[MIT 19] Powers of disciplinary committees19 

19

(1) A disciplinary committee shall hear and make recommendations to the Board regarding any complaint of unprofessional conduct referred to it by the Board.

(2) For the purpose of subsection (1), a disciplinary committee may receive oral or written evidence, summon persons, administer oaths or affirmations and examine witnesses.

(3) If a disciplinary committee is satisfied on the evidence presented to it in respect of a complaint under subsection (1) that the registered person—

• (a)is not guilty of unprofessional misconduct it shall so report to the Board and the Board shall confirm that finding and dismiss the complaint;
• (b)is guilty of unprofessional misconduct, it shall so report to the Board and recommend that the Board take one or more of the following measures, namely—
  • (i)reprimand the person;
  • (ii)impose restrictions or conditions on the certificate of registration or annual practising certificate;
  • (iii)suspend the person from practising for a certain period;
  • (iv)cancel the person’s registration;
  • (v)impose a financial penalty not exceeding $2,000.

(4) A disciplinary committee may recommend to the Board that a party be ordered to pay costs.

(5) Upon receiving and considering the recommendations of a disciplinary committee pursuant to subsection (3), the Board shall decide what measures within subparagraphs (i) to (v) of paragraph (b) of that subsection should be imposed on a registered person in respect of a finding by the committee that the person is guilty of unprofessional conduct and may make such order, if any, as to costs as it deems fit, and in so deciding such measures or any such order as to costs the Board shall not be bound by the recommendations of the committee.

(6) Any financial penalty ordered by the Board under subsection (5) shall be paid to the Society and such penalty may be recovered by the Society as a debt.