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Veterinarians Act

R.S.O. 1990, CHAPTER V.3

Consolidation Period: From June 1, 2011 to the e-Laws currency date.

Last amendment: 2010, c. 15, s. 247.

CONTENTS

1.

Interpretation

2.

Name

3.

Objects

4.

Council

5.

Membership

5.1

Professional corporations

5.2

Registry

5.3

Notice of change of shareholder

5.4

Application of Act, etc.

5.5

Professional, fiduciary and ethical obligations to clients

5.5.1

Conflict in duties

5.6

Restrictions apply to corporation’s certificate

6.

Powers of Minister

7.

Regulations

8.

Standards for veterinary facilities

9.

By-laws

10.

Establishment of committees

11.

Licence required

12.

Executive Committee

13.

Registration Committee

14.

Issuance of licence

15.

Certificate of accreditation required

16.

Accreditation Committee

17.

Issuance of certificate of accreditation

18.

Hearing

18.1

Hearings public

18.2

Exception to closed hearings

18.3

Procedure for hearings, reviews

19.

Registers and directories

20.

Continuation of memberships

21.

Continuation of certificates of accreditation

22.

Referral of certificate of accreditation

23.

Complaints Committee

24.

Duties of Complaints Committee

25.

Review of complaints decision

25.1

Reviews by Board public

25.2

Exception to closed reviews

26.

Investigation of complaint by Board

26.1

Extension of time limits

27.

Powers of Board after review or investigation of complaint

28.

Discipline Committee

29.

Publication prohibited

30.

Reference to Discipline Committee

31.

Publication and service of decision of Discipline Committee

32.

Stay of decision on appeal

33.

Procedures, impairment of member

34.

Stay of decision on appeal

35.

Appeal to court

36.

Registrar’s investigation

37.

Applications re licences, procedures

38.

Confidentiality

39.

Order directing compliance

40.

Offences

41.

Offences re falsification, etc.

42.

Onus of proof respecting licensing

43.

Service of notice or document

44.

Registrar’s certificate as evidence

45.

Immunity

47.

Application of Acts

48.

Interpretation

Interpretation

1. (1) In this Act,

“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 made under this Act; (“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 Veterinarians of Ontario; (“Ordre”)

“Council” means the Council of the College; (“conseil”)

“drug” means drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act; (“médicament”)

“impaired”, in relation to a person, means suffering from a physical or mental condition or disorder of a nature and extent that adversely affects the person’s ability to practice veterinary medicine; (“affaibli”)

“licence” means a licence to engage in the practice of veterinary medicine issued under this Act; (“permis”)

“Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”)

“practice of veterinary medicine” includes the practice of dentistry, obstetrics including ova and embryo transfer, and surgery, in relation to an animal other than a human being; (“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”)

“Registrar” means the Registrar of the College; (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”)

“veterinary facility” means a building, land or vehicle or any combination of them used or intended to be used as a place in or from which to engage in the practice of veterinary medicine. (“établissement vétérinaire”) R.S.O. 1990, c. V.3, s. 1 (1); 1998, c. 18, Sched. G, s. 73 (2, 3); 2000, c. 42, Sched., s. 45; 2009, c. 33, Sched. 1, s. 26 (1); 2009, c. 33, Sched. 18, s. 17 (2).

Hearings and submissions

(2) Despite the Statutory Powers Procedure Act, no board, committee, person or group of persons shall be required to hold a hearing or to afford to any person an opportunity to appear or to make submissions before making a decision or proposal, giving a direction or otherwise disposing of a matter under this Act except to the extent that a hearing or an opportunity to appear or to make submissions is specifically required by this Act. R.S.O. 1990, c. V.3, s. 1 (2).

Name

2. The Ontario Veterinary Association, a body corporate, is continued as a corporation without share capital under the name College of Veterinarians of Ontario in English and the name Ordre des vétérinaires de l’Ontario in French. R.S.O. 1990, c. V.3, s. 2.

Objects

3. (1) The principal object of the College is to regulate the practice of veterinary medicine and to govern its members in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected.

Idem

(2) For the purpose of carrying out its principal object, the College has the following additional objects:

1. To establish, maintain and develop standards of knowledge and skill among its members.

2. To establish, maintain and develop standards of qualification and standards of practice for the practice of veterinary medicine.

3. To establish, maintain and develop standards of professional ethics among its members.

4. To promote public awareness of the role of the College.

5. To perform such other duties and exercise such other powers as are imposed or conferred on the College under any Act.

Capacity and powers of College

(3) For the purpose of carrying out its objects, the College has the capacity and the powers of a natural person. R.S.O. 1990, c. V.3, s. 3.

Council

4. (1) The council of the Ontario Veterinary Association is continued as the Council of the College and shall be the governing body and board of directors of the College and shall manage and administer its affairs. R.S.O. 1990, c. V.3, s. 4 (1).

Composition

(2) The Council shall be composed of,

(a) not fewer than nine and not more than fifteen persons who are members of the College and are elected by the members of the College in the number and manner provided by by-law of the Council; and

(b) not fewer than three and not more than five persons who are not members of the governing body of a self-regulating licensing body under any other Act or licensed under this Act and who are appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. V.3, s. 4 (2).

Remuneration of lay members

(3) The persons appointed under clause (2) (b) shall be paid, out of the money appropriated therefor by the Legislature, such expenses and remuneration as are determined by the Lieutenant Governor in Council. R.S.O. 1990, c. V.3, s. 4 (3).

Term of office

(4) The term of an appointment under clause (2) (b) must not exceed three years. R.S.O. 1990, c. V.3, s. 4 (4).

Reappointment

(5) A person whose appointment under clause (2) (b) expires is eligible for reappointment but no person shall be appointed and reappointed for more than six consecutive years. R.S.O. 1990, c. V.3, s. 4 (5).

Qualifications

(6) Every member of the College who,

(a) practises or resides in Ontario;

(b) is the holder of a licence that is not limited to the practice of veterinary medicine for educational purposes only;

(c) is not in default of an annual fee set by the by-laws; and

(d) is not in default of filing a return required under the by-laws,

is qualified to vote at an election of members of the Council for the constituency to which the member of the College belongs. R.S.O. 1990, c. V.3, s. 4 (6); 2006, c. 19, Sched. A, s. 17 (1).

Officers

(7) The Council shall elect annually a president and one or more vice-presidents of the College from among the elected members of the Council. R.S.O. 1990, c. V.3, s. 4 (7).

Registrar and staff

(8) The Council shall appoint a Registrar, and the Executive Committee may appoint such other persons as are from time to time necessary or desirable in the opinion of the Executive Committee to perform the work of the College. R.S.O. 1990, c. V.3, s. 4 (8).

Quorum

(9) A majority of the members of the Council constitutes a quorum. R.S.O. 1990, c. V.3, s. 4 (9).

Vacancies

(10) 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 a quorum. R.S.O. 1990, c. V.3, s. 4 (10).

(11) Repealed: 2006, c. 19, Sched. A, s. 17 (2).

Membership

5. (1) Every person who holds a licence is a member of the College subject to any conditions and limitations to which the licence is subject. R.S.O. 1990, c. V.3, s. 5 (1).

Resignation of membership

(2) A member may resign his or her membership by filing with the Registrar a resignation in writing and the member’s licence is thereupon cancelled. R.S.O. 1990, c. V.3, s. 5 (2).

Cancellation for default of fees

(3) The Registrar may cancel a licence for non-payment of any fee set by the by-laws or for failure to file a return required under the by-laws after giving the member at least two months notice of the default and intention to cancel. 2006, c. 19, Sched. A, s. 17 (3).

Continuing jurisdiction

(4) A person whose licence is cancelled, revoked, suspended or terminated remains subject to the continuing jurisdiction of the College in respect of,

(a) an investigation or disciplinary action arising out of his or her conduct while a member; and

(b) an inquiry or proceeding related to whether the person is impaired. R.S.O. 1990, c. V.3, s. 5 (4); 2006, c. 19, Sched. A, s. 17 (4).

Professional corporations

5.1 Subject to the by-laws, a member or two or more members practising veterinary medicine as individuals or as a partnership may establish a professional corporation for the purpose of practising veterinary medicine, and the provisions of the Business Corporations Act that apply to professional corporations within the meaning of that Act apply to such a corporation. 2000, c. 42, Sched., s. 46; 2001, c. 8, s. 247; 2006, c. 19, Sched. A, s. 17 (5).

Registry

5.2 (1) The Registrar shall establish and maintain a register of professional corporations that have been issued certificates of authorization. 2000, c. 42, Sched., s. 46.

Contents of registry

(2) The Register shall contain the information required under the by-laws. 2006, c. 19, Sched. A, s. 17 (6).

Notice of change of shareholder

5.3 A professional corporation shall notify the Registrar within the time and in the form and manner determined under the by-laws of a change in the shareholders of the corporation. 2006, c. 19, Sched. A, s. 17 (7).

Application of Act, etc.

5.4 This Act, the regulations and the by-laws apply to a member despite the fact that the member practises veterinary medicine through a professional corporation. 2000, c. 42, Sched., s. 46.

Professional, fiduciary and ethical obligations to clients

5.5 (1) The professional, fiduciary and ethical obligations of a member to a person on whose behalf the member is practising veterinary medicine,

(a) are not diminished by the fact that the member is practising veterinary medicine through a professional corporation; and

(b) apply equally to the corporation and to its directors, officers, shareholders, agents and employees. 2000, c. 42, Sched., s. 46; 2001, c. 8, s. 250 (1).

Powers when conduct reviewed, etc.

(2) If an action or the conduct of a member practising on behalf of a professional corporation is the subject of a review, hearing, investigation or inquiry under this Act, any power that may be exercised in respect of the member may be exercised in respect of the corporation. 2001, c. 8, s. 250 (2).

