33 (1) In this section, “board of inquiry” means a board of inquiry appointed by the Executive Committee under subsection (2). R.S.O. 1990, c. V.3, s. 33 (1). Board of inquiry (2) Where the Registrar receives information leading the Registrar to believe that a member of the College may be impaired, the Registrar shall make such inquiry as he or she considers appropriate and report to the Executive Committee which may, upon notice to the member of the College, appoint a board of inquiry composed of at least two members of the College and one member of the Council appointed thereto by the Lieutenant Governor in Council. R.S.O. 1990, c. V.3, s. 33 (2). Examination (3) The board of inquiry shall make such inquiries as it considers appropriate and may require the member of the College to submit to physical and mental examinations by such qualified persons as the board of inquiry designates, but not to more than one examination in each area of medical specialty and if the member of the College refuses or fails to submit to such examinations, the board of inquiry may order that the member’s licence be suspended until he or she complies. R.S.O. 1990, c. V.3, s. 33 (3). Hearing by Registration Committee (4) The board of inquiry shall report its findings to the Executive Committee and deliver a copy thereof and a copy of any report obtained under subsection (3) to the member of the College about whom the report is made and if, in the opinion of the Executive Committee, the evidence so warrants, the Executive Committee shall refer the matter to the Registration Committee to hold a hearing and may suspend the member’s licence until the determination of whether or not the member is impaired becomes final. R.S.O. 1990, c. V.3, s. 33 (4). Parties (5) The College, the member of the College being investigated and any other person specified by the Registration Committee are parties to a hearing before the Registration Committee under this section. R.S.O. 1990, c. V.3, s. 33 (5). Medical evidence (6) A legally qualified medical practitioner is not compellable to produce at the hearing his or her case histories, notes or any other records constituting medical evidence but, when required to give evidence, shall prepare a report containing the medical facts, findings, conclusions and treatment. R.S.O. 1990, c. V.3, s. 33 (6). Idem (7) The report required under subsection (6) is receivable in evidence without proof of its making or of the signature of the legally qualified medical practitioner making the report but a party who is not tendering the report as evidence has the right to summon and cross-examine the medical practitioner on the contents of the report. R.S.O. 1990, c. V.3, s. 33 (7). Powers of Registration Committee (8) The Registration Committee shall, after the hearing, (a)  make a finding as to whether or not the member of the College is impaired; and (b)  where the member of the College is found to be impaired, by order, (i)  revoke the member’s licence, (ii)  suspend the member’s licence either indefinitely or pending the demonstration of such facts as the Committee specifies, or (iii)  impose such conditions and limitations upon the member’s licence as the Committee considers appropriate. R.S.O. 1990, c. V.3, s. 33 (8). Procedures (9) Subsections 28 (5) to (15) and 29 (1), (2), (3) and (5), which relate to proceedings of the Discipline Committee, apply with necessary modifications to proceedings of the Registration Committee under this section. R.S.O. 1990, c. V.3, s. 33 (9); 2021, c. 25, Sched. 27, s. 5 (2). Closed to the public (10) Despite the Statutory Powers Procedure Act, a hearing by the Registration Committee under this section shall be closed to the public but, if the member of the College who is the subject-matter of the hearing requests otherwise by a notice delivered to the Registration Committee before the day fixed for the hearing, the Registration Committee shall conduct the hearing in public except where, (a)  matters involving public security may be disclosed; or (b)  the possible disclosure of intimate financial or personal matters outweighs the desirability of holding the hearing in public. R.S.O. 1990, c. V.3, s. 33 (10). Continuing jurisdiction over former member (11) Subsections (1) to (10) apply with necessary modifications to an inquiry or hearing into whether or not a former member of the College was impaired when he or she was a member of the College, and for such purposes the board of inquiry or Registration Committee, as the case may be, may provide that the revocation or suspension of a licence or the imposition of conditions or limitations upon a licence take effect at the same time as or immediately after an existing revocation or suspension. R.S.O. 1990, c. V.3, s. 33 (11). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 27, s. 5 (2) - 03/06/2021