C.C.S.M. c. V30
The Veterinary Medical Act
Table of Contents
PART 1 | ||
DEFINITIONS | ||
1 | Definitions | |
PART 2 | ||
PRACTICE OF VETERINARY MEDICINE | ||
2 | Practice of veterinary medicine | |
(2) | Included practices | |
3 | Who may practise veterinary medicine | |
(2) | Exemptions | |
4 | 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 |
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5 | Association | |
(1.1) | Association's primary mandate | |
(2) | Powers | |
(3) | Membership | |
(4) | Meetings | |
(5) | Notice of meetings | |
6 | 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 | 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 | Duties and functions of council | |
(2) | Exceptions | |
PART 4 | ||
REGISTRATION AND LICENSING | ||
REGISTRATION | ||
9 | Register of members | |
(2) | Registrar | |
10 | 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 | Appeal to council | |
(2) | Hearing | |
(3) | Right to appear and make representations | |
(4) | Participation by registrar | |
(5) | Decision by council | |
13 | Appeal from decision of council | |
(2) | Powers of court on appeal | |
CANCELLATION OF REGISTRATION | ||
14 | Registration may be cancelled if fraud | |
(2) | Registration may be cancelled if member convicted | |
(3) | Appeal | |
ANNUAL LICENCE | ||
15 | Annual licence | |
(2) | Issuance of annual licence | |
(3) | Duration of licence | |
TEMPORARY REGISTRATION AND LICENCE | ||
16 | Temporary registration and licence | |
(2) | Terms and conditions | |
REGISTRATION OF VETERINARY TECHNOLOGISTS |
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17 | 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 | Authority of veterinary corporation to practise | |
(2) | Permitted practice name | |
RECORD OF VETERINARY CORPORATIONS | ||
17.3 | Record of veterinary corporations | |
(2) | Contents of record | |
(3) | Record information public | |
PERMITS | ||
17.4 | 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 | Business without permit prohibited | |
(2) | Restriction on business of veterinary corporation | |
(3) | Interpretation of business restriction | |
(4) | Validity of corporate act | |
AGREEMENTS | ||
17.6 | Voting agreements void | |
(2) | Unanimous shareholders' agreements void | |
DUTIES AND RESPONSIBILITIES | ||
17.7 | Notice of changes | |
17.8 | 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 | Suspending or cancelling permit | |
(2) | Limitation | |
(3) | Surrender of permit | |
17.10 | Alternatives to suspending or cancelling permit | |
17.11 | Written notice of cancellation required | |
(2) | Appeal to court | |
(3) | Powers of court on appeal | |
PROHIBITIONS | ||
17.12 | Holding out as a veterinary corporation | |
(2) | Holding out as a shareholder, officer, etc. | |
17.13 | 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 | Peer review committee | |
(2) | Purpose of committee | |
(3) | Membership | |
(4) | Public representatives | |
(5) | Appointment of successor | |
(6) | Chairperson | |
COMPLAINTS COMMITTEE | ||
19 | Complaints committee | |
20 | Complaints | |
(2) | Complaints against former members | |
21 | Referral to complaints committee | |
(2) | Informal resolution | |
(3) | Advice to the member | |
SUSPENSION OF REGISTRATION AND LICENCE BY COMPLAINTS COMMITTEE |
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21.1 | Suspension during consideration of complaint | |
(2) | Notice of suspension | |
(3) | Application for stay | |
INVESTIGATION OF COMPLAINT | ||
22 | 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 | Decision of complaints committee | |
(2) | Notice to member and complainant | |
(3) | Hearing not required | |
24 | Matter not resolved by mediation | |
FORMAL CAUTION | ||
25 | Publication of caution | |
(2) | Order for costs | |
(3) | No appeal of formal caution | |
VOLUNTARY SURRENDER OF REGISTRATION OR LICENCE |
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26 | 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 |
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26.1 | Notice to registrar in certain cases | |
APPEALS COMMITTEE | ||
27 | Appeals committee | |
(2) | Public representative | |
(3) | Members not to have taken part in complaints committee review | |
28 | 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 |
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29 | Suspension pending decision | |
(2) | Notice of suspension | |
(3) | Application for stay | |
APPOINTMENT OF INQUIRY PANEL | ||
30 | Establishment of inquiry panel | |
(2) | Chairperson | |
(3) | Members not to have taken part in investigation | |
31 | Procedure | |
HEARING | ||
32 | Hearing by inquiry panel | |
(2) | Date of hearing | |
(3) | Notice of hearing | |
33 | 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 | 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 | Evidence | |
(2) | Power to administer oaths | |
(3) | Recording of evidence | |
(4) | Adjournments | |
37 | Proof of conviction | |
38 | 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 | Orders of inquiry panel | |
(2) | Cancellation or suspension of registration or licence | |
(3) | Inquiry panel may request member's discipline record | |
42 | 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 | 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 | 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 | Appointment of inspector | |
(2) | Inspection of a veterinary practice | |
50 | Entry of premises and inspection of records | |
(2) | Admissibility of copies | |
(3) | Entry with order | |
(4) | Obstruction of inspector | |
SERVICE OF DOCUMENTS | ||
51 | Service of documents | |
(2) | Deemed receipt | |
OFFENCES | ||
52 | 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 |
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57 | Transitional: definition of "former Act" | |
(2) | Registration continued | |
(3) | Annual licence continued | |
(4) | Application for registration continued | |
58 | Council continued | |
59 | 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 |