When CMTO Contacts You
This page is for RMTs, whether employed, independent contractors or clinic owners, whose conduct or practice is under review. Because massage therapy involves close physical contact, a large share of serious matters involve allegations about draping, consent to treatment of sensitive areas, or sexual misconduct. Insurers and clinics also report billing concerns.
Illustrative example, not an actual CMTO letter
“The College has received a complaint alleging that, during a treatment in your clinic, you treated the client’s upper chest without obtaining consent and without appropriate draping. A copy of the complaint is enclosed for your response.”
There is no time limit for a client to file a complaint, so matters can concern treatments from several years ago.
Who Investigates and Who Decides
- Regulator
- The College of Massage Therapists of Ontario, continued, under the Massage Therapy Act, 1991. Its complaint, investigation and discipline procedures come from the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, 1991 (“the Code”), which applies to every regulated health profession in Ontario. The titles “massage therapist” and “registered massage therapist” are restricted to members (s. 7).
- Who investigates
- CMTO’s Professional Conduct department. In a Registrar’s investigation you must co-operate fully (Code, s. 76(3.1)). CMTO also has a policy on conduct between members and complainants during an investigation.
- Who decides at the investigation stage
- A panel of the Inquiries, Complaints and Reports Committee (ICRC) (Code, s. 26).
- Who holds hearings
- The Ontario Massage Therapists Discipline Tribunal (OMTDT), the College’s discipline committee. Since April 14, 2025 it has used the Health Professions Discipline Tribunals Rules of Procedure. Hearings usually have a liability phase and, if findings are made, a separate penalty phase.
Key timelines in the Code
- The Registrar must notify you within 14 days of receiving a complaint or report (Code, s. 25(6)).
- You may make written submissions to the Inquiries, Complaints and Reports Committee within 30 days of receiving that notice. The committee can shorten that time if it believes, on reasonable and probable grounds, that your conduct exposes or is likely to expose clients to harm or injury (Code, s. 25.2).
- Complaints are expected to be disposed of within 150 days. If that is missed, the Registrar must give the complainant a new expected date no more than 60 days later (Code, s. 28).
- With both your and the complainant’s consent, the Registrar can refer a complaint to alternative dispute resolution, but not if it involves an allegation of sexual abuse or has already been referred to discipline (Code, s. 25.1).
Common Issues in Massage Therapist Investigations
Draping and sensitive areas
Treatment of the chest, gluteal or inner thigh areas without specific informed consent or adequate draping. CMTO’s Professional Boundaries, Draping, and Physical Privacy standard sets the expectations.
Sexual abuse allegations
Touching or remarks of a sexual nature. Findings carry mandatory penalties, including revocation for the conduct listed in Code s. 51(5), and CMTO publishes a Prevention of and Zero Tolerance for Sexual Abuse standard. Criminal charges often run in parallel.
Billing and receipts
Receipts issued for treatments that did not happen, receipts issued under another RMT’s name, or billing insurers for family members. These are usually treated as dishonesty.
Health history and records
Missing health histories, assessments and treatment notes (Collecting Personal Health Information from Patients standard), and privacy breaches (Privacy and Confidentiality standard).
Advertising and safety
Misleading advertising or social media (Advertising and Social Media standard), and injuries or infection control concerns (Safety and Risk Management and Infection Prevention and Control standard).
What Can Happen Next
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Complaint or Registrar’s investigation
After considering the investigation and your submissions, a panel of the Inquiries, Complaints and Reports Committee (ICRC) may take no further action; give advice or recommendations; require a specified continuing education or remediation program (SCERP); require you to appear to be cautioned; refer specified allegations of professional misconduct or incompetence to the Ontario Massage Therapists Discipline Tribunal; or refer you for incapacity proceedings (Code, s. 26). Matters are also sometimes resolved through an undertaking, such as an agreement to restrict or monitor your practice. If the panel considers a complaint frivolous, vexatious, made in bad faith, moot or an abuse of process, it must give notice and allow 30 days for written submissions before declining to act (s. 26(4)–(5)).
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Interim order
If the committee believes your conduct exposes or is likely to expose clients to harm or injury, it can suspend your certificate or impose terms, conditions or limitations while the matter continues (Code, s. 25.4(1)). You must normally receive notice and at least 14 days to make written submissions first, unless the risk is urgent (s. 25.4(6)–(7)). The order lasts until it is varied or the matter is finally resolved (s. 25.4(4)).
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Discipline hearing
A panel of the Ontario Massage Therapists Discipline Tribunal hears evidence and decides whether professional misconduct or incompetence is proven (Code, ss. 51, 52). If misconduct is found, it may revoke or suspend your certificate, impose terms, conditions and limitations, order a reprimand, or order a fine of up to $35,000 (s. 51(2)). Findings of sexual abuse carry mandatory orders, including revocation for the conduct listed in s. 51(5). The panel may also order you to pay all or part of the College’s investigation, prosecution and hearing costs.
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Review or appeal
HPARB review: you or the complainant may ask the Health Professions Appeal and Review Board to review an ICRC decision on a complaint, except a referral to discipline or for incapacity proceedings (Code, s. 29(2)). The request must be made within 30 days after receiving the notice of the right to request a review that comes with the decision (s. 29(3)), and HPARB cannot extend that time by more than 60 days (s. 29(4)).
Divisional Court: discipline and fitness to practise decisions can be appealed on questions of law, fact or both (Code, s. 70). Orders based on incompetence, incapacity or certain sexual abuse findings, and orders in matters where an interim order was in place, take effect immediately despite an appeal (ss. 25.4(5), 71, 71.1).
Criminal charges and the College. If you are charged with a sexual offence, the College may act on the charge without waiting for the criminal case, including by seeking an interim order. Get advice before you speak to the College or the police.
Checklist: Responding to a CMTO Complaint
Documents to gather
- CMTO’s letter and the date you received it
- The client’s health history, assessment, treatment notes and any consent documentation
- Booking records, appointment confirmations and the room or schedule for the treatment
- Receipts and insurer submissions for the client
- Messages with the client before and after treatment
- Clinic policies on draping, consent and chaperones
Details to check in the notice
- Complaint or Registrar’s investigation?
- Your deadline for written submissions
- Whether an interim order is being considered
- Any conditions on contact with the complainant
Rules and resources to consult
- Health Professions Procedural Code, ss. 25–29, 51–52, 70–71 and 75–76
- Massage Therapy Act, 1991 and its professional misconduct regulation
- CMTO Standards of Practice and Code of Ethics
- Health Professions Discipline Tribunals Rules of Procedure, if referred to a hearing
- Your professional liability insurer or association
Do not contact the complainant. CMTO has a specific policy on conduct between members and complainants during an investigation.
Frequently Asked Questions
The treatment was years ago. Can the client still complain?
Yes. CMTO notes there is no time limit for filing a complaint. The committee will consider what records and evidence remain available, which is one reason complete treatment notes matter.
What is the difference between a complaint and a report?
A complaint is filed by someone, usually a patient or family member, who becomes a party and receives the decision. A report is information the Registrar acts on by appointing investigators (Code, s. 75), for example after a mandatory report from an employer or another professional. The same committee decides both, but HPARB review rights under s. 29 are tied to complaints.
Can I keep practising during the investigation?
Usually, yes. Your certificate is unaffected unless the committee makes an interim order (Code, s. 25.4) or you agree to an undertaking that limits your practice.
Will this appear on the public register?
The Code requires the public register to note cautions, SCERPs, acknowledgements and undertakings, and allegations referred to discipline (s. 23(2)). College by-laws can add more. Check what will be posted before agreeing to any resolution.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Regulated Health Professions Act, 1991, S.O. 1991, c. 18, Schedule 2 (Health Professions Procedural Code), ss. 23, 25–29, 51–52, 70–71, 75–76, 85.5 — e-Laws consolidation period beginning January 1, 2026; checked November 10, 2026.
- Massage Therapy Act, 1991, S.O. 1991, c. 27, ss. 3–4, 7 — e-Laws consolidation period beginning June 3, 2021; checked November 10, 2026.
- CMTO, “File a Complaint” — Checked November 10, 2026.
- CMTO, “Discipline” (OMTDT; HPDT Rules from April 14, 2025) — Checked November 10, 2026.
- CMTO, “Standards of Practice and Code of Ethics” — Titles checked November 10, 2026.
- Health Professions Appeal and Review Board (role; Consolidated Rules of Practice and Procedure in effect May 4, 2026) — Checked November 10, 2026.