Veterinary Professionals Act, 2024

Part I Interpretation

1 (1) In this Act, “accreditation standards” means accreditation standards established by the Council pursuant to section 97; (“normes d’agrément”) “authorized activity” means an authorized activity described in section 1 of Schedule 1; (“activité autorisée”) “Board” means the Health Professions Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”) “by-laws” means the by-laws of the College made by the Council pursuant to section 98; (“règlements administratifs”) “certificate of accreditation” means a certificate of accreditation issued under this Act to establish or operate a veterinary facility; (“certificat d’agrément”) “certificate of authorization” means a certificate of authorization issued under this Act authorizing the professional corporation named in it to engage in the practice of veterinary medicine; (“certi…

Part II Governance

College

2 (1) The College of Veterinarians of Ontario is continued under the name College of Veterinary Professionals of Ontario in English and Ordre des professionnels vétérinaires de l’Ontario in French. Body corporate (2) The College is a body corporate without share capital. Capacity and powers (3) Except as limited by this Act, the College has the capacity and the powers of a natural person for carrying out its objects. Not a Crown agent (4) The College is not an agent of the Crown. Not-for-Profit Corporations Act, 2010 (5) The Minister may prescribe provisions of the Not-for-Profit Corporations Act, 2010 that apply to the College and that Act shall not apply to the College except as prescribed. Same (6) Despite subsection (5), section 37 of the Not-for-Profit Corporations Act, 2010 applies to the College and its directors and officers, including a member of the Council. Corporations Inform…

3 (1) The College has the following objects: 1. To regulate the practice of veterinary medicine and to govern members in accordance with this Act, the regulations and the by-laws. 2. To establish, maintain and develop standards of knowledge and skill for members. 3. To establish, maintain and develop standards of qualification and standards of practice for the practice of veterinary medicine. 4. To establish, maintain and develop programs to assure the quality of the practice of the profession. 5. To establish, maintain and develop standards and programs to promote the ability of members to respond to changes in practice environments, advances in technology and other emerging issues. 6. To establish, maintain and develop standards of professional ethics for members. 7. To inspect and accredit veterinary facilities. 8. To promote public awareness of the role of the College. 9. To perform …

Council

4 (1) The College shall have a Council that shall be its governing body and board of directors and that shall manage and administer its affairs. Composition (2) The Council shall be composed of: 1. At least 10 and no more than 12 veterinarian members who are elected in the number and manner provided by the by-laws. 2. At least three and no more than five veterinary technician members who are elected in the number and manner provided by the by-laws. 3. At least six and no more than eight persons who are not members under this Act or members of the governing body of a self-regulating licensing body under any other Act and who are appointed by the Lieutenant Governor in Council. 4. One veterinarian member who is a faculty member at a school of veterinary medicine of a university in Ontario and who is selected in accordance with the by-laws. 5. One veterinary technician member who is a facul…

5 (1) The Council shall have a Chair and one or more Vice-Chairs who shall be elected annually, in accordance with the by-laws, by the Council from among the Council’s members. Registrar (2) The Council shall appoint a Registrar who shall have such powers and duties as are assigned or delegated under this Act.

6 (1) A majority of the members of the Council constitute a quorum. Vacancies (2) Where one or more vacancies occur in the membership of the Council, the members remaining in office constitute the Council so long as their number is not fewer than 11.

Committees

7 (1) The College shall have the following committees: 1. The Executive Committee. 2. The Accreditation Committee. 3. The Licensing Committee. 4. The Investigations and Resolutions Committee. 5. The Quality Assurance Committee. 6. The Discipline and Fitness to Practise Committee. Appointments (2) The Council shall appoint the members of the committees. Composition (3) The composition of the committees and the determination of what constitutes a quorum of a committee shall be in accordance with the by-laws and any regulations. Vacancies (4) If one or more vacancies occur in the membership of a committee, the remaining members shall constitute the committee unless the committee has fewer members than is necessary to constitute a quorum. Chairs (5) The Council shall name one member of each committee to chair the committee. Term (6) No person shall be a member of the same committee for more …

8 (1) Unless provided otherwise under this Act, the chair of a committee, other than the Executive Committee, may, in accordance with the regulations and subject to any quorum and composition rules in the regulations and by-laws, (a) establish panels to carry out any of the work of the committee; and (b) appoint the members of such panels. Appointments (2) Appointments to panels shall be at the discretion of the Chair but shall comply with any requirements under this Act. Multiple panels (3) A member of a committee may sit on more than one panel of the committee during the same period. Simultaneous panels (4) A committee may sit in two or more panels simultaneously so long as a quorum is present in each panel. Authority of panels (5) Unless provided otherwise under this Act, a panel of a committee can exercise all of the authorities of the committee.

Part III Authorized Activities, Risk of Harm and Restricted titles

Authorized Activities

9 (1) No person shall carry out an authorized activity described in section 1 of Schedule 1 while engaged in the practice of veterinary medicine unless the person is a member. Limitations (2) A member may only carry out an authorized activity while engaged in the practice of veterinary medicine and subject to any prescribed conditions or prohibitions and any terms, conditions or limitations imposed on their licence. Authorized activities — non-members (3) Despite subsection (1), a person who is not a member may, subject to any prescribed conditions or prohibitions, carry out an authorized activity while engaged in the practice of veterinary medicine if, (a) the regulations permit a person who is not a member to carry out the authorized activity; and (b) the authorized activity is delegated to that person by a member. Authorized activities — students (4) Despite subsections (1) and (3), a…

10 (1) Subsection 9 (1) does not apply to prevent a person from carrying out an activity described in sections 2 and 3 of Schedule 1. Application of Drug and Pharmacies Regulation Act (2) The Drug and Pharmacies Regulation Act does not apply to prevent a member from compounding, dispensing or selling drugs in the course of engaging in the practice of veterinary medicine. Sale of drugs (3) Regulations made under the Animal Health Act, 2009 do not apply to prevent a member from selling a drug in the course of engaging in the practice of veterinary medicine to an owner of livestock for the treatment of livestock.

Risk of Harm

11 (1) No person other than a member acting within the scope of the practice of veterinary medicine shall treat an animal, or advise an owner or their representative with respect to an animal’s health, in circumstances in which it is reasonably foreseeable that serious bodily harm to an animal or a person may result from the treatment or advice or from an omission from the treatment or advice. Exceptions (2) Subsection (1) does not apply with respect to, (a) any treatment by a person who is acting under the direction of or in collaboration with a member if the treatment is within the scope of the practice of veterinary medicine; (b) an activity carried out by a person if the activity is an authorized activity that was delegated under subsection 9 (3) to the person by a member; (c) an activity set out in section 2 of Schedule 1, if the person carrying out the activity is not otherwise pre…

Restricted Titles and Terms Restricted titles

12 (1) Unless otherwise permitted by the regulations, no person other than a veterinarian member shall use the title “veterinarian”, “veterinary surgeon” or “doctor” or variations, abbreviations, abbreviations of variations or equivalents in another language, while engaged in the practice of veterinary medicine. Veterinary technician members (2) Unless otherwise permitted by the regulations, no person other than a veterinary technician member shall use the title “Registered veterinary technician” or “Registered veterinary technologist” or variations, abbreviations, abbreviations of variations or equivalents in another language, while engaged in the practice of veterinary medicine. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 12 (2) of the Act is amended by striking out ““Registered veterinary technician” or “Registered veterinary technologist”” and su…

13 No person shall use the term “veterinary facility” or variations, abbreviations, abbreviations of variations or equivalents in another language to refer to their building, vehicle or land unless they hold a certificate of accreditation in relation to that building, vehicle or land.

