Inquiry findings and remedies
Even though the law allows anyone to file a complaint with the Disciplinary Council, the Syndic usually acts as a “complainant ex officio”.
At the end of their inquiry, the Syndic must decide, on the basis of the facts and the evidence, whether or not a complaint must be filed against the physician with the Disciplinary Council in order to protect the public.
Dissatisfaction with the inquiry findings: possible remedies
There are two remedies available to a person who filed a complaint with the Syndic and who is not satisfied with the inquiry findings:
- request an opinion from the Review Committee regarding a Syndic’s decision not to file a complaint with the Disciplinary Council;
- file a private complaint with the Disciplinary Council.
Request for an opinion from the Review Committee
At least one of the members of the Review Committee must be chosen from among the directors appointed by the Office des professions du Québec, as mentioned in section 78 of the Professional Code, or chosen from among the people whose name appears on a list compiled by the Office.
After examining the file, the Review Committee must provide an opinion.
In its opinion, the Review Committee may make any of the following findings (in accordance with section 123.5 of the Professional Code):
- Find, like the Syndic, that there is no cause to file a complaint with the Disciplinary Council.
- Suggest that the Syndic complete their inquiry and render a new decision.
- Find that there is cause to file a complaint. It can then suggest that a syndic ad hoc be appointed, who, after an inquiry, if they decide to hold one, will decide whether or not to file a complaint with the Disciplinary Council.
Deadline
The complainant has 30 days to request a review from the date of the Syndic’s decision against filing a complaint. The Review Committee then has 90 days to examine the file and to provide its opinion in writing.
A final remedy is available to the person who has requested an inquiry if they disagree with the Review Committee’s opinion. They may file a “private” complaint with the Disciplinary Council.
A request for review can be sent to the following address:
Secrétariat du comité de révision
Collège des médecins du Québec
Suite 3500
1250, René-Lévesque Boulevard West
Montreal (Quebec)
H3B 0G2
Email : comitederevision@cmq.org
Fax : 514 933-4284