Consultation Document July 2017 | Page 34

Modernizing the Practice of Veterinary Medicine INVESTIGATIONS & RESOLUTIONS •Publicizing Notices of Hearings• Existing Provisions Under the current provisions of the Veterinarians Act, the College is not permitted to publish members’ names until there is a discipline finding. As a result, the College cannot publicize a notice of hearing, nor a member’s name prior to a hearing. What Change is Proposed? It is proposed that hearings of the Discipline Committee and the Accredita- tion Committee, which are already open to the public, will be clearly made known prior to a hearing. Information concerning a hearing by a panel of the Discipline Committee or the Accreditation Committee will be publicly available at least 30 days before the intended date of the hearing. The information will include the name of the member against whom allegations have been made, the intended date, time and place of the hearing and a summary of the allega- tions against the member. Exclusion of public The panel may make an order that the public be excluded from a hearing or any part of it if the panel is satisfied that: • matters involving public security may be disclosed; • financial or personal or other matters may be disclosed at the hearing of such a nature that the harm created by disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public; • a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or • the safety of a person may be jeopardized. Orders preventing public disclosure In situations in which the panel makes an order excluding the public from a hearing, the panel may make orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders ban- ning the publication or broadcasting of those matters. Why is the College Considering Changes to this Concept? The lack of transparency related to the current provisions in the Act is not in keeping with more modern legislation nor with Ontario’s legal system. Further, it does not allow interested parties to be aware of, nor attend, hearings which may concern them. Not allowing for public hearings may lead to the appearance of bias and secrecy on the part of the regulator. The new proposed provisions relating to hearings would modernize the Act, ensure that it is in line with other professions, and allow for increased transparency. 34   Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario