Professional misconduct, incompetence or incapacity
Professional misconduct, incompetence or incapacity are generally defined as failing to take reasonable steps to safeguard the life, health or property of a person who may be affected by the work of a member or any person for whom the member is responsible, when the member knows or ought to know that there was a risk to life, health or property.
Professional Misconduct Definition
The College will address matters of professional misconduct when it relates to matters of non-compliance with the Act, regulations or the by-law;
- Failure to comply with an order made by the Discipline Committee, the Complaints Committee, the Board or the Registrar; or
- Behavior outlined in the Regulation on Professional Misconduct in O.Reg. 97/13
Incompetence is a lack of knowledge, skill or judgment in a member’s professional responsibilities; or a disregard for a person’s welfare.
Incapacity is a physical or mental condition that makes a member unfit to fulfill his/her professional responsibilities; or a physical or mental condition that limits a member’s ability to fulfill his/her professional responsibilities.
Some examples of misconduct include:
- Contravening the Ontario College of Trades and Apprenticeship Act, 2009, the regulations or the by-laws.
- Contravening an order of the Discipline Committee, the Complaints Committee, the Board or the Registrar.
- Failing to act to correct or report a situation that the member knows or ought to know may endanger the safety or welfare of the public.
- Undertaking work that the member knows or ought to know the member is not competent to perform by virtue of their certification, training and experience or the member’s employees are not competent to perform by virtue of their certification, training and experience.
- Knowingly providing false information or documents to the College or any other person with respect to a member’s trade qualifications.
- Contravening a term, condition or limitation imposed on the member’s certificate of qualification or statement of membership.
- Permitting, counseling or assisting any person who is not a member of the College to represent themself as a member of the College.
- Failing to provide the member’s name and registration number as set out in the register, in the course of providing or offering to provide services related to their practice of a trade or in the course of employment or sponsorship of a member.
- Signing or issuing, in the member’s capacity as a member of the College, a document that the member knows or ought to know contains a false, improper or misleading statement.
- Being found guilty of contravening a law if the contravention is relevant to the member’s suitability to hold a Certificate of Qualification or Statement of Membership.
- Failing to maintain the standards of a trade.
- Acting or failing to act, in respect to the Practise of a trade, in a manner that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
- Misappropriating or otherwise dealing dishonestly with the money or property of a client or another party, or otherwise engaging in fraudulent conduct.
- Permitting, counselling, assisting, instructing or directing a member of the College to engage in any act or omission despite having reasonable grounds to believe that the act or omission constitutes professional misconduct
- A finding of incompetence, professional misconduct or a similar finding in a jurisdiction other than Ontario.
The College understands the importance of fair and consistent application of the Ontario College of Trades and Apprenticeship Act, 2009 in achieving its mandate to regulate the trades in the public interest and to help ensure a fair system for all tradespeople and by extension, their employers. The College will investigate and take all legal remedies available.