Alternative Dispute Resolutions (ADR), Compliance Undertakings and Notice of Contraventions

Discipline Hearings and Alternative Dispute Resolutions (ADR)

The College has a duty to serve and protect the public at all times, regulate the professions' practice, and govern members in accordance with the Optician Act and Bylaws.  The public and the opticianry profession deserve fair, timely and effective resolutions of complaints of professional incompetence and professional misconduct.  To minimize costs and expedite the discipline process, the Professional Conduct Committee may resolve a complaint through meditation if the complaint is deemed not to require formal charges for a disciplinary hearing and if both parties agree to the Alternative Dispute Resolution (ADR) as per section 28(3) of the Regulatory Bylaws and Administrative Policy No 015 of Alternative Dispute Resolution (ADR) Process.  The Professional Conduct Committee may, with the consent of the complainant and the member whose conduct is subject of the complaint, resolve the substance of the complaint through a non-disciplinary, Alternative Dispute Resolution (ADR) process.

The results of each complaint remediated through an ADR process, and the identity of the member(s) that is the subject of the complaint shall be published on the College's website for general and specific deterrence and education purposes.  A Consent Resolution Agreement (CRA), a type of Alternative Dispute Resolution (ADR), may be the result of a resolution or remedy.

Compliance Undertakings and Notice of Contraventions
On completion of an investigation of a formal complaint against a registrant, the professional conduct may as per Section 29(3) of the Opticians Act, O-5.1 (2011):
 
 (g)accept an undertaking from the investigated member that provides one or more of the following:  
    (i) assessment of the investigated member’s capacity or fitness to practise in the profession;
    (ii) counselling or treatment of the investigated member;
          (iii)monitoring or supervision of the investigated member’s practice;
    (iv) completion by the investigated member of a specified course of studies by way of remedial training;
    (v) placing conditions on the investigated member’s right to practise in the profession;
 
 
This approach allows for corrective action without formal enforcement proceedings (discipline hearings), emphasizing compliance and remediation over punitive discipline measures.
 
These decisions will be posted on the website until the remediation requirements have been met by the investigated member, then the posting will be archived.