GOVERNANCE POLICY: GP-16  Appeals to Council as a Result of the Quality of Care Review Process

Council wishes to ensure that its philosophy of complaints resolution as outlined in policy GP-14 is adhered to.  This policy describes under what circumstances a party may appeal the decisions arising from the Quality of Care review process to Council and the latitude of Council’s response to such an appeal.

1. Any party to the Quality of Care review process may make an appeal to Council in the following circumstances:

1.1  Where the party has exhausted the internal processes as established by the Registrar, and

1.1.1  If the party alleges that a rule or rules of the Quality of Care review process was or were violated including violation of the principles of natural justice or fairness;

1.1.1 This would include situations in which the party alleges that they were treated in a manner that discriminated on the basis of their age, gender, race, religion or sexual orientation.

2. All appeals will be:

2.1  Presented to Council in written form and will restrict themselves to dealing with the issues covered in Section 1 of this policy.

2.2  Will be determined on the basis of the record.

3. Upon receiving an appeal, Council may make such an order as may be appropriate and necessary which, without limiting the generality of the foregoing, may include one or more of the following:

3.1  Council may confirm the result of the Quality of Care review process;

3.2  Council may refer the matter back to the Registrar or any person or persons delegated by the Registrar to handle complaints with or without guidance as to its findings regarding issues in Section 1 of this policy;

3.3  Council may vary the result of the Quality of Care review process;

3.4  Council may substitute its own decision for that of the Quality of Care review process;

3.5  Council may quash the result of the Quality of Care review process.

4.  An appeal will only be accepted if received by the College within one year after the case has been closed.

5. Nothing in this policy precludes or restricts the powers of Council under Part V of The Medical Profession Act or its bylaws.

6. Nothing in this policy precludes the rights of persons to appeal under Part VI of The Medical Profession Act or its bylaws.