Liability when conduct reviewed, etc.

(3) If an action or the conduct of a member practising on behalf of a professional corporation is the subject of a review, hearing, investigation or inquiry under this Act, the corporation is jointly and severally liable with the member for all fines, costs and expenses that the member is ordered to pay. 2001, c. 8, s. 250 (2).

Conflict in duties

5.5.1 If there is a conflict between a member’s duty to a client, the College or the public and the member’s duty to a professional corporation as a director or officer of the corporation, the duty to the client, the College or the public prevails. 2001, c. 8, s. 251.

Restrictions apply to corporation’s certificate

5.6 A condition or limitation imposed on the licence of a member practising veterinary medicine through a professional corporation applies to the corporation’s certificate of authorization in relation to the practice of veterinary medicine through the member. 2000, c. 42, Sched., s. 46.

Powers of Minister

6. In addition to the Minister’s other powers and duties under this Act, the Minister may,

(a) review the activities of the Council;

(b) request the Council to undertake activities that, in the opinion of the Minister, are necessary and advisable to carry out the intent of this Act;

(c) advise the Council with respect to the implementation of this Act and the regulations and with respect to the methods used or proposed to be used by the Council to implement policies and to enforce its regulations and procedures;

(d) request the Council to make, amend or revoke regulations respecting any matter under section 7 or the standards for veterinary facilities established under section 8. R.S.O. 1990, c. V.3, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 is amended by adding the following subsection:

Minister’s regulations

(2) The Minister may by regulation prescribe provisions of the Not-for-Profit Corporations Act, 2010 that apply to the College. 2010, c. 15, s. 247 (1).

See: 2010, c. 15, ss. 247 (1), 249.

Regulations

7. (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations with respect to the following matters:

1. Prescribing classes of licences and governing the qualifications and requirements for the issuance of licences or any class thereof and prescribing the conditions and limitations thereof.

2. Respecting any matter ancillary to the provisions of this Act with regard to the issuance, cancellation, suspension and revocation of licences.

3. Respecting any matter ancillary to the provisions of this Act with regard to the issuance, renewal, suspension and revocation of certificates of accreditation.

4. Prescribing classes of certificates of accreditation and governing the qualifications and requirements for the issuance and renewal of certificates of accreditation or any class thereof and prescribing the conditions and limitations thereof.

4.1 Governing the practice of veterinary medicine through professional corporations, including (without limiting the generality of the foregoing) requiring the certification of those corporations, governing the issuance, renewal, suspension and revocation of certificates of authorization, governing the conditions and limitations that may be imposed on certificates and governing the names of those corporations and the notice to be given of a change in the shareholders of those corporations.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4.1 is repealed by the Statutes of Ontario, 2006, chapter 19, Schedule A, subsection 17 (8). See: 2006, c. 19, Sched. A, ss. 17 (8), 53 (2).

5. Providing for the designation of members of the College as specialists, prescribing the qualifications and requirements for designation as a specialist, providing for the suspension or revocation of such a designation and for the regulation and prohibition of the use of the designation by members of the College.

6. Governing the use of names and designations in the practice of veterinary medicine by members of the College.

7. Authorizing entries in, and the form of maintenance of, registers of members and former members of the College and directories of veterinary facilities and providing for the issuance of certificates of standing by the Registrar.

8. Prescribing and governing standards of practice for the profession.

9. Regulating the compounding, dispensing and sale of drugs by members of the College, and the containers and labelling of drugs compounded, dispensed or sold by members, and prescribing the records that shall be kept in respect of such compounding, dispensing and sale.

10. Establishing a special category of membership for retired members and determining the rights, privileges, duties and obligations of such members.

11. Respecting the promotion or advertising of the practice of veterinary medicine.

12. Prohibiting the practice of veterinary medicine where there is a conflict of interest and defining conflict of interest for the purpose.

13. Defining professional misconduct for the purposes of this Act.

14. Respecting the reporting and publication of decisions in disciplinary matters.

15. Requiring the payment of annual fees by members of the College, fees for processing applications, licensing, certificates, examinations and inspections, including penalties for late payment, prompt payment discounts and interest on late payments and fees for anything the Registrar is required or authorized to do, and prescribing the amounts thereof.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 15 is repealed by the Statutes of Ontario, 2006, chapter 19, Schedule A, subsection 17 (9). See: 2006, c. 19, Sched. A, ss. 17 (9), 53 (2).

16. Requiring the making of returns of information by members of the College in respect of names, addresses, telephone numbers, professional associates, partners, employees and professional activities.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 16 is repealed by the Statutes of Ontario, 2006, chapter 19, Schedule A, subsection 17 (9). See: 2006, c. 19, Sched. A, ss. 17 (9), 53 (2).

17. Providing for the compilation of statistical information on the supply, distribution, professional liability insurance and professional activities of members of the College and requiring members to provide the information necessary to compile such statistics.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 17 is repealed by the Statutes of Ontario, 2006, chapter 19, Schedule A, subsection 17 (9). See: 2006, c. 19, Sched. A, ss. 17 (9), 53 (2).

18. Requiring and providing for the inspection of veterinary facilities and of the records kept by members of the College in connection with the practice of veterinary medicine.

19. Authorizing the communication of material that comes to a person’s knowledge in the course of duties, employment, examination, review or investigation to specified classes of persons or for specified purposes.

20. Respecting the duties and authority of the Registrar.

21. Prescribing and requiring the making and keeping of records by members of the College in respect of the practice of veterinary medicine.

22. Exempting any member of the College from any provision of the regulations under such special circumstances in the public interest as the Council considers advisable.

23. Providing that any form required under this Act be in a form approved by the Registrar. R.S.O. 1990, c. V.3, s. 7 (1); 2001, c. 8, s. 252.

Application

(2) A regulation made under subsection (1) may be general or particular in its application. R.S.O. 1990, c. V.3, s. 7 (2).

Adoption of accreditation

(3) For the purpose of prescribing the qualifications and requirements for the issuance of licences or the issuance and renewal of certificates of accreditation, the Council, in a regulation under subsection (1) or a standard under subsection 8 (1), may adopt as its own the recognition or accreditation granted by any organization specified by the Council. R.S.O. 1990, c. V.3, s. 7 (3).

Distribution of regulations

(4) The Council shall,

(a) forward a copy of each regulation made under subsection (1) to each member of the College; and

(b) keep a copy of each regulation made under subsection (1) available for public inspection in the office of the College. R.S.O. 1990, c. V.3, s. 7 (4).

Regulations by Lieutenant Governor in Council

(5) Where the Minister requests in writing under clause 6 (d) that the Council make, amend or revoke a regulation or standard and the Council has failed to do so within sixty days after the request, the Lieutenant Governor in Council may make regulations respecting the subject-matter set out in the request. R.S.O. 1990, c. V.3, s. 7 (5).

Conflicting provisions

(6) In cases of conflict, a regulation made under subsection (5) prevails over a regulation or standard made under subsection (1) or 8 (1) respectively. R.S.O. 1990, c. V.3, s. 7 (6).

Standards for veterinary facilities

8. (1) The Council may establish standards for veterinary facilities not inconsistent with this Act and the regulations which must be met in order to qualify for the issuance or renewal of a certificate of accreditation or any class thereof.

Distribution of standards

(2) The Council shall forward a copy of the standards established under subsection (1) to the Minister and to each member of the College and shall keep a copy available for public inspection in the office of the College. R.S.O. 1990, c. V.3, s. 8.

By-laws

9. (1) The Council may pass by-laws relating to the administrative and domestic affairs of the College not inconsistent with this Act and the regulations and, without limiting the generality of the foregoing, may pass by-laws respecting the following matters:

1. Prescribing the seal and other insignia of the College and providing for their use.

2. Providing for the execution of documents by the College.

3. Respecting banking and finance.

4. Fixing the financial year of the College and providing for the audit of the accounts and transactions of the College.

5. Prescribing the number of vice-presidents of the College, prescribing procedures for the election of the president and vice-presidents and for the filling of vacancies in those offices.

6. Respecting the calling, holding and conducting of meetings of the Council and the duties of members of the Council.

7. Respecting the calling, holding and conducting of meetings of the membership of the College.

7.1 Providing that a meeting of the Council or of members or a meeting of a committee or panel that is held for any purpose other than for the conducting of a hearing may be held in any manner that allows all persons participating to communicate with each other simultaneously and instantaneously.

7.2 Prescribing what constitutes a conflict of interest for members of the Council or of a committee and regulating or prohibiting the carrying out of the duties of those members in cases in which there is a conflict of interest.

8. Providing for the remuneration of members of the Council and members of committees other than members appointed by the Lieutenant Governor in Council, and providing for payment of necessary expenses of the Council and committees in the conduct of their business.

9. Providing for the appointment, composition, powers, duties and quorums of additional or special committees.

10. Providing for the appointment of persons to make investigations for the purposes of this Act.

11. Providing procedures for the making, amending and revoking of by-laws.

12. Respecting management of the property of the College.

13. Respecting the application of the funds of the College and the investment and reinvestment of any of its funds not immediately required, and for the safekeeping of its securities.

14. Respecting the borrowing of money by the College and the giving of security therefor.

15. Respecting membership of the College in other organizations the objects of which are not inconsistent with and are complementary to those of the College, the payment of annual assessments and provision for representatives at meetings.

16. Delegating to the Executive Committee the powers and duties set out in the by-laws, but this paragraph does not authorize the delegation of the power to make, amend or revoke a regulation or a by-law.

16.1 Governing the practice of veterinary medicine through professional corporations, including requiring the certification of those corporations, governing the issuance, renewal, suspension and revocation of certificates of authorization, governing the conditions and limitations that may be imposed on certificates and governing the names of those corporations and the notice to be given of a change in the shareholders of those corporations.

16.2 Requiring the payment of annual fees by members of the College, fees for processing applications, licensing, certificates, examinations, inspections and election recounts, including penalties for late payment, interest on late payments, discounts for prompt payment and fees for anything the Registrar is required or authorized to do, and setting the amounts of any required payment.

16.3 Requiring members to give the College their home addresses and whatever other information about themselves and their professional activities that the by-law specifies, including the places where they practise the profession, the services they provide there and the names, business addresses, telephone numbers, facsimile numbers and electronic mail addresses of their associates, partners, employers and employees and specifying the form and manner in which the members shall give the information.

16.4 Providing for the compilation of statistical information on the supply, distribution, professional liability insurance coverage and professional activities of members of the College and requiring members to provide the information necessary to compile those statistics.

17. Fixing the number of members to be elected to the Council under clause 4 (2) (a) and defining constituencies, and prescribing the number of representatives.

18. Respecting and governing the qualifications, nomination, election and term or terms of office of the members to be elected to the Council, and controverted elections.

19. Prescribing the conditions disqualifying elected members from sitting on the Council and governing the filling of vacancies on the Council. R.S.O. 1990, c. V.3, s. 9 (1); 2000, c. 42, Sched., s. 47; 2001, c. 8, s. 253; 2006, c. 19, Sched. A, s. 17 (10, 11).

Signed by-laws and resolutions

(2) A by-law or resolution of the Council signed by a majority of the members of the Council is as valid as if passed at a meeting of the Council held for that purpose. R.S.O. 1990, c. V.3, s. 9 (2).

Circulation of by-laws

(3) The Council shall not pass a by-law unless it circulates the proposed by-law to every member of the College at least 60 days before passing it. 2006, c. 19, Sched. A, s. 17 (12).

Exception

(3.1) With the approval of the Minister, the Council may exempt a by-law from the requirement set out in subsection (3) or may abridge the 60-day period mentioned in that subsection. 2006, c. 19, Sched. A, s. 17 (12).

Distribution of by-laws

(4) The Council shall,

(a) forward a copy of each by-law confirmed under subsection (3) to the Minister and to each member of the College; and

(b) keep a copy of each by-law confirmed under subsection (3) available for public inspection in the office of the College. R.S.O. 1990, c. V.3, s. 9 (4).

Establishment of committees

10. (1) The following committees are hereby established:

1. Executive Committee.

2. Accreditation Committee.

3. Registration Committee.

4. Complaints Committee.

5. Discipline Committee. R.S.O. 1990, c. V.3, s. 10 (1).

Idem

(2) The Council shall appoint the committees referred to in subsection (1) and may establish and appoint such other committees as it considers necessary. R.S.O. 1990, c. V.3, s. 10 (2); 1998, c. 18, Sched. G, s. 73 (4).

Vacancies

(3) Where one or more vacancies occur in the membership of a committee, the members remaining in office constitute the committee so long as their number is not fewer than the prescribed quorum.

Person to chair

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

Term

(5) No person shall be appointed and reappointed to the same committee for more than six consecutive years. R.S.O. 1990, c. V.3, s. 10 (3-5).

Licence required

11. (1) No person shall engage in the practice of veterinary medicine or hold himself, herself or itself out as engaging in the practice of veterinary medicine unless the person is the holder of a licence. R.S.O. 1990, c. V.3, s. 11 (1).

Exceptions

(2) Subsection (1) does not apply to prevent a person,

(a) from rendering first aid or temporary assistance in an emergency without fee;

(b) from treating an animal if the person is the owner of the animal, is a member of the household of the owner of the animal or is employed for general agricultural or domestic work by the owner of the animal;

(c) from taking blood samples;

(d) from preventing or treating fish and invertebrate diseases;

(e) from collecting or using semen for the purposes of a business that engages in the artificial insemination of livestock;

(f) from collecting or transporting ova and embryos of animals other than mammals. R.S.O. 1990, c. V.3, s. 11 (2); 2006, c. 19, Sched. A, s. 17 (13).

Idem, student

(3) Subsection (1) does not apply to a student of veterinary medicine to the extent that the student is engaging in the undergraduate curriculum of studies at the Ontario Veterinary College of the University of Guelph. R.S.O. 1990, c. V.3, s. 11 (3).

Interpretation of owner

(4) For the purpose of clause (2) (b), a person is not the owner of an animal if the person buys the animal, treats it and resells it or intended to resell it to either the person who sold it to him or her or to that person’s nominee. R.S.O. 1990, c. V.3, s. 11 (4).

Proof of practice

(5) For the purposes of this section, proof of the performance of one act in the practice of veterinary medicine on one occasion is sufficient to establish engaging in the practice of veterinary medicine. R.S.O. 1990, c. V.3, s. 11 (5).

Application of Drug and Pharmacies Regulation Act

(6) The Drug and Pharmacies Regulation Act does not apply to prevent a person who holds a licence from compounding, dispensing or selling drugs in the course of engaging in the practice of veterinary medicine. R.S.O. 1990, c. V.3, s. 11 (6); 1998, c. 18, Sched. G, s. 73 (5).

Sale of drugs

(7) The Livestock Medicines Act does not apply to prevent a person who holds a licence 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. R.S.O. 1990, c. V.3, s. 11 (7).

Note: On the day the Statutes of Ontario, 2009, chapter 31, section 74 comes into force, subsection (7) is repealed and the following substituted:

Sale of drugs

(7) Regulations made under the Animal Health Act, 2009 do not apply to prevent a person who holds a licence 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. 2009, c. 31, s. 71.

See: 2009, c. 31, ss. 71, 75 (2).

Executive Committee

12. (1) The Executive Committee shall be composed of five members of the Council, including,

(a) the president and one or two vice-presidents of the College; and

(b) not more than three other members of the Council of whom one shall be a member of the Council appointed to the Council by the Lieutenant Governor in Council.

Quorum

(2) Three members of the Executive Committee constitute a quorum.

Functions

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

Other functions

(4) 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

(5) Subsection (4) does not apply to authorize the Executive Committee to make, amend or revoke a regulation, a by-law or a standard described under subsection 8 (1). R.S.O. 1990, c. V.3, s. 12.

Registration Committee

13. (1) The Registration Committee shall be composed of five persons of whom,

(a) not fewer than three shall be members of the Council elected to the Council by the members of the College;

(b) one shall be a member of the Council appointed to the Council by the Lieutenant Governor in Council; and

(c) one may be a member of the College who is not a member of the Council.

Quorum

(2) Three members of the Registration Committee constitute a quorum. R.S.O. 1990, c. V.3, s. 13.

Issuance of licence

14. (1) Subject to subsections (2) and (3), the Registrar shall issue a licence to any person who applies therefor in accordance with the regulations and who meets the qualifications and requirements prescribed by the regulations.

Grounds for refusal

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

(a) the applicant does not meet the qualifications and requirements for the issuance of the licence;

(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 is reasonable ground for believing that the applicant is impaired.

Referral to Registration Committee

(3) The Registrar, on his or her own initiative, may refer and on the request of the applicant shall refer the application to the Registration Committee for a determination as to any of the matters mentioned in clauses (2) (a), (b) and (c).

Power of Registration Committee

(4) The Registration Committee shall determine the eligibility of applicants for licences referred to the Registration Committee under subsection (3) and may in any such case require an applicant to obtain such additional experience, education or training as the Registration Committee specifies.

Exemption

(5) The Registration Committee may exempt an applicant from compliance with any qualification or requirement for a licence.

Directions to Registrar

(6) The Registration Committee, after considering an application for a licence, may direct the Registrar,

(a) to issue the licence;

(b) to refuse to issue the licence; or

(c) to issue the licence subject to the conditions and limitations the Registration Committee specifies. R.S.O. 1990, c. V.3, s. 14.

Certificate of accreditation required

15. No person shall establish or operate a veterinary facility except under and in accordance with a certificate of accreditation. R.S.O. 1990, c. V.3, s. 15.

Accreditation Committee

16. (1) The Accreditation Committee shall be composed of five persons of whom,

(a) not fewer than three shall be members of the Council elected to the Council by the members of the College;

(b) one shall be a member of the Council appointed to the Council by the Lieutenant Governor in Council; and

(c) one may be a member of the College who is not a member of the Council.

Quorum

(2) Three members of the Accreditation Committee constitute a quorum. R.S.O. 1990, c. V.3, s. 16.

Issuance of certificate of accreditation

17. (1) Subject to subsections (2) and (3), the Registrar shall issue or renew a certificate of accreditation upon the application of a member of the College who applies therefor if the applicant and the veterinary facility meet the qualifications, requirements and standards prescribed by the regulations and by the Council for the proposed veterinary facility.

Grounds for refusal

(2) The Registrar shall refuse to issue or renew a certificate of accreditation where, in the opinion of the Registrar, the applicant or the veterinary facility does not meet the qualifications, requirements and standards prescribed by the regulations and by the Council for the proposed veterinary facility.

Referral to Accreditation Committee

(3) The Registrar, on his or her own initiative, may refer and on the request of the applicant shall refer the application to the Accreditation Committee for a determination as to whether or not the applicant or the facility or both meet the qualifications, requirements and standards prescribed by the regulations and by the Council for the proposed veterinary facility.

Exemption

(4) The Accreditation Committee may exempt an applicant or veterinary facility from compliance with any qualification, requirement or standard for a certificate of accreditation.

Directions to Registrar

(5) The Accreditation Committee shall determine the eligibility of applicants and facilities for certificates of accreditation that are referred to the Accreditation Committee under subsection (3) and, after considering an application for the issuance or renewal of a certificate of accreditation, may direct the Registrar,

(a) to issue or to renew the certificate of accreditation;

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

(c) to issue or to renew the certificate of accreditation subject to the conditions and limitations the Accreditation Committee specifies. R.S.O. 1990, c. V.3, s. 17.

Hearing

18. (1) Where,

(a) the Registration Committee proposes to direct the Registrar to refuse to issue a licence or proposes to direct the Registrar to issue a licence subject to conditions or limitations; or

(b) the Accreditation Committee proposes to direct the Registrar to refuse to issue or to refuse to renew a certificate of accreditation, or proposes to direct the Registrar to issue or to renew a certificate of accreditation subject to conditions or limitations,

the Registrar on behalf of the committee shall serve notice of the proposal, together with written reasons therefor, on the applicant. R.S.O. 1990, c. V.3, s. 18 (1); 1998, c. 18, Sched. G, s. 73 (6).

Exception

(2) Subsection (1) does not apply in respect of a proposal to refuse to issue a licence where the applicant previously held a licence that was suspended or revoked as a result of a decision of the Discipline Committee, a decision of the Registration Committee or a decision of the council of the Ontario Veterinary Association under a predecessor of this Act. R.S.O. 1990, c. V.3, s. 18 (2).

Appeal to Board

(3) An applicant who has been given a notice under subsection (1) may require the Board to hold a review of the application and the documentary evidence in support of it, or a hearing of the application, by giving the Board and the Registration Committee or the Accreditation Committee, as the case may be, notice in accordance with subsection (4).

Requirements of notice

(4) A notice under subsection (3) shall be a written notice, given within 30 days after the notice under subsection (1) was given, specifying whether a review or a hearing is required.

Proposal, etc., to Board

(5) If the Registration Committee or the Accreditation Committee receives a notice that an applicant requires a hearing or review, it shall, within 15 days after receiving the notice, give the Board a copy of the proposal made with respect to the application, the reasons for it and the documents and things upon which the proposal was based.

Extension of time limits

(6) If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend the time limit for requiring a review or hearing by the Board.

When proposal may be carried out

(7) A proposal described in clause (1) (a) or (b) may be carried out only when,

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

(b) 35 days have passed since the notice of the proposal was given under subsection (1) without the applicant requiring a review or hearing; or

(c) the Board has confirmed the proposal. 1998, c. 18, Sched. G, s. 73 (7).

(8) Repealed: 1998, c. 18, Sched. G, s. 73 (7).

(9) Repealed: 1998, c. 18, Sched. G, s. 73 (7).

Powers of Board re licence

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

(a) confirm the proposed decision of the Registration Committee;

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

(c) refer the matter back to the Registration Committee for further consideration, and the Board may make such recommendations as it considers appropriate in the circumstances. R.S.O. 1990, c. V.3, s. 18 (10); 1998, c. 18, Sched. G, s. 73 (1).

Powers of Board re certificate of accreditation

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

(a) confirm the proposed decision of the Accreditation Committee;

(b) require the Accreditation Committee to direct the Registrar to issue or renew a certificate of accreditation for the appropriate class of veterinary facility subject to such 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. R.S.O. 1990, c. V.3, s. 18 (11); 1998, c. 18, Sched. G, s. 73 (1).

(12) Repealed: 1998, c. 18, Sched. G, s. 73 (8).

Parties

(13) The College and the applicant who has required the hearing are parties to proceedings before the Board under this section. R.S.O. 1990, c. V.3, s. 18 (13); 1998, c. 18, Sched. G, s. 73 (1).

(14)-(19) Repealed: 1998, c. 18, Sched. G, s. 73 (8).

Hearings public

18.1(1) A hearing by the Board under section 18 shall, subject to subsection (2), be open to the public.

Exclusion of public

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

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs 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 make orders 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. 1998, c. 18, Sched. G, s. 73 (9).

Exception to closed hearings

18.2If a Board makes an order under subsection 18.1 (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. 1998, c. 18, Sched. G, s. 73 (9).

Procedure for hearings, reviews

18.3(1) This section applies with respect to the procedure for hearings and reviews by the Board under section 18.

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 the member is given, at least 10 days before the hearing or review,

(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 gives 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 (5) 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.

No communication by Board members

(11) No member of the Board participating in a hearing or review shall communicate outside the hearing or review, in relation to the subject matter of the hearing or review, with a party or the party’s representative unless the other party has been given 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) The following provisions of the Statutory Powers Procedure Act apply with necessary modifications to a review by the Board:

1. Section 21.1 (correction of errors).

2. Section 25.1 (rules). 1998, c. 18, Sched. G, s. 73 (9).

Registers and directories

Registers

19. (1) The Registrar shall maintain one or more registers in which is entered,

(a) the name of every person to whom a licence is issued;

(b) any designation of a member of the College as a specialist and any withdrawal of recognition of the member’s specialist status;

(c) any conditions or limitations imposed on a licence by a committee;

(d) any revocation, suspension, cancellation or termination of a licence;

(e) the fact and amount of a fine imposed by the Discipline Committee and the fact of a reprimand by the Discipline Committee, unless the Discipline Committee directs that no entry be made;

(f) where an entry results from a decision of a committee, the name of the committee that made the decision and any finding of the committee resulting in the entry;

(f.1) information that a member of the College consents to be entered in a register;

(g) the date of the decision or order that results in an entry under this subsection; and

(h) any other information authorized to be entered by the regulations. R.S.O. 1990, c. V.3, s. 19 (1); 2006, c. 19, Sched. A, s. 17 (14).

Directories

(2) The Registrar shall maintain one or more directories in which is entered the name of every person who is the holder of a certificate of accreditation identifying the location and class of the veterinary facility for which the certificate of accreditation is issued, the conditions and limitations attached to the certificate of accreditation, the date of expiry of the certificate of accreditation, every revocation or suspension of a certificate of accreditation and any other information authorized to be entered by the regulations. R.S.O. 1990, c. V.3, s. 19 (2).

Inspection

(3) Any person has the right, during normal business hours, to inspect the registers and directories maintained by the Registrar. R.S.O. 1990, c. V.3, s. 19 (3).

Form of registers and directories

(4) The Registrar may maintain the registers and directories mentioned in subsections (1) and (2) in the form of books or may maintain them in any electronic or other medium that provides a visual display of recorded information. R.S.O. 1990, c. V.3, s. 19 (4).

Continuation of memberships

20. Every person who was a member, other than a life member, of the Ontario Veterinary Association immediately before the 4th day of April, 1990 shall be deemed to be the holder of a licence subject to the terms, conditions and limitations that applied to the person’s registration, and is a member of the College. R.S.O. 1990, c. V.3, s. 20.

Continuation of certificates of accreditation

21. Every certificate of accreditation issued under the Veterinarians Act, being chapter 522 of the Revised Statutes of Ontario, 1980, and in force immediately before the 4th day of April, 1990 shall be deemed to be a certificate of accreditation issued under this Act subject to the terms, conditions and limitations that applied to it immediately before the 4th day of April, 1990. R.S.O. 1990, c. V.3, s. 21.

Referral of certificate of accreditation

22. (1) The Registrar may refer a certificate of accreditation to the Accreditation Committee where the Registrar is of the opinion that there is reasonable ground for believing that,

(a) the holder of the certificate of accreditation or the veterinary facility in respect of which the certificate of accreditation was issued has ceased to meet the qualifications, requirements and standards prescribed by the regulations and by the Council for the issuance or renewal of the certificate of accreditation;

(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.

Hearing

(2) The Accreditation Committee shall appoint a time for, give notice of and hold a hearing to determine the allegation in respect of the certificate of accreditation or the holder thereof.

Powers of Accreditation Committee

(3) Where the Accreditation Committee finds that an allegation mentioned in clause (1) (a), (b) or (c) is valid, the Accreditation Committee may, by order,

(a) revoke the certificate of accreditation;

(b) suspend the certificate of accreditation for a stated period not exceeding two years;

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

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

(e) impose such conditions and limitations or such further conditions and limitations on the certificate of accreditation as are specified by the Committee,

or any combination thereof.

Procedures

(4) Subsections 28 (5) to (15) and section 29, which relate to proceedings before the Discipline Committee, apply with necessary modifications to proceedings before the Accreditation Committee under subsection (2).

Parties

(5) The College and the holder of the certificate of accreditation in respect of which the hearing is held are parties to the hearing before the Accreditation Committee under subsection (2).

Other proceedings

(6) The jurisdiction of the Discipline Committee is not affected by the commencement of proceedings or the making of an order under this section. R.S.O. 1990, c. V.3, s. 22.

Complaints Committee

23. (1) The Complaints Committee shall be composed of not fewer than three and not more than ten persons of whom,

(a) at least one is a member of the Council appointed to the Council by the Lieutenant Governor in Council; and

(b) the others are members of the College, of whom at least one, but not the majority, is a member of the Council. R.S.O. 1990, c. V.3, s. 23 (1).

Eligibility

(2) A member of the Complaints Committee who takes part in the consideration or investigation of a complaint regarding the conduct of a member or former member of the College is not eligible to take part as a member of the Discipline Committee in proceedings before the Discipline Committee in respect of the same conduct of the member or former member of the College. R.S.O. 1990, c. V.3, s. 23 (2).

Panels

(2.1) The chair of the Complaints Committee may appoint panels composed of at least three members of the Complaints Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed to the Council, to consider and investigate a complaint. 2006, c. 19, Sched. A, s. 17 (15).

Simultaneous panels

(2.2) The Complaints Committee may sit in two or more panels simultaneously so long as a quorum of the Committee is present in each panel. 2006, c. 19, Sched. A, s. 17 (15).

Quorum

(3) Three members of a panel, one of whom is a person appointed to the Council by the Lieutenant Governor in Council, constitute a quorum. 2006, c. 19, Sched. A, s. 17 (16).

Duties of Complaints Committee

24. (1) The Complaints Committee shall consider and investigate complaints made by members of the public or members of the College regarding the conduct of a member or former member of the College, but no action shall be taken by the Committee under subsection (2) unless,

(a) a written complaint has been filed with the Registrar and the member or former member whose conduct is being investigated has been notified of the complaint and given at least two weeks in which to submit in writing to the Committee any explanations or representations the member or former member may wish to make concerning the matter; and

(b) the Committee has examined or has made every reasonable effort to examine all records and other documents relating to the complaint.

Idem

(2) The Complaints Committee in accordance with the information it receives may,

(a) direct that the matter be referred, in whole or in part, to the Discipline Committee or, for the purposes of section 33, be brought to the attention of the Registrar;

(b) direct that the matter not be referred to the Discipline Committee or brought to the attention of the Registrar under clause (a); or

(c) take such action as it considers appropriate in the circumstances and that is not inconsistent with this Act or the regulations or by-laws.

Decision and reasons

(3) The Complaints Committee shall give its decision in writing to the Registrar and, where the decision is made under clause (2) (b) or (c), its reasons therefor.

Advice

(4) The Complaints 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. R.S.O. 1990, c. V.3, s. 24.

Complaint in bad faith, etc.

(5) If the Complaints Committee considers a complaint to be frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the complainant and the member notice that it intends to take no action with respect to the complaint and that the complainant and the member have a right to make written submissions within 30 days after receiving the notice.

Same

(6) If the Complaints Committee is satisfied, after considering the written submissions of the complainant and the member that a complaint was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the Committee shall not take action with respect to the complaint. 1998, c. 18, Sched. G, s. 73 (10).

Review of complaints decision

25. (1) Where the Complaints Committee has made a disposition of a complaint respecting a member or former member of the College under section 24, the Registrar shall send to the member or former member and to the complainant, by mail, by registered mail or by courier service, a copy of the written decision made by the Committee including reasons therefor, if any, together with notice advising of the right of review under subsection (2). R.S.O. 1990, c. V.3, s. 25 (1); 2009, c. 33, Sched. 1, s. 26 (2).

Initiating a review

(2) A complainant or the member or former member of the College complained against who is not satisfied with the decision made by the Complaints Committee disposing of a complaint, except a decision to refer a matter to the Discipline Committee or to bring a matter to the attention of the Registrar, may within 30 days of the receipt of the written decision request the Board to review the decision. R.S.O. 1990, c. V.3, s. 25 (2); 1998, c. 18, Sched. G, s. 73 (1, 11).

Review by Board

(3) Subject to subsections (4), (5) and (6), the Board shall review a decision of a panel of the Complaints Committee if the Board receives a request under subsection (2). 1998, c. 18, Sched. G, s. 73 (12).

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. 1998, c. 18, Sched. G, s. 73 (12).

Requests in bad faith, etc.

(5) If the Board considers a request to review a decision to have been frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give 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. 1998, c. 18, Sched. G, s. 73 (12).

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 or otherwise an abuse of process, the Board shall not review the decision. 1998, c. 18, Sched. G, s. 73 (12).

Record of investigation to be reviewed

(7) If the Board is requested to review a decision, the Registrar shall give the Board, within 15 days after the Board’s request, a record of the investigation and the documents and things upon which the decision was based. 1998, c. 18, Sched. G, s. 73 (12).

Disclosure

(8) Before reviewing a decision, the Board shall disclose to the parties everything given to it by the Registrar. 1998, c. 18, Sched. G, s. 73 (12).

Exceptions

(9) 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. 1998, c. 18, Sched. G, s. 73 (12).

Release of documents and things

(10) 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. 1998, c. 18, Sched. G, s. 73 (12).

Conduct of review

(11) In conducting a review, the Board shall consider either or both of,

(a) the adequacy of the investigation conducted; or

(b) the reasonableness of the decision. 1998, c. 18, Sched. G, s. 73 (12).

Procedure

(12) In conducting a review, the Board,

(a) shall give the party requesting the review an opportunity to comment on the matters set out in clauses (11) (a) and (b) and the other party an opportunity to respond to those comments;

(b) may require the College to send a 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. 1998, c. 18, Sched. G, s. 73 (12).

No communication by Board members

(13) 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 been given notice of the subject matter of the communication and an opportunity to be present during the communication. 1998, c. 18, Sched. G, s. 73 (12).

Application of SPPA provisions to reviews

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

1. Section 4 (waiver of procedural requirement).

2. Section 4.1 (disposition of proceeding without hearing).

3. Section 5.1 (written hearings).

4. Section 5.2 (electronic hearings).

5. Section 5.3 (pre-hearing conferences).

6. Section 21 (adjournments).

7. Section 21.1 (correction of errors).

8. Section 25.1 (rules). 1998, c. 18, Sched. G, s. 73 (12).

Reviews by Board public

25.1(1) A review by the Board under section 25 shall, subject to subsection (2), be open to the public.

Exclusion of public

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

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the review of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that reviews 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 make orders 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.

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. 1998, c. 18, Sched. G, s. 73 (13).

Exception to closed reviews

25.2If a Board makes an order under subsection 25.1 (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 review. 1998, c. 18, Sched. G, s. 73 (13).

Investigation of complaint by Board

26. Where a complaint respecting a member or former member of the College has not been disposed of by the Complaints Committee within 120 days after the complaint is made, the Board upon application therefor may require the Complaints Committee to make an investigation and, where the investigation of the complaint has not been undertaken, completed and reported on to the Board by the Committee within 120 days after the Board’s request, the Board shall undertake such investigation and possesses all the powers of investigation of the Complaints Committee under this Act. R.S.O. 1990, c. V.3, s. 26; 1998, c. 18, Sched. G, s. 73 (1).

Extension of time limits

26.1(1) If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend any time limit with respect to,

(a) the obligation, under section 26, of the Complaints Committee to dispose of a complaint against a member;

(b) a Registrar’s obligation to give to the Board, under subsection 25 (7), a record of an investigation of a complaint against a member and the documents and things upon which a decision was made with respect to the complaint; or

(c) a request, under subsection 25 (2), for a review by the Board.

Limitation

(2) The Board shall not extend the time limit set out in subsection 25 (7) for more than 60 days. 1998, c. 18, Sched. G, s. 73 (14).

Powers of Board after review or investigation of complaint

27. (1) The Board may, after review or investigation of a complaint under section 25 or 26,

(a) confirm all or part of the decision, if any, made by the Complaints Committee;

(b) make such recommendations to the Complaints Committee as the Board considers appropriate; or

(c) require the Complaints Committee to take such action or proceeding as the Committee is authorized to undertake under this Act. R.S.O. 1990, c. V.3, s. 27 (1); 1998, c. 18, Sched. G, s. 73 (1, 15).

Decision and reasons

(2) The Board shall give its decision and reasons therefor in writing to the complainant, the member of the College complained against and the Complaints Committee. 1998, c. 18, Sched. G, s. 73 (16).

(3) Repealed: 1998, c. 18, Sched. G, s. 73 (16).

Discipline Committee

28. (1) The Discipline Committee shall be composed of not fewer than 10 persons of whom,

(a) at least two are persons whom the Lieutenant Governor in Council has appointed as members of the Council; and

(b) the others are members of the College, of whom at least three are members of the Council. 2006, c. 19, Sched. A, s. 17 (17).

Quorum

(2) A majority of the members of the Discipline Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council, constitutes a quorum. 2006, c. 19, Sched. A, s. 17 (17).

Panels

(3) The chair of the Discipline Committee may appoint panels composed of at least three members of the Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council and at least one of whom is person who is both a member of the College and a member of the Council, to hear,

(a) allegations of a member’s professional misconduct or serious neglect for which the Executive Committee or the Complaints Committee has directed the Discipline Committee to hold a hearing under subsection 30 (1); or

(b) an application that the Registrar has referred to the Committee under subsection 37 (5). 2006, c. 19, Sched. A, s. 17 (17).

Simultaneous panels

(3.1) The Discipline Committee may sit in two or more panels simultaneously if a quorum is present in each panel. 2006, c. 19, Sched. A, s. 17 (17).

Quorum of panel

(3.2) Three members of a panel of the Discipline Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council and at least one of whom is a person who is both a member of the College and a member of the Council, constitute a quorum of the panel. 2006, c. 19, Sched. A, s. 17 (17).

Votes

(3.3) All disciplinary decisions of a panel of the Committee require a vote of a majority of the members of the panel present at the hearing. 2006, c. 19, Sched. A, s. 17 (17).

Assignment

(4) The person chairing the Discipline Committee shall assign the members of the Committee to its panels and may change an assignment at any time. R.S.O. 1990, c. V.3, s. 28 (4).

Expiry of member’s term of office

(5) Where a proceeding is commenced before the Discipline Committee and the term of office on the Council or on the Committee of a person sitting for the hearing expires or is terminated, other than for cause, before the proceeding has been disposed of but after evidence has been heard, the person shall be deemed to remain a member of the Committee for the purpose of completing the proceeding in the same manner as if the person’s term of office had not expired or been terminated. R.S.O. 1990, c. V.3, s. 28 (5).

Disability of member

(6) Where the Discipline Committee commences a hearing and any member thereof becomes unable to continue to act, the remaining members may complete the hearing despite the absence of the member or members and may render a decision as effectually as if all members of the Committee were present throughout the hearing, despite the absence of a quorum of the Committee. R.S.O. 1990, c. V.3, s. 28 (6).

Findings of facts

(7) The findings of fact of the Discipline Committee pursuant to 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. R.S.O. 1990, c. V.3, s. 28 (7).

Examination of documentary evidence

(8) A party to a hearing before the Discipline Committee shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. V.3, s. 28 (8).

Delivery of expert witness report

(9) A party to a hearing before the Discipline Committee who intends to call an expert witness at the hearing shall, at least ten days before the commencement of the hearing, deliver to the other party a report, signed by the expert, setting out his or her name, address and qualifications and the substance of his or her proposed testimony. R.S.O. 1990, c. V.3, s. 28 (9).

Exception for expert testimony

(10) An expert witness shall not testify at a hearing before the Discipline Committee unless subsection (9) has been complied with, except,

(a) with the permission of the Committee;

(b) with the consent of the other party; or

(c) to give reply evidence. R.S.O. 1990, c. V.3, s. 28 (10).

Members holding hearing not to have taken part in investigation, etc.

(11) Members of the Discipline Committee holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing other than as a member of the Council or the Executive Committee considering the referral of the matter to the Discipline Committee or at a previous hearing of the Committee, and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or any party’s representative except upon notice to and opportunity for all parties to participate, but the Committee may seek legal advice from an adviser independent from the parties and, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law. R.S.O. 1990, c. V.3, s. 28 (11).

Recording of evidence

(12) The oral evidence taken before the Discipline Committee at a hearing shall be recorded and, if so required, copies of a transcript of the oral evidence shall be furnished upon the same terms as in the Superior Court of Justice. R.S.O. 1990, c. V.3, s. 28 (12); 2006, c. 19, Sched. C, s. 1 (1).

Only members at hearing to participate in decision

(13) No member of the Discipline Committee shall participate in a decision of the Committee following upon a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties. R.S.O. 1990, c. V.3, s. 28 (13).

Release of documentary evidence

(14) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person within a reasonable time after the matter in issue has been finally determined. R.S.O. 1990, c. V.3, s. 28 (14).

Practice and procedure

(15) The Discipline Committee may determine its own practice and procedure in relation to hearings and may, subject to section 25.1 of the Statutory Powers Procedure Act, make rules governing such practice and procedure and the exercise of its powers in relation thereto that are not inconsistent with this Act and may prescribe such forms as are considered advisable. R.S.O. 1990, c. V.3, s. 28 (15); 2006, c. 19, Sched. A, s. 17 (18).

Parties

(16) The College and the member or former member of the College whose conduct is being investigated are parties to the proceedings before the Discipline Committee. R.S.O. 1990, c. V.3, s. 28 (16).

Publication prohibited

29. (1) No person shall,

(a) take or attempt to take a photograph, motion picture, audio or video recording or other record capable of producing visual or aural representations by any means,

(i) of any person at a hearing of the Discipline Committee,

(ii) of any person entering or leaving a hearing of the Discipline Committee, or

(iii) of any person in the building in which a hearing of the Discipline Committee is held, where there is reasonable ground for believing that the person is there for the purpose of attending the hearing; or

(b) publish, broadcast, reproduce or otherwise disseminate a photograph, motion picture, audio or video recording or record taken in contravention of clause (a).

Exception

(2) Subsection (1) 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 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 Discipline 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

(3) No person shall publish by any means the name of a member or former member of the College who is a party to a hearing by the Discipline Committee or any information which could reasonably serve to identify the member or former member,

(a) unless the member or former member consents to such publication; or

(b) until the Discipline Committee completes the hearing and makes a decision that is required by subsection 19 (1) to be entered in a register.

Exception

(4) Despite subsection (3), the Registrar may notify any person who, in the Registrar’s opinion, is interested in a Discipline Committee hearing into the conduct of a member or former member of the College of the time and place of the hearing and, in so doing, may identify the member or former member. R.S.O. 1990, c. V.3, s. 29.

Reference to Discipline Committee

30. (1) The Council or the Executive Committee, by resolution, may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or serious neglect on the part of a member or former member of the College specified in the resolution.

Duties of Discipline Committee

(2) The Discipline Committee shall,

(a) when so directed by the Council, the Executive Committee or the Complaints Committee, hear and determine allegations of professional misconduct or serious neglect against a member or former member of the College;

(b) hear and determine matters referred to it under section 37; and

(c) perform such other duties as are assigned to it by the Council.

Professional misconduct

(3) A member or former member of the College shall be found guilty of professional misconduct by the Discipline Committee if,

(a) the member or former member has been found guilty of an offence relevant to the suitability to practise veterinary medicine, upon proof of such finding;

(b) the member’s or former member’s rights or privileges related to the practice of veterinary medicine under an Act of the Parliament of Canada or of the Legislature of Ontario, other than this Act, or the regulations thereunder, have been restricted or withdrawn, unless by the request of the member or former member, upon proof thereof;

(c) there has been a finding of professional misconduct or serious neglect, or a like finding, against the member or former member by a veterinary authority in another jurisdiction, upon proof of such finding; or

(d) the member or former member has been guilty in the opinion of the Committee of professional misconduct as defined in the regulations.

Serious neglect

(4) A member or former member of the College shall be found guilty of serious neglect by the Discipline Committee if the member or former member has displayed in his or her professional care of an animal 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 the conditions and limitations imposed by the Discipline Committee.

Powers of Discipline Committee

(5) Where the Discipline Committee finds a member or former member of the College guilty of professional misconduct or serious neglect, it may by order,

(a) revoke the licence of the member;

(b) withdraw recognition of the specialist status of the member;

(c) suspend the licence of the member or suspend recognition of the specialist status of the member, or both, for a stated period or pending the demonstration of such facts as are specified by the Committee;

(d) impose such conditions and limitations upon the licence of the 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;

(e) impose such fine as the Committee considers appropriate, to a maximum of $5,000, to be paid by the member or former member to the Treasurer of Ontario for payment into the Consolidated Revenue Fund;

(f) reprimand the member or former member;

(g) direct that the imposition of a penalty be suspended or postponed for such period and upon such terms as the Committee designates,

or any combination thereof. R.S.O. 1990, c. V.3, s. 30 (1-5).

Costs

(6) If the Discipline 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 member’s, or former member’s, legal costs.

Same

(6.1) In an appropriate case, the Discipline Committee may make an order requiring a member or former member who is found guilty of professional misconduct or of serious neglect by the Committee to pay all or part of the following costs and expenses:

1. The College’s legal costs and expenses.

2. The College’s costs and expenses incurred in investigating the matter.

3. The College’s costs and expenses incurred in conducting the hearing. 1998, c. 18, Sched. G, s. 73 (17).

Register entries

(7) Where the Discipline 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 required to be kept under subsection 19 (1). R.S.O. 1990, c. V.3, s. 30 (7).

Publication and service of decision of Discipline Committee

31. (1) Where the Discipline Committee finds a member or former member of the College guilty of professional misconduct or serious neglect,

(a) the Registrar shall publish the finding, with or without the reasons therefor, in a publication of the College; and

(b) the Registrar shall serve a copy of the decision upon the person, if any, complaining in respect of the conduct or actions of the member or former member.

When name is published

(2) If the finding of the Discipline Committee is required by subsection 19 (1) to be recorded in a register, the Registrar shall include the name of the member or former member in the publication required under clause (1) (a).

When name is not published

(3) If the Discipline Committee directs that no entry be made in a register, the Registrar shall not include the name of the member or former member in the publication required under clause (1) (a). R.S.O. 1990, c. V.3, s. 31.

Stay of decision on appeal

Serious neglect

32. (1) Where the Discipline Committee revokes or suspends a licence, withdraws or suspends recognition of specialist status or imposes conditions or limitations upon a licence on the ground of serious neglect, the decision takes effect immediately even if an appeal is taken from the decision, unless the court to which the appeal is taken otherwise orders.

Professional misconduct

(2) Where the Discipline Committee revokes or suspends a licence, withdraws or suspends recognition of specialist status or imposes 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. R.S.O. 1990, c. V.3, s. 32.

Procedures, impairment of member

Definition

33. (1) In this section,

“board of inquiry” means a board of inquiry appointed by the Executive Committee under subsection (2).

Board of inquiry

(2) Where the Registrar receives information leading the Registrar to believe that a member of the College may be impaired, the Registrar shall make such inquiry as he or she considers appropriate and report to the Executive Committee which may, upon notice to the member of the College, appoint a board of inquiry composed of at least two members of the College and one member of the Council appointed thereto by the Lieutenant Governor in Council.

Examination

(3) The board of inquiry shall make such inquiries as it considers appropriate and may require the member of the College to submit to physical and mental examinations by such qualified persons as the board of inquiry designates, but not to more than one examination in each area of medical specialty and if the member of the College refuses or fails to submit to such examinations, the board of inquiry may order that the member’s licence be suspended until he or she complies.

Hearing by Registration Committee

(4) The board of inquiry shall report its findings to the Executive Committee and deliver a copy thereof and a copy of any report obtained under subsection (3) to the member of the College about whom the report is made and if, in the opinion of the Executive Committee, the evidence so warrants, the Executive Committee shall refer the matter to the Registration Committee to hold a hearing and may suspend the member’s licence until the determination of whether or not the member is impaired becomes final.

Parties

(5) The College, the member of the College being investigated and any other person specified by the Registration Committee are parties to a hearing before the Registration Committee under this section.

Medical evidence

(6) A legally qualified medical practitioner is not compellable to produce at the hearing his or her 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.

Idem

(7) The report required under subsection (6) is receivable in evidence without proof of its making or of the signature of the legally qualified medical practitioner making the report but a party who is not tendering the report as evidence has the right to summon and cross-examine the medical practitioner on the contents of the report.

Powers of Registration Committee

(8) The Registration Committee shall, after the hearing,

(a) make a finding as to whether or not the member of the College is impaired; and

(b) where the member of the College is found to be impaired, by order,

(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 conditions and limitations upon the member’s licence as the Committee considers appropriate.

Procedures

(9) Subsections 28 (5) to (15) and 29 (1), (2) and (3), which relate to proceedings of the Discipline Committee, apply with necessary modifications to proceedings of the Registration Committee under this section.

Closed to the public

(10) Despite the Statutory Powers Procedure Act, a hearing by the Registration Committee under this section shall be closed to the public but, if the member of the College who is the subject-matter of the hearing requests otherwise by a notice delivered to the Registration Committee before the day fixed for the hearing, the Registration Committee shall conduct the hearing in public except where,

(a) matters involving public security may be disclosed; or

(b) the possible disclosure of intimate financial or personal matters outweighs the desirability of holding the hearing in public.

Continuing jurisdiction over former member

(11) Subsections (1) to (10) apply with necessary modifications to an inquiry or hearing into whether or not a former member of the College was impaired when he or she was a member of the College, and for such purposes the board of inquiry or Registration Committee, as the case may be, may provide that the revocation or suspension of a licence or the imposition of conditions or limitations upon a licence take effect at the same time as or immediately after an existing revocation or suspension. R.S.O. 1990, c. V.3, s. 33.

Stay of decision on appeal

34. Where the Registration Committee revokes, suspends or imposes conditions or limitations upon the licence of a member of the College on the ground that the member is impaired, the decision takes effect immediately even if an appeal is taken from the decision, unless the court to which the appeal is taken otherwise orders. R.S.O. 1990, c. V.3, s. 34.

Appeal to court

35. (1) A party to,

(a) a proceeding before the Discipline Committee under section 30;

(b) a proceeding before the Registration Committee under section 33;

(c) a proceeding before the Accreditation Committee under section 22;

(d) a hearing by the Board in respect of a proposal by the Registration Committee related to the issuance of a licence or the imposition of conditions or limitations on a licence; or

(e) a hearing by the Board in respect of a proposal by the Accreditation Committee related to the issuance or renewal of a certificate of accreditation or the imposition of conditions or limitations on a certificate of accreditation,

may appeal to the Divisional Court from the decision or order of the committee or the Board. R.S.O. 1990, c. V.3, s. 35 (1); 1998, c. 18, Sched. G, s. 73 (1).

Certified copy of record

(2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of a reasonable administrative fee therefor, the Registrar or the Executive Secretary of the Board, as the case requires, shall furnish the party with a certified copy of the record of the proceedings. R.S.O. 1990, c. V.3, s. 35 (2); 1998, c. 18, Sched. G, s. 73 (1).

Powers of court on appeal

(3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Board or the committee appealed from and may exercise all powers of the Board or the committee appealed from to take any action which the Board or the committee appealed from may take and as the court considers proper, and for such purposes the court may substitute its opinion for that of the Board or the committee appealed from or the court may refer the matter back to the Board or the committee appealed from for rehearing, in whole or in part, in accordance with such directions as the court considers proper. R.S.O. 1990, c. V.3, s. 35 (3); 1998, c. 18, Sched. G, s. 73 (1).

Registrar’s investigation

36. (1) Where the Registrar believes on reasonable ground that a member or former member of the College has committed an act of professional misconduct or serious neglect or that there is cause to refuse to issue or renew or to suspend or revoke a certificate of accreditation, the Registrar, with the approval of the Executive Committee, by order may appoint one or more persons to investigate whether such act has occurred or whether there is such cause, and the person or persons appointed shall report the results of the investigation to the Registrar. R.S.O. 1990, c. V.3, s. 36 (1).

Powers of investigator

(2) For purposes relevant to the subject-matter of an investigation under this section, a person appointed to make an investigation may 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 his or her appointment, enter at any reasonable time the business premises 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. R.S.O. 1990, c. V.3, s. 36 (2).

Application of Public Inquiries Act, 2009

(2.1) Section 33 of the Public Inquiries Act, 2009 applies to an investigation under this section. 2009, c. 33, Sched. 6, s. 90.

Co-operation with investigator

(3) Every member and former member of the College shall co-operate fully with a person appointed to make an investigation into his or her practice. R.S.O. 1990, c. V.3, s. 36 (3).

Order by justice of the peace

(4) Where a justice of the peace is satisfied on evidence upon oath that the Registrar had grounds for appointing and by order has appointed one or more persons to make an investigation, the justice may, whether or not an investigation has been made or attempted under subsection (2), issue a warrant authorizing the person or persons making the investigation and named in the warrant, to enter any premises in which the member or former member of the College in respect of whom the investigation is being made has engaged in the practice of veterinary medicine or maintained records, to search for any documents or things relevant to the subject-matter of the investigation. R.S.O. 1990, c. V.3, s. 36 (4).

Authority to use force

(5) A warrant issued under subsection (4) 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. R.S.O. 1990, c. V.3, s. 36 (5).

Execution of warrant

(6) A warrant issued under subsection (4) shall specify the hours and days during which it may be executed. R.S.O. 1990, c. V.3, s. 36 (6).

Expiry of warrant

(7) A warrant issued under subsection (4) shall state the date on which it expires, which shall be a date not later than fifteen days after the warrant is issued. R.S.O. 1990, c. V.3, s. 36 (7).

Application without notice

(8) A justice of the peace may receive and consider an application for a warrant under subsection (4) without notice to and in the absence of the member or former member of the College whose practice is being investigated. R.S.O. 1990, c. V.3, s. 36 (8).

Removal of documents and things

(9) Any person making an investigation under this section may, upon giving a receipt therefor, remove any documents or things examined under this section relating to the member or former member whose practice is being investigated and to the subject-matter of the investigation for the purpose of making copies or extracts and, subject to subsection (9.1), shall promptly return such documents or things to the member or former member whose practice is being investigated. R.S.O. 1990, c. V.3, s. 36 (9); 2006, c. 19, Sched. A, s. 17 (20).

Return of copy

(9.1) If it is not practical for the investigator making an investigation under this section to return the documents or things as subsection (9) requires, the investigator shall, if practical, promptly return a copy of the documents or things to the person from whom the investigator acquired them. 2006, c. 19, Sched. A, s. 17 (21).

Admissibility of copies

(10) Any copy or extract made as provided in subsection (9) and certified to be a true copy or extract by the person who made it is admissible in evidence to the same extent as, and has the same evidentiary value as, the document or thing of which it is a copy or extract. R.S.O. 1990, c. V.3, s. 36 (10).

Report of Registrar

(11) The Registrar shall report the results of the investigation to the Council or such committee as the Registrar considers appropriate. R.S.O. 1990, c. V.3, s. 36 (11).

Applications re licences, procedures

Application for licence after revocation

37. (1) A person whose licence has been revoked for cause under this Act, or whose registration has been cancelled for cause under a predecessor of this Act, may apply in writing to the Registrar for the issuance of a licence, but the application shall not be made sooner than two years after the revocation or cancellation or one year after any prior application for issuance of the licence.

Removal of suspension

(2) A person whose licence has been suspended for cause under this Act, or whose registration has been suspended for cause under a predecessor of this Act, for more than one year or for other than a specific period, may apply in writing to the Registrar for the removal of the suspension, but the application shall not be made sooner than one year after the commencement of the suspension or one year after any prior application for the removal of the suspension.

Variation of licence restrictions

(3) A person to whose licence terms, conditions or limitations have been attached for cause under this Act, or under a predecessor of this Act, may apply in writing to the Registrar for removal or alteration of the terms, conditions or limitations, but the application shall not be made sooner than one year after the commencement of the terms, conditions or limitations or one year after any prior application for removal or alteration of the terms, conditions or limitations.

Exemptions

(4) Subsection (3) does not apply to a person whose licence is the subject of conditions or limitations imposed as a result of a proposal or decision of the Registration Committee under clause 14 (6) (c).

Referral to committee

(5) The Registrar shall refer an application under subsection (1), (2) or (3) to the committee that ordered the revocation, suspension, condition or limitation, as the case may be, and the committee shall hold a hearing respecting the application.

Idem, orders under predecessor Act

(6) Where the council of the Ontario Veterinary Association ordered the cancellation, suspension, term or condition under a predecessor of this Act, the Registrar shall refer the application under subsection (1), (2) or (3) to the committee which, under this Act, would have jurisdiction over the subject-matter that resulted in the cancellation, suspension, term or condition and the committee shall hold a hearing respecting the application.

Hearing by Registration Committee

(7) Subsections 28 (5) to (15) and 29 (1), (2) and (3), which relate to hearings by the Discipline Committee, and subsection 33 (10), which relates to hearings by the Registration Committee into whether or not a member is impaired, apply with necessary modifications to proceedings of the Registration Committee under this section.

Hearing by Discipline Committee

(8) The provisions of this Act which relate to proceedings of the Discipline Committee apply to proceedings of the Discipline Committee under this section.

Parties

(9) The applicant and the College are parties to a hearing under subsection (5) or (6).

Powers of committee

(10) The committee shall, after the hearing under subsection (5) or (6), report its decision and reasons to the parties and direct the Registrar,

(a) to issue the licence;

(b) to refuse to issue the licence;

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

(d) to remove the suspension of the licence;

(e) to refuse to remove the suspension of the licence;

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

(g) to refuse to remove or alter any of the terms, conditions or limitations attached to the licence. R.S.O. 1990, c. V.3, s. 37.

Confidentiality

38. (1) Every person engaged in the administration of this Act, including any person making an investigation under section 36, shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties, employment, examination, review or investigation and shall not communicate any such matters to any other person except,

(a) as may be permitted by the regulations or required in connection with the administration of this Act and the regulations and by-laws, or any proceeding under this Act or the regulations;

(a.1) to a body that governs a profession either inside or outside Ontario;

(b) to his or her counsel; or

(c) with the consent of the person to whom the information relates. R.S.O. 1990, c. V.3, s. 38 (1); 2006, c. 19, Sched. A, s. 17 (22).

Testimony in civil action

(2) No person to whom subsection (1) applies shall be required to give testimony or to produce any document or thing in any action or proceeding with regard to information obtained in the course of his or her duties, employment, examination, review or investigation except in a proceeding under this Act or the regulations. R.S.O. 1990, c. V.3, s. 38 (2).

Board

(3) For the purposes of subsections (1) and (2), the Board, each member of the Board and each member of the staff of the Board shall be deemed to be a person engaged in the administration of this Act. R.S.O. 1990, c. V.3, s. 38 (3); 1998, c. 18, Sched. G, s. 73 (1).

Order directing compliance

39. (1) Where it appears to the College that any person does not comply with any provision of this Act, the regulations or the by-laws, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and upon the application the judge may make the order or such other order as the judge thinks fit. R.S.O. 1990, c. V.3, s. 39 (1); 2006, c. 19, Sched. A, s. 17 (23).

Appeal

(2) An appeal lies to the Divisional Court from an order made under subsection (1). R.S.O. 1990, c. V.3, s. 39 (2).

Offences

40. (1) Every person who contravenes section 11 is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $15,000 and for each subsequent offence to a fine of not more than $30,000.

Idem, use of titles

(2) Every person who is not a holder of a licence and who,

(a) uses the title “veterinarian”, “vétérinaire”, or “veterinary surgeon”, “chirurgien vétérinaire” or an abbreviation or variation thereof as an occupational or business designation; or

(b) uses a term, title or description that will lead to the belief that the person may engage in the practice of veterinary medicine,

is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $5,000 and for each subsequent offence to a fine of not more than $15,000.

Idem, publication

(3) Every person who contravenes subsection 29 (1) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $20,000.

Corporation

(4) Where a corporation is convicted of an offence under subsection (1), (2) or (3), the maximum fine that may be imposed is $25,000 on a first conviction and $50,000 on each subsequent conviction and not as provided in subsection (1), (2) or (3).

Offence, director, officer, etc., of corporation

(5) Where a corporation is convicted of an offence under subsection (1), (2) or (3),

(a) each director of the corporation; and

(b) each officer, employee or agent of the corporation who was in whole or in part responsible for the conduct of that part of the business of the corporation that gave rise to the offence,

is guilty of an offence unless he or she proves, on the balance of probabilities, that he or she took all reasonable care to prevent the commission of the offence.

Idem, penalty

(6) Every person convicted of an offence under subsection (5) is liable on conviction to a fine of not more than $15,000 on a first conviction and not more than $30,000 on each subsequent conviction.

Limitation

(7) Proceedings shall not be commenced in respect of an offence under subsection (1), (2), (3) or (5) after two years after the date on which the offence was, or is alleged to have been, committed. R.S.O. 1990, c. V.3, s. 40.

Offences re falsification, etc.

Falsification of documents

41. (1) Any person who makes or causes to be made a wilful falsification in a matter relating to a register or directory or issues a false licence, certificate of accreditation or document with respect to the issuance of a licence or certificate of accreditation is guilty of an offence and on conviction is liable to a fine of not more than $5,000.

Offences for false representation

(2) Every person who wilfully procures or attempts to procure the issuance of a licence or a certificate of accreditation under this Act by knowingly making a false representation or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offence and on conviction is liable to a fine of not more than $5,000.

Limitation period

(3) Proceedings to obtain a conviction for an offence under subsection (1) or (2) shall not be commenced after the expiration of one year after the date on which the offence was, or is alleged to have been, committed. R.S.O. 1990, c. V.3, s. 41.

Onus of proof respecting licensing

42. Where licensing or acting under and in accordance with a certificate of accreditation under this Act is required to permit the lawful doing of an act or thing, if in any prosecution it is proven that the defendant has done the act or thing, the burden of proving that he or she was so licensed or that he or she acted under and in accordance with a certificate of accreditation under this Act rests upon the defendant. R.S.O. 1990, c. V.3, s. 42.

Service of notice or document

43. (1) A notice or document under this Act, the regulations or the by-laws is sufficiently given, served or delivered if delivered personally or by mail. R.S.O. 1990, c. V.3, s. 43 (1); 2006, c. 19, Sched. A, s. 17 (24).

Idem

(2) Where a notice or document under this Act, the regulations or the by-laws is sent to a person by mail addressed to the person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing. R.S.O. 1990, c. V.3, s. 43 (2); 2006, c. 19, Sched. A, s. 17 (24).

Registrar’s certificate as evidence

44. Any statement containing information from the records required to be kept by the Registrar under this Act and purporting to be certified by the Registrar under the seal of the College is admissible in evidence in all courts and tribunals as proof, in the absence of evidence to the contrary, of the facts stated therein without proof of the appointment or signature of the Registrar and without proof of the seal. R.S.O. 1990, c. V.3, s. 44.

Immunity

45. (1) No action or other proceeding for damages shall be instituted against the College, the Council, a committee of the College or a member of the Council or a committee of the College, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power. 1998, c. 18, Sched. G, s. 73 (18).

Councillor indemnified in suits respecting duties of office

(2) Every member of the Council or a committee of the College and every officer and employee of the College, and their heirs, executors and administrators, and estate and effects, respectively, shall from time to time and at all times, be indemnified and saved harmless out of the funds of the College, from and against,

(a) all costs, charges and expenses whatsoever that he or she sustains or incurs in or about any action or proceeding brought or commenced against him or her in respect of any act, deed, matter or thing whatsoever, made, done or permitted by him or her, in or about the execution of the duties of his or her office; and

(b) all other costs, charges and expenses that he or she sustains or incurs in or about or in relation to the affairs thereof,

except such costs, charges or expenses as are occasioned by his or her own wilful neglect or default. R.S.O. 1990, c. V.3, s. 45 (2).

46. Repealed: 2002, c. 24, Sched. B, s. 25.

Application of Acts

Corporations Act applies in part

47. (1) The Corporations Act does not apply in respect of the College except for the following sections of that Act which apply with necessary modifications in respect of the College:

1. Section 81 (liability for wages).

2. Section 94 (auditors) and, for the purpose, the Minister shall be deemed to be the Minister referred to in the section.

3. Subsection 95 (1) (auditor’s qualifications) and, for the purpose, the subsection shall be deemed not to include,

i. the exception as provided in subsection 95 (2), and

ii. the reference to an affiliated company.

4. Section 96 (auditor’s functions).

5. Subsection 97 (1), exclusive of clause 97 (1) (b), (auditor’s report) and, for the purpose, the College shall be deemed to be a private company.

6. Subsection 97 (2) (designation of statements).

7. Subsection 97 (3) (auditor’s report).

8. Section 122 (liability of members).

9. Repealed: 2006, c. 19, Sched. A, s. 17 (25).

10. Section 280 (making contracts).

11. Section 281 (power of attorney).

12. Section 282 (authentication of documents) except in respect of information from the records required to be kept by the Registrar.

13. Section 292 (validity of acts of directors).

14. Section 293 (annual meetings).

15. Section 297 (directions by a court as to holding a meeting).

16. Section 299 (minutes of meetings).

17. Section 302 (books of account).

18. Section 303 (untrue entries) and, for the purpose, the section shall be deemed not to refer to section 41 of that Act.

19. Section 304 (place of keeping and inspection of records) and, for the purpose,

i. the section shall be deemed not to refer to sections 41 (register of transfers) and 43 (registers of transfers) of that Act, and

ii. the Minister shall be deemed to be the Minister referred to in the section.

20. Section 305 (inspection of records) and, for the purpose, the section shall be deemed not to refer to creditors and to refer to section 41 of that Act.

21. Section 310 (investigations and audits).

22. Section 329 (appeals).

23. Section 330 (untrue statements) and, for the purpose,

i. the section shall be deemed not to refer to regulations made under that Act, and

ii. the Minister shall be deemed to be the Minister referred to in the section and the Deputy Minister of the Ministry presided over by the Minister under this Act shall be deemed to be the Deputy Minister referred to in the section.

24. Section 332 (orders by court) and, for the purpose, the section shall be deemed not to refer to creditors. R.S.O. 1990, c. V.3, s. 47 (1); 2006, c. 19, Sched. A, s. 17 (25).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted:

Application of Acts

Not-for-Profit Corporations Act, 2010

(1) The Not-for-Profit Corporations Act, 2010 does not apply in respect of the College except as may be prescribed by a Minister’s regulation made under subsection 6 (2). 2010, c. 15, s. 247 (2).

See: 2010, c. 15, ss. 247 (2), 249.

Interpretation

(2) For the purposes of subsection (1), a member of the College shall be deemed to be a shareholder and a member of the Council shall be deemed to be a director. R.S.O. 1990, c. V.3, s. 47 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed and the following substituted:

Interpretation

(2) For the purposes of subsection (1), a member of the Council shall be deemed to be a director. 2010, c. 15, s. 247 (2).

See: 2010, c. 15, ss. 247 (2), 249.

Corporate information

(3) The Corporations Information Act does not apply in respect of the College. R.S.O. 1990, c. V.3, s. 47 (3).

Interpretation

48. Any reference in any Act or regulation to a veterinarian as a member of the Ontario Veterinary Association under the Veterinarians Act being chapter 522 of the Revised Statutes of Ontario, 1980, shall be deemed to be a reference to a member of the College under this Act. R.S.O. 1990, c. V.3, s. 48.

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