Refused registration, membership, or licensure
1. Have you been refused registration, membership, or licensure with a regulatory body in Canada or elsewhere?
A regulatory body is an organization that is required under a law to govern a profession. Licensing agency, regulatory agency, and regulatory authority are often terms used to describe a regulatory body.
Facing a proceeding
2. Are you currently facing a proceeding (such as a hearing) for professional misconduct, incompetence, incapacity or a similar issue in Canada or elsewhere?
Facing a proceeding
You are currently facing a proceeding if you have been notified by a regulatory body or licensing agency that there will be a hearing to make a decision about allegations against you related to professional misconduct, incompetence, incapacity, or a similar issue.
Professional misconduct
Professional misconduct is behaviour outside the bounds of what is considered acceptable or worthy of membership by the governing body of a profession.
Incompetence
Incompetence is lacking the knowledge, skill, or judgement to safely work in a profession.
Incapacity
Incapacity is a physical or mental condition or disorder that prevents a professional from being able to safely work in a profession.
Note: You do not have to report that a complaint has been made against you or that you are under investigation unless a decision has been made to hold a discipline or other hearing; in which case you are then facing a proceeding.
You are not required to report proceedings initiated by this College.
Finding of professional misconduct, incompetence, incapacity
3. Have you had a finding of professional misconduct, incompetence, incapacity, or similar issue in Canada or elsewhere?
Finding of professional misconduct
A finding means that a decision has been made by a regulatory body or licensing agency after a formal hearing. For example, a finding by a Discipline Committee that you are incompetent and have committed an act of professional misconduct, or a finding of incapacity by a Fitness to Practise Committee.
Professional misconduct
Professional misconduct is behaviour outside the bounds of what is considered acceptable or worthy of membership by the governing body of a profession.
Incompetence
Incompetence is lacking the knowledge, skill, or judgement to safely work in a profession.
Incapacity
Incapacity is a physical or mental condition or disorder that prevents a professional from being able to safely work in a profession.
You are not required to report findings made by this College.
Finding of professional negligence or malpractice
4. Have you ever had a finding of professional negligence or malpractice in Canada or elsewhere?
A decision made by a judge, a decision-maker at a tribunal or another public authority, that you have failed to provide the quality of care that should reasonably be expected in the circumstances, with the result that a patient or client has been harmed.
Charged with any offence
5. Have you been charged with any offence in Canada or elsewhere?
You must report if you have been charged with any offence regardless of the country, province, or state in which the charge originated, including charges for criminal, quasi- criminal, and regulatory offences.
The only types of offences you are not required to report to the College are those referred to as "ticketable" offences.
Ticketable offence is any offence prosecuted pursuant to Parts I or II of the Provincial Offences Act, 1990. Ticketable offence is a type of quasi-criminal offence.
Examples of ticketable offences include speeding and parking infractions, as well as failing to stop at a red light under the Highway Traffic Act, 1991, or consuming alcohol in a public place under the Liquor Licence Act, 1990.
Criminal offence is any offence found in Canada’s Criminal Code. Examples of criminal offences include murder, manslaughter, theft, and assault.
Quasi-criminal offence is any non-criminal offence that carries a penalty similar to a criminal offence such as a fine or imprisonment. Examples of quasi-criminal offences are fishing or hunting without first obtaining the appropriate license under the Fish and Wildlife Conservation Act, 1997, or obstructing an inspector while an inspector is performing duties under the Occupational Health and Safety Act, 1990.
Regulatory offence is any non-criminal offence that violates legislation that regulates conduct in the public interest. Examples include a regulated health professional failing to report the suspected sexual abuse of a patient/client, or an unauthorized person performing a controlled act, such as prescribing, which would violate the Regulated Health Professions Act, 1991. Regulatory offences are often dealt with at administrative tribunals and not in a court setting.
Subject to any conditions or restrictions by a court
6. Are you currently subject to any conditions or restrictions (such as bail conditions) by a court (or similar authority) in Canada or elsewhere?