Part IV Licensing and Accreditation

Licensing

14 (1) Every person who holds a licence is a member of the College. Classes of licences (2) Applicants may apply for one of the following classes of licences: 1. A veterinarian licence to engage in the practice of veterinary medicine as a veterinarian. 2. A veterinary technician licence to engage in the practice of veterinary medicine as a veterinary technician. Licence suspended (3) Despite subsection (1), a person whose licence is suspended is not a member. Conditions and limitations (4) A member is subject to any terms, conditions and limitations to which the licence is subject. Compliance (5) Every member shall comply with, (a) the relevant qualifications, requirements and standards set out in the Act and the regulations and the standards established by the Council pursuant to section 97; (b) any applicable rules or requirements respecting the practice of veterinary medicine set out …

15 A person who wishes to receive a licence shall apply to the Registrar in accordance with the regulations.

16 (1) Subject to subsections (2) and (3), if an application is made in accordance with the regulations and the Registrar is of the opinion that an applicant meets the qualifications and requirements under the Act, the Registrar shall, (a) issue a licence to the applicant; and (b) impose any terms, conditions or limitations on the licence that are required to be imposed by the regulations or the by-laws. Grounds for refusal (2) The Registrar shall refuse to issue a licence if, in the opinion of the Registrar, (a) the applicant does not meet the qualifications and requirements set out in the Act or as may be prescribed; (b) the past conduct of the applicant affords reasonable ground for believing that the applicant will not engage in the practice of veterinary medicine with honesty and integrity; or (c) there are reasonable grounds for believing that the applicant is incompetent or that t…

17 (1) The Licensing Committee shall consider an application referred to it under section 16. Same (2) The Licensing Committee may require an applicant to obtain such additional experience, education or training as the Licensing Committee specifies before being issued a licence. Directions to Registrar (3) After considering the application, the Licensing Committee may direct the Registrar to, (a) issue the licence; (b) refuse to issue the licence; (c) issue the licence subject to the terms, conditions and limitations the Licensing Committee specifies; (d) issue a licence after the applicant successfully completes examinations set or approved by the Committee; or (e) issue a licence after the applicant successfully obtains the additional experience, education or training specified by the Committee. Exemption from requirements (4) The Licensing Committee may direct the Registrar to issue a…

18 (1) A member may cancel their licence by delivering written notice to the Registrar and the cancellation of the licence shall take effect immediately upon the delivery of the notice. Cancellation for failure to pay fees, file returns (2) If a member fails to pay a fee or file a return required by the by-laws, the Registrar may deliver notice that the member’s licence may be cancelled unless the member pays the fee or files the return. Same, timing (3) A cancellation under subsection (2) takes effect on the day that is two months after the day the Registrar delivered notice unless the member pays the fee or files the return before then. Continuing jurisdiction

19 (1) A person whose licence is expired, revoked or cancelled under this Act or a predecessor of this Act continues to be subject to the jurisdiction of the College for professional misconduct or incompetence with respect to the time when the person was a member and may be investigated under this Act. Suspension (2) A person whose licence is suspended under this Act or a predecessor of this Act continues to be subject to the jurisdiction of the College, and may be investigated under this Act, for whether their fitness to practise was impaired or for professional misconduct or incompetence with respect to the time when the person was a member and for the period of the suspension. Applications after revocation, suspension, etc.

20 (1) If a person’s licence has been revoked as a result of a hearing before the Discipline and Fitness to Practise Committee under this Act or as a result of a discipline or impairment proceeding under a predecessor of this Act, the person may apply, in writing, to the Registrar for the issuance of a licence, but the application shall not be made sooner than, (a) two years after the revocation or one year after any prior application for issuance of the licence was decided; or (b) such earlier period as the Committee determines. Application for removal of suspension (2) If a person’s licence has been suspended as a result of a hearing before the Discipline and Fitness to Practise Committee under this Act or as a result of a discipline or impairment proceeding under a predecessor of this Act, the person may apply, in writing, to the Registrar for the removal of the suspension or the vary…

Accreditation

21 (1) No person shall establish or operate a veterinary facility except under and in accordance with a certificate of accreditation and in accordance with the requirements and standards set out in this Act and the regulations and the accreditation standards. Compliance (2) The holder of the certificate of accreditation and the veterinary facility director shall comply with and ensure that the veterinary facility in respect of which the certificate of accreditation was issued complies with the qualifications, requirements and standards set out in this Act and the regulations and the accreditation standards.

22 A veterinarian member who wishes to receive or renew a certificate of accreditation shall apply to the Registrar in accordance with the regulations.

23 (1) On receipt of an application or at any other time, the Registrar may appoint an inspector, with such qualifications as may be prescribed, for the purposes of inspecting a veterinary facility for compliance with the requirements under the Act and the accreditation standards. Inspection of premises (2) Every person who controls a veterinary facility where a member practises, other than a private dwelling, shall allow an inspector to enter and inspect the veterinary facility, subject to such limitation as may be set out in the regulations. Inspection of records (3) Every person who controls records relating to a veterinary facility and equipment used in the facility shall allow an inspector to inspect the records.

24 (1) Subject to subsections (2) and (3), if an application is in accordance with the regulations, and the Registrar is of the opinion that the applicant and the veterinary facility meet the qualifications, requirements and standards under the Act and the accreditation standards, the Registrar shall, (a) issue or renew the certificate of accreditation; and (b) impose any terms, conditions or limitations on the certificate of accreditation that are required to be imposed by the regulations or by-laws. Grounds for refusal (2) The Registrar shall refuse to issue or renew a certificate of accreditation if, in the opinion of the Registrar, the applicant or the veterinary facility does not meet, (a) the qualifications, requirements and standards under the Act; or (b) the accreditation standards. Referral to Accreditation Committee by Registrar (3) The Registrar may refer an application to the…

25 (1) The Accreditation Committee shall consider an application referred to it under section 24. Directions to Registrar (2) After considering the application, the Accreditation Committee may direct the Registrar to, (a) issue or renew the certificate of accreditation; (b) refuse to issue or renew the certificate of accreditation; or (c) issue or renew the certificate of accreditation subject to the terms, conditions and limitations the Accreditation Committee specifies. Exemption from requirements (3) The Accreditation Committee may direct the Registrar to issue or renew a certificate of accreditation, or issue a certificate of accreditation subject to terms, conditions and limitations, even if the applicant or veterinary facility has not met all of the qualifications, requirements or standards for a certificate of accreditation. Notice to applicant (4) The Registrar shall deliver noti…

