O. Reg. 24/02: GENERAL

 

ONTARIO regulation 24/02

made under the

veterinarians act

Made: November 15, 2001
Approved: January 23, 2002
Filed: January 25, 2002
Printed in The Ontario Gazette: February 9, 2002

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

(General)

1. (1) Paragraphs 14 and 20 of subsection 17 (1) of Regulation 1093 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

14. Adding a charge to a disbursement.

. . . . .

20. Selling, or attempting to sell, an account for professional services to a third party.

(2) Subparagraph 37 iii of subsection 17 (1) of the Regulation is revoked and the following substituted:

iii. maintains a partnership or association with him or her or is a shareholder in a professional corporation in which he or she is a shareholder or of which he or she is an employee,

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

43.1 Being a shareholder, officer or director of a professional corporation where the professional corporation does or omits to do anything that would be professional misconduct if done or omitted to be done by the member.

(4) Paragraph 44 of subsection 17 (1) of the Regulation is revoked and the following substituted:

44. An act or omission relevant to the practice of veterinary medicine that, having regard to the circumstances, would be regarded by members as disgraceful, dishonourable or unprofessional.

45. Conduct unbecoming a veterinarian.

(5) Subsection 17 (1) of the Regulation is amended by adding the following subsection:

(4) For the purposes of,

(a) paragraph 14 of subsection (1), it is not professional misconduct to charge a fee for the interpretation of the results of a laboratory investigation;

(b) paragraph 20 of subsection (1), it is not professional misconduct to retain a lawyer or agent to collect unpaid accounts or to accept payment for professional services by credit card.

2. (1) Section 41 of the Regulation is amended by adding the following subsection:

(1.1) If a member practises veterinary medicine on behalf of a professional corporation, he or she may, despite subsection (1), use the name of the professional corporation in practising the profession.

(2) Clause 41 (4) (c) of the Regulation is revoked and the following substituted:

(c) may tend to be confused with the designation of another veterinary facility or the name of a professional corporation.

3. Subsection 42 (3) of the Regulation is revoked and the following substituted:

(3) Clause (2) (a) does not prevent a member,

(a) from entering into a partnership agreement with another member under which the drawings, interest or remuneration of the partners is related to the amount of fees charged by them; or

(b) from entering into an agreement with another member to form a professional corporation, under which the drawings, interest or remuneration of the members is related to the amount of fees charged by them.

4. Subsection 43 (4) of the Regulation is amended by adding the following clause:

(h) a shareholder or employee of a professional corporation.  

5. The Regulation is amended by adding the following Part: 

PART V.1
PROFESSIONAL CORPORATIONS

44.1 (1) A professional corporation may be eligible for a certificate of authorization if the following conditions are met:

1. The articles of incorporation provide that the corporation may not carry on a business other than the practice of the profession and activities related to or ancillary to the practice of the profession.

2. The name of the corporation complies with the requirements in section 3.2 of the Business Corporations Act and with those set out in subsections (2) to (5).

3. Each shareholder of the corporation holds a licence issued by the Registrar. Before applying for a certificate of authorization, a member shall first obtain the approval of the Registrar for the proposed name of the professional corporation and take the necessary steps to incorporate the professional corporation.

4. None of the shareholders of the corporation have been involved as shareholders of a professional corporation whose certificate of authorization was suspended or revoked unless the Registrar is satisfied that it is unlikely that the certificate of authorization being applied for will be suspended or revoked.

(2) A name of a professional corporation shall,

(a) be proper and fitting; and 

(b) include,

(i) the name or names of all of the shareholders of the professional corporation as they appear in the register of members referred to in subsection 19 (1) of the Act,

(ii) the name of the accredited facility owned by a shareholder of the professional corporation at which the practice is carried on exclusively through the professional corporation, or

(iii) a geographical reference appropriate to the location of the accredited facility or facilities at which the practice is carried on or the surname of a present or previous shareholder that is not easily confused with the name of any other member, accredited facility or professional corporation and, subject to subsection (3), one of the words “animal”, “pet” or “veterinary” or their equivalents in French.

(3) If the practice of the professional corporation is restricted to one particular species of animal, the name of that species may be used alone or in conjunction with one of the words “animal”, “pet” or “veterinary” or their equivalents in French and, if the practice of the professional corporation is restricted to poultry, the word “poultry”, or its equivalent in French, alone or in conjunction with the word “veterinary” or its equivalent in French.

(4) The name may be in either English or French or in both languages.

(5) The name of a professional corporation shall not use designations or terms used by veterinary facilities except as permitted in subclause (2) (b) (ii).

44.2 The Registrar shall issue a certificate of authorization to a corporation if the corporation is eligible under subsection 44.1 (1) and applies for the certificate by producing the following to the Registrar at the time and in the manner specified by the College:

1. A completed application in a form approved by the College.

2. The application fee of $200.

3. A certificate of status of the corporation issued by the Ministry of Consumer and Business Services within six months of the date of the application.

4. A copy of the articles of the corporation certified to be complete and accurate as of the date of the application by the person who is proposed as the corporation’s managing director.

