or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offence and on conviction is liable to a fine of not more than $ 5,000.
Limitation period
( 3) Proceedings to obtain a conviction for an offence under subsection( 1) or( 2) shall not be commenced after the expiration of one year after the date on which the offence was, or is alleged to have been, committed.
Proposed Provisions
It is proposed that the provisions in the Act related to offences be amended to update the fine amounts, and include a number of new provisions related to offences to modernize these provisions:
Unauthorized Practice
• It is proposed that the unauthorized practice provision be amended to prohibit the performance of controlled acts, inclusive of the risk of harm clause, by those who are not authorized to perform them and contravention of this provision would be an offence. On conviction, a person who contravened this provision would be liable for the first offence to a fine of not more than $ 25,000 and for each subsequent offence to a fine of not more than 50,000. It is also suggested that persons who are found guilty of contravening this term may also be liable for imprisonment for a term of not more than one year.
Responsibility of employers
• It is proposed that a provision be added that states that the employer of a person who contravenes the section of the act prohibiting the performance of controlled acts by those who are not authorized to perform them, and who have not been delegated the authority to perform the specific controlled act, while acting within the scope of his or her employment, is guilty of an offence and on conviction is liable to a fine of not more than $ 25,000 for a first offence, and not more than $ 50,000 for a second or subsequent offence.
Responsibility of directors of corporate employers( new proposed provision)
• In addition, it is proposed that a provision be added that states that if the employer described above is a corporation, every director of the corporation who approved of, permitted or acquiesced in the contravention is guilty of an offence and on conviction is liable to a fine of not more than $ 25,000 for a first offence, and not more than $ 50,000 for a second or subsequent offence.
Use of titles
• It is proposed that every person who contravenes a provision related to the use of titles is guilty of an offence and on conviction would be liable for the first offence to a fine of not more than $ 25,000 and for each subsequent offence to a fine of not more than $ 50,000.
Falsification of documents
• It is proposed that any person who makes or causes to be made a wilful falsification in a matter relating to a register or directory or issues a false licence, certificate of accreditation or document with respect to the issuance of a licence or certificate of accreditation is guilty of an offence and on conviction would be liable to a fine of not more than $ 25,000 and for each subsequent offence to a fine of not more than $ 50,000.
Offences for false representation
• It is proposed that every person who wilfully procures or attempts to procure the issuance of a licence or a certificate of accreditation under the Act by knowingly making a false representation or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offence and on conviction would be liable to a fine of not more than $ 25,000 and for each subsequent offence to a fine of not more than $ 50,000.
Orders Preventing Public Disclosure
• It is proposed that a provision be added that states that every person who contravenes provisions relating to:
1. where the Council excludes the public from meetings, and makes an order to prevent the public disclosure of matters disclosed in the meeting, including banning publication or broadcasting of those matters; or
2. where a panel of the Discipline Committee, Accreditation Committee, or Registration Committee makes an order that the public be excluded from a hearing in order to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters is liable in the case of an individual to a fine of not more than $ 25,000 for a first offence and not more than $ 50,000 for a second or subsequent offence, or
66 Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario