Under the Act, there are four circumstances when an employer must make written reports to the College. In addition, College members have a reporting obligation in relation to the sexual abuse of a client by another member. Lastly, College members have an obligation to self-report, under certain circumstances. The mandatory reporting obligations under the Act are as follows:

  1. An employer of a member of the College who terminates the employment of that member for reasons of professional misconduct, incompetence or incapacity, must file a written report with the Registrar of the College.
  2. Where an employer or former employer of a member of the College intended to terminate that member’s employment for reasons of professional misconduct, incompetence or incapacity, but the member resigned before being terminated, the employer or former employer must file a written report with the Registrar of the College.
  3. An employer or former employer of a member of the College who becomes aware that the member is convicted of an offence under the Criminal Code of Canada involving sexual conduct must file a written report with the Registrar of the College.
  4. A member of the College who, in the course of his or her practice, obtains reasonable grounds to believe that another College member has sexually abused a client, must file a written report with the Registrar of the College provided that the reporting member has information to identify the member who would be the subject of the report.
  5. A member of the College who is convicted of an offence under the Criminal Code of Canada involving sexual conduct must “self-report” his or her conviction by filing a written report with the Registrar of the College.

When must the Mandatory Report be made?

  1. With respect to employers’ reports of the termination or intended termination of a member, the report must be made within 30 days of the date on which the employer terminated the member’s employment, or within 30 days of the date on which the member resigned.
  2. With respect to employers’ or former employers’ reports of a member’s criminal conviction of an offence involving sexual conduct, such reports must be made promptly. Similarly, a member of the College who is convicted of an offence involving sexual conduct must report his or her conviction promptly.
  3. A member of the College who learns of another member’s sexual abuse of a client must report within 30 days of learning that information. However, if the reporting member reasonably believes that the member being reported will continue to abuse the client, or other clients, the report must be made immediately.

Can I get in trouble for making a report?

If your report is made in good faith, the Act provides that there can be no proceedings instituted against you for making your report.

What can happen if I don’t make a report?

The Act makes failure to report an offence. On conviction, there is liability for a fine of up to $25,000. Members of the College who fail to report may also be charged with professional misconduct.

What should be included in the report?

The report should contain:

  • Your name;
  • The name of the member who is the subject of the report;
  • A statement about whether the report is being made due to the termination or resignation of the member, the member’s conviction of an offense involving sexual conduct and/or the member’s sexual abuse of a client;
  • If the report concerns the termination or resignation of a member, an explanation or description of the professional misconduct, incompetence or incapacity for which you terminated or intended to terminate the member;
  • If the report concerns the member’s conviction of an offense involving sexual conduct, an explanation or description of the offense, including the dates on which: the sexual conduct occurred; the member was charged; and, the member was convicted;
  • If the report concerns a member’s sexual abuse of a client, an explanation or description of the sexual abuse;
  • The name of the client who was sexually abused ONLY IF the client or the client’s representative (if the client is incapable) has consented in writing. If the client has not consented in writing, the client’s name MUST NOT be included in the report.

You can also download a copy of the College’s Mandatory Reports brochure for more information.

Definitions of Terms

Professional Misconduct
The term “professional misconduct” is conduct that contravenes the Act, the regulations made under the Act or the College’s by -laws; conduct that contravenes an order of the College’s Discipline Committee, Complaints Committee, Council or Registrar; or conduct that is defined as being professional misconduct in the regulations. For more information, click here.

Incompetency
The term “incompetency” refers to a member of the College who has displayed, in his or her professional responsibilities, a lack of knowledge, skill or judgment or disregard for the welfare of a person or persons of a nature or extent that demonstrates that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate of registration held by the member should be made subject to terms, conditions or limitations.

Incapacity
The term “incapacity” refers to a member who is suffering from a physical or mental condition or disorder, such that the member is unfit to carry out his or her professional responsibilities or, the member’s certificate of registration should be made subject to terms, conditions or limitations.

Sexual Abuse
Sexual abuse with respect to a client by a member of the College means:

  • Sexual intercourse or another form of physical sexual relations between the member and the client,
  • Touching, of a sexual nature, of the client by the member, or
  • Behaviour or remarks of a sexual nature by the member towards the client, other than behaviour or remarks of a clinical nature appropriate to the service provided.