Skip to main content
The Veterinary Medical Amendment Act

This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This search displays only the paragraphs with hits.
Match: Search:

You can use wild cards:

'*' allows for 0 or more characters (eg. ceas* will match 'cease', 'ceased', 'ceasing' and 'ceases')

'?' allows for 0 or 1 character (eg. cease? will match 'cease', 'ceases' and 'ceased', but not 'ceasing')

This search is not case sensitive.


S.M. 2015, c. 34

Bill 27, 4th Session, 40th Legislature

The Veterinary Medical Amendment Act

(Assented to November 5, 2015)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. V30 amended

1           The Veterinary Medical Act is amended by this Act.

2           Section 1 is amended

(a) in the definition "certificate of registration", by striking out "a person" and substituting "an individual";

(b) in the definition "member", by striking out "a person" and substituting "an individual";

(c) in the French version, by replacing the definition "Registre" with the following:

« registre » Le registre établi en vertu de l'article 9. ("register")

(d) by repealing the definition "animal health technologist"; and

(e) by adding the following definitions:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"permit" means a document issued to a corporation under subsection 17.4(1) authorizing it to practise veterinary medicine in the province for the period specified in the permit; (« licence »)

"professional service" means a service performed in the practice of veterinary medicine within the meaning of subsection 2(1), including, but not limited to, any of the specific services described in subsection 2(2); (« services professionnels »)

"veterinary corporation" means a corporation holding a valid permit; (« société professionnelle de vétérinaires »)

"veterinary technologist" means an individual who meets the requirements for registration as a veterinary technologist provided for in the by-laws. (« technologue vétérinaire »)

3           Subsection 2(1) is amended by adding "and welfare" after "health".

4(1)        Subsection 3(1) is replaced with the following:

Who may practise veterinary medicine

3(1)        A person must not engage in the practice of veterinary medicine unless the person

(a) is a licensed member or a veterinary corporation; or

(b) is a person or a member of a class of persons specified in the by-laws and engages in the practice of veterinary medicine only in accordance with the by-laws and within the scope of practice authorized by the by-laws.

4(2)        Subclause 3(2)(b)(ii) is repealed.

5           Subsection 4(1) is replaced with the following:

Only licensed member may advertise status as veterinarian

4(1)        A person must not use any sign, display or advertisement implying that the person is a veterinarian unless the person is a licensed member.

Representing entitlement to practise veterinary medicine

4(1.1)      A person must not expressly or impliedly represent or hold out that the person is entitled to engage in the practice of veterinary medicine unless

(a) the person is a licensed member or a veterinary corporation; or

(b) clause 3(1)(b) permits the person to engage in the practice of veterinary medicine or a limited scope of that practice, and the by-laws permit the person to represent or hold out that the person is entitled to engage in it.

Representation by person having limited scope of practice

4(1.2)      When the by-laws limit the scope of practice of a person referred to in clause (1.1)(b), the person must expressly state the scope of practice in any representation or holding out about the person's entitlement to engage in the practice of veterinary medicine.

6(1)        The following is added after subsection 5(1):

Association's primary mandate

5(1.1)      The association's primary mandate is to carry out its objectives and duties, exercise its powers and govern its members in a manner that serves and protects the public interest.

6(2)        Subsection 5(3) is amended

(a) by striking out "persons" and substituting "individuals"; and

(b) in the French version, by striking out "Registre" and substituting "registre".

7           Section 6 is replaced with the following:

Council established

6(1)        A governing body called the council is established for the association.

Composition of council

6(2)        The council is to consist of

(a) at least six licensed members, one of whom is to be the president of the council;

(b) the immediate past president;

(c) at least two members who are registered under section 17; and

(d) two public representatives.

Appointment of president

6(3)        In accordance with the by-laws, the council must appoint one of the council members as the president of the council.

President must be a licensed member

6(4)        Only a licensed member may be appointed as the president of the council.

Election of council members

6(5)        The members of the council, other than the public representatives, are to be elected

(a) by the members of the association in accordance with the by-laws; and

(b) for the terms of office specified in the by-laws.

Eligibility to be a public representative

6(6)        A person is not eligible to serve on the council as a public representative if the person

(a) is not an individual;

(b) is a member or former member of the association or a parent, spouse, common-law partner, brother, sister or child of a member;

(c) is employed by a member; or

(d) is an officer or employee of, or has a pecuniary interest in, a veterinary corporation.

Appointment of council members who are public representatives

6(7)        A member of the council who serves as a public representative is to be appointed by the minister for the term fixed by the minister, which may not be longer than four years.

Term limit for public representative

6(8)        A person may not serve on the council as a public representative for more than eight consecutive years.

Quorum

6(9)        A majority of the members of the council constitute a quorum for the transaction of business.

Vacancies

6(10)       The council may fill a vacancy on the council by appointing a member of the association, who is qualified to be elected to the vacant position, for the unexpired term. This subsection does not apply to a vacancy in a public representative position.

8(1)        Subsection 7(1) is amended

(a) in clause (g), by striking out "members" and substituting "licensed members or by veterinary corporations";

(b) in clause (h),

(i) by striking out "animal health technologists and the duties and responsibilities of animal health technologists" and substituting "veterinary technologists and their duties and responsibilities", and

(ii) by striking out "during their employment by members";

(c) in clause (i) of the French version, by striking out "Registre" and substituting "registre";

(d) by adding the following after clause (i):

(i.1) respecting the record of veterinary corporations;

(e) in clause (j), by adding ", subject to subsection (1.1)," after "governing";

(f) in clause (w), by adding "or a veterinary corporation" after "member"; and

(g) by adding the following after clause (w):

(w.1) respecting the practice of veterinary medicine by licensed members through veterinary corporations, including by-laws

(i) respecting the application for and the issuance, expiry and renewal of permits, including conditions that must be met before a permit may be issued or renewed,

(ii) respecting notice of changes required under section 17.7,

(iii) respecting restrictions or conditions that may be imposed on permits,

(iv) governing procedures for suspension or cancellation of permits or the imposition of restrictions or conditions on permits, and

(v) respecting names by which veterinary corporations or partnerships referred to in section 17.2 may be known or under which they may practise veterinary medicine;

(w.2) governing the relationship of the association with the Manitoba Animal Health Technologists Association Inc., whether known by that corporate name or another corporate name;

(h) by adding the following after clause (y):

(z) respecting any other matter required by this Act.

8(2)        The following is added after subsection 7(1):

Labour mobility

7(1.1)      In making a by-law under clause (1)(j), the association must ensure that the by-law complies with the association's obligations under The Labour Mobility Act.

Requirement for by-law respecting disclosure of pricing

7(1.2)      By by-law, the council must establish and continuously maintain standards that

(a) require every member or veterinary corporation to disclose to each client all fees and charges that the client is likely to incur in exchange for professional services from the member or veterinary corporation, except when the services are reasonably required in urgent or unexpected circumstances;

(b) require the disclosure to be made in a clear and understandable manner and before the professional services are provided; and

(c) prohibit a member or veterinary corporation from charging a client a fee or charge in excess of the disclosed fees and charges, except when the excess fee or charge is for a professional service that the member or veterinary corporation could not have reasonably foreseen when the disclosure of fees and charges was made.

Deadline for members' vote

7(1.3)      Before the expiration of one year after this subsection comes into force, the council must — in accordance with the procedure set out in subsection (2) — present the by-law to the association's members affected by it for a vote on whether to enact it.

By-law must be provided to minister before being finalized

7(1.4)      Before finalizing a by-law for the purpose of this section, or any by-law that amends or replaces it, the council must provide the by-law to the minister for review and comment. The council must consider any comments made by the minister in relation to the final by-law, amending by-law or replacement by-law.

