BOOK 0004 A COMPLETE GUIDE TO THE REGULATED HEALTH PROFESSIONS ACT

Authored by: Richard Steinecke, B.A.., LL.B.

Published by: Canada Law Book Inc.

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Contact: Ms Elaine Hargrave

Quotes taken:

near bottom of page 8-1 to top of page 8-2 

2. RECONSIDERATION OF DECISION BY DISCIPLINE OR FITNESS TO PRACTICE  COMMITTEE

Recent amendments to the Statutory Powers Procedure Act(1) permit the discipline committee or the fitness to practise committee to make rules authorizing the review of all or part of its own decisions or orders. Any review must take place within a reasonable time from the making of the decision or order. On a review, the committee may confirm, vary, suspend or cancel the decision or order.(2) It is too early to tell whether committees will make the necessary rules permitting a review or whether such powers would be used very often.

Even without a rule, there are certain circumstances in which a tribunal can reconsider its decision. If there is a slip or error or if the decision is a nullity, for example because of a denial of natural justice, the tribunal may be able to reconsider its decision.(2a)

(1) R.S.O., 1990, c. S.22.

(2) Statutory Powers Procedure Act, s. 21.2.

(2a) Chandler v. Alberta Assn. Of Architects, (1989) 2 S.C.R. 848, 62 D.L.R. (4^th) 577, (1989) 6 W.W.R. 521; Ontario (Employment Standards Officer) v. Metro International Trucks Ltd. (1996), 133 D.L.R. (4^th) 236 (Ont. Div.Ct.) (a decision based on an important error of fact is a nullity and matter may be reconsidered); Gagnon v. College of Pharmacists of British Columbia (1997), 148 D.L.R. (4^th) 306 (B.C.C.A.) (oral pronouncement to be followed by written reasons permits reconsideration of finding).