Consultation Document July 2017 | Page 67

in the case of a corporation to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence. Cooperation with Investigators • It is proposed that a provision be added that states that every person who obstructs an investigator, fails to co-operate with an investigator, or withholds from him or her or destroys anything that is relevant to the investigation 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 in the case of a corporation to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence. Cooperation with Advisors • It is proposed that a provision be added that states that every person who fails to allow an advisor to enter and inspect premises or inspect medical records 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 in the case of a corporation to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence. Mandatory Reporting • It is proposed that a provision be added that states that every person who contravenes the proposed mandatory reporting provisions by failing to make a report when they are obligated to do so 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 in the case of a corporation to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence. Prohibition, Professional Misconduct by Professional Corporations • It is proposed that a provision be added that states that if, in the course of practising veterinary medicine, a professional corporation does, or fails to do, something that would constitute professional misconduct if a member did, or failed to do, it would be liable to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence. Corporation • It is proposed that, where a corporation is convicted of an offence under any of the proposed provisions above, that the maximum fine that may be imposed is $50,000 on a first conviction and $200,000 on each subsequent conviction. Offence by a director, officer, etc., of a Corporation • It is proposed that where a corporation is convicted of one of the above offences, each director of the corporation and each officer, employee or agent of the corporation who was in whole or in part responsible for the conduct of that part of the business of the corporation that gave rise to the offence is guilty of an offence unless he or she proves, on the balance of probabilities, that he or she took all reasonable care to prevent the commission of the offence. Every person convicted of an offence under this section would be liable on conviction to a fine of not more than $25,000 on a first conviction and not more than $50,000 on each subsequent conviction. Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario  67