Complaints & Discipline
Members of OPPI are required to comply with OPPI’s Professional Code of Practice, and the Canadian Institute of Planners’ Code of Professional Practice. They are also obligated (under s.6.7.3 of the By-law) to report to the OPPI Discipline Committee any breaches of the Professional Code of Practice by other members that come to their attention.
Any individual may complain that a member of OPPI has breached the Professional Code of Practice. All such complaints are handled in accordance with Section 15 of the By-law, and Appendix II to the By-law. The OPPI By-law is available for download.
The Professional Code of Practice applies only to OPPI members, not to planners who are not members of OPPI. Please check the “Member Register” page to determine whether a particular professional planner is a member of OPPI or not.
The OPPI Complaints process is similar to the process in place in other regulated professions, and the Discipline process, like those of other regulated professions, is governed by Ontario’s Statutory Powers Procedure Act. A description of the process follows. You can also find the flowchart here – please note that these are only summary overviews of the process, and for details you should always refer to the By-law itself.
COMPLAINTS
To be considered by OPPI, a complaint must be filed in writing (by mail, not by fax or email) to:
Ontario Professional Planners Institute
234 Eglinton Avenue East
Suite 201
Toronto ON
M4P 1K5
Attention: Executive Director
Confidential – Discipline Matter
The complaint must contain a concise statement of the facts and evidence relevant to the complaint, specify the sections of the OPPI’s Code or CIP’s Code alleged to have been breached, and identify the name and address of the complainant (or the complainant’s solicitor, if one has been retained). A “Complaint Form and Guide” has been developed to assist in compiling the required information to commence the investigation of a complaint.
INVESTIGATION
The Discipline Committee consists of 5 to 11 members of OPPI and one citizen who is not a planner. Upon receipt of a complaint, the Chair of the Discipline Committee will appoint a subcommittee of 1 or 2 members of the Discipline Committee to conduct a preliminary inquiry into the nature of the complaint and provide a recommendation to the Discipline Committee. The possibility of mediation is also considered as part of the preliminary inquiry.
SUBCOMMITTEE REPORT/OPTIONS
1. The subcommittee may decide that a full discipline hearing regarding the allegations is not warranted. In that case, the subcommittee reports in writing to the Discipline Committee, giving the reasons for its recommendation.
a. If the Discipline Committee agrees with the recommendation, it will notify the parties of its decision and a summary of its reasons.
The parties will then have the right to make written submissions to the Discipline Committee regarding the decision. If the Discipline Committee confirms its decision, then no discipline hearing is held, and the matter is closed.
b. The Discipline Committee may reject the subcommittee’s decision not to hold a hearing. In that case, the parties are notified that the Discipline Committee has ordered a full discipline hearing into the allegations.
2. The subcommittee may recommend a full discipline hearing into the allegations. In that case, it does not report in writing to the Discipline Committee or give its reasons for the recommendation. (See CONFLICTS below.)
When the decision has been made to hold a full discipline hearing, there is no appeal possible from that decision. This approach is common in administrative law, because an appeal would be premature before some final decision or determination has been made at the hearing.
PREHEARING
The Chair of the Discipline Committee may designate any full member of OPPI to conduct a prehearing conference. The purpose of a prehearing conference is to assist in a fair, cost-effective and expeditious identification and resolution of the issues. For instance, the conference may assist in focusing on the allegations about which the parties agree or disagree, what evidence may be presented at the hearing or must be disclosed between the parties, settlement possibilities, preliminary motions, and scheduling dates for the hearing.
CONFIDENTIALITY
OPPI cannot guarantee that the information provided by the complainant or the information obtained from other parties during the course of the investigation will always remain confidential. For instance, OPPI is required under its By-law to provide a copy of the signed Complaint Form to the involved OPPI member. This may involve providing the involved OPPI member with some or all of the other information obtained during the complaint investigation.
HEARING
A discipline hearing proceeds according to the By-law noted above, and under the Discipline Committee Rules of Practice and Procedure.
A panel is appointed by the Chair of the Discipline Committee to officiate, hear the evidence, and make a determination.
Although a discipline hearing must be open to the public under the Statutory Powers Procedure Act, as noted above, OPPI does not publish the fact that a discipline hearing is being convened, or the date or location of the hearing. Only parties to the proceeding are given notice.
At the hearing, the panel receives the complainant’s evidence and submissions (i.e. legal arguments) and the OPPI member’s evidence and submissions. Depending on the complexity of the issues, a discipline hearing may be brief or lengthy, and may be adjourned to multiple dates. Ultimately, the panel will make a decision and release to the parties written reasons for that decision.
CONFLICTS
The panel will decide the case fairly and impartially. To ensure impartiality, the panel will not include members of the Discipline Committee who have any real or perceived conflict of interest regarding the matter (e.g., if the complaint is from or about one of their co-workers, friends, competitors, or relatives).
The panel will also decide the case principally on the basis of the evidence provided at the hearing. The subcommittee cannot sit on the panel, since they have already had informal access to other information that may not be presented at the formal hearing. Similarly, the prehearing officer cannot sit on the panel except with the consent of both parties.
PENALTIES
If the panel determines that the OPPI Member breached the Professional Code of Practice, the panel has the power to do one or more of the following:
- Revoke membership permanently;
- Suspend membership for a stated period (i.e., not indefinitely);
- Reprimand;
- Fine (to a maximum of $25,000);
- Require the completion of relevant education or corrective measures.
The penalty can be postponed, or may be made conditional upon certain terms. For instance, a member might be ordered to successfully complete a particular educational course before a specific date, and if he/she fails to do so then his/her membership is suspended as of that date for a specified period.
Any discipline result will remain on the Member’s file.
APPEAL & REINSTATEMENT
Under s.10(1) of the Ontario Professional Planners Institute Act, any party to the discipline hearing may appeal the panel’s decision to the OPPI Council for reconsideration.
Under s.10(2) of the Act, an OPPI member who has been sanctioned by the Discipline Committee and is dissatisfied with Council’s reconsideration, may further appeal the panel’s decision to the Ontario Divisional Court.
If an individual’s OPPI membership is revoked, that individual may later apply to Council to be readmitted to OPPI. Council would appoint a committee to consider whether or not to readmit the individual, and upon what terms and conditions.
PUBLICATION
Once the Discipline Committee has made a determination, OPPI may insert a notice in the Ontario Planning Journal, in OPPI’s Annual Report, or on the OPPI website.
If the member did NOT breach the Professional Code of Practice this notice will:
If the member did breach the Professional Code of Practice, the notice may also include:
- Summary of the complaint
- Name and address of OPPI member
- Penalty imposed (including text and substance of any restriction on membership or reprimand)
If the penalty involved a change in the member’s status (e.g. revocation or suspension), then this information must be published in OPPI’s annual report.