26 (1) At any point after a certificate of accreditation is issued or renewed, the Registrar may refer the certificate of accreditation to the Accreditation Committee if the Registrar is of the opinion that there are reasonable grounds to believe that, (a) the holder of the certificate of accreditation, the veterinary facility director or the veterinary facility in respect of which the certificate of accreditation was issued has ceased to meet the qualifications, requirements and standards under the Act or the accreditation standards; (b) the veterinary facility in respect of which the certificate of accreditation was issued is being used or has been used in contravention of a term, condition or limitation of the certificate of accreditation; or (c) the veterinary facility in respect of which the certificate of accreditation was issued is being used or has been used as a veterinary facil…

Review by board Hearing or review

27 (1) A person who has received notice under subsection 17 (5) or 25 (4) may request the Board hold a review or hearing in respect of an application, if the person delivers notice that meets the requirements set out in subsection (2) to the Board and to the Licensing Committee or Accreditation Committee, as the case may be. Board shall hold hearing or review (2) The Board shall hold a review or hearing, as the case may be, if the Board receives notice of a request that, (a) is in writing; (b) is delivered within 30 days after the person received notice from the Registrar or such longer period as determined by the Board on reasonable grounds if the Board is satisfied that no person would be unduly prejudiced as a result of the longer period; and (c) specifies whether a review or a hearing is required. Notice to Board (3) If the Licensing Committee or the Accreditation Committee receives …

28 (1) A hearing by the Board under section 27 shall be open to the public, subject to subsection (2). Exclusion of public (2) The Board may make an order that the public be excluded from a hearing or any part of a hearing if the Board is satisfied that, (a) matters involving public security may be disclosed; (b) financial, personal or other matters may be disclosed at the hearing of such a nature that the harm created by the disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public; (c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or (d) the safety of a person may be jeopardized. Orders preventing public disclosure (3) In situations in which the Board may make an order that the public be excluded from a hearing, it may also make such orders as it considers necessary to prevent the public …

29 If the Board makes an order under subsection 28 (2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Board may allow the person and his or her personal representative to attend the hearing.

30 (1) This section applies with respect to the procedure for hearings and reviews by the Board under section 27. Findings of fact in a hearing (2) The findings of fact in a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. Findings of fact in a review (3) The findings of fact in a review shall be based exclusively on the application and documentary evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. Disclosure of evidence against member (4) Evidence against a member is not admissible at a hearing or review unless, at least 10 days before the hearing or review, the member receives, (a) in the case of written or documentary evidence, an opportunity to examine the evidence; (b) in the case of evidence of an expert, the identit…

Part V Executive Committee

31 (1) The Executive Committee shall perform such functions of the Council as are delegated to it under the Act, by the Council or by the by-laws. Other functions (2) Subject to ratification by the Council at its next meeting, the Executive Committee, between meetings of the Council, may perform any other function of the Council that, in the opinion of the Executive Committee, must be performed immediately. Limitation (3) Subsection (2) does not apply to authorize the Executive Committee to make, amend or revoke a regulation, a by-law or a standard established by the Council pursuant to section 97.

Part VI Quality Assurance

Quality Assurance Program

32 A quality assurance program established by the regulations shall be aimed at assuring the quality of the practice of the members and promoting continuing evaluation, competence and quality improvement among the members and the regulations establishing the quality assurance program shall prescribe, (a) continuing education or professional development that, (i) promotes continuing competence and continuing quality improvement among members, (ii) addresses changes in practice environments, and (iii) incorporates standards of practice, advances in technology, changes made to entry to practice competencies and other relevant issues in the discretion of the Council; (b) self, peer and practice assessments; (c) mechanisms for the College to monitor members’ participation in, and compliance with, the quality assurance program; and (d) such additional components that the College determines wou…

Quality Assurance Committee

33 (1) The Quality Assurance Committee shall administer the quality assurance program in accordance with the Act and the by-laws. Powers of the Committee (2) The Quality Assurance Committee may do one or more of the following: 1. Require individual members whose knowledge, skill and judgment have been assessed under section 34 and found to be unsatisfactory to participate in specified continuing education or remediation programs. 2. Direct the Registrar to impose terms, conditions or limitations for a specified period to be determined by the Committee on the licence of a member, i. whose knowledge, skill and judgment have been assessed under section 34 and have been found to be unsatisfactory, or ii. who has been directed to participate in specified continuing education or remediation programs as required by the Committee under paragraph 1 and has not completed those programs successfull…

Compliance with Quality Assurance

34 (1) Every member shall co-operate with the Quality Assurance Committee and with any assessor and shall, (a) permit the assessor to enter and inspect the veterinary facility where the member practises; (b) produce, at the request of the Committee or assessor, any records in respect of the member’s practice of veterinary medicine and permit the assessor to inspect such records; (c) deliver to the Committee or assessor the information or records in respect of the member’s practice of veterinary medicine the Committee or assessor requests in the form the Committee or assessor specifies; (d) confer with the Committee or assessor if requested to do so by either of them; and (e) participate in a program designed to assess the knowledge, skill and judgment of the member, if requested to do so by the Committee. Inspection of premises (2) Every person who controls a veterinary facility where a …

35 (1) Except as provided in sections 33 and 36 and in this section, the Quality Assurance Committee and any assessors appointed by it shall not disclose, to any other committee, information that, (a) was given by the member; or (b) relates to the member and was obtained under section 34. Exception if member gave false information (2) Where relevant to a proceeding before a committee, information described in subsection (1) may be disclosed to that committee for the purpose of showing that the member knowingly gave false information to the Quality Assurance Committee or an assessor. Use in other committees (3) Information that was disclosed contrary to subsection (1) shall not be used against the member to whom it relates in a proceeding before the Discipline and Fitness to Practise Committee or the Investigations and Resolution Committee or before a court.

36 (1) In this section, “disclose” means to provide or make available information to a person who is not one of the following: 1. A member of the Quality Assurance Committee. 2. An assessor appointed by the Committee, a person engaged on the Committee’s behalf or a person conducting an assessment program on its behalf. 3. A person providing administrative support to the Committee or the Registrar or the Committee’s legal counsel. Quality assurance information (2) No person shall disclose the following information except as permitted under the Act or the by-laws: 1. Information that is collected by or prepared for the Quality Assurance Committee for the sole or primary purpose of assisting the committee in carrying out its functions. 2. Information that relates solely or primarily to any activity that the Quality Assurance Committee carries on as part of its functions. 3. Information that…

Part VII Reports and Complaints

Members’ Reporting Obligations

37 (1) A member shall file a report with the Registrar in accordance with this section if, in the course of practising veterinary medicine, the member learns of anything that causes the member to have reasonable grounds to believe that another member’s fitness to practise is impaired. If name not known (2) A member is not required to file a report if the member does not know the name of the member who would be the subject of the report. Contents (3) The report shall be in writing and must contain, (a) the name of the member filing the report; (b) the name of the member who is the subject of the report; (c) an explanation of the alleged impairment to the fitness to practise; and (d) any other prescribed information. Timing (4) The report must be filed within 30 days after the obligation to report arises unless the person who is required to file the report has reasonable grounds to believe…

38 (1) A member shall file a report with the Registrar in accordance with this section if the member has been found guilty of a prescribed offence. Contents (2) The report shall be in writing and must contain, (a) the name of the member filing the report; (b) a description of the offence including the Act under which the offence was committed; (c) the date the member was found guilty of the offence; (d) the name and location of the court that found the member guilty of the offence; (e) the status of any appeal initiated respecting the finding of guilt; and (f) any other prescribed information relevant to the finding. Timing (3) The report must be filed as soon as reasonably practicable after the member receives notice of the finding of guilt. Additional reports (4) A member who files a report under this section shall file an additional report if there is a change in status of the finding…

