Consultation Document July 2017 | Page 52

Concept
Current Provisions
Proposal
Mandatory reporting
The Veterinarians Act does not currently include any mandatory reporting provisions
Mandatory reporting is being proposed in circumstances in which a licensed member has reasons to believe that another licensed member is incapacitated or unwell . Circumstances that might justify a mandatory report would be cases where a veterinarian is incapacitated by a physical or mental health condition that impairs his or her ability to provide veterinary care . A report would be made to the College . The College would then conduct its own investigation . A report would not constitute a finding of incapacity against the member who is the subject of the report . The proposal regarding mandatory reporting includes an immunity provision for reports stating that no action or other proceeding shall be instituted against a person for filing a report in good faith .
Investigator Appointments and Powers
The Veterinarians Act provides that , where the Registrar believes on reasonable ground that a member or former member of the College has committed an act of professional misconduct or serious neglect or that there is cause to refuse to issue or renew or to suspend or revoke a certificate of accreditation , the Registrar may , with the approval of the Executive Committee , appoint one or more persons to investigate the matter 9 .
With respect to investigator appointments , it is proposed that the Registrar may appoint one or more investigators to determine whether a member has committed an act of professional misconduct or is incompetent if :
a . the Registrar believes on reasonable and probable grounds that the member has committed an act of professional misconduct or is incompetent and the Investigations and Resolutions Committee approves of the appointment ;
b . the Investigations and Resolutions Committee has received information about a member from the Quality Assurance Committee under the relevant section and has requested the Registrar to conduct an investigation ; or
9 Veterinarians Act , R . S . O . 1990 , c . V . 3 , s 36 .
52 Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario