jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “Board” means the Health Professions Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”) “by-laws” means the by-laws made under this Act; (“règlements administratifs”) “certificate of accreditation” means a certificate of accreditation issued under this Act to establish or operate a veterinary facility; (“certificat d’agrément”) “certificate of authorization” means a certificate of authorization issued under this Act authorizing the professional corporation named in it to engage in the practice of veterinary medicine; (“certificat d’autorisation”) “College” means the College of Veterinarians of Ontario; (“Ordre”) “Council” means the Council of the College; (“conseil”) “drug” means drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act; (“médicament”) “impaired”, in relation to a person, means suffering from a physical or mental condition or disorder of a nature and extent that adversely affects the person’s ability to practice veterinary medicine; (“affaibli”) “licence” means a licence to engage in the practice of veterinary medicine issued under this Act; (“permis”) “Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”) “practice of veterinary medicine” includes the practice of dentistry, obstetrics including ova and embryo transfer, and surgery, in relation to an animal other than a human being; (“exercice de la médecine vétérinaire”) “professional corporation” means a corporation incorporated under the Business Corporations Act
that holds a valid certificate of authorization issued under this Act;  (“société professionnelle”) “Registrar” means the Registrar of the College; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “veterinary facility” means a building, land or vehicle or any combination of them used or intended to be used as a place in or from which to engage in the practice of veterinary medicine. (“établissement vétérinaire”)  R.S.O. 1990, c. V.3, s. 1 (1); 1998, c. 18, Sched. G, s. 73 (2, 3); 2000, c. 42, Sched., s. 45; 2009, c. 33, Sched. 1, s. 26 (1); 2009, c. 33, Sched. 18, s. 17 (2). Hearings and submissions (2) Despite the Statutory Powers Procedure Act, no board, committee, person or group of persons shall be required to hold a hearing or to afford to any person an opportunity to appear or to make submissions before making a decision or proposal, giving a direction or otherwise disposing of a matter under this Act except to the extent that a hearing or an opportunity to appear or to make submissions is specifically required by this Act.  R.S.O. 1990, c. V.3, s. 1 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (2, 3) - 01/02/1999 2000, c. 42, Sched., s. 45 - 01/11/2001 2009, c. 33, Sched. 1, s. 26 (1) - 15/12/2009; 2009, c. 33, Sched. 18, s. 17 (2) - 15/12/2009
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 of carrying out its objects, the College has the capacity and the powers of a natural person.  R.S.O. 1990, c. V.3, s. 3.
4 (1) The council of the Ontario Veterinary Association is continued as the Council of the College and shall be the governing body and board of directors of the College and shall manage and administer its affairs.  R.S.O. 1990, c. V.3, s. 4 (1). Composition (2) The Council shall be composed of, (a)  not fewer than nine and not more than fifteen persons who are members of the College and are elected by the members of the College in the number and manner provided by by-law of the Council; and (b)  not fewer than three and not more than five persons who are not members of the governing body of a self-regulating licensing body under any other Act or licensed under this Act and who are appointed by the Lieutenant Governor in Council.  R.S.O. 1990, c. V.3, s. 4 (2). Remuneration of lay members (3) The persons appointed under clause (2) (b) shall be paid, out of the money appropriated therefor by the Legislature, such expenses and remuneration as are determined by the Lieutenant Governor in Council.  R.S.O. 1990, c. V.3, s. 4 (3). Term of office (4) The term of an appointment under clause (2) (b) must not exceed three years.  R.S.O. 1990, c. V.3, s. 4 (4). Reappointment (5) A person whose appointment under clause (2) (b) expires is eligible for reappointment but no person shall be appointed and reappointed for more than six consecutive years.  R.S.O. 1990, c. V.3, s. 4 (5). Qualifications (6) Every member of the College who, (a)  practises or resides in Ontario; (b)  is the holder of a licence that is not limited to the practice of veterinary medicine for educational purposes only; (c)  is not in default of an annual fee set by the by-laws; and (d)  is not in default of filing a return required under the by-laws, is qualified to vote at an election of members of the Council for the constituency to which the member of the College belongs.  R.S.O. 1990, c. V.3, s. 4 (6); 2006, c. 19, Sched. A, s. 17 (1). Officers (7) The Council shall elect annually a president and one or more vice-presidents of the College from among the elected members of the Council.  R.S.O. 1990, c. V.3, s. 4 (7). Registrar and staff (8) The Council shall appoint a Registrar, and the Executive Committee may appoint such other persons as are from time to time necessary or desirable in the opinion of the Executive Committee to perform the work of the College.  R.S.O. 1990, c. V.3, s. 4 (8). Quorum (9) A majority of the members of the Council constitutes a quorum.  R.S.O. 1990, c. V.3, s. 4 (9). Vacancies (10) Where one or more vacancies occur in the membership of the Council, the members remaining in office constitute the Council so long as their number is not fewer than a quorum.  R.S.O. 1990, c. V.3, s. 4 (10). (11) Repealed:  2006, c. 19, Sched. A, s. 17 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 17 (1, 2) - 22/06/2006
5 (1) Every person who holds a licence is a member of the College subject to any conditions and limitations to which the licence is subject.  R.S.O. 1990, c. V.3, s. 5 (1). Resignation of membership (2) A member may resign his or her membership by filing with the Registrar a resignation in writing and the member’s licence is thereupon cancelled.  R.S.O. 1990, c. V.3, s. 5 (2). Cancellation for default of fees (3) The Registrar may cancel a licence for non-payment of any fee set by the by-laws or for failure to file a return required under the by-laws after giving the member at least two months notice of the default and intention to cancel.  2006, c. 19, Sched. A, s. 17 (3). Continuing jurisdiction (4) A person whose licence is cancelled, revoked, suspended or terminated remains subject to the continuing jurisdiction of the College in respect of, (a)  an investigation or disciplinary action arising out of his or her conduct while a member; and (b)  an inquiry or proceeding related to whether the person is impaired.  R.S.O. 1990, c. V.3, s. 5 (4); 2006, c. 19, Sched. A, s. 17 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 17 (3, 4) - 22/06/2006
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 the subject of a review, hearing, investigation or inquiry under this Act, the corporation is jointly and severally liable with the member for all fines, costs and expenses that the member is ordered to pay.  2001, c. 8, s. 250 (2). Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 46 - 01/11/2001 2001, c. 8, s. 250 (1, 2) - 01/11/2001
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). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 247 (1) - 19/10/2021
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.
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 Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (4) - 01/02/1999
11 (1) No person shall engage in the practice of veterinary medicine or hold himself, herself or itself out as engaging in the practice of veterinary medicine unless the person is the holder of a licence.  R.S.O. 1990, c. V.3, s. 11 (1). Exceptions (2) Subsection (1) does not apply to prevent a person, (a)  from rendering first aid or temporary assistance in an emergency without fee; (b)  from treating an animal if the person is the owner of the animal, is a member of the household of the owner of the animal or is employed for general agricultural or domestic work by the owner of the animal; (c)  from taking blood samples; (d)  from preventing or treating fish and invertebrate diseases; (e)  from collecting or using semen for the purposes of a business that engages in the artificial insemination of livestock; (f)  from collecting or transporting ova and embryos of animals other than mammals.  R.S.O. 1990, c. V.3, s. 11 (2); 2006, c. 19, Sched. A, s. 17 (13). Idem, student (3) Subsection (1) does not apply to a student of veterinary medicine to the extent that the student is engaging in the undergraduate curriculum of studies at the Ontario Veterinary College of the University of Guelph.  R.S.O. 1990, c. V.3, s. 11 (3). Interpretation of owner (4) For the purpose of clause (2) (b), a person is not the owner of an animal if the person buys the animal, treats it and resells it or intended to resell it to either the person who sold it to him or her or to that person’s nominee.  R.S.O. 1990, c. V.3, s. 11 (4). Proof of practice (5) For the purposes of this section, proof of the performance of one act in the practice of veterinary medicine on one occasion is sufficient to establish engaging in the practice of veterinary medicine.  R.S.O. 1990, c. V.3, s. 11 (5). Application of Drug and Pharmacies Regulation Act (6) The Drug and Pharmacies Regulation Act does not apply to prevent a person who holds a licence from compounding, dispensing or selling drugs in the course of engaging in the practice of veterinary medicine.  R.S.O. 1990, c. V.3, s. 11 (6); 1998, c. 18, Sched. G, s. 73 (5). Sale of drugs (7) Regulations made under the Animal Health Act, 2009 do not apply to prevent a person who holds a licence from selling a drug in the course of engaging in the practice of veterinary medicine to an owner of livestock for the treatment of livestock.  2009, c. 31, s. 71. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (5) - 01/02/1999 2006, c. 19, Sched. A, s. 17 (13) - 22/06/2006 2009, c. 31, s. 71 - 01/01/2021
12 (1) The Executive Committee shall be composed of five members of the Council, including, (a)  the president and one or two vice-presidents of the College; and (b)  not more than three other members of the Council of whom one shall be a member of the Council appointed to the Council by the Lieutenant Governor in Council. Quorum (2) Three members of the Executive Committee constitute a quorum. Functions (3) The Executive Committee shall perform such functions of the Council as are delegated to it by the Council, the by-laws or this Act. Other functions (4) Subject to ratification by the Council at its next meeting, the Executive Committee, between meetings of the Council, may perform any other function of the Council that, in the opinion of the Executive Committee, must be performed immediately. Limitation (5) Subsection (4) does not apply to authorize the Executive Committee to make, amend or revoke a regulation, a by-law or a standard described under subsection 8 (1).  R.S.O. 1990, c. V.3, s. 12.
