Concept
Confidentiality and
Immunity
Current Provisions
Proposal
The confidentiality provisions in the Veterinarians Act
provide that individuals engaged in the administration
of the Act must preserve confidentiality with respect
to all matters related to his or her duties, employment,
examination, review or investigation, except for defined
exemptions. These exemptions include circumstances in
which the person to whom the information relates has
provided consent or where permitted by law.
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Further, it provides that no person to whom the above
section applies shall be required to give testimony or
to produce any document or thing in any action or
proceeding about information obtained during his
or her duties, employment, examination, review or
investigation except in a College-related proceeding.
There is also a robust provision for immunity 15 where
a decision is made in good faith by the College, the
Council, a committee of the College or a member of
the Council or a committee of the College, or an officer,
employee, agent or appointee of the College.
The provisions also include a section related to
the indemnification of members of the Council or
a committee of the College and every officer and
employee of the College out of the funds of the College
against all costs, charges and expenses incurred in
relation to an action or proceeding related to the
execution of his or her duties unless brought about by
willful neglect or default.
It is proposed that the confidentiality provision
of the Veterinarians Act be updated to
include more exceptions to the duty of
confidentiality, including disclosure of
confidential information to a police officer, to
advise whether the College is investigating
a member, if there is a compelling public
interest in the disclosure of that information,
and if there are reasonable grounds to
believe that the disclosure is necessary for
the purpose of eliminating or reducing a risk
of harm to a person or animal or group of
persons or animals. An amendment is also
proposed to the confidentiality provision that
would prevent evidence generated under a
College proceeding to be able to be used in a
civil proceeding.
It is also proposed that the wording of the
immunity provision should be broadened to
include committee panels.
Further, it is recommended that the indemnity
provisions in the Act should be moved to
by-law.
14 Veterinarians Act, R.S.O. 1990, c. V.3, s 38.
15 Veterinarians Act, R.S.O. 1990, c. V.3, s 45.
Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario 57