Complaint Decisions and Appeals

In accordance with the MLT Act, the Investigation committee may:

• Dismiss the complaint
• Attempt to resolve the complaint informally
• Counsel or caution 
• Reprimand with their consent
• Require the CLXT, MLA or MLT to undergo treatment or re-education, with their consent
• Refer the matter to a hearing committee (if a hearing is required, the information provided may need to be made public)
• The Committee will file its decision and rational at the office of the College and provide both parties with a copy

Once a decision is reached, both the complainant and the CLXT, MLA or MLT will be notified in writing with a copy of the decision.

Hearing Committee

If the matter is referred to a hearing committee, the Board will form a committee that consist of at least three members of the Board, one of which must be a public representative.  A notice of the hearing will be provided to the complainant, the CLXT, MLA or MLT, and will be made publicly available.  The Hearing Committee will conduct a hearing in accordance with the MLT Act, 2000.  In a hearing, the CLXT, MLA or MLT is entitled to all the rights of natural justice, including:

• The right to be present and to be represented by legal counsel
• To know all the evidence 
• To present evidence
• To cross-examine witnesses

Upon hearing the evidence, the Hearing Committee will determine if the CLXT, MLA or MLT is guilty of professional misconduct, conduct unbecoming or professional incompetence or incapacity.  If the Hearing Committee determines that the CLXT, MLA or MLT is guilty, they may decide to:

• Revoke registration
• Suspend the registration for a specified period
• Impose conditions, limitations, or restrictions to the registration
• Require the CLXT, MLA or MLT to undergo treatment or re-education
• Reprimand 
• Require payment of a fine to the College
• Impose other dispositions it considers appropriate

Should the Hearing Committee find the member not guilty, the charges may be dismissed.

The  Hearing Committee will file its decision and rational with the College and provides  the complainant, the CLXT, MLA or MLT  and other persons considered appropriate, with a copy.

Appeals

The CLXT, MLA or MLT may appeal on any point of law from the finding of the hearing committee to the NS Court of Appeal. The Court may, in its discretion, grant a stay of any order made, pending the Court's decision.