessor or the Committee to inspect the records. Exception (4) Subsection (3) does not require an animal’s owner or th e owner’s representative to allow an assessor or the Committee to inspect records relating to the animal’s care. Confidentiality of information 35

(1) Except as provided in

section 33 sections 33 and 36 and in this section, the Quality Assurance Committee and any assessors appointed by it shall not disclose, to any other committee, information that, (

a) was given by the member; or (

b) relates to the member and was obtained under

section 34. Exception if member gave false information

(2) Where relevant to a proceeding before a committee, information described in subsection (1) may be disclosed to that committee for the purpose of showing that the member knowingly gave false information to the Quality Assurance Committee or an assessor. Use in other committees

(3) Information that was disclosed contrary to subsection (1) shall not be used against the member to whom it relates in a proceeding before the Discipline and Fitness to Practise Committee or the Investigations and Resolution Committee or before a court. Quality assurance and other information 36

(1) In this section, “disclose” means to provide or make available information to a person who is not one of the following: 1. A member of the Quality Assurance Committee. 2. An assessor appointed by the Committee, a person engaged on the Committee’s behalf or a person conducting an assessment program on its behalf. 3. A person providing administrative support to the Committee or the Registrar or the Committee’s legal counsel. Quality assurance information

(2) No person shall disclose the following information except as permitted under the Act or the by-laws: 1. Information that is collected by or prepared for the Quality Assurance Committee for the sole or primary purpose of assisting the committee in carrying out its functions. 2. Information that relates solely or primarily to any activity that the Quality Assurance Committee carries on as part of its functions.

21 3. Information that is prepared by a member or on behalf of a member solely or primaril y for the purpose of complying with the requirements of the quality assurance program. Same

(3) This

section does not apply to the disclosure of the following information: 1. The name of a member and allegations that the member may have committed

an act of professional misconduct or may be incompetent or that the member’s fitness to practise may be impaired. 2. Information that was referred to the Quality Assurance Committee from another committee of the College or from the Board. 3. Information that a regulation made under this Act specifies is not information subject to subsection (2) and that the Quality Assurance Committee receives after the day on which that regulation is made. 4. Information about a member’s failure to comply with any requirements of the Quality Assurance Committee. Non-disclosure in proceeding

(4) No person shall ask a witness and no court or other body conducting a proceeding shall permit or require a witness to disclose information described in subsection (2) except as permitted or required by the provisions relating to the quality assurance program. Non-admissibility of evidence

(5) Information described in subsection (2) may be used in the activities carried on by the Quality Assurance Committee but is not a dmissible in evidence in a proceeding before or under the rules of a court, a tribunal, a commission, a justice of the peace, a coroner, a committee of the College, an arbitrator or a mediator. Non-retaliation

(6) No one shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage a person by reason that the person has disclosed information to the Quality Assurance Committee for the purposes of that committee, but a person may be disciplined for recklessly or intentionally disclosing false information to the Committee. Immunity

(7) No action or other proceeding may be instituted against a person who in good faith discloses information to the Quality Assurance Committee at the request of the Committee or for the purposes of assisting the Committee in carrying out its functions. Conflict

(8) In the event of a conflict between this

section and a provision under any other Act, this

section prevails unless the other Act specifically provides otherwise.

PART VII REPORTS AND COMPLAINTS MEMBERS’ REPORTING OBLIGATIONS Report by member 37

(1) A member shall file a report with the Registrar in accordance with this

section if, in the course of practising veterinary medicine, the member learns of anything that causes the member to have reasonable grounds to believe that another member’s fitness to practise is impaired. If name not known

(2) A member is not required to file a report if the member does not know the name of the member who would be the subject of the report. Contents

(3) The report shall be in writing and must contain, (

a) the name of the member filing the report; (

b) the name of the member who is the subject of the report; (

c) an explanation of the alleged impairment to the fitness to practise; and (

d) any other prescribed information.

22 Timing

(4) The report must be filed within 30 days after the obligation to report arises unless the person who is required to file the report has reasonable grounds to believe that the impairment to the member’s fitness to practise is likely to expose an animal or human to harm or injury and there is urgent need for intervention, in which case the report must be filed as soon as possible. Immunity for reports

(5) No action or other proceeding shall be instituted against a person for filing a report in good faith under this section. Self-report re offences 38

(1) A member shall file a report with the Registrar in accordance with this

section if the member has been found guilty of a prescribed offence. Contents

(2) The report shall be in writing and must contain, (

a) the name of the member filing the report; (

b) a description of the offence including the Act under which the offence was committed; (

c) the date the member was found guilty of the offence; (

d) the name and location of the court that found the member guilty of the offence; (

e) the status of any appeal initiated respecting the finding of guilt; and (

f) any other prescribed information relevant to the finding. Timing

(3) The report must be filed as soon as reasonably practicable after the member receives notice of the finding of guilt. Additional reports

(4) A member who files a report under this

section shall file an additional report if there is a change in status of the finding of guilt as the result of an appeal. Self-report re professional negligence and malpractice 39

(1) A member shall file a report with the Registrar in accordance with this

section if there has been a finding of professional negligence or malpractice made against the member inside or outside of Ontari o. Contents of report

(2) The report shall be in writing and must contain, (

a) the name of the member filing the report; (

b) a description of the finding, including the body that made the finding; (

c) the date that the finding was made against the member; (

d) the name and location of the body that made the finding against the member; (

e) the status of any appeal initiated respecting the finding made against the member; and (

f) any other prescribed information relevant to the finding. Timing of report

(3) The report must be filed as soon as reasonably practicable after the member receives notice of the finding made against the member. Additional reports

(4) A member who files a report under this

section shall file an additional report if there is a change in status of the finding made against the member as the result of an appeal. Self-report re other professional memberships and findings 40

(1) A member shall advise the Registrar if the member is a member of another body that governs a profe ssion inside or outside of Ontario. Findings of misconduct, incompetence or impairment to fitness to practise

(2) A member shall file a report with the Registrar in accordance with this

section if there has been a finding of professional misconduct, incompetence or impairment to fitness to practise or an equivalent type of finding made against the member by another body that governs a profession inside or outside of Ontario.

23 Contents of report

(3) The report shall be in writing and must contain, (

a) the name of the member filing the report; (

b) a description of the finding, including the body that made the finding; (

c) the date that the finding was made against the member; (

d) the name and location of the body that made the finding against the member; (

e) the status of any appeal initiated respecting the finding made against the member; and (

f) any other prescribed information relevant to the finding. Timing of report

(4) The report must be filed as soon as reasonably practicable after the member receives notice of the finding made against the member. Additional reports

(5) A member who files a report under this

section shall file an additional report if there is a change in status of the finding made against the member as the result of an appeal. Self-report re charges and bail conditions 41

(1) A member shall file a report with the Registrar in accordance with this

section if the member has been charged with a prescribed offence. Contents of report

(2) The report shall be in writing and must contain, (

a) the name of the member filing the report; (

b) a description of the charge, including the Act under which the charge was made; (

c) the date the charge was laid against the member; (

d) the name and location of the court in which the charge was laid or in which the bail condition or restriction was imposed on or agreed to by the member; (

e) every bail condition imposed on the member as a result of the charge; (

f) any other restriction imposed on or agreed to by the member relating to the charge; (

g) the status of any proceedings with respect to the charge; and (

h) any other prescribed information relevant to the charge or bail conditions. Timing of report

(3) The report must be filed as soon as reasonably practicable after the member receives notice of the charge, bail conditions or restriction. Additional reports

(4) A member who files a report under this

section shall file an additional report if there is a change in the status of the charge or bail conditions. Publication ban 42

(1) A report made under sections 37 to 41 shall not contain any information that violates a publication ban. Same

(2) No action shall be taken under sections 37 to 41 which violates a publication ban and nothing in those sections requires or authorizes the violation of a publication ban. COMPLAINTS Complaints 43

(1) Any person may make a complaint against a member or former member by filing a written complaint with the Registrar, in accordance with the regulations, if any.

24 Notice

(2) Within 14 days of receipt of the complaint or such other time period as may be prescribed, the Registrar shall deliver notice of the complaint to the member or former member that includes any prescribed information. Registrar’s responsibility

(3) Upon receiving a wr itten complaint that complies with any regulations, the Registrar may make such inquiries as they consider necessary and may take one or more of the following actions: 1. Refer the complaint to alternative dispute resolution if the complainant and member or former member against whom the complaint was made cons ent and the matter has not yet been referred to the Discipline and Fitness to Practise Committee. 2. Refer the complaint to the Investigations and Resolutions Committee. 3. Subject to paragraph 1 of subsection 46 (1), investigate the complaint in accordance with this Part. Complainant to be informed

(4) The Registrar shall deliver to a complainant notice of receipt of the complaint that includes any prescribed information. Complaints in bad faith 44

(1) If the Registrar considers a complaint made under subsection 43 (1) to be frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Registrar shall deliver to the complainant and the member or former member notice that, (

a) the College intends to take no action with respect to the complaint; and (

b) the complainant and the member or former member have a right to make written submissions to the Registrar within 30 days after receiving the notice. Same

(2) If the Registrar is satisfied, after considering any written submissions of the complainant and the member or former member, that a complaint was frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Registrar shall direct that the complaint not be referred further and shall deliver notice of the decision to the complainant and the member or former member. Complaints not in bad faith

(3) If the Registrar is satisfied, after considering any written submissions of the complainant and the member or former member, that a complaint was not frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Registrar shall deliver notice of the decision to the complainant and the member or former member and the Registrar may take one of the actions set out in subsection 43 (3). Review by Board

(4) A decision of the Registrar that a complaint is frivolous, vexa tious, made in bad faith, moot or otherwise an abuse of process, may be subject to a review by the Board. ALTERNATIVE DISPUTE RESOLUTION Process 45

(1) Alternative dispute resolution shall be conducted in accordance with the regulations and any applicable by-laws. Confidentiality

(2) Despite this or any other Act, all communications at an alternative dispute resolution process and the facilitator’s notes and records shall remain confidential and are deemed to have been made without prejudice to the

partie s in any proceeding. Facilitator not to participate

(3) The person who acts as the alternative dispute resolution facilitator shall not participate in any proceeding concerning the same matter. Ratification of resolution

(4) If the complainant and the member or former member reach a resolution of the complaint through alternative dispute resolution, they shall advise the Registrar of the resolution, and the Registrar may, (

a) adopt the proposed resolution; or (

b) refer the decision of whether or not to adopt the proposed resolution to the Investigations and Resolutions Committee. Referral

(5) If the Registrar makes a referral under clause (4) (b), the Investigations and Resolutions Committee may,

25 (

a) adopt the proposed resolution; or (

b) conduct or continue its own investigation of the complaint. Time limit

(6) If the complainant and the member or former member do not reach a resolution of the complaint within 120 days of a referral to alternative dispute resolution under paragraph 1 of s ubsection 43 (3), the Registrar shall refer the complaint to the Investigations and Resolutions Committee, which shall proceed with an investigation of the complaint. REGISTRAR’S INVESTIGATIONS Appointment of investigator 46

(1) The Registrar may appoint one or more investigators in the following circumstances: 1. If the Registrar believes on reasonable and probable grounds that a member or former member has committed

an act of professional misconduct or is incompetent and if the Investigations and Resolutions Committee approves of the appointment. 2. If the Investigations and Resolutions Committee has received information about a member or former member from the Quality Assurance Committee and has requested that the Registrar conduct an investigation. 3. If the Registrar has referred a complaint about a member or former member to the Investigations and Resolutions Committee and the committee has requested that the Registrar conduct an investigation. 4.

The Registrar believes on reasonable and probable grounds that the conduct of a member or former member exposes or is likely to expose their patients or clients to harm or injury and the Registrar believes that there is insufficient time to seek approval from the Investigations and Resolutions Committee. Appointment under par. 4 of subs. (1)

(2) The appointment of an investigator under paragraph 4 of subsection (1) shall be done immediately and the Registrar shall report the appointment to the Investigations and Resolutions Committee within five days of the appointment. Results of investigation

(3) An investigator shall provide the Registrar with the results of the investigation. Report of Registrar

(4) The Registrar shall report the results of an investigation to the Investigations and Resolutions Committee and shall deliver notice to the member containing the prescribed information. Powers of investigator 47

(1) In the course of an investigation, an investigator appointed under

section 46 may, (

a) inquire into and examine the practice of the member or former member in respect of whom the investigation is being made and may, upon production of their appointment, enter, at any reasonable time, the veterinary facility of the member or former member, make reasonable inquiries of any person and exa mine documents and things relevant to the subject- matter of the investigation; (

b) inspect or observe the practice of veterinary medicine performed by a member or under the supervision of a member, including the direct observations of procedures performed as part of the practice, if the investigator has reasonable grounds to believe that the observation is necessary for the purpose of the investigation; (

c) take photographs or make audio or video records relating to the veterinary facility; (

d) remove original versions of evidence where necessary; (

e) use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the investigation and that is in any form; (

f) upon giving a receipt, remove for examination and testing anything relevant to the investigation and testing, including any data storage disk or other retrieval device in order to produce information; (

g) conduct tests that are reasonably necessary; (

h) upon giving re ceipt, require a person being investigated to produce any documents, records, equipment, supplies and such other things in the control of the person that the investigator determines are relevant to the investigation, including using any data storage, proce ssing or retrieval device or system to produce information that is relevant to the investigation and that is in any form, and the person shall produce the things required and provide any assistance required by the investigator; and

26 (

i) require the production for examination of any books, records or other documents, including electronic records or documents, pertaining to or documenting any matter relating to the investigation. Application of Public Inquiries Act, 2009

(2) Section 33 of the Public Inquiries Act, 2009 applies to an investigation under this section. Reasonable inquiries

(3) An investigator may make reasonable inquiries of any person, including the member or former member who is the subject of the investigation, on matters relevant to the investigation. Co-operation with investigator

(4) Every member and former member of the College shall co -operate fully with a person appointed to make an investigation into their practice. Obstruction prohibited

(5) No person shall obstruct an investigator or withhold or conceal from an investigator or destroy anything that is relevant to the investigation. Order by justice of the peace

(6) On application of an investigator, a justice of the peace may, whether or not an investigation has been made or attempted under subsection (1), issue a warrant authorizing the investigator to enter any premises and examine any document or thing specified in the warrant, if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds established upon oath for believing that, (

a) the member or former member being investigated has committed

an act of professional misconduct or is incompetent; and (

b) there is something relevant to the investigation at the place. Authority to use force

(7) A warrant issued under subsection (6) authorizes the person or persons named in the warrant to carry out the warrant by force if necessary and together with such police officers as are called upon for assistance. Application for dwelling

(8) An application for a warrant under subsection (6) to enter a dwelling shall specifically indicate that the application relates to a dwelling. Execution of warrant

(9) A warrant issued under subsection (6) shall specify the hours and days during which it may be executed. Expiry of warrant

(10) A warrant issued under subsection (6) shall state the date on which it expires, which shall be a date not later than 15 days after the warrant is issued. Application without notice

(11) A justice of the peace may receive and consider an application for a warrant under subsection (6) without notice to and in the absence of the member or former member of the College whose practice is being investigated. Copying of documents and objects 48

(1) An investigator may copy, at the College’s expense, a document or object that an investigator may examine under subsection 47 (1) or under the authority of a warrant issued under subsection 47 (6). Removal for documents and objects

(2) An investigator may remove a document or object described in subsection (1) if, (

a) it is not practicable to copy it in the place where it is examined; or (

b) a copy of it is not sufficient for the purposes of the investigation. Return of documents and objects or copies

(3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall, (

a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or (

b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time.

