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Reviewing a Decision

Complainants and members of the College may request a review of the decision reached by a panel of the Inquiries, Complaints and Reports Committee (the "ICRC") within thirty days of receiving notice of the panel's decision. This review is made to the Health Professions Appeal and Review Board ("HPARB") which is a government-funded independent body constituted by members of the public who are not health care professionals. The HPARB can extend the time for requesting a review for an additional 60 days if it is satisfied that no person will be prejudiced. The HPARB cannot review decisions to refer allegations to the College's Discipline Committee or the Fitness to Practice Committee. In addition, the HPARB can refuse to conduct a review if it considers the request to have been frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process. Where a review is conducted, the HPARB may only examine the adequacy of the investigation conducted and/or the reasonableness of the decision reached by a panel of the ICRC. When a review is completed, the HPARB may do one of the following things:

  • uphold or confirm all or part of the panel's decision;
  • make recommendations to the panel; or
  • require the ICRC to take any action that it is permitted to take under the Opticianry Act or the Regulated Health Professions Act.

The HPARB must give a written summary of its decisions and reasons for those decisions to both concerned parties and to the ICRC.