Consultation Document July 2017 | Page 57

Concept Confidentiality and Immunity Current Provisions Proposal The confidentiality provisions in the Veterinarians Act provide that individuals engaged in the administration of the Act must preserve confidentiality with respect to all matters related to his or her duties, employment, examination, review or investigation, except for defined exemptions. These exemptions include circumstances in which the person to whom the information relates has provided consent or where permitted by law. 14 Further, it provides that no person to whom the above section applies shall be required to give testimony or to produce any document or thing in any action or proceeding about information obtained during his or her duties, employment, examination, review or investigation except in a College-related proceeding. There is also a robust provision for immunity 15 where a decision is made in good faith by the College, the Council, a committee of the College or a member of the Council or a committee of the College, or an officer, employee, agent or appointee of the College. The provisions also include a section related to the indemnification of members of the Council or a committee of the College and every officer and employee of the College out of the funds of the College against all costs, charges and expenses incurred in relation to an action or proceeding related to the execution of his or her duties unless brought about by willful neglect or default. It is proposed that the confidentiality provision of the Veterinarians Act be updated to include more exceptions to the duty of confidentiality, including disclosure of confidential information to a police officer, to advise whether the College is investigating a member, if there is a compelling public interest in the disclosure of that information, and if there are reasonable grounds to believe that the disclosure is necessary for the purpose of eliminating or reducing a risk of harm to a person or animal or group of persons or animals. An amendment is also proposed to the confidentiality provision that would prevent evidence generated under a College proceeding to be able to be used in a civil proceeding. It is also proposed that the wording of the immunity provision should be broadened to include committee panels. Further, it is recommended that the indemnity provisions in the Act should be moved to by-law. 14 Veterinarians Act, R.S.O. 1990, c. V.3, s 38. 15 Veterinarians Act, R.S.O. 1990, c. V.3, s 45. Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario  57