|
SPPA - Exemptions to Application of the Act [SPPA s.3(2)]. Covant v. College of Veterinarians of Ontario
In Covant v. College of Veterinarians of Ontario (Div Ct, 2021) the Divisional Court considered whether the SPPA applied to a body that had statutory authority to make it's own Regulations [subject to Cabinet approval: Veterinarians Act s.7]:[39] Subsection 7(4) of the Veterinarians Act sets out the notice requirements where a regulation is made or amended, as follows:(4) The Council shall,
(a) forward a copy of each regulation made under subsection (1) to each member of the College; and
(b) keep a copy of each regulation made under subsection (1) available for public inspection in the office of the College. [40] Subsection 43(1) states that notice is sufficiently given if delivered personally or by mail.
[41] In my view, the panel correctly determined that the amendments to the General Regulation, including s. 33(2)(d), were properly enacted. The panel found that the College, in exercising its regulation-making function, did not owe Dr. Covant or its members, a duty of procedural fairness akin to the duty owed in a disciplinary proceeding. As long as the Council followed the statutory requirements of s. 7 of the Veterinarians Act, as addressed further below, the College was not required to take any additional steps to fulfil any common law or statutory duty of procedural fairness.
.....
[42] As noted by the College, s. 3(2)(h) of the SPPA states that the Act does not apply to a proceeding “of a tribunal empowered to make regulations, rules or by-laws in so far as its power to make regulations, rules or by-laws is concerned.”
[43] In addition, the case law relied upon by the Appellant, both before the Discipline Committee and on appeal, does not support his position. In Chalmers v. Toronto Stock Exchange (1989), O.R. (2d) 532, 40 Admin. L.R. 311 (C.A.), the Ontario Court of Appeal held only that a tribunal’s discipline proceedings must comply with the SPPA. In McGill v. Brantford (City of) (1980), 1980 CanLII 1741 (ON SC), 28 O.R. (2d) 721, 111 D.L.R. (3d) 405(Div. Ct.), the court held that the SPPA did not apply to a council passing a by-law. ...
|
