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Discipline
Along with the privilege of self regulation comes the authority and
obligation to investigate complaints and possible violations of the Act
and bylaws.
This process may begin in one of two ways:
- A written complaint delivered to the registrar,
Anyone may forward a written complaint to the Registrar. The Registrar
must then assess it, and deliver a recommendation to the Inquiry
Committee; or
- The Inquiry Committee may by its motion decide to investigate a matter.
The Inquiry Committee will only proceed if there is a reasonable indication of some probable wrong doing.
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The discipline process has two stages, Inquiry and Discipline.
INQUIRY
The Inquiry Committee:
- Must Investigate the complaint
- May take no further action
- May attempt to resolve the complaint by agreement
- May direct the registrar to issue a citation for a Hearing.
The Inquiry Committee tries to resolve complaints by
agreement. This agreement is formalized in a Consent Order. A Consent
Order may provide remedial terms and conditions.
The Inquiry Committee delivers its decision to the complainant and the Board. The complaint is usually resolved at this state.
The Board may however direct the Inquiry Committee to either proceed with a Consent Order or to issue a Citation for a Hearing.
A Complainant who is dissatisfied may also appeal the
decision of the Inquiry Committee to the Board who can then proceed as
above.
DISCIPLINE
The Citation sets out the place date and time of
the Hearing, among other things.
The Discipline Committee has conduct of the proceedings from this point
forward until the resolution of the complaint, and has a number of
duties set out in section 38.
On completion of the Hearing, by order, the Discipline Committee may do one or more of the following:
- Set limits or conditions on the respondent's practice
- Suspend registration
- Cancel registration
- Fine the respondent up to a maximum of $20,000
- Assess costs or part of the costs of the hearing.
APPEALS
The Board or a person aggrieved or adversely affected
by an Order the Discipline Committee may appeal to the Supreme Court.
Section 40.
REMEDIES
In addition to the authorities cited above, the legislation provides the College with the means to:
- Gain evidence relevant to the inquiry and discipline process via inspections
- Refer matters that are an offence under the Offence Act, to crown counsel
- Seek an interim or permanent injunction, at the Supreme Court, to stop a violation of the Act/Bylaws
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In extraordinary circumstances the Inquiry Committee may during the
course of an investigation or pending a hearing, set limits or
conditions on a registrants practice, or suspend a registrants right to
practice.
INSPECTIONS
The College has the authority to inspect:
- The premises
- Equipment
- Materials
- Records, and the
- Practice of registrants
without notice during regular business hours.
From time to time, allegations may arise which involve non registrants
or which may require action beyond those noted above. In those
circumstances, the College also has the authority to enter into the
premises with a court order to:
- Conduct an inspection, examination or analysis
- Required the production of records or property
- Copy materials, or
- Seize materials
For further information refer to the Inquiry and Inspections Brochure, and Part 3 of the Health Professions Act.
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