5. The statutory declaration of the managing director certifying,

i. that the corporation is in compliance with section 3.2 of the Business Corporations Act as of the date of the application,

ii. that the corporation does not carry on any business that is not the practice of veterinary medicine or activities related to or ancillary to the practice of veterinary medicine,

iii. that the corporation has not previously held a certificate of authorization or, where the corporation has held such a certificate, providing full details with respect to it,

iv. that none of the shareholders of the corporation has been a shareholder of a corporation that previously held a certificate of authorization or, where any one of them was a shareholder of such a corporation, providing full details with respect to it. 

6. The name of each shareholder of the corporation as of the date of the application and the number of his or her licence issued by the Registrar.

7. The names, business addresses and business telephone numbers of the officers and directors of the corporation as of the date of the application and an indication of who the managing director is.

44.3 The Registrar shall refuse to issue a certificate of authorization if the corporation is not eligible under subsection 44.1 (1) or if the corporation does not comply with all of the requirements of section 44.2.

44.4 (1) A certificate of authorization is valid for a period of three years from its date of issue.

(2) The Registrar shall renew a certificate of authorization if the corporation is in compliance with the Act and the regulations and the Business Corporations Act, and applies for the renewal before the end of the three-year term of the certificate by providing a completed application in the form approved by the College and the renewal fee of $100.

(3) A renewed certificate of authorization is valid for a period of three years from its date of issue.

44.5 (1) The Registrar shall suspend a corporation’s certificate of authorization if,

(a) the corporation fails to renew the certificate under section 44.4 on or before  the end of its term; or

(b) the name of the corporation contains the name or names of a shareholder’s accredited facility and the certificate of accreditation has expired or been suspended or revoked.

(2) The Registrar may suspend a corporation’s certificate of authorization if,

(a) the corporation no longer complies with the requirements for the issuance of a certificate of authorization;

(b) the corporation uses a name other than its approved name;

(c) the corporation fails to deliver a notice required under section 44.10; and

(d) the corporation fails to act in a manner that is consistent with the requirements of the Act, the regulations and the Business Corporations Act.

(3) The Registrar may impose conditions and limitations on the holder of a certificate of authorization,

(a) with the consent of the professional corporation; or

(b) instead of suspending the certificate of authorization.

(4) The Registrar may lift a suspension or remove terms and conditions if the corporation remedies, to the satisfaction of the Registrar,

(a) the conduct that resulted in the suspension or the imposition of terms and conditions; and

(b) any other conduct that might result in another suspension or the imposition of more terms and conditions.

44.6 The Registrar may revoke a certificate of authorization if a suspension of the certificate of authorization or terms and conditions imposed on it have not been lifted within one year from the commencement of the suspension or imposition of the terms and conditions.

44.7 (1) A corporation that is dissatisfied with a decision of the Registrar relating to the issue, renewal, suspension or revocation of a certificate of authorization or to the imposition of terms and conditions on a certificate may apply to the Registration Committee for a review of the decision by filing with the Registrar a written request for a review, all supporting documentation in its possession and a fee of $100.

(2) Upon receipt of a request for a review, the Registrar shall set a date, time and place for the review and shall deliver a written notice of the review to the corporation, together with copies of any documents in support of the Registrar’s decision in the Registrar’s possession that were not filed by the professional corporation, at least 15 days before the date of the review.

(3) The Registrar and a representative of the professional corporation are parties to the review.

(4) The Registrar and the representative of the professional corporation shall have the opportunity to make submissions to the Registration Committee and to file documents that have been disclosed, but they shall not be permitted to question each other or call witnesses.

(5) The Registration Committee may do anything the Registrar may do with respect to the issue, renewal, suspension or revocation of a certificate of authorization or the imposition of terms and conditions on a certificate.

(6) If the Registration Committee finds in favour of the professional corporation, it may direct the Registrar to repay the review fee to the corporation.

(7) The decision of the Registration Committee on a review is final.

44.8 The shareholders of a professional corporation may terminate the certificate of authorization of the corporation by notifying the Registrar that they no longer intend to practise through the corporation and by signing an undertaking that they will not practice veterinary medicine through the professional corporation, or another professional corporation, without first obtaining the required certificate of authorization.

44.9 (1) The register of professional corporations established and maintained under subsection 5.2 (1) of the Act shall contain,

(a) the name of every professional corporation that has been issued a certificate of authorization;

(b) the address and telephone number of every professional corporation;

(c) the name of the managing director and every other shareholder of every professional corporation;

(d) information regarding terms and conditions imposed on a certificate of authorization and suspensions, revocations and terminations of certificates of authorization; and

(e) such other information about professional corporations as the Council may determine if the members are notified of the requirements for other information in a timely manner in a publication disseminated to the members.

(2) The register shall be kept at the head office of the College and be accessible to members and the public during normal business hours.

44.10 A professional corporation shall deliver a written notice to the Registrar within 30 days of the occurrence of any of the following events:

1. Any change in the information contained in the original application form or the last renewal application, including a change in the shareholders or in the managing director.

2. Any material change in the structure or operation of the business of the professional corporation, including,

i. the initiation of criminal or quasi-criminal proceedings against it,

ii. the death of a shareholder,

iii. its bankruptcy or insolvency,

iv. the appointment of a receiver for it, or

v. the filing of an application for its winding-up.

44.11 (1) Every professional corporation shall name one of its shareholders as the managing director of the corporation.

(2) The managing director has primary responsibility for the professional corporation’s dealings with the College.

Council of the College of Veterinarians of Ontario:

Cheryl Yuill

Vice President

B. E. Leslie

Registrar

Dated on November 15, 2001.

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