Dialogue Volume 15, Issue 2 2019 | Page 31

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