8(3)        Subsection 7(2) is replaced with the following:

Members voting on by-laws

7(2)        A by-law may be enacted, amended or repealed by a majority vote of the association's members in the membership classes that the council identifies, by resolution, as being affected by the by-law, amendment or repeal when the council passes it under subsection (1).

Method of members' voting

7(3)        Members voting for the purpose of subsection (2) must vote by one of the following methods, as determined by the council:

(a) voting by ballot by members present at a general meeting of members, including the annual meeting of the association;

(b) voting by ballot delivered by mail;

(c) voting by another method conducted in accordance with the by-laws.

9           Clauses 8(1)(e) and (f) are replaced with the following:

(e) determine the fees to be paid to the association in connection with registrations, licences and permits, including fees to be paid

(i) for registration as a member of any class or for renewal of a registration,

(ii) for a licence to practise veterinary medicine, and

(iii) for a permit for a veterinary corporation;

(f) suspend or cancel a person's registration, licence or permit for non-payment of a fee or penalty due under this Act or the by-laws, and establish terms for reinstatement.

10(1)       Subsection 9(1) is amended by striking out "person" wherever it occurs and substituting "individual".

10(2)       Subsection 9(2) of the French version is amended by striking out "Registre" and substituting "registre".

11(1)       Subsection 10(2) is amended

(a) by striking out "person" wherever it occurs and substituting "member";

(b) in the French version is amended by striking out "Registre" and substituting "registre"; and

(c) in the English version, by striking out "shall" and substituting "is to".

11(2)       Subsection 10(3) is amended in the section heading by adding "licence" after "renew".

11(3)       The following is added after subsection 10(3):

Cancellation if member fails to renew registration

10(4)       The council may cancel a member's registration if the member fails to renew it in accordance with the by-laws. If the member also holds a licence, the council may cancel it with the registration.

12          Section 11 is amended

(a) by striking out "registration, he or she shall" and substituting "registration as a member, the registrar must"; and

(b) in the English version, by striking out "shall advise the applicant of the applicant's right to" and substituting "must advise the applicant that the applicant may".

13(1)       Subsection 12(1) is amended by striking out "A person" and substituting "An individual".

13(2)       Subsection 12(2) of the English version is amended

(a) in the part before clause (a), by striking out "shall" and substituting "must"; and

(b) by replacing clause (a) with the following:

(a) schedule the appeal within 90 days after receiving it; and

13(3)       Subsection 12(5) of the English version is amended by striking out "shall" and substituting "must".

14          Subsection 13(1) is amended by striking out "A person" and substituting "An individual".

15          Subsection 14(1) is amended

(a) by striking out "person's" wherever it occurs and substituting "member's";

(b) by striking out "give the person" and substituting "give the individual"; and

(c) in the English version, by striking out "shall" wherever it occurs and substituting "must".

16          Subsection 16(1) is amended

(a) in the part before clause (a), by striking out "a person" and substituting "an individual"; and

(b) in clause (b) of the French version, by striking out "se sont inscrites" and substituting "se sont inscrits".

17          The centred heading before section 17 is amended by striking out "ANIMAL HEALTH" and substituting "VETERINARY".

18(1)       Subsection 17(1) is amended

(a) by replacing the section heading with "Registration of veterinary technologists";

(b) by striking out "A person" and substituting "An individual"; and

(c) by striking out "an animal health" and substituting "a veterinary".

18(2)       Subsection 17(2) is amended

(a) in the section heading of the English version, by striking out "animal health" and substituting "veterinary";

(b) by adding "or a veterinary corporation" after "member"; and

(c) by striking out "an animal health" and substituting "a veterinary".

18(3)       The following is added after subsection 17(2):

Titles interchangeable

17(3)       An individual who is registered with the association as an animal health technologist may use the titles "veterinary technologist" and "animal health technologist".

Use of titles — "veterinary technologist" and "animal health technologist"

17(4)       No person except an individual who is registered with the association as an animal health technologist shall use

(a) the title "veterinary technologist" or "animal health technologist"; or

(b) a variation or abbreviation of either of those titles or an equivalent in another language.

Registered animal health technologists deemed to be veterinary technologists

17(5)       An individual registered with the association as an animal health technologist when this subsection comes into force is deemed to be registered as a veterinary technologist, and the individual is subject to this Act and the by-laws in the same manner as though originally registered as a veterinary technologist under this section.

19          The following is added after section 17:

PART 4.1

VETERINARY CORPORATIONS

Definitions

17.1        The following definitions apply in this Part.

"voting share", in relation to a veterinary corporation, means a share of its capital stock that entitles the holder to vote in any election of the corporation's directors. (« action avec droit de vote »)

"voting shareholder", in relation to a veterinary corporation, means a person who owns a voting share of the corporation or is a voting shareholder of another corporation that owns a voting share of the corporation. (« actionnaire avec droit de vote »)

Authority of veterinary corporation to practise

17.2(1)     A veterinary corporation may practise veterinary medicine but only through one or more licensed members.

Permitted practice name

17.2(2)     Subject to subsection (1), a veterinary corporation may practise veterinary medicine

(a) under its own name; or

(b) under a name approved by the registrar in accordance with the by-laws, as a member of a general partnership of

(i) veterinary corporations, or

(ii) veterinary corporations and licensed members.

RECORD OF VETERINARY CORPORATIONS

Record of veterinary corporations

17.3(1)     In accordance with the by-laws, the council must establish and the registrar must maintain a record of veterinary corporations.

Contents of record

17.3(2)     The record of veterinary corporations must contain the following information for each veterinary corporation:

(a) the name and business address of the corporation;

(b) the name of each licensed member who is a shareholder or director of the corporation and the name of the licensed member who is its president;

(c) the name of each licensed member through whom the corporation practises veterinary medicine;

(d) any practice restrictions or other conditions imposed on the corporation's permit;

(e) a notation of each suspension or cancellation of the corporation's permit;

(f) the date the corporation's permit was issued;

(g) any other information that the by-laws require to be kept in the record.

Record information public

17.3(3)     The following information about a veterinary corporation contained in the record must be made available to the public at the association's office during normal business hours and on its website:

(a) the information described in clauses (2)(a) to (f);

(b) any additional information that the by-laws require to be made available to the public.

PERMITS

Corporate permit

17.4(1)     Subject to subsection (5), the registrar must issue a permit or a renewal of a permit to a corporation if the registrar is satisfied that

(a) the corporation is incorporated, formed by amalgamation or continued under The Corporations Act and is in good standing under that Act;

(b) the name of the corporation includes the words "veterinary corporation";

(c) each voting share of the corporation is legally and beneficially owned by a licensed member or a veterinary corporation;

(d) each other share in the capital stock of the corporation is legally and beneficially owned

(i) by a person who is a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation, each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

(e) each director of the corporation is a licensed member;

(f) the president of the corporation is a licensed member;

(g) each person through whom the corporation is to practise veterinary medicine is

(i) a licensed member, or

(ii) an animal health technologist or other employee acting under the supervision of a licensed member through whom the corporation practises veterinary medicine;

(h) the corporation has filed an application for the permit or renewal in the form required by the council and paid the permit or renewal fee required by the council; and

(i) all other requirements of the council for the issuance or renewal of the permit have been satisfied.

Conditions

17.4(2)     A permit may be issued or renewed subject to any conditions that the registrar considers advisable.

Validity

17.4(3)     Unless it is cancelled, surrendered or suspended, a permit issued or renewed under subsection (1) is valid for the time period specified in the permit.

Validity during consideration of renewal application

17.4(4)     If an application for renewal is received by the registrar by the date set out in the by-laws, the permit continues in force until a decision on the application has been made.

Refusal to issue or renew permit

17.4(5)     The registrar

(a) must refuse to issue a permit to, or to renew the permit of, a corporation if the registrar is not satisfied by proper evidence that the corporation meets the requirements of subsection (1); and

(b) may refuse to issue a permit to, or to renew the permit of, a corporation if

(i) a permit issued to the corporation under this Act has been cancelled or surrendered, or

(ii) a director, officer or shareholder of the corporation is or has been a director, officer or shareholder of a corporation whose permit under this Act has been cancelled or surrendered.

