Key Takeaways
- Panels usually include members of your profession and members of the public.
- The regulator and you are the parties. The complainant is usually a witness, not a party.
- Hearings often run in two phases: findings, then penalty.
- Most hearings are public, with publication bans available in sensitive cases.
Who Is in the Room
The panel decides. College panels usually combine registered members with public members. The College of Optometrists, for example, describes panels of three to five members with at least two public members, and the OCT describes panels of teachers and members of the public. The regulator is represented by a prosecutor. You may represent yourself or retain a lawyer. The complainant is generally not a party; the College of Optometrists notes this is because the College acts in the broader public interest.
Two Phases: Findings and Penalty
Many tribunals hear a matter in two stages. The liability or merits phase decides whether the allegations are proven. If they are, a penalty phase follows, with submissions about the appropriate order and costs. CMTO describes its tribunal’s hearings this way. In the health professions, the panel decides whether professional misconduct or incompetence is proven (Code, ss. 51–52) and, if so, which orders to make (s. 51(2)).
Evidence and Disclosure
Before the hearing, the regulator must disclose its evidence. The College of Optometrists, for example, describes disclosing the investigation evidence at least ten days before the hearing. Witnesses testify under oath and can be cross-examined. Expert evidence is common where the standard of practice is in issue.
Settlement and Joint Submissions
Many matters resolve through an agreed statement of facts and a joint submission on penalty. Several statutes also provide a disciplinary-stage complaint resolution process with consent, such as the OCT Act (s. 30.1) and the ECE Act (s. 33.1). A negotiated outcome can reduce cost and uncertainty, but read every admission carefully, because it becomes part of the public record.
Publicity
Hearings are generally open to the public. Panels can order publication bans or exclude the public in sensitive cases. RCDSO, for example, says it requests a publication ban on complainants’ names. Results are usually published on the regulator’s website and register.
Frequently Asked Questions
Do I have to testify?
That is a strategic decision to make with advice. Your evidence may be important, especially on context and remediation.
Can I appeal?
Usually to the Divisional Court, but the grounds and the effect on the order vary. See our Reviews and Appeals hub.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Health Professions Procedural Code, ss. 51–52 — Checked November 10, 2026.
- Ontario College of Teachers Act, 1996, s. 30.1 — Checked November 10, 2026.
- Early Childhood Educators Act, 2007, s. 33.1 — Checked November 10, 2026.
- College of Optometrists of Ontario, “The Discipline Process” — Checked November 10, 2026.
- CMTO, “Discipline” — Checked November 10, 2026.
- RCDSO, “Discipline Process” — Checked November 10, 2026.