30. (1) In proceedings before the Discipline Committee, the Association and the member of the Association or the holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence whose conduct is being investigated in the proceedings are parties to the proceedings.  R.S.O. 1990, c. P.28, s. 30 (1); 2001, c. 9, Sched. B, s. 11 (44). Examination of documentary evidence (2) A member or holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence whose conduct is being investigated in proceedings before the Discipline Committee shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. P.28, s. 30 (2); 2001, c. 9, Sched. B, s. 11 (45). Members holding hearing not to have taken part in investigation, etc. (3) Members of the Discipline 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 considering the referral of the matter to the Discipline Committee or at a previous hearing of the Committee, and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or representative of a party except upon notice to and opportunity for all parties to participate, but the Committee may seek legal advice from an adviser independent from the parties and, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. P.28, s. 30 (3). Public hearings (4) Hearings of the Discipline Committee shall be open to the public, subject to subsection (4.1).  2001, c. 9, Sched. B, s. 11 (46). Exception (4.1) The Discipline Committee may order that the public be excluded from all or part of a hearing if the following conditions are satisfied: 1.  The person whose conduct is being investigated delivers to the Registrar, before the day fixed for the hearing or part, a written request that the hearing or part be closed. 2.  The Discipline Committee is satisfied that, i.  matters involving public security may be disclosed at the hearing or part, or ii.  financial or personal or other matters may be disclosed at the hearing or part, of such a nature that the desirability of avoiding public disclosure of these matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public.  2001, c. 9, Sched. B, s. 11 (46). Recording of evidence (5) The oral evidence taken before the Discipline Committee shall be recorded and, if so required, copies of a transcript thereof shall be furnished to any person upon the same terms as in the Superior Court of Justice.  R.S.O. 1990, c. P.28, s. 30 (5); 2001, c. 9, Sched. B, s. 11 (66); 2017, c. 34, Sched. 34, s. 12 (1). Copies of evidence (5.1) The Registrar shall provide a copy of any document received in evidence in the proceeding to any person who requests it and pays the specified fee. 2017, c. 34, Sched. 34, s. 12 (2). Limitation (5.2) Subsections (5) and (5.1) are subject to any applicable order made under subsection (4.1). 2017, c. 34, Sched. 34, s. 12 (2). Evidence (6) Despite the Statutory Powers Procedure Act, nothing is admissible in evidence before the Discipline Committee that would be inadmissible in a court in a civil case and the findings of the Discipline Committee shall be based exclusively on evidence admitted before it.  R.S.O. 1990, c. P.28, s. 30 (6). Only members at hearing to participate in decision (7) No member of the Discipline Committee shall participate in a decision of the Committee following upon a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties.  R.S.O. 1990, c. P.28, s. 30 (7). Release of documentary evidence (8) Documents and things put in evidence at a hearing of the Discipline Committee shall, upon the request of the party who produced them, be returned by the Committee within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. P.28, s. 30 (8). Continuation on expiry of Committee membership (9) Where a proceeding is commenced before the Discipline Committee and the term of office on the Council or on the Committee of a member sitting for the hearing expires or is terminated, other than for cause, 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 the term of office had not expired or been terminated.  R.S.O. 1990, c. P.28, s. 30 (9). Service of decision of Discipline Committee (10) Where the Discipline Committee finds a member of the Association or a holder of a certificate of authorization, temporary licence, provisional licence or limited licence 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 or holder.  R.S.O. 1990, c. P.28, s. 30 (10); 2001, c. 9, Sched. B, s. 11 (47). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (44-47) - 28/02/2003;
2001, c. 9, Sched. B, s. 11 (66) - 29/06/2001 2017, c. 34, Sched. 34, s. 12 (1, 2) - 14/12/2017