College of Veterinarians of British Columbia FRAMEWORK FOR THE COLLEGE S NEW BYLAWS

Transcription

1 College of Veterinarians of British Columbia FRAMEWORK FOR THE COLLEGE S NEW BYLAWS Prepared by: George K. Bryce, bylaw counsel Current to: May 6, 2012 Introduction... 2 Governance Bylaws... 3 Part 1 General Provisions... 3 Part 2 Council... 3 Part 3 General Matters... 3 Part 4 - Registrant Approval of Bylaws... 4 Registration Bylaws... 5 Practice Regulation Bylaws... 6 Part 1 Registrant Standards, Codes, Etc Part 2 Practice Accreditation... 6 Part 3 Quality Assurance... 6 Complaints, Resolution and Discipline Bylaws... 7 Part 1 Complaint Investigation... 7 Part 2 Resolution of Complaints... 8 Part 3 Disciplinary Hearings... 8 Technician Certification Bylaws

2 INTRODUCTION The purpose of this document is to provide a Framework for the New Bylaws that I will be preparing for consideration by the Legislation/Bylaws Committee, and eventually the Council of the CVBC. With approval of this framework by the Committee, I will proceed to draft the New Bylaws. This proposed framework for the New Bylaws is based upon the organization of the Veterinarians Act, SBC 2010, c.15, but consideration has also been given to the following: The BCVMA Bylaws, as revised and consolidated up to Sept. 10, 2011, including appendices ( Old Bylaws ); CVBC Transition Bylaw, O/C 417/2010 ( Transition Bylaw ). For certain bylaws proposed in this Framework, I will offer comments in footnotes or brackets to better explain that bylaw or set of bylaws. References within square brackets denoted with red text are to specific provisions of the Act that provide the bylaw- making authority for that bylaw or set of bylaws. References in blue text is to a provision of the Act that relates to the bylaw or set of bylaws in question. A bylaw cannot conflict with a provision of the Act, but a bylaw may provide more details than set out under the Act. While drafting the New Bylaws, I will quote from those substantive provisions of the Act that apply so as to help avoid a conflict. References in green text are to sections of the Old Bylaws or the Transition Bylaw that also apply. However, only those provisions in the Old Bylaws or Transition Bylaws that are not already covered under the bylaw- making authorities of the Act will be noted in this Framework. The CVBC Bylaws will be set out in a series of five sets: 1. Governance (e.g. Council, committees, AGMs, bylaw approval, etc.) 2. Registration (e.g. criteria, process, examinations, etc.) 3. Practice Regulation (e.g. Code of Ethics, advertising, facility accreditation, etc.) 4. Complaints, Resolution and Discipline 5. Technician Certification If necessary, these proposed five sets can be combined or further divided. 2

3 GOVERNANCE BYLAWS Part 1 General Provisions Definitions (words or terms not already defined under Act, that have general application throughout all the Bylaws) [ref. s.1 Old Bylaws] Interpretations (if necessary) Part 2 Council Council composition, elections, terms of office, remuneration and expenses, and removal [ref. s.6 Vet Act] Council meetings; time, place, calling and conduct of meetings, 1 quorum and resolutions [ref. s.9 Vet Act] NOTE: See also sections 12 to 25 of the Transition Bylaws. General bylaw making authority (Council s authority to approve policies, procedures, guidelines, etc.) [ref. s.8 Vet Act] Appointment, removal, powers and duties, and expenses of registrar, deputy registrar and officers, etc. [ref. s.11 Vet Act] NOTE: The following provisions of the Vet Act apply with respect to the appointment of the registrar or deputy registrar and, therefore, should not be duplicated in the New Bylaws: Registrar and deputy registrar [ref. s.31 Vet Act] Election of certified technicians to Council, if applicable; including time, manner and procedure of election, voting eligibility, etc. 2 [ref. s.23 Vet Act] President, Vice- President, Secretary- Treasurer: duties and powers [ref. ss.5 to 7 Old Bylaws] Part 3 General Matters Establishment of mandatory committees (those that the Council must establish that have a specific mandate under the Act; e.g. registration, investigation and discipline) [ref. s.5 Vet Act] NOTE: See also sections 36 to 46 of the Transition Bylaws re: Registration Committee; sections 47 to 51 re: the Investigation Committee; and sections 52 to 54 re: the Discipline Committee. 1 This is likely to include a bylaw giving the Council the power to approve detailed policies and procedures to govern the conduct of its meetings, such as the recently approved Council Meeting Policies and Procedures governing when the Council holds open meetings, and when it will go in camera to hold closed meetings. 2 These bylaws could be placed within Part 9 re: Certified Technicians; see below. 3

4 Creating non- mandatory committees (those that do not have a specific mandate under the Act; e.g. : practice inspection, finance, legal affairs, human resources, nominations, etc.), including composition, appointments of non- registrants, duties and powers of committee, panels of a committee, etc. [ref. s.10 Vet Act] NOTE: See also sections 55 to 61 of the Transition Bylaws re: Practice Inspection Committee. Advisory committees for certified technicians [ref. s.21 Vet Act] Rules that apply to all committees [ref. s.10 Vet Act] College communications and website [ref. s.14 Vet Act] Special assessments (levies) [ref. s.15(b) & (c) Vet Act] Establishing benevolent, scholarship and other college funds [ref. s.19(a) Vet Act] General administration and operations of the college [ref. s.19(b)) Vet Act] Financial matters: cheques, fiscal year, auditor [ref. ss.10 to 12 Old Bylaws] Calling a registrant meeting, including time, place, conduct and quorum. [ref. s.16 Vet Act] Part 4 - Registrant Approval of Bylaws NOTE: The following provisions also apply with respect to registrant approval of bylaws: The scope of the bylaws registrants must approve (see below), simple majority vote, etc. [ref. s.26 Vet Act] See also sections 2 to 11 of the Transition Bylaw. 3 Under section 26(2) of the Vet Act, registrants have been granted the authority to either approve or reject all bylaws, except those concerning (a) establishing non- mandatory committees under section 10(1), (b) general administration under section 19, and (c) establishing a certified technicians advisory committee under section 12. And section also does not give registrants the authority to approve or reject bylaws that are imposed on the College by the Minister or Cabinet. 4 Eligibility to vote, form of voting, timing, procedures, etc. [ref. ss.7 Vet Act] 3 As sections 2 to 11 of the Transition Bylaws set out existing rules governing registrant approval of the bylaws, I would recommend these provisions form a separate part of the New Bylaws. 4 It may not make much sense to separate out the few bylaws that registrants are NOT entitled to approve from the much broader scope of bylaws they are entitled to approve. 4

5 REGISTRATION BYLAWS Establishing the classes of registrants, including (if needed) honorary, lifetime, limited practice, etc. 5 [ref. s.13(a) & (b) Vet Act] Criteria to become a registrant (by each class), including academic requirements, competencies, good character, etc. [ref. s.12 Vet Act] Process for applying to become a registrant, including substantial equivalency, examinations, registration hearings, etc [ref. s.12 Vet Act] Fees for registration [ref. s.15(a) Vet Act] Recognition of specialties [ref. s.13(d) Vet Act] Register and online registry, including information to be included, posting on- line, removal from on- line, etc. [ref. s.14 Vet Act] NOTE: The following provisions of the Vet Act also apply to Registration and, therefore, should not be duplicated in the New Bylaws: Registration applications determined by registrar [ref. s.32 Vet Act] and duty to comply with registration committee direction [ref. s.35(4) Vet Act] Registration applications determined by registration committee [ref. s.33 Vet Act] Registration hearings [ref. s.34 Vet Act] Action by registration committee re: register, refuse to register, set limits or conditions, limit period of registration, etc. [ref. s.35 Vet Act] Registration applications if Labour Mobility Act applies [ref. s.36 Vet Act] Appeal of registration committee decision to Supreme Court [ref. s.37 Vet Act] Content of register and the registrar s duties re: same [ref. s.39 Vet Act] Inspection of register [ref. s.40 Vet Act] Content of and access to the on- line register [ref. s.41 Vet Act] Certificate as evidence (of registration) [ref. s.42 Vet Act] 5 NOTE: As the College is not a professional association, I will be recommending the classes of social, life and honorary memberships not be continued within the Bylaws. Other regulated professions do not contain such classifications within their college bylaws. These are, however, commonly found in the bylaws of membership promotion associations or societies. 5