An order of the court other lawful authority that dictates what you may or may not do while charges are outstanding.
Examples of bail conditions are:
- The accused must report to authorities at a specific time and place.
- The accused must not communicate with any victim or witness.
- The accused must abide by other conditions considered necessary for the safety and security of victims or witnesses.
Found guilty by a court or other lawful authority of any offence
7. Have you been found guilty by a court or other lawful authority of any offence in Canada or elsewhere?
A court or other lawful authority has decided that you committed an offence or broke a law that is prosecuted in a court or before another lawful authority such as a tribunal. Even if you were given a sentence such as a conditional or absolute discharge, you can be "found guilty" of an offence. Note: You are not required to report speeding or parking infractions, or other types of "ticketable" offences to the College.
Ticketable offence is any offence prosecuted pursuant to Parts I or II of the Provincial Offences Act, 1990. Ticketable offence is a type of quasi-criminal offence. Examples of ticketable offences include speeding and parking infractions, as well as failing to stop at a red light under the Highway Traffic Act, 1991, or consuming alcohol in a public place under the Liquor Licence Act, 1990.
Events, circumstances, conditions or matters that might affect your ability to practise
8. Are there any events, circumstances, conditions or matters not disclosed in your answers to the preceding questions in respect to your character, conduct, competence or physical or mental capacity that might affect your ability to practise occupational therapy in a safe and professional manner?
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Evidence that someone might not be of good character or has displayed poor conduct could include evidence of untrustworthiness or dishonesty.
- Evidence of lack of competence may include actions which harmed a client or a member of the public, or actions which might affect the public’s confidence in occupational therapists.
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Physical and mental capacity refers to conditions or disorders that might affect your ability to practise safely and professionally.
When the College asks you whether something might affect your ability to practise, we are trusting you— as a professional who can make decisions based on your own judgement—to make an informed and reasoned judgement about whether your condition or disorder does or will affect your ability to practise safely and professionally.
It is important to know that providing information to us about a condition or disorder that affects your ability to practise is a positive action. This action shows you have an awareness of a possible effect on your ability to practice and will not prevent you from registration as long as you manage your condition or disorder appropriately and have insight and understanding.
You do not need to report conditions or disorders that will not impact your ability to practise.
You do not need to report information about a condition or disorder that might affect your practice if you are managing that condition or disorder and have appropriately limited or adapted your practice to safeguard against any associated risks.
If you are not sure whether you have appropriately adapted or limited your practice to effectively safeguard against any impact a condition or disorder may have on your ability to practise, you must report information about the condition or disorder to the College.
If you are not sure whether a condition or disorder affects your ability to practise, you should report this information to the College and provide as much information as possible, so the College can assess any potential impact on your practice.
The two examples below show how the same condition may (or may not) affect a professional’s ability to practise, depending on their insight and understanding.
A recent graduate with epilepsy is applying for registration. While the applicant has had epilepsy since he was a child, he has been taking the same kind of medication for more than two years and has not had a seizure during this time. He has made plans for working with his condition. This includes telling his colleagues about it and keeping a small supply of his medication somewhere safe at work in case he needs it. The applicant’s insight and understanding of his condition, and the way he is taking responsibility for his continuing treatment, means his epilepsy should not affect his ability to practise his profession. He is not required to provide this information to the College.
An individual with epilepsy is applying for registration. While this applicant has been prescribed medication by his doctor to help manage his condition, he often avoids taking the medication because he experiences side effects. Because of this, he has recently had seizures. He is unwilling to talk to his doctor about ways of better managing his epilepsy. This applicant needs to disclose this information to the College because he is not managing his condition appropriately and this is likely to affect his ability to practise safely.
In a case such as this, it is not the condition of the applicant that determines we need to look at the situation. Instead, it is the concerns about the effect of their condition on their ability to practise safely.
Note: These examples have been adopted from How we consider information applicants and registrants declare: Guidance on health and character, (amended on August 2017), Health & Care Professions Council.