27 Copy as evidence

(4) A copy of a document or object certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document or object itself. Definition

(5) In this section, “document” means a record of information in any form and includes any part of it.

PART VIII INVESTIGATIONS AND RESOLUTIONS INVESTIGATIONS AND RESOLUTIONS COMMITTEE Duties of the Investigations and Resolutions Committee 49

(1) The Investigations and Resolutions Committee shall consider and investigate, with regards to the conduct of a member or former member, any matter that is referred to it under paragraph 4 of subsection 33 (2) or subsection 43 (3) or any report it receives pursuant to subsection 46 (4). Submissions by member

(2) A member or former member who is the subject of a complaint or a report may make written submissions to the Investigations and Resolutions Committee within 30 days of receiving notice of the complaint or report. Exception

(3) The Investigations and Resolutions Committee may specif y a period of time of less than 30 days in which the member or former member may make written submissions, and inform the member to that effect, if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member or forme r member exposes or is likely to expose an animal or human to harm or injury. Investigation

(4) The Investigations and Resolutions Committee shall not take any action under subsection (5) until after, (

a) a written complaint has been filed with the Regis trar or the Registrar has provided a report to the Committee and the member or former member whose conduct is being investigated has been notified of the complaint; (

b) the Committee has considered any written submissions made by the member or former member; and (

c) the Committee has examined or has made every reasonable effort to examine all records and other documents, including any prior decisions of any current or former committee of the College relating to the complaint, the report or the member or former member. Actions by Investigations and Resolutions Committee

(5) The Investigations and Resolutions Committee, after investigating a matter pursuant to subsection (1), may do any one or more of the following: 1. Refer specified allegations of the member or former member’s professional misconduct or incompetence to the Discipline and Fitness to Practise Committee if the allegation is related to the complaint or the report. 2. Refer the member or former member to a special panel o f the Investigations and Resolutions Committee formed as a health inquiry panel under

section 52 for fitness to practise proceedings. 3. Issue a caution to the member or former member or require the member or former member to appear before the Investigations and Resolutions Committee to be cautioned. 4. Require the member or former member to participate in a specified continuing education or remediation program. 5. Take any action it considers appropriate that is not inconsistent with the Act, the regula tions or by- laws other than suspending or revoking a licence or imposing terms, conditions or limitations on a licence. 6. Take no further action. Decisions and reasons to Registrar

(6) The Investigations and Resolutions Committee shall provide the Registrar, (

a) a written copy of its decision; and, (

b) if the decision is made under paragraphs 3 to 6 of subsection (5), the Committee’s reasons for the decision.

28 Notice to member

(7) Upon receiving the decision under subsection (6), the Registrar shall deliver written notice to the member or former member and any complainant setting out, (

a) a copy of the written decision; (

b) if the decision is made under paragraphs 3 to 6 of subsection (5), the Committee’s reasons for the decision; and (

c) the right of review under

section 54. Advice

(8) The Investigations and Resolutions Committee may require the member or former member whose conduct was considered or investigated by the Committee to appear before the Committee and the Committee may provide the membe r or former member with advice in respect of the practice of veterinary medicine. Complaints in bad faith 50

(1) If the Investigations and Resolutions Committee considers a complaint referred to it under subsection 43 (3) to be frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Committee shall deliver the complainant and the member or former member notice that, (

a) the Committee intends to take no action with respect to the complaint; and (

b) the complainant and the member or former member have the right to make written submissions to the Committee within 30 days after receiving the notice. Same

(2) If the Investigations and Resolutions Committee is satisfied, after considering any written submissions of the complainant and the member or former member, that a complaint was frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Committee shall take no action with respect to the complaint. Complaints not in bad faith

(3) If the Investigations and Resolutions Committee is satisfied, after considering any written submissions of the complainant and the member or former member, that a complaint was not frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Committee may take one of the actions set out in subsection 49 (5) or (8). INTERIM ORDERS Interim orders 51

(1) At any time after receiving a matter under paragraph 4 of subsection 33 (2) or subsection 43 (3) or after an investigator is appointed under

section 46, the Investigations and Resolutions Committee may, subject to subsection (5) of this

section , make an interim order directing the Registrar to suspend, or to impose terms, conditions or limitations on, a member or former member’s licence if it is of the opinion that the conduct of the member or former member exposes or is likely to expose an animal or human to harm or injury. Procedure following interim order

(2) If an order is made under subsection (1), (

a) the matter shall be investigated and prosecuted expeditiously; and (

b) the Investigations and Resolutions Committee or the Discipline and Fitness to Practise Committee, as the case may be, shall give precedence to the matter. Duration of order

(3) An order under subsection (1) continues in force until it is varied by the Investigations and Resolutions Committee or until the matter is withdrawn, resolved by way of an alternative dispute resolution process or otherwise finally disposed of by the Investigations and Resolutions Committee or the Discipline and Fitness to Practise Committee. Committee’s order

(4) In a matter in which an order under subsection (1) was made, an order of the Investigations and Resolutions Committee directing the Registrar to suspend or impose terms, conditions or limitations on a member or former member’s licence takes effect immediately despite any appeal. Restrictions on orders

(5) No order shall be made under subsection (1) unless the member or former member who is subject of the complaint has received, (

a) notice of the intention to make the order;

29 (

b) at least 14 days to make written submissions to the Investigations and Resolutions Committee; and (

c) a copy of the provisions of this section. Extraordinary action to protect public

(6) Despite subsection (5), an order may be made under subsection (1) without notice to the member or former member, subject to the right of the member or former member to make submissions while the suspension or the terms, conditions or limitations are in place, if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member or former member exposes or is likely to expose an animal or human to harm or injury and urgent intervention is needed. FITNESS TO PRACTISE Definition 52

(1) In this section, “health inquiry panel” means a panel of the Investigations and Res olutions Committee appointed by the chair of the Investigations and Resolutions Committee under subsection (3). Inquiries by Registrar

(2) If the Registrar receives information leading the Registrar to believe that a member’s fitness to practise may be impaired, (

a) the Registrar shall make such inquiries as the Registrar considers appropriate; and (

b) if after making such inquiries the Registrar continues to believe that the member’s fitness to practise may be impaired, the Registrar shall report its findings to the Investigations and Resolutions Committee. Appointment of health inquiry panel

(3) After receiving a report from the Registrar, the Quality Assurance Committee or a panel of the Investigations and Resolutions Committee, the chair of the Committee may, upon notice to the member of the intention to inquire into their fitness to practise, appoint a health inquiry panel. Inquiries

(4) The health inquiry panel shall make such inquiries with respect to the member as it considers appropriate. Examinations of member

(5) If a health inquiry panel has reasonable and probable grounds to believe that a member’s fitness to practise is impaired, the panel may require the member to submit to such physical and mental examinations by such health professionals as the panel designates, but not to more than one examination in each area of medical specialty. Refusal or failure

(6) If the member refuses or fails to submit to any examinations under subsection (5), the health inquiry panel may order that the Registrar suspend the member’s licence until the member complies. Report

(7) The health inquiry panel shall report the findings of its inquiries to the Registrar. Referral

(8) If in the opinion of the health inquiry panel, the evidence so warrants, the panel shall refer the matter to the Discipline and Fitness to Practise Committee to hold a hearing. Notice to member

(9) After making its inquiries, the health inquiry panel shall deliver notice to the member that includes, (

a) a copy of its findings; (

b) a copy of any report obtained under subsection (5); (

c) notice of whether the matter is being referred to the Discipline and Fitness to Practise Committee; and (

d) such information as may be prescribed. Interim order 53

(1) At any time before or after a referral to the Discipline and Fitness to Practise Committee, the health inquiry panel may, subject to subsections (4) and (5), make an interim order directing the Registrar to suspend or impose terms, conditions or limitations on a member’s licence if it is of the opinion that the physical or mental state of the member exposes or is likel y to expose an animal or human to harm or injury.

30 Procedure following interim suspension order

(2) If an order is made under subsection (1) in relation to a matter, the health inquiry panel and the Discipline and Fitness to Practise Committee shall give precedence to the matter. Duration of order

(3) An order under subsection (1) continues in force until it is varied by the health inquiry panel or until the matter is finall y disposed of by the health inquiry panel or the Discipline and Fitness to Practise Committe e. Restrictions on orders

(4) No order shall be made with respect to a member under subsection (1) unless the member has received, (

a) notice of the intention to make the order; (

b) at least 14 days to make written submissions to the health inquiry panel; and (

c) any other prescribed information. Extraordinary action to protect the public

(5) Despite subsection (4), an order may be made without notice to the member, subject to the right of the member to make submissions while the suspension is in place to the health inquiry panel, if the panel is of the opinion on reasonable and probable grounds that the physical or mental state of the member exposes or is likely to expose an animal or human to harm or injury and urgent intervention is needed. REVIEW BY BOARD Review of certain decisions Request to Board 54

(1) A member, former member or complainant who receives notice with respect to a decision under subsection 44 (2) or paragraphs 3 to 6 of subsection 49 (5) or pursuant to subsection 50 (1) may request the Board hold a review in respect of the decision of the Registrar or Investigations and Resolutions Committee by delivering notice that meets the requirements set out in subsection (2) of this

section to, (

a) the Board; and (

b) the Registrar or Investigations and Resolutions Committee, as the case may be. Board shall hold review

(2) Subject to subsections (4) to (6), the Board shall hold a review of the decision , if the Board receives notice of a request that, (

a) is in writing; and (

b) is delivered within 30 days after the person received notice from the Registrar or Investigations and Resolutions Committee, as the case may be, or such longer period as determined by the Board on reasonable grounds if the Board is satisfied that no person would be unduly prejudiced as a result of the longer period. Records and documents

(3) If the Investigations and Resolutions Committee or the Registrar receives a notice under subsection (1), it shall, within 15 days after receiving the notice, deliver to the Board, (

a) a copy of the decision made with respect to the decision; (

b) a record of any investigation; and (

c) the documents and things upon which the decision was based. When no review

(4) The Board shall not review a decision if the part y who requested the review withdraws the request and the other party consents. Request in bad faith, etc.

(5) If the Board considers a request to review a decision to have been frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process the Board shall deliver to the parties notice that it intends not to proceed with the review and that the parties have a right to make written submissions within 30 days after receiving the notice.

31 Same

(6) If the Board is satisfied, after considering any written submissions of the parties made within the 30-day period referred to in subsection (5), that a request was frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Boa rd shall not review the decision. Powers of the Board re decision

(7) After reviewing the decision in accordance with

section 55, the Board may take one or more of the following actions: 1. Confirm all or part of the decision. 2. Make such recommendations as the Board considers appropriate to the Investigations and Resolutions Committee or Registrar, as the case may be. 3. Require the I nvestigations and Resolutions Committee to do anything the Committee may do under the Act except to request the Registrar to conduct an investigation. When direction may be carried out

(8) A decision under subsection 44 (2) or paragraphs 3 to 6 of subsection 49 (5) or pursuant to subsection 50 (1) may be carried out only when, (

a) the Registrar receives notice that the applicant will not be requiring a review; (b) 35 days have passed since the notice was delivered the applicant without the applicant requiring a review; or (

c) the Board has confirmed the direction. Parties

(9) The complainant and the member or former member who is the subject of the complaint are parties to a review. Personal representative as complainant

(10) A complainant’s personal representative may act as the complainant for the purposes of a review by the Board if the complainant dies or becomes incapacitated. Rules re review process Disclosure 55

(1) Before reviewing a decision, the Board shall disclose to the parties everything given to it by the Registrar. Exceptions

(2) The Board may refuse to disclose anything that may, in its opinion, (

a) disclose matters involving public security; (

b) undermine the integrity of the complaint investigation and review process; (

c) disclose financial or personal or other matters of such a nature that the desirability of avoiding their disclosure in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that disclosure be made; (

d) prejudice a person involved in a criminal proceeding or in a civil suit or proc eeding; or (

e) jeopardize the safety of any person. Release of documents and things

(3) The Board shall release documents and things put into evidence or received by the Board at a review to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined. Conduct of review

(4) The Board shall consider either or both of the adequacy of the investigation conducted by the Registrar or Investigations and Resolutions Committee, as the case may be, or the reasonableness of the decision of the Committee or Registrar. Procedure

(5) In conducting a review, the Board, (

a) shall give the party requesting the review an opportunity to comment on the matters set out in subsection (4) and any other party an opportunity to respond to those comments; (

b) may require the College to send a representative and if so required the College shall select the representative; (

c) may question the parties and the representative of the College;

32 (

d) may permit the parties to make representations with respect to issues raised by any questions asked under clause (c); and (

e) shall not allow the parties or the representative of the College to question each other. No communication by Board members

(6) No member of the Boa rd participating in a review shall communicate outside the review, in relation to the subject matter of the review, with a party or the party’s representative unless the other party has received notice of the subject matter of the communication and an opportunity to be present during the communication. Application of SPPA provisions to reviews

(7) The following provisions of the Statutory Powers Procedure Act apply with necessary modifications to a review by the Board:

Section 4 (waiver of procedural requirement).

Section 4.1 (disposition of proceeding without hearing).

Section 5.1 (written hearings).

Section 5.2 (electronic hearings).

Section 5.3 (pre-hearing conferences).

Section 21 (adjournments).

Section 21.1 (correction of errors).

Section 25.1 (rules). Reviews by Board public 56

(1) A review by the Board under

section 54 shall be open to the public, subject to subsection (2) of this section. Exclusion of public

(2) The Board may make an order that the public be exclu ded from a review or any part of a review if the Board is satisfied that, (

a) matters involving public security may be disclosed; (

b) financial, personal or other matters may be disclosed at the review of such a nature that the harm created by the disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public; (

c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or (

d) the safety of a person may be jeopardized. Orders preventing public disclosure

(3) In situations in which the Board may make an order that the public be excluded from a review, it may also make such orders as it considers necessary to prevent the public disclosure of matters disclosed at the review, including orders prohibiting the publication or broadcasting of those matters. Public information may be disclosed

(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public. Exclusion of public

(5) The Board may make an order that the public be excluded from the part of a review dealing with a motion for an order under subsection (2). Orders with respect to matters in submissions

(6) The Board may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters. Reasons for order, etc.

(7) The Board shall ensure that any order it makes under this

section and its reasons are available to the public in writing. Reconsidering of order

(8) The Board may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion.

33 Exception to closed reviews 57 If the Board makes an order under subsection 56 (2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Board may allow the person and th eir personal representative to attend the review.

PART IX DISCIPLINE AND FITNESS TO PRACTISE DISCIPLINE AND FITNESS TO PRACTISE COMMITTEE Duties of the Discipline and Fitness to Practise Committee 58 The Discipline and Fitness to Practise Committee shall, (

a) hear and determine specified allegations of a member or former member’s professional misconduct and incompetence referred to it by the Investigations and Resolutions Committee; (

b) hear and determine referrals from the Investigations and Resolutions Committee or the health inquiry panel respecting the impairment of a member or former member’s fitness to practise; (

c) hear and determine such matters referred to it by the Registrar under

section 20; and (

d) perform such other duties as are assigned to it by the Council. PROFESSIONAL MISCONDUCT AND INCOMPETENCE Professional misconduct 59

(1) After conducting a hearing, the Discipline and Fitness to Practise Committee shall find that a member or former member has committed

an act of professional misconduct if, (

a) the member or former member has been found guilty of an offence that is relevant to the suitability to practise veterinary medicine; (

b) there is proof that a member’s or former member’s rights or privileges related to the practice of veterinary medicine have been restricted or withdrawn under

an Act of the Parliament of Canada or of the Legislature of Ontario, other than under this Act, unless by the request of the member or former member ; (

c) the veterinary authority of a jurisdiction other than Ontario has found that the member or former member committed

an act of professional misconduct that would, in the opinion of the Committee , be

an act of professional misconduct under this Act; (

d) the member or former member has committed

an act of professional misconduct as defined in the regulations; or (

e) the member or former member has failed to co-operate with the Quality Assurance Committee or any assessor appointed by that committee. Incompetence

(2) After conducting a hearing, the Discipline and Fitness to Practise Committee shall find a member or former member to be incompetent if, (

a) in their professional care of an animal, the member or former member displays a lack of knowledge, skill or judgment or disregard for the welfare of the animal of a nature or to an extent that demonstrates the member or former member is unfit to engage in the practice of veterinary medicine or is fit to engage in the practice of veterinary medicine only subject to terms, conditions and limitations; or (

b) the veterinary authority of a jurisdiction other than Ontario has found that the member or former member is incompetent and, in the opinion of the Committee, the reasons for the finding would lead to a finding of incompetence under this Act. Orders of Discipline and Fitness to Practise Committee 60

(1) If the Discipline and Fitness to Practise C ommittee finds a member or former member has committed

an act of professional misconduct or is incompetent, the Committee may make and deliver to the member or former member one or more of the following orders: 1. An order directing the Registrar to revoke the member or former member’s licence or withdraw recognition of the specialist status of the member or former member, or both. 2. An order directing the Registrar to suspend the licence of the member or former member or suspend recognition of the specialist status of the member or former member, or both, for a stated period or pending the demonstration of such facts as are specified by the Committee.

34 3. An order directing the Registrar to i mpose such terms, conditions and limitations upon the licence of the member or former member for such period of time as is specified by the Committee or pending the demonstration of such f acts as are specified by the Committee. 4. An order impos ing such fine as the Committee considers appropriate, to a maximum of $2 5,000, to be paid by the member or former member to the Minister of Finance. 5. An order requiring the member or former member to appear before the Committee to be reprimanded. Same

(2) In making an order under paragraph 2 or 3 of subsection (1), the Discipline and Fitness to Practise Committee may specify criteria to be satisfied for the removal of a suspension or the removal of terms, conditions and limitations imposed on a member or former member’s licence. Suspension of order

(3) The Discipline and Fitness to Practise Committee may suspend the effect of all or part of an order made under subsection (1) for a specified period and on specified conditions. Costs of member

(4) If the Discipline and Fitness to Practise C ommittee is of the opinion that the commencement of proceedings was unwarranted, it may make an order requiring the College to pay all or part of the legal costs of the member or former member. Costs of College

(5) The Discipline and Fitness to Practise Committee may make an order requiring a member or former member who has been found by the Committee to have committed

an act of professional misc onduct or to be incompetent to pay all or part of the following costs: 1. The College’s legal costs. 2. The College’s costs incurred in investigating the matter. 3. The College’s costs incurred in conducting the hearing. Register entries

(6) If the Discipline and Fitness to Practise C ommittee imposes a fine or reprimands a member or former member, the Committee may direct that the fact and amount of the fine or the fact of the reprimand not be entered in a register. Publication and delivery of decisions Publication 61

(1) The College shall publish the decisions of the Discipline and Fitness to Practise C ommittee and their reasons, or a

summary of their reasons, in its annual report and may publish the decisions and reasons or

summary in any other publication of the College. Publication of member’s name

(2) In publishing a decision and reasons or a

summary under subsection (1), the College shall publish the name of the member or former member who was the subject of the proceeding if, (

a) the results of the proceeding may be obtained by a person from the register; or (

b) the member or former member requests the publication of their name. Withholding of member’s name

(3) The College shall not publish the name of the member or former member unless it is required to do so under subsection (2). Delivery of decision

(4) If a member or former member has been found by the Discipline and Fitness to Practise Committee to have committed

an act of professional misconduct or to be incompetent, the Registrar shall deliver a copy of the decision to any complainant. Stay of decision on appeal Professional misconduct 62

(1) If the Discipline and Fitness to Practise C ommittee directs the Registrar to revoke or suspend a licence, withdraw or suspend recognition of specialist status or impose terms, conditions or limitations upon a licence on the ground of professional misconduct, the order does not take effect until the time for appeal from the order has expired without an appeal being taken or, if taken, the appeal has been disposed of or abandoned.

