Complaints and Discipline

Hearing Tribunal Hearings

If there is sufficient evidence of unprofessional conduct in an Investigator’s Report, the Complaints Director must refer the matter to a Hearing Tribunal. One of the professional obligations of the CMLTA and its Regulated Members is to provide an adequate complement of volunteers to serve on the Regulated Member Resource List (RMRL). Pursuant to Section 15 of the Health Professions Act, a Council must appoint a minimum of four (4) Regulated Members to the RMRL from which the Hearings Director appoints members to Hearing Tribunals and Complaint Review Committees. In addition to Regulated Members serving on a Hearing Tribunal, the government also appoints Public Members to serve in this capacity and ensure that the best interests of patient safety and public protection are upheld.

A Hearing Tribunal:

  • Act as judge and jury;
  • Balance patient safety and public protection with the rights of the accused Regulated Member;
  • Hear evidence, witness testimony, and consider case law;
  • Determine guilt or innocence;
  • Propose penalty sanctions (general orders, fines, costs);
  • Seek guidance from their independent legal counsel; and
  • Submit a written decision.

The written orders of a Hearing Tribunal may include one or more of the following:

  • Caution the investigated person;
  • Reprimand the investigated person;
  • Impose conditions on the investigated person’s practice permit generally or in any area of the practice of the regulated profession, including conditions that the investigated person:
    – practice under supervision,
    – practise with one ore more other regulated members,
    – not practise in an area of the practice of the regulated profession until the investigated person has successfully completed a specific course of studies or obtained supervised practical experience of a type described in the order,
    – not practise in an area of the regulated profession, or
    – report on specific matters to the hearing tribunal, Council, committee, or individual specified in the order;
  • Direct the investigated person to satisfy the hearing tribunal, committee or individual specified in the order that the investigated person is not incapacitated and suspend the investigated person’s practice permit until the hearing tribunal, committee or individual is so satisfied;
  • Require the investigated person to undertake counselling or a treatment program that in its opinion is appropriate;
  • Direct that within the time set by the order the investigated person must pass a specific course of study, obtain supervised practical experience of a type described in the order or satisfy the hearing tribunal, committee or individual specified in the order as to the investigated person’s competence generally or in an area of the practice of the regulated profession;
  • Suspend the practice permit of the investigated person for a stated period or until:
    – the investigated person has successfully completed a specific course of studies or obtained supervised practical experience of a type described in the order or
    – the Hearing Tribunal or a committee or individual specified in the order is satisfied as to the competence of the investigated person generally or in a specified area of the practice of the regulated profession;
  • Cancel the registration and practice permit of the investigated person;
  • If, in the opinion of the Hearing Tribunal, the investigated person’s fees for professional services were improper or inappropriate or the professional services that the investigated person provided were improperly rendered or required the complainant to undergo remedial treatment, the Hearing Tribunal may direct the investigated person to waive, reduce, or repay the fee for professional services provided by the investigated person;
  • Direct, subject to any regulations under section 134(a), that the investigated person pay within the time set in the order all or part of the expenses of, costs of and fees related to the investigation or Hearing or both, including but not restricted to;
    – the expenses of an expert who assessed and provided a written report on the subject-matter of the complaint,
    – legal expenses and legal fees for legal services, provided to the college, Complaints Director and Hearing Tribunal,
    – travelling expenses and a daily allowance, as determined by the Council, for the Complaints Director, the investigator and the Regulated Members of the Hearing Tribunal who are not public members,
    – witness fees, expert witness fees and expenses of witnesses and expert witnesses,
    – the costs of creating a record of the proceedings and transcripts and of serving notices and documents, and
    – any other expenses of the CMLTA directly attributable to the investigation or Hearing or both;
  • Direct that the investigated person pay to the CMLTA within the time set in the order a fine not exceeding the amount set out in the column of the unprofessional conduct fines table that is specified for the CMLTA in Schedule 11 of the HPA for each finding of unprofessional conduct or the aggregate amount set out in that column for all of the findings arising out of the Hearing; and
  • Any order that the Hearing Tribunal considers appropriate for the protection of the public.

The Hearing Tribunal must, within a reasonable time after the conclusion of a Hearing, make a written decision on the matter in which it describes each finding made, states the reasons for each finding, and states any penalty order(s). The Hearing Director must, on receiving the decision and record of the Hearing, give a copy of the decision to the Complaints Director and Registrar, the complainant, the investigated person, and the Minister of Justice and Attorney General, if so directed or requested.

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