16. (1) The Discipline Committee shall, (a) when so directed by the Registrar, the Board or the Executive Committee, hear and determine allegations of professional misconduct or incompetence against a funeral director; (b) hear and determine matters referred to it by the Registrar, the Board or the Executive Committee under this Act with respect to funeral directors; and (c) perform such other duties as are assigned to it by the Board.  R.S.O. 1990, c. F.36, s. 16 (1); 2006, c. 34, Sched. D, s. 90 (1). Professional misconduct (2) A funeral director may be found guilty of professional misconduct by the Discipline Committee if, (a) the funeral director has been found guilty of an offence that is relevant to the funeral director’s suitability to practise as a funeral director, upon proof of such conviction; or (b) the funeral director has been guilty in the opinion of the Discipline Committee of professional misconduct as prescribed.  R.S.O. 1990, c. F.36, s. 16 (2). Incompetence (3) The Discipline Committee may find a funeral director to be incompetent if in its opinion, (a) the funeral director has displayed a lack of knowledge, skill or judgment of a nature or to an extent that demonstrates the funeral director is unfit to continue as a funeral director; (b) the funeral director is suffering from a physical or mental condition or disorder of a nature and extent that makes it desirable in the interest of the public that the funeral director no longer be permitted to continue as a funeral director.  R.S.O. 1990, c. F.36, s. 16 (3); 2006, c. 34, Sched. D, s. 90 (2). Examinations (4) If the Discipline Committee is required to hear and determine allegations of incompetence under clause (3) (b), the Discipline Committee may require the funeral director who is the subject of the hearing to submit to a physical or mental examination, or both, by such persons as the Board designates.  R.S.O. 1990, c. F.36, s. 16 (4). (5) Repealed:  2006, c. 34, Sched. D, s. 90 (3). Evidence (6) A legally qualified medical practitioner who conducts a physical or mental examination required under this section is not compellable to produce at the hearing his or her case histories, notes or any other records that may constitute medical evidence.  R.S.O. 1990, c. F.36, s. 16 (6). Report (7) A person who conducts an examination under this section shall upon completing the examination forthwith prepare and deliver to the Registrar a report that contains facts, findings and conclusions and suggested treatment, if any.  R.S.O. 1990, c. F.36, s. 16 (7). Idem (8) A report that is prepared as a result of an examination that is conducted under this section shall be delivered by the Registrar to the funeral director, (a) if the examination is required prior to the hearing, at least five days prior to the commencement of the hearing; or (b) if the examination is required during the course of the hearing, at least five days prior to its introduction as evidence.  R.S.O. 1990, c. F.36, s. 16 (8). Idem (9) A report that is prepared as a result of an examination that is conducted under this section is receivable as evidence without proof of its making or the signature of the person making the report.  R.S.O. 1990, c. F.36, s. 16 (9). Right to cross examine (10) A party to the hearing who is not tendering a report as evidence has the right to summon and cross examine the person who made the report on the contents of the report.  R.S.O. 1990, c. F.36, s. 16 (10). Powers of Discipline Committee (11) If the Discipline Committee finds a funeral director guilty of professional misconduct or incompetence, it may do any of the following things or any combination of the following things: 1. Recommend to the Registrar that the Registrar revoke the licence of the funeral director. 2. Recommend to the Registrar that the Registrar suspend the licence of the funeral director for a stated period. 3. Recommend to the Registrar that the Registrar impose restrictions on the licence of the funeral director for a period and subject to the conditions specified by the Discipline Committee. 4. Reprimand the funeral director. 5. Impose whatever fine the Discipline Committee considers appropriate to a maximum of $25,000 to be paid by the funeral director to the Minister of Finance or another person who is prescribed. 6. Direct that the imposition of a penalty be suspended or postponed for the period and upon the terms specified by the Discipline Committee.  2006, c. 34, Sched. D, s. 90 (4). (12) Repealed:  2006, c. 34, Sched. D, s. 90 (4). Costs (13) If the Discipline Committee is of the opinion that the commencement of the proceedings was unwarranted, the Committee may order that the Board reimburse the funeral director for the funeral director’s costs or such portion thereof as the Discipline Committee fixes.  R.S.O. 1990, c. F.36, s. 16 (13). (14), (15) Repealed:  2006, c. 34, Sched. D, s. 90 (5). Service of decision of Discipline Committee (16) If the Discipline Committee finds a funeral director 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 funeral director.  R.S.O. 1990, c. F.36, s. 16 (16). Continuation on expiry of Committee membership (17) If a proceeding is commenced before the Discipline Committee and the term of office on the Board or on the Committee of a member sitting for the hearing expires or is terminated before the proceeding is disposed of but after evidence has been heard, the member shall be deemed to remain a member of the Discipline Committee for the purpose of completing the disposition of the proceeding in the same manner as if his or her term of office had not expired or been terminated.  R.S.O. 1990, c. F.36, s. 16 (17).