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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER V-4

AN ACT RESPECTING A VETERINARY LICENSING BOARD FOR THE PROVINCE AND THE NEWFOUNDLAND AND LABRADOR VETERINARY MEDICAL ASSOCIATION

Analysis

1. Short title

2. Definitions

3. Non-application of Act

PART I
LICENSING BOARD

4. Board

5. Appointment of members of board

6. Publication of appointments

7. Vacancy

8. Chairperson and registrar

9. Seal

10. Quorum

11. Examinations

12. Application for registration

13. Results of examination

14. Meetings

15. Powers of board

16. Registrar's duties

17. Inspection of register

18. Definitions

19. Entitlement to licence

20. Regulations of board

21. Issue of licences

22. Annual renewals

23. Expiry of licences

24. Disposition of money

25. Recovery of fees

26. Suspension and cancellation of registration

27. Right of appeal

28. Effect to be given decision

29. Suspension or cancellation

30. Evidence of registration

31. Eligibility for registration

32. Prohibition

PART II
ASSOCIATION

33. Association

34. Objects

35. Powers

36. Constitution of the council

37. General meeting

38. Council quorum

39. Association quorum

40. President and vice-president

41. Fees and travelling allowances

42. Secretary-treasurer

43. By-laws

44. Membership fees

45. Disciplinary committee

46. Powers of committee

47. Appeal

48. Effect of reprimand

PART III
GENERAL

49. Courses in veterinary science

50. Use of titles

51. Fees

52. No fees

53. Action for negligence

54. Witness fees

55. Seal

56. Recovery of fees

57. Powers of council

58. Financial year

59. Inspection of register

60. Offence

61. Time limit

62. Returns

63. Copies of by-laws not to be filed

Schedule A

Schedule B


Short title

1. This Act may be cited as the Veterinary Medical Act.

1971 No73 s1

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Definitions

2. In this Act

(a) "animal" means a living being, other than a human being;

(b) "association" means the Newfoundland and Labrador Veterinary Medical Association referred to in section 33;

(c) "association member" means a member of the association;

(d) "board" means the Newfoundland and Labrador Veterinary Licensing Board referred to in section 4;

(e) "council" means the council of the association referred to in section 36;

(f) "disciplinary committee" means the Newfoundland and Labrador Veterinary Medical Association Disciplinary Committee referred to in subsection 45(1);

(g) "licence" means a licence to practise veterinary science in the province issued by the board and includes the renewal of a licence, and "licensed" has a corresponding meaning;

(h) "minister" means the Minister of Forestry and Agriculture;

(i) "registered" means registered by the board under this Act as a person qualified to practise veterinary science in the province, and "registration" has a corresponding meaning;

(j) "registrar" means the registrar referred to in section 8;

(k) "veterinarian" means a graduate in veterinary science from a university, college or other institute of learning recognized by the board; and

(l) "veterinary science" means the application of medicine or surgery to an animal, and includes 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 an animal, with or without the use of instruments, appliances, medicine, drugs, anaesthetics, or antibiotic or biologic preparations, and also includes the giving of advice in respect of anything mentioned in this paragraph with a view to obtaining a fee or other remuneration.

1971 No73 s2; 1973 No37 Sch; 1979 c49 Sch B; 1989 c18 Sch B

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Non-application of Act

3. This Act does not apply to or affect

(a) the administration 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 his or her agent who is regularly employed in agricultural or domestic work;

(c) the treatment of an animal by an employee of a person licensed under this Act under the supervision of that person;

(d) the drawing of blood samples from animals by trained technical personnel employed by the provincial or federal government;

(e) the study, treatment and control of diseases of fish;

(f) the castration of calves, pigs and lambs and the caponizing of poultry;

(g) the act of artificial insemination in the bovine, ovine, equine, porcine, avian or other species of animal; or

(h) the dehorning of cattle.

1971 No73 s4

PART I
LICENSING BOARD

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Board

4. The Newfoundland and Labrador Veterinary Licensing Board is continued.

1971 No73 s5

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Appointment of members of board

5. (1) The membership of the board shall consist of 3 members, to be appointed by the Lieutenant-Governor in Council, and the members shall be appointed from persons licensed under this Act.

(2) A member of the board holds office during pleasure.

(3) The members of the board shall be appointed for a period of 3 years.

(4) Members of the board are eligible for reappointment.

(5) The board shall be responsible to the minister.

(6) The members of the board shall serve without remuneration, but they may be paid the travelling and other expenses that may be fixed by regulations made under section 20, and those expenses shall be paid by the association.

1971 No73 s6

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Publication of appointments

6. Notice of the appointment of members of the board shall be published in the Gazette, but failure to publish does not affect the validity of the appointment.

1971 No73 s7

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Vacancy

7. A vacancy occurring because of the death, resignation or removal of a member of the board shall be filled by the appointment by the Lieutenant-Governor in Council of another member, and the person appointed shall hold office as a member of the board only for the remainder of the term of the member who died, resigned or was removed.

1971 No73 s8

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Chairperson and registrar

8. The Lieutenant-Governor in Council shall designate

(a) 1 member of the board to be chairperson of the board; and

(b) 1 member of the board to be the registrar.

1971 No73 s9

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Seal

9. (1) The board shall have a seal which shall consist of the Coat of Arms of Newfoundland referred to in the Coat of Arms Act circumscribed by the words "Newfoundland and Labrador Veterinary Licensing Board".

(2) The registrar shall be the keeper of the seal of the board.

(3) All licences and other documents issued by the board shall be authenticated by the seal of the board and signed by the chairperson of the board and the registrar.

1971 No73 s10; 1971 No14 s2

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Quorum

10. Two members of the board, of whom 1 shall be the chairperson designated under section 8, shall be a quorum for the transaction of business.

1971 No73 s11

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Examinations

11. Unless there are no applicants for registration, examination of applicants for registration shall, subject to the regulations, be held by the board, at least once annually, at the place that the board may designate.

1971 No73 s12

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Application for registration

12. All applications for registration shall be directed to the registrar, and referred by him or her to the board, and the board may, subject to the regulations, direct that registration be granted immediately or that the applicant undergo examination before the board or the member of the board that may be designated by the board to conduct the examination.

1971 No73 s13

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Results of examination

13. At the conclusion of each examination the registrar shall, with all possible speed, notify each applicant of the result of his or her application and of the board's decision upon the application.

1971 No73 s14

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Meetings

14. The board shall make the rules that it may consider necessary for the calling of its meetings and the order and conduct of business at the meetings, but, in the absence of the rules, the meetings shall be called by the chairperson of the board by notice given, by letter, telegram or telephone, at least 48 hours before the time set for the meeting.

1971 No73 s15

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Powers of board

15. The board shall, subject to the regulations,

(a) examine all degrees, diplomas, licences and other credentials for the purpose of determining if the owner of the credentials should be registered and licensed in accordance with this Act and the regulations of the board and may require the owner of the credentials to certify on oath or affirmation that he or she is the person referred to in them;

(b) conduct examinations to ascertain the qualifications of persons to be registered and licensed in accordance with this Act and the regulations of the board; and

(c) approve the issuing of, and issue, licences to persons who meet the requirements of this Act.

1971 No73 s16

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Registrar's duties

16. The registrar shall

(a) be the secretary of the board and attend all meetings of the board and keep a record of the proceedings in a book provided for that purpose;

(b) make and keep a book or register which shall be called the "veterinary register" in which he or she shall register the names of all those persons qualified to practise veterinary science in the province in the form and with the particulars set out in Schedule A, which particulars shall be provided by each of the persons to the registrar before a licence to practise is issued to him or her;

(c) subject to the payment of all applicable fees under this Act, when the board has approved the registration and licensing of a person, enter the name of that person in the veterinary register and, in accordance with section 21, issue to the person a licence to practise in the form set out in Schedule B, and every licence shall be signed and sealed as provided for by subsection 9(3);

(d) make the necessary alterations in the address or qualification of a registered person;

(e) strike off the veterinary register the name of a person who has died and make the necessary entries and alterations in the veterinary register in compliance with section 29; and

(f) before November 1 in each year have published in the Gazette the names, in alphabetical order with their respective addresses, of all persons who are holders of licences to practise veterinary science in the province and whose names appear on the veterinary register as at September 1 next preceding the publication.

1971 No73 s17

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Inspection of register

17. The veterinary register shall, without charge, be open and subject to inspection at all reasonable times.

1971 No73 s18

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Definitions

18. The words "legally qualified veterinarian" or "qualified veterinarian", or other words importing a person recognized by law as a practitioner of veterinary science, when used in an Act of the Legislature or legal or public document, shall be construed to mean a person who holds a valid licence or renewal of licence under this Act.

