Enhancing Professional Care for Animals Act, 2024 — Bill 171 (43rd Parliament, 1st Session)
Bill 171, 43-1
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Bill 171, Enhancing Professional Care for Animals Act, 2024
Thompson, Hon. Lisa M. Minister of Agriculture, Food and Rural Affairs
Royal Assent received. Statutes of Ontario 2024,
chapter 15
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Bill 171 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 171 and does not form part of the law.
Bill 171 has been enacted as
Chapter 15 of the Statutes of Ontario, 2024.
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Veterinarians Act is repealed and replaced with the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 College 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 investigations 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, grants 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
Act to enact the Veterinary Professionals Act, 2024 and amend or repeal various
acts
CONTENTS
Contents
of this Act
Commencement
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.
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.
improving oversight of the veterinary profession in the public interest and
increasing transparency to benefit veterinary 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
(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
VETERINARY PROFESSIONALS ACT, 2024
CONTENTS
PART I
INTERPRETATION
Interpretation
PART II
GOVERNANCE
College
College
of Veterinary Professionals of Ontario
Objects
Council
Council
Officers
Quorum
Committees
Committees
Panels
of committees
PART III
AUTHORIZED ACTIVITIES, RISK OF HARM AND RESTRICTED TITLES
Authorized Activities
Authorized
activities
Exceptions
Risk of Harm
Risk
of harm
Restricted Titles and Terms
Restricted
titles
Restricted
terms
PART IV
LICENSING AND ACCREDITATION
Licensing
Licensees
Application
Issuance
of licence
Consideration
by Licensing Committee
Termination
of licences
Continuing
jurisdiction
Applications
after revocation, suspension, etc.
Accreditation
Certificate
of accreditation required
Application
Inspections
Issuance
of certificate of accreditation
Consideration
by Accreditation Committee
Referral
of existing certificate of accreditation
Review by board
Hearing
or review
Hearing
public
Exception
to closed hearings
Procedure
for hearings, reviews
PART V
EXECUTIVE COMMITTEE
Executive
Committee
PART VI
QUALITY ASSURANCE
Quality Assurance Program
Quality
assurance program
Quality Assurance Committee
Function
of the Committee
Compliance with Quality
Assurance
Co-operation
by members
Confidentiality
of information
Quality
assurance and other information
PART VII
REPORTS AND COMPLAINTS
Members’ Reporting Obligations
Report
by member
Self-report
re offences
Self-report
re professional negligence and malpractice
Self-report
re other professional memberships and findings
Self-report
re charges and bail conditions
Publication
ban
Complaints
Complaints
Complaints
in bad faith
Alternative Dispute Resolution
Process
Registrar’s Investigations
Appointment
of investigator
Powers
of investigator
Copying
of documents and objects
PART VIII
INVESTIGATIONS AND RESOLUTIONS
Investigations and Resolutions
Committee
Duties
of the Investigations and Resolutions Committee
Complaints
in bad faith
Interim Orders
Interim
orders
Fitness to Practise
Definition
Interim
order
Review By Board
Review
of certain decisions
Rules
re review process
Reviews
by Board public
Exception
to closed reviews
PART IX
DISCIPLINE AND FITNESS TO PRACTISE
Discipline and Fitness to
Practise Committee
Duties
of the Discipline and Fitness to Practise Committee
Professional Misconduct and
Incompetence
Professional
misconduct
Orders
of Discipline and Fitness to Practise Committee
Publication
and delivery of decisions
Stay
of decision on appeal
Fitness to Practise
Powers
of Discipline and Fitness to Practise Committee
Reports
of medical practitioners
Stay
of decision on appeal, fitness to practise
Hearings
Public
Discipline and Fitness to
Practise Committee Hearing Process
Committee
Process
PART X
APPEAL TO COURT
Appeal
to court
PART XI
PROFESSIONAL CORPORATIONS
Professional
corporations
Notice
of change of shareholder
Application
re members
Professional,
fiduciary and ethical obligations to clients
Conflict
in duties
Restrictions
re certificate
PART XII
OFFENCES
Type
A offences
Type
B offences
Limitation
period
PART XIII
POWERS OF MINISTER AND LIEUTENANT GOVERNOR IN COUNCIL
Powers
of Minister
Reports
College
supervisor
PART XIV
GENERAL
Registers
Confidentiality
Hearings
and submissions
Evidence
in civil proceedings
Court
orders
Registrar’s
certificate as evidence
Delivery
of notice, order or document
Posting
of timelines
Crown
liability
personal liability or liability of College
Proceedings
barred
PART XV
REGULATIONS, STANDARDS AND BY-LAWS
Regulations
Regulations,
Council
Lieutenant
Governor in Council Regulations
Regulations,
Minister
General
provisions re regulations
Standards
Standards
By-laws
By-laws
PART XVI
TRANSITION
Definitions
Transition
Council
Registrar
Members
Certificates
of accreditation continued
Certificates
of authorization
Orders
and directions
Reporting
re fitness to practise
Regulations
PART XVII
SELF-AMENDMENTS, CONSEQUENTIAL AMENDMENTS AND REPEAL
Self-amendment
Animal
Health Act, 2009
Animals
for Research Act
Business
Corporations Act
Dog
Owners’ Liability Act
Drug
and Pharmacies Regulation Act
Fair
Access to Regulated Professions and Compulsory Trades Act, 2006
Livestock
Community Sales Act
Ministry
of Health and Long-Term Care Appeal and Review Boards Act, 1998
Ontario
Labour Mobility Act, 2009
Opioid
Damages and Health Care Costs Recovery Act, 2019
Provincial
Animal Welfare Services Act, 2019
Repeal
PART XVIII
COMMENCEMENT AND
SHORT TITLE
Commencement
Short
title
Schedule 1
Authorized
activities
Part
Interpretation
Definitions
(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 veterinary 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; (“membre 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 person 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
(1) The College of Veterinarians of Ontario is
continued under the name College of Veterinary Professionals of Ontario in
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
(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 access 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.
