Disciplinary Process

The Office of the Syndic is made up of a syndic and an assistant syndic designated by the OIIAQ’s Board of Directors.

The Office of the Syndic may conduct an investigation and may initiate proceedings against an OIIAQ member if it is informed by a patient or a patient’s family members or by the member’s co-workers or employer that an infraction may have been committed by the member in carrying out his/her professional duties, in violation of the Professional Code, the Code of Ethics  or any other regulations adopted by the OIIAQ.

The Office of the Syndic may also conduct investigations on its own accord. The Office of the Syndic works independently and in complete confidentiality.

The conduct of a disciplinary investigation varies depending on the circumstances. Usually, the syndic meets with the person requesting the investigation, the witnesses involved and the OIIAQ member in order to obtain their versions of the facts. The syndic compiles as much documentation as possible in order to determine whether there is enough evidence to file a complaint with the Disciplinary Committee. If necessary, the syndic may request expert assistance.

At the conclusion of his/her investigation, the syndic submits a written report to the complainant explaining his/her decision to file a complaint (or not) with the Disciplinary Committee. If the complainant is not satisfied with the conclusion of the investigation, he/she has 30 days in which to refer the decision to the Complaint Review Committee for review.

Acting on the request of the person requesting an investigation, the Complaint Review Committee is mandated with providing an opinion on the syndic’s or assistant syndic’s decision not to proceed with the complaint. The Committee will then review the applicable documentation and, if it deems necessary, meet with the person requesting an investigation and with the syndic.

The Complaint Review Committee may reach one of three possible conclusions:

• It may conclude that there are no grounds for referring the complaint to the Disciplinary Committee.
• It may suggest that the syndic should complete his/her investigation and issue a new decision.
• It may conclude that there are grounds for referring the complaint to the Disciplinary Committee and it may suggest the appointment of an ad hoc syndic who, after completing an investigation (as applicable), shall decide whether or not to proceed with the complaint.

The Complaint Review Committee may also ask the syndic to refer the matter to the Professional Inspection Committee (PIC).

The Disciplinary Council is made up of three members: the chairperson (a government-appointed lawyer) and two LPNs appointed by the OIIAQ’s Board of Directors. The Disciplinary Council’s role is to hear complaints filed concerning violations of the Professional Code  and the Code of Ethics .

Disciplinary Committee hearings are public, unless an “in-camera” order is issued to preserve public order and morality. LPNs are entitled to be assisted and represented by a lawyer.

During a hearing, the syndic submits relevant evidence and the LPN presents his/her defence. The Disciplinary Committee then issues its decision. If the LPN is found guilty, the Committee will impose one of the following penalties, depending on the gravity of the infraction: a reprimand; temporary or permanent striking off the membership roll; a fine of between $1,000 and $12,500 per infraction; or revocation of the LPN’s permit.

The LPN and/or the syndic may file an appeal with the Professions Tribunal in connection with any Disciplinary Committee decision accepting or dismissing a complaint or imposing a penalty.

This section is available in French only.