1971 No73 s19

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Entitlement to licence

19. A person shall be entitled to receive a licence to practise veterinary science in the province who pays the prescribed registration and licence fees and who

(a) holds the academic qualifications prescribed by regulations of the board made under section 20 or has passed those examinations that may be prescribed by the regulations;

(b) is of full age;

(c) has a working knowledge of the English language; and

(d) produces evidence of satisfactory character acceptable to the board.

1971 No73 s20

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Regulations of board

20. Subject to the approval of the minister, the board may make regulations

(a) prescribing qualifications for registration and licensing of persons to practise veterinary science in the province;

(b) providing for examinations as to qualifications of persons to be registered and licensed under this Act and prescribing the content and conduct of the examinations;

(c) exempting a person from those examinations that the regulations may prescribe where the person meets the qualifications that may be prescribed by the regulations;

(d) providing for and prescribing the amount of fees payable for examination, registration, licences and renewal of licences under this Act;

(e) respecting the government and discipline of practitioners of veterinary science;

(f) respecting the remission of fees or a portion of fees and the conditions of the remission;

(g) providing a code of professional ethics for practitioners of veterinary science;

(h) for the defining of "unprofessional conduct", "incompetence", "gross negligence", and the designation of criminal offences in respect of section 26;

(i) for the effective exercise of its powers, functions and duties, the management of its affairs and the conduct of its business;

(j) which it may consider necessary for or incidental or conducive to the proper and better guidance, government, discipline and regulation of the profession of veterinary science in the province;

(k) prescribing forms for use under this Act, including forms for applications for registration and licensing under this Act;

(l) fixing expenses for the purposes of subsection 5(6);

(m) providing for the holding of inquiries into the operation of this Act and into a charge or complaint that a person has contravened this Act or the regulations, or into a matter arising in the administration of this Act, and providing that the person holding the inquiry shall have the powers that are conferred upon a commissioner under the Public Inquiries Act, including the power to take evidence under oath or affirmation; and

(n) generally, to give effect to the purpose of this Act.

1971 No73 s21; 1986 c30 s7

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Issue of licences

21. The board shall, upon payment of the fees prescribed by the regulations, issue a licence to practise veterinary science in the province to a person upon his or her becoming registered by the board under this Act.

1971 No73 s23

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Annual renewals

22. A person who is registered under this Act shall annually, before January 1, take out from the board, upon payment of the fees prescribed by the regulations, a renewal of licence to practise veterinary science in the province, for the year then beginning, and the board shall, where the person is entitled to receive the renewal of licence, issue it upon the payment of the prescribed fees.

1971 No73 s24

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Expiry of licences

23. A licence or renewal of licence under this Act shall, unless registration by the board is sooner cancelled or while suspended, expire at midnight on December 31 of the calendar year for which it is issued.

1971 No73 s25

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Disposition of money

24. All money received by the board shall be paid over to the association and shall be applied by the association for the purposes of the board and the association.

1971 No73 s26

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Recovery of fees

25. The association shall, in the name of and on behalf of the board, recover fees or other amounts due the board by a person as a private debt due the board in a court.

1971 No73 s27

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Suspension and cancellation of registration

26. (1) The board may, in its discretion, suspend or cancel the registration of a person whom it has found, subject to the regulations, to be guilty of unprofessional conduct, incompetence or gross negligence or who has been convicted by a court of a criminal offence designated in the regulations of the board, or the board may reprimand or censure the person.

(2) The board shall not take an action referred to in subsection (1),

(a) until after a complaint under oath or affirmation has been filed with the registrar and a copy forwarded to the person accused;

(b) without having previously summoned the person accused to appear before the board;

(c) without having heard evidence under oath or affirmation in respect of the complaint; and

(d) without giving the person accused an opportunity of submitting evidence on his or her behalf.

(3) For the purposes of this section, the board, and each member, is vested with all the powers that are or may be conferred on a commissioner by the Public Inquiries Act, including the power to take evidence under oath or affirmation, and there shall be full right to examine and cross-examine all witnesses called and to bring forward evidence in defence and reply.

(4) The board is, for its functions under this section, considered to be an "investigating body" for the purposes of the Public Investigations Evidence Act.

(5) An accused person shall be entitled to be represented by legal counsel.

1971 No73 s28

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Right of appeal

27. (1) The decision of the board respecting the suspension or cancellation of registration of a person shall be communicated immediately to the person concerned, by registered mail.