39 (1) A member shall file a report with the Registrar in accordance with this section if there has been a finding of professional negligence or malpractice made against the member inside or outside of Ontario. Contents of report (2) The report shall be in writing and must contain, (a) the name of the member filing the report; (b) a description of the finding, including the body that made the finding; (c) the date that the finding was made against the member; (d) the name and location of the body that made the finding against the member; (e) the status of any appeal initiated respecting the finding made against the member; and (f) any other prescribed information relevant to the finding. Timing of report (3) The report must be filed as soon as reasonably practicable after the member receives notice of the finding made against the member. Additional reports (4) A member who files a report…

40 (1) A member shall advise the Registrar if the member is a member of another body that governs a profession inside or outside of Ontario. Findings of misconduct, incompetence or impairment to fitness to practise (2) A member shall file a report with the Registrar in accordance with this section if there has been a finding of professional misconduct, incompetence or impairment to fitness to practise or an equivalent type of finding made against the member by another body that governs a profession inside or outside of Ontario. Contents of report (3) The report shall be in writing and must contain, (a) the name of the member filing the report; (b) a description of the finding, including the body that made the finding; (c) the date that the finding was made against the member; (d) the name and location of the body that made the finding against the member; (e) the status of any appeal init…

41 (1) A member shall file a report with the Registrar in accordance with this section if the member has been charged with a prescribed offence. Contents of report (2) The report shall be in writing and must contain, (a) the name of the member filing the report; (b) a description of the charge, including the Act under which the charge was made; (c) the date the charge was laid against the member; (d) the name and location of the court in which the charge was laid or in which the bail condition or restriction was imposed on or agreed to by the member; (e) every bail condition imposed on the member as a result of the charge; (f) any other restriction imposed on or agreed to by the member relating to the charge; (g) the status of any proceedings with respect to the charge; and (h) any other prescribed information relevant to the charge or bail conditions. Timing of report (3) The report mus…

42 (1) A report made under sections 37 to 41 shall not contain any information that violates a publication ban. Same (2) No action shall be taken under sections 37 to 41 which violates a publication ban and nothing in those sections requires or authorizes the violation of a publication ban.

Complaints

43 (1) Any person may make a complaint against a member or former member by filing a written complaint with the Registrar, in accordance with the regulations, if any. Notice (2) Within 14 days of receipt of the complaint or such other time period as may be prescribed, the Registrar shall deliver notice of the complaint to the member or former member that includes any prescribed information. Registrar’s responsibility (3) Upon receiving a written complaint that complies with any regulations, the Registrar may make such inquiries as they consider necessary and may take one or more of the following actions: 1. Refer the complaint to alternative dispute resolution if the complainant and member or former member against whom the complaint was made consent and the matter has not yet been referred to the Discipline and Fitness to Practise Committee. 2. Refer the complaint to the Investigations a…

44 (1) If the Registrar considers a complaint made under subsection 43 (1) to be frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Registrar shall deliver to the complainant and the member or former member notice that, (a) the College intends to take no action with respect to the complaint; and (b) the complainant and the member or former member have a right to make written submissions to the Registrar within 30 days after receiving the notice. Same (2) If the Registrar is satisfied, after considering any written submissions of the complainant and the member or former member, that a complaint was frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Registrar shall direct that the complaint not be referred further and shall deliver notice of the decision to the complainant and the member or former member. Complaints not in b…

Alternative Dispute Resolution

45 (1) Alternative dispute resolution shall be conducted in accordance with the regulations and any applicable by-laws. Confidentiality (2) Despite this or any other Act, all communications at an alternative dispute resolution process and the facilitator’s notes and records shall remain confidential and are deemed to have been made without prejudice to the parties in any proceeding. Facilitator not to participate (3) The person who acts as the alternative dispute resolution facilitator shall not participate in any proceeding concerning the same matter. Ratification of resolution (4) If the complainant and the member or former member reach a resolution of the complaint through alternative dispute resolution, they shall advise the Registrar of the resolution, and the Registrar may, (a) adopt the proposed resolution; or (b) refer the decision of whether or not to adopt the proposed resoluti…

Registrar’s Investigations

46 (1) The Registrar may appoint one or more investigators in the following circumstances: 1. If the Registrar believes on reasonable and probable grounds that a member or former member has committed an act of professional misconduct or is incompetent and if the Investigations and Resolutions Committee approves of the appointment. 2. If the Investigations and Resolutions Committee has received information about a member or former member from the Quality Assurance Committee and has requested that the Registrar conduct an investigation. 3. If the Registrar has referred a complaint about a member or former member to the Investigations and Resolutions Committee and the committee has requested that the Registrar conduct an investigation. 4. The Registrar believes on reasonable and probable grounds that the conduct of a member or former member exposes or is likely to expose their patients or c…

47 (1) In the course of an investigation, an investigator appointed under section 46 may, (a) inquire into and examine the practice of the member or former member in respect of whom the investigation is being made and may, upon production of their appointment, enter, at any reasonable time, the veterinary facility of the member or former member, make reasonable inquiries of any person and examine documents and things relevant to the subject-matter of the investigation; (b) inspect or observe the practice of veterinary medicine performed by a member or under the supervision of a member, including the direct observations of procedures performed as part of the practice, if the investigator has reasonable grounds to believe that the observation is necessary for the purpose of the investigation; (c) take photographs or make audio or video records relating to the veterinary facility; (d) remov…

48 (1) An investigator may copy, at the College’s expense, a document or object that an investigator may examine under subsection 47 (1) or under the authority of a warrant issued under subsection 47 (6). Removal for documents and objects (2) An investigator may remove a document or object described in subsection (1) if, (a) it is not practicable to copy it in the place where it is examined; or (b) a copy of it is not sufficient for the purposes of the investigation. Return of documents and objects or copies (3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall, (a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or (b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time. Copy as evidence (4)…

Part VIII Investigations and Resolutions

Investigations and Resolutions Committee

49 (1) The Investigations and Resolutions Committee shall consider and investigate, with regards to the conduct of a member or former member, any matter that is referred to it under paragraph 4 of subsection 33 (2) or subsection 43 (3) or any report it receives pursuant to subsection 46 (4). Submissions by member (2) A member or former member who is the subject of a complaint or a report may make written submissions to the Investigations and Resolutions Committee within 30 days of receiving notice of the complaint or report. Exception (3) The Investigations and Resolutions Committee may specify a period of time of less than 30 days in which the member or former member may make written submissions, and inform the member to that effect, if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member or former member exposes or is likely to expose an a…

50 (1) If the Investigations and Resolutions Committee considers a complaint referred to it under subsection 43 (3) to be frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Committee shall deliver the complainant and the member or former member notice that, (a) the Committee intends to take no action with respect to the complaint; and (b) the complainant and the member or former member have the right to make written submissions to the Committee within 30 days after receiving the notice. Same (2) If the Investigations and Resolutions Committee is satisfied, after considering any written submissions of the complainant and the member or former member, that a complaint was frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Committee shall take no action with respect to the complaint. Complaints not in bad faith (3) If the Inve…

