Complaints & Discipline

ASTTBC cannot investigate or resolve concerns that fall outside of its jurisdiction.

ASTTBC is unable to:

• Compensate anyone (monetary or non-monetary). Those seeking compensation should speak with a lawyer
• Resolve contractual disputes
• Resolve issues or disputes with registrants on a complainant’s behalf
• Demand action by a registrant
• Investigate the involvement of unregulated individuals
• Provide legal advice or legal assistance
• Mediate or address employment disputes

No, ASTTBC cannot accept anonymous complaints.

It is difficult and sometimes impossible to investigate your concerns if ASTTBC does not have your name or contact details to clarify and/or seek further information. Additionally:

• without using your name, ASTTBC may not be able to gather the necessary information about your concerns, and
• ASTTBC needs to ensure those involved in the complaint and investigation are given a fair opportunity to respond to concerns. It may be difficult to explain the concerns without disclosing your identity.

A copy of your complaint, along with any evidence gathered during the investigation, will be provided to the registrant who is the subject of the complaint. Information you provide may also be shared with other witnesses when necessary for the investigation.

ASTTBC and the Investigation Committee will keep information gathered during an investigation confidential, except where disclosure is necessary for the investigation or required in accordance with the ASTTBC Discipline and Title Misuse Publication Policy.

Conducting a fair and thorough investigation takes time. ASTTBC strives to complete investigations as efficiently as possible, but some cases take longer than others. Factors that can affect the duration of an investigation include:

• Cooperation of the parties involved
• Delays in obtaining evidence
• Complexity of the issues under investigation
• Seriousness of the matters being investigated

ASTTBC staff keep both complainants and registrants  informed about the status of an investigation as new information becomes available. Once a disposition decision is made, both the complainant and registrant are advised of the outcome.

Complainants are also notified if the Investigation Committee directs the registrar to issue a citation for a discipline hearing or issues a temporary order that suspends or limits a registrant’s practice while the investigation is ongoing.

The PGA and the ASTTBC Bylaws set out the process by which ASTTBC investigates and resolves complaints. Investigations are led by the Investigation Committee. If a complaint proceeds to a discipline hearing, the resolutions are determined by the Discipline Committee.

1. Complaint submission

After receiving a complaint, ASTTBC staff will review the complaint and correspond with the complainant as needed to gather sufficient information to indicate a concern within ASTTBC’s jurisdiction.

If there is a valid concern within ASTTBC’s jurisdiction, a complaint file is opened.

At this stage, staff may gather additional information from the registrant and other witnesses, where appropriate. Typically, the registrant will be notified of the complaint, provided with a copy of the complaint materials, and asked to respond. Staff will assess the potential risk to the public and the environment and determine the file’s priority level accordingly. The risk assessment and file priority may be updated as additional information is obtained during the investigation.

Extraordinary action
Where a complaint or evidence gathered during an investigation indicates a potential risk of serious harm to the public or the environment, ASTTBC may take extraordinary action under section 67 of the PGA. Such action may include imposing limits or conditions on a registrant’s practice, or suspending the registrant without prior notice or an opportunity to be heard, in order to protect the public interest.

2. Investigation

Only the Investigation Committee has the authority to authorize an investigation. Once authorized, the Investigation Committee may appoint an investigator. An appointed investigator may interview the complainant, the registrant, and other witnesses with relevant information; gather documents and other evidence; and obtain input from subject matter experts. The investigation will include all steps necessary to obtain the information required for the Investigation Committee’s review.

3. Disposition/resolution

After the investigation is complete, the Investigation Committee reviews the investigation materials and determines the appropriate disposition to resolve the complaint.

Pursuant to section 70 of the ASTTBC Bylaws, the Investigation Committee may resolve a complaint in one or more of the following ways:

• File closed with no further action
  A complaint may be closed with no further action if the registrant’s conduct or competence is satisfactory, or the matter is trivial, frivolous, vexatious or made in bad faith.
• Refer the registrant for a practice review
  The Investigation Committee may refer the registrant to undergo a practice review where minor professional practice issues are noted.
• Issue a letter of caution
  If minor issues are identified that the registrant can improve upon, the Investigation Committee may close the file by issuing a letter of caution and providing recommendations to the registrant.
• Resolution without a discipline hearing
  The Investigation Committee may propose a reprimand and remedial action by consent (RRAC), or a consent order, where the registrant agrees to certain penalties instead of proceeding to a citation and discipline hearing.

Penalties may include, but are not limited to, accepting a reprimand, completing education and/or examinations, undergoing counselling, writing a reflective letter, supervised practice, paying a disciplinary penalty and reimbursing ASTTBC for investigative costs.

If a RRAC or consent order is agreed to by the registrant, it will be published on the ASTTBC website in accordance with the ASTTBC Discipline and Title Misuse Publication Policy.

• Issue a citation
  A citation authorizes a discipline hearing and outlines the allegations against a registrant. Citations are published on the ASTTBC website in accordance with the ASTTBC Discipline and Title Misuse Publication Policy.

A discipline hearing is a public, formal adjudicative process before a panel of the Discipline Committee. During the hearing, witnesses with relevant information regarding the allegations provide testimony, and evidence is presented. As a complainant, you may be required to testify about the matters raised in your complaint.