User guide for Discipline Tribunal participants
This User Guide explains the steps in a Discipline Tribunal case and helps participants understand what to expect throughout the process. It is a general guide only and is not meant to replace the Health Professions and Occupations Act or its Regulations, the Administrative Tribunals Act, or the Discipline Tribunal’s practice directives.
Practice directives
The Discipline Tribunal issues practice directives which are the Tribunal’s rules. The practice directives provide detailed information about:
- How the Discipline Tribunal operates
- What is expected of anyone participating in a hearing
Browse all practice directives
Read the consolidated list of practice directives (PDF, 785.23KB)
General rules of procedure
- Filing documents
- Written confirmation of filing
- Defective filings and defective service
- Urgent filing and directions about filing or service
- Service methods, effective service and proof of service
- Discipline Tribunal Secure File Transfer Portal (SFTP)
- Information to include in filing
- Discipline Tribunal response
- Counting time
- Statutory deadlines
- Usual time periods for key procedural steps
- Accessibility measures and accommodations that remove barriers to participation
- Accommodation requests and supporting information
- Confidential handling and implementation of accommodations
- Relationship to hearing management and hearing logistics
- Does not apply to protection orders under HPOA sections 183 to 186
- Confidential material, including confidential versions, public versions, redactions and labels
- Confidentiality orders and related requests
- Access to and disclosure of hearing records
- Public access to records from a discipline proceeding
- Official recordings and transcripts
- Who is a person with an interest
- Requests for confirmation as a confirmed person with an interest
- Participation in the discipline hearing process
- Attendance, notices, hearing records and other information
Intake and commencement
- Filing and formatting initial requests that start a Discipline Tribunal file
- Portal filing and other filing directions for requests
- Organization of requests, searchability and redactions
- Discipline Tribunal’s review for completeness and missing items
- Who may request a citation
- Required contents of the request package, including details on proposals for allegations
- Required records and information
- Director review and decision outcomes
- Fixing filing defects
- How registrars propose allegations for citation
- Informing the respondent of allegations
- Required details of allegations
- Review of proposed allegations in the citation
- Consent-resolution proposals filed with a request for citation
- Filing requirements
- Required contents of the proposal
- Director review and decision
- Resolution management conferences in this process
- Consent resolutions after the Director has issued a citation
- Requests to change the Consent Resolution Deadline
- Filing before the Consent Resolution Deadline
- Director review and resolution management conferences before the deadline
- Resolving a case after the Consent Resolution Deadline through the hearing process
- Factors relevant to a proposed consent resolution
- Requests for approval of a proposed order resolving a complaint involving an allegation of sexual abuse before citation
- Filing and submission requirements
- Further information requests, updates after filing and withdrawal
- Resolution management conferences in this process
- Decision factors and privacy or confidentiality considerations
- Purpose and objectives of mediation
- Mediation principles
- Availability, format and cost
- The Director’s role and the effect of unsuccessful mediation
Case and hearing management
- Case management from citation to the Consent Resolution Deadline
- Case management conferences
- Requests for a case management conference or directions in writing
- Issues addressed, compliance and transition to hearing management
- Initial hearing dates
- Rescheduling before the Consent Resolution Deadline
- Hearing date changes after the Consent Resolution Deadline
- Adjournments during the hearing
- Required contents of requests and relevant factors
- Hearing management after the Consent Resolution Deadline
- Hearing management conferences
- Requests for a hearing management conference or an order in writing
- Pre-hearing applications
- Issues raised during the hearing
Evidence and hearing conduct
- General evidentiary rules in a discipline proceeding
- Exhibits and evidentiary issues
- Witness lists, witness management and remote testimony
- Orders to compel attendance or production
- Expert evidence requirements and management
- Protection orders under HPOA sections 183 to 186
- Statutory framework and mandatory considerations
- Who may request a protection order and when
- Required materials
- Examples of protection orders
- Public access and confidentiality implications
- Identifying and handling potential sensitive records
- Applications for production orders under HPOA sections 188 and 189
- Service, notice, and submissions
- Determination, private review of records and orders
- Managing produced sensitive records
- Hearing format directions from citation to completion of the discipline hearing
- Deciding hearing format
- Remote participation requirements
- Hearing books and electronic exhibits
- Non-standard or physical evidence
- Technical failures, interruptions and backup directions
- Open hearings and public attendance arrangements
- Access orders
- Expected conduct of observers and media representatives
- Support persons and animals
- Recording, broadcasting, live commentary and electronic devices
Outcomes and post-hearing
- Disciplinary orders
- Hearing costs
- Post-hearing written submissions on liability and other issues
- Form of decision and reasons
- Corrections and clarifications under ATA section 53
- Applications for review under HPOA section 194
- Filing, service, deadline, contents, and grounds for review
- Requests for a stay
- Preliminary dismissal and combining applications
- Review record, process, and decision after review
- Procedural Fairness
- Disciplinary Orders
- Impartiality and Independence
- Publication of requests for a citation and disciplinary orders
- Required publication content for different categories of disciplinary orders
- Publication of a request for a citation
- Related publication steps