Interim Orders

51 (1) At any time after receiving a matter under paragraph 4 of subsection 33 (2) or subsection 43 (3) or after an investigator is appointed under section 46, the Investigations and Resolutions Committee may, subject to subsection (5) of this section, make an interim order directing the Registrar to suspend, or to impose terms, conditions or limitations on, a member or former member’s licence if it is of the opinion that the conduct of the member or former member exposes or is likely to expose an animal or human to harm or injury. Procedure following interim order (2) If an order is made under subsection (1), (a) the matter shall be investigated and prosecuted expeditiously; and (b) the Investigations and Resolutions Committee or the Discipline and Fitness to Practise Committee, as the case may be, shall give precedence to the matter. Duration of order (3) An order under subsection (1) …

Fitness to Practise

52 (1) In this section, “health inquiry panel” means a panel of the Investigations and Resolutions Committee appointed by the chair of the Investigations and Resolutions Committee under subsection (3). Inquiries by Registrar (2) If the Registrar receives information leading the Registrar to believe that a member’s fitness to practise may be impaired, (a) the Registrar shall make such inquiries as the Registrar considers appropriate; and (b) if after making such inquiries the Registrar continues to believe that the member’s fitness to practise may be impaired, the Registrar shall report its findings to the Investigations and Resolutions Committee. Appointment of health inquiry panel (3) After receiving a report from the Registrar, the Quality Assurance Committee or a panel of the Investigations and Resolutions Committee, the chair of the Committee may, upon notice to the member of the int…

53 (1) At any time before or after a referral to the Discipline and Fitness to Practise Committee, the health inquiry panel may, subject to subsections (4) and (5), make an interim order directing the Registrar to suspend or impose terms, conditions or limitations on a member’s licence if it is of the opinion that the physical or mental state of the member exposes or is likely to expose an animal or human to harm or injury. Procedure following interim suspension order (2) If an order is made under subsection (1) in relation to a matter, the health inquiry panel and the Discipline and Fitness to Practise Committee shall give precedence to the matter. Duration of order (3) An order under subsection (1) continues in force until it is varied by the health inquiry panel or until the matter is finally disposed of by the health inquiry panel or the Discipline and Fitness to Practise Committee. …

Review By Board Review of certain decisions

54 (1) A member, former member or complainant who receives notice with respect to a decision under subsection 44 (2) or paragraphs 3 to 6 of subsection 49 (5) or pursuant to subsection 50 (1) may request the Board hold a review in respect of the decision of the Registrar or Investigations and Resolutions Committee by delivering notice that meets the requirements set out in subsection (2) of this section to, (a) the Board; and (b) the Registrar or Investigations and Resolutions Committee, as the case may be. Board shall hold review (2) Subject to subsections (4) to (6), the Board shall hold a review of the decision, if the Board receives notice of a request that, (a) is in writing; and (b) is delivered within 30 days after the person received notice from the Registrar or Investigations and Resolutions Committee, as the case may be, or such longer period as determined by the Board on reaso…

55 (1) Before reviewing a decision, the Board shall disclose to the parties everything given to it by the Registrar. Exceptions (2) The Board may refuse to disclose anything that may, in its opinion, (a) disclose matters involving public security; (b) undermine the integrity of the complaint investigation and review process; (c) disclose financial or personal or other matters of such a nature that the desirability of avoiding their disclosure in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that disclosure be made; (d) prejudice a person involved in a criminal proceeding or in a civil suit or proceeding; or (e) jeopardize the safety of any person. Release of documents and things (3) The Board shall release documents and things put into evidence or received by the Board at a review to the person who produced them, on …

56 (1) A review by the Board under section 54 shall be open to the public, subject to subsection (2) of this section. Exclusion of public (2) The Board may make an order that the public be excluded from a review or any part of a review if the Board is satisfied that, (a) matters involving public security may be disclosed; (b) financial, personal or other matters may be disclosed at the review of such a nature that the harm created by the disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public; (c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or (d) the safety of a person may be jeopardized. Orders preventing public disclosure (3) In situations in which the Board may make an order that the public be excluded from a review, it may also make such orders as it considers necessary to prevent …

57 If the Board makes an order under subsection 56 (2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Board may allow the person and their personal representative to attend the review.

Part IX Discipline and Fitness to PRACTISE

Discipline and Fitness to Practise Committee

58 The Discipline and Fitness to Practise Committee shall, (a) hear and determine specified allegations of a member or former member’s professional misconduct and incompetence referred to it by the Investigations and Resolutions Committee; (b) hear and determine referrals from the Investigations and Resolutions Committee or the health inquiry panel respecting the impairment of a member or former member’s fitness to practise; (c) hear and determine such matters referred to it by the Registrar under section 20; and (d) perform such other duties as are assigned to it by the Council.

Professional Misconduct and Incompetence

59 (1) After conducting a hearing, the Discipline and Fitness to Practise Committee shall find that a member or former member has committed an act of professional misconduct if, (a) the member or former member has been found guilty of an offence that is relevant to the suitability to practise veterinary medicine; (b) there is proof that a member’s or former member’s rights or privileges related to the practice of veterinary medicine have been restricted or withdrawn under an Act of the Parliament of Canada or of the Legislature of Ontario, other than under this Act, unless by the request of the member or former member; (c) the veterinary authority of a jurisdiction other than Ontario has found that the member or former member committed an act of professional misconduct that would, in the opinion of the Committee, be an act of professional misconduct under this Act; (d) the member or form…

60 (1) If the Discipline and Fitness to Practise Committee finds a member or former member has committed an act of professional misconduct or is incompetent, the Committee may make and deliver to the member or former member one or more of the following orders: 1. An order directing the Registrar to revoke the member or former member’s licence or withdraw recognition of the specialist status of the member or former member, or both. 2. An order directing the Registrar to suspend the licence of the member or former member or suspend recognition of the specialist status of the member or former member, or both, for a stated period or pending the demonstration of such facts as are specified by the Committee. 3. An order directing the Registrar to impose such terms, conditions and limitations upon the licence of the member or former member for such period of time as is specified by the Committe…

61 (1) The College shall publish the decisions of the Discipline and Fitness to Practise Committee and their reasons, or a summary of their reasons, in its annual report and may publish the decisions and reasons or summary in any other publication of the College. Publication of member’s name (2) In publishing a decision and reasons or a summary under subsection (1), the College shall publish the name of the member or former member who was the subject of the proceeding if, (a) the results of the proceeding may be obtained by a person from the register; or (b) the member or former member requests the publication of their name. Withholding of member’s name (3) The College shall not publish the name of the member or former member unless it is required to do so under subsection (2). Delivery of decision (4) If a member or former member has been found by the Discipline and Fitness to Practise …

62 (1) If the Discipline and Fitness to Practise Committee directs the Registrar to revoke or suspend a licence, withdraw or suspend recognition of specialist status or impose terms, conditions or limitations upon a licence on the ground of professional misconduct, the order does not take effect until the time for appeal from the order has expired without an appeal being taken or, if taken, the appeal has been disposed of or abandoned. Incompetence (2) If the Discipline and Fitness to Practise Committee directs the Registrar to revoke or suspend a licence, withdraw or suspend recognition of specialist status or impose terms, conditions or limitations on a licence on the ground of incompetence, the decision takes effect immediately even if an appeal is taken from the decision, unless the court to which the appeal is taken orders otherwise.

