33.1 (1) The Discipline Committee may refer the College and the member who is the subject of a matter to a complaint resolution process to which the College and the member have consented, (a)  if the Committee considers it appropriate to do so; (b)  if the matter has not yet been determined by the Discipline Committee under section 33; and (c)  if the matter does not involve an allegation of sexual abuse of a child, sexual misconduct, a prohibited act involving child pornography or a prescribed sexual act. 2014, c. 11, Sched. 3, s. 16; 2019, c. 3, Sched. 1, s. 4. Same (2) If the College and the member reach a resolution of a matter that has been referred to the complaint resolution process under subsection (1), they shall propose it to the Discipline Committee and the Committee may, (a)  adopt the proposed resolution; (b)  modify the proposed resolution; or (c)  reject the proposed resolution. 2014, c. 11, Sched. 3, s. 16. Same (3) If the Discipline Committee modifies the proposed resolution, the Committee shall notify the College and the member of the modifications and, (a)  if both the College and the member agree to the modifications, the proposed resolution shall be considered adopted, as modified, by the Committee; or (b)  if either the College or the member does not agree to the modifications, the proposed resolution shall be considered rejected by the Committee. 2014, c. 11, Sched. 3, s. 16. Same (4) If the Discipline Committee rejects a proposed resolution, the Committee shall hear and determine the matter in accordance with section 33. 2014, c. 11, Sched. 3, s. 16. Same (5) If there is a failure to resolve a matter that has been referred to the complaint resolution process under subsection (1), it shall be referred back to the Discipline Committee and the Committee shall hear and determine the matter in accordance with section 33. 2014, c. 11, Sched. 3, s. 16. Meetings of Discipline Committee to be public (6) A meeting of the Discipline Committee to consider the action it will take under subsection (2) shall, subject to subsection (7), be open to the public. 2014, c. 11, Sched. 3, s. 16. Exclusion of public (7) The Discipline Committee may make an order that the public, including members of the College, be excluded from the meeting or any part of the meeting if, in the Committee’s opinion, the possibility of serious harm or injustice to any person justifies a departure from the general principle that hearings should be open to the public. 2014, c. 11, Sched. 3, s. 16; 2016, c. 24, Sched. 1, s. 12. Application of s. 35 (4) and (5) (8) Subsections 35 (4) and (5) apply with necessary modifications to meetings of the Discipline Committee to consider actions that it will take under subsection (2). 2014, c. 11, Sched. 3, s. 16. No right to a hearing (9) Nothing in this section shall be construed to require the Discipline Committee to hold a hearing within the meaning of the
Statutory Powers Procedure Act before making a decision under subsection (2) and, for greater certainty, there is no right to appeal that decision. 2014, c. 11, Sched. 3, s. 16. Members disqualified from panel that hears matter (10) The following persons may not participate in a panel of the Discipline Committee that hears and determines a matter in accordance with section 33: 1.  The members of the panel of the Discipline Committee that referred the matter under subsection (1) or considered making such a referral. 2.  The members of the panel of the Discipline Committee that rejected any proposed resolution. 2014, c. 11, Sched. 3, s. 16. No application to reinstatement and variation procedures (11) For greater certainty, an application made under subsection 36 (1) or (2) may not be referred to a complaint resolution process under subsection (1). 2014, c. 11, Sched. 3, s. 16. Complainant not a party (12) For greater certainty, the complainant is not a party to a complaint resolution process under subsection (1). 2014, c. 11, Sched. 3, s. 16. Authorization for Registrar to make referrals (13) The Discipline Committee may authorize the Registrar to make referrals under subsection (1) on behalf of the Discipline Committee and the following apply when the Registrar acts in accordance with such an authorization: 1.  The reference to the Committee in clause (1) (a) is deemed to be a reference to the Registrar. 2.  The Registrar is subject to, i.  the limitations the Discipline Committee is subject to under this section, ii.  any limitations in the authorization, and iii.  any limitations prescribed by the regulations. 3.  The Registrar shall not refer a matter under subsection (1) if the Registrar had referred the matter to a complaint resolution process under subsection 31.1 (1). 2014, c. 11, Sched. 3, s. 16. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 16 - 31/08/2015 2016, c. 24, Sched. 1, s. 12 - 05/12/2016 2019, c. 3, Sched. 1, s. 4 - 03/04/2019