Guide for Self Represented Registrants
This guide is intended to assist self-represented registrants by providing an overview of the Tribunal’s hearing process for professional misconduct proceedings . Please review it carefully, as it contains important information. This document is not legal advice. In the event of any inconsistency between this document and the applicable law or rules, the law or rules take priority.
While it is recommended that you seek legal advice and consider retaining a lawyer to represent you at a Tribunal hearing, we understand that this may not be possible for everyone. The Tribunal is committed to ensuring a fair process for all participants, including those who represent themselves.
The table of contents below shows each section of the guide. You can select a section and go to it directly or use the page navigation arrows at the bottom of each page to move through the guide.
Reinstatement Applications | For information on making an application for reinstatement and/or reinstatement hearings, please see the HPDT Practice Direction on Applications for Reinstatement. |
Guide to the Tribunal Process | This guide is a companion to the Tribunal's Guide to the Tribunal Process. |
Rules and Legislation | Tribunal hearings are formal proceedings governed by applicable laws and the Tribunal's Rules of Procedure. |
Table of Contents
How the Tribunal Process Begins
Before the Hearing
The Hearing
- Hearing Format
- Hearing Openness
- Individuals Involved in the Tribunal Hearing
- Merits Hearing
- Overview of Uncontested Hearings
- Overview of Contested Hearings
- When You’re Challenging the Allegations Against You
- Opening Statements
- Understanding Evidence
- What is Acceptable Evidence?
- Oral Evidence (Testimony)
- Making Objections
- Cross-Examination
- Presenting Your Evidence
- Testifying in Your Own Defence
- Objections by College Counsel
- Reply Evidence
- Closing Statements
- Presenting Case Law
- Deliberations
- Penalty Hearing
After the Hearing
About the Health Professions Discipline Tribunals
The Tribunal hearing your case is part of the Health Professions Discipline Tribunals (“HPDT”). The HPDT is a group of tribunals from various health colleges. The tribunals share common Rules of Procedure and processes. All HPDT hearings and case management conferences are chaired by a legally trained experienced adjudicator who is appointed to all the HPDT tribunals.
For more more information about the HPDT, please see About us on this website.
Using this Guide
This document is a companion to the Tribunal’s Guide to the Tribunal Process. We recommend reading that guide first, as it outlines key parts of the Tribunal’s procedures and what to expect at each stage.
Building on that foundation, this document is designed for self-represented registrants. It offers practical tips and explanations to help you prepare for your hearing and represent yourself effectively.
Your Hearing
As the registrant in this case, the College’s Inquiries, Complaints and Reports Committee has referred allegations of professional misconduct and/or incompetence against you to the Tribunal for a hearing.
Professional misconduct refers to actions or behaviour that, under the law, fall below the professional standards expected in your profession. Incompetence refers to a serious deficiency in a registrant’s knowledge, skill, or judgment in the care of a patient or client. It must be significant enough to raise concerns about whether the registrant is fit to continue practising or should only be permitted to practise with restrictions. Most Tribunal hearings focus on allegations of professional misconduct.
The purpose of the hearing is to decide whether the College has proven you committed professional misconduct or are incompetent. The College must present evidence to prove that it is more likely than not that the events in question took place and that they are misconduct. If the Tribunal finds that the allegations are proven, it will then decide on an appropriate penalty and/or costs order.
Your hearing will be a formal legal proceeding governed by applicable laws and the Tribunal's Rules of Procedure (the “Rules”). While this guide provides a step-by-step overview of what to expect during the hearing, it is important to review the Rules and the relevant law, particularly sections 36-56 of the Health Professions Procedural Code (the “Code”), which is Schedule 2 to the Regulated Health Professions Act, 1991 , S.O. 1991, c. 18. The Statutory Powers Procedure Act, RSO 1990, c. S. 22 (the “SPPA”) also applies and sets out general procedural requirements for hearings before Ontario tribunals.
Next Page► |