Fitness to Practise

63 (1) If a matter is referred to the Discipline and Fitness to Practise Committee under subsection 52 (8), the Committee shall conduct a hearing and after the hearing shall, (a) make a finding as to whether or not the member’s fitness to practise is impaired; and (b) if the member’s fitness to practise is found to be impaired, by order direct the Registrar to, (i) revoke the member’s licence, (ii) suspend the member’s licence either indefinitely or pending the demonstration of such facts as the Committee specifies, or (iii) impose such terms, conditions and limitations on the member’s licence as the Committee considers appropriate. Procedures (2) Subsections 68 (1) to (11) apply with necessary modifications to proceedings of the Discipline and Fitness to Practise Committee under this section. Closed to the public (3) Despite the Statutory Powers Procedure Act, a hearing by the Disciplin…

64 (1) A health professional appointed under subsection 52 (5) or otherwise retained by the member is not compellable to produce at the hearing their case histories, notes or any other records constituting medical evidence but, when required to give evidence, shall prepare a report containing the medical facts, findings, conclusions and treatment. Reports of health professionals (2) A report described in subsection (1) is admissible as evidence at a hearing without proof of its making or of the health professional’s signature if the party introducing the report delivers to the other parties a copy of the report at least 10 days before the hearing. Testimony of health professionals (3) A health professional may not give evidence in their professional capacity at a hearing unless a report described subsection (1) is introduced as evidence. Cross-examination (4) If a report described in sub…

65 If the Discipline and Fitness to Practise Committee directs the Registrar to revoke, suspend or impose terms, conditions or limitations upon the licence of a member on the ground that the member’s fitness to practise 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.

66 (1) Subject to section 63 and subsection (2) of this section, a hearing of the Discipline and Fitness to Practise Committee shall be open to the public. Exclusion of the Public (2) The Discipline and Fitness to Practise Committee may make an order that the public be excluded from a hearing or any part of it if the Committee is satisfied that, (a) matters involving public security may be disclosed; (b) financial, personal or other matters may be disclosed at the hearing of such a nature that the harm created by disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public; (c) a person involved in a criminal proceeding or in a civil suit may be prejudiced; or (d) the safety of a person may be jeopardized. Orders preventing public disclosure (3) In situations in which the Discipline and Fitness to Practise Committee may make an order that th…

Discipline and Fitness to Practise Committee Hearing Process Committee

67 (1) All decisions of a panel of the Discipline and Fitness to Practise Committee require a vote of a majority of the members of the panel present at the hearing. Exception (2) The chair of the Discipline and Fitness to Practise Committee shall not assign a member to a panel if the member has taken part in any consideration or investigation of what is to be the subject matter of the Committee’s hearing. Process

68 (1) If a proceeding is commenced before the Discipline and Fitness to Practise 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 is deemed to remain a member of the Committee and to satisfy any requirements under the Act for being a member of the Committee for the purposes of completing the proceeding in the same manner as if the person’s term of office had not expired or been terminated. Disability of member (2) If the Discipline and Fitness to Practise Committee commences a hearing and any member of the Committee 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 if all members of the Committ…

Part X Appeal to Court

69 (1) Any of the following parties may appeal a decision or order of the relevant committee or the Board to the Divisional Court: 1. A party to a proceeding before the Discipline and Fitness to Practise Committee under sections 58 to 65. 2. A party to a proceeding before the Accreditation Committee under section 26. 3. A party to a hearing by the Board in respect of a decision by the Licensing Committee related to the issuance of a licence or the imposition of terms, conditions or limitations on a licence. 4. A party to a hearing by the Board in respect of a decision by the Accreditation Committee related to the issuance or renewal of a certificate of accreditation or the imposition of terms, conditions or limitations on a certificate of accreditation. Certified copy of record (2) The Registrar or the Executive Secretary of the Board, as the case may be, shall provide a certified copy o…

Part XI Professional Corporations Professional corporations

70 (1) The following persons may apply to the Registrar in accordance with the by-laws and regulations, if any, for a certificate of authorization to establish a professional corporation for the purpose of practising veterinary medicine: 1. A veterinarian member. 2. Two or more veterinarian members practising veterinary medicine as individuals or as a partnership. Issuing and revoking certificates of authorization (2) The College shall, in accordance with its by-laws and the regulations, if any, determine whether to issue a certificate of authorization and whether to revoke a certificate of authorization. Application of Business Corporations Act (3) The provisions of the Business Corporations Act that apply to professional corporations within the meaning of that Act apply to a professional corporation with a certificate of authorization. Shareholders (4) For the purposes of subsection 3.…

71 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.

72 (1) Any provision of this Act, the regulations, the by-laws or the standards that applies to a member shall apply to a member whose practice is carried on through a professional corporation. Compliance (2) Members whose practice is carried on through a professional corporation shall ensure that their practice of veterinary medicine complies with any rules or requirements set out in the regulations regarding such practices.

73 (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. Investigation (2) Subsections (3) and (4) apply if an action or the conduct of a member, carried on through a profession corporation, is the subject of one of the following: 1. A complaint. 2. A mandatory reporting obligation under the Act. 3. A specified allegation of professional misconduct or incompetence. 4. An investigation, review or hearing by the Board. 5. An investigation, inspection or assessment by an investigator or assessor appointed under the Act. 6. An inquiry by the Investigations and Resolutions Committ…

74 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.

75 A term, condition or limitation imposed on the licence of a veterinarian 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.

Part XII Offences

76 (1) A person who contravenes or fails to comply with any of the following provisions is guilty of a Type A offence: 1. Section 9. 2. Section 11. 3. Any provision of this Act or the regulations prescribed by the Lieutenant Governor in Council as a Type A offence. Responsibility of employers (2) The employer of a person who contravenes section 9 or 11 while acting within the scope of their employment is guilty of a Type A offence. Responsibility of directors of corporate employers (3) If the employer described in subsection (2) is a corporation, every director of the corporation who approved of, permitted or acquiesced in the contravention is guilty of a Type A offence. Penalties, individual (4) An individual, including a director of the corporation, who is convicted of a Type A offence is liable, (a) for a first offence, to a fine of not more than $25,000; and (b) for any subsequent of…

77 (1) A person who contravenes or fails to comply with any of the following provisions is guilty of a Type B offence: 1. Section 12. 2. Section 13. 3. Section 34. 4. Section 37. 5. Subsection 47 (4). 6. Subsection 63 (6). 7. Any provision of this Act or the regulations prescribed by the Lieutenant Governor in Council for the purposes of this section. Representation of qualifications (2) A person, other than a member, who holds themself out expressly or by implication as a veterinarian, a registered veterinary technician or a registered veterinary technologist is guilty of a Type B offence. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 77 (2) of the Act is amended by striking out “registered” wherever it appears. (See: 2024, c. 15, Sched. 1, s. 108 (2)) Falsification of documents (3) A person who makes or causes to be made a wilful falsification in a m…

78 Proceedings to obtain a conviction for an offence under this Part 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.