(2) Where a person is dissatisfied with a decision of the board, he or she may, within 30 days after receiving the decision of the board, serve on the registrar a written notice of the person's intention to appeal the decision of the board to a judge of the Trial Division.

(3) The notice of the appeal served under subsection (2) shall be signed by the person concerned or by his or her solicitor or agent and in the notice the grounds of the appeal shall be set out, and the person concerned shall file a copy of the notice in the office of the Registrar of the Supreme Court.

(4) The person concerned shall, within 14 days after the service of the notice of the appeal under subsection (3), apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the registrar a written notice of the day appointed for the hearing.

(5) The judge shall hear the appeal and the evidence brought forward by the person concerned and the board in a summary manner and shall decide the matter of the appeal.

(6) The registrar shall produce before the judge on the hearing of the appeal all papers and documents in his or her possession or the possession of the board affecting the matter of the appeal.

(7) An appeal may be taken from an order or decision of the judge to the Court of Appeal upon a point of law raised upon the hearing of the appeal referred to in subsection (2).

(8) The costs of the appeal under this section are in the discretion of the judge or the Court of Appeal and costs awarded against the board shall be paid by the association.

1971 No73 s29; 1974 No57 Schs C&D;
1986 c42 Schs A&B

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Effect to be given decision

28. A copy of the decision on an appeal shall be filed with the registrar upon receipt of it, and, after the time limited for further appeals has expired, the board shall give effect to it.

1971 No73 s30

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Suspension or cancellation

29. (1) An order of the board suspending or cancelling the registration of a person does not affect that person's right to practise veterinary science until the time within which an appeal may be taken has expired and, where an appeal is taken, the suspension or cancellation has been upheld by the court hearing the appeal.

(2) As soon as the order for the suspension of a registration becomes effective, the person affected ceases to be registered and the registrar shall make a note in the veterinary register.

(3) As soon as the order for the cancellation of a member's registration becomes effective, the person affected ceases to be registered and the registrar shall strike the name of the person from the veterinary register.

(4) The board may restore the registration of a person whose registration has been suspended or cancelled under this section upon those terms and conditions that it thinks appropriate.

(5) Cancellation of registration cancels a licence issued under this Act.

(6) Suspension of registration suspends a licence issued under this Act.

(7) Fees paid to the board under this Act are not returnable because of a cancellation or suspension under this Act.

1971 No73 s31

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Evidence of registration

30. (1) Where registration is an issue, the production of a copy of the veterinary register, certified and signed by the registrar, is sufficient evidence of all persons who are registered instead of the production of the original, and a certificate upon the copy of the veterinary register purporting to be signed by a person in his or her capacity as registrar is evidence of the same probative force as the original that the person is the registrar, without proof of his or her signature or of that person being in fact the registrar.

(2) The absence of the name of a person from the veterinary register or a copy of it certified according to subsection (1) is, in the absence of evidence to the contrary, evidence that the person is not registered.

1971 No73 s32

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Eligibility for registration

31. A person, to be eligible for registration under this Act, must be a veterinarian as defined by paragraph 2(k).

1971 No73 s33

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Prohibition

32. A person shall not practise veterinary science in the province unless the person holds a valid licence or renewal of licence under this Act.

1971 No73 s34

PART II
ASSOCIATION

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Association

33. (1) The Newfoundland and Labrador Veterinary Medical Association is continued as a corporation.

(2) The head office of the association shall be situated in the City of St. John's or at another place in the province that the council may determine by by-law.

(3) Section 19 of the Interpretation Act applies to the association.

1971 No73 s35; 1971 No14 s2

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Objects

34. (1) The objects of the association are to

(a) cultivate and advance the art, science and practice of veterinary medicine and surgery and to maintain the honour and interests of the veterinary profession;

(b) conduct, direct, encourage, support or provide for surgical and medical veterinary research;

(c) elevate, sustain and improve the professional character and education of veterinarians in the province;

(d) promote mutual improvement and good will among members of the veterinary profession in the province and elsewhere in the world;

(e) enlighten and direct public opinion in relation to surgical and medical veterinary science and promote the public health in connection with the science;

(f) publish veterinary reports and treatises;

(g) cooperate with associations, societies, organizations and other bodies having, in whole or in part, objects similar to those of the association;

(h) be a provincial body, representing the veterinary profession in the province, including representing the veterinary profession as adviser and arbitrator with regard to employment and working conditions for veterinarians;

(i) cooperate with the Government of Canada, the government of a province of Canada, universities, municipalities and other bodies for the purpose of the protection of the public against infectious and contagious diseases communicable from animals to human beings;

(j) provide, on behalf of association members, the liaison with and representation to the government of the province or a department of the government, that may be desirable;

(k) make grants of money out of the funds of the association for the promotion of the association, the veterinary profession or veterinary science; and

(l) do all other lawful acts that are incidental or conducive to the attainment of the preceding objects, and promote the general welfare of the veterinary profession in the province.

