Definitions

1  In this Act:

"animal" means any animal other than human beings and includes fowl and birds, wild or domestic;

"association" means The British Columbia Veterinary Medical Association continued under this Act;

"council" means the council of the association;

"drug" means any substance or mixture of substances defined as a drug in the Pharmacy Operations and Drug Scheduling Act;

"member" means a member of the association;

"private practice" means the rendering of veterinary medicine for hire, gain, fee, compensation or reward received, promised, offered, expected or accepted, directly or indirectly, by the person rendering the service from the person requesting or receiving the service for an animal;

"registered" means registered as a member under this Act;

"registrar" means the registrar of the association;

"veterinary medicine" means the art and science of veterinary medicine, dentistry and surgery, and includes

(a) the application of medicine, dentistry or surgery to any animal,

(b) diagnosing, prescribing, treating, manipulating and operating for the prevention, alleviation or correction of a disease, injury, pain, deficiency, deformity, defect, lesion, disorder or physical condition of or in any animal, with or without the use of any instrument, appliance, medicine, drug, anesthetic or antibiotic or biologic preparation, and

(c) the giving of advice in respect of anything mentioned in this definition with or without a view to obtaining a fee or other reward.

 British Columbia Veterinary Medical Association

2  The British Columbia Veterinary Medical Association and its members are continued as a corporation under that name.

 Objects

3  The general objects of the association are to promote and increase the knowledge, skill and proficiency of its members in all things relating to veterinary medicine and to the veterinary profession.

 Members

4  The members of the association are those persons who are registered.

 Powers

5  (1)  The association may do one or more of the following:

(a) hold, mortgage, dispose of or alienate property;

(b) borrow money on the credit of the association, issue bonds, debentures or other securities and pledge or sell the bonds, debentures or other securities;

(c) receive, manage and invest contributions and donations from members or others as a benevolent fund for the benefit of needy members, or their families and the families of deceased members;

(d) receive, manage and invest contributions and donations from members or others as a fund for the granting of awards, scholarships, bursaries or grants to further the objects of the association.

(2)  The exercise of the powers included in this section is deemed to be an object of the association.

 Council

6  (1)  The rights and powers conferred on the association and the duties imposed on the association must be exercised and discharged by the council, and, subject to this Act and the bylaws, the council must govern and administer the property and affairs of the association and may pass resolutions necessary for those purposes.

(2)  Subject to subsection (4), the council consists of the number of association members as the bylaws provide, subject to the restriction that this must be not less than 5 and not more than 9.

(3)  The members of the council must have the qualifications, be elected or appointed and hold office for the term the bylaws provide.

(4)  The Lieutenant Governor in Council may appoint one person, not necessarily a member of the association, to be a member of the council.

 Election of officers

7  The council

(a) must elect from among its members a president, vice president and secretary treasurer, and

(b) may appoint other officers the council considers necessary, including a member to occupy a vacancy on the council.

 Appointment of committees

8  The council may appoint committees, boards or other bodies from among the members of the association.

 Meetings of association

9  (1)  The council must convene a general meeting of members once in each calendar year, called the annual general meeting, for the transaction of business that may be brought before the meeting.

(2)  The annual general meeting must be held at the time and place the council decides and under those rules and after notice the bylaws provide.

(3)  The council must convene other general meetings of the members, called special general meetings, at times and after that notice the bylaws provide.

(4)  On receiving a request in writing signed by at least 20 members of the association to convene a special general meeting, the council must immediately do so.

 Bylaws

10  (1)  The council may pass bylaws to carry out the objects of the association.

(2)  Without limiting subsection (1), the council may pass bylaws as follows:

(a) respecting the admission and registration of members, and the classification of members between those entitled to engage in private practice and those not so entitled;

(b) establishing or varying the entrance fee and the annual fee to be paid by members;

(c) setting examination fees;

(d) respecting the register of members;

(e) establishing the notice, the time, the place and the order of business of meetings of members and of the council;

(f) establishing rules of general conduct binding on members;

(g) establishing the discipline by warning, reprimand, fine, suspension, expulsion, suspension or revocation of the licence of any member who is found to have been guilty of unprofessional conduct or violation of the rules or bylaws;

(h) establishing a code of professional ethics and of professional advertising;

(i) appointing examiners or instructors, defining their duties and setting their remuneration;

(j) respecting the election of the members of the council or its officers;

(k) respecting the board of examiners and examinations;

(l) establishing the duties of the registrar and the secretary treasurer;

(m) setting the fees and travelling allowances of the members of the council and its officers;

(n) respecting the administration of benevolent, scholarship and other association funds;

(o) respecting the exercise of absentee voting by mail, ballot or poll of proxies;

(p) instituting and providing means for increasing the knowledge and skill of the members and for maintaining a high standard of professional ethics and for the training, regulation and employment of technicians employed by members in private practice and for the training, regulation and employment of students enrolled in veterinary medicine;

(q) providing for and establishing the terms and conditions of honorary membership and life membership in the association;

(r) respecting the management of the property of the association;

(s) providing for the investment of money not immediately required;

(t) for all other provisions considered necessary or convenient for the management of the association and the conduct of its affairs.

(3)  The council may amend or repeal any bylaw.

(4)  The bylaws of the association in effect on March 23, 1967, in so far as applicable and not inconsistent with this Act, are the bylaws of the association until amended or repealed.

(5)  No new bylaw or amendment or repeal of bylaws takes effect until it has been approved at an annual general meeting or special general meeting of the members called to consider that bylaw, amendment or repeal.

 Application for registration

11  (1)  The council may appoint a board of examiners.

(2)  An application for registration must be made to the registrar and referred by the registrar to the council, which may direct in accordance with the bylaws that registration be granted or that the applicant take an examination before a board of examiners appointed in accordance with this section.

(3)  As soon as possible after the close of each examination, the examiners appointed by the council in accordance with this section must make and file with the registrar a certificate stating the results of the examination.

(4)  The registrar must notify each candidate of the result of the candidate's examination, and of the council's decision on the candidate's application.

(5)  A person is not eligible for registration as a member unless

(a) the person produces evidence satisfactory to the council of experience, good professional conduct and good character, and

(b) the council is satisfied that the person

(i)  has knowledge of the English language sufficient to enable the person to carry on adequately the practice of veterinary medicine in British Columbia, and

(ii)  is a graduate in veterinary science of a veterinary college or university recognized by resolution of the council.

(6)  The onus is on each applicant

(a) to produce evidence satisfactory to the council of the applicant's qualifications, and

(b) to take oaths or declarations required of the applicant that the information given in the application is true and correct.

 Registration

12  (1)  The registrar must keep a correct register in accordance with this Act of all persons who are registered under it.

(2)  In the fourth month after the annual general meeting in each year the registrar must

(a) prepare and certify under the seal of the association a list setting out in alphabetical order the names and place of practice of all members of the association in good standing who are engaged in private practice, and

(b) publish a true copy of the list in one issue of the Gazette at the expense of the association.

(3)  The registrar must publish in the Gazette the name of any person who has ceased to be a member in good standing since the last publication of the list.

(4)  A person registered under this Act is entitled

(a) on registration, to a certificate of registration signed by the registrar and members of the examining board and sealed with the seal of the association, and

(b) after that to a certificate under the hand of the treasurer certifying payment of the annual fee in accordance with the bylaws.

 Registration fees

13  (1)  A member must annually, within 60 days following the annual general meeting, pay to the treasurer the annual registration fee specified by the bylaws for the year then starting, and a certificate for that year must not be issued until the fee has been paid.

(2)  If a member does not pay the specified fee within 90 days of the annual general meeting in the year for which it is payable, the council may, after inquiry, suspend the member's registration.

(3)  A registration suspended under subsection (2) may be reinstated on payment of the fee specified by the bylaws, or, in the absence of a provision in the bylaws, a fee set by the council.

(4)  As soon as the registration is suspended in accordance with subsection (2), the person affected ceases to be registered under this Act, and the registrar must make a note of it in the register.

 Forfeiture of membership

14  (1)  The council may erase from the register

(a) any name or other entry if, in the opinion of the council, the entry has been obtained by fraud or misrepresentation, or has been incorrectly made, or

(b) the name of a person found by the council to be in breach of a bylaw of the association specifying the expulsion of a member for breach of it.

