Practice Direction on applications for reinstatement
What is reinstatement?
A person whose certificate of registration has been revoked or suspended as a result of disciplinary or incapacity proceedings may apply to have a new certificate issued or the suspension removed. The Tribunal hears and decides applications for reinstatement.
An application for reinstatement is a formal legal process that is governed by sections 72-73 of the Health Professions Procedural Code and Rule 13.2 of the Ontario Physicians and Surgeons Discipline Tribunal Rules of Procedure. The reinstatement process includes a formal hearing where a panel of the Tribunal will hear oral evidence and arguments and issue a written decision regarding the application.
When can an application for reinstatement be made?
Section 72(2) of the Health Professions Procedural Code provides that an application for reinstatement cannot be made earlier than one year after the date on which the certificate of registration was revoked or suspended.
Section 72(3) of the Code provides that where the certificate was revoked for sexual abuse of a patient an application for reinstatement cannot be made earlier than five years after the date of revocation.
In either case, another application cannot be made earlier than six months after a decision was made in a previous reinstatement application.
The Tribunal will not process the application for reinstatement unless the applicable time has passed.
Step 1: Making the application and paying the application fee
The first step in the reinstatement process is to complete Form 13B – Request to Refer a Reinstatement Application and pay the required application fee. The applicant must then deliver the application to the College Legal Department at the address on the form and file it with the Tribunal along with proof of payment.
Under section 17.1.1 (f) of the CPSO By-Laws, the required fee for an application for reinstatement is $1,035.00. Payment can be made by certified cheque or money order payable to the College of Physicians & Surgeons of Ontario. Please indicate that the payment is for a reinstatement application and include your full name and CPSO number. Send the payment to the following address:
College of Physicians & Surgeons of Ontario
Attn: Accounts Receivable
80 College Street
After confirming the application form is complete, the application is timely and the application fee has been paid, the Tribunal will ask the Registrar to formally refer the application to the Tribunal.
Step 2: Completing and filing the notice of application
Within 60 days of filing the completed application form, the applicant must deliver a notice of application (Form 13C) to counsel for the College and file it with the Tribunal Office.
The Tribunal’s Rule 13.2.3 requires the notice of application to:
- set out the order sought including any proposed terms, conditions or limitations; and
- explain the reasons for the application describing, where applicable:
- any relevant changes in circumstances since the time of revocation or suspension;
- the member’s success at rehabilitation, including their degree of insight into past inappropriate conduct, current mental health and future prognosis;
- attempts at restitution;
- current knowledge, skill and judgment; and
- present character.
Step 3: Completing and Filing the Application Record
The applicant must deliver and file an application record no later than 90 days after filing the notice of application. Rule 13.2.4.
The application record must contain:
- the application for reinstatement and the notice of application,
- CPIC criminal record and judicial matters check - Level 2,
- applicant’s undertaking to obtain Professional Liability Protection,
- a certificate of good standing from every jurisdiction outside Ontario in which the applicant currently holds or held a licence since suspension or revocation,
- the record, including the transcript, of the hearing where the applicant’s certificate of registration was ordered suspended or revoked,
- any previous application for reinstatement including the record, transcripts and the Tribunal’s decision, and
- any other documents on which the applicant intends to rely.
Step 4: Case management conference(s) and hearing
The Tribunal will schedule a case management conference (CMC) to take place shortly after the deadline for the application record. At a CMC, a Tribunal member will schedule dates for the College to file materials and for the hearing.
When an application will be deemed withdrawn
If the notice of application is not filed within 120 days after filing the application form or the application record is not filed 180 days after filing the notice of application, the application will be deemed withdrawn. The Tribunal will close its file.
The Tribunal will notify the applicant 30 days before the file is closed.