TRANSPARENCY
Posting criminal charges, findings
of guilt from other jurisdictions
Council is circulating a by-law for consultation
C
ouncil has proposed a by-law
that, if approved, will see criminal
charges and findings of guilt from
other jurisdictions that occur after
January 1, 2019 posted on the public register.
The intention is to post charges and findings
of guilt only for offences that are comparable
to offences under the Controlled Drugs and
Substances Act, Ontario Health Insurance Act
and Criminal Code of Canada.
Currently, only charges, bail conditions and
findings of guilt under the Criminal Code of
Canada, Controlled Drugs and Substances Act
and Ontario Health Insurance Act are posted on
the public register.
The proposed by-law is now being circulated
to the profession. Please provide any comments
to [email protected].
The Council of the College of Physicians
and Surgeons of Ontario proposes to make the
following By-law No. 125, after circulation to
stakeholders:
By-law No. 125
(1) Paragraph 49(1)19 of By-law No. 1 (the
General By-law) is revoked and the following is
substituted:
19. Where there has been a finding of guilt
made against a member (a) under the Health
Insurance Act (Ontario), on or after June 1,
2015, (b) under any criminal laws of another
jurisdiction, on or after January 1, 2019, or (c)
under laws of another jurisdiction comparable
to the Health Insurance Act (Ontario) or the
Controlled Drugs and Substances Act (Canada),
on or after January 1, 2019 and if the finding
and/or appeal is known to the College:
(i) a brief summary of the finding;
(ii) a brief summary of the sentence;
(iii) where the finding is under appeal, a
notation that it is under appeal, until the
appeal is finally disposed of; and
(iv) the dates of (i)-(iii), if known to the Col-
lege.
(2) Paragraph 49(1)26 of the By-law No. 1
(the General By-law) is revoked and the fol-
lowing is substituted:
26. Where a member has been charged
with an offence under the Health Insurance
Act (Ontario), under any criminal laws of
another jurisdiction or under laws of another
jurisdiction comparable to the Health Insur-
ance Act (Ontario) or the Controlled Drugs
and Substances Act (Canada), and the charge
is outstanding and is known to the College,
the fact and content of the charge and, if
known to the College, the date and place of
the charge.
MD
ISSUE 2, 2019 DIALOGUE
31