(2)  The registrar must immediately notify in writing a person whose name has been erased under this section or in respect of whom an entry has been erased.

(3)  A person whose name has been erased under this section or in respect of whom an entry has been erased may at any time apply to have the name or the entry restored to the register, but the council may, in its discretion, refuse to restore to the register a name or entry so erased.

(4)  A person who has been convicted of an indictable offence is not entitled to be registered, and the council may erase from the register the name of any member who has been convicted of an indictable offence.

(5)  Despite subsection (4),

(a) the council may, if it sees fit, permit a person who has been convicted to become or remain a member, or may restore to the register the name of a person whose name has been erased under this section, and

(b) the registration of a person must not be refused and the name of a person must not be erased on account of a conviction for an offence that ought not, in the opinion of the council and at its discretion, either from the nature of the offence or from the circumstances under which it was committed, to disqualify a person from practising under this Act.

 Complaints regarding member

15  (1)  The council may, and if it is requested in writing to do so by 3 members in good standing must, cause an inquiry to be made by an inquiry committee into a charge or complaint made against a member or into the conduct or mental condition or capability or fitness to practise of a member of the association.

(2)  The council may at any time investigate, in a manner it considers appropriate, whether or not a member has and is bringing to the member's practice of veterinary medicine adequate skill and knowledge.

(3)  The council, causing an inquiry to be made under this section, must appoint an inquiry committee of at least 3 persons.

(4)  For the purpose of subsection (3), the council may appoint committee members who are or are not members of the council or of the association.

(5)  For the purpose of determining the member's adequacy of skill and knowledge of veterinary medicine, the council may require the member to undergo an examination specified by the council.

 Re-entry on register

16  (1)  If the council directs the erasure from the register of the name of a person or of any other entry, the name of that person or that entry must not again be entered on the register except by the direction of the council, or by an order of the Supreme Court or the Court of Appeal on an appeal as provided for in this Act.

(2)  If the council thinks fit in any case, it may direct the registrar to restore to the register a name or entry erased from it, either without fee or on payment of a fee, not exceeding the registration fee, as the council may set, and the registrar must do so.

 Inquiry committee

17  (1)  An inquiry committee appointed under section 15 must

(a) hear and decide on the facts surrounding the charge or complaint,

(b) find whether the charge or complaint, if any, has been proven, and

(c) report its findings to the council in writing.

(2)  The council may exercise the powers under subsection (3) if, after considering the report of the inquiry committee, it determines that a member

(a) has been guilty of unprofessional conduct,

(b) is incapable or unfit to practise, or

(c) should have his or her practice restricted.

(3)  On making a determination referred to in subsection (2), the council may, in addition to requiring the member to pay the costs of the inquiry to the association,

(a) suspend the member from practice for a period of time the council considers appropriate,

(b) restrict the member's practice for a period of time and subject to conditions the council considers appropriate, to an aspect of veterinary medicine with respect to which the council is satisfied the member has adequate skill and knowledge, or

(c) direct that the member's name be erased from the register.

(4)  If a member is ordered under subsection (3) to pay the costs of an inquiry,

(a) the costs may be assessed by a registrar of the Supreme Court under the Supreme Court Civil Rules, and

(b) the amount assessed is a debt owing to the association and may be recovered by action in any court.

 Suspension

18  If a member is suspended from practice, the registration of that member is deemed erased, and the person is not a member for as long as the suspension continues.

 Reimbursement of costs

19  The council may order to be paid out of funds at its disposal costs, as it thinks fit, to any person against whom a complaint has been made that is found to have been frivolous and vexatious.

 Assistance to inquiry committee

20  On an inquiry or hearing

(a) the council or inquiry committee may employ, at the expense of the association, legal or other assistance it thinks necessary or proper, and

(b) the complainant and the person whose conduct is the subject of inquiry may be represented by counsel and may submit evidence.

 Proceedings of inquiry committee

21  (1)  At least 2 weeks before the first meeting of the inquiry committee to be held for taking evidence, or otherwise ascertaining the facts, a notice must be served on the complainant and on the person against whom the charge or complaint has been made, or whose conduct is the subject of inquiry.