(2) The association shall be administered and operated, in respect of its members, on a non-profit financial basis.

1971 No73 s36

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Powers

35. The association is authorized and empowered to

(a) take and hold by purchase, grant, lease, gift, donation, devise, legacy or bequest or otherwise, real and personal property of every kind, nature and description, and sell, lease, mortgage, alienate or otherwise dispose of real or personal property that may be considered necessary or desirable for carrying out the objects and purposes of the association;

(b) invest or otherwise use for the objects of the association money received;

(c) enter into arrangements with authorities, governmental, municipal, local or otherwise that may seem conducive to the attainment of the association's objects and obtain from the authority rights, privileges and concessions which the association may have capacity to receive and may think desirable to obtain, and carry out, exercise or comply with the arrangements, rights, privileges and concessions;

(d) erect, maintain, improve, repair and otherwise deal with a building in order to further the objects of the association;

(e) borrow money for the purposes of the association, and secure the repayment of money so borrowed by a form of debenture, bond, pledge, charge, mortgage, promissory note or other security, and make and issue debentures or bonds and secure the repayment of debentures or bonds so made and issued by deeds of trust or mortgage;

(f) draw, make, accept, endorse, discount, execute and issue bills of exchange, promissory notes and other instruments that may be necessary or convenient;

(g) act as agent for the Canadian Veterinary Medical Association in collecting from members fees for membership in that association;

(h) raise money for the objects of the association by all suitable means; and

(i) do the other things and exercise other powers that are incidental or conducive to the attainment of its objects or to the carrying out of the purposes of this Act.

1971 No73 s37

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Constitution of the council

36. (1) There shall be a council of the association consisting of 6 elected councillors, each of whom shall be a member in good standing of the association.

(2) The members of the council shall be elected at the annual general meeting of the association and shall hold office until the next annual general meeting of the association.

(3) Members of the council are eligible for re-election.

(4) Where a member of the council ceases to be a member before his or her elected term expires, the vacancy shall be filled by election made by the remaining members of the council.

(5) A person elected, under subsection (4), to fill a vacancy in the membership of the council shall serve only for the remainder of the then current period, but the person is eligible for re-election.

(6) The council shall convene at the call of the president referred to in section 40 or upon the written request of 3 members of the council.

(7) Where a member of the council absents himself or herself, without the consent of the president, from 2 consecutive meetings of the council, the member's seat may be declared vacant by the council.

1971 No73 s38

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General meeting

37. The association shall hold an annual general meeting at a place and time that may be fixed by the council and the special general meetings that the council may consider advisable, and, upon the written request of 5 association members to convene a special general meeting, the council shall immediately convene a meeting.

1971 No73 s39

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Council quorum

38. At a meeting of the council, the presence of a majority of the members of the council shall constitute a quorum and, unless a quorum is present, business shall not be transacted and the meeting shall be deferred to a later date.

1987 c14 s1

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Association quorum

39. At a meeting of the association a quorum is required to conduct business and a quorum shall exist where,

(a) 6 members of council and at least 1 other member of the association are present; or

(b) 10 or more members of the association are present

and where a quorum does not exist the meeting shall be deferred to a later date.

1987 c14 s1

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President and vice-president

40. (1) The council, at its 1st meeting in each year, shall elect a president and a vice-president from among its members, who shall hold office until their successors are elected.

(2) The same person shall not be elected to the office of president for 2 consecutive periods.

(3) The same person shall not be elected to the office of vice-president for 2 consecutive periods.

(4) The duties of the president and of the vice-president shall be prescribed by by-law of the council.

1971 No73 s41

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Fees and travelling allowances

41. The members of the council shall, for services actually rendered, be paid the fees and travelling allowances that may be fixed by by-law.

1971 No73 s42

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Secretary-treasurer

42. (1) The council, at its 1st meeting in each year, shall elect from among its members and fix the remuneration of a secretary-treasurer, who shall hold office until a successor is elected.

