Mandatory and Self-Reporting FAQs for Registrants
As part of HSCPOA’s mandate to promote public protection, registrants are required by law to report certain information about themselves and other registrants to HSCPOA through mandatory and self-reports. HSCPOA uses information gathered in mandatory and self-reports to determine whether additional steps need to be taken or whether follow-up is required to protect the public.
Access forms for the completion of mandatory and self-reports (To follow). Forms will be available following initial registration of Personal Support Workers (PSWs) with HSCPOA beginning December 1, 2024.
Mandatory reports are required in the following situations:
- Pursuant to section 35(1) of the Health and Supportive Care Providers Oversight Authority Act, 2021 (the “Act”), registrants are required to file mandatory reports to HSCPOA if they have reasonable grounds to believe another registrant has sexually abused a person who was receiving health and supportive care services.
- Pursuant to section 35(2) of the Act, registrants also have a requirement to file a mandatory report to a regulatory College within the meaning of the Regulated Health Professions Act, 1991, if they have reasonable grounds to believe a member of that College (social service worker, nurse, or physiotherapist etc.) has sexually abused a person who receives health and supportive care services.
Please find a list of all regulated health professionals and their respective regulatory colleges here.
- Pursuant to section 4(4) of the Visual Mark Regulation under the Act, registrants are required to immediately notify HSCPOA if they become aware of any unauthorized use of the visual mark.
- Pursuant to section 33(b) of the Code of Ethics Regulation under the Act, registrants should report to HSCPOA any instances where another registrant is imposing personal beliefs and biases on a recipient of health and supportive care services, including political, religious, and cultural beliefs.
Under the Act, sexual abuse of a person who receives health and supportive care services from a registrant means:
(a) sexual intercourse or other forms of physical sexual relations between the registrant and the person,
(b) touching, of a sexual nature, of the person by the registrant, or
(c) behaviour or remarks of a sexual nature by the registrant towards the person.
“Sexual nature” does not include touching or conduct of a clinical nature that is appropriate to the service provided by a registrant.
Failure to file a mandatory report may lead to disciplinary proceedings that can result in consequences up to and including revocation of your certificate of registration. Per section 56(1) of the Act, registrants who fail to file mandatory reports about sexual abuse with HSCPOA may be found guilty of an offence and if convicted, be required to pay a fine up to $25,000.00.
Self-reports are required in the following situations:
- Pursuant to sections 33(1), and 34(1) of the Act, registrants are required to file self-reports to HSCPOA as soon as reasonably practical regarding any criminal charges, bail conditions, restrictions imposed by a court, or findings of guilt filed against them.
- Pursuant to section 7(2) of the Registration Regulation under the Act, registrants are required to file self-reports to HSCPOA within 15 days of a commencement of a proceeding for professional misconduct, incompetency, incapacity or similar conduct, in Ontario, in relation to a profession or in another jurisdiction in relation to providing health and supportive care services as a PSW or in relation to a profession.
- Section 7(1) of the Registration Regulation also states that registrants must file a self-report to HSCPOA within 15 days of a finding of professional misconduct, incompetence or incapacity in Ontario in relation to a profession or in another jurisdiction in relation to providing health and supportive care services as a PSW or in relation to a profession.
The fields in the reports are pre-populated for your convenience and require details regarding the events and individuals involved.
Pursuant to section 29 of the Code of Ethics Regulation, under the Act, registrants are also required to contact their local Children’s Aid Society if they have concerns about the well-being of a child up to 18 years of age.
