PEO is proposing a formal fitness to practise program, as an alternative to the discipline process, to address situations where a licence holder’s ability to practise may be affected by illness, disability, or mental health concerns. Currently, such matters are addressed only through the discipline process, which is not designed for cases where incapacity, rather than misconduct, affects a professional’s ability to practise safely.
The proposed fitness to practise program is intended to fill this gap, providing a fair and supportive process for managing incapacity concerns while maintaining public safety. PEO will continue to rely on its discipline process to handle complaints that deal with incompetence and professional misconduct.
We want to hear from all stakeholders -- licence holders, employers, partner organizations, and members of the public. Your feedback is essential to ensuring the program is fair, effective, and responsive to the needs of both the profession and the public. When providing input, you may wish to consider the following questions:
- Does the program address situations where a professional’s ability to practise may be affected by illness, disability, or mental health in a fair way?
- Does the program appropriately balance public safety with respect for individuals?
- Are there any concerns or suggestions about the program’s approach that we should consider?
Please email your feedback to us at [email protected] no later than October 24, 2025.
The proposed fitness to practise program will be guided by the following principles: non-punitive, supportive, fair, and focused on protecting public safety. It will be structured in four stages, which mirror PEO’s complaints and discipline processes but are adapted to address concerns related to a licence holder’s capacity to practise.
Incidents of potential incapacity can be reported to PEO through several channels:
- Self-reporting: The licence holder voluntarily discloses a physical or mental condition affecting their ability to practise safely.
- Other licence holders: Licence holders must report situations they believe may endanger public safety or welfare.
- Other individuals or agencies: Employers, law enforcement, or others can report observed impairments or concerning behaviour.
- Public complaints: Any member of the public can submit a complaint.
- Referral from PEO committees: Complaints, Discipline, or Registration Committees may report incapacity.
Note: This stage does not apply to formal complaints.
- The Registrar makes inquiries to determine if there is reason to believe a licence holder may be incapacitated. Cooperation is voluntary at this stage.
- If concerns are substantiated, findings are reported to the Complaints Committee. The Complaints Committee is composed of licence holders and public members appointed by the government.
- If, after conducting preliminary inquiries, the Registrar does not believe that the licence holder may be incapacitated or identifies no other concerns, the Registrar will take no further action.
Procedural fairness: The process will be designed to ensure procedural fairness (e.g., notice, opportunity to respond, impartial decision-maker).
Once referred to the Complaints Committee, the committee conducts a formal investigation including interviewing the licence holder, collecting witness statements, obtaining health practitioner reports (with consent).
If the licence holder refuses consent: A specialist exam or interim suspension may be ordered if there are reasonable and probable grounds to believe incapacity exists.
Committee powers after investigation:
- No action (may redirect issues unrelated to incapacity to discipline).
- Voluntary undertaking: Licence holder agrees to treatment and practice limitations.
- Referral to Fitness to Practise Committee: If incapacity likely impacts professional duties.
Procedural fairness: The process will be designed to ensure procedural fairness (e.g., notice, opportunity to respond, impartial decision-maker, reasons for the decision).
Interim suspension: In rare cases, the committee can temporarily suspend or restrict a licence if a licence holder’s physical or mental state poses a risk to the public. The suspension stays in place until a final decision is made by the appropriate committee, even if the case is moved between committees.
The Fitness to Practise Committee (a tribunal similar to the Discipline Committee) will be made up of both licence holders and public members. Unlike discipline hearings, which are open to the public, fitness to practise hearings will be closed.
Possible outcomes:
- No finding of incapacity
- Terms, conditions, or limitations (most common, based on data from other regulators)
- Suspension of the licence
- Revocation of the licence (with a period of ineligibility for reinstatement)
Appeals: Fitness to Practise decisions can be appealed to the Divisional Court by PEO or the licence holder.
Support for Licence Holders Undergoing an Incapacity Investigation or Proceeding
The fitness to practise process is supposed to be non-punitive, recognizing that incapacity may not result from fault or misconduct by the licence holder. In recognition of this, various forms of support will be provided, including:
- Legal support, including assistance or guidance on legal representation
- Temporary licence adjustments, including modification or deferral of obligations (e.g., fee waiver or exemption from CPD requirements).