Notice of decision

17.4(6)     If the registrar refuses to issue or renew a permit under subsection (5), or issues or renews a permit subject to conditions, the registrar must

(a) give the corporation written notice of the decision and the reasons for it; and

(b) advise the corporation that it may appeal the decision to the council.

Appeal to council

17.4(7)     A corporation that is refused a permit or renewal of a permit, or whose permit is issued or renewed subject to conditions, may appeal the registrar's decision to the council.

How to appeal

17.4(8)     The appeal must be made by filing a written notice of appeal with the council within 30 days after the corporation receives notice of the decision. The notice of the appeal must specify the reasons for the appeal.

Decision by council

17.4(9)     The council must either dismiss the appeal or make any decision the registrar could have made. The council must give the corporation written notice of its decision and the reasons for it and must advise the corporation that it may appeal the decision to the Court of Queen's Bench.

Appeal to court

17.4(10)    A corporation may appeal the decision of the council to the Court of Queen's Bench by filing a notice of appeal within 30 days after receiving notice of the council's decision under subsection (9). Subsection 17.11(3) applies to an appeal under this subsection.

RESTRICTIONS

Business without permit prohibited

17.5(1)     A corporation whose name includes the words "veterinary corporation" must not carry on any business in the province unless it holds a valid permit.

Restriction on business of veterinary corporation

17.5(2)     A veterinary corporation must not carry on any business or activity other than the practice authorized by the permit and the provision of other services directly associated with the practice.

Interpretation of business restriction

17.5(3)     Subsections (1) and (2) must not be construed so as to prohibit a veterinary corporation from investing its funds in real property, other than for development purposes, or in stocks, mutual funds, debt obligations, insurance, term deposits or similar investments.

Validity of corporate act

17.5(4)     No act of a veterinary corporation, including a transfer of property to it or by it, is invalid merely because it contravenes subsection (1) or (2).

AGREEMENTS

Voting agreements void

17.6(1)     An agreement or proxy that vests in a person who is not a licensed member the authority to exercise any voting right attached to a share of a veterinary corporation is void.

Unanimous shareholders' agreements void

17.6(2)     A unanimous shareholders' agreement within the meaning of subsection 140(2) of The Corporations Act in respect of a veterinary corporation is void unless each shareholder of the corporation is a licensed member or a veterinary corporation.

DUTIES AND RESPONSIBILITIES

Notice of changes

17.7        A veterinary corporation must notify the registrar — within the time period and in the form and manner specified under the association's by-laws — of any change in the corporation's directors, president or voting shareholders.

Application of Act and by-laws

17.8(1)     This Act and the by-laws apply to a member despite any relationship the member may have with a veterinary corporation.

Obligations to clients not diminished

17.8(2)     The fiduciary and ethical obligations of a member to a person receiving professional services and the member's obligations to any person respecting confidentiality

(a) are not diminished by the fact that the services are provided on behalf of a veterinary corporation; and

(b) apply equally to the veterinary corporation on whose behalf the services are provided and to its directors, officers and shareholders.

Liability of member

17.8(3)     The liability of a member to a person receiving professional services is not affected by the fact that the services are provided on behalf of a veterinary corporation.

Liability of voting shareholders

17.8(4)     A person is jointly and severally liable with a veterinary corporation, or a corporation acting in contravention of section 3, for all professional liability claims made against the corporation in respect of acts, errors or omissions that were made or occurred while the person was a voting shareholder of the corporation.

