The Fitness to Practise Committee is composed of every member of Council. However, it is a committee that is distinct and independent from the College.
The Fitness to Practise Committee hears and determines matters related to the alleged incapacity of members. The Fitness to Practise Committee is responsible for determining whether a member is unfit to carry out their professional responsibilities or that their certificate should be made subject to terms, conditions or limitations. Incapacitated is defined as a member who is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the member’s certificate of registration be subject to terms, conditions or limitations or that the member no longer be permitted to practise. When a hearing of the Fitness to Practise Committee is required, a panel will be struck. The panel will be composed of a minimum of three persons, of whom, one must be a public member.
Fitness to Practise hearings are closed hearings (subject to the member’s request). The parties in a Fitness to Practise hearing are the College and the member. The College will be represented by a lawyer. The panel will have a lawyer, called an independent legal counsel, to assist the panel 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 Fitness to Practise hearing.
The College is obligated to disclose relevant information to the member in advance of the Fitness to Practise hearing. This is in order to ensure procedural fairness to the member and maintain the integrity of the Fitness to Practise process.
The panel makes final decisions based on the evidence and submissions presented.
If the panel determines that the member is incapacitated it can make various orders including (but not limited to) ordering a suspension, imposition of additional terms, conditions, and limitations on the member’s certificate of registration, and in the most serious of cases, revocation.
If the panel of the Fitness to Practise Committee determines that the member is incapacitated, 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 Fitness to Practise Committee can be appealed to Ontario’s Divisional Court for judicial review. Appeals may be made on questions of law, fact or both. 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 Fitness to Practise Committee’s order.