(2)  A notice under subsection (1) must embody a copy of the charges against that person, or a statement of the subject matter of inquiry, and must specify the time and place of the meeting.

(3)  The testimony of witnesses must be taken under oath, which the chair or acting chair of the committee must administer, and there is a full right to cross examine all witnesses called, and to call evidence in defence and reply.

(4)  If the complainant or the person whose conduct is the subject of inquiry does not attend, the committee may, on proof of personal service of notice under subsection (1), proceed with the subject matter of the inquiry in the absence of that person and make its report without further notice to that person.

(5)  Proof of service for the purposes of this section may be made by affidavit.

(6)  The inquiry committee may cause the evidence given before it or any part of it to be taken down in shorthand and transcribed.

(7)  The chair or acting chair may administer the oath to the stenographer employed.

 Order for attendance of witnesses

22  (1)  On an inquiry or hearing under this Act, the council, the inquiry committee or any party may, without leave or order, obtain from the Supreme Court a subpoena commanding the attendance and examination of a witness, and the production of documents, the production of which could be compelled at the trial of an action, to and before the inquiry committee, at the time and place mentioned in the subpoena.

(2)  Disobedience of a subpoena is deemed to be contempt of court.

(3)  A person whose attendance is required is entitled to the same conduct money in payment of expenses and for loss of time as on attendance at a trial in the Supreme Court.

 Protection from liability for actions in good faith

23  No liabilities are incurred by the council or any inquiry committee or by any member of any such bodies for anything done or purported to be done in good faith under this Act.

 Appeal

24  (1)  A person making a complaint in respect to which an inquiry has been held, or a person who has been denied an application for registration or who has been suspended from practice or whose name has been ordered to be erased from the register, may appeal from the decision or direction of the council to the Supreme Court.

(2)  An appeal under subsection (1) must be commenced within 30 clear days from the date of the decision or direction.

(3)  The court may, on the hearing of an appeal under subsection (1),

(a) reverse, alter or amend the decision or direction,

(b) order further inquiry by the inquiry committee, or

(c) make any other order, either as to costs or otherwise, as to the court seems right, including a direction that any registration struck out be restored to the register or that any suspension be terminated.

(4)  An appeal lies from a decision of the court to the Court of Appeal within 60 clear days, and the Court of Appeal has all the powers that may by this Act be exercised by the court appealed from.

(5)  An appeal taken from a decision or direction of the council is deemed to include an appeal from the findings and report of the inquiry committee.

 Notice of appeal

25  (1)  An appeal under section 24 (1) must be brought by notice of intention to appeal.

(2)  A notice of intention to appeal must be filed in the registry of the Supreme Court within the time limited in section 24 (2).

(3)  The appellant must serve a copy of the notice of intention to appeal on the registrar within the same time.

(4)  The registrar must, on request, furnish a person desiring to appeal with a certified copy of all proceedings, reports and documents on which the inquiry committee or council acted in making the finding, report, decision, order or direction complained of, and of the finding, report, decision, order or direction.

(5)  Despite subsection (4), if the evidence on the inquiry was taken by a stenographer, the registrar need not furnish a transcript, but the person desiring to appeal may obtain the transcript from the stenographer at the person's own expense.

(6)  The person appealing must file in the registry of the Supreme Court in which the notice of appeal has been filed the certified copy and the transcript, if any, for the use of the Supreme Court on hearing the appeal, and the appeal must be heard and determined on that.

(7)  At least 7 clear days' notice in writing must be given to the registrar of the time when, and the place where, the appeal will be heard.

 Hearing of appeal

26  (1)  An appeal under section 24 must be heard and determined by the Supreme Court or the Court of Appeal, as the case may be, on the merits despite any want of form.

(2)  The Supreme Court or Court of Appeal may give direction it considers necessary to enable the proper hearing of and adjudication on the appeal.

 Restriction on practice of veterinary medicine

27  (1)  A person not registered under this Act, or who is suspended from practice, must not practise or offer to practise veterinary medicine.

