The Discipline Committee is made up of Public and Elected Board Directors, Professional Committee Appointees and Lay Committee Appointees.
Panels of the Discipline Committee hear allegations of professional and proprietary misconduct or incompetence against registrants. Upon finding a registrant guilty of misconduct or incompetence, the panel has the authority to revoke, suspend or limit a registrant’s registration, impose a fine, or reprimand the registrant.
Panels of the Discipline Committee also hear allegations of proprietary misconduct against pharmacies, and following a finding of guilt, the panel has the authority to revoke, suspend or limit the pharmacy’s accreditation, or impose a fine.
Referrals to the Discipline Committee
The Discipline Committee receives referrals from the:
- Inquiries, Complaints and Reports Committee
- In cases where an investigation found that the registrant may have been dishonest, breached trust, appears to show a willful disregard of professional values, and/or appears to be unable to practice in a professional or competent manner
- In cases where an investigation found that the registrant may have been dishonest, breached trust, appears to show a willful disregard of professional values, and/or appears to be unable to practice in a professional or competent manner
- Accreditation Committee
- In cases where a pharmacy has failed to conform to the requirements of the Drug and Pharmacies Regulation Act (see section 140)
Discipline Decisions
The College publishes summaries of the decisions of the Discipline Committee. The Regulated Health Professions Act, 1991, requires that these summaries be published.
Full case decisions are provided via the Canadian Legal Information Institute (CanLII) dating back to October 2009.
To view the terms, conditions, limitations and any other public information on a registrant’s or pharmacy’s certificate, visit Find a Pharmacy or Pharmacy Professional. Information about any current allegations or previous findings of professional or proprietary misconduct, incompetence or incapacity which relate to the registrant are also specified.
Learn more about discipline decisions.
Rules of Procedure
The Statutory Powers and Procedure Act (SPPA) mandates the minimum standards of procedural fairness applicable to all administrative hearings in Ontario.
The SPPA also gives the Discipline Committee of the College the jurisdiction to create Rules of Procedure.
Under the authority of the SPPA, the Discipline Committee has adopted the Rules of Procedure, which apply to all discipline hearings at the College.
- Rules of Procedure (in effect as of February 1, 2015)
- Former Rules of Procedure (Revised 2011-2012, no longer in effect)
The following forms are part of the Rules of Procedure and can be downloaded by clicking on the following links:
- Form 1: Statement of Delivery
- Form 2A: Pre-Hearing Conference Memorandum
- Form 3A: Notice of Motion
- Form 3B: Draft Order
- Form 4: Request for Adjournment
- Form 5: Summons to Witness (For hearings held by videoconference)
- Form 5: Summons to Witness (For hearings held in-person)
- Form 6: Request for a Written or Electronic Proceeding
- Form 7: Acknowledgement of Duty of Expert Witness
The Discipline Committee has issued a Practice Direction to provide additional information on Setting Pre-Hearing Conference and Hearing Dates (in effect as of February 1, 2015), as well as a Direction on Electronic and Written Proceedings (in effect as of May 6, 2020).
Reinstatement After Revocation
Reinstatement of a former registrant’s certificate of registration (“certificate”) following revocation can only be ordered by a panel of the Discipline Committee as it is the only committee that can revoke a registrant’s certificate.
Revocation
A penalty of revocation of a registrant’s certificate may be ordered by the Discipline Committee following a finding of professional misconduct of a significant nature. This penalty is reserved for the most serious cases of misconduct where, given all other considerations, no other penalty can adequately protect the public from unsafe or unethical practice.
Application for Reinstatement
In most cases, a revoked “registrant” may apply, in writing, to the Registrar for the reinstatement of his or her certificate, one year after the revocation. In cases where revocation resulted from a finding of sexual abuse of a patient, the revoked registrant can only apply for reinstatement after five years.
Applications for reinstatement are adjudicated formally in a hearing before a panel of the Discipline Committee. Unlike other proceedings before this Committee where the burden of proof lies with the College, the onus is on the former registrant to present evidence that will convince the Committee that the original reasons for the revocation have been appropriately addressed. Specifically, the Committee seeks information that indicates that the individual is governable and understands the significance of their past conduct, and evidence that suggests that the past conduct is unlikely to recur if the former registrant is reinstated. The College may either support or oppose the application before the Committee.
After hearing the evidence and submissions, the Discipline Committee issues its decision and reasons in writing to the Registrar and the applicant. The Committee may either refuse the request for reinstatement or direct the Registrar to issue a new certificate. Where the Committee decides to reinstate the certificate, it may also order the Registrar to impose terms, conditions or limitations on the registrant’s certificate.
Right to Appeal and Re-Apply
Unlike other disciplinary proceedings, an applicant seeking reinstatement has no right to appeal the Discipline Committee’s decision to the Divisional Court. However, they are entitled to seek judicial review. Every applicant has the right to reapply for reinstatement within six months of the Committee’s decision to deny his or her application.
Reinstatement proceedings are infrequent. And, as with discipline hearings, reinstatement hearings are open to the public and are recorded formally by a court reporter.