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The Veterinary Medical Act

C.C.S.M. c. V30

The Veterinary Medical Act

PART 1
DEFINITIONS
1 Definitions
PART 2
PRACTICE OF VETERINARY MEDICINE
2 (1) Practice of veterinary medicine
(2) Included practices
3 (1) Who may practise veterinary medicine
(2) Exemptions
4 (1) Only licensed member may advertise status as veterinarian
(1.1) Representing entitlement to practise veterinary medicine
(1.2) Representation by person having limited scope of practice
(2) Use of titles
PART 3
MANITOBA VETERINARY MEDICAL ASSOCIATION
5 (1) Association
(1.1) Association's primary mandate
(2) Powers
(3) Membership
(4) Meetings
(5) Notice of meetings
6 (1) Council established
(2) Composition of council
(3) Appointment of president
(4) President must be a licensed member
(5) Election of council members
(6) Eligibility to be a public representative
(7) Appointment of council members who are public representatives
(8) Term limit for public representative
(9) Quorum
(10) Vacancies
7 (1) By-laws
(1.1) Labour mobility
(1.2) Requirement for by-law respecting disclosure of pricing
(1.3) Deadline for members' vote
(1.4) By-law must be provided to minister before being finalized
(2) Members voting on by-laws
(3) Method of members' voting
8 (1) Duties and functions of council
(2) Exceptions
PART 4
REGISTRATION AND LICENSING
REGISTRATION
9 (1) Register of members
(2) Registrar
10 (1) Application for registration
(2) Registrar to issue certificate
(3) Cancellation if member fails to renew licence for two years
(4) Cancellation if member fails to renew registration
11 Application for registration not approved
12 (1) Appeal to council
(2) Hearing
(3) Right to appear and make representations
(4) Participation by registrar
(5) Decision by council
13 (1) Appeal from decision of council
(2) Powers of court on appeal
CANCELLATION OF REGISTRATION
14 (1) Registration may be cancelled if fraud
(2) Registration may be cancelled if member convicted
(3) Appeal
ANNUAL LICENCE
15 (1) Annual licence
(2) Issuance of annual licence
(3) Duration of licence
TEMPORARY REGISTRATION AND LICENCE
16 (1) Temporary registration and licence
(2) Terms and conditions
REGISTRATION OF VETERINARY TECHNOLOGISTS
17 (1) Registration of veterinary technologists
(2) Employment of veterinary technologists
(3) Titles interchangeable
(4) Use of titles — "veterinary technologist" and "animal health technologist"
(5) Registered animal health technologists deemed to be veterinary technologists
PART 4.1
VETERINARY CORPORATIONS
17.1 Definitions
17.2 (1) Authority of veterinary corporation to practise
(2) Permitted practice name
RECORD OF VETERINARY CORPORATIONS
17.3 (1) Record of veterinary corporations
(2) Contents of record
(3) Record information public
PERMITS
17.4 (1) Corporate permit
(2) Conditions
(3) Validity
(4) Validity during consideration of renewal application
(5) Refusal to issue or renew permit
(6) Notice of decision
(7) Appeal to council
(8) How to appeal
(9) Decision by council
(10) Appeal to court
RESTRICTIONS
17.5 (1) Business without permit prohibited
(2) Restriction on business of veterinary corporation
(3) Interpretation of business restriction
(4) Validity of corporate act
AGREEMENTS
17.6 (1) Voting agreements void
(2) Unanimous shareholders' agreements void
DUTIES AND RESPONSIBILITIES
17.7 Notice of changes
17.8 (1) Application of Act and by-laws
(2) Obligations to clients not diminished
(3) Liability of member
(4) Liability of voting shareholders
(5) Investigation of member providing service through corporation
(6) Member's practice restrictions apply to corporation
SUSPENSION OR CANCELLATION
17.9 (1) Suspending or cancelling permit
(2) Limitation
(3) Surrender of permit
17.10 Alternatives to suspending or cancelling permit
17.11 (1) Written notice of cancellation required
(2) Appeal to court
(3) Powers of court on appeal
PROHIBITIONS
17.12 (1) Holding out as a veterinary corporation
(2) Holding out as a shareholder, officer, etc.
17.13 (1) Making false representations or declarations
(2) Assisting the making of false representation
MISCELLANEOUS
17.14 Council powers over members also apply to corporations
17.15 Prohibition re false advertising
PART 5
DISCIPLINE
PEER REVIEW COMMITTEE
18 (1) Peer review committee
(2) Purpose of committee
(3) Membership
(4) Public representatives
