Under section 208 of the Code of Ethics, which is set out in Part 4 of the Bylaws, registrants are required to report certain matters involving misconduct, incompetence, incapacity and unauthorized practice to the College.
The duty to report is a mandatory professional obligation that is fundamental to the College’s ability to regulate the practice of veterinary medicine in BC in the public interest. The duty to report supports the College’s ability to fulfill its statutory mandate under the Veterinarians Act by bringing concerns related to the practice of veterinary medicine to the College’s attention.
The public and the profession expect that a registrant will not stand by if they see something in practice that is incompatible with the safe, competent, and ethical practice of veterinary medicine.
The duty to report requires a registrant to report themselves, another registrant, or a person who is not a registrant to the College in specific situations.
Duty to report yourself
A registrant must immediately report themselves to the College if they have been:
(a) charged with an offence under the Criminal Code of Canada or the Prevention of Cruelty to Animals Act, or
(b) named in a legal action filed in a civil court or before an administrative tribunal,
which, if proven, could give rise to concerns about the registrant’s competence or fitness to practise as a veterinarian.
Duty to report another registrant
A registrant must immediately report another registrant or former registrant to the College if they have reason to believe that the registrant or former registrant:
(a) has contravened the Veterinarians Act;
(b) has failed to comply with a limitation, term or condition imposed under the Veterinarians Act;
(c) has been convicted in any jurisdiction of an offence that could give rise to concerns about the registrant’s competence or fitness to practise as a veterinarian;
(d) has engaged in unprofessional conduct or any conduct unbecoming a registrant;
(e) has incompetently practised veterinary medicine; or
(f) may be suffering from a physical ailment, emotional disturbance or an addiction to any substance that impairs his or her ability to practise veterinary medicine.
Duty to report a person who is not a registrant
A registrant must immediately report a person who is not a registrant to the College if they have reason to believe that the individual has or may have contravened the Veterinarians Act. This includes reporting the unauthorized practice of veterinary medicine.
A registrant can make a report to the College by emailing complaints@cvbc.ca. When making a report to the College, please include the following information:
The matters that a registrant must report to the College involve concerns related to the practice of veterinary medicine. If a report engages one of these concerns, the College will handle it in accordance with the processes set out in the Veterinarians Act.
The College handles concerns related to a registrant’s practice of veterinary medicine in accordance with the complaints and investigations process set out in Division 2 of Part 4 of the Veterinarians Act. The Complaints Process page has more information about the College’s complaints and investigations process.
For concerns related to the unauthorized practice of veterinary medicine, the Veterinarians Act gives the College the power to apply to the BC Supreme Court for an injunction to restrain an individual from engaging in the unauthorized practice of veterinary medicine. The Unauthorized Practice page has more information about the College’s process for handling unauthorized practice matters.
A registrant cannot satisfy their duty to report by making an anonymous report to the College.
The duty to report is an ongoing professional obligation that requires registrants to cooperate and assist the College with regulating the veterinary profession in BC in the public interest. A registrant must identify themselves in making a report to the College for the following reasons:
The College is required to protect most information relating to the investigation of a registrant or individual. There are certain exceptions to this requirement, such as the College’s obligation to publish disciplinary outcomes. However, disciplinary publications typically do not include information identifying who reported a concern to the College.
The College is required to employ investigation practices that are fair. To meet this requirement, a registrant or individual under investigation is generally entitled to know who reported them to the College and receive sufficient details about the events in question to be able to fairly respond to the College’s investigation.
Furthermore, the College has specific obligations under the Bylaws about notifying a registrant of an investigation. Under section 272(1)(b) of Part 5 of the Bylaws, the College must provide the subject registrant with “a copy of the written complaint or a summary of the complaint.” The only exception to this requirement is if the Investigation Committee considers it appropriate to act under section 272(2) of Part 5 of the Bylaws, which gives the Investigation Committee the power to “decline to identify the complainant or the source of the complaint, if the Investigation Committee is of the view that such disclosure may place the complainant at risk of harm.”
Updates will depend upon whether the registrant is reporting themselves, another registrant or an individual engaged in unauthorized practice.
As set out above, the College is required to protect information relating to the investigation of a registrant or individual unless the College has an obligation or right to disclose certain information. Accordingly, a reporting registrant will only receive updates or information about a report in compliance with the College’s obligations of confidentiality. The most common scenarios are discussed below.
When a registrant reports themselves to the College, they may become the subject of an investigation. The College has an obligation to provide a registrant under investigation with sufficient information to allow them to respond to the investigation and to inform them of the outcome of the investigation.
When a registrant reports another registrant to the College, the reporting registrant has the option of either being a complainant or a witness. If the reporting registrant elects to be a complainant, their report will be handled as a complaint. The College has an obligation to report the outcome of a complaint to the complainant. If a registrant elects to be a witness, the Investigation Committee will be asked to consider directing an investigation into the report on its own initiative – a separate process. Accordingly, if a reporting registrant elects to be a witness, the College will not disclose information to the reporting registrant unless it is for the purpose of assisting the College’s investigation.
If a registrant’s report relates to an individual who is potentially engaged in unauthorized practice, the College will not generally disclose information to the reporting registrant unless it is for the purpose of assisting the College’s investigation. If an unauthorized practice investigation results in legal proceedings, those may be publicly reported.
The duty to report is a professional obligation under the Code of Ethics established in the College’s Bylaws. A registrant’s failure to make a report in circumstances where they are required to is a violation of the Code of Ethics which could lead to possible disciplinary action.