Concept
Current Provisions
Proposal
c. the Investigations and Resolutions Committee has received a written
complaint about the member and has requested the Registrar to conduct an
investigation.
Further, it is proposed that the Registrar may appoint an investigator in an
emergency if the Registrar believes on reasonable and probable grounds that
the conduct of the member exposes or is likely to expose his or her patients
or clients to harm or injury, and that the investigator should be appointed
immediately and there is not time to seek approval from the Investigations and
Resolutions Committee.
With respect to investigator
powers, 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.” 10
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.
10 Veterinarians Act, R.S.O. 1990, c. V.3, s 36.
Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario 53