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) | Quorum | |
(4) | Election of members | |
(5) | 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 ANIMAL HEALTH TECHNOLOGISTS | ||
17 | (1) | Register of animal health technologists |
(2) | Employment of animal health technologists | |
(3) | Titles interchangeable | |
(4) | Use of titles — "veterinary technologist" and "animal health technologist" | |
(5) | ||
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 |