Once a complaint meets the requirements under the HPA, and is sent to investigation by the either the complaints director, or the Complaints Review Committee, the investigated person will receive:
• Confirmation that an investigation will be conducted,
• The name of the investigator,
• A copy of the signed complaint report form,
• Information surrounding the right to be represented by legal counsel,
• Direction to cooperate with the investigator.
Pursuant to 63(1) “An investigator (a) may, at any reasonable time, (i) require any person to answer any relevant questions and direct the person to answer the questions under oath, and (ii) require any person to give to the investigator any document, substance or thing relevant to the investigation that the person possesses or that is under the control of the person.”
The investigator may copy or keep copies of any of the items produced; and may investigate any other matter regarding the investigated person that arises in the course of the investigation.
Conclusion of Investigation
Once an investigation is completed, a report is completed by the investigator and forward to the complaints director. Based on this evidence, the complaints director, as per section 66(3) of the HPA “must (a) refer the matter to the hearings director for a hearing, or (b) dismiss the complaint, if in the opinion of the complaints director (i) the complaint is trivial or vexatious, or (ii) there is insufficient or no evidence of unprofessional conduct.”