Investigation of member providing service through corporation

17.8(5)     If the conduct of a member through whom a veterinary corporation is or was providing professional services at the time the conduct occurs or occurred is the subject of a complaint, investigation or inquiry,

(a) any power of entry, inspection, investigation or inquiry that may be exercised in respect of

(i) the member,

(ii) any premises or place in which the member practises veterinary medicine,

(iii) any equipment, materials or things used by the member, or

(iv) the member's records, substances or things,

may be exercised in respect of the corporation, its premises or place, equipment, materials or records, substances or things; and

(b) the corporation is jointly and severally liable with the member for all fines and costs the member is ordered to pay.

Member's practice restrictions apply to corporation

17.8(6)     Any practice restriction or condition imposed on the registration or licence of a member through whom a veterinary corporation provides professional services applies to the permit of the corporation in relation to its provision of professional services through that member.

SUSPENSION OR CANCELLATION

Suspending or cancelling permit

17.9(1)     Subject to subsections (2) and (3), the council may suspend or cancel a veterinary corporation's permit if

(a) the corporation ceases to meet any of the requirements of eligibility for a permit set out or referred to in subsection 17.4(1);

(b) the corporation contravenes any provision of this Act or the by-laws or a restriction or condition that applies to the corporation's permit; or

(c) a member, in the course of providing professional services on behalf of the corporation, does or fails to do anything as a result of which the member's registration or licence is suspended or cancelled.

Limitation

17.9(2)     A veterinary corporation's permit must not be cancelled or suspended by reason only of the fact that

(a) one or more shares of the corporation have vested in

(i) an executor or administrator of the estate of an individual as a consequence of the death of the individual, or

(ii) a trustee in bankruptcy on the bankruptcy of the owner of the shares,

unless the corporation is no longer practising veterinary medicine through a licensed member or the shares continue to be vested in the executor, administrator or trustee for more than 180 days or any longer period allowed by the council;

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

(c) the registration or licence of a member has been suspended, unless

(i) the member is the president or a director of the corporation and continues to hold that position more than 14 days after the commencement of the suspension, or

(ii) the corporation is no longer practising veterinary medicine through a licensed member; or

(d) the registration or licence of a member has been surrendered or cancelled, unless

(i) the individual is the president or a director of the corporation and continues to hold that position for more than 14 days after the surrender or cancellation,

(ii) the individual remains a voting shareholder of the corporation for more than 90 days after the surrender or cancellation, or for any longer period allowed by the council, or

(iii) the corporation is no longer practising veterinary medicine through a licensed member.

Surrender of permit

17.9(3)     When a veterinary corporation's permit is cancelled, it must promptly surrender the permit to the registrar.

Alternatives to suspending or cancelling permit

17.10       Instead of suspending or cancelling the veterinary corporation's permit under section 17.9, the council may take any other action it considers appropriate, including one or more of the following:

(a) reprimanding the corporation or one or more directors or voting shareholders of the corporation;

(b) imposing restrictions or conditions on the permit;

(c) imposing a fine on the corporation, payable to the association, in an amount not exceeding $10,000.

Written notice of cancellation required

17.11(1)    The council must

(a) give notice to the veterinary corporation in writing with the reasons for the council's decision to suspend or cancel its permit or take any action under section 17.10; and

(b) advise the corporation that it may appeal the decision to the Court of Queen's Bench.

Appeal to court

17.11(2)    A veterinary corporation may appeal the decision of the council to the Court of Queen's Bench by filing a notice of appeal within 30 days after receiving notice of the council's decision.

Powers of court on appeal

17.11(3)    Upon hearing an appeal, the court may

(a) dismiss the appeal;

(b) make any decision that in its opinion should have been made; or

(c) refer the matter back to the council for further consideration in accordance with any direction of the court.

PROHIBITIONS

Holding out as a veterinary corporation

17.12(1)    A corporation must not hold itself out as a veterinary corporation unless it holds a valid permit.

Holding out as a shareholder, officer, etc.

17.12(2)    A person must not hold himself or herself out as a shareholder, officer, director, agent or employee of a veterinary corporation unless the corporation holds a valid permit.

Making false representations or declarations

17.13(1)    A person must not make a representation or declaration for the purpose of having a veterinary corporation permit issued or renewed if the person knows that the representation or declaration is false.

