Enhancing Professional Care for Animals Act, 2024, S.O. 2024, c. 15 - Bill 171

• Jurisdiction: Ontario
• Bill Number: 171
• Date: 06 June 2024

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 171 and does not form part of the law. Bill 171 has been enacted as Chapter 15 of the Statutes of Ontario, 2024.

SCHEDULE 1
VETERINARY PROFESSIONALS ACT, 2024

The Veterinarians Act is repealed and replaced with the Veterinary Professionals Act, 2024. The following are highlights from the Veterinary Professionals Act, 2024.

Part I provides for how terms used in the Act are to be interpreted.

Part II deals with the governance of the College of Veterinary Professionals of Ontario. In this Part the objects of the College are established. Rules respecting the Council and committees of the College are also set out.

Part III sets out the rules respecting authorized activities and provides limits on who can carry out authorized activities and the circumstances in which they can be carried out. This Part also deals with reasonably foreseeable serious bodily harm to animals or persons resulting from treatment, advice and omission from treatment or advice. Finally, this Part sets out the persons who may use certain restricted titles and the circumstances in which such titles can be used.

Part IV deals with licensing of members of the College, including rules respecting applications for, terminations of and hearings respecting licences. The Part also deals with accreditation of veterinary facilities and the process and rules respecting certificates of accreditation.

Part V deals with the College’s Executive Committee.

Part VI provides for a quality assurance program to be established by the regulations which will aim, amongst other objects, to assure the quality of the practice of members of the College.

Part VII sets out requirements for certain persons to report certain things the Registrar of the College. The Part also sets out the process for making, investigating and addressing complaints against members and former members of the College.

Part VIII deals with investigations and resolutions. The powers and duties of the College’s Investigations and Resolutions Committee in considering and investigating the conduct of members and former members of the College are set out.

Part IX provides for addressing professional misconduct, incompetence and impairment to fitness to practise. The powers and duties of the College’s Discipline and Fitness to Practise Committee are set out with respect to such matters.

Part X deals with appealing decisions or orders of certain committees of the College or of the Board to the Divisional Court.

Part XI provides the process and rules for persons to apply for a certificate of authorization to establish a professional corporation for the purpose of practising veterinary medicine. Rules respecting such professional corporations are also set out.

Part XII deals with contravention or failure to comply with the Act or the regulations. Two categories of offences are established.

Part XIII sets out the powers of the Minister and Lieutenant Governor in Council with respect to the College.

Part XIV deals with assorted administrative and miscellaneous matters.

Part XV deals with regulations made by the Council of the College, subject to the approval of the Lieutenant Governor in Council, by the Minister and by the Lieutenant Governor in Council. This Part also deals with the Council of the College’s by-laws and standards for veterinary facilities and the practice of veterinary medicine.

Part XVI deals with transitional matters.

Part XVII sets out amendments to the Veterinary Professionals Act, 2024 and consequential amendments to other Acts.

SCHEDULE 2
ONTARIO ASSOCIATION OF VETERINARY TECHNICIANS ACT, 1993

Currently, the Ontario Association of Veterinary Technicians Act, 1993, gives the Association the power to grant its members the right to the exclusive use of certain professional designations. The Schedule amends the Act to remove that power as the new Veterinary Professionals Act, 2024, enacted elsewhere in the Bill, grants members the exclusive right to use the titles. Various other amendments are made to the Act respecting the objects of the Association, the composition of the board, the Association’s by-law making powers and other similar and related matters.

chapter 15

An Act to enact the Veterinary Professionals Act, 2024 and amend or repeal various acts

Assented to June 6, 2024

CONTENTS

Preamble

The Government of Ontario:

Recognizes the importance of access to professional care for animals in Ontario.

Is supporting the health and well-being of animals in Ontario, and creating conditions to increase access to care for animals, including companion animals and those in the agricultural industry.

Believes that any legislation governing veterinary professionals should embrace modern approaches to professional self-regulation and governance as well as allowing for modern practices and new technologies.

Is improving oversight of the veterinary profession in the public interest and increasing transparency to benefit veterinary professionals and their clients.

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Enhancing Professional Care for Animals Act, 2024.

SCHEDULE 1
VETERINARY PROFESSIONALS ACT, 2024

CONTENTS

Part I
Interpretation

Definitions

1 (1) In this Act,

“accreditation standards” means accreditation standards established by the Council pursuant to section 97; (“normes d’agrément”)

“authorized activity” means an authorized activity described in section 1 of Schedule 1; (“activité autorisée”)

“Board” means the Health Professions Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”)

“by-laws” means the by-laws of the College made by the Council pursuant to section 98; (“règlements administratifs”)

“certificate of accreditation” means a certificate of accreditation issued under this Act to establish or operate a veterinary facility; (“certificat d’agrément”)

“certificate of authorization” means a certificate of authorization issued under this Act authorizing the professional corporation named in it to engage in the practice of veterinary medicine; (“certificat d’autorisation”)

“College” means the College of Veterinary Professionals of Ontario; (“Ordre”)

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

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

“fitness to practise” means fitness to engage in the practice of veterinary medicine; (“aptitude professionnelle”)

“licence” means a licence issued under this Act; (“permis”)

“member” means a veterinarian member or a veterinary technician member; (“membre”)

“Minister” means the Minister of Agriculture, Food and Rural Affairs; or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“practice of veterinary medicine” means the assessment of the physiological or behavioural status of an animal or group of animals, other than humans, and the diagnosis, treatment, prevention, or control of any condition, disease, disorder or dysfunction; (“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”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

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

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

“veterinary facility” means a building, a vehicle or land, or any combination of them, used or intended to be used as a place in or from which a member carries out authorized activities in the practice of veterinary medicine; (“établissement vétérinaire”)

“veterinarian member” means a member who holds a veterinarian licence issued by the Registrar; (“membre vétérinaire”)

“veterinary technician member” means a member who holds a veterinary technician licence issued by the Registrar; (“membre technicien vétérinaire”)

Interpretation, fitness to practise

(2) A person’s fitness to practice is impaired if the person is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the person’s licence be subject to terms, conditions or limitations, or that the person no longer be permitted to practise veterinary medicine.

Interpretation, owner

(3) A person is not the owner of an animal if the person buys the animal, treats it and resells it or intends to resell it to either the person who sold the animal or to that person’s nominee.

Part II
Governance

College

College of Veterinary Professionals of Ontario

2 (1) The College of Veterinarians of Ontario is continued under the name College of Veterinary Professionals of Ontario in English and Ordre des professionnels vétérinaires de l’Ontario in French.

Body corporate

(2) The College is a body corporate without share capital.

Capacity and powers

(3) Except as limited by this Act, the College has the capacity and the powers of a...