35 (1) This section applies to hearings of the Discipline Committee under section 33 and to hearings of the Fitness to Practise Committee under section 34. 2007, c. 7, Sched. 8, s. 35 (1). Parties (2) The College and the member of the College whose conduct or actions are being investigated are parties to the hearing. 2007, c. 7, Sched. 8, s. 35 (2). Examination of documentary evidence (3) 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. 35 (3). Fitness to Practise Committee, reports of health professionals (3.1) A report prepared and signed by a health professional containing his or her findings and the facts upon which they are based, including the personal health information of the member, is admissible as evidence at a hearing of the Fitness to Practise Committee without proof of its making or of the health professional’s signature if the party introducing the report gives the other parties a copy of the report at least 10 days before the hearing. 2018, c. 8, Sched. 8, s. 7. Fitness to Practise Committee, testimony of health professionals (3.2) A health professional may not give evidence in his or her professional capacity at a hearing of the Fitness to Practise Committee unless a report, prepared and signed by the health professional containing his or her findings and the facts upon which they are based, including the personal health information of the member, is introduced as evidence. 2018, c. 8, Sched. 8, s. 7. Fitness to Practise Committee, cross-examination (3.3) If a report described in subsection (3.1) is introduced by a party, the other parties may summon and cross-examine the person who prepared the report. 2018, c. 8, Sched. 8, s. 7. Exception (3.4) The Fitness to Practise Committee may, in its discretion, allow a party to introduce evidence that is inadmissible under this section and may make directions it considers necessary to ensure that the other parties are not prejudiced. 2018, c. 8, Sched. 8, s. 7. Members holding hearing not to have taken part in investigation (4) Members of the Discipline Committee or Fitness to Practise Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject-matter of the hearing, other than as a member of the Council or Executive Committee considering the referral of the matter to the Discipline Committee or Fitness to Practise Committee, and shall not communicate directly or indirectly about the subject-matter of the hearing with any person or with any party or representative of a party except on notice to all parties. 2007, c. 7, Sched. 8, s. 35 (4). Same (5) The Discipline Committee or Fitness to Practise Committee may seek independent legal advice from a lawyer other than a lawyer who is acting as legal counsel to one of the parties in the matter before the Committee and, in that case, the Committee shall communicate the nature of the advice to the parties despite subsection (4) so that they may make submissions as to the law. 2007, c. 7, Sched. 8, s. 35 (5). Discipline Committee hearings to be public (6) A hearing of the Discipline Committee shall, subject to subsections (7) and (8), be open to the public. 2007, c. 7, Sched. 8, s. 35 (6). Exclusion of public (7) 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. 18; 2016, c. 24, Sched. 1, s. 13 (1). Same (8) The Discipline Committee may also make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to exclude them from a hearing or a part of a hearing. 2007, c. 7, Sched. 8, s. 35 (8). Fitness to Practise Committee hearings to be closed (9) A hearing of the Fitness to Practise Committee shall, subject to subsection (10), be closed to the public, including members of the College. 2007, c. 7, Sched. 8, s. 35 (9). Open on request of member in some cases (10) A hearing of the Fitness to Practise Committee shall be open to the public, including members of the College, if the person who is alleged to be incapacitated requests it in a written notice received by the Registrar before the day the hearing commences, unless the Fitness to Practise Committee is satisfied that, (a)  matters involving public security may be disclosed; (b)  financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of acceding to the request of the person who is alleged to be incapacitated; (c)  a person involved in a civil or criminal proceeding may be prejudiced; or (d)  the safety of a person may be jeopardized. 2007, c. 7, Sched. 8, s. 35 (10). Same (11) The Fitness to Practise Committee may make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to open the hearing or a part of the hearing to the public under subsection (10). 2007, c. 7, Sched. 8, s. 35 (11). Recording of evidence (12) The oral evidence taken before the Discipline Committee or Fitness to Practise Committee 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. 35 (12). Only members at hearing to participate in decision (13) No member of the Discipline Committee or Fitness to Practise Committee shall participate in a decision of the committee following a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties. 2007, c. 7, Sched. 8, s. 35 (13). Release of documentary evidence (14) Documents and things put in evidence at a hearing shall, on the request of the party who produced them, be returned by the Discipline Committee or Fitness to Practise Committee within a reasonable time after the matter in issue has been finally determined. 2007, c. 7, Sched. 8, s. 35 (14). Service of decision, reasons (15) Subject to subsection (16), the Discipline Committee or Fitness to Practise Committee shall serve its decision, with reasons, (a)  on the parties; and (b)  on the complainant, where, (i)  the matter was referred to the Discipline Committee or Fitness to Practise Committee as a result of a complaint under subsection 31 (1), or (ii)  the Council or Executive Committee directed the Discipline Committee or Fitness to Practise Committee to hold a hearing into the matter under subsection 32 (1) or (2). 2016, c. 24, Sched. 1, s. 13 (2). Same (16) If the hearing was closed, the Discipline Committee or Fitness to Practise Committee may, in its discretion, withhold reasons when it serves its decision on the complainant. 2007, c. 7, Sched. 8, s. 35 (16). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 18 - 31/08/2015 2016, c. 24, Sched. 1, s. 13 (1, 2) - 05/12/2016 2018, c. 8, Sched. 8, s. 7 - 30/10/2020