• Investigator Powers •
Existing Provisions
The Act states that a person appointed to make an investigation“ may inquire into and examine the practice of the member or former member in respect of whom the investigation is being made and may, upon production of his or her appointment, enter at any reasonable time the business premises of the member or former member, make reasonable inquiries of any person and examine documents and things relevant to the subject-matter of the investigation.”
What Change is Proposed?
The proposed additions to the existing provisions related to investigator powers include that an investigator:
i. may inspect or observe the practice of veterinary medicine performed by a member or under the supervision of a member
ii. may take photographs or make audio or video records relating to the member’ s practice of veterinary medicine
iii. may remove original versions of evidence where necessary( for example, where an original document is necessary to prove tampering or fraud)
iv. may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the investigation and that is in any form
v. may, upon giving a receipt for them, remove for examination and testing and may copy anything relevant to the investigation and testing, including any data storage disk or other retrieval device in order to produce information
vi. may conduct tests that are reasonably necessary
vii. may, upon giving receipt for them, require a person to produce any documents, records, equipment, supplies and such other things of the person being investigated that the investigator determines are relevant to the investigation, including using any data storage, processing or retrieval device or system to produce information that is relevant to the inspection and that is in any form, and the person shall produce the things required and provide the assistance.
Why is the College Considering Changes to this Concept?
Modernizing the Practice of Veterinary
Medicine
INVESTIGATIONS & RESOLUTIONS
• Investigator Powers •
While the existing provisions in the Act related to investigator powers already provide sufficient breadth to the investigator’ s powers, the proposed provisions are intended to ensure that the Act remains current, and clearly and explicitly lays out the investigator’ s powers to perform his or her duties effectively. The suggested amendments also acknowledge the technological advances that have taken place since the current Veterinarians Act came into force, and allow for the retrieval of any data storage, processing or retrieval device or system to produce information that is relevant to an investigation.
Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario 31