Assisting the making of false representation

17.13(2)    A person must not knowingly assist another person in making a false representation or declaration for the purpose mentioned in subsection (1).

MISCELLANEOUS

Council powers over members also apply to corporations

17.14       The council may exercise in respect of a veterinary corporation any power that the council may exercise in respect of a member.

Prohibition re false advertising

17.15       A member or veterinary corporation must not engage in advertising that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public.

20          Subsections 18(1) and (2) are amended by striking out "persons" and substituting "individuals".

21          Subsection 20(2) is amended

(a) by replacing clause (a) with the following:

(a) a person wishes to make a complaint about the former member; and

(b) in the part after clause (b), by striking out "may be dealt with within five years following" and substituting "must be made within five years after".

22          The following is added after section 21:

SUSPENSION OF REGISTRATION AND LICENCE BY COMPLAINTS COMMITTEE

Suspension during consideration of complaint

21.1(1)     Despite anything in this Act, the complaints committee may, when it believes that a complaint about a member exposes a serious risk to the public, direct the registrar to suspend, or to impose conditions of practice on, one or both of the member's certificate of registration or licence while the complaints committee considers the complaint.

Notice of suspension

21.1(2)     On receiving a direction under subsection (1), the registrar must serve a notice about it on the member.

Application for stay

21.1(3)     The member may apply for an order of the court staying a direction of the complaints committee under subsection (1) by filing an application with the Court of Queen's Bench and serving a copy on the association.

23          The centred heading "INVESTIGATION OF COMPLAINT" is added before section 22.

24          Subsection 22(5) is amended in the English version by striking out "shall report his or her" and substituting "must report the person's".

25          Clause 23(1)(c) is replaced with the following:

(c) issue a formal caution to the investigated member censuring the member's conduct if the complaints committee has met with the member and the member has agreed to accept the caution;

26          Subsection 25(1) is amended

(a) by striking out "as well as" and substituting ", the name of the member and"; and

(b) by striking out everything after "that led to the caution".

27          The following is added after section 26:

NOTICE TO REGISTRAR OF CERTAIN DECISIONS

Notice to registrar in certain cases

26.1        The complaints committee must notify the registrar and provide the registrar with any information the by-laws require if

(a) it takes an action in respect of a member under any of clauses 23(1)(c), (d), (e) or (g);

(b) it directs a member to take an action under subsection 26(1); or

(c) it imposes a condition on a member under subsection 26(3).

28          Subsection 27(3) of the English version is amended by striking out everything before "be a member" and substituting "No one who was a member of the complaints committee reviewing a matter under investigation may".

29          Subsection 30(3) of the English version is amended by striking out everything before "be a member" and substituting "No one who investigated the conduct of the investigated member or participated in a review of the matter as a member of the complaints committee or the appeals committee may".

30          Subsection 41(3) is replaced with the following:

Inquiry panel may request member's discipline record

41(3)       After making any of the findings described in section 40 and in order to assist it in determining an appropriate order, the inquiry panel may request the registrar to provide the panel with the details of any information about the member provided to the registrar under section 26.1. The registrar must provide the information as soon as practicable after the request.

31          Section 48 is amended

(a) by striking out "a person" and substituting "an individual";

(b) by striking out "the person's" and substituting "the individual's"; and

(c) in the English version by striking out "the person" and substituting "the individual".

32          Subsection 50(1) is amended

(a) in clause (a), by striking out "office of a member" and substituting "premises or place in which a member or veterinary corporation practises veterinary medicine"; and

(b) in clause (b), by adding "or veterinary corporation" after "member".

33(1)       Subsection 52(1) is replaced with the following:

Offence and penalty

52(1)       A person who contravenes a provision of this Act is guilty of an offence and is liable on conviction

(a) in the case of an individual,

(i) to a fine of not more than $10,000 for a first offence, and

(ii) to a fine of not more than $50,000 for a subsequent offence; and

(b) in the case of a corporation,

(i) to a fine of not more than $25,000 for a first offence, and

(ii) to a fine of not more than $100,000 for a subsequent offence.