(2) The secretary-treasurer may be re-elected.

(3) The secretary-treasurer shall

(a) have custody of the seal of the association and all books, records and its other property;

(b) deposit, as prescribed by the council, all money received on behalf of the association;

(c) when directed by the council, pay all accounts by cheque signed by himself or herself and countersigned by the president or other officer appointed for the purpose by by-law of the council;

(d) be bonded in an amount to be prescribed by the council; and

(e) perform other duties that may be prescribed by the council by by-law.

(4) Other officers that may be necessary or desirable for the proper functioning of the association shall be elected by and from the council.

1971 No73 s43

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By-laws

43. (1) The council may make by-laws respecting

(a) the admission and registration of, and granting of membership certificates to association members;

(b) designation of classes of association members and providing that some classes of members shall not be required to pay membership fees under this Act;

(c) the register of association members;

(d) the government and discipline of association members;

(e) remission of membership fees or a part of them;

(f) the election of the members of the council and its officers;

(g) the procedure at meetings of the association and the council, the notice for calling meetings and their time and place;

(h) the establishment and functions of committees;

(i) the duties of the president, the vice-president and the secretary-treasurer;

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

(k) the establishment and administration of scholarships, bursaries and prizes;

(l) the establishment and terms and conditions of honourary association membership;

(m) ways and means for continuing education of association members and maintaining a high standard of professional service and ethics;

(n) the management of the property and assets of the association;

(o) special meetings of the association, including scientific sessions of the association;

(p) the provision for investment of money not immediately required for administration purposes of the association, in securities in which trust funds may be legally invested;

(q) the defining of "unprofessional conduct", "negligence", "misconduct", and the designation of criminal offences in respect of section 46;

(r) the appointment of representatives from the association to represent the association at meetings of the Canadian Veterinary Medical Association; and

(s) all other purposes that may be considered necessary or convenient for the benefit and improvement of the association.

(2) As between association members, the decision of the council on the construction and interpretation of the by-laws is final.

(3) A by-law shall not come into force until it has been approved by a general meeting of the members, notice of which meeting to be given by mail to all members at least 30 days before the date of the meeting, and the period of 30 days begins to run at the time the notice is deposited in the post office.

1971 No73 s44

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Membership fees

44. (1) Every member of the association shall annually, before July 2, pay to the secretary-treasurer the membership fee, not exceeding $50, that may be prescribed by by-law, for the year beginning January 1 following, and a membership certificate for the year shall not be issued until the fee has been paid.

(2) The council may by by-law provide that when a member fails to pay the prescribed membership fee before October 2 of the year for which the fee is payable, the membership of the member may, after notice by registered mail to the member, be suspended by the council; a membership so suspended may be reinstated upon payment of the membership fee, together with a penalty not exceeding $10 as may be fixed by the by-law.

(3) When the membership of a member has been suspended under subsection (2), the secretary-treasurer shall make a note of it in the register of members.

1971 No73 s45

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Disciplinary committee

45. (1) There shall be a committee of the association to be called the "Newfoundland and Labrador Veterinary Medical Association Disciplinary Committee", consisting of 3 members.

(2) The members of the disciplinary committee shall be appointed by the council and shall comprise a chairperson designated by the council and 2 other members.

(3) All members of the disciplinary committee shall be appointed from the membership of the association.

(4) All members of the disciplinary committee shall hold office during pleasure of the council.

(5) Where

(a) the office of chairperson of the disciplinary committee becomes vacant; or

(b) a member of the disciplinary committee ceases to be a member,

the council shall immediately fill the vacancy.

(6) Two members of the disciplinary committee shall be a quorum for the transaction of business.

(7) The chairperson of the disciplinary committee shall preside at all meetings of the disciplinary committee.

(8) The council shall, subject to the by-laws, make those rules and regulations consistent with this Act that it may consider necessary for the calling of meetings of the disciplinary committee and the order and conduct of business at the meetings.

1971 No73 s46

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Powers of committee

46. (1) The disciplinary committee may, subject to the by-laws, recommend, in writing, to the council that it

(a) reprimand;

(b) censure;

(c) suspend from membership in the association; or

(d) expel from membership in the association

a member of the association who the disciplinary committee is satisfied is guilty of unprofessional conduct, negligence or misconduct or has been convicted by a court of a criminal offence designated in the by-laws of the council, and the council may, subject to the by-laws, take an action recommended to it by the disciplinary committee.