Part XIII Powers of Minister and Lieutenant Governor in COuncil

79 (1) In addition to the Minister’s other powers and duties under this Act, the Minister may, (a) review the activities of the Council and require the Council to provide reports and information about its activities; (b) require 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, standards, by-laws and procedures; (d) require the Council to make, amend or rescind the standards for veterinary facilities or for the practice of veterinary medicine established by the Council pursuant to section 97; and (e) require the Council to make, amend or revoke a regulation in accordance with subsectio…

80 (1) The College shall report annually to the Minister on its activities and financial affairs. Audited financial statement (2) The College’s annual report shall include an audited financial statement. Content and form (3) The Minister may specify the content and form of the annual reports submitted by the College and, where the Minister has done so, the annual reports shall contain that content and be in that form. Minister may publish information (4) The Minister may, in every year, publish information from the annual reports of the College. No personal information (5) Information from the annual reports published by the Minister shall not include any personal information. Additional audits (6) The College shall be subject, at any time, to any other audits relating to any aspect of its affairs as the Minister may determine to be appropriate, conducted by an auditor appointed by or ac…

81 (1) The Lieutenant Governor in Council may appoint a person as a College supervisor, on the recommendation of the Minister, if the Minister considers such appointment appropriate or necessary. Factors to be considered (2) In deciding whether to make a recommendation under subsection (1), the Minister may consider any matter the Minister considers relevant, including, (a) the quality of the administration and management, including financial management, of the College; (b) the administration of this Act; and (c) the performance of other duties and powers imposed on the College, the Council, the committees of the College or persons employed, retained or appointed to administer this Act. Notice (3) At least 30 days before recommending to the Lieutenant Governor in Council that a College supervisor be appointed, the Minister shall deliver to the College a notice of the Minister’s intention…

Part XIV General

82 (1) The Registrar shall maintain one or more registers which shall include, (a) the name of every person to whom a licence is issued and the class of licence issued; (b) any designation of a member of the College as a specialist and any withdrawal of recognition by the College of the specialist status of a member or former member; (c) any terms, conditions or limitations imposed on a licence; (d) any revocation, suspension or cancellation of a licence; (e) the fact and amount of any fine imposed by the Discipline and Fitness to Practise Committee and the fact of any reprimand by the Committee, unless the 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; (g) information that a member of the College consents to be entered in a regist…

83 (1) The persons set out in subsection (2) shall preserve secrecy with respect to all matters that come to their knowledge in the course of their 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; (b) to a body that governs a profession either inside or outside Ontario; (c) to their counsel; (d) to a police officer or provincial offences officer, as that term is defined in subsection 1 (1) of the Provincial Offences Act, to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; Note: On a day to be named by proclamation of the Lieutenant G…

84 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.

85 (1) No record of a proceeding under this Act, no report, document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in a civil proceeding other than a proceeding under this Act. Testimony in civil action (2) No person described in subsection 83 (2) 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.

86 (1) The College may apply to the Superior Court of Justice for an order directing a person to comply with a provision of this Act, the regulations or the by-laws. Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1).

87 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.

88 (1) Any notice, order or other document under this Act or the by-laws is sufficiently delivered if it is delivered personally, by registered mail or by such other manner as may be prescribed. Timing (2) A notice, order or other document is deemed to be delivered, (a) on the day of delivery, where the notice, order or other document is delivered personally; (b) on the fifth day after the day of mailing, where the notice, order or other document is delivered by registered mail; and (c) as provided for in the regulations, if it is delivered in a prescribed manner.

89 The Registrar shall post on the website of the College a summary of the amount of time that it takes for a complaint to move through the Investigations and Resolutions Committee process, excluding time spent on alternative dispute resolution processes. Crown liability

90 (1) No cause of action arises against any current or former member of the Executive Council, current or former Deputy Minister, any College Supervisor appointed under section 81 or any employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. Crown remains vicariously liable (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). No liability for acts or omissions of others (3) No cause of action arises against th…

91 (1) No cause of action arises against the College or any of the following persons for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions: 1. A current or former member of, i. the Council, ii. the Transition Council, or iii. a Committee of the College. 2. A current or former, i. Registrar, ii. investigator appointed under section 46, iii. assessor appointed by the Quality Assurance Committee, iv. alternative dispute resolution facilitator under section 45, or v. employee or agent of the College. Proceedings by Crown not prevented (2) This section does not apply with respect to proceedings brought by the Crown.

92 (1) No proceeding shall be commenced, (a) against any person specified in subsection 90 (1), in respect of a matter referred to in that subsection; (b) against the Crown or any person specified in subsection 90 (1), in respect of a matter referred to in subsection 90 (3); or (c) against any person specified in subsection 91 (1), in respect of a matter referred to in that subsection. Same (2) Subsection (1) does not apply with respect to an application for judicial review or any proceeding that is specifically provided for under this Act, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, or…

Part XV Regulations, Standards and By-Laws

Regulations

93 (1) Subject to the approval of the Lieutenant Governor in Council, the Council may make regulations, 1. prescribing and governing anything in this Act that is described as being prescribed, done in accordance with the regulations, provided for in the regulations or authorized or required by the regulations, other than a matter that this Act describes as being prescribed by the Minister or Lieutenant Governor in Council or provided for in regulations made by the Minister or Lieutenant Governor in Council; 2. delegating powers, duties and functions to the committees of the College; 3. prescribing and governing the composition and quorum of committees of the College and panels of committees; 4. prescribing and governing the qualification, selection, appointment and terms of office of members of committees of the College and panels of committees; 5. prescribing and governing conditions th…

94 (1) If the Minister requires the Council to make, amend or revoke a regulation under subsection 93 (2) and the Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation. Same (2) Subsection (2) does not give the Lieutenant Governor in Council authority to do anything that the Council does not have authority to do. Other regulations (3) The Lieutenant Governor in Council may make regulations prescribing, (a) provisions of the Act or the regulations for the purposes of paragraph 3 of subsection 76 (1); and (b) provisions of the Act or the regulations for the purposes of paragraph 7 of subsection 77 (1).

95 The Minister may make regulations prescribing provisions of the Not-for-Profit Corporations Act, 2010 for the purposes of subsection 2 (5) of this Act. General provisions re regulations

96 (1) A regulation under this Act may be general or particular in its application. Incorporation by reference, standards of practice (2) A regulation made under this Part may adopt by reference, in whole or in part and with such changes as are considered necessary, any code, standard or guideline relating to standards of practice of the profession. Rolling incorporation (3) If a regulation had adopted by reference a code, standard or guideline, the regulation may require compliance with the code, standard or guideline as amended from time to time, whether the amendment was made before or after the regulation was made. Same (4) A code, standard or guideline adopted pursuant to subsection (3) must be created by a recognized body and must not be a code, standard or guideline created by the College. Copies available for inspection (5) A copy of every code, standard or guideline adopted by r…

Standards

97 (1) The Council may establish, (a) standards for veterinary facilities that must be met by an applicant for a certificate of accreditation and maintained by the holder of a certificate of accreditation or other prescribed persons; and (b) standards for the practice of veterinary medicine that must be met and maintained by members. Availability (2) The Council shall forward a copy of the standards established under this section to the Minister and shall make a copy available to the public on a website of the College. Previous versions (3) The Council shall ensure that any previous versions of any standards established by the Council are available to the public on a website of the College. Conflict (4) In the case of a conflict between a standard established under this section and a provision of any Act or regulation, the Act or regulation prevails.

