42. (1) In this Part, “related person” means a person connected with a member by blood relationship, marriage or adoption, and, (a)  persons are connected by blood relationship if one is the child or other descendent of the other or one is the brother or sister of the other, (b)  persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other, and (c)  persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is so connected by blood relationship, except as a brother or sister, to the other.  R.R.O. 1990, Reg. 1093, s. 42 (1). (2) A member has a conflict of interest where the member, or a related person, or an employee or employer of the member, directly or indirectly, (a)  enters into any agreement, including a lease of premises, under which any amount payable by or to a member or a related person is related to the amount of fees charged by the member or the net revenue from the member’s practice of veterinary medicine or any other measure of financial performance respecting the member’s practice of veterinary medicine; or (b)  receives, makes or confers a fee, credit or other benefit by reason of the referral or transfer of an animal or a specimen from or to any other person.  R.R.O. 1990, Reg. 1093, s. 42 (2); O. Reg. 233/15, s. 28 (1). (3) Clause (2) (a) does not prevent a member, (a)  from entering into a partnership, association or employment agreement with another member under which the drawings, interest or remuneration of the partners, associates or employees, as the case may be, is related to the amount of fees charged by them, the net revenue from their practice of veterinary medicine or any other measure of financial performance respecting their practice of veterinary medicine; or (b)  from entering into an agreement with another member to form a professional corporation, under which the drawings, interest or remuneration of the members is related to the amount of fees charged by them, the net revenue from their practice of veterinary medicine or any other measure of financial performance respecting their practice of veterinary medicine.  O. Reg. 24/02, s. 3; O. Reg. 161/04, s. 20 (1); O. Reg. 233/15, s. 28 (2, 3). (4) Clause (2) (b) does not prevent a member from referring or transferring an animal or a specimen to another veterinarian who is a partner, associate, employer or employee of the member if, (a)  the animal is seen or the specimen is examined in the same facility by both veterinarians; or (b)  the member provides a written explanation to the client of the member’s relationship to the other veterinarian, if the animal is seen or the specimen is examined in a different facility.  O. Reg. 161/04, s. 20 (2). (5) Clause (2) (b) does not prevent a member from referring or transferring an animal or a specimen to a corporation or other business entity from which the member receives a benefit, by reason only that the member or a related person has an interest in the corporation or other business entity, if, (a)  the member provides a written explanation to the client of the member’s or related person’s interest in the corporation or other business entity; (b)  the member provides written notice to the client that, if the client chooses another service provider, the client’s choice will not affect the client’s ability to obtain services from the member unless the choice would result in the care provided to the animal being unco-ordinated; (c)  in the case of laboratory testing or radiological or other technical procedures, the member provides a written explanation to the client that the member is professionally responsible for the quality of the testing or technical procedures performed for the animal; and (d)  the member provides the College, upon request, documents demonstrating that the member has complied with clauses (a), (b) and (c).  O. Reg. 161/04, s. 20 (2).