Professional Practice

 Revised May 2025

Interpretation:

1. All terms defined in the By-laws have the same meanings in this Policy.

Composition of Committee:

2. The Board of Directors (the “Board”) shall appoint a Professional Practice Committee (the “Committee”) consisting of a Chair and at least three (3) active, certified Members. The Committee shall consider complaints concerning Members of the Association (“Complaints”).

Complaints:

3. All Complaints shall be made in writing, addressed to the Chair of the Committee care of the Association’s office.

Investigation:

4. The Chair shall engage in a preliminary assessment of each Complaint. If the Chair determines that the Complaint is on its face frivolous, vexatious or an abuse of process, no action will be taken.
5. If, on preliminary assessment, the Chair determines that the Member may have failed to comply with the Code of Professional Conduct, (the “Code”), or any articles, By-laws, policies or rules of the Association further information may be requested by the Association on behalf of the Committee, from the complainant, the Member or third parties (“Investigation”).

Notice and Response to Complaint:

6. Subject to section 4 above, the Member will be provided a copy of the Complaint and will be given an opportunity to respond with a minimum of fifteen (15) days’ notice before consideration by the Committee.
7. The Member’s response shall be in writing and may be accompanied by any documentation the Member wishes the Committee to consider.

Representatives

8. A Member may be self-represented or represented by a person licensed by the Law Society of Ontario.
9. A Member must notify the Association in writing of the name and status of their representation as soon as possible, and provide current contact information and authorization to direct communications as necessary to all parties.

Independent Legal Advice:

10. The Committee may receive independent legal advice from a person licensed by the Law Society of Ontario as it considers desirable. This person shall be selected by the Association. The cost of this person’s services shall be paid by the Association.

The Committee’s Review of Complaints and Recommendations:

11. The Committee shall review a written record of the Complaint and Investigation, including the Member’s response.
12. After completing the review under section 11, the Committee shall make a recommendation as whether the Board should make a finding that the Member failed to comply with the Code, or any articles, By-laws, policies or rules of the Association. If the Committee recommends that no findings be made, the complainant and Member shall be notified of same, and the matter shall be closed.
13. If the Committee recommends that the Board make a finding that the Member failed to comply with the Code, or any articles, By-laws, policies or rules of the Association, the Committee shall also make recommendations with respect to action or sanction, if any, as set out under section 18 below.
14. The Committee shall consider records pertaining to the Member’s conduct history and Membership when making a recommendation with respect to action or sanction, if any.
15. The Committee shall make the written record of the Complaint and Investigation, including the Member’s conduct history, available to the Board, together with its recommendations.
16. If required by the Board, the Committee shall meet in person with the Board to advise the Board on any matter heard by the Committee.

Decision of the Board:

17. The Board shall hold a meeting in camera to review the recommendations of the Committee; the Board may in its sole discretion invite an individual or individuals to attend such in camera meeting in accordance with principles of procedural fairness. The Board may accept, reject, or modify any of the recommendations of the Committee. The Board shall issue a decision by way of written order with reasons.
18. If the Board finds the Member failed to comply with the Code, or any articles, By-laws, policies or rules of the Association the Board may, among other things, do any one or more of the following:

• actions, which may include but are not limited to:
  1. Filing its finding on the Complaint with the Secretary to be held for future reference.
  2. Reprimanding the Member found guilty in person or in writing and file this Complaint as above described.
  3. Directing the Member to issue payment to the complainant, a government agency, or any other party associated with the Complaint.
  4. Fining the Member a sum not to exceed $25,000.00.

(ii) sanctions, which may include but are not limited to,

1. Imposing restrictions on the Member’s practice.
2. Suspending the Member for a period not to exceed one year from all privileges of the Association provided that such suspension shall not constitute a waiver of dues for the period of suspension.
3. Expelling the Member from Membership.

Release of Decision:

19. The Chair of the Committee or another Member of the Committee shall provide the Member with the Board’s written order and reasons.

Notice of the Board’s Decision and Standing:

20. A Member who is found to have failed to comply with the Code, or any articles, By-laws, policies or rules of the Association and is subject to no action, action or a sanction under section 18 shall be given at least fifteen (15) days’ notice of consideration of such finding and action or sanction (the “Notice”).
21. The Notice will notify the Member of the proposed effective date of the finding and of the action or sanction (if any) and the Member may make written submissions through the Executive Director to the Board regarding such consideration not less than five (5) days before the finding and action becomes effective.
22. The Board will consider the Member’s submissions (if any) and determine whether to confirm, vary or rescind its finding and order set out in the Notice.
23. If the Member does not make any written submissions as contemplated by section 21, or if the Member accepts the finding and sanction set out in the Notice, the finding and sanction will take effect without further consideration by the Board.
24. The Chair of the Committee or another Member of the Committee shall provide the complainant with the Board’s written order and reasons, once it takes effect.

25. In accordance with section 3.7 of the By-law, a Member shall be determined to be not in good standing if the Member has been found to have failed to comply with the Code, or any articles, By-laws, policies or rules of the Association and
26. is subject to a sanction under section 18(ii) above; or
27. is subject to no action or an action under section 18 (i) and the Board, in its discretion, deems that the Member is not in good standing.
28. If the Board determines the Member is not in good standing, such notification shall be sent to all appropriate government agencies.

Decorum:

27. Parties and representatives must treat all participants with courtesy and respect.

Payment of Fine:

28. If any Member that is fined or directed to issue a payment to another party shall fail to pay such fine or issue a payment within thirty (30) days, or any further time granted by the Board in its discretion, which discretion may include the charges of reasonable interest, the Member shall be automatically expelled from Membership.

APPEALS:

29. A disciplined Member may appeal the Board’s decision by issuing notice, in writing within thirty (30) days of receipt of such decision. To commence an appeal, the Member shall file a Notice of Appeal containing:
    1. a copy of the written order being appealed; and
    2. a statement of the grounds of appeal.
30. The parties to an appeal are the Association and the Member.

Stay Pending Appeal:

31. Upon receipt of a Notice of Appeal under section 27 above, the sanction ordered by the Board is stayed pending the disposition of the appeal.

Appeal Process:

32. Appeals shall be heard in writing.
33. The Association shall file the record of proceedings (“Record of Proceedings”) which includes the information considered by the Committee in making its recommendation and by the Board in making its decision.
34. Each party to the Appeal may, at a time directed by the Association, and not less than five (5) days before a hearing, deliver an electronic brief of submissions, which shall include:

1. A brief description of the relevant facts and argument on the appeal, not exceeding ten (10) pages;
2. Written witness statements, if any;
3. Additional documentary evidence or information; and
4. Any authorities, decisions, and rules upon which the party intends to rely.

35. The appeal panel (“Appeal Panel”) has the power to make its own findings based on a fresh look at the Record of Proceedings and any new information provided under section 32.

Appeal Panel Composition:

36. The Appeal Panel shall consist of:
37. Two (2) Members
38. One (1) non-member representative of one (1) of the following:
    1. Hard of Hearing Consumer from Ontario
    2. Physician, Reg. College of Physicians and Surgeons of Ontario (CPSO)

• Audiologist, Reg. College of Audiology and Speech Language Pathology of Ontario (CASLPO).

1. A representative from the Hearing Industry of Canada based in Ontario.
2. A representative from an Ontario accredited Hearing Health Care, post-secondary Educational Institution

37. Three (3) members of the Appeal Panel constitute quorum for the purposes of a hearing.
38. Members of the Appeal Panel shall receive an honorarium, the cost of which shall be paid by the Association. 

39. The Appeal Panel may receive independent legal advice from a person licensed by the Law Society of Ontario as it considers desirable. This person shall be selected by the Association. The cost of this person’s services shall be paid by the Association.

Appeal Decision:

40. The decision, based on a majority vote of the Appeal Panel, will override any previous decisions on the matter and will be delivered to the disciplined Member, the Board of Directors, and the complainant.
41. If the Appeal Panel confirms that the Member failed to comply with the Code, or any articles, By-laws, policies or rules of the Association, the Appeal Panel may, among other things, take any one or more of the actions set out in section 18.