By-laws

98 (1) The Council may make by-laws relating to the administrative and internal affairs of the College not inconsistent with this Act and the regulations, including by-laws respecting the following matters: 1. Establishing 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. Establishing the financial year of the College and providing for the audit of the accounts and transactions of the College. 5. Determining the number of vice-chairs of the College, procedures for the election of the Chair and vice-chairs 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. Providing that a meeting of the Council or a meeting of a committee or panel of a committee that…

Part XVI transition

99 In this Part, “commencement date” means the day on which the Enhancing Professional Care for Animals Act, 2024 receives Royal Assent; (“date d’entrée en vigueur”) “Council transition period” means the period that begins on the transition date and ends on the first Council date; (“période de transition du conseil”) “first Council date” means the date on which the first Council, after the Transition Council, is established under this Act; (“date de création du premier conseil”) “Transition Council” means the Transition Council established under section 100; (“conseil transitoire”) “transition date” means the day on which section 120 comes into force. (“date de transition”)

100 (1) Within two months after the commencement date, the College shall establish a Transition Council composed of, (a) the persons who were members of the Council under the Veterinarians Act immediately before the commencement date; and (b) no more than 3 persons who are permitted to use the title “Registered Veterinary Technician” under the Ontario Association of Veterinary Technicians Act, 1993 and who are appointed by the Ontario Association of Veterinary Technicians. Appointment by Lieutenant Governor in Council (2) If the Ontario Association of Veterinary Technicians fails to appoint any members under clause (1) (b) within two months after the commencement date, the Lieutenant Governor in Council may appoint such members. Changes to membership (3) If the membership of the Council under the Veterinarians Act changes before the transition date, the membership of the Transition Counc…

101 The Registrar who held a valid appointment under the Veterinarians Act on the transition date shall, on and after that day, continue as the Registrar under this Act until such time as a new Registrar is appointed under subsection 5 (2) of this Act.

102 (1) A person who was a member of the College of Veterinarians of Ontario immediately before the transition date is deemed, on the transition date, to be a veterinarian member of the College and to hold the class of licence determined under the regulations, subject to such terms, conditions or limitations as are set out in the regulations. Suspension continued (2) If a person’s membership in the College of Veterinarians of Ontario was suspended under the Veterinarians Act immediately before the transition date, the person’s membership shall continue to be suspended under this Act on and after the transition date in accordance with the same terms, conditions and limitations of the original suspension. Any conditions or limitations on a licence (3) Any terms, conditions, limitations or restrictions imposed on a licence under the Veterinarians Act, or under an agreement or undertaking ma…

103 (1) A certificate of accreditation that was in force under the Veterinarians Act immediately before the transition date is deemed, on the transition date, to be a certificate of accreditation issued under this Act. Suspension continued (2) If a certificate of accreditation was suspended under the Veterinarians Act immediately before the transition date, the certificate of accreditation is deemed to be suspended under this Act as of the transition date in accordance with the same terms, conditions and limitations of the original suspension. Order imposing terms, conditions, etc. (3) Any terms, conditions, limitations or restrictions imposed on a certificate of accreditation under the Veterinarians Act, or under an agreement or undertaking made pursuant to the Veterinarians Act, that are in effect immediately before the transition date are deemed as of the transition date to be a term,…

104 A certificate of authorization that is in effect immediately before the transition date is deemed, as of the transition date, to be a certificate of authorization issued under the Act authorizing the holder to do the same things that were authorized by the original certificate.

105 Any member or person who, immediately before the transition date, was subject to any of the following shall continue to be subject to that requirement as if it was issued under this Act on and after the transition date: 1. An order issued under the Veterinarians Act by a committee, the Board or the Court, including an order to pay fines, costs or expenses of the College of Veterinarians of Ontario or other authorities. 2. A direction of a committee, the Board or a court. 3. Any other order, direction or other instruments prescribed by the Minister.

106 A member who, before the transition date, learns that another member’s fitness to practise may be impaired shall report the impairment in accordance with section 37 within 30 days after the transition date.

107 (1) The Minister may make regulations, (a) providing for transitional matters as the Minister considers necessary or advisable to, (i) facilitate the implementation of this Act, and (ii) address any transitional matters arising as a result of the repeal of the Veterinarians Act; (b) establishing a transition period before the repeal of the Veterinarians Act during which its application may be phased out; (c) providing that a provision or requirement of the Veterinarians Act ceases to apply, applies in a modified way or only applies, either as written or in a modified way, to specified geographic areas or specified persons or for a specified period during the transition period; (d) governing the continuation or conclusion of reviews, hearings, investigations or inquiries commenced under the Veterinarians Act before the transition date; (e) prescribing orders, directions and other inst…

Part XVII (Omitted)

108 Omitted (provides for amendments to this Act).

109-120 Omitted (amends, repeals or revokes other legislation).

Part XVIII (Omitted)

121 Omitted (provides for coming into force of provisions of this Act).

122 Omitted (enacts short title of this Act).

Schedule 1 Authorized Activities

1 The following are authorized activities for the purposes of the Act: 1. Communicating to an individual a diagnosis identifying a disease, disorder, dysfunction or condition as the cause of an animal’s signs and presentation in circumstances in which it is reasonably foreseeable that the individual will rely on the diagnosis. 2. Performing a medical assessment to determine the fitness for purpose or soundness of an animal, or group of animals, on which it is reasonably foreseeable that a person or organization will rely on the assessment. 3. Ordering laboratory tests on an animal or on specimens taken from an animal. 4. Prescribing a drug. 5. Compounding, dispensing or selling a drug. 6. Performing a procedure on tissue below the dermis. 7. Performing a procedure below the surface of a mucous membrane. 8. Performing a procedure on or below the surfaces of the teeth, including the scalin…

2 The following are exceptions for the purposes of sections 10 and 11 of the Act: 1. Rendering first aid or temporary assistance in an emergency without fee. 2. 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. 3. The administration of a treatment plan by a custodian of an animal if the treatment plan is made by a veterinarian member and carried out at the direction of the owner. 4. Taking blood samples. 5. Preventing or treating fish and invertebrate diseases or pests in fish or invertebrates. 6. Such other exceptions as may be prescribed.

3 The following are exceptions for the purposes of section 10 of the Act: 1. Collecting or using semen as part of a business that engages in the artificial insemination of livestock. 2. Implantation of embryos as part of a business that engages in the artificial insemination of livestock. 3. Confirmation of pregnancy in domesticated farm animals of the genus ovis or capra through ultrasound conducted on the surface of the skin. 4. Confirmation of pregnancy in livestock through blood or milk analysis as part of a business. 5. Administration of heat synchronisation injections to livestock as part of a business that engages in the artificial insemination of livestock. 6. Collecting or transporting ova and embryos of animals other than mammals. 7. Non-surgical insemination. 8. Artificial insemination of invertebrates. 9. Such other exceptions as may be prescribed. ______________