26 (1) If the Discipline Committee is directed by the Council to hear and determine allegations of professional misconduct or incompetence against a member of the Association, the Committee shall appoint a discipline panel to hear and determine the matter.  2009, c. 33, Sched. 22, s. 11 (26). Composition of discipline panel (1.1) A discipline panel shall consist of five members of the Discipline Committee and shall include, (a)  at least one member of the Committee appointed under clause 25 (1) (b); and (b)  at least two members of the Committee appointed under clause 25 (1) (c).  2009, c. 33, Sched. 22, s. 11 (26). Eligibility to sit on panel (1.2) Members of a discipline panel appointed to hold a hearing shall not, before the hearing, have taken part in any investigation or consideration of the subject matter of the hearing, other than as a member of the Council considering the referral of the matter to the Discipline Committee or at a previous hearing by a discipline panel.  2009, c. 33, Sched. 22, s. 11 (26). Professional misconduct (2) A member of the Association may be found guilty of professional misconduct by a discipline panel if, (a)  the member has been found guilty of an offence relevant to his or her suitability to practise, upon proof of such conviction; (b)  in the opinion of the discipline panel, the member is guilty of professional misconduct as defined in the regulations.  R.S.O. 1990, c. S.29, s. 26 (2); 2009, c. 33, Sched. 22, s. 11 (27, 28). Incompetence (3) A discipline panel may find a member of the Association to be incompetent if in its opinion, (a)  the member has displayed in the member’s professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of the public the member serves of a nature or to an extent that demonstrates the member is unfit to carry out the responsibilities of a person engaged in the practice of professional surveying; or (b)  the member is suffering from a physical or mental condition or disorder and the nature or extent of the condition or disorder is such that it is in the interest of the public, of the member or of both that the member no longer be permitted to practise or that his or her practice be restricted.  R.S.O. 1990, c. S.29, s. 26 (3); 2009, c. 33, Sched. 22, s. 11 (29-31). Powers of discipline panel (4) If a discipline panel finds a member of the Association guilty of professional misconduct or incompetence it may, by order, (a)  revoke the licence or certificate of registration, as the case may be, of the member; (b)  suspend the licence or certificate of registration, as the case may be, of the member for a stated period, not exceeding twenty-four months; (c)  accept the undertaking of the member to limit the professional work of the member in the practice of professional surveying to the extent specified in the undertaking; (d)  impose terms, conditions and limitations on the licence or certificate of registration, as the case may be, of the member, including but not limited, in the case of a member, to the successful completion of a particular course or courses of study, as are specified by the discipline panel; (e)  impose specific restrictions on the licence or certificate of registration, as the case may be, or on the certificate of authorization, including but not limited to, (i)  requiring the member to engage in the practice of professional surveying only under the personal supervision and direction of another member, (ii)  requiring the member to not alone engage in the practice of professional surveying, (iii)  requiring the member to accept periodic inspections by the discipline panel or its delegate of the books, accounts, records and plans of the member in connection with the member’s practice, (iv)  requiring the member to report to the Registrar or to such committee of the Council as the discipline panel may specify on such matters in respect of the member’s practice for such period of time, at such times and in such form, as the discipline panel may specify; (f)  require that the member be reprimanded, admonished or counselled and, if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the register; (g)  revoke or suspend for a stated period of time the designation of the member by the Association as a specialist in any branch of professional surveying; (h)  impose the fine that the discipline panel considers appropriate, to a maximum of $5,000, to be paid by the member to the Minister of Finance for payment into the Consolidated Revenue Fund; (i)  require the member to repay, waive or reduce the fee charged by the member in respect of the practice of professional surveying related to the finding of professional misconduct or incompetence; (j)  Repealed:  2009, c. 33, Sched. 