Council
Council
(1) The College shall have a Council that shall
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 than 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
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 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
(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
(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
(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.
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
(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
(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 while 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; and
(
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 fulfilling the requirements to become a member and
the activity is done under the supervision or direction of a veterinarian member.
Authorized
activities — professionals
(5) Despite
subsections (1) and (3), the following 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
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
(1) No person other than a member acting within
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 activity is an authorized activity that
was delegated under subsection 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
(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 use the title “Registered veterinary technician” or
“Registered veterinary 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.
Restricted
terms
13 No person shall use the term “veterinary facility” or
variations, abbreviations, abbreviations of variations or equivalents in
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
(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
(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
(
b) if
the Registrar refers an application to the Licensing Committee, 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 issue a licence, the applicant may
require the Registrar to refer the application to the Licensing Committee.
Consideration
by Licensing Committee
(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 additional 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 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).
Termination
of licences
Voluntary
cancellation
(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 that 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
(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 for the period of the suspension.
Applications
after revocation, suspension, etc.
Application
for licence after revocation
(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 until 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;
(
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 the 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.
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
(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
(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
(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
(
b) impose
any terms, conditions or limitations on the certificate of accreditation 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 accreditation 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
(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 of 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 of 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 or review 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 or review under
section 27;
and
(
d) of
any exemption under subsection (3).
Referral
of existing certificate of accreditation
(1) At any point after a certificate of
accreditation is issued or renewed, the 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 accreditation
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 in 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 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 terms, 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 to 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
accreditation.
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.
Review by board
Hearing
or review
Request
to Board
(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 Registrar 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 Board 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 further 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 considers appropriate in cases where the Board finds that the
applicant 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
(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 the 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 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 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 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 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
(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,
(
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 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.
Exception
(7) The
Board may, in its discretion, allow the introduction of evidence that is
inadmissible under subsection (6) and 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.
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 received 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
(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
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 assuring 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
practice 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
(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, refer 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 Committee shall consider any written submissions received in
accordance with subsection (4) before giving a direction to the Registrar.
Compliance with Quality Assurance
Co-operation
by members
(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 the owner’s representative to allow
an assessor or the Committee to inspect records relating to the animal’s care.
Confidentiality
of information
(1) Except as provided in 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
(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.
3. Information
that is prepared by a member or on behalf of a member solely or primarily 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 admissible 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
(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.
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.
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
(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
(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 Ontario.
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
(1) A member shall advise the Registrar if the
member is a member of another body that governs a profession 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.
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
(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
(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
(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.
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 written 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 consent 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
(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, vexatious, made in bad
faith, moot or otherwise an abuse of process, may be subject to a review by the
Board.
Alternative Dispute Resolution
Process
(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 parties 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,
(
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 subsection 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
(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
(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 examine 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 receipt, 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, processing 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
(
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
(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.
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
(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 specify 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 former
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 Registrar 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 of 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
regulations 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.
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 member or former member
with advice in respect of the practice of veterinary medicine.
Complaints
in bad faith
(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
(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;
(
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
(1) In this section,
“health
inquiry panel” means a panel of the Investigations and Resolutions 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
(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 likely to expose an animal or human to harm or injury.
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 finally disposed of by the health inquiry
panel or the Discipline and Fitness to Practise Committee.
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
(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 party 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.
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 Board 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 Investigations 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
(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 proceeding; 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;
(
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.
communication by Board members
(6) No
member of the Board 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
(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 excluded 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.
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 their
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
(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
(1) If the Discipline and Fitness to Practise Committee
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.
3. An
order directing the Registrar to impose 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 facts as are
specified by the Committee.
4. An
order imposing such fine as the Committee considers appropriate, to a maximum
of $25,000, 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 Committee 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 misconduct 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 Committee 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
(1) The College shall publish the decisions of
the Discipline and Fitness to Practise Committee 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
(1) 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
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.
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
(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 hearing
by the Discipline and Fitness to Practise Committee under this
section shall be
closed to the public but, if the member whose fitness to practise is alleged to
be impaired requests otherwise 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 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 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 suspended and the
health inquiry panel or Discipline and Fitness to Practise Committee, 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 visual 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;
(
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 with 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 of 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)
(9) For
greater certainty, subsections (6) to (8) apply only with respect to hearings
regarding fitness to practise.
Application
of section
(10) This
section applies instead of
section 29 of the Statutory
Powers Procedure Act .
Reports
of medical practitioners
Medical
evidence
(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 at 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