The intersection of criminal law and professional regulation is far more common than one would think. If you have been charged with a criminal offence in Ontario and maintain a professional license, you are not alone, nor do you need to navigate these complex issues without support and legal advice. For professionals in Ontario – whether you are a physician, nurse, teacher, chartered professional accountant, or lawyer – a criminal charge isn’t just a “police matter.” It is a regulatory event that triggers immediate legal obligations.
In Ontario, failing to report a charge is often treated as a more serious breach of professional ethics or misconduct than the underlying charge itself. Here is a practical guide on how to navigate a criminal charge and your career.
1. Duty to Report
The most common mistake professionals make is waiting for a “finding of guilt” before notifying their College. In Ontario, almost all regulatory bodies require you to report the commencement of a charge, not just a conviction. For example:
- Health Professionals (CPSO, CNO, OCP): Under the Regulated Health Professions Act (RHPA), you must report criminal charges, bail conditions, and even variations to those conditions “as soon as reasonably practicable, which is often interpreted as within 30 days.
- Teachers (OCT): You must file a written report if you have been charged with an offence under the Criminal Code or the Controlled Drugs and Substances Act.
2. What to Disclose
It is not enough to send a vague email. Most Ontario Colleges have specific self-reporting forms that require:
- The nature and description of the charge.
- The date the charge was laid.
- The name and location of the court.
- Bail Conditions: This is critical. If your bail conditions prevent you from being near certain people or places, the College needs to know if this impacts your ability to safely practice.
3. Updates and Outcome
It’s important to note that a criminal charge is not a conviction, and you are innocent until proven guilty. There is a criminal court process that is followed from the date of your charge to any resolution. You have a duty to keep the College informed of any updates regarding your charges. If your charges are withdrawn, or if your bail conditions change, you have an ongoing reporting obligation to the College. You also have a duty to report the final outcome of your charge to the College – whether that be a withdrawal, discharge, or conviction. The outcome of your charge will determine next steps with the College and any disciplinary steps .
Immediate Practical Tips
- Do Not Post on Social Media: Regulators and police both monitor digital footprints.
- Review Your By-Laws Immediately: Determine your specific reporting deadline (usually 30 days).
- Secure Your Bail Documents: You will need the exact wording of your “Undertaking” or “Release Order” for your self-report.
- Seek Legal Advice: You need a lawyer who has vast knowledge in the intersectionality between criminal law and professional conduct.
If you maintain a professional license in Ontario and have been charged with a criminal offence, we recommend you seek legal advice. Greenwood Law has expertise in these types of matters and can help. Get in touch for a consultation.