(5) Appointment of successor
(6) Chairperson
COMPLAINTS COMMITTEE
19 Complaints committee
20 (1) Complaints
(2) Complaints against former members
21 (1) Referral to complaints committee
(2) Informal resolution
(3) Advice to the member
SUSPENSION OF REGISTRATION AND LICENCE BY COMPLAINTS COMMITTEE
21.1 (1) Suspension during consideration of complaint
(2) Notice of suspension
(3) Application for stay
INVESTIGATION OF COMPLAINT
22 (1) Investigation
(2) Records and information
(3) Failure to produce records
(4) Investigation of other matters
(5) Report to complaints committee
DECISION OF COMPLAINTS COMMITTEE
23 (1) Decision of complaints committee
(2) Notice to member and complainant
(3) Hearing not required
24 Matter not resolved by mediation
FORMAL CAUTION
25 (1) Publication of caution
(2) Order for costs
(3) No appeal of formal caution
VOLUNTARY SURRENDER OF REGISTRATION OR LICENCE
26 (1) Voluntary surrender of registration or licence
(2) Order for costs
(3) Conditions on re-instatement
(4) Referral to peer review chairperson
NOTICE TO REGISTRAR OF CERTAIN DECISIONS
26.1 Notice to registrar in certain cases
APPEALS COMMITTEE
27 (1) Appeals committee
(2) Public representative
(3) Members not to have taken part in complaints committee review
28 (1) Appeal to appeals committee
(2) Form of appeal
(3) Power on appeal
(4) Notice of decision
(5) Hearing not required
SUSPENSION OF REGISTRATION AND LICENCE PENDING DECISION
29 (1) Suspension pending decision
(2) Notice of suspension
(3) Application for stay
APPOINTMENT OF INQUIRY PANEL
30 (1) Establishment of inquiry panel
(2) Chairperson
(3) Members not to have taken part in investigation
31 Procedure
HEARING
32 (1) Hearing by inquiry panel
(2) Date of hearing
(3) Notice of hearing
33 (1) Inquiry panel and registrar may have counsel
(2) Right to appear and be represented
(3) Member may examine documentary evidence
(4) Member to provide documentary evidence
(5) Evidence of expert without report
(6) Failure to provide summary
34 (1) Hearing open to public
(2) Request for hearing in private
(3) Hearing in private
(4) Reasons for excluding the public to be available
35 Investigation of other matters
36 (1) Evidence
(2) Power to administer oaths
(3) Recording of evidence
(4) Adjournments
37 Proof of conviction
38 (1) Witnesses
(2) Notice to attend and produce records
(3) Notices for witnesses
(4) Witness fees
(5) Failure to attend or give evidence
39 Hearing in absence of investigated member
DECISION OF INQUIRY PANEL
40 Findings of inquiry panel
41 (1) Orders of inquiry panel
(2) Cancellation or suspension of registration or licence
(3) Inquiry panel may request member's discipline record
42 (1) Costs and fines
(2) Nature of costs
(3) Failure to pay costs and fines by time ordered
(4) Filing of order to pay costs
43 (1) Written decision and formal order
(2) Decision and order forwarded to registrar
(3) Service of decision and order
44 Publication of decision
APPEAL TO COURT OF APPEAL
45 (1) Appeal to Court of Appeal
(2) Commencement of appeal
(3) Appeal on the record
46 Powers of Court on appeal
47 Stay pending appeal
REINSTATEMENT
48 Reinstatement
PART 6
GENERAL PROVISIONS
INSPECTORS
49 (1) Appointment of inspector
(2) Inspection of a veterinary practice
50 (1) Entry of premises and inspection of records
(2) Admissibility of copies
(3) Entry with order
(4) Obstruction of inspector
SERVICE OF DOCUMENTS
51 (1) Service of documents
(2) Deemed receipt
OFFENCES
52 (1) Offence and penalty
(2) Fraudulent representation on application for registration or permit
(2.1) Directors, officers and employees
(3) Limitation on prosecution
(4) Prosecution of offence
(5) Stay of proceedings
PROTECTION FROM LIABILITY
53 Protection from liability
LIMITATION PERIOD FOR CIVIL ACTIONS
54 Limitation period for civil action
INJUNCTION
55 Injunction
CONFIDENTIALITY OF INFORMATION
56 Confidentiality of information
PART 7
TRANSITIONAL, REPEAL AND COMING INTO FORCE
57 (1) Transitional: definition of "former Act"
(2) Registration continued
(3) Annual licence continued
(4) Application for registration continued
58 Council continued
59 (1) Complaints under former Act: inquiry commenced
(2) Complaints under former Act: no inquiry commenced
(3) Complaints re past conduct
60 Orders under former Act continued
61 Repeal
62 C.C.S.M. reference
63 Coming into force