Consultation Document July 2017 | Page 66

or declaration or by making a fraudulent representation or declaration , either orally or in writing , is guilty of an offence and on conviction is liable to a fine of not more than $ 5,000 .
Limitation period
( 3 ) Proceedings to obtain a conviction for an offence under subsection ( 1 ) or ( 2 ) shall not be commenced after the expiration of one year after the date on which the offence was , or is alleged to have been , committed .
Proposed Provisions
It is proposed that the provisions in the Act related to offences be amended to update the fine amounts , and include a number of new provisions related to offences to modernize these provisions :
Unauthorized Practice
• It is proposed that the unauthorized practice provision be amended to prohibit the performance of controlled acts , inclusive of the risk of harm clause , by those who are not authorized to perform them and contravention of this provision would be an offence . On conviction , a person who contravened this provision would be liable for the first offence to a fine of not more than $ 25,000 and for each subsequent offence to a fine of not more than 50,000 . It is also suggested that persons who are found guilty of contravening this term may also be liable for imprisonment for a term of not more than one year .
Responsibility of employers
• It is proposed that a provision be added that states that the employer of a person who contravenes the section of the act prohibiting the performance of controlled acts by those who are not authorized to perform them , and who have not been delegated the authority to perform the specific controlled act , while acting within the scope of his or her employment , is guilty of an offence and on conviction is liable to a fine of not more than $ 25,000 for a first offence , and not more than $ 50,000 for a second or subsequent offence .
Responsibility of directors of corporate employers ( new proposed provision )
• In addition , it is proposed that a provision be added that states that if the employer described above is a corporation , every director of the corporation who approved of , permitted or acquiesced in the contravention is guilty of an offence and on conviction is liable to a fine of not more than $ 25,000 for a first offence , and not more than $ 50,000 for a second or subsequent offence .
Use of titles
• It is proposed that every person who contravenes a provision related to the use of titles is guilty of an offence and on conviction would be liable for the first offence to a fine of not more than $ 25,000 and for each subsequent offence to a fine of not more than $ 50,000 .
Falsification of documents
• It is proposed that any person who makes or causes to be made a wilful falsification in a matter relating to a register or directory or issues a false licence , certificate of accreditation or document with respect to the issuance of a licence or certificate of accreditation is guilty of an offence and on conviction would be liable to a fine of not more than $ 25,000 and for each subsequent offence to a fine of not more than $ 50,000 .
Offences for false representation
• It is proposed that every person who wilfully procures or attempts to procure the issuance of a licence or a certificate of accreditation under the Act by knowingly making a false representation or declaration or by making a fraudulent representation or declaration , either orally or in writing , is guilty of an offence and on conviction would be liable to a fine of not more than $ 25,000 and for each subsequent offence to a fine of not more than $ 50,000 .
Orders Preventing Public Disclosure
• It is proposed that a provision be added that states that every person who contravenes provisions relating to :
1 . where the Council excludes the public from meetings , and makes an order to prevent the public disclosure of matters disclosed in the meeting , including banning publication or broadcasting of those matters ; or
2 . where a panel of the Discipline Committee , Accreditation Committee , or Registration Committee makes an order that the public be excluded from a hearing in order to prevent the public disclosure of matters disclosed at the hearing , including orders banning the publication or broadcasting of those matters is liable in the case of an individual to a fine of not more than $ 25,000 for a first offence and not more than $ 50,000 for a second or subsequent offence , or
66 Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario