Complaints Process and Disciplinary Reports

Process for Complaints

Complaints must be submitted in writing to the College by email or mail.

 

Complaints must describe, in detail, a specific concern about the conduct, competence, or health ailment (impairing practice) of an individual. In some provinces, if a Registrant works for a provincial or federal employer, who have legislated protection against processing liability practice suits, the College will proceed to process any practice complaints received against those Registrants. The College Complaints and Discipline process is not a litigation matter but an intensive internal peer adjudicated review to ensure that the College Registrants practice within their scope of expertise and cause no harm to the Public through negligence or practice misconduct.

 

Once a complaint is received by the College, the Complainant and the Registrant named in the complaint, must sign legal waivers protecting the confidentiality of the Complaints Proceedings and that, at no time, will any information gained or shared during the CVRP complaints process be released or used in a future litigation procedure.

 

If a Registrant is found to have committed a practice misconduct, then complaints results are submitted to the Discipline committee for action. All disciplinary complaints are published in the Public registry and posted on the website for public review.

 

The following information is taken from the CVRP Complaints Rule. For additional information, download the full Complaints Rule.

 

Upon receipt of a complaint filed with the Registrar, the process shall be as follows:

  1. i. the complainant will receive a letter acknowledging receipt of the complaint, advising of the process and requesting the following:

    1. a duly executed acknowledgement and undertaking that

      1. no record of a complaint, no report, document or thing prepared for or statement given at a proceeding under the Procedures or any of them and no order or decision made in such a proceeding is admissible or can be introduced in a civil proceeding other than a proceeding under the By-Laws or Procedures; and

      2. no person employed or involved in the administration of this Procedure or any member of the Board shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him or her in the course of his or her duties, employment, inquiry or investigation except in a proceeding under the Procedures or the By-Laws; and

    2. a signed consent and direction to release the details and documents of the complaint to the Member of the College against whom the complaint is made; and

    3. if relevant to the complaint, a signed consent and direction in respect of the release of personal health information. Such a consent may be requested from the outset or in the context of any investigation conducted by the Complaints Committee:

  2. if any acknowledgement undertaking or consent requested under subsection (i) is not provided , the Complaints Committee may elect, in its sole discretion, not to proceed with the complaint;

  3. the Member complained about is notified in writing of the College’s receipt of a complaint;

  4. the Member shall be required to sign an acknowledgement and undertaking that no record of a complaint, no report, document or thing prepared for or statement given at such a proceeding under the Procedures and no order or decision made in such a proceeding is admissible or can be introduced in a civil proceeding other than a proceeding under these By-Laws or Procedures. If the Member refuses to sign the acknowledgement or undertaking, then the Complaints Committee may, in its sole discretion, elect not to provide the Member with a copy of the complaint and related documents and may make a determination of the complaint without the Member’s involvement or take any other action it deems fit in accordance with the By-Laws and these Procedures;

  5. upon receipt of the Member’s signed acknowledgement and undertaking, the Member shall be provided with a copy of the complaint and related documents and shall be given at least 30 days to provide the College with a written response to the complaint;

  6. at the Committee’s sole discretion, the complainant may be provided with a copy of the Member’s response to the complaint and an opportunity to provide any new information or clarification concerning the response submitted by the Member about whom the complaint was made;

  7. the Complaints Committee may at any time in the process request further information from the complainant, the Member about whom the complaint was made, or from third parties; and

  8. in the event that the Committee determines that the Complaint is of a nature that warrants further investigation, the Committee may appoint such individual or individuals that the Committee deems necessary (including outside investigators) to conduct an investigation into the matters referred to in the complaint.

Powers of the Complaints Committee

A panel, after investigating a complaint regarding the conduct or actions of a Member, considering the written submissions of the Member and considering or making reasonable efforts to consider all records and documents it considers relevant to the complaint, may do any one or more of the following:

  1. refer a specified allegation of the Member’s professional misconduct, incompetence or incapacity, in whole or in part, to the Discipline Committee if the allegation is related to the complaint;

  2. refer the Member to the Fitness to Practice Committee for incapacity proceedings;

  3. direct the matter not be referred under subsection 15 (i.) or 15 (ii);

  4. require the Member to appear before the panel or another panel of the Complaints Committee to be cautioned; or

  5. take any action it considers appropriate that is not inconsistent with the By-Laws or the Procedures.

Decision and Reasons

The Complaints Committee panel shall, after taking any action under section 15 or after deciding to take no action, give its decision to the Registrar.

 

The panel of the Complaints Committee shall give the complainant and the Member who is the subject of the complaint:

  1. a written copy of its decision; and

  2. written copy of its reasons, if the panel decided to anything under subsections 15 (iii), 15 (iv) and 15 (v).

Timely Disposal

A panel shall use its best efforts to dispose of a complaint within 180 days after the filing of the complaint.