Canada: Complaint Reviews At The Health Professions Appeal And Review Board (HPARB): The Essential Information

As lawyers acting for all types of regulated health professionals (i.e. pharmacists, dentists, chiropractors, etc.) we are regularly asked questions about complaint reviews before the Health Professions Appeal and Review Board ("HPARB").

These types of inquiries have become more common in the past few years, as regulated health professionals are increasingly commencing HPARB complaint reviews seeking to set aside decisions of the Inquiries, Complaints and Reports Committee ("ICRC"). This is happening because recent legislative changes require certain ICRC findings, such as cautions and specified continuing education and remediation programs ("SCERPs") to be posted on the public register on indefinite basis.¹

This article will set out the essential information that every regulated health professional needs to know about HPARB complaint reviews.

1. What is HPARB

HPARB is an independent adjudicative agency that is independent of both the health professions colleges and government.

HPARB obtains it authority from the Regulated Health Professions Act, 1991 ("RHPA") and the Veterinarians Act. One of its key tasks is to review complaint decisions made by the ICRCs of health professions colleges.

2. Who Can Request a Complaint Review?

Either the complainant or the regulated health professional who was the subject of the original complaint before the ICRC may request a complaint review before HPARB. The party who requests the complaint review is known as the applicant, whereas the other party is known as the respondent.

It is also important to note that both parties may request a complaint review. In such cases, both complaint reviews are heard at the same time and the latter complaint review is referred to as the cross-review.

In the past, the vast majority of complaint reviews were requested by complainants. As discussed above, however, in recent years, complaint reviews are also increasingly being requested by regulated health professionals.

How do you Request a Complaint Review?

Requests for a complaint review are to be made to HPARB and are to be submitted in writing.

Footnotes

1 see s.23(1) of the Health Professions Procedural Code (the "Code") of the RHPA.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.