26 (1) The Investigation Committee shall consider and investigate complaints regarding the conduct or actions of a member of the College, including complaints made by, (a)  a member of the public; (b)  a member of the College; (c)  the Registrar; (d)  the Minister.  1996, c. 12, s. 26 (1); 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 5 (1). Same (1.1) As soon as reasonably possible after receiving a complaint, the Registrar shall, (a)  provide the complainant with confirmation that the complaint was received; and (b)  notify the member that a complaint regarding his or her actions was made and provide the member with a copy of the complaint or, if the Registrar considers it appropriate in the circumstances, a summary of the complaint. 2016, c. 24, Sched. 2, s. 5 (2). Same (1.2) In providing notice of a complaint under clause (1.1) (b), the identity of the individual who made the complaint shall not be disclosed if the Registrar believes, on reasonable and probable grounds, that doing so would expose or be likely to expose the complainant or another person to harm or injury. 2016, c. 24, Sched. 2, s. 5 (2). Referral for interim order (1.2.1) The Investigation Committee may refer a complaint to the Adjudicative Body of Chairs to make an interim order under section 29.2. 2018, c. 8, Sched. 19, s. 3 (1); 2020, c. 36, Sched. 33, s. 12 (1). Same (1.2.2) The Investigation Committee shall continue to consider and investigate the complaint that has been referred to the Adjudicative Body of Chairs under subsection (1.2.1). 2018, c. 8, Sched. 19, s. 3 (1); 2020, c. 36, Sched. 33, s. 12 (2). Same (1.3) Despite subsection (1), if the Registrar refers a complaint to an investigation stage complaint resolution process in accordance with section 26.1, the Investigation Committee shall cease its consideration and investigation of the complaint and this section ceases to apply, unless and until the complaint is referred back to the Committee in accordance with that section. 2016, c. 24, Sched. 2, s. 5 (2). Same (2) Despite subsections (1) and (1.2.2), the Investigation Committee shall refuse to consider and investigate a complaint if, in its opinion, (a)  the complaint does not relate to professional misconduct, incompetence or incapacity on the part of a member; (b)  the complaint is frivolous, vexatious, an abuse of process, manifestly without substance or made for an improper purpose; or (c)  the complaint does not warrant further investigation or it is not in the public interest to investigate the complaint further, and that determination was made in accordance with the regulations. 1996, c. 12, s. 26 (2); 2016, c. 24, Sched. 2, s. 5 (3); 2018, c. 8, Sched. 19, s. 3 (2). Consultation before making regulation re clause 26 (2) (c) (2.1) Before a regulation may be made for the purposes of clause 26 (2) (c), the Council shall hold public consultations, in the manner that the Council considers appropriate, with any persons or bodies that are interested in the content of the proposed regulation. 2016, c. 24, Sched. 2, s. 5 (4). Same (2.2) The following rules apply to a complaint made by a secretary of a school board under section 277.40 or 277.40.5 of the Education Act: 1.  Despite subsection (1), the Investigation Committee is not required to consider and investigate the complaint if the Registrar determines in accordance with any regulations, and advises the Committee, that the complaint does not relate to professional misconduct, incompetence or incapacity on the part of a member. 2.  The secretary shall, i.  at the same time as making the complaint, provide the member with a copy of the complaint, and ii.  within 30 days of making the complaint, provide the Registrar with any additional information that the school board has that relates to the complaint. 3.  If, after receiving the information under subparagraph 2 ii, the Registrar requests that the school board provide the Registrar with more information that relates to the complaint, the board shall do so within 15 days of receiving the request. 4.  Within 30 days of providing information to the Registrar under subparagraph 2 ii or paragraph 3, the secretary of the school board shall provide a copy of such information to the member. 5.  The Registrar shall, as soon as is reasonably possible, provide a written report respecting the action, if any, taken by the Registrar in response to the complaint to the following: i.  An employer that employs the member, at the time the report is made, to teach or provide services as described in clause 43.2 (7) (a) or (b). ii.  The school board whose secretary made the complaint respecting the member. 2016, c. 24, Sched. 2, s. 5 (5). Same (3) No action shall be taken by the Investigation Committee under subsection (5) unless, (a)  a complaint in writing or in another form that is capable of being reproduced, such as a disc or tape, has been filed with the Registrar; (b)  the member whose conduct or actions are being investigated has been given 60 days, or a different time period if specified under subsection (4), in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the matter; and (c)  the Committee has examined or has made every reasonable effort to examine all the information and documents that the College has that are relevant to the complaint, including, (i)  any prior decisions of a committee established under this Act that relate to the member, (ii)  any information about or obtained in concurrent proceedings before a committee established under this Act that relates to the member, and (iii)  any resolutions adopted by a committee established under this Act that were reached through a complaint resolution process and relate to the member. 1996, c. 12, s. 26 (3); 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 5 (6). Same (4) The Investigation Committee may specify a different time period for the purposes of clause (3) (b) in accordance with the following: 1.  The Committee may specify a period of time of less than 60 days if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member exposes or is likely to expose one or more students to harm or injury. 2.  The Committee may specify a period of time that is more than 60 days in accordance with the regulations. 2016, c. 24, Sched. 2, s. 5 (7). Same (4.1) A copy of any explanations or representations submitted by the member under clause (3) (b) shall be provided as soon as reasonably possible to the complainant or, if the Registrar considers it appropriate in the circumstances, a summary of the explanations or representations. 2016, c. 24, Sched. 2, s. 5 (7). Same (4.2) In considering prior decisions in accordance with subclause (3) (c) (i), the Investigation Committee shall not consider any decision made by the Investigation Committee to refuse to consider and investigate a complaint under subsection (2). 2016, c. 24, Sched. 2, s. 5 (7). Same (4.3) If the Investigation Committee considers any information described in subclause (3) (c) (i), (ii) or (iii), the Committee shall notify the member as soon as reasonably possible and shall provide the member with a copy of that information or, if the Committee considers it appropriate in the circumstances, a summary of that information. 2016, c. 24, Sched. 2, s. 5 (7). Same (4.4) If the Investigation Committee receives additional information from any person relating to the complaint, the Committee shall notify the member as soon as reasonably possible and shall provide the member with a description of the additional information. 2016, c. 24, Sched. 2, s. 5 (7). Incapacity of member (4.5) If the Investigation Committee believes that the member may be incapacitated, the Committee shall make the inquiries it considers appropriate. 2018, c. 8, Sched. 19, s. 3 (3). Notice to member re incapacity (4.6) The Investigation Committee shall give the member notice that it intends to inquire into whether the member is incapacitated. 2018, c. 8, Sched. 19, s. 3 (3). If grounds to believe member is incapacitated (4.7) If, after making inquiries, the Investigation Committee has reasonable and probable grounds to believe that the member is incapacitated, it may, (a)  require the member to submit to physical or mental examinations which shall be conducted or ordered by a health professional specified by the Committee; and (b)  make an order, subject to subsection (4.10), directing the Registrar to suspend the member’s certificate of qualification and registration until the member submits to the examinations. 2018, c. 8, Sched. 19, s. 3 (3). Report (4.8) A health professional who conducts an examination of a member required under clause (4.7) (a) shall, following the examination, provide to the Investigation Committee a report containing, (a)  an assessment of whether the member is or has been incapacitated; (b)  an assessment of the extent of any incapacity and the prognosis for recovery; and (c)  any further physical or mental considerations that are relevant to the matter before the Committee. 2018, c. 8, Sched. 19, s. 3 (3). Copies of report (4.9) The Investigation Committee shall give a copy of any report referred to in subsection (4.8) to the member and may give a copy of the report to, (a)  the Adjudicative Body of Chairs, for the purposes of determining whether an interim order should be made under subsection 29 (3) or 29.2 (1); or (b)  the Fitness to Practise Committee, if the matter is referred to that committee under clause (5) (a). 2018, c. 8, Sched. 19, s. 3 (3); 2020, c. 36, Sched. 33, s. 12 (3). Order to suspend (4.10) No order shall be made under clause (4.7) (b), unless the member has been given, (a)  notice of the Investigation Committee’s intention to make the order; and (b)  at least the prescribed time period to make written submissions in respect of the order to the Investigation Committee. 2018, c. 8, Sched. 19, s. 3 (3). Same (4.11) Despite clause (4.10) (b), an order may be made without notice to the member, subject to the right of the member to make submissions while the suspension is in place, if the Investigation Committee is of the opinion on reasonable and probable grounds that the physical or mental state of the member exposes or is likely to expose a student to harm or injury and urgent intervention is needed. 2018, c. 8, Sched. 19, s. 3 (3). Same (5) The Investigation Committee in accordance with the information it receives may, (a)  direct that the matter be referred, in whole or in part, to the Discipline Committee or the Fitness to Practise Committee; (b)  direct that the matter not be referred under clause (a); (c)  require the person complained against to appear before the Investigation Committee to be cautioned or admonished; or (d)  take such action as it considers appropriate in the circumstances and that is not inconsistent with this Act, the regulations or the by-laws, including, (i)  issuing a caution, reminder, advice or admonishment to the person complained against, or (ii)  requiring the member to complete remedial training or education.  1996, c. 12, s. 26 (5); 2016, c. 24, Sched. 2, s. 5 (8, 9); 2023, c. 11, Sched. 3, s. 6 (1). Decision and reasons (6) The Investigation Committee shall give its decision in writing to the Registrar for the purposes of subsection (7) and, except where the decision is made under clause (5) (a), its reasons for the decision.  1996, c. 12, s. 26 (6); 2009, c. 33, Sched. 13, s. 2 (9). Notice (7) The Registrar shall provide the complainant and the person complained against with a copy of the written decision made by the Investigation Committee and its reasons for the decision, if any.  1996, c. 12, s. 26 (7); 2009, c. 33, Sched. 13, s. 2 (9). Same (7.1) Despite subsection (7), the Registrar shall not disclose personal health information regarding the member to the complainant, including, without limitation, personal health information set out in any report provided under subsection (4.8). 2018, c. 8, Sched. 19, s. 3 (3). No hearing (8) Except as provided by this section, the Investigation Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this section or under section 26.1.  1996, c. 12, s. 26 (8); 2016, c. 24, Sched. 2, s. 5 (10). Application of section, related criminal conviction (9) If a member has been convicted or found guilty of an offence under the Criminal Code
(Canada) for the same conduct or action that is the subject matter of a complaint, the Investigation Committee may refer the matter, in whole or in part, to the Discipline Committee and, in that case, subsections (1) to (8) cease to apply and the Registrar shall notify the complainant of the referral. 2023, c. 11, Sched. 3, s. 6 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2016, c. 24, Sched. 2, s. 5 (1-11) - 05/12/2016 2018, c. 8, Sched. 19, s. 3 (1, 2) - 08/05/2018; 2018, c. 8, Sched. 19, s. 3 (3) - 30/10/2020 2019, c. 3, Sched. 3, s. 9 - 03/04/2019 2020, c. 36, Sched. 33, s. 12 (1-3) - 01/02/2021 2023, c. 11, Sched. 3, s. 6 (1, 2) - 08/06/2023