Evidence in Civil Proceedings
Under s. 36(3) of the RHPA, a record of a proceeding, document or statement relating to a proceeding and a decision or order made in a proceeding is not admissible in a civil proceeding other than a proceeding under the RHPA or the Medicine Act.291
291 S. 36(3) of the Code.
148 Confidentiality and Non-Disclosure Requirement for Individuals Administering the RHPA and Medicine Act
The RHPA includes a general confidentiality and non-disclosure requirement for people employed, retained or appointed for the purposes of administering the RHPA and the Medicine Act and every member of a Council or Committee of the College. These individuals cannot communicate information to others, except in specified circumstances. Some of the exceptions include circumstances that relate to quality assurance, performance management and public safety, including the ability to disclose:292
to other bodies governing health care professions (inside and outside Ontario)
to confirm whether the College is investigating a member if there is a compelling public interest in the disclosure of that information; and
if there are reasonable grounds to believe that the disclosure is necessary for the purpose of eliminating or reducing a significant risk of bodily harm to a person or group of person.
There are additional exceptions, including the ability to disclose to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding, where disclosure is authorized by a federal or provincial statute, or where written consent is obtained from the person to whom the information relates.
Confidentiality of Quality Assurance Information
The Quality Assurance (“QA”) Committee and any assessor appointed by it are prohibited from disclosing to any other committee information given by the physician or that was obtained in the course of a quality assurance inspection, assessment or evaluation.293 An exception allows quality assurance information to be disclosed to a committee for the purpose of showing that the physician knowingly gave false information to the QA Committee or an assessor.294 Information disclosed contrary to the prohibition cannot be used against the member in Discipline or Fitness to Practise proceedings.295
The Code prohibits a person, court or other body conducting a proceeding from asking or requiring a witness to disclose quality assurance information, except as permitted or required by
292 S. 36(1) of the RHPA.
293 S. 83(1) of the Code.
294 S. 83(2) of the Code.
295 S. 83(4) of the Code.
149 the provisions relating to the QA program. Quality assurance information is not admissible in evidence in a proceeding.296
Reporting by Facilities
A person who operates a facility where one or more members practise must file a written report with the Registrar if the person has reasonable grounds to believe that a physician who practises at the facility is incompetent, incapacitated, or has sexually abused a patient.297
Reporting by Employers
A person who terminates the employment or revokes, suspends or imposes restrictions on the privileges of a physician or who dissolves a partnership, a health profession incorporation or association with a physician for reasons of professional misconduct incompetence or incapacity is required to file within 30 days a written report with the Registrar setting out the reasons.298 The obligation to report also applies where a person intended to terminate the employment for reasons of professional misconduct incompetence or incapacity but the person did not do so because the physician resigned or voluntarily relinquished his or her privileges.299
Reports Regarding Offences
Physicians are required to file a written report with the Registrar if they have been found guilty of an offence.300
Reports Regarding Professional Negligence and Malpractice
Physicians are required to file a written report with the Registrar if they have had a finding of professional negligence or malpractice made against them.301
296 S. 83.1(5) and (6) of the Code.
297 S. 85.2(1) of the Code.
298 S. 85.5 of the Code.
299 S. 85.5(2).
300 S. 85.6.1 of the Code.
301 S. 85.6.2 of the Code.
150 The Register
The Registrar is required to maintain a register containing specified information.302 In addition to standard information regarding the physician’s name, addresses, class of registration and
specialist status, the register must also include specified information, including:
terms and conditions on certificates of registration;
a listing of matters referred to the Discipline Committee, the result (including a synopsis of the decision) of every disciplinary and incapacity proceeding, unless the panel makes no finding;
findings of professional negligence or malpractice unless the finding is reversed on appeal;
revocations and suspensions of certificates of registration and authorization;
information that a panel of the Registration, Discipline or Fitness to Practice Committees requires to be included;
a notation of resignation and agreement where a member has resigned and agreed never to practise again in Ontario during or as a result of a proceeding under s. 25 of the Code;
other information required by the bylaws.
All of the information that is required to be kept in the register by the Code and all information designated as public in the bylaws must be made available to the public during normal business hours and must be posted on the College’s website in a manner that is accessible to the public (or in a manner specified by the Minister), subject to specific exceptions in the Code and bylaws.303 Among other things, the Registrar may refuse to disclose to an individual or to post on the College’s website information about a disciplinary or incapacity proceeding in certain circumstances, including where more than six years has passed since the information was prepared or updated, where the relevant Committee has directed the Registrar to remove the information from public access, where a finding of professional misconduct was made against the physician and the order was only a reprimand or a fine, or a finding of incapacity was made against the member.304
302 The information that must be kept in the register is set out in s. 23(2) of the Code.
303 See. S. 23(5) to (11) of the Code.
304 S. 23(11) of the Code.
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