Inquiries, Reports and Complaints
Frequently Asked Questions
How long does the complaints process take?Does the College reimburse complainants or optometrists for costs incurred in the course of dealing with a complaint?Do complaints against an optometrist remain confidential?How does the College deal with anonymous complaints against an optometrist? Can information gathered by the College or the decision issued by the ICRC be used in Court?
Q: How long does the complaints process take?
A : The Health Professions Procedural Code stipulates that a panel of the Inquiries, Complaints and Reports Committee (ICRC) should dispose of a complaint within150 daysof its receipt by the College. The College of Optometrists strives to resolve all complaints within the 150-day period. However, certain cases brought before the ICRC are more complicated than others and may require a longer period of time to thoroughly investigate the complaint and resolve it in a manner that best protects the public interest. If this is the case, the complainant and the optometrist involved will be notified of any delay, the reasons for the delay and the expected date of the panel’s decision. Should that delay exceed 210 days, the Registrar is required to provide the parties to the complaint and the Health Professions Appeal and Review Board with notice of the delay and the reasons for it. The Health Professions Appeal and Review Board can then: (i) direct the panel of the ICRC to continue to investigate the complaint; (ii) make recommendations to the ICRC or (iii) initiate its own investigation into the matter.

Q: Does the College reimburse complainants or optometrists for costs incurred in the course of dealing with a complaint?
A : The complaints process is carried out without charging the complainant or the optometrist for the costs associated with processing and disposing of the complaint. Similarly, the College does not reimburse the complainant or the optometrist for costs they incur while responding to the complaint.

Q: Do complaints against an optometrist remain confidential?
A : There is no legislative provision for the College to release information about the investigation or decision of the ICRC except to the optometrist and the complainant. However, the ICRC is required to consider all available prior complaints decisions involving the optometrist. The optometrist is given an opportunity to comment on these prior decisions (if there are any). Information about prior decisions is not disclosed to the complainant.

Q: How does the College deal with anonymous complaints against an optometrist?
A : The ICRC does not initiate a complaints investigation in cases where there is no known complainant. However, should it deem information brought to its attention by an anonymous source to be of a serious nature, they have the discretion to handle this information as a “report”. Reports are handled in a similar manner to complaints, however, there is no complainant and the Committee must request that the Registrar conduct an investigation into the matter. The Registrar will only conduct an investigation if he or she believes that reasonable and probable grounds exist to do so.

Q: Can information gathered by the College or the decision issued by the ICRC be used in Court?
A : No. In accordance with Section 36(3) of the Regulated Health Professions Act, no report or decision of a proceeding under that Act or any other health professions Act or the Drug and Pharmacies Regulations Act is admissible in a civil proceeding.
