For the Employer
Section 57 of the Health Professions Act (HPA) stipulates the situations under which an employer is obligated to report a current or former employee to the College. Please note that the definition of employment is broad and includes work as a paid/unpaid employee, consultant, contractor or volunteer.
There are two scenarios under which the employer must report the regulated member to the College:
- The employer must give notice to the Complaints Director if, because of conduct that in the opinion of the employer is unprofessional conduct, the employment of a regulated member is:
- suspended, or
- the regulated member resigns.
- In situations where the employer has reasonable grounds to believe that the conduct of a regulated member constitutes unprofessional conduct based on behaviour that in the opinion of the employer is sexual abuse or sexual misconduct, or the regulated member has procured or performed female genital mutilation, the employer must give notice of the conduct to the Complaints Director even if the regulated member is not terminated, suspended or resigns as a result of their actions.
This notice must be given to the Complaints Director, by the employer, as soon as possible. To report this, please submit a completed complaints form with any supporting documentation or evidence to the Complaints Director.
If you have any questions about your obligations as an employer, please contact the College at 780.429.2330 or 1.844.380.1711 or via email firstname.lastname@example.org.
For the Regulated Member
If a complaint has been lodged about you, please know that the College will ensure that the principles of natural justice are upheld. The HPA lays out the steps that must be followed and the College ensures that its due diligence is done in matters of all complaints.
If a complaint, regarding you, is lodged with the Complaints Director, you will be notified and provided with all information that is required under the HPA. This includes the specifics about the complaint and the name of the person who made the complaint about you. This will assist you in remembering the details of your interaction with them. You will then be able to tell you recollection of events to the Complaints Director.
From the information collected from both parties, the Complaints Director will make a decision as to how and if the complaint will proceed. The Complaints Director may:
- dismiss the complaint
- start an investigation into the complaint
- refer the complaint to a hearing tribunal
Under the HPA, regulated members have a legal obligation to report, as soon as possible, any of the following to the College Registrar:
- if the regulated member is a regulated member of more than one College, they must report to all other applicable Colleges, a decision of unprofessional conduct that has been levied against them by any applicable College. The regulated member must supply a copy of the decision to the Registrar.
- if a regulated member is found to have committed unprofessional conduct in another jurisdiction, by a governing body of a similar profession, the regulated member must report and provide a copy of the decision to the Registrar.
- if a regulated member has had a finding of professional negligence made against them, the regulated member must report that to the Registrar in writing.
- if the regulated member has been charged with or convicted of an offense under the Criminal Code (Canada), the regulated member must report it in writing to the Registrar.
- if a regulated member has any physical or mental condition or disorder that may impair the ability to provide ethical, professional and safe denturist services and whether they are under medical care and following medical advice.
Reporting of other regulated members
If in the course of providing professional services, regulated members are required:
- to report any other regulated member, from within the same College or not, for which they have reasonable grounds to believe that the conduct of the other regulated member constitutes sexual abuse and/or sexual misconduct.
- to report any other regulated member, from within the same College or not, for which they have reasonable grounds to believe that the conduct of the other regulated member constitutes the procurement or performance of female genital mutilation.
Please note that:
- reasonable grounds must be formed in the course of the reporting member acting in their own professional capacity
- an exception to the above exists in that there is no reporting obligation if the regulated member becomes aware of the sexual abuse, sexual misconduct, or the procurement or performance of female genital mutilation, as a result of providing professional services to the regulated member who discloses the conduct.
If you have any questions about your reporting obligations, please review the Practice Guideline for Mandatory Reporting or contact the College at 780.429.2330 or 1.844.380.1711 or via email email@example.com.