Requesting a review of the syndic’s decision
You may request a review when you are dissatisfied with the inquiry’s conclusions.
At the end of the inquiry, the syndic must decide if malpractice is present, and if so, the intervention required. Based on observable facts, their seriousness, and the available evidence, it may decide to file a complaint against the physician with the Disciplinary Council.
A person dissatisfied with the inquiry’s conclusions may file a complaint with the syndic by:
- Requesting the Review Committee give its opinion regarding a syndic’s decision not to file a complaint with the Disciplinary Council.
- Filing a complaint with the Disciplinary Council.
1- Request the Disciplinary Council’s opinion
The Disciplinary Council must give its opinion once the analysis is complete.
In its decision, the Disciplinary Council may conclude the following (according to section 123.5 of the Professional Code):
- Conclude, along with the syndic that there’s no reason to submit a complaint to the Disciplinary Council.
- Suggest the syndic continue their inquiry and render a new judgment.
- Conclude a complaint should be filed. The appointment of an ad hoc syndic may be recommended, after an inquiry (as needed), decides whether or not to make a complaint to the Disciplinary Council.
In addition, the Disciplinary Council may suggest to the syndic to submit the file to the Professional Inspection Comittee.
Deadlines
The complainant has 30 days to request a review, starting from the date the syndic decides not to file a complaint. The Review Committee then has 90 days to examine the entire file and give its opinion in writing.
The person requesting an inquiry has a final recourse if they disagree with the Review Committee’s decision. They can make a private complaint to the Disciplinary Council.
Here’s the contact information for sending us a review request:
Secretariat of the Review Committee
Collège des médecins du Québec
1250 René-Lévesque Boulevard West, Suite 3500
Montréal (Québec) H3B 0G2
Email: comitederevision@cmq.org
Fax: 514-933-4284
2- Filing a complaint with the Disciplinary Council
Anyone can make a complaint about a physician directly with the Disciplinary Council. This person is immediately considered a complainant before the Disciplinary Council.
The Complaint
Disciplinary complaints are not subject to strict formal rules.
However, a separate count must be filed for each of the physician’s alleged offences. The counts are usually numbered for easy reference during the hearing. Therefore, a single complaint may contain several counts.
The complaint must be filed in writing, supported by the complainant’s sworn declaration and include at least the following information:
- Name of the physician concerned.
- Time of the offence subject to a complaint.
- Location of the offence.
- Brief description of the alleged offence.
The description of the offence must be clear and precise so the physician knows exactly the facts behind the accusation in order to present a full and complete defence.
The complainant
The complainant, either the syndic or a private complainant must assume the burden of proof for the physician’s alleged offence. It means convincing the Disciplinary Council the physician has committed an offence. Under the Professional Code, the physician may be helped or represented by a lawyer they hire.
This person cannot be sued for services rendered in good faith in the exercise of their profession.
Fees
The fees for filing a disciplinary complaint are nil. However, the Disciplinary Council may order the complainant or the physician to pay any disbursements incurred. Disbursements are costs incurred while investigating the complaint. However, in the case of a private complainant, the Council may only order they pay the disbursements if the physician is acquitted on each of the counts in the complaint and the complaint was abusive, frivolous or unfounded.
Filing a complaint with the Disciplinary Council
Anyone may make a private complaint with the Disciplinary Council. They then assume the same responsibilities as the College’s syndic. They must prepare a file and present the evidence to the Disciplinary Council.
Complainants may also be helped or represented by a lawyer (section 135 of the Professional Code); in which case they must pay the lawyer’s fees.
To start the process, a written and sworn private complaint must be sent to the secretary of the Disciplinary Council, by mail or email:
Mrs. Linda Bélanger, Disciplinary Council Secretary
Collège des médecins du Québec
1250 René-Lévesque Boulevard West, Suite 3500
Montréal (Québec) H3B 0G2
Email: conseil-discipline@cmq.org
For further questions, please call 514-933-4441, ext. 5589.
Note: Once a private complaint is made with the Disciplinary Council, it cannot be withdrawn with the consent of the complainant. The Disciplinary Council needs to authorize a complaint’s retraction once it has been received by the Council secretary.
To make the complaint process easier, please consult the following: