The Hearing
Under the Health Disciplines Act, all hearings are open to the public. At the discretion of the Hearing Tribunal and when deemed to be in the best interest of the parties, hearings may be held in private, either in part or in whole.
If a complaint has been referred to hearing, a Hearing Tribunal is struck from a list of volunteer regulated practitioners. A large part of self-government depends upon the concept of peer review. It is for members of the profession, themselves subject to the same rules and standards, to judge whether any set of statements or actions constitutes unskilled practice or professional misconduct, and, in addition, to decide the resolution for that conduct.
The onus of proof is on the College who shall present evidence to establish a reasonable likelihood that professional misconduct or unskilled practice did occur.
On conclusion of the Hearing, upon receiving witness testimony and evidence presented by the College and investigated practitioner, the Tribunal will meet privately to deliberate and determine if the conduct of the registered practitioner:
- Is detrimental to the best interests of the public;
- Does contravene the Health Disciplines Act or EMT Regulations; or,
- Does display a lack of knowledge, skill or judgment in their practice.
Joint Submission on Facts/Penalty
In cases where the investigated practitioner may be willing to admit to unskilled practice or professional misconduct, often a joint agreement on the facts of the case will be prepared and presented to the Hearing Tribunal. This document is typically prepared by the College’s legal counsel with consent and approval from the investigated practitioner. Entering into an agreement on facts eliminates the need to call witnesses or enter evidence.
The Joint Agreement on Facts may or may not be accompanied by a Joint Submission on Penalty. If there is no agreement on Penalty, the Tribunal will receive submissions on penalty from both parties and make a ruling.
Sanctions
If the Hearing Tribunal finds the conduct of an investigated person constitutes unskilled practice or professional misconduct the Hearing Tribunal must decide on penalty and make an Order. In accordance with Section 42 of the Health Disciplines Act, the Order may include a reprimand, suspension or cancellation of registration, assignment of costs related to the complaint and various rehabilitative or remedial activities or any Order as considered appropriate.
Discipline Hearing Procedure Card