Self-reporting to your College
The Regulated Health Professions Act (“RHPA”) requires members of regulated health professions to report any findings of guilt made against them in relation to charges stemming from offences that are contrary to the Criminal Code of Canada or the Controlled Drugs and Substances Act. Additionally, most healthcare professionals have a duty to report criminal and drug related charges to their own Colleges.
If you fail to self-report when a duty to do so has been triggered, there can be repercussions from the Inquiries Complaints and Reports Committee or Discipline Committee of the College. For most regulators, it is not acceptable to wait until your annual renewal to disclose this information to your College.
What Information is made Public?
New regulations under the RHPA require regulatory Colleges to publish summaries of findings of guilt, the sentence imposed and whether the matter is under appeal on the public register. The College will also publish the facts, date and place of any charge and any existing conditions of release following charges being laid.
A lawyer can discuss this with you and whether any exclusions to this exist in your matter.
What Happens Next?
In most cases, your College will appoint an investigator in order to find out more about the matter. It is important to have a lawyer to assist you with this in order to ensure that the process is both fair to you and does not interfere with your criminal proceedings. You will have the opportunity to explain your side of the story to your College and a lawyer will assist you in navigating the process to do so.
If you have been charged with a criminal or Controlled Drugs and Substances Act offence, you should contact a lawyer experienced in professional regulatory law. At Damien Frost & Associates LLP, we will advise you of if and when you are required to file a self report and do so on your behalf to ensure that you are protected, while still providing all of the information required by your regulator. We also consult with criminal counsel on the repercussions on guilty pleas and convictions.
By: Rebecca Young -
