|This is an unofficial archived version of The Veterinary Medical Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. V30
The Veterinary Medical Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"animal" means any creature not human; ("animal")
"association" means The Manitoba Veterinary Medical Association; ("Association")
"board" means The Veterinary Medical Board of Manitoba; ("Commission")
"certificate of registration" means accreditation to practise issued by the board under section 12; ("certificat d'inscription")
"council" means the council of management of the association; ("conseil")
"member" means a member of the association but does not include and honorary, life, associate or sustaining member as defined in the by-laws of the association; ("membre" )
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"registered member" means a person accredited by the board and entered on the register under section 12; (" membre inscrit")
"registrar" means the registrar of the board; ("registraire")
"unprofessional conduct" means any act or omission by a member which is an unjustifiable breach of duty to the public, a client, or any other member and includes a breach of the code of ethics; ("conduite non professionnelle")
"veterinary medicine" means that branch of knowledge relating to the prevention, diagnosis and treatment of the diseases of, and injuries to animals. ("médecine vétérinaire")
The Manitoba Veterinary Medical Association is continued as a body corporate for the purpose of establishing the academic, professional, ethical and competency standards reasonably required of the profession in the interests of the people in Manitoba.
The association has the following powers and responsibilities:
(a) to prescribe the requirements for membership and registration in the association;
(b) to prescribe the standards of practice;
(c) to prescribe a code of ethics for its members;
(d) to institute and provide the means of increasing the knowledge and skill of the members, and of maintaining a high standard of professional competency;
(e) to prescribe the conditions under which students may work with and under the guidance of registered members;
(f) to prescribe standards of employment of technicians;
(g) to acquire, hold, mortgage, lease or sell or otherwise charge or dispose of real estate and personal property for the purposes of the association;
(h) to borrow money for its purposes and to secure the repayment thereof by mortgage of its real and personal property;
(i) to invest funds not required for its immediate purposes in securities;
(j) to govern and discipline its members with respect to matters that do not fall within the jurisdiction of the board.
There shall be a council of management of the association consisting of the immediate past president and at least six other members of the association elected by the association.
A majority of the members of the council constitute a quorum thereof for the transaction of business.
The elected members of the council shall be elected by secret ballot in accordance with the by-laws of the association.
One-half of the elected members of council shall be elected each year at the annual general meeting of the association and shall hold office until the second annual general meeting thereafter.
Any vacancy in the council, however created, may be filled for the unexpired term by the council with a member of the association qualified to be elected to the council.
Only members of the association are qualified to be elected to the council and to vote for the election of members to the council.
The council may pass by-laws not contrary to or inconsistent with this Act or any other Act or law in force in the province respecting
(a) the aims and objectives of the association;
(b) the academic standards recognized by the association;
(c) the standards of practice demanded of members;
(d) the code of ethics to be observed by members;
(e) the continuing education requirement of members;
(f) the employment of students;
(g) the employment of technicians;
(h) the management of real and personal property of the association;
(i) the establishment and operation of committees;
(j) the duties of the secretary-treasurer of the association;
(k) the terms and conditions of honorary, life, associate and sustaining membership in the association;
(l) the remuneration and travelling allowances of the members of the council and its officers;
(m) the making of rules of procedure governing the conduct of the meetings of the association and the council;
(n) the establishing and governing of scholarships, bursaries and prizes;
(o) the making of rules and procedures governing the nomination and election of members of the council and the board; and
(p) the government and discipline of its members with respect to matters that do not fall within the jurisdiction of the board;
(q) all other matters as may be deemed necessary or desirable for the working or management of the association or the study or advancement of veterinary medicine.
Every by-law of the council and every repeal, amendment and re-enactment thereof, unless in the meantime confirmed at a general meeting of the association duly called for that purpose, shall have force only until the next annual meeting of the association, and in default of confirmation thereat shall, and from that time only, cease to have force, and in that case no new by-law to the same or like effect shall have any force until confirmed at a general meeting of the association.
At its first meeting in each year the council shall elect from the members thereof
(a) a president of the association;
(b) a vice-president of the association;
(c) such other officers as the council may deem necessary.
The council may appoint and fix the remuneration of a treasurer and a secretary, neither of whom need be a member of the council or a member of the association.
One person may be appointed to hold both offices mentioned in subsection (2).
The council shall appoint a chartered accountant as an auditor of the association.
The auditor shall examine the financial affairs of the association and shall report thereon in writing at the first general meeting of the association in each year.
There shall be a general meeting of the association at least once in each year at such time and place as the council may decide.
A person is qualified to be a member, who
(a) is a graduate in veterinary medicine from a college or university acceptable to the association and to the Canadian Veterinary Medical Association;
(b) is of good character; and
(c) pays the prescribed membership fees.
The fees shall be set by council annually, subject to approval at a general meeting of the association.
Fees are due and payable prior to the commencement of the year for which they are payable.
Where a member fails, neglects or refuses to pay his membership fees, his membership in the association lapses.
The Veterinary Medical Board of Manitoba consisting of six persons appointed by the Lieutenant Governor in Council, four of whom shall be registered members and two of whom shall be reputable citizens of familiar experience, is continued.
For the purpose of subsection (1) the association shall submit the names of 12 persons to the minister who shall recommend six of those 12 persons to the Lieutenant Governor in Council for appointment to the board; and each year the association shall submit the names of two persons for each vacancy created on the board.
In addition to such other powers as may be conferred on the board by this Act, the board has power to
(a) establish rules of procedure for the performance of its duties;
(b) make rules for regulating the practice of veterinary medicine;
(c) prescribe application forms for registration under this Act;
(d) prepare and supervise or cause to be prepared and supervised, examinations for applicants for registration under this Act;
(e) in lieu of preparing examinations under clause (d), engage the services of suitably qualified persons or agencies to prepare the examinations mentioned in that clause;
(f) issue, suspend or cancel certificate of registrations issued under this Act;
(g) enter, during reasonable hours, any premises in which veterinary medicine is being practised to determine whether or not that practice complies with the provisions of this Act and any regulations made thereunder.
The Lieutenant Governor in Council shall appoint a person nominated by the association as registrar of the board.
Subject to subsection (2), unless he sooner resigns or is removed from office, each member of the board shall hold office for a period of three years from the date of his appointment and thereafter until his successor is appointed.
If a member of the board ceases to be a member prior to the expiration of his term of office, the Lieutenant Governor in Council may appoint one of two persons nominated by the association to be a member to fill the vacancy, and unless he sooner resigns or is removed from the office, he shall hold office for the remainder of the term of office of the person in whose place he is appointed, and thereafter until his successor is appointed.
The Lieutenant Governor in Council may on the recommendation of the board remove any member of the board for misconduct, incapacity or neglect of duty.
The board shall have a common seal and annually elect a chairman and vice-chairman.
A majority of the members of the board constitute a quorum to conduct the business and proceedings of the board.
The board shall keep or cause to be kept, a record of all its proceedings and also a register showing with respect to each registered member, his name, the name and location of the school, college or university which granted him a degree or diploma in veterinary medicine and such other information as may be required by the board with respect to registered members.
The members and registrar of the board shall receive such allowances and expenses as the Lieutenant Governor in Council may determine.
The fees for examination of candidates, for registration, and for the renewal of registration shall be set and collected by the board and shall be paid over to the Minister of Finance.
The board shall submit annually to the minister a budget for the following year, for the approval of the minister.
Subject to subsection (5) a person is qualified to be a registered member who
(a) is a member in good standing of the association;
(b) has graduated or been accredited in veterinary medicine from or by a college or university acceptable to the association and the Canadian Veterinary Medical Association;
(c) passes the examination requirements of the board; and
(d) pays the prescribed examination and registration fees.
Application for examination and registration shall be made to the registrar at least 30 days prior to the examination, accompanied by the applicant's credentials, examination and registration fees as required under this Act.
The registrar shall register and issue a certificate of registration to each applicant who complies with the provisions of subsection (1).
A certificate of registration expires on December 31 of the year for which it was issued but may be renewed upon payment of the renewal fee.
All persons who are registered members in good standing of the Manitoba Veterinary Medical Association at the date this Act comes into force shall be registered by the board and be issued with certificates of registration.
A graduate in veterinary medicine from a college or university acceptable to the association and to the Canadian Veterinary Medical Association who has applied for registration may be granted a temporary registration which shall expire on the adjournment of the first meeting of the board following the first examination held after the granting of the temporary registration.
Where a graduate in veterinary medicine proves to the satisfaction of the board that he has applied and has been accepted to sit the national examination of the Canadian Veterinary Medical Association, the board may issue to that graduate a temporary certificate of registration entitling him to practise veterinary medicine under the control and supervision of a registered member of the association, for such period of time and subject to such terms and conditions as the board may impose.
A certificate purporting to be signed by the registrar and certifying as to any matter of record in his office is admissible in evidence in any action or proceeding in any court, or in any matter before any board, commission, or other body, as prima facie proof of the matter therein certified, without proof of the signature or identity of the registrar.
Any person may complain, in writing, to the board concerning the conduct or practice of a registered member.
The board may proceed to conduct an investigation into any matter alleged in a complaint received under subsection (1) and if it is satisfied that the complaint is frivolous or vexatious it shall dismiss the complaint and advise the complainant accordingly.
Where the board receives a complaint under subsection (1) which it does not dismiss under subsection (2), it may proceed to hold an inquiry into the matter complained of.
Where the board proceeds to conduct an inquiry of a complaint in respect of a registered member, it shall give the registered member at least two weeks before the day on which the inquiry is to commence written notice
(a) of the date on which and the time and place at which the inquiry will begin; and
(b) of the particulars of the allegations made in the complaint.
The complainant, the association and the registered member against whom the complaint has been made may be present and represented at any inquiry by the board into a complaint made under subsection (1) and may submit evidence and cross-examine witnesses.
Where the registered member in respect of whom an inquiry is being held under this section, having been duly notified, does not attend the inquiry without reasonable excuse communicated to the board before the time fixed for the inquiry, the board may proceed to hold the inquiry in his absence.
Where after hearing evidence and submissions at an inquiry in respect of a registered member, the board is satisfied that the registered member
(a) has had his right to practise veterinary medicine in any place outside the province suspended or cancelled for any reason other than his resignation from an association of veterinarians, his failure to pay fees payable by him in order to allow him to continue to practise in the place, or his failure to maintain or establish residence in the place; or
(b) has participated in or lent his name to any illegal practice of veterinary medicine within the province; or
(c) has violated or failed to comply with any provision of this Act;
(d) has committed any act or omitted to do anything which, in the opinion of the board
(i) constitutes unprofessional conduct for a registered member, or
(ii) constitutes incompetence or gross negligence in the practice of veterinary medicine; or
(e) is unfit to practise veterinary medicine or is suffering from a physical or mental incapacity affecting the quality of his practise of veterinary medicine;
the board may, by order,
(f) impose terms and conditions on the registration of the registered member respecting his practice of veterinary medicine;
(g) suspend or cancel the registration of a registered member; or
(h) impose a fine of not more than $500. on the registered member to be paid to the Minister of Finance; or
(i) do any combination of the things mentioned under clauses (f), (g) and (h); or
(j) dismiss the complaint.
Where after an inquiry respecting a registered member, the board does not dismiss the complaint against the registered member, the board may, in addition to any order it makes under subsection (7), order the member to pay all or any of the costs and expenses incurred by the board in or concerning the investigation and inquiry into or concerning the complaint.
Where the board makes an order respecting a registered member under this section or section 12, it shall give the registered member notice of the order by sending him a copy thereof.
An order of the board suspending or cancelling the registration of a registered member or imposing a fine or ordering payment of costs of an investigation or inquiry does not take effect until the time within which an appeal from the order may be taken under section 15 has expired and, where the order is appealed under section 15, until the court, on the appeal, confirms or upholds the order.
As soon as an order for the suspension of registration of a registered member takes effect, the member ceases to be registered and the registrar shall note the suspension in the register.
As soon as an order for the cancellation of registration of a registered member takes effect, the member ceases to be registered and the registrar shall strike his name from the register.
The board may restore the registration of any person whose registration has been suspended or cancelled under this section upon such terms and conditions as it deems proper.
Where an order of the board made under this section becomes effective, the board may file a copy thereof, certified by the registrar, in the office of the registrar of the Court of Queen's Bench and thereupon the order becomes and may be enforced in the same manner as a judgment of that court.
Where any notice is required to be given under this section, it may be sent to the person to whom the notice is required to be given by registered mail, postage prepaid, addressed to the person at the address of the person as recorded in the register if he is a registered member or at his address as indicated on any correspondence with the board if he is not a registered member and any notice so sent shall be deemed to have been received by the addressee on the third day after the day it was posted.
The board has all the powers, authority and privileges of a commissioner appointed under Part V of The Evidence Act and that Part, except sections 85 and 86 applies to the board in respect of an inquiry conducted under this section.
The board may accept an affidavit or statutory declaration to prove service of any notice or document required to be served on or sent to any person under this section.
For the purposes of an inquiry under this section, a certified copy of the conviction of a person for any crime or offence under the Criminal Code or under any other Act of Parliament or of the Legislature, under the seal of the court or under the hand of the convicting justice or under the hand of the clerk of the court in which the person was convicted, is conclusive evidence that the person has committed the crime or offence stated in the certificate.
The testimony of all witnesses at an inquiry shall be taken under oath and the parties to the inquiry may cross-examine witnesses and call evidence in defence or in reply.
The chairman of the board, or the person acting as chairman of the board, may administer the oath of any witness giving evidence at the inquiry.
Witnesses to an inquiry under this section are entitled to the same allowances as witnesses attending a trial in the Court of Queen's Bench.
Notwithstanding any other provision of this Act, on receiving a copy of a conviction of a registered member for an offence for which the board may cancel the registration of the registered member, the board may suspend the registered member from practice pending disposition of the inquiry and thereupon the registered member is suspended from practice until the suspension is lifted, superseded or annulled by the board or on appeal.
Where the board has made an order under section 12 or 14 in respect of a member, the member may appeal the order to a judge of the Court of Queen's Bench by an application to the judge made within 16 days from the date he receives notice of the order of the board.
Notice of the appeal shall be filed within the time limited in subsection (1) and the appellant shall cause a copy thereof to be served forthwith upon the registrar.
The registrar, after the service of the notice of appeal and upon request by the appellant, shall furnish to the appellant a copy of all documents that the board has in its possession and considered in making the order.
The appeal shall be a trial de novo and the judge may receive further evidence either by oral examination or by affidavit.
The judge on hearing of the appeal may
(a) confirm the order of the board:
(b) cancel, reduce or increase the fine:
(c) cancel or amend the order of the board as in his discretion seems just: or
(d) make such other order as may be just.
The judge, on hearing of the appeal, may allow costs.
No action shall be brought by any person against the registrar, the board or the association, or a member thereof, in respect of anything done or omitted to be done, in good faith under the provisions of this Act.
A member entitled to practise veterinary medicine under this Act is entitled to demand from a person by whom he is consulted or employed, and to recover in court, reasonable charges for professional services rendered for or on behalf of that person and the cost of medicines or medical appliances supplied by the member in his professional capacity.
No person shall practise veterinary medicine unless he is a registered member.
