College of Kinesiologists of Ontario Defence Lawyers

Kinesiologists, like many professionals in Canada, must be adequately educated, licensed and regulated by the province in which they practice. Each province regulates their professionals in their own way. Each province in Canada is responsible for regulating the professionals working within that province. In Ontario, the College of Kinesiologists aims to protect the public through the governance and regulation of kinesiologists within the province.

Kinesiology is the study of human move, performance and function, and uses research on neuroscience and psychosocial factors to improve movement and performance. Because the practice of kinesiology  is a regulated practice, only those who are registered with the College of Kinesiologists of Ontario may legally practice kinesiology and use the title of ‘kinesiologist,’ ‘registered kinesiologist,’ or ‘R.Kin.’

The College of Kinesiologists of Ontario’s main roles are to: set the requirements for entry into the profession of kinesiology, maintain a public register of kinesiologists, develop rules and guidelines of practice and codes of ethics to be followed, and require kinesiologists to participate in educational and developmental programs. Another one of the College’s main responsibilities is to address concerns about kinesiologists, and thus accepts formal complaints and conduct investigations. If any professional misconduct is discovered, the College will be responsible for punishing the offending kinesiologist by holding disciplinary hearings and imposing penalties.

The College of Kinesiologists of Ontario is overseen by a Council composed of 10 kinesiologists elected by other members of the profession, and 6-8 members of the public who are appointed by the government of Ontario. Kinesiologists are regulated by the College’s Bylaws, Code of Ethics, Standards of Practice and various legislations. Some of the legislations that guide kinesiologists include: the Kinesiology Act, 2007 and the regulations made under it, and the Regulated Health Professions Act, 1991. These rules and legislations will be discussed in further detail in later sections.

Legal Information

Frequently Asked Questions

How are Kinesiologists Regulated?
The Complaint Process
What Happens when a Complaint is Filed?
What Happens at a Discipline Hearing?
What Happens if a Kinesiologist is Unfit to Practice?
What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?
What Penalties Can a Kinesiologist Face as a Result of a Complaint?
Can a Kinesiolgist Appeal a Decision by the Discipline Committee?
When Must an Employer/Facility Make a Report to the College of Kinesiologists of Ontario?
When Must a Kinesiologist Self-Report to the College of Kinesiologists of Ontario?
Sexual Abuse by a Kinesiologist
Inappropriate Acts by a Kinesiologist
Quality Assurance of Kinesiologists

How are Kinesiologists Regulated?

Kinesiologists must abide the College’s bylaws, Code of Ethics and Standards of Practice. They are also regulated by various legislations and the regulations made under them. Some of the legislations include: the Kinesiology Act, 2007 and the Regulated Health Professions Act, 1991 The Kinesiology Act, 2007 defines the practice of kinesiology, the scope of practice available under it, and the personnel composition and functions of the College’s Council. The Regulated Health Professions Act, 1991 sets out standards and regulations of practice applicable to all regulated health professionals in Ontario, and as such, kinesiologists as well. Kinesiologists in Ontario must also comply with the Personal Health Information Protection Act, 2004 which establishes the rules surrounding the collection, use and disclosure of health information and the requirement that health professionals maintain confidentiality.

The Complaint Process

Kinesiologists, like any other professional, owe a duty of care towards their clients. A failure to discharge this duty of care could result in a formal complaint being filed with the College of Kinesiologists of Ontario. There are no limits on who may raise a complaint about a kinesiologist. Formal complaints can be filed with the College of Kinesiologists by filing a complaint form that can be found on the College’s website. There is no time limit on when a complaint may be filed. The complaint can be filed through e-mail, surface mail or fax. The complaint should include: the complainant’s name and contact information, the name of the kinesiologist and a detailed description of the incident as well as the time and place in which it occurred.

While the College is able to deal with most complaints, there are incidents that the College is unable to address. Some complaints that the College does not have jurisdiction over include: matters have been dealt with by another board or boy, matters involving a kinesiologist’s family or associates, and complaints about the management of a facility (unless the kinesiologist is the owner/operator).

What Happens When a Complaint is Filed?

Once the College of Kinesiologists of Ontario has received a formal complaint, the College may contact the complainant to confirm receipt of the complaint or enquire for more information. An investigator retained by the College may also gather relevant information, such as medical records, to carry on an investigation of the complaint. A copy of the complaint will also be forwarded to the kinesiologist to allow them an opportunity for response. The findings from the investigation will be reviewed by a panel of the Inquiries, Complaints and Reports Committee, comprised of fellow kinesiologists as well as members of the public. A complaint will be processed within 150 days of the College receiving it. After deliberation, the ICRC may make to following decisions:

  • Take no further action
  • Refer the complaint to the Discipline Committee
  • Refer the kinesiologist to another panel of the ICRC for investigation if they are incapacitated (e.g. where they suffer from a mental health or physical condition that interferes with their ability to practice safely)
  • Issue a caution to the kinesiologist in person
  • Require the kinesiologist to complete a specified continuing education or remediation program
  • Issue written advice to the kinesiologist
  • Enter into an agreement with the kinesiologist outlining the actions they must take to better their practice

The ICRC does not have authority to award any compensation, monetary or otherwise to the complaint, require the kinesiologist to given an apology, require another organization to alter a decision relating to the complaint, or order an employer to discipline a kinesiologist. If the complainant or kinesiologist is unsatisfied with the decision, either party may request a review. If there is a review, it will be overseen by the Health Professions Appeal and Review Board of Ontario. However, where the ICRC’s decision is to refer the matter to the Discipline Committee or the Fitness to Practice Committee, neither party may appeal this decision.

Please note that a finding of professional misconduct can have very serious implications on a kinesiologist’s ability to practice. When a kinesiologist becomes aware that a complaint has been filed against them, they are advised to contact qualified legal counsel as soon as possible. As all members of the College of Kinesiologists of Ontario are entitled to have legal counsel present during all stages of the complaint process, our Firm can help guide you through this process to ensure you receive the best possible outcome in your case.

What Happens at a Discipline Hearing?

If the ICRC forwards a complaint to the Discipline Committee, a formal hearing will take place. This typically occurs where a kinesiologist has committed an act of professional misconduct or is alleged to be incompetent. A formal hearing before the Committee will operate similarly to a legal proceeding and will include written and oral submissions, as well as cross examinations from witnesses and expert witnesses. The hearing will be heard before a panel composed of 3-5 members of the Discipline Committee, including at least 2 public members of the College Council. After a full hearing, the Committee will come to a decision about the complaint. Following the decision, the panel may:

  • Revoke the kinesiologist’s certificate of registration
  • Suspend the kinesiologist’s certificate of registration for a period of time
  • Place terms, conditions or other limits on the kinesiologist’s ability to practice
  • Order the kinesiologist to pay a fine of up to $35,000
  • Order the kinesiologist to appeal before the court to be reprimanded in person
  • Order the kinesiologist to pay costs for the costs the College incurred for legal, investigation and hearing costs

If you are in need of legal counsel for this process, Our Firm can help guide you to ensure you receive the best possible outcome in your case.

What Happens if a Kinesiologist is Unfit to Practice?

Where there has been a complaint that a kinesiologist is suffering from a mental or physical condition that affects their ability to practice the profession safely or effectively, the ICRC may conduct an investigation into the kinesiologist’s physical or mental state and the risk they pose to their patients and clients. The ICRC may also order the kinesiologist to undergo a physical or mental examination. If the ICRC believes that the kinesiologist poses a risk to their patients/clients, it may direct the kinesiologist to be subject to practice conditions and limits or face suspension. The ICRC may also refer the matter to the Fitness to Practice Committee for a hearing. The Committee will investigate into whether the kinesiologist is in fact incapacitated and may take these actions following such a finding:

  • Revoke the kinesiologist’s’ Certificate of Registration
  • Suspend the kinesiologist’s’ Certificate of Registration until they have made a recovery
  • Impose terms, limits or conditions on the kinesiologist’s Certificate of Registration

What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?

There are many different reasons why someone may wish to file a formal complaint against a kinesiologist. Some examples of when a client/patient may wish to lodge a complaint against a kinesiologist include:

  • The kinesiologist has failed to maintain the standards of the profession
  • The kinesiologist has abused a client
  • The kinesiologist is practicing kinesiology while under the influence of any substance, or while suffering from illness or other dysfunction which the kinesiologist knows or ought to known impairs their ability to practice
  • The kinesiologist discontinues professional services that are needed unless the client has provided consent or alternative services are available
  • The kinesiologist practices kinesiology while there under a conflict of interest
  • The kinesiologist fails to provide a truthful, understandable or appropriate explanation of the nature of an assessment, intervention, or other service following a client’s request for an explanation
  • Charging excessive fees

What Penalties Can a Kinesiologist Face as a Result of a Complaint?

As noted in previous sections, there are several courses of action the ICRC may take, including: providing written advice to the kinesiologist, providing an oral caution to the kinesiologist, requiring the kinesiologist to complete a specified continuing education or remediation program, referring the kinesiologist to another panel of the ICRC for further investigation if they are incapacitated, referring the allegation to the Discipline Committee, or ordering the kinesiologist to appear before the panel to be cautioned.