22, s. 11 (40). (k)  fix and impose costs to be paid by the member to the Association; (l)  direct that the imposition of a penalty be suspended or postponed for the period and upon the terms or for the purpose that the discipline panel specifies, including but not limited to any combination of the following: (i)  the successful completion by the member of a particular course or courses of study, (ii)  the production to the Discipline Committee of evidence satisfactory to it that any physical or mental incapacity in respect of which the penalty was imposed has been overcome.  R.S.O. 1990, c. S.29, s. 26 (4); 2009, c. 33, Sched. 2, s. 72; 2009, c. 33, Sched. 22, s. 11 (32-41). Publication of orders (5) The Discipline Committee shall cause a decision of a discipline panel to be published, with or without the reasons for it, in an official publication of the Association and shall ensure that the member who was the subject of the disciplinary proceedings is named in the publication.  2009, c. 33, Sched. 22, s. 11 (42). Costs (6) If the discipline panel is of the opinion that the commencement of the proceedings was unwarranted, the panel may order that the Association reimburse the member for the member’s costs or the portion of the costs that the panel fixes and the Association shall comply with the order.  2009, c. 33, Sched. 22, s. 11 (42). No stay on appeal for incompetence (7) If a discipline panel revokes, suspends or restricts a licence or certificate of registration on the ground of incompetence, the decision takes effect immediately even if an appeal is taken from the decision.  2009, c. 33, Sched. 22, s. 11 (42). Exception (8) Despite subsection (7), if an appeal is taken from a decision mentioned in that subsection, the court to which the appeal is taken may, in the circumstances that it considers appropriate, order a stay of the decision until the time that the court specifies.  2009, c. 33, Sched. 22, s. 11 (42). Stay on appeal for professional misconduct (9) If a discipline panel revokes, suspends or restricts a licence or certificate of registration on the ground of professional misconduct, the decision does not take effect until, (a)  the time for an appeal from the decision has expired and no notice of appeal is filed; or (b)  if notice of appeal is filed within the appropriate time, the final disposition of the appeal.  2009, c. 33, Sched. 22, s. 11 (42). Exception (10) Despite subsection (9), a discipline panel that makes a decision mentioned in that subsection may order that the decision is to take effect immediately or at the other time that the panel determines if the panel believes it is necessary for the protection of the public.  2009, c. 33, Sched. 22, s. 11 (42). Service of decision (11) If the discipline panel finds a member guilty of professional misconduct or incompetence, a copy of the decision shall be served upon the person complaining in respect of the conduct or action of the member.  2009, c. 33, Sched. 22, s. 11 (42). Expiry of other membership (12) A Discipline Committee member who is sitting at a hearing on a discipline panel and whose term of office on the Council or on the Discipline Committee expires or terminates before a decision is rendered on the matter being heard may continue to sit as a member of the panel and participate in the hearing and rendering of the decision.  2009, c. 33, Sched. 22, s. 11 (42). Exception (13) A member may not continue to sit as a member of a discipline panel or to participate in a hearing or the rendering of a decision under subsection (12) if the member’s term of office is terminated for cause.  2009, c. 33, Sched. 22, s. 11 (42). Incapacity of member (14) If a discipline panel is conducting a hearing and one or two of the five members of the panel become unable, for any reason, to complete the hearing or participate in the decision, the remaining members may complete the hearing and give a decision.  2009, c. 33, Sched. 22, s. 11 (42). Same, new panel (15) If a discipline panel is conducting a hearing and more than two of the five members of the panel become unable, for any reason, to complete the hearing or participate in the decision, a new panel shall be appointed and a new hearing commenced.  2009, c. 33, Sched. 22, s. 11 (42). Case of tie (16) If one of the five members of a discipline panel has become unable to continue with respect to a matter that is before the panel and the four remaining members of the panel are divided equally as to the guilt of the member of the Association who is the subject of the hearing, that is to say two believe that the member should be found guilty and two believe that the member should not be found guilty, the panel shall find that the member is not guilty of incompetence or professional misconduct, as the case may be.  2009, c. 33, Sched. 22, s. 11 (42). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 72 - 15/12/2009; 2009, c. 33, Sched. 22, s. 11 (26-42) - 15/12/2009