35 Incompetence

(2) If the Discipline and Fitness to Practise Committee directs the Registrar to revoke or suspend a licence, withdraw or suspend recognition of specialist status or impose terms, conditions or limitations on a licence on the ground of incompetence, the decision takes effect immediately even if an appeal is taken from the decision, unless the court to which the appeal is taken orders otherwise. FITNESS TO PRACTISE Powers of Discipline and Fitness to Practise Committee 63

(1) If a matter is referred to the Discipline and Fitness to Practise Committee under subsection 52 (8), the Committee shall conduct a hearing and after the hearing shall, (

a) make a finding as to whether or not the member’s fitness to practise is impaired; and (

b) if the member’s fitness to practise is found to be impaired, by order direct the Registrar to, (

i) revoke the member’s licence, (ii) suspend the member’s licence either indefinitely or pending the demonstration of such facts as the Committee specifies, or (iii) impose such terms, conditions and limitations on the member’s licence as the Committee considers appropriate. Procedures (2) Subsections 68 (1) to (11) apply with necessary modifications to proceedings of the Discipline and Fitness to Practise Committee under this section. Closed to the public

(3) Despite the Statutory Powers Procedure Act , a hearin g by the Discipline and Fitness to Practise C ommittee under this

section shall be closed to the public but, if the member whose fitness to practise is alleged to be impaired requests otherwi se by a notice delivered to the Registrar before the day fixed for the hearing, the Committee shall conduct the hearing in public except where, (

a) matters involving public security may be disclosed; (

b) financial, personal or other matters may be disclosed at the hearing of such a nature that the harm created by discl osure would outweigh the desirability of adhering to the principle that hearings be open to the public; (

c) a person involved in a criminal proceeding or civil suit may be prejudiced; or (

d) the safety of any person may be jeopardized. Continuing jurisdiction over former member

(4) Sections 52, 53, subsections (1) to (3) and (5) to (8) of this

section and sections 64 and 65 apply with necessary modifications to an inquiry or hearing regarding the fitness to practise of a former member whose licence was s uspended and the health inquiry panel or Discipline and Fitness to Practise C ommittee, as the case may be, may provide that the revocation or suspension of a licence or the imposition of terms, conditions or limitations on a licence take effect at the same time as or immediately after an existing suspension. Parties

(5) The College, the member whose fitness to practise is alleged to be impaired and any other person specified by the Discipline and Fitness to Practise Committee are parties to a hearing before the Committee under this section. Publication prohibited

(6) No person shall take or attempt to take or publish, broadcast, reproduce or otherwise disseminate a photograph, motion picture, audio or video recording or other record capable of producing vi sual or aural representations by any means, of any person, (

a) at a hearing of the Discipline and Fitness to Practise Committee; (

b) entering or leaving a hearing of the Committee; or (

c) in the building in which a hearing of the Committee is held, if there is reasonable ground for believing that the person is there for the purpose of attending the hearing. Exceptions (7) Subsection (6) does not apply to, (

a) a person unobtrusively making handwritten notes or sketches at a hearing;

36 (

b) a solicitor or party unobtrusively making an audio recording at a hearing that is used only as a substitute for handwritten notes for the purposes of the hearing; (

c) a person taking a photograph, motion picture, audio or video recording or other record wit h the authorization of the Discipline and Fitness to Practise Committee for any purpose of the hearing; or (

d) a person taking a photograph, motion picture, audio or video recording or other record with the authorization of the Committee and the consent o f the parties and of the witnesses to be recorded, for such educational or instructional purposes as the Committee approves. Identification prohibited

(8) No person shall publish the name, or any information which could reasonably serve to identify the name, of a member who is a party to a Discipline and Fitness to Practise Committee hearing until the Committee completes the hearing and makes a decision that is required to be entered in a register, unless the member consents to such publication. Application, subss. (6) to (8)

(8.1) For greater certainty, subsections (6) to (8) apply only with respect to hearings regarding fitness to practise. Application of section (9) This

section applies instead of

section 29 of the Statutory Powers Procedure Act. Reports of medical practitioners Medical evidence 64

(1) A health professional appointed under subsection 52 (5) or otherwise retained by the member is not compellable to produce at the hearing their case histories, notes or any other records constituting medical evidence but, when required to give evidence, shall prepare a report containing the medical facts, findings, conclusions and treatment. Reports of health professionals

(2) A report described in subsection (1) is admissible as evidence a t a hearing without proof of its making or of the health professional’s signature if the party introducing the report delivers to the other parties a copy of the report at least 10 days before the hearing. Testimony of health professionals

(3) A health professional may not give evidence in their professional capacity at a hearing unless a report described subsection (1) is introduced as evidence. Cross-examination

(4) If a report described in subsection (1) is introduced by a party, the other parties may summon and cross-examine the person who prepared the report. Exception

(5) The Discipline and Fitness to Practise C ommittee may, in its discretion, allow a party to introduce evidence that is inadmissible under this

section and may make directions it cons iders necessary to ensure that the other parties are not prejudiced. Stay of decision on appeal, fitness to practis

Document details

Collection	Ontario — Bills
Citation	p43 s1 bill 171 b171rep e 20 corr.pdf
Type	bill
Volume / chapter	p43 s1 bill 171 b171rep e 20 corr.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	6549dde971d25fd322feb0644fd76dbc82a0f334

Source file is stored in the law ingest library (json).