Part XVI transition
In this Part,
“commencement date” means the day on which the Enhancing Professional Care for Animals Act, 2024 receives Royal Assent; (“date d’entrée en vigueur”)
“Council transition period” means the period that begins on the transition date and ends on the first Council date; (“période de transition du conseil”)
“first Council date” means the date on which the first Council, after the Transition Council, is established under this Act; (“date de création du premier conseil”)
“Transition Council” means the Transition Council established under section 100; (“conseil transitoire”)
“transition date” means the day on which section 120 comes into force. (“date de transition”)
(1) Within two months after the commencement date, the College shall establish a Transition Council composed of,
the persons who were members of the Council under the Veterinarians Act immediately before the commencement date; and
no more than 3 persons who are permitted to use the title “Registered Veterinary Technician” under the Ontario Association of Veterinary Technicians Act, 1993 and who are appointed by the Ontario Association of Veterinary Technicians.
If the Ontario Association of Veterinary Technicians fails to appoint any members under clause (1) (b) within two months after the commencement date, the Lieutenant Governor in Council may appoint such members.
If the membership of the Council under the Veterinarians Act changes before the transition date, the membership of the Transition Council shall change accordingly.
The Transition Council shall have the following powers and duties at the following times:
During the period that begins on the commencement date and ends on the first Council date, the Transition Council may make any regulations, by-laws or standards that the Council could make under this Act, but such regulations, by-laws or standards shall not come into effect before the transition date.
During the Council transition period, the Transition Council,
may do anything that is necessary or advisable for the implementation of this Act and anything that the Council could do under this Act, and
shall conduct elections of the first Council for the purposes of section 4 and ensure that the Council is established within nine months after the transition date.
On the first Council date, any powers and duties exercised by the Transition Council are deemed to have been exercised by the Council.
On the first Council date, the Transition Council is dissolved.
The Minister may,
review the Transition Council’s activities and require the Transition Council to provide reports and information;
require the Transition Council to make, amend or revoke a regulation under section 93; and
require the Transition Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act.
If the Minister requires the Transition Council to do anything under subsection (7), the Transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report to the Minister.
If the Minister requires the Transition Council to make, amend or revoke a regulation under clause (7) (b) and the Transition Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.
Subsection (9) does not give the Lieutenant Governor in Council authority to do anything that the Transition Council does not have authority to do.
The Registrar who held a valid appointment under the Veterinarians Act on the transition date shall, on and after that day, continue as the Registrar under this Act until such time as a new Registrar is appointed under subsection 5 (2) of this Act.
(1) A person who was a member of the College of Veterinarians of Ontario immediately before the transition date is deemed, on the transition date, to be a veterinarian member of the College and to hold the class of licence determined under the regulations, subject to such terms, conditions or limitations as are set out in the regulations.
If a person’s membership in the College of Veterinarians of Ontario was suspended under the Veterinarians Act immediately before the transition date, the person’s membership shall continue to be suspended under this Act on and after the transition date in accordance with the same terms, conditions and limitations of the original suspension.
Any terms, conditions, limitations or restrictions imposed on a licence under the Veterinarians Act, or under an agreement or undertaking made pursuant to the Veterinarians Act, that are in effect immediately before the transition date are deemed as of the transition date to be a term, condition, limitation or restriction on the member’s licence under this Act.
(1) A certificate of accreditation that was in force under the Veterinarians Act immediately before the transition date is deemed, on the transition date, to be a certificate of accreditation issued under this Act.
If a certificate of accreditation was suspended under the Veterinarians Act immediately before the transition date, the certificate of accreditation is deemed to be suspended under this Act as of the transition date in accordance with the same terms, conditions and limitations of the original suspension.
Any terms, conditions, limitations or restrictions imposed on a certificate of accreditation under the Veterinarians Act, or under an agreement or undertaking made pursuant to the Veterinarians Act, that are in effect immediately before the transition date are deemed as of the transition date to be a term, condition, limitation or restriction on the certificate of accreditation under this Act.
A certificate of authorization that is in effect immediately before the transition date is deemed, as of the transition date, to be a certificate of authorization issued under the Act authorizing the holder to do the same things that were authorized by the original certificate.
Any member or person who, immediately before the transition date, was subject to any of the following shall continue to be subject to that requirement as if it was issued under this Act on and after the transition date:
An order issued under the Veterinarians Act by a committee, the Board or the Court, including an order to pay fines, costs or expenses of the College of Veterinarians of Ontario or other authorities.
