The Discipline Committee is composed of every member of Council. However, it is a committee that is distinct and independent from the College.
The Discipline Committee hears and determines specified allegations of professional misconduct or incompetence of its members. A referral to the Discipline Committee for a discipline hearing is reserved for the most serious allegations of professional misconduct or incompetence. A discipline hearing is a formal process similar to a court proceeding, where a panel of the Discipline Committee hears and considers evidence presented by the College and the member who is the subject of the discipline hearing. When a matter is referred to the Discipline Committee, a panel will be struck. The panel will be composed of a minimum of three persons, of whom, two must be public members.
Discipline hearings are generally open hearings (subject to certain exceptions). The parties in a discipline hearing are the College and the member. A College lawyer will be appointed to prosecute the matter on behalf of the College. The panel will also have a lawyer, called an independent legal counsel, to assist with legal and evidentiary matters. The hearing will be transcribed by a court reporter. Although it is not mandated, it is recommended that members retain legal counsel to assist them at the discipline hearing.
In certain situations, the panel may permit non-parties to participate in the discipline hearing.
The College is obligated to disclose relevant information to the member in advance of the discipline hearing. This is in order to ensure procedural fairness to the member and maintain the integrity of the discipline process. For more information, please read the Rules of Procedure of the Discipline Committee.
The panel makes final decisions based on the evidence and submissions presented.
If the panel determines that the member has committed an act of professional misconduct, or is incompetent, it can make various orders including (but not limited to) ordering a reprimand, suspension, imposition of additional terms, conditions, and limitations on the member’s certificate of registration, payment of fines, and in the most serious of cases, revocation.
The maximum penalty the panel of the Discipline Committee may impose under the Regulated Health Professions Act, 1991, is revocation of a member’s certificate of registration. When a panel makes an order for revocation, the member cannot reapply for reinstatement until at least one year has passed. If the panel finds that the member has committed sexual abuse, and if the sexual abuse involved intercourse, graphic sexual touching, or masturbation, then the panel must automatically revoke the member’s certificate of registration. In these situations, the member cannot apply for reinstatement until five years have passed.
If the panel of the Discipline Committee determines that the member is guilty of professional misconduct or is incompetent, a summary will be posted under the member's profile in the public register and will be summarized in CTCMPAO's annual reports.
Decisions of the Discipline Committee can be appealed to Ontario’s Divisional Court for judicial review. Appeals may only be made on questions of law, not on questions of fact. A notation of the appeal and its outcome will appear on the member's profile in the public register. Filing an appeal does not automatically suspend the Discipline Committee’s order.