33(2)       Subsection 52(2) is amended

(a) in the English version of the section heading, by adding "or permit" after "registration";

(b) in the part before clause (a),

(i) by striking out "registration as a member" and substituting "a registration or permit", and

(ii) by striking out "summary"; and

(c) by replacing clauses (a) and (b) with the following:

(a) to a fine of not more than $10,000 for a first offence; and

(b) to a fine of not more than $50,000 for a subsequent offence.

33(3)       The following is added after subsection 52(2):

Directors, officers and employees

52(2.1)     If a corporation commits an offence under this Act, a director, officer or employee of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction to the applicable penalty set out in clause (1)(a), whether or not the corporation has been prosecuted or convicted.

34          The centred heading before section 54 of the English version is amended by striking out "MEMBERS" and substituting "CIVIL ACTIONS".

35          Section 54 is amended

(a) by replacing the section heading of the English version with "Limitation period for civil action"; and

(b) by striking out "No member is" and substituting "A member or veterinary corporation is not".

36          Section 56 is amended

(a) by replacing clause (b) with the following:

(b) when required for the administration of this Act, including but not limited to,

(i) registration matters,

(ii) the issuance of permits,

(iii) dealing with complaints about members or veterinary corporations and allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, and

(iv) governing the practice of veterinary medicine;

(b) in clause (e), by adding "or veterinary corporation" at the end.

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. A84 amended

37          The definition "veterinarian" in subsection 1(1) of The Animal Care Act is replaced with the following:

"veterinarian" means an individual who is registered under The Veterinary Medical Act and is licensed under that Act to practise veterinary medicine in Manitoba. (« vétérinaire »)

C.C.S.M. c. A85 amended

38          The definition "veterinarian" in section 1 of The Animal Diseases Act is replaced with the following:

"veterinarian" means an individual who is registered under The Veterinary Medical Act and is licensed under that Act to practise veterinary medicine in Manitoba; (« vétérinaire »)

C.C.S.M. c. V50 amended

39(1)       The Veterinary Services Act is amended by this section.

39(2)       Section 1 is amended

(a) by repealing the definition "veterinary surgeon or veterinarian"; and

(b) by adding the following definition:

"veterinarian" means

(a) an individual who is registered under The Veterinary Medical Act and is licensed under that Act to practise veterinary medicine in Manitoba, and

(b) a veterinary corporation, as defined in that Act, that practises veterinary medicine in Manitoba in accordance with that Act. (« vétérinaire »)

39(3)       Subsection 7(4) is amended by striking out "as a veterinarian" and substituting "veterinary medicine and surgery".

Amendments Relating to Upcoming Transition in Registration of Technologists

Amendments to subsections 17(3) and (4) of Act

40          Subsections 17(3) and (4) of The Veterinary Medical Act, as enacted by subsection 18(3) of this Act, are amended by striking out "as an animal health technologist" and substituting "as a veterinary technologist".

Amendment to subclause 17.4(1)(g)(ii) of Act

41          Subclause 17.4(1)(g)(ii) of The Veterinary Medical Act, as enacted by section 19 of this Act, is amended by striking out "an animal health technologist" and substituting "a veterinary technologist".

COMING INTO FORCE

Coming into force — royal assent

42(1)       Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Coming into force — section 7

42(2)       Section 7 comes into force six months after the day this Act receives royal assent.

Coming into force — October 1, 2016

42(3)       The following provisions come into force on October 1, 2016:

(a) clause 2(d);

(b) clause 2(e), insofar as it enacts the definition "veterinary technologist";

(c) subclause 8(1)(b)(i);

(d) section 17;

(e) clauses 18(1)(a) and (c) and (2)(a) and (c);

(f) subsection 18(3), insofar as it enacts subsection 17(5);

(g) sections 40 and 41.