Consultation Document July 2017 | Page 31

• Investigator Powers •
Existing Provisions
The Act states that a person appointed to make an investigation “ may inquire into and examine the practice of the member or former member in respect of whom the investigation is being made and may , upon production of his or her appointment , enter at any reasonable time the business premises of the member or former member , make reasonable inquiries of any person and examine documents and things relevant to the subject-matter of the investigation .”
What Change is Proposed ?
The proposed additions to the existing provisions related to investigator powers include that an investigator :
i . may inspect or observe the practice of veterinary medicine performed by a member or under the supervision of a member
ii . may take photographs or make audio or video records relating to the member ’ s practice of veterinary medicine
iii . may remove original versions of evidence where necessary ( for example , where an original document is necessary to prove tampering or fraud )
iv . may use any data storage , processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the investigation and that is in any form
v . may , upon giving a receipt for them , remove for examination and testing and may copy anything relevant to the investigation and testing , including any data storage disk or other retrieval device in order to produce information
vi . may conduct tests that are reasonably necessary
vii . may , upon giving receipt for them , require a person to produce any documents , records , equipment , supplies and such other things of the person being investigated that the investigator determines are relevant to the investigation , including using any data storage , processing or retrieval device or system to produce information that is relevant to the inspection and that is in any form , and the person shall produce the things required and provide the assistance .
Why is the College Considering Changes to this Concept ?

Modernizing the Practice of Veterinary

Medicine

INVESTIGATIONS & RESOLUTIONS

• Investigator Powers •

While the existing provisions in the Act related to investigator powers already provide sufficient breadth to the investigator ’ s powers , the proposed provisions are intended to ensure that the Act remains current , and clearly and explicitly lays out the investigator ’ s powers to perform his or her duties effectively . The suggested amendments also acknowledge the technological advances that have taken place since the current Veterinarians Act came into force , and allow for the retrieval of any data storage , processing or retrieval device or system to produce information that is relevant to an investigation .
Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario 31