If the complaint is further referred to the Discipline Committee and a finding has been made, the panel may: revoke the kinesiologist’s Certificate of Registration of for up 5 years, suspend the Certificate of Registration, place terms, conditions and/or limitations on the Certificate of Registration, order the kinesiologist to pay a fine up to $35,000, require the kinesiologist to appeal before the panel to be reprimanded in person, or require the kinesiologist to pay the College costs incurred for legal, investigative, and other related costs.

Can a Kinesiologist Appeal a Decision by the Discipline Committee?

A kinesiologist may appeal the Discipline Committee’s decision to the Divisional Court of Ontario. If a kinesiologist’s Certificate was revoked or suspended, they may apply for a reinstatement after a period of 1 year. If this application is unsuccessful, they can apply again after 6 months. However, if the kinesiologist’s Certificate was revoked because there was a finding of sexual abuse, a kinesiologist may not make an application to be reinstated into the profession until 5 years have passed since their license was revoked or suspended.

When Must an Employer/Facility Make a Report to the College of Kinesiologists of Ontario?

As per the Regulated Health Professions Act, 1991, employers and facilities who employ kinesiologists must make a mandatory report to the College of Kinesiologists of Ontario where:

  • There is reasonable belief that the kinesiologist has sexually abused a client
  • There is reasonable belief that the kinesiologist is incompetent or incapacitated
  • The kinesiologist’s employment has been terminated or privileges have been revoked, suspended/limited
  • The kinesiologist has resigned, terminated or limited their practice due to professional misconduct, incompetence or incapacity.
  • A partnership, corporation or association with a kinesiologist has been terminated due to issues related to professional misconduct, incompetence or incapacity

Employers or the Facility must make a report of the above incidents to the College of Kinesiologists of Ontario within 30 days of the incident, even if the kinesiologist is no longer employed with them. However, if there is reason to believe that the kinesiologist will continue to commit sexual assault or that their incompetence/incapacity will pose a risk of  exposing patients to harm, a report must be made immediately. 

When Must a Kinesiologist Self-Report to the College of Kinesiologists of Ontario?

The Regulated Health Professions Act, 1991 stipulates that self-reporting is a legal requirement for all kinesiologists. A kinesiologist must self-report to the College of Kinesiologists of Ontario where:

  • They are found guilty of an offence
  • They are subject to bail restrictions
  • They are found guilty of professional misconduct, incompetency, or incapacity
  • They are subject to a proceeding for professional misconduct, incompetency, incompetence or similar conduct
  • They are subject to a current proceeding by another regulatory body

Kinesiologists should file the self-report should, in writing, to the College within 15 days of becoming aware of the above circumstances.

Sexual Abuse by a Kinesiologist

Sexual abuse by any kinesiologist is not tolerated by the College of Kinesiologists of Ontario. Kinesiologists are forbidden from touching or speaking to their patients or clients in a sexual way or engaging in a sexual relationship with the patient/client. Sexual abuse, in relation to healthcare could include:

  • Sexual intercourse or any intimate physical relations,
  • Touching of a sexual nature by the kinesiologist,
  • Any behaviour or language that may deemed to be of a sexual nature.

If the College receives a report of sexual abuse, they will conduct investigations into the alleged incidents, assess the complaints sensitively, and address the report expeditiously. The College may also allocate funds of up to $16,000 for a qualifying complainant to receive therapy and funding for the abuse suffered.

Inappropriate Acts by a Kinesiologist

Kinesiologists ought to maintain professional boundaries with their patients and clients. Some behaviours that amount to a violation of professional boundaries by a kinesiologist may include:

  • Inviting a patient to a social event
  • Making suggestive comments about a patient/client’s appearance
  • Asking questions to a patient/client of an intimate nature that are irrelevant to health, or the services provided
  • Disclosing a kinesiologist’s own personal or intimate details
  • Offering services beyond normal operating procedures of the practice, therapeutic relationship

Quality Assurance of Kinesiologists

The College of Kinesiologists of Ontario maintains a Quality Assurance program to ensure that kinesiologists are able to keep updated with their knowledge, practice and deliver competent and ethical care. The College also ensures that kinesiologists will continue to participate in educational and development programs, by making it a requirement to maintain their certificate of registration and ability to practice. Kinesiologists are required to conduct self-assessments of their learning and progress, retain proof of participation in ongoing developmental, educational programs and may also be subject to annual random Peer and Practice Assessments. Failure to participate in such programs and abide by the requirements could result in professional consequences and affect the kinesiologist’s ability to practice.

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