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O. Reg. 431/00: GENERAL

filed July 10, 2000 under Veterinarians Act, R.S.O. 1990, c. V.3

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ONTARIO REGULATION 431/00

made under the

veterinarians Act

Made: March 29, 2000
Approved: June 21, 2000
Filed: July 10, 2000

Amending Reg. 1093 of R.R.O. 1990

(General)

1. Clause 3 (1) (b) of Regulation 1093 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(b) has an adequate knowledge of English or French, as demonstrated by any of the following:

1. The applicant has successfully completed before July 30, 1995,

i. the Test of English as a Foreign Language with a minimum score of 550 and the Test of Spoken English with a minimum score of 200, or

ii. tests acceptable to the College of the applicant’s ability to speak and write French with scores that reflect a competence that is at least equivalent to the competence required in English under subparagraph i.

2. The applicant has successfully completed on or after July 30, 1995,

i. the Test of English as a Foreign Language with a minimum score of 550 and the Test of Spoken English with a minimum score of 50, or

ii. tests acceptable to the College of the applicant’s ability to speak and write French with scores that reflect a competence that is at least equivalent to the competence required in English under subparagraph i.

3. The applicant has successfully completed, after July 10, 2000,

 

i. tests acceptable to the College of the applicant’s ability to speak and write in English, or

ii. tests acceptable to the College of the applicant’s ability to speak and write French with scores that reflect a competence that is at least equivalent to the competence required in English under subparagraph i;

2. Section 5 of the Regulation is revoked and the following substituted:

5. (1) To be eligible for a general licence the applicant must meet the following requirements:

1. The applicant has earned a basic degree from an accredited veterinary school or an acceptable unaccredited veterinary school.

2. The applicant has successfully completed the local examination within two years of application or holds an academic licence.

3. The applicant,

i. has obtained a score higher than 1.5 standard deviations below the mean on both parts of the national board examination for veterinary medical licensing of the National Board Examination Committee of the American Veterinary Medical Association, including the clinical competency test, if the examinations are taken on or before November 30, 1992,

ii. has obtained a passing mark on both parts of the national board examination for veterinary medical licensing of the National Board Examination Committee of the American Veterinary Medical Association, including the clinical competency test, if the examinations are taken after November 30, 1992 but before November 30, 2000, or 

iii. has obtained a passing mark on the North American Veterinary Licensing Examination, if the examination is taken on or after November 30, 2000.

4. The applicant,

i. if a graduate of an acceptable unaccredited veterinary school, after compliance with paragraph 3 of subsection (1), has successfully completed the clinical proficiency examination of the National Examining Board of the Canadian Veterinary Medical Association administered through an accredited veterinary school, or

ii. if a graduate of an accredited veterinary school who has failed either or both parts of the national board examination twice or more, after compliance with paragraph 3 of subsection (1), has successfully completed the clinical proficiency examination of the National Examining Board of the Canadian Veterinary Medical Association administered through an accredited veterinary school.

(2) Despite subsection (1), a member who surrenders a general licence and is issued an educational licence at the same time shall be deemed to meet the requirements for the issuing of a general licence for a period of two months after the termination of the educational licence.

3. The Regulation is amended by adding the following section:

9.1 (1) The requirements for issuing a postgraduate and resident licence are that the applicant,

(a) has a basic degree from an accredited veterinary school or an acceptable unaccredited veterinary school;

(b) is enrolled as an intern, resident or Doctor of Veterinary Science student at the Veterinary Teaching Hospital of the Ontario Veterinary College; and

(c) has successfully completed the local examination within two years preceding the application.

(2) The holder of a postgraduate and resident licence may engage in the practice of veterinary medicine only as required by the program in which he or she is enrolled as an intern, resident or Doctor of Veterinary Science student at the Veterinary Teaching Hospital of the Ontario Veterinary College.

(3) A postgraduate and resident licence terminates when the holder of the licence ceases to be enrolled as an intern, resident or Doctor of Veterinary Science student at the Veterinary Teaching Hospital of the Ontario Veterinary College.

4. Section 16 of the Regulation is revoked and the following substituted:

16. (1) The fees payable under the Act are set out in the Schedule.

(2) Except for the initial annual membership fee, the annual membership fee for a general licence is due on November 30 in each year, for the following year.

(3) An educational licence is valid for six months, and the fee for a renewal of an educational licence is due before the licence expires.

(4) A postgraduate and resident licence is valid for 12 months.

(5) The initial fee for a postgraduate and resident licence is due before the licence is issued, and the fee for a renewal of a postgraduate and resident licence is due before the licence expires.

(6) The inspection fee payable in respect of a certificate of accreditation is due 30 days after the inspection is performed.

5. (1) Paragraph 6 of subsection 17 (1) is amended by striking out “or” at the end of subparagraph iii, by adding “or” at the end of subparagraph iv, and by adding the following subparagraph:

v. for the purpose of identifying, locating or notifying the apparent owner of the animal, protecting the rights of the apparent owner or enforcing applicable laws in respect of the animal, where it appears that the animal is not owned by the person presenting it for treatment.

(2) Subsection 17 (1) of the Regulation is amended by adding the following paragraph:

38.1 Providing false or misleading information to the College.

(3) Section 17 is amended by adding the following subsection:

(3) Despite paragraph 26 of subsection (1), it is not professional misconduct for a member to be employed by, or have a contract to provide services to, an entity that is an individual, a partnership or a corporation, if,

(a) the member does not have a financial interest in the entity;

(b) the entity is engaged in manufacturing or selling feed for poultry or is engaged in breeding, hatching, growing, processing or feeding poultry;

(c) the entity is licensed under the Livestock Medicines Act; and

(d) the entity does not offer veterinary services as an inducement to others to buy its products or to sell products to it.

 

6. Subsection 22 (1) of the Regulation is amended by adding the following paragraph:

9.1 One of the following with respect to each surgical treatment:

i. The written consent to the surgical treatment signed by or on behalf of the owner of the animal.

ii. A note that the owner of the animal or a person on the owner’s behalf consented orally to the surgical treatment, and the reason why the consent was not in writing.

iii. A note that neither the owner of the animal nor anyone on the owner’s behalf was available to consent to the surgical treatment, and the reason why, in the member’s opinion, it was medically advisable to conduct the surgical treatment.

7. Clauses 33 (1) (a), (b) and (c) of the Regulation are amended by adding after “animal” wherever it appears “or group of animals”.

8. Subsection 40 (1) of the Regulation is revoked and the following substituted:

(1) Despite section 39, a member may,

(a) send written communications, consistent with subsection 36 (1), generally to persons not known to need professional services or ancillary services but who might in general find the availability of such services useful; and

(b) communicate with his or her regular clients regarding any matter relating to the member’s professional or ancillary services.

9. The Regulation is amended by adding the following section:

41.1 (1) Except as authorized by this section, a member shall not use a term, title or designation which indicates specialization in veterinary medicine, or represents to the public that the member is a specialist or is specially qualified in a branch of veterinary medicine.

(2) A member who holds a certificate of specialization from the National Examining Board of the Canadian Veterinary Medical Association may use a designation for the specialty approved by the Board of that Association.

(3) A member who holds a certification recognition in a specialty from the Board of the American Veterinary Medical Association may use a designation for the specialty approved by the Board of that Association.

10. (1) Subsection 43 (2) is amended by striking out “in accordance with subsection (4)” at the end and substituting “in accordance with subsection (4), (5) or (6)”.

(2) Clause 43 (4) (f) of the Regulation is revoked and the following substituted:

(f) an employee of Gencor The Genetic Corporation who has been employed continuously by it since September 14, 1998, if, in the course of employment, the member’s practice with respect to animals not owned by Gencor is limited to services in respect of fertility, including ova and embryo transfer;

  (f.1) an employee of Gencor The Genetic Corporation who has not been employed continuously by it since September 14, 1998, if, in the course of employment, the member’s practice with respect to animals not owned by Gencor is limited to services in respect of ova and embryo transfer;

(3) Section 43 of the Regulation is amended by adding the following subsections:

(5) A member may practice veterinary medicine if all of the following requirements are met:

1. The member is employed by, or has a contract to provide services to, an entity that is an individual, a partnership or a corporation.

2. The entity does not provide services or products that are exclusive to veterinary medicine.

3. In the course of the member’s employment or provision of services, the member performs professional services related only to the entity’s products or  services, for an established customer of the entity and at the customer’s farm or similar establishment.

4. In the course of the member’s employment or provision of services, the member takes all reasonable steps to notify the normally attending veterinarian of the member’s proposed visit and the reasons for it so that the normally attending veterinarian can discuss the matter with his or her client, and, if desirable, arrange to meet the member before or at the visit.

(6) A member may practice veterinary medicine if all of the following requirements are met:

1. The member is employed by, or has a contract to provide services to, an entity that is an individual, a partnership or a corporation.

2. The entity is engaged in manufacturing or selling feed for poultry or is engaged in breeding, hatching, growing, processing or feeding poultry.

3. The entity does not offer veterinary services as an inducement to others to buy its products or to sell products to it.

11. Section 45 of the Regulation is amended by adding the following subsection:

(5.1) A vaccination performed under this Part must be performed by a member.

12. The Schedule to the Regulation is revoked and the following substituted:

Schedule

FEES

Item

 

Fee

1.

Local examination 

$100

2.

Application fee for short–term licence

25

3.

Application fee for educational licence

25

4.

Application fee for postgraduate and resident licence

 50

5.

Application fee for all other licences

 50

6.

Licence fee for short–term licence

Nil

7.

Licence fee for educational licences

Nil

8.

Licence fee for all other licences

 50

9.

Membership fee for short–term licence 

100

10.

Membership fee for educational licence

 50

for six months

Item

 

Fee

11.

Membership fee for postgraduate and resident licence


$525

per year

12.

Membership fee for all other licences

525

per year

13.

Initial annual membership fee where licence is issued between April 1 and June 30

395

14.

Initial annual membership fee where licence is issued between July 1 and September 30

265

15.

Initial annual membership fee where licence is issued between October 1 and December 31

135

16.

Annual membership fee, excluding the initial annual membership fee, for the holder of a general licence who resides outside of Ontario and does not practise veterinary medicine in Ontario

200

17.

Penalty for late payment of an annual membership fee

100

18.

Penalty for late payment of a fee for an educational licence

25

19.

Inspection administrative fee 

125

20.

Fee for the inspection of a companion animal hospital, a companion animal emergency clinic, a food–producing animal hospital or an equine clinic




85

plus inspection administration fee

21.

Fee for the inspection of a companion animal office, companion animal mobile office, companion animal spay–neuter clinic or a poultry service




70

plus inspection administration fee

Item

 

Fee

22.

Fee for the inspection of a companion animal mobile, a food–producing animal mobile, an equine mobile or an equine emergency mobile




$  60

plus inspection administration fee for one mobile

23.

For the inspection under item 22 if another facility is being inspected at the same time for the purposes of being accredited

45

24.

For an inspection of two or more mobiles under item 22 of the same kind, at the same location and at the same time



60

for the first mobile plus inspection administration fee for one mobile, $45 for each additional mobile

25.

Penalty for late payment of a fee for inspection of one location

75

26.

Certificate of standing

10

 

 


Council of the College of Veterinarians of Ontario:

Kelly–Leigh Thomas

President

John L. Henry

Registrar

Dated on March 29, 2000.