(2)  Without limiting subsection (1), a person is deemed to practise veterinary medicine within the meaning of this Act if the person does any of the following:

(a) by advertisement, sign or statement of any kind, written or verbal, alleges or implies that the person is or holds himself or herself out as being qualified, able or willing to diagnose, prescribe for, prevent or treat any animal disease, ailment, deformity, defect or injury or to perform any operation to remedy any animal disease, ailment, deformity, defect or injury, or to examine or advise on the physical condition of an animal;

(b) diagnoses or offers to diagnose an animal disease, ailment, deformity, defect or injury, or who examines or advises on, or offers to examine or advise on, the physical condition of an animal;

(c) prescribes or administers a drug, serum, medicine or any substance or remedy for the cure, treatment or prevention of an animal disease, ailment, deformity, defect or injury;

(d) prescribes or administers a treatment or performs an operation or manipulation or supplies or applies any apparatus or appliance for the cure, treatment or prevention of any animal disease, ailment, deformity, defect or injury;

(e) acts as the agent, assistant or associate of any person, firm or corporation in the practice of veterinary medicine;

(f) operates, manages or controls the operation and conduct of an animal hospital, treatment centre or place where veterinary medicine is practised.

 Exemptions

28  Nothing in this Act applies to or affects any of the following:

(a) the furnishing of first aid or temporary assistance to an animal in an emergency;

(b) the treatment of an animal by its owner, by a member of the owner's household or by a person regularly employed full time by the owner in agricultural or domestic work;

(c) caponizing and taking of poultry blood samples;

(d) the treatment of an animal by an employee of a member under the supervision of the member, or by an enrolled student of veterinary medicine employed by a member and authorized by that member to undertake the treatment;

(e) the practice of veterinary medicine by a person not ordinarily resident in British Columbia but registered under the governing Act of any other province, state or jurisdiction, while employed or engaged by a member to advise or assist the member as a consultant concerning veterinary medicine;

(f) a person engaging in scientific research which reasonably requires experimentation involving animals.

 Right to charge and recover fees as veterinarian

29  A person is not entitled to recover a fee or charge for any of the following unless the person is registered under this Act or is a corporation, of which a director, officer or employee is a person registered under this Act:

(a) performing a veterinary operation or treatment;

(b) attending for the purpose of giving, or giving veterinary advice;

(c) acting in any manner as a veterinarian, a veterinary surgeon or a veterinary practitioner;

(d) practising, or in any way holding himself or herself out as practising, veterinary medicine or any branch of veterinary medicine.

 Offence for practising when prohibited

30  (1)  If a person not registered under this Act engages in the private practice of veterinary medicine, the person commits an offence.

(2)  A person who commits an offence under subsection (1) is liable on conviction

(a) for the first offence, to a fine of not more than $500,

(b) for the second offence, to a fine of not more than $1 000, and

(c) for a third and any subsequent offence, to imprisonment for a term not longer than 6 months.

 Offence to pose as a member

31  (1)  If a person who is not a member of the association takes or uses any name, title, addition or description, by means of initials or letters placed after the person's name, or otherwise stating or implying or calculated to lead people to infer that the person is a member of the association, that person commits an offence.

(2)  A person who commits an offence under subsection (1) is liable on conviction to a fine of not more than $500.

 Offence to use title of veterinarian

32  (1)  A person, other than a person who is on the register, who takes or uses the title of veterinarian, veterinary surgeon or veterinary practitioner, or any name, title, addition or description importing that he or she is a veterinarian, veterinary surgeon or practitioner of any branch of veterinary medicine commits an offence.

(2)  A person who commits an offence under subsection (1) is liable on conviction to a fine of not more than $500.

 Onus of proof in prosecution

33  (1)  In a proceeding under this Act, the onus is on the defendant, respondent or the party charged with the offence under this Act, to prove that that party is entitled to practise veterinary medicine and to assume the title.

(2)  The production of a certificate purporting to be signed and issued by the registrar, under the seal of the association and purporting to be issued under section 12 (4), is evidence that the person is entitled to practise veterinary medicine and to assume the title.

 Disposition of fines

34  All penalties recovered under this Act become part of the consolidated revenue fund.

 Injunction

35  The Supreme Court may, on the application of the association and on being satisfied that there is reason to believe that there is or will be a contravention of this Act, grant an injunction restraining a person from committing the contravention and, pending disposition of the proceeding seeking the injunction, the court may grant an interim injunction.