New Mandatory Reporting Obligations
All regulated health professionals in Ontario, including dentists, are now required to report additional information to their regulatory colleges. The Government of Ontario established new mandatory reporting requirements which came into effect on May 1, 2018.
Questions about your mandatory reporting obligations? Contact Practice Advisory.
What do I need to report?
Effective immediately, you must report to the College in writing any of the following circumstances if they occurred during the time you have been a member of the RCDSO:
Report the following
A finding of guilt relating to any offence
- The nature of the offence
- A description of the offence
- The date on which you were found guilty
- The name and location of the court in which you were found guilty
- The status of any outstanding appeal
You have been charged with any offence
If you were previously charged with an offence and the matter concluded before 1 May 2018 with no finding of guilt against you, you do not need to report that charge
- The nature of the charge
- A description of the charge
- The date the charge was laid
- The name and location of the court where the charge was laid
- The status the proceedings for the charge
Conditions of release (bail conditions or restrictions) following a charge for any offence or subsequent to a finding of guilt and pending appeal
- Every bail condition imposed upon you as a result of being charged with an offence
- Any other restriction imposed upon you by a court relating to a charge
- Any other restriction to which you agreed relating to a charge
- The name and location of the court where the bail condition or restriction was imposed/agreed to
- Any variations to bail conditions or restrictions you previously reported to the College
You have been the subject of a disciplinary finding or finding of professional misconduct or incompetence by another regulatory or licensing authority in any jurisdiction
- The nature of finding
- A description of the finding
- The date of the finding
- The jurisdiction (name of the body and location) in which the finding was made
- The existence and status of any appeal
The report should not contain any information that violates a publication ban.
If you are unsure about how to answer these questions, you may wish to consult with a legal representative. The person who originally represented you in the matter may be able to assist you best.
When completing the annual renewal questionnaire later this year, all members will be required to report if they are a member of another body that governs a profession inside or outside of Ontario.
Will this information be made public?
The College is required to make information available to the public about:
- Findings of guilt under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada).
- Outstanding charges under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada).
- Currently existing conditions of release following a charge under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) and conditions of release subsequent to a finding of guilt. The College must also make information available about any variations to those conditions, if applicable.
- A licence or registration to practice another profession in Ontario.
- A licence or registration to practice any profession in another jurisdiction.
- Disciplinary findings and findings of professional misconduct or incompetence made by a regulatory or licensing authority in any jurisdiction.
The required information will be posted on the College’s Register. The Government has made exceptions where a member has received a record suspension from the Parole Board of Canada, a pardon, or the conviction has been overturned on appeal, which information should be noted when the report is submitted to the College. For further information, see the Government’s Regulation on this subject.
The College’s By-Laws also require us to post on the Register information about findings of guilt for offences other than those under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) if the Registrar believes this would be in the public’s interest.
Where do I send the information?
If any of the above applies to you, report via email to email@example.com.
If the above does not apply, no response is required at this time. However, if any of the above circumstances arise in the future, you are legally obliged to report this information to the College in writing as soon as is reasonably possible.
What if the findings were made by a court or another regulator before I became a member of the RCDSO?
The reporting requirements apply only to the time period during which you were also a member of the RCDSO.
I previously reported some of this information to the College. Do I need to report it again now?
Yes. Changes to the legislation and introduction of a new Regulation mean that more detail is now required and that more information must be posted publicly to increase transparency. To ensure that you have met your reporting obligations, follow the instructions above.
What happens if I don’t report?
Failure to report this information to the College in a timely manner may result in regulatory consequences, including a referral of allegations of professional misconduct to the College’s Discipline Committee for a hearing.
Questions? Contact Practice Advisory.
Click here to read the relevant sections of the Regulated Health Professions Act, 1991 (sections 85.6.1 through 85.6.4).
Click here to read the new Regulation that sets out additional information that must be posted on the College’s Register.