O. Reg. 260/22: GENERAL
filed April 4, 2022 under Veterinarians Act, R.S.O. 1990, c. V.3
Skip to contentontario regulation 260/22
made under the
Veterinarians Act
Made: March 18, 2022
Approved: March 31, 2022
Filed: April 4, 2022
Published on e-Laws: April 4, 2022
Printed in The Ontario Gazette: April 23, 2022
Amending Reg. 1093 of R.R.O. 1990
(GENERAL)
1. Section 2 of Regulation 1093 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:
“facility director” means the facility director designated under subsection 10 (1) as the facility director for a veterinary facility;
2. Sections 10 to 14 of the Regulation are revoked and the following substituted:
Facility Accreditation
10. (1) In order to obtain, maintain or renew a certificate of accreditation for a veterinary facility, other than a temporary facility, the owners of the veterinary facility or the partners in the practice conducted in or from the facility, as the case may be, shall designate a facility director.
(2) The facility director shall be responsible for the oversight of the veterinary facility, including ensuring that the facility is operated in accordance with the Act, the regulations and the standards established by the Council under section 8 of the Act.
(3) The facility director shall ensure that their name and contact information are clearly and publicly displayed at the veterinary facility.
(4) For greater certainty, despite the designation of a facility director, each member practising in or from a veterinary facility is responsible for meeting the requirements set out in the Act and the regulations and the standards established by the Council under section 8 of the Act.
11. (1) A certificate of accreditation for a veterinary facility, other than a temporary facility, shall not be issued or renewed unless the veterinary facility and the applicant meet the applicable requirements set out in the Act and the regulations and the standards established by the Council under section 8 of the Act.
(2) The following requirements apply with respect to an application for the issuance or renewal of a certificate of accreditation for a veterinary facility, other than a temporary facility:
1. The application shall be submitted by the facility director to the College.
2. The applicant shall submit the application on a form provided by the Registrar.
3. The applicant must,
i. hold a general or restricted licence the conditions of which are consistent with the conditions of the certificate of accreditation that is being sought, and
ii. be engaged in the practice of veterinary medicine conducted in or from the veterinary facility in respect of which the application is being made.
4. With respect to an application for a renewal of a certificate of accreditation, the applicant must be in compliance with any terms, conditions and limitations as specified by the Registrar on the existing certificate of accreditation.
5. The applicant shall pay the fees set out in the by-laws and shall not be in default of any fees.
6. The applicant shall provide, on a form provided by the Registrar, a written undertaking that the applicant will,
i. be responsible for the oversight of the facility, including ensuring that the facility is operated in accordance with the Act, the regulations and the standards established by the Council under section 8 of the Act, and
ii. ensure that only members will have responsibility for and control over all of the clinical and professional aspects of the provision of services through the facility, including maintaining the standards of practice of the profession.
7. If the facility director is not an owner of the veterinary facility or a partner in the practice conducted in or from the facility that is the subject of the application, the application shall include a written attestation from the owners or partners, as the case may be, that the facility director is authorized to be the facility director and is authorized to provide the undertaking required under paragraph 6.
12. (1) A certificate of accreditation expires five years after it is issued or renewed unless,
(a) it expires at an earlier date pursuant to subsection (2); or
(b) the Registrar issues or renews the certificate on condition that it expire at an earlier date.
(2) A certificate of accreditation shall expire before the period described in subsection (1) if any of the following events occurs:
1. A veterinary facility, or a stationary element of a facility with a mobile element, is relocated.
2. The veterinary facility no longer has a facility director.
3. The veterinary facility no longer has any members who would meet the requirements in paragraph 3 of subsection 11 (2).
4. The veterinary facility no longer has any members who have made an undertaking that would satisfy the requirements set out in paragraph 6 of subsection 11 (2).
13. The holder of a certificate of accreditation shall immediately notify the College, in writing, if any of the following events occur:
1. Any change to the name of the veterinary facility.
2. Any change in the type of species treated in or from the facility.
3. Any change in the scope of veterinary services offered in or from the facility.
4. The relocation of the veterinary facility or of a stationary element of a facility with a mobile element.
5. Any change in the identity of the facility director.
6. The facility no longer has any members who would satisfy the requirements set out in paragraph 3 of subsection 11 (2).
Temporary Facilities
14. (1) A certificate of accreditation for a temporary facility shall not be issued unless the temporary facility and the applicant meet the applicable requirements set out in the Act and the regulations and the standards established by the Council under section 8 of the Act.
(2) The following requirements apply with respect to an application for a certificate of accreditation for a temporary facility:
1. The application shall be submitted by the applicant to the College.
2. The applicant shall submit the application on a form provided by the Registrar.
3. The applicant must,
i. hold a general or restricted licence the conditions of which are consistent with the conditions of the certificate of accreditation that is being sought, and
ii. be engaged in the practice of veterinary medicine conducted in or from the temporary facility.
Certificates of Accreditation
15. (1) A certificate of accreditation for a veterinary facility, including a temporary facility, issued by the Registrar must include the facility name, location, any terms, conditions or limitations and the date of expiry of the certificate.
(2) A certificate of accreditation for a veterinary facility, including a temporary facility, limits the veterinary practice in or from the facility to the veterinary services specified in the certificate and for the period of time specified in the certificate which, in the case of a temporary facility, shall be no longer than 30 days.
(3) The holder of a certificate of accreditation,
(a) in the case of a veterinary facility other than a temporary or mobile facility, shall ensure that the certificate of accreditation is posted visibly in the veterinary facility; or
(b) in the case of a temporary or a mobile facility, shall make the certificate of accreditation available to any person for review upon request.
Transition
15.1 (1) A certificate of accreditation that was in force immediately before the day this section comes into force is continued and is subject to the same terms, conditions and limitations that were in effect immediately before that day.
(2) For greater certainty, the continuation of the certificate of accreditation does not change the status of a hearing or review related to the certificate of accreditation, or any associated deadlines, if the hearing or review was commenced but not concluded before the day this section comes into force.
(3) A certificate of accreditation that is continued under subsection (1) shall expire in accordance with the rules that were in effect immediately before the day this section comes into force.
15.2 Despite section 11, an application for the issuance or renewal of a certificate of accreditation that was submitted before the day section 11 comes into force shall be determined in accordance with this Regulation as it read immediately before that day.
3. Clause 18 (3) (d) of the Regulation is amended by striking out “the Ontario Society for the Prevention of Cruelty to Animals Act,” and substituting “the Provincial Animal Welfare Services Act, 2019,”.
4. The definition of “Schedule 1” in subsection 23 (1) of the Regulation is amended by striking out “established under section 3 of Ontario Regulation 58/11 (General)” and substituting “established under section 3 of Ontario Regulation 264/16 (General)”.
5. Sections 35 to 41.1 of the Regulation are revoked and the following substituted:
35. A member shall not advertise or communicate the availability of veterinary or ancillary services except in accordance with this Part.
36. (1) A member shall ensure that information included in their advertisements complies with the following rules:
1. The information must be factual, accurate and verifiable.
2. The information must not,
i. be false, misleading or deceptive by the inclusion or omission of information,
ii. contain any comparative or superlative statements, or
iii. contain any endorsement or promotion of drugs or third-party service providers.
3. The information must not reasonably be regarded by the members as likely to demean the integrity or dignity of the profession or to bring the profession into disrepute.
(2) No member shall cause or permit their status as a licensed veterinarian to be used in any communication offering a product or service to the public other than products, veterinary services or ancillary services that are offered by the member in their professional capacity.
(3) 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, unless the member is qualified in that specialization in accordance with subsection (4).
(4) In order to be qualified in a specialization for the purposes of subsection (3), a member must be a graduate of a program that is approved by the Council and is designed to educate a person to be a veterinary specialist in that area.
6. Paragraph 5 of subsection 43 (3) of the Regulation is revoked and the following substituted:
5. A pound operated under the Animals for Research Act or an entity prescribed under subsection 6 (1) of Ontario Regulation 447/19 (Ministerial Prescriptions) made under the Provincial Animal Welfare Services Act, 2019.
7. (1) Subsection 50 (2) of the Regulation is amended by striking out “section 10” and substituting “section 11”.
(2) Subsection 50 (6) of the Regulation is amended by striking out “clauses 10 (a) to (d)” and substituting “section 11”.
Commencement
8. This Regulation comes into force on the later of July 1, 2022 and the day this Regulation is filed.
Made by:
Pris par :
Council of the College of Veterinarians of Ontario:
Le Conseil de l’Ordre des vétérinaires de l’Ontario :
Dr. Lorie Gold
Jan Robinson
Registrar and Chief Executive Officer
Date made: March 18, 2022
Pris le : 18 mars 2022