A direction of a committee, the Board or a court.
Any other order, direction or other instruments prescribed by the Minister.
A member who, before the transition date, learns that another member’s fitness to practise may be impaired shall report the impairment in accordance with section 37 within 30 days after the transition date.
(1) The Minister may make regulations,
providing for transitional matters as the Minister considers necessary or advisable to,
facilitate the implementation of this Act, and
address any transitional matters arising as a result of the repeal of the Veterinarians Act;
establishing a transition period before the repeal of the Veterinarians Act during which its application may be phased out;
providing that a provision or requirement of the Veterinarians Act ceases to apply, applies in a modified way or only applies, either as written or in a modified way, to specified geographic areas or specified persons or for a specified period during the transition period;
governing the continuation or conclusion of reviews, hearings, investigations or inquiries commenced under the Veterinarians Act before the transition date;
prescribing orders, directions and other instruments for the purposes of section 105;
governing other transitional matters that may arise due to the anticipated repeal of the Veterinarians Act.
If there is a conflict between a regulation made under this section and a provision of this Act or a regulation made under this Act, the regulation made under this section prevails.
A regulation under this section is, if it so provides, effective with reference to a period before it is filed.
Part XVII (Omitted)
Omitted (provides for amendments to this Act).
-120 Omitted (amends, repeals or revokes other legislation).
Part XVIII (Omitted)
Omitted (provides for coming into force of provisions of this Act).
Omitted (enacts short title of this Act).
Schedule 1 Authorized Activities
The following are authorized activities for the purposes of the Act:
Communicating to an individual a diagnosis identifying a disease, disorder, dysfunction or condition as the cause of an animal’s signs and presentation in circumstances in which it is reasonably foreseeable that the individual will rely on the diagnosis.
Performing a medical assessment to determine the fitness for purpose or soundness of an animal, or group of animals, on which it is reasonably foreseeable that a person or organization will rely on the assessment.
Ordering laboratory tests on an animal or on specimens taken from an animal.
Prescribing a drug.
Compounding, dispensing or selling a drug.
Performing a procedure on tissue below the dermis.
Performing a procedure below the surface of a mucous membrane.
Performing a procedure on or below the surfaces of the teeth, including the scaling of teeth and occlusal equilibration.
Performing a procedure on or below the surface of the cornea.
Setting, immobilizing or casting a fracture of a bone or a dislocation of a joint or a severed tendon.
Administering a substance by injection or inhalation, or monitoring of such injection or inhalation.
Moving the joints of the spine beyond the animal’s usual physiological range of motion using a fast, low amplitude thrust.
Putting an instrument, arm, hand or finger,
beyond the external ear canal,
beyond the point in the nasal passages where they normally narrow,
beyond the larynx,
beyond the opening of the urethra,
beyond the labia majora,
beyond the anus or cloaca, or
into any other natural or artificial opening into the body.
Applying or ordering the application of a prescribed form of energy.
Performing upon an animal any manual procedure for the diagnosis or treatment of pregnancy, sterility or infertility, inclusive of ova and embryo transfer.
Performing allergy testing.
Such other authorized activities as may be prescribed.
The following are exceptions for the purposes of sections 10 and 11 of the Act:
Rendering first aid or temporary assistance in an emergency without fee.
Treating an animal if the person is the owner of the animal, is a member of the household of the owner of the animal or is employed for general agricultural or domestic work by the owner of the animal.
The administration of a treatment plan by a custodian of an animal if the treatment plan is made by a veterinarian member and carried out at the direction of the owner.
Taking blood samples.
Preventing or treating fish and invertebrate diseases or pests in fish or invertebrates.
Such other exceptions as may be prescribed.
The following are exceptions for the purposes of section 10 of the Act:
Collecting or using semen as part of a business that engages in the artificial insemination of livestock.
Implantation of embryos as part of a business that engages in the artificial insemination of livestock.
Confirmation of pregnancy in domesticated farm animals of the genus ovis or capra through ultrasound conducted on the surface of the skin.
Confirmation of pregnancy in livestock through blood or milk analysis as part of a business.
Administration of heat synchronisation injections to livestock as part of a business that engages in the artificial insemination of livestock.
Collecting or transporting ova and embryos of animals other than mammals.
Non-surgical insemination.
Artificial insemination of invertebrates.
Such other exceptions as may be prescribed.