Discipline Committee
The Discipline Committee conducts hearings into matters referred by the Inquiry Committee.
Discipline Committee Members
Brian Butt (Chair)
Jag Bains
Darren Sailer
The mandate for the Discipline Committee is found in sections 37 to 40 of the Health Professions Act. The Committee must
hear and determine a matter set for hearing by citation under section 37.
Citation for Hearing by Discipline Committee [Health Professions Act]
Section 37(1) If directed by the Inquiry Committee or the Board, the Registrar must issue a citation that:
(a) names the affected registrant as respondent,
(b) describes the nature of the complaint or other matter this is to be the subject of the hearing, including the
particulars of any evidence in support of that subject matter,
(c) specifies the date, time and place of the hearing, and
(d) advises the respondent that the Discipline Committee is entitled to proceed with the hearing in his or her
absence.
(2) The Registrar must have a citation either delivered to the respondent by personal service or sent by registered mail
to the respondent at the last address for that respondent recorded in the register referred to in section 21(2) not fewer
than 30 days before the date of the hearing.
(3) If the subject matter of a citation is a complaint, the Registrar must notify the complainant in writing of the date, time
and place of the hearing not fewer than 14 days before the date of the hearing.
(4) The Inquiry Committee or the Board may direct the Registrar to cancel a citation that has been issued on its direction
if the Inquiry Committee or Board afterwards determines that a hearing by the Discipline Committee is not required and
the Registrar must then cancel the citation and notify the respondent and the complainant, if any, of the cancellation.
Section 38(1) A hearing of the Discipline Committee must be in public unless:
(a) the complainant or the respondent requests the Discipline Committee to hold the hearing in private, and
(b) the Discipline Committee is satisfied that a private hearing would be appropriate in the circumstances.
......
(4) At a hearing of the Discipline Committee,
(a) the testimony of witnesses must be taken by oath, which may be administered by any member of the Discipline
Committee, and
(b) there must be a full right to cross examine witnesses and call evidence in defence and reply.
......
(8) If the Discipline Committee considers the action necessary to protect the public between the time a hearing is commenced
and the time it makes an order under section 39(1), the Discipline Committee may set limits or conditions on the practice
of denturism by the registrant, or may suspend the registration of the registrant and, for these purposes, section 35
applies.
Action by Discipline Committee [Health Professions Act]
Section 38 (1)On completion of a hearing, the Discipline Committee may, by order, do one or more of the following:
(a) dismiss the matter;
(b) reprimand the respondent;
(c) impose limits or conditions on the practice of denturism by the respondent;
(d) suspend the registration of the respondent;
(e) cancel the registration of the respondent;
(f) fine the respondent in an amount not exceeding the maximum fine established under section 19(1)(w);
(g) assess costs of part of the costs of the hearing against the respondent.
(2) An order of the Discipline Committee under section 39 (1) must be in writing and must be delivered to the respondent
and to the complainant, if any.
Appeal of Discipline Committee Decision to Supreme Court [Health Professions Act]
Section 40 (1) A college or respondent described in section 38(2) aggrieved or adversely affected by an order of the discipline committee under section 39
may appeal or the board may appeal the order to the Supreme Court.
(2) An appeal under this section must be commenced within 30 days after the date of the decision.