(2) Upon receiving a written complaint that a member referred to in subsection (1) is guilty of unprofessional conduct, negligence or misconduct or has been convicted of an offence referred to in that subsection, the council shall designate 1 of the members of the association to inquire into the complaint and where the member inquires into the complaint and considers it not to be frivolous or vexatious, the council may fix a time and place for the hearing of the complaint by the disciplinary committee, and notice of the time and place of the hearing, together with a statement of the matter which is to form the subject of the inquiry, shall be communicated by registered mail by the council or the disciplinary committee to the member of the association in respect of whom the complaint is made at least 30 clear days before the date set for the hearing.

(3) The disciplinary committee shall meet at the time and place fixed for the hearing of the complaint referred to in subsection (2) and shall hear the testimony of the witnesses, which shall be given under oath or affirmation, and administered by a member of the disciplinary committee.

(4) For the purposes of a hearing referred to in subsection (3), the disciplinary committee, and each member, is vested with all the powers that are conferred on a commissioner by the Public Inquiries Act, and the disciplinary committee is considered to be an "investigating body" for the purposes of the Public Investigations Evidence Act, and there shall be full right to examine and cross-examine all witnesses called and to bring forward evidence in defence and reply, and section 3 of the Public Inquiries Act shall apply to all the witnesses.

(5) The disciplinary committee and the member of the association against whom the complaint referred to in subsection (2) is made shall each be entitled to be assisted or represented by legal counsel, and the counsel for the disciplinary committee shall be paid by the association.

(6) Where a member of the association against whom the complaint referred to in subsection (2) is made does not attend the hearing after being notified in accordance with that subsection, unless the failure to attend is due to circumstances beyond the member's control and he or she has so advised the disciplinary committee, the disciplinary committee may proceed in his or her absence to hear the witnesses and adjudicate upon the complaint.

(7) Where a complaint against a member of the association is found to be proven, the disciplinary committee may make to the council a recommendation referred to in subsection (1), and the council may take action referred to in that subsection, but the member may upon application to the council, have a reprimand, censure, suspension or expulsion effected under the subsection cancelled in the manner and upon the terms that the council may decide.

(8) A decision of the council on a complaint shall be communicated, by written notice, immediately to the member against whom the complaint was made, by registered mail.

1971 No73 s46

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Appeal

47. (1) Where a member is dissatisfied with the decision of the council, he or she may, within 60 days of receiving the decision of the council, serve on the secretary-treasurer of the association a written notice of intention to appeal the decision of the council to a judge of the Trial Division, and service on the secretary-treasurer shall be thought to be service on the council.

(2) A notice of appeal served under subsection (1) shall be signed by the member concerned or by his or her solicitor or agent and in the notice the grounds of the appeal shall be set out, and that member shall file a copy of the notice in the office of the Registrar of the Supreme Court.

(3) A member shall, within 14 days after service of the notice of appeal under subsection (1), apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the secretary-treasurer of the association a written notice of the day appointed for the hearing, and service on the secretary-treasurer shall be considered to be service on the council.

(4) The judge shall hear the appeal and the evidence brought forward by the member and the council in a summary manner and shall decide the matter of the appeal.

(5) The secretary-treasurer of the association shall produce before the judge on the hearing of the appeal all papers and documents in his or her possession and in the possession of the association, the council and the disciplinary committee affecting the matter of the appeal.

(6) The costs of the appeal are in the discretion of the judge.

(7) An appeal may be taken from an order or decision of the judge to the Court of Appeal upon a point of law raised upon the hearing of the appeal referred to in subsection (1).

(8) A copy of the decision on an appeal shall be filed with the secretary-treasurer of the association and upon receipt of it, and, after the time limited for further appeals has expired, the council shall give effect to it.

1971 No73 s46; 1974 No57 Schs C&D;
1986 c42 Schs A&B

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Effect of reprimand

48. (1) A reprimand, censure, suspension or cancellation made under section 46 or 47 shall not, of itself, affect the competency of the person affected by the reprimand, censure, suspension or cancellation to practise veterinary science in the province.

(2) A notice referred to in subsection 46(2) or subsections 47(1) and (3) shall be considered to have been served at the time when the letter containing the notice would be delivered in the ordinary course of mail, and the service of the notice may be proved by proving that the letter containing the notice was prepaid and properly addressed and posted by registered mail.

1971 No73 s46

PART III
GENERAL

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Courses in veterinary science

49. A person shall not conduct in the province a course in veterinary science without the written authorization of the minister.

