If the matter is referred to hearing by the Counselling and Investigation committee the hearing is open to the public.
Hearings are conducted by the Discipline Committee which consists of both MLTs and members of the public appointed by the provincial government to represent the public.
The discipline hearing is a process similar to but less formal than any other court. For example:
- the hearing may accept any evidence it considers appropriate, relevant and admissible;
- all parties involved may be represented by legal counsel at their own expense;
- testimony of witnesses is under oath;
- examination, cross-examination and re-examination is a full right of all parties involved;
- failure of the member to appear does not delay nor postpone the hearing.
Where the Discipline Committee finds a member guilty of professional incompetence or professional misconduct, it may:
- order that the member be expelled from the society and that the member's name be struck from the register;
- order that the member be suspended from the society for a specified period of time;
- order that the member be suspended from the society pending the satisfactory completion of any conditions specified in the order;
- order that the member may continue to practice under specific conditions which may include, but are not restricted to:
- not do specified types of work;
- successfully complete specified classes or courses of instruction;
- obtain medical or other treatment or counselling or both;
- having a reprimand placed on his/her file; or
- make any other order that it considers just.
Copies of such orders shall be sent to the member involved and the person who made the complaint.
A member who has been found guilty by the Discipline Committee may appeal the decision of the Committee within 30 days of the decision.