When a professional commits a disciplinary offence, the discipline committee of their order may impose a disciplinary sanction. These decisions have significant consequences on the right to practice. They also aim to protect the public, a fundamental principle of Quebec’s professional system. The disciplinary sanction therefore plays a central role in maintaining public trust.

Why sanction a professional?

The purpose of the disciplinary system is not to punish for the sake of punishment. The sanction aims to :

• Protect the public;
• Deter the offending professional from repeating their behaviour;
• Serve as an example for other members of the profession;
• Maintain public confidence in the profession.

Types of offences : integrity vs. competence

Not all offences are alike.

1. Lack of integrity

These involve the most serious behaviours: dishonesty, fraud, breach of trust, misappropriation of funds, sexual misconduct, etc.

Such offences are often considered incorrigible. Indeed, they generally result in severe disciplinary sanctions, such as revocation.

2. Incompetence

This refers to a lack of professional knowledge or skills. In such cases, sanctions are personalized and aim to correct rather than exclude. Thus, they may include training, supervision, or limiting the right to practice.

Possible sanctions

According to section 156 of the Professional Code, the discipline committee may impose one or more disciplinary sanctions for each count of offence :

• Reprimand
• Temporary or permanent striking off the roll
• Fine between $2,500 and $62,500 (per offence, doubled in case of repeat offences)
• Reimbursement of an amount owed to a client
• Obligation to communicate, correct, or update a document
• Revocation of licence
• Revocation of specialist certification
• Limitation or suspension of the right to practice

The most serious cases : minimum 5-year revocation

For certain acts, particularly those referred to in section 59.1 of the Professional Code, stricter rules apply. When an act harms the honour or dignity of the profession, the discipline committee must impose a specific sanction :

• At least five years of revocation, unless the professional convinces the committee that a shorter period is justified;
• A fine

Illegal appropriation of money : mandatory revocation

When a professional wrongfully appropriates funds entrusted by a client, a severe sanction is required. The committee must impose at least temporary revocation when such funds are used for other purposes.

This type of offence is one of the most serious because it directly involves :

• A complete breach of trust;
• A lack of integrity;
• Damage to the profession’s credibility

How does the committee determine the sanction?

The committee evaluates several factors to determine the appropriate disciplinary sanction. It considers, in particular :

• The seriousness of the facts;
• The professional’s conduct during the investigation and hearing;
• Rehabilitation efforts;
• The connection between the offence and the profession;
• The impact on public confidence in the profession.

Conclusion

Disciplinary sanctions can have major consequences on a professional’s right to practice. Indeed, they may range from a simple reprimand to permanent revocation. Their purpose is not punitive. On the contrary, they serve to protect the public, ensure the integrity of the profession, and maintain public confidence.

If you are the subject of a disciplinary investigation or fear you may become one, consult a lawyer promptly. This will allow you to understand your rights, your obligations, and the possible impacts on your licence to practice. In addition, if your situation also involves professional issues, you may consult our page on employment law. Our firm can analyze your file, explain your rights, and assist you at every stage of the disciplinary process. To discuss your situation, contact our team.