36 (1) Subject to subsection (1.1), a person who has had a certificate of registration revoked or suspended as a result of a proceeding before the Discipline Committee or as a result of a resolution adopted by the Committee under section 33.1 may apply in writing to the Registrar to have a new certificate issued or the suspension removed. 2007, c. 7, Sched. 8, s. 36 (1); 2014, c. 11, Sched. 3, s. 20 (1); 2020, c. 36, Sched. 9, s. 4 (1). No application for reinstatement (1.1) Subject to subsections (4.2) and (4.3), subsection (1) does not apply to a person who has had a certificate revoked pursuant to an order made under section 33 or deemed revoked pursuant to section 33.3 for committing an act of professional misconduct that consisted of or included any of the following: 1.  Sexual abuse of a child as described in clause (a) or (b) of the definition of “sexual abuse” in subsection 1 (1). 2.  A prohibited act involving child pornography. 3.  A prescribed sexual act that involves a child. 2020, c. 36, Sched. 9, s. 4 (2). Application for variation (2) A person who has a certificate of registration that is subject to terms, conditions or limitations as a result of a proceeding before the Discipline Committee or as a result of a resolution adopted by the Committee under section 33.1 may apply in writing to the Registrar for the removal or modification of the terms, conditions or limitations. 2007, c. 7, Sched. 8, s. 36 (2); 2014, c. 11, Sched. 3, s. 20 (2). Time of application (3) An application under subsection (1) or (2) shall not be made before the expiry of the period fixed for the purpose by the Discipline Committee under subsection 33 (7) or under paragraph 6 of subsection (6), as the case may be. 2007, c. 7, Sched. 8, s. 36 (3). Same (4) If the Discipline Committee did not fix a period under subsection 33 (7) or under paragraph 6 of subsection (6), an application under subsection (1) or (2) shall not be made earlier than one year from the date of the order under section 33 or the date of the last order made under this section, as the case may be. 2007, c. 7, Sched. 8, s. 36 (4). Same (4.1) Despite subsections (3) and (4), if a person has had a certificate revoked pursuant to an order made under section 33 or deemed revoked pursuant to section 33.3 for committing an act of professional misconduct that consisted of or included any of the following, an application under subsection (1) of this section to have a new certificate issued shall not be made earlier than five years from the date of the order: 1.  Sexual abuse of a child, as described in clause (c) of the definition of “sexual abuse” in subsection 1 (1). 2.  Sexual misconduct. 3.  A prescribed sexual act that does not involve a child. 4.  Repealed: 2020, c. 36, Sched. 9, s. 4 (4). 2019, c. 3, Sched. 1, s. 7; 2020, c. 36, Sched. 9, s. 4 (3, 4). Reinstatement after conviction or pardon (4.2) Despite anything in this section, if a person’s certificate of registration is revoked, suspended or made subject to terms, conditions or limitations in relation to a matter that led to a conviction under the Criminal Code (Canada) and the conviction is subsequently overturned on appeal, or the person has been granted a pardon under the Criminal Code (Canada), the person may make an application under subsection (1) or (2) at any time after the conviction was overturned or the pardon was granted. 2020, c. 36, Sched. 9, s. 4 (5). Same (4.3) With respect to a person referred to in subsection (4.2) whose certificate of registration was deemed revoked pursuant to section 33.3, if the conviction was overturned on appeal or the person was granted a pardon under the Criminal Code (Canada) before the day this section comes into force and the person makes an application under subsection (1) of this section within 60 days of the revocation under section 33.3 and provides proof that the conviction was overturned or the pardon was granted, (a)  the Registrar shall issue a certificate to the applicant immediately upon receiving the application and proof; and (b)  the member may hold the certificate until the Discipline Committee has made an order with respect to the application under subsection (6) of this section. 2020, c. 36, Sched. 9, s. 4 (5). Referral to Discipline Committee (5) The Registrar shall refer an application under subsection (1) or (2) to the Discipline Committee. 2007, c. 7, Sched. 8, s. 36 (5). Order (6) The Discipline Committee may, after a hearing, make an order doing one or more of the following: 1.  Refusing the application. 2.  Directing the Registrar to issue a certificate of registration to the applicant. 3.  Directing the Registrar to remove the suspension of the applicant’s certificate of registration. 4.  Directing the Registrar to impose specified terms, conditions and limitations on the applicant’s certificate of registration. 5.  Directing the Registrar to remove any term, condition or limitation on the applicant’s certificate of registration. 6.  Fixing a period during which the applicant may not apply under this section. 7.  Directing the Registrar to continue or to revoke a certificate issued under clause (4.3) (a). 2007, c. 7, Sched. 8, s. 36 (6); 2020, c. 36, Sched. 9, s. 4 (6). Parties (7) The College and the applicant are parties to the hearing under this section. 2007, c. 7, Sched. 8, s. 36 (7). Examination of documentary evidence (8) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing. 2007, c. 7, Sched. 8, s. 36 (8). Open or closed hearings (9) A hearing of the Discipline Committee under this section shall be open to the public unless, (a)  the proceeding referred to in subsection (1) or (2) that resulted in the person’s certificate being revoked, suspended or subject to terms, conditions or limitations was closed to the public; or (b)  the Committee makes an order under subsection (9.1). 2014, c. 11, Sched. 3, s. 20 (4). Exclusion of public (9.1) The Discipline Committee may make an order that the public, including members of the College, be excluded from a hearing or any part of a hearing 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. 20 (4); 2016, c. 24, Sched. 1, s. 15 (1). Orders preventing public disclosure (9.2) For greater certainty, the Discipline Committee may make an order described in section 35.1 in relation to a hearing under this Part. 2014, c. 11, Sched. 3, s. 20 (4). Recording of evidence (10) If requested by a party, the oral evidence taken before the Discipline Committee under this section shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party’s expense. 2007, c. 7, Sched. 8, s. 36 (10). Only members at hearing to participate in decision (11) No member of the Discipline Committee shall participate in a decision of the Committee under this section unless he or she was present throughout the hearing and heard the evidence and the argument of the parties. 2007, c. 7, Sched. 8, s. 36 (11). Release of documentary evidence (12) Documents and things put in evidence at a hearing under this section shall, on the request of the party who produced them, be returned by the Discipline Committee within a reasonable time after the matter in issue has been finally determined. 2007, c. 7, Sched. 8, s. 36 (12). Service of decision on parties (13) The Discipline Committee shall give its decision under this section in writing, with reasons, and shall serve each party with a copy of the decision. 2007, c. 7, Sched. 8, s. 36 (13). Fitness to Practise Committee (14) Subsections (1) to (8) and (10) to (13) apply with necessary modifications to the Fitness to Practise Committee and, for the purpose, (a)  a reference to the Discipline Committee shall be deemed to be a reference to the Fitness to Practise Committee; (b)  a reference to subsection 33 (7) shall be deemed to be a reference to subsection 34 (5); and (c)  a reference to section 33 shall be deemed to be a reference to section 34. 2007, c. 7, Sched. 8, s. 36 (14); 2014, c. 11, Sched. 3, s. 20 (5); 2016, c. 24, Sched. 1, s. 15 (2). Same, closed hearings (15) A hearing of the Fitness to Practise Committee under this section shall be closed to the public unless the applicant requests otherwise, in which case the hearing shall be open to the public and subsection (9.1) applies with necessary modifications. 2014, c. 11, Sched. 3, s. 20 (6). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 20 (1-6) - 31/08/2015 2016, c. 24, Sched. 1, s. 15 (1, 2) - 05/12/2016 2019, c. 3, Sched. 1, s. 7 - 03/04/2019 2020, c. 36, Sched. 9, s. 4 (1-6) - 08/12/2020