1971 No73 s47

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Use of titles

50. A person, other than a person holding a valid licence or renewal of licence under this Act, shall not use the title "Veterinarian" or "Veterinary Surgeon" or

(a) a word;

(b) an abbreviation; or

(c) letters or signs

having a similar significance.

1971 No73 s48

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Fees

51. (1) A person holding a valid licence or renewal of licence under this Act may demand and receive, and sue for in a court, reasonable fees for professional services rendered and the cost of drugs, antibiotics and other materials or appliances supplied.

(2) The province may employ a person licensed under this Act for professional services in connection with the functions of a department of government, at the fees, salaries or other remuneration that may be considered appropriate.

1971 No73 s49

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No fees

52. Other than as provided for in section 51, a person shall not recover in a court of law fees or money for professional services or an operation performed by him or her or for materials or appliances supplied by the person in the practice of veterinary science in the province.

1971 No73 s50

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Action for negligence

53. An action shall not be brought against a person holding a valid licence or renewal of licence under this Act for negligence or malpractice because of professional services requested of or rendered by him or her unless the action is started within 6 months after the matter complained of terminated.

1971 No73 s51

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Witness fees

54. A person holding a valid licence or renewal of licence under this Act is entitled to a professional witness fee for attending a court of law in those cases that relate to veterinary science or the health or condition of an animal.

1971 No73 s52

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Seal

55. All deeds and documents to which the association is a party and to which a seal is necessary shall be authenticated by the common seal of the association and signed by

(a) the president; and

(b) the secretary-treasurer

or other officers that the council may authorize to do so.

1971 No73 s53

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Recovery of fees

56. The association may recover fees or other amounts due the association by members as a private debt due the association in a court.

1971 No73 s54

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Powers of council

57. The affairs of the association shall be managed by the council, and the council may exercise all the powers of the association that are not by this Act or the by-laws of the council required to be exercised by the association at the annual general meeting or ordinary general meetings of the association.

1971 No73 s55

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Financial year

58. The financial year of the association shall be the calendar year.

1971 No73 s56

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Inspection of register

59. The register of members of the association shall be open and subject to inspection at reasonable times on the payment of a fee, not exceeding $0.50 for each inspection, that the council may by by-law determine.

1971 No73 s57

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Offence

60. (1) A person who contravenes this Act is guilty of an offence and liable on summary conviction in the case of a 1st conviction to a fine not exceeding $100 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $200 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a 2nd or subsequent conviction unless it is in respect of an offence committed within 24 months after the date of a previous offence, and if it is not considered a 2nd or subsequent conviction it shall be considered to be a 1st conviction.

1971 No73 s58

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Time limit

61. A prosecution for an offence under this Act shall not be started or process served later than 12 months after the date the offence was alleged to have been committed.

1971 No73 s59

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Returns

62. The secretary-treasurer shall, when required by the minister or the Lieutenant-Governor in Council to do so, transmit to the minister or the Lieutenant-Governor in Council a certified return under the seal of the association setting out all the information relating to the association that may be required.

1971 No73 s60

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Copies of by-laws not to be filed

63. The secretary-treasurer shall file with the minister a copy, certified by the secretary-treasurer, of every by-law and amendment to a by-law made under this Act.

1971 No73 s61

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Schedule A

VETERINARY REGISTER

HOLDERS OF LICENCES TO PRACTISE

Date of Registration

Name

Age

Place of Birth

Residence

Location of Practice

Degree

Date of Diploma and Degree

Institution granting Diploma

1971 No73 Sch A

 

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Schedule B

Form of licence issued under paragraph 16(c) of
the Veterinary Medical Act:

By the power vested in us, ............. is entitled to practise veterinary science in the Province of Newfoundland, with all the rights and privileges that form part of that practice.

WITNESS our signature and the Seal of the board this ...... day of ..............., 19...

Expiry Date .....................

By the power given to the Newfoundland and Labrador Veterinary Licensing Board by section 16 of the Veterinary Medical Act ............... is entitled to practise veterinary science in the province, with all the rights and privileges that form part of that practice.

Signed and sealed by the board this ...... day of ............... 19...

Expiry Date ....................

___________________________
Chairperson, Newfoundland and
Labrador Veterinary Licensing
Board

___________________________
Registrar, Newfoundland and
Labrador Veterinary Licensing
Board

1971 No73 Sch B

©Earl G. Tucker, Queen's Printer