Discipline Process

HSCPOA was created by the Ontario Government to promote public protection by ensuring registered PSWs (registrants) deliver safe, quality, competent, and ethical care to recipients of health and supportive care services. Registrants must comply with the requirements outlined in HSCPOA’s Code of Ethics Regulation, (the “Code of Ethics”) under the Health and Supportive Care Providers Oversight Authority Act, 2021 (the “Act”). If a recipient of health and supportive care services has concerns with the care they received from a registrant, they have the right to submit a complaint to HSCPOA. HSCPOA is required to review every complaint we receive in the interest of public protection. 

Pursuant to section 46(1) of the Act, HSCPOA is required to have a Discipline Committee. The Discipline Committee is composed of at least seven members appointed by the Board of Directors of HSCPOA (the “Board”). After considering a complaint about a registrant’s conduct, if HSCPOA’s Chief Executive Officer (the “CEO”) believes that the registrant contravened the Code of Ethics, they may refer the matter to the Discipline Committee. The Discipline Committee’s role is to assign a panel of the Discipline Committee to determine if the registrant failed to comply with the Code of Ethics.

When a matter is referred to the Discipline Committee, the Chair of the Discipline Committee appoints a panel composed of members of the Discipline Committee to hold a hearing to determine whether a registrant contravened the Code of Ethics. Panels are made up of at least three, but no more than five Discipline Committee members.  

A discipline hearing functions much like a trial. It is a formal process whereby HSCPOA’s legal counsel and the registrant or their legal counsel present their cases including their evidence, which may include witness testimony and cross-examination, in front of the Discipline Panel. HSCPOA will have the burden of proving the allegations against the registrant. Panel members act similarly to a judge in a court room; it is their responsibility to determine the facts, if the registrant contravened the Code of Ethics, and if so, what the penalty should be.

There is a court reporter to capture and maintain a record of the proceedings, and there may be independent legal counsel who provides impartial legal advice to the Panel. HSCPOA staff may also be present to ensure that the hearing runs smoothly.

Hearings are usually held virtually, however, in certain circumstances, hearings may be held in-person.

Except for specific situations where the safety of an individual could be jeopardized, an individual prejudiced, or there are concerns about public security, all hearings are public. Panels do have the authority to order publication bans in certain circumstances.

Please contact HSCPOA if you would like to attend a hearing. HSCPOA’s scheduled hearings may be found here.

At the conclusion of the hearing, the Panel deliberates and makes a finding, which is followed by a written decision.

If the Panel finds that a registrant contravened the Code of the Ethics, they may order any of the following actions:

1. Require the registrant to appear before the Panel to be reprimanded;
2. In sexual abuse cases, require the registrant to reimburse HSCPOA for money paid to the person who received health and supportive care services from the registrant for counselling;
3. Direct the CEO to impose conditions on the registrant’s certificate of registration, such as only working with a specific age group, in a particular setting, and/or with supervision etc.;
4. Suspend the registrant’s certificate of registration;
5. Revoke the registrant’s certificate of registration; and/or
6. Require the registrant to reimburse HSCPOA’s legal, investigation, and hearing costs and expenses.

The Panel’s written decision is sent to the registrant and to the complainant (the individual who filed the complaint that resulted in the referral to the Discipline Committee). All decisions are also posted on HSCPOA’s website, and on the registrant’s profile on the Public Register.

Yes, once a Discipline Panel issues their decision, either HSCPOA, the registrant, or any other person that the Discipline Panel has added as a party, has 30 days to file a notice of appeal. When a matter is referred, the Appeals Committee Chair will assign a panel of at least three, but no more than five members of the Appeal Committee to hear the appeal. The Appeals Panel may make any of the following decisions: overturn, confirm, or modify the Discipline Panel’s decision.