Veterinarians Act

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 …

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.

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 o…

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 t…

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 a…

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). Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 46 - 01/11/2001 2001, c. 8, s. 247 - 01/11/2001 2006, c. 19, Sched. A, s. 17 (5) - 22/06/2006

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). Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 46 - 01/11/2001 2001, c. 8, s. 248 - 01/11/2001 2006, c. 19, Sched. A, s. 17 (6) - 22/06/2006

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). Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 46 - 01/11/2001 2001, c. 8, s. 249 - 01/11/2001 2006, c. 19, Sched. A, s. 17 (7) - 22/06/2006

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. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 46 - 01/11/2001

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…

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. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 251 - 01/11/2001

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. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 46 - 01/11/2001

6 (1) 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. 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). Secti…

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 …

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.

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, hol…

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). Section Ame…

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.…

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, ame…

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.

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 deter…

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.

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.

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…

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 Commi…

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…

18.2 If 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). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (9) - 01/02/1999

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 identi…

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 res…

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.

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.

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 …

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 Com…

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,…

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 Bo…

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 rev…

25.2 If 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). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (13) - 01/02/1999

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). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (1) - 01/02/1999

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). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (14) - 01/02/1999

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). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (1, 15, 16) - 01/02/1999

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 Counc…

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). R.S.O. 1990, c. V.3, s. 29 (1). 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 m…

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 …

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…

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

33 (1) In this section, “board of inquiry” means a board of inquiry appointed by the Executive Committee under subsection (2). R.S.O. 1990, c. V.3, s. 33 (1). 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. R.S.O. 1990, c. V.3, s. 33 (2). 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, b…

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.

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 a…

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 o…

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. R.S.O. 1990, c. V.3, s. 37 (1). 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 su…

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 test…

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). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 17 (23) - 22/06/2006

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 …

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 on…

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.

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). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 17 (24) - 22/06/2006

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.

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 th…

46 Repealed: 2002, c. 24, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 25 - 01/01/2004

Not-for-Profit Corporations Act, 2010

47 (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). 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). 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). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 17 (25) - 22/06/2006 2010, c. 15, s. 247 (2) - 19/10/2021

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. ______________