For the purposes of subsection (1) a person shall be conclusively deemed to practise veterinary medicine and the various branches thereof when he does, with or without hope of reward, any one or more of the following things
(a) represents himself as engaged in the practice of veterinary medicine, veterinary surgery or veterinary dentistry in any of its branches;
(b) diagnoses, advises or prescribes and dispenses a drug, medical appliance or application or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, or bodily injury or disease of animals;
(c) administers a drug, medicine, appliance or application or treatment of whatever nature for the prevention, cure or relief of a wound, fracture or bodily injury or disease of animals except where the drug, medicine, appliance or application or treatment is administered by some other person at the direction and under the direct supervision of a veterinarian authorized to practise under this Act;
(d) performs a surgical operation upon the animal;
(e) performs any manual procedure for the diagnosis of pregnancy, sterility or infertility upon animals;
(f) certifies the cause of death of an animal;
(g) uses any words, letters or titles under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine, veterinary surgery or veterinary dentistry.
Any person who
(a) practises veterinary medicine, surgery or dentistry in this province without compliance with the provisions of this Act; or
(b) falsely claims or pretends to have or hold a certificate of registration issued by the board; or
(c) falsely claims or implies that he is a graduate of a veterinary college or university acceptable to the association and the Canadian Veterinary Medical Association;
is guilty of an offence and in addition to the penalties provided in this Act, may be restrained by injunction from doing any one or more of those things.
This Act does not apply to
(a) the furnishing without remuneration of first aid to an animal in an emergency; or
(b) the administration of medication to an animal by its owner or a member of his household; or
(c) caponizing and the taking of poultry blood samples; or
(d) the study, prevention and treatment of fish diseases; or
(e) the technical performance of artificial insemination; or
(f) the castration of male calves, pigs and lambs, the dehorning of cattle, the docking of lambs and hoof trimming.
This Act does not prohibit a lawfully qualified veterinarian from outside the province meeting with a registered member for consultation purposes.
Any person who contravenes, or fails, omits or neglects to observe any provision of this Act is guilty of an offence and liable, on summary conviction
(a) for the first offence to a penalty of not more than $500. or in default of payment to imprisonment for a term not exceeding two months; and
(b) for the second or any subsequent offence, to a penalty of not more than $1,000. or in default of payment, to imprisonment for a term not exceeding four months.
Any person may lay an information for the prosecution of an offence under this Act.
Not withstanding subsection (1), where a member has been fined by the board under clause 14(7)(h) for a violation of any provision of this Act, he is not subject to prosecution under this section.
No prosecution for an offence under this Act shall be commenced later than one year after the date of the commission of the alleged offence.
No action shall be brought against a registered member for damages for negligence or malpractice in respect of professional services requested of or rendered by the member after the expiration of two years from the time when the damages were sustained.
No person shall conduct a course in veterinary medicine without the written authorization of the association and the approval of the minister.
Unless the minister is satisfied that the contents of a course in veterinary medicine and the standards of instruction in the course are equal to those required by the Canadian Veterinary Medical Association and the Manitoba Veterinary Medical Association, he shall not approve the conduct of the course under subsection (1).
A registered member with the written approval of the board may
(a) employ a student who is eligible to enter his final year at an approved veterinary college or university to perform veterinary services at or under the direction of the member for a period of . not more than six months; and
(b) charge and collect fees for services performed by the student.
The registrar shall keep a register of the names of all students employed pursuant to section 24.
A registered member with the written approval of the board and subject to such terms and conditions as the board may impose, may
(a) employ a technician who meets the requirements for technicians as set out in the by-laws of the association; and
(b) charge and collect fees for services performed by the technician.
The registrar shall keep a register of all technicians employed pursuant to section 26.
The minister may require the council of the association to deliver to him annually a report on the activities of the association respecting the control, treatment and prevention of animal diseases, and containing such other information as the minister may require.