Conclusions and recourse

Once the inquiry is completed, the syndic can decide to:

not file a complaint with the disciplinary council;
transfer the file to the professional inspection committee if it finds that the nature of the complaint calls into question professional skills rather than ethical behaviour;
hold a mediation session in order to reach an agreement between the person requesting the inquiry and the chiropractor;
file a complaint with the disciplinary council.

If no complaint is filed with the disciplinary council:

The syndic can decide that there was no ethical misconduct, and close the file.
The syndic can establish, along with the chiropractor, non-disciplinary measures to correct or improve the situation, if he or she finds that violations were committed.
The syndic can also make recommendations to the professional or issue warnings. The professional can voluntarily undergo refresher training, limit his or her practice, correct certain problems or agree to have his or her work supervised.

If a complaint is filed with the disciplinary council:

The disciplinary council is the body that receives complaints filed against chiropractors suspected of violating the Professional Code, the Code of ethics of chiropractors, the Chiropractic Act or any other regulation governing the profession.

When it finds a chiropractor guilty of an alleged offence, the disciplinary council is responsible for imposing penalties that can range from being reprimanded to being temporarily or permanently struck off the roll, having his or her permit revoked, having his or her right to practise restricted or suspended, or being fined.

The syndic will provide you and the chiropractor involved with the written decision. If you are not satisfied with the syndic’s decision not to file a complaint, you have 30 days following the decision to ask for the complaint review committee’s opinion. Moreover, when the complaint does not involve all the aspects surrounding the request for an inquiry, you can ask the review committee for an opinion on the elements not specified in the complaint.

Recourse – Complaint review committee

You can ask for a review of the decision

If the syndic decides not to file a complaint against your chiropractor and you disagree with the decision, you can request that the decision be reviewed by the complaint review committee of the Ordre des chiropraticiens du Québec (OCQ).

You have 30 days following receipt of the syndic’s decision to file a request for a review. Your request will be considered by the complaint review committee, which will then issue its opinion on the syndic’s decision.

The complaint review committee is made up of at least three people selected by the board of directors, which appoints a chair from among its members. At least one of the people selected is chosen among the directors appointed by the Office des professions.

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On receiving a request for an opinion, the review committee must inform the person who requested an inquiry of his right to submit observations at any time before the opinion is given.

Within 90 days after the date of receipt of the request for an opinion, the review committee shall give its opinion in writing after examining the record and the documents that a syndic is required to send the review committee, and after hearing the syndic and the person who requested an inquiry, if it decides to hear them.

1994, c. 40, s. 110; 2008, c. 11, s. 93.

123.5. In its opinion, the review committee must either

find that there is no cause to lodge a complaint with the disciplinary council;
suggest that the syndic complete the inquiry and subsequently render a new decision as to whether or not to lodge a complaint;
find that there is cause to lodge a complaint with the disciplinary council and suggest that a syndic ad hoc be appointed who, after an inquiry, if he decides to hold one, will decide whether or not to lodge a complaint.

The review committee may also suggest that a syndic refer the record to the professional inspection committee.