College of Dietitians of Ontario Defence Lawyers

Dietitians, like many other professionals in Canada, must be adequately educated, licensed and regulated by the province in which they practice. Each province will regulate 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 Dietitians is a regulatory body that makes sure dietitians follow the laws and practice standards expected of dietitians, and that the public is able to receive safe, ethical, and high-quality nutrition services. Dietetics is the practice of assessing nutrition and nutritional conditions, and the treatment and prevention of nutrition related disorders by nutritional means. Dietetics is a controlled profession and practice. Thus, only those who are registered with the College of Dietitians of Ontario may use the titles ‘dietitian,’ ‘registered dietician,’ or ‘RD.’ Using such titles without being registered with the College cold result in fines of up to $50,000. Dietitians must abide by the College of Dietitians of Ontario’s bylaws, policies, Code of Ethics, Standards and Guidance for Dietetic Practice, and are regulated by the Dietetics Act, 1991 and the Regulated Health Professions Act, 1991.

The College is also overseen by a Council comprised of 6-9 fellow dietitians and 5-8 members of the public. Some functions of the College of Dietitians include: protecting the public through setting the education and qualification standards necessary for practice, only issuing certificates of registration who have met the relevant requirements, monitoring dietitians through a quality assurance  program, and maintaining a Register of Dietitians to allow potential clients to verify that a dietitian is registered to practice.

Another one of the College of Dietitian’s main responsibilities is to address complaints made about Dietitians. Thus, the College will also accept formal complaints and investigates as necessary. If any professional misconduct is discovered, the College will also be the regulating body responsible for punishing the Dietitian by holding disciplinary hearings and imposing penalties upon the dietitian.

Dietitians in Ontario must abide by the College of Dietitian of Ontario’s bylaws, policies, Code of Ethics, Standards and Guideline for Practice, and are regulated by the Dietetics Act, 1991 and the Regulated Health Professions Act, 1991. The Dietetics Act, 1991 defines the scope of practice of dietetics and the acts authorized under it. It also outlines the establishment and functions of the College Council, which oversees the members of the College of Dietitians of Ontario. The Code of Ethics and Standards and Guidelines for Practice illustrate the dietitians’ duties and responsibilities as registered members of the College.

Legal Information

Frequently Asked Questions

The Complaint Process
What Happens When a Complaint is Filed?
Can a Complaint/Dietitian Appeal the ICRC’s Decision?
How Long Does it Take for a Complaint to be Addressed?
What Happens at a Discipline Hearing?
What Happens if the ICRC finds the Dietitian to be Incapacitated or Unfit to Practice?
What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?
What Penalties Can a Dietitian Face as a Result of a Complaint?
When Must an Employer/Facility Make a Report to the College of Dietitians of Ontario?
When Must a Dietitian Self-Report to the College of Dietitians of Ontario?
Quality Assurance of Dietitians
What can the Public Expert from a Dietitian?
Sexual Abuse by a Dietitian
Can a Dietitian Engage in a Relationship with a Client?

The Complaint Process

Dietitians, like other regulated professionals, owe a duty of care to their clients. If there is a failure to discharge this duty of care, it could result in a formal complaint being filed with the College of Dietitians of Ontario. A formal complaints can be filed with the College directly through a recorded format (writing, email, letter, audio or video). The complaint should include: the name of the dietitian, a detailed description of the events that took place, the location where the event took place, the parties involved, the complainant’s name and contact information and a signature(s). The complaint can be made to the Registrar and Executive Director of the College of Dietitians.

What Happens When a Complaint is Filed?

Once the College of Dietitians of Ontario receives the complaint, the complainant will receive written acknowledgement, in writing, confirming the receipt. The Dietitian against whom the complaint is lodged will also receive a copy of the complaint within 14 days of the College receiving it, and will be requested to provide a reply within  30 days. Following this exchange,  the Inquiries, Complaints and Reports Committee (ICRC) will conduct a review of the complaint. The ICRC is a committee composed of fellow dietitians and members of the public.

During the investigation of the complaint, the ICRC may engage an investigator to assist in the investigation if they require more information to reach a decision.  The investigator may conduct interviews with the complainant or the dietitian, contact individuals who may have information on the complaint, contact the dietitian to preserve evidence, attend a dietitian’s practice to examine evidence, copy or remove any relevant evidence, and require third parties and/or witnesses  to provide information. The information that the investigator obtains during the course of the investigation can be used as evidence in any proceedings that take place before the College of Dietitians of Ontario. After the investigation has ceased, the dietitian will receive a copy of the investigation report and will be given a final chance to make a written response. The ICRC will review the investigation report and the dietitian’s response (if any). The ICRC will then come to a decision, which can include:

  • Taking no further action
  • Issuing a written reminder or advice to the dietitian
  • Requiring the dietitian to receive caution in person
  • Referring the dietitian to another panel of the ICRC for further investigation if they are found to be incapacitated or suffering from a mental health/physical condition that may interfere with the ability to practice safely)
  • Requiring the dietitian to complete a specified continuing education or remediation program
  • Referring the complaint or matter to the Discipline Committee where there is an allegation of professional misconduct or incompetence

If the ICRC delivers an  oral caution or directs the dietitian to complete an specified continuing education or remediation program, the public will be made aware of this information through the Register of Dietitians, or on the College’s website.

A finding of professional misconduct can have very serious implications on a Dietitian’s ability to practice. If a Dietitian becomes aware that a complaint has been filed against them, they are advised to contact qualified legal counsel as soon as possible. Members of the College of Dietitians 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.

Can a Complainant/Dietitian Appeal the ICRC’s Decision?

Where the complainant or dietitian objects to the findings of the investigation or to the ICRC’s decision, they may request for a review by the Health Professions Appeal and Review Board, which is an independent agency.

How Long Does it Take for a Complaint to be Addressed?

The time frame under which a complaint will be processed will vary on a case by case basis depending on the complexity of the case. Typically, a decision will be rendered within 150 days from the date the complaint is received.

What Happens at a Discipline Hearing?

If the ICRC forwards a complaint to the Discipline Committee, a formal hearing will then take place. This usually occurs where a dietitian has been alleged to have committed an act of is alleged to be incompetent. A formal hearing before the Discipline Committee will operate similarly to a legal proceeding and will include written and oral submissions presented under oath, and cross examinations from witnesses and expert witnesses. The hearing will be overseen by a Panel of the Discipline Committee, composed of a total of 3 members, with at least 2 members of the public. After a full hearing, the Panel will come to a decision about the complaint. If the Panel finds the dietitian guilty, they may:

  • Revoke the dietitian’s certificate of registration
  • Suspend the dietitian’s certificate of registration
  • Impose conditions, limits or terms on the dietitian’s certificate of registration
  • Reprimand the dietitian
  • Require that the dietitian pay a fine to the government of Ontario or reimburse the College for all, or part, for the costs incurred for the hearing.

An appeal of the decision can be made by way of application to the Superior Court of Justice (Divisional Court of Ontario)

What Happens if the ICRC finds the Dietitian to be Incapacitated or Unfit to Practice?

Where the ICRC finds that the dietitian may incapacitated or unfit to practice, they may refer the dietitian to the Fitness to Practise Committee for an incapacity hearing. This will occur where the ICRC believes the condition is affecting the dietitian’s ability to practice the profession safely and pose a risk to the public. During the incapacity hearing, a Panel of the Fitness to Practise Committee will conduct a formal hearing that is closed to the public. If the Panel makes the finding that the dietitian is in fact incapacitated or unfit to practice, they may:

  • Revoke the dietitian’s certificate of registration
  • Suspend the dietitian’s certificate of registration
  • Impose conditions, limits or terms on the dietitian’s certificate of registration for a period of time.

An appeal of the Panel’s decision can be made by way of application to the Superior Court of Justice (Divisional Court of Ontario)

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

There are many different reasons why a client may wish to file a formal complaint against a Dietitian. Some examples of incidents that give rise to a complaint may include:

  • The dietitian fails to maintain the standards of the profession
  • The dietitian abuses a client
  • The dietitian is practicing the profession while under the influence of any substance, or while knowingly suffering from an illness or other dysfunction that impairs their ability to practice
  • The dietitian discontinues urgent professional services unless the client consents or alternative services are available
  • The dietitian practices the profession while in a conflict of interest
  • The dietitian fails to provide a truthful, understandable or appropriate explanation of the nature of an assessment, intervention, or other service after a request for an explanation by the client
  • The dietitian is charging excessive fees in relation to the services being provided

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

As noted in previous sections, there are several courses of action the ICRC may take, including: issuing a written reminder or advice to the dietitian, requiring the dietitian to receive caution in person, referring the dietitian to another panel of the ICRC for further investigation if they are found to be incapacitated or suffering from a mental health/physical condition that may interfere with their ability to practice dietetics safely, requiring the dietitian to complete a specified continuing education or remediation program, or referring the complaint/matter to the Discipline Committee where there is an allegation of professional misconduct or incompetence.

If the case has been referred to the Discipline Committee or the Fitness to Practise Committee, the Panel may: revoke the dietitian’s certificate of registration, suspend the dietitian’s certificate of registration, or impose conditions, limits or terms on the dietitian’s certificate of registration for a period of time.

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

The Regulated Health Professions Act, 1991 requires that employers and facilities who employ Dietitians make a mandatory report to the College of Dietitians of Ontario where:

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

Employers or the Facility must make a report to the College of Dietitians of Ontario within 30 days of the incident, or immediately, where the incompetence or incapacity could expose patients and clients to continued harm or sexual abuse.

When Must a Dietitian Self-Report to the College of Dietitians of Ontario?

The Regulated Health Professions Act, 1991 mandates self-reporting as a legal requirement for all Dietitians. Some circumstances that a Dietitian must self-report to the College of Dietitians of Ontario include:

  • The dietitian has been found guilty of an offence or is subject to bail conditions
  • The dietitian has been found guilty of professional misconduct, incompetency, incapacity for any profession in any jurisdiction
  • The dietitian is being subjected to a proceeding for professional misconduct, incompetency for any profession in any jurisdiction
  • The dietitian has been found guilty of professional negligence or malpractice
  • The dietitian has been refused registration with another professional regulatory body
  • The dietitian ceases to be authorized to work in Canada

This report should be made within 30 days of the dietitian becoming aware of the circumstances, or immediately upon such knowledge- depending on the nature of the circumstances. The report should be submitted via email to the Registrar and Executive Director of the College.

Quality Assurance of Dietitians

The College of Dietitians of Ontario maintains a Quality Assurance program to ensure that its members are able to continue receiving up-to-date knowledge and maintain offering quality service through participation in various educational and professional development programs. These programs will allow the dietitian to improve their competence, identify areas for improvement and provide support for enhancement, evaluate the dietitian’s level of participate, and identify the issues that may affect a dietitian’s practice of quality of service provided. Participation in the Quality Assurance Program is mandatory, and refusal to take part is an offense that could result in a finding of professional misconduct.

What can the Public Expect from a Dietitian?

Because the relationship between a dietitian is based on trust and respect, any abuse is unacceptable to the College of Dietitians of Ontario. The Client has a right to receive clear and complete information, the right to be involved in all decisions regarding their treatment, as well as the right to consent to or refuse any treatment. Dietitians must conduct their practice ethically and offer quality service.

Sexual Abuse by a Dietitian

The College of Dietitians of Ontario has a strong zero tolerance policy for ‘sexual abuse’ of clients by dietitians. Sexual abuse is not limited to sexual intercourse and can include: the dietitian revealing sexual information, flirting, or making sexually-charged comments or jokes. If a client has been sexually abused by a dietitian, they may file a complaint with the College of Dietitians. A client alleging sexual abuse may also apply to the College for funding to therapy and counselling for the abuse suffered.

Can a Dietitian Engage in a Relationship with a Client?

Engaging in sexual acts with a client can result in serious consequences, such as losing the ability to practice as a dietitian in Ontario. Even after a client-dietitian relationship has ceased, an individual will still be regarded as a ‘client’ for 1 year after the relationship has ended. During this 1 year period, the dietitian may not engage in a any romantic or sexual relationships with that client, even if the client is consenting.

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