6 PRACTICE REGULATION BYLAWS Part 1 Registrant Standards, Codes, Etc. Standards of practice for veterinary medicine [ref. s.17(a) Vet Act] Code of Ethics [ref. s.17(b) Vet Act] Advertising [ref. s.17(f) Vet Act] Client, administrative and accounting records [ref. s.17(g) Vet Act] Professional liability insurance [ref. s.17(h) Vet Act] Designated member [ref. s.37.1 Old Bylaws] Delegation of veterinary practice to certified technicians, etc. [ref. s.20(a) & (b) Vet Act] 6 Supervision of non- certified technicians [ref. s.17(e) Vet Act] Training and supervision of employees, students, etc [ref. s.17(i) & (j) Vet Act] NOTE: The following provisions of the Vet Act also apply to the Regulation of Registrants and, therefore, should not be duplicated in the New Bylaws: Registrants' entitlement to practise [ref. s.38 Vet Act] Registrant liability for professional negligence is not affected if registrant practises veterinary medicine as an employee of a corporation [ref. s.72 Vet Act] Part 2 Practice Accreditation NOTE: There does not appear to be any provision in the Vet Act that speaks to this program. The provisions re: appointment of inspectors, etc. [ref. s. 49 Vet Act] may have some application, but these provisions do not appear to provide sufficient authority for this program. For example, there is no provision in the Act that states that a Registrant may not operate a facility unless it has been accredited by the College [but such a rule is set out in s.38(1) Old Bylaws]. Requirement that every practice facility be accredited by PAC, frequency of inspections, etc. [ref. s.38 Old Bylaws] Appointment of PAC, mandate, etc. [ref. s.39 Old Bylaws] Appointment of practice inspectors, duties, etc. [ref. s.40 Old Bylaws] Cancellation of accreditation [ref. s.41 Old Bylaws] Part 3 Quality Assurance Continuing education and competency programs [ref. s.17(d) Vet Act] 6 The bylaws under section 20(a), (b) and (e) of the Act may fit better into the fifth set of bylaws governing Technician Certification. 6

7 COMPLAINTS, RESOLUTION AND DISCIPLINE BYLAWS Part 1 Complaint Investigation Receipt of complaints, etc. [ref. s.18 Vet Act] Confidentiality [ref. s.60 Old Bylaws] NOTE: The following provisions of the Vet Act also apply to Complaint Investigations and, therefore, should not be duplicated in the New Bylaws: Appointing inspectors; registrar is a deemed inspector [ref. s.49(1) & (2) Vet Act] Authority of an inspector to inspect, make copies, take photographs, etc. [ref. s.49(3) & (4) Vet Act] Inspector may report results of an inspection to the investigation committee [ref. s.49(5) Vet Act] Persons may deliver written complaints, which registrar must forward to the investigation committee [ref. s.50 Vet Act] Investigation committee may dismiss all or part of a complaint without investigation in prescribed circumstances, and must so report to Council, complainant and registrar [ref. s.51 Vet Act] Investigation committee must investigate complaints, other than dismissed ones [ref. s.52(1) Vet Act] and may investigate on its own initiative for prescribed matters [ref. s.52(2) Vet Act] Investigation committee may direct an inspector to conduct a compalint investigation [ref. s.52(4) Vet Act] Investigation committee (or authorized delegate) may apply to Supreme Court for search and seizure orders, and consequential reporting re: same [ref. s.53 & S.54 Vet Act] Registrants must cooperate with investigations committee [ref. s.52(3) Vet Act] and not obstruct and inspection or investigation [ref. s.56 Vet Act] After an investigation, the investigation committee must dismiss a complaint or request a reprimand or remedial action by consent, with certain pre- conditions [ref. s.57(1) to (3) Vet Act] Investigation committee may direct the registrar to issue a citation to commence a disciplinary hearing [ref. s.58 Vet Act] Investigation committee able to take extraordinary action to protect the public interest during an investigation or prior to a hearing [ref. s.65 Vet Act] Investigation committee may request a registrant to a reprimand or remedial action by consent, and consequences of acceptance or rejection [ref. s.66 Vet Act] Registrant may give a written proposal to resolve a complaint, and consequences of acceptance or rejection [ref. s.67 Vet Act] Investigation committee must direct registrar to notify public of result of complaint investigation, with certain limits or conditions [ref. s.68 Vet Act] 7

8 Part 2 Resolution of Complaints Alternative complaint resolution; e.g. mediation of bona fide complaints, consent resolutions, etc. [ref. s.58 Old Bylaws] Part 3 Disciplinary Hearings Detailed rules re the conduct of hearings, including practices and procedures, etc. [ref. s.18(a) Vet Act] Maximum fine that can be imposed [ref. s.18(b) Vet Act] Award of costs that can be imposed [ref. s.18(c) & (d) Vet Act] NOTE: The following provisions of the Vet Act also apply to Disciplinary Hearings and, therefore, should not be duplicated in the New Bylaws: Discipline committee must hear and determine a complaint or other matter set in an issued citation [ref. s.59(1) Vet Act] Parties at a hearing, and use of legal counsel [ref. s.59(2) Vet Act] Rules re: members of discipline committee [ref. s.59(3) to Vet Act] Conduct of discipline hearing, etc. [ref. s.59(4) to (9) Vet Act] Discipline hearings are public, unless [ref. s.60 Vet Act] Orders the discipline committee may make at end of hearing [ref. s.61 Vet Act] Staying a discipline committee order pending completion of an appeal to the Supreme Court [ref. s.62 Vet Act] Awards of costs depending on outcome of a disciplinary hearing [ref. s.63 Vet Act] Appeals on discipline decisions to the Supreme Court [ref. s.64 Vet Act] Discipline committee able to take extraordinary action to protect the public interest during a hearing and when making orders [ref. s.65 Vet Act] Registrant may give a written proposal to end a discipline hearing, and consequences of acceptance or rejection [ref. s.67 Vet Act] Discipline committee must direct registrar to notify public of result of discipline hearing, with certain limits or conditions [ref. s.68 Vet Act] 8

9 TECHNICIAN CERTIFICATION BYLAWS Establishing a Technician Certification Committee (or delegating certification functions to the Registration Committee, Registrar, etc.) [ref. s.22(1) Vet Act] Establishing one or more classes of certified technicians [ref. s.20(a) Vet Act] Criteria to become a registrant (by each class), including academic requirements, competencies, good character, etc. [ref. s.22(1)(b) & s.22(2) Vet Act] Process for applying to become a registrant, including substantial equivalency, examinations, registration hearings, etc. [ref. s.22(1)(b) & s.22(2) Vet Act] Impose and remove limits or conditions on the certification of an individual as a certified technician [ref. s.22(1)(c) Vet Act] Fees for certification, and special fees or assessments, etc. [ref. s25 Vet Act] List of certified technicians and public access to same [ref. s.22(1)(d) Vet Act] Regulating the practice of certified technicians, including standards, limits or conditions on their practice, standards of practice and ethics, advertising, record keeping, liability insurance, etc. [ref. s.24 Vet Act] NOTE: The following provisions of the Vet Act also apply to Certified Technicians and, therefore, should not be duplicated in the New Bylaws: Certification hearings [ref. s.43 Vet Act] Appeal of certification decisions to the Supreme Court [ref. s.44 Vet Act] Certification technicians entitlement to practice [ref. s.45 Vet Act] 9