Investigations and Appeals
| Author | Marilyn J. Samuels/Elayne M. Tanner |
| Pages | 58-64 |
Chapter
7
Investigations
and
Appeals
A.
The
Registrar's
Powers
of
Investigation
Although
we
briefly
touched
on the
registrar's powers
of
investigation
as
they
related
to
discipline
and
fitness
to
practise matters
in
chapters
5 and 6,
respectively, these powers warrant
further
discussion here. When these pow-
ers are
used they have
a
significant intrusive impact
on a
member's profes-
sional
life.
Under section
32 of the
Act,
1998,l
the
registrar
has
broad powers
to
investigate allegations
of
improper
conduct
against
a
member. Section 32(1)
of the Act
reads
as
follows:
If
the
Registrar believes
on
reasonable
and
probable grounds,
a)
that
a
member
of the
College
has
committed
an act of
professional mis-
conduct
or is
incompetent
or
incapacitated,
b)
that there
is
cause
to
refuse
to
issue
a
certificate applied
for
under this
Act,
c)
that there
is
cause
to
suspend
or
revoke
a
certificate issued under this
Act;
or
d)
that there
is
cause
to
impose
terms,
conditions
or
limitations
on a
cer-
tificate
applied
for or
issued under this Act,
the
Registrar
may
appoint
one or
more investigators
to
investigate whether
such
act has
occurred, such incompetence
or
incapacity exists
or
there
is
such
cause.
In
a
formal investigation,
a
member
may be
called
on to
answer
an
inves-
tigator's
questions orally
or in
writing
and to
produce records
and
files
for
inspection.
An
investigation
can
therefore significantly disrupt
a
member's
work.
The
most serious consequence
of an
investigation
is
that
it may
1.
[SWSSWAct],
S.O. 1998,
c. 31.
58
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