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 determination as to any of the matters mentioned in clauses (2) (a), (b) and (c). Power of Registration Committee (4) The Registration Committee shall determine the eligibility of applicants for licences referred to the Registration Committee under subsection (3) and may in any such case require an applicant to obtain such additional experience, education or training as the Registration Committee specifies. Exemption (5) The Registration Committee may exempt an applicant from compliance with any qualification or requirement for a licence. Directions to Registrar (6) The Registration Committee, after considering an application for a licence, may direct the Registrar, (a)  to issue the licence; (b)  to refuse to issue the licence; or (c)  to issue the licence subject to the conditions and limitations the Registration Committee specifies.  R.S.O. 1990, c. V.3, s. 14.
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 as to whether or not the applicant or the facility or both meet the qualifications, requirements and standards prescribed by the regulations and by the Council for the proposed veterinary facility. Exemption (4) The Accreditation Committee may exempt an applicant or veterinary facility from compliance with any qualification, requirement or standard for a certificate of accreditation. Directions to Registrar (5) The Accreditation Committee shall determine the eligibility of applicants and facilities for certificates of accreditation that are referred to the Accreditation Committee under subsection (3) and, after considering an application for the issuance or renewal of a certificate of accreditation, may direct the Registrar, (a)  to issue or to renew the certificate of accreditation; (b)  to refuse to issue or to renew the certificate of accreditation; or (c)  to issue or to renew the certificate of accreditation subject to the conditions and limitations the Accreditation Committee specifies.  R.S.O. 1990, c. V.3, s. 17.
18.1 (1) A hearing by the Board under section 18 shall, subject to subsection (2), be open to the public. Exclusion of public (2) The Board may make an order that the public be excluded from a hearing or any part of it if the Board is satisfied that, (a)  matters involving public security may be disclosed; (b)  financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public; (c)  a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or (d)  the safety of a person may be jeopardized. Orders preventing public disclosure (3) In situations in which the Board may make an order that the public be excluded from a hearing, it may make orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders prohibiting the publication or broadcasting of those matters. Public information may be disclosed (4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public. Exclusion of public (5) The Board may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2). Orders with respect to matters in submissions (6) The Board may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters. Reasons for order, etc. (7) The Board shall ensure that any order it makes under this section and its reasons are available to the public in writing. Reconsidering of order (8) The Board may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion.  1998, c. 18, Sched. G, s. 73 (9). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (9) - 01/02/1999
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
19 (1) The Registrar shall maintain one or more registers in which is entered, (a)  the name of every person to whom a licence is issued; (b)  any designation of a member of the College as a specialist and any withdrawal of recognition of the member’s specialist status; (c)  any conditions or limitations imposed on a licence by a committee; (d)  any revocation, suspension, cancellation or termination of a licence; (e)  the fact and amount of a fine imposed by the Discipline Committee and the fact of a reprimand by the Discipline Committee, unless the Discipline Committee directs that no entry be made; (f)  where an entry results from a decision of a committee, the name of the committee that made the decision and any finding of the committee resulting in the entry; (f.1)  information that a member of the College consents to be entered in a register; (g)  the date of the decision or order that results in an entry under this subsection; and (h)  any other information authorized to be entered by the regulations.  R.S.O. 1990, c. V.3, s. 19 (1); 2006, c. 19, Sched. A, s. 17 (14). Directories (2) The Registrar shall maintain one or more directories in which is entered the name of every person who is the holder of a certificate of accreditation identifying the location and class of the veterinary facility for which the certificate of accreditation is issued, the conditions and limitations attached to the certificate of accreditation, the date of expiry of the certificate of accreditation, every revocation or suspension of a certificate of accreditation and any other information authorized to be entered by the regulations.  R.S.O. 1990, c. V.3, s. 19 (2). Inspection (3) Any person has the right, during normal business hours, to inspect the registers and directories maintained by the Registrar.  R.S.O. 1990, c. V.3, s. 19 (3). Form of registers and directories (4) The Registrar may maintain the registers and directories mentioned in subsections (1) and (2) in the form of books or may maintain them in any electronic or other medium that provides a visual display of recorded information.  R.S.O. 1990, c. V.3, s. 19 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 17 (14) - 22/06/2006
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 for which the certificate of accreditation was issued or renewed. Hearing (2) The Accreditation Committee shall appoint a time for, give notice of and hold a hearing to determine the allegation in respect of the certificate of accreditation or the holder thereof. Powers of Accreditation Committee (3) Where the Accreditation Committee finds that an allegation mentioned in clause (1) (a), (b) or (c) is valid, the Accreditation Committee may, by order, (a)  revoke the certificate of accreditation; (b)  suspend the certificate of accreditation for a stated period not exceeding two years; (c)  suspend the certificate of accreditation pending the demonstration, in such manner as the Committee specifies, of compliance with such standards as are specified by the Committee; (d)  change the class of veterinary facility authorized by the certificate of accreditation; or (e)  impose such conditions and limitations or such further conditions and limitations on the certificate of accreditation as are specified by the Committee, or any combination thereof. Procedures (4) Subsections 28 (5) to (15) and section 29, which relate to proceedings before the Discipline Committee, apply with necessary modifications to proceedings before the Accreditation Committee under subsection (2). Parties (5) The College and the holder of the certificate of accreditation in respect of which the hearing is held are parties to the hearing before the Accreditation Committee under subsection (2). Other proceedings (6) The jurisdiction of the Discipline Committee is not affected by the commencement of proceedings or the making of an order under this section.  R.S.O. 1990, c. V.3, s. 22.
23 (1) The Complaints Committee shall be composed of not fewer than three and not more than ten persons of whom, (a)  at least one is a member of the Council appointed to the Council by the Lieutenant Governor in Council; and (b)  the others are members of the College, of whom at least one, but not the majority, is a member of the Council.  R.S.O. 1990, c. V.3, s. 23 (1). Eligibility (2) A member of the Complaints Committee who takes part in the consideration or investigation of a complaint regarding the conduct of a member or former member of the College is not eligible to take part as a member of the Discipline Committee in proceedings before the Discipline Committee in respect of the same conduct of the member or former member of the College.  R.S.O. 1990, c. V.3, s. 23 (2). Panels (2.1) The chair of the Complaints Committee may appoint panels composed of at least three members of the Complaints Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed to the Council, to consider and investigate a complaint.  2006, c. 19, Sched. A, s. 17 (15). Simultaneous panels (2.2) The Complaints Committee may sit in two or more panels simultaneously so long as a quorum of the Committee is present in each panel.  2006, c. 19, Sched. A, s. 17 (15). Quorum (3) Three members of a panel, one of whom is a person appointed to the Council by the Lieutenant Governor in Council, constitute a quorum.  2006, c. 19, Sched. A, s. 17 (16). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 17 (15, 16) - 22/06/2006
25.1 (1) A review by the Board under section 25 shall, subject to subsection (2), be open to the public. Exclusion of public (2) The Board may make an order that the public be excluded from a review or any part of it if the Board is satisfied that, (a)  matters involving public security may be disclosed; (b)  financial or personal or other matters may be disclosed at the review of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that reviews be open to the public; (c)  a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or (d)  the safety of a person may be jeopardized. Orders preventing public disclosure (3) In situations in which the Board may make an order that the public be excluded from a review, it may make orders it considers necessary to prevent the public disclosure of matters disclosed at the review, including orders prohibiting the publication or broadcasting of those matters. Public information may be disclosed (4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register. Exclusion of public (5) The Board may make an order that the public be excluded from the part of a review dealing with a motion for an order under subsection (2). Orders with respect to matters in submissions (6) The Board may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters. Reasons for order, etc. (7) The Board shall ensure that any order it makes under this section and its reasons are available to the public in writing. Reconsidering of order (8) The Board may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion.  1998, c. 18, Sched. G, s. 73 (13). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (13) - 01/02/1999
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
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 making an audio recording at a hearing that is used only as a substitute for handwritten notes for the purposes of the hearing; (c)  a person taking a photograph, motion picture, audio or video recording or other record with the authorization of the Discipline Committee for any purpose of the hearing; or (d)  a person taking a photograph, motion picture, audio or video recording or other record with the authorization of the Discipline Committee and the consent of the parties and of the witnesses to be recorded, for such educational or instructional purposes as the Committee approves. R.S.O. 1990, c. V.3, s. 29 (2). Identification prohibited (3) No person shall publish by any means the name of a member or former member of the College who is a party to a hearing by the Discipline Committee or any information which could reasonably serve to identify the member or former member, (a)  unless the member or former member consents to such publication; or (b)  until the Discipline Committee completes the hearing and makes a decision that is required by subsection 19 (1) to be entered in a register. R.S.O. 1990, c. V.3, s. 29 (3). Exception (4) Despite subsection (3), the Registrar may notify any person who, in the Registrar’s opinion, is interested in a Discipline Committee hearing into the conduct of a member or former member of the College of the time and place of the hearing and, in so doing, may identify the member or former member. R.S.O. 1990, c. V.3, s. 29 (4). Application of section (5) This section applies instead of section 29 of the Statutory Powers Procedure Act. 2021, c. 25, Sched. 27, s. 5 (1). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 27, s. 5 (1) - 03/06/2021
31 (1) Where the Discipline Committee finds a member or former member of the College guilty of professional misconduct or serious neglect, (a)  the Registrar shall publish the finding, with or without the reasons therefor, in a publication of the College; and (b)  the Registrar shall serve a copy of the decision upon the person, if any, complaining in respect of the conduct or actions of the member or former member. When name is published (2) If the finding of the Discipline Committee is required by subsection 19 (1) to be recorded in a register, the Registrar shall include the name of the member or former member in the publication required under clause (1) (a). When name is not published (3) If the Discipline Committee directs that no entry be made in a register, the Registrar shall not include the name of the member or former member in the publication required under clause (1) (a).  R.S.O. 1990, c. V.3, s. 31. Stay of decision on appeal
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
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 as the court considers proper, and for such purposes the court may substitute its opinion for that of the Board or the committee appealed from or the court may refer the matter back to the Board or the committee appealed from for rehearing, in whole or in part, in accordance with such directions as the court considers proper.  R.S.O. 1990, c. V.3, s. 35 (3); 1998, c. 18, Sched. G, s. 73 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (1) - 01/02/1999
38 (1) Every person engaged in the administration of this Act, including any person making an investigation under section 36, shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties, employment, examination, review or investigation and shall not communicate any such matters to any other person except, (a)  as may be permitted by the regulations or required in connection with the administration of this Act and the regulations and by-laws, or any proceeding under this Act or the regulations; (a.1)  to a body that governs a profession either inside or outside Ontario; (b)  to his or her counsel; or (c)  with the consent of the person to whom the information relates.  R.S.O. 1990, c. V.3, s. 38 (1); 2006, c. 19, Sched. A, s. 17 (22). Testimony in civil action (2) No person to whom subsection (1) applies shall be required to give testimony or to produce any document or thing in any action or proceeding with regard to information obtained in the course of his or her duties, employment, examination, review or investigation except in a proceeding under this Act or the regulations.  R.S.O. 1990, c. V.3, s. 38 (2). Board (3) For the purposes of subsections (1) and (2), the Board, each member of the Board and each member of the staff of the Board shall be deemed to be a person engaged in the administration of this Act.  R.S.O. 1990, c. V.3, s. 38 (3); 1998, c. 18, Sched. G, s. 73 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 73 (1) - 01/02/1999 2006, c. 19, Sched. A, s. 17 (22) - 22/06/2006
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 and on conviction is liable to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $20,000. Corporation (4) Where a corporation is convicted of an offence under subsection (1), (2) or (3), the maximum fine that may be imposed is $25,000 on a first conviction and $50,000 on each subsequent conviction and not as provided in subsection (1), (2) or (3). Offence, director, officer, etc., of corporation (5) Where a corporation is convicted of an offence under subsection (1), (2) or (3), (a)  each director of the corporation; and (b)  each officer, employee or agent of the corporation who was in whole or in part responsible for the conduct of that part of the business of the corporation that gave rise to the offence, is guilty of an offence unless he or she proves, on the balance of probabilities, that he or she took all reasonable care to prevent the commission of the offence. Idem, penalty (6) Every person convicted of an offence under subsection (5) is liable on conviction to a fine of not more than $15,000 on a first conviction and not more than $30,000 on each subsequent conviction. Limitation (7) Proceedings shall not be commenced in respect of an offence under subsection (1), (2), (3) or (5) after two years after the date on which the offence was, or is alleged to have been, committed.  R.S.O. 1990, c. V.3, s. 40. Offences re falsification, etc.