COLLEGE OF RESPIRATORY THERAPISTS OF ONTARIO IO
TITLE:
Determining Good Character Policy
NUMBER:
RG- Determining Good Character-422
DATE ORIGINALLY APPROVED:
December 1, 2011
DATE(S) REVISION APPROVED:
May 25, 2012
POLICY
Determining “Good Character”
The Registration Regulation requires that an applicant satisfies the following requirements:
53. (1) An applicant for a certificate of registration of any class must satisfy the
following requirements:
1.
The applicant must fully disclose details of any criminal offence of which the
applicant has been found guilty, including any offence under the Controlled
Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada).
2.
The applicant must fully disclose details of every professional misconduct,
incompetence, incapacity or other similar proceeding that he or she is the
subject of and that relates to his or her registration or licensure in Ontario in
another profession or in another jurisdiction in respiratory therapy or another
profession.
3.
The applicant must fully disclose details of every finding of professional
misconduct, incompetence, incapacity or other similar finding that he or she
previously has been the subject of while registered or licensed in Ontario in
another profession or in another jurisdiction in respiratory therapy or another
profession.
4.
The applicant’s past and present conduct afford reasonable grounds for belief
that the applicant,
i.
is mentally competent to practise respiratory therapy,
ii.
will practise respiratory therapy with decency, integrity and honesty and in
accordance with the law, and
iii. will display an appropriately professional attitude. (O. Reg 596/94 s. 53)
Collectively, this is known as the “good character” requirement. The purpose of the good
character requirement is to protect the public through the maintenance of high ethical
standards and ensuring that an applicant for registration meets those standards.
Applicants for registration are asked to complete and sign a self-declaration to indicate that
s/he meets the good character requirement. If the applicant declares any offences, findings
of professional misconduct, incompetence or incapacity and if the Registrar, based on the
nature of the offence, findings of professional misconduct, incompetence or incapacity, is of
the belief that the applicant does not meet the good character requirement, the Registrar
will refer the applicant to the Registration Committee for consideration.
Determining Good Character Policy
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The good character requirement in the regulation is exemptible, meaning that if the person
does not meet the requirement the College has some discretion in determining if the person
should be registered, or registered with restrictions.
This policy outlines some of the considerations in determining if an applicant has
demonstrated conduct that would make them unsuitable to practice.
CONSIDERATIONS
1. Nature of the misconduct.
The applicant:
a) Has been found guilty of a criminal offence or an offence under the Controlled Drugs
and Substances Act (Canada) or the Food and Drugs Act (Canada).
b) Is the subject of a professional misconduct, incompetence, incapacity or other
similar proceeding or been the subject of a finding of professional misconduct,
incompetence, incapacity or other similar finding while registered or licensed in
Ontario in another profession or in another jurisdiction in respiratory therapy or
another profession.
c) Had their employment terminated or suspended for alleged cause, or was otherwise
disciplined by an employer.
d) Was denied a licence/certificate of registration or had a licence/certificate of
registration revoked for failure to meet good character requirements.
2. Does the misconduct reflect the suitability of the applicant to be a member of
the College?
Elements that can be taken into consideration include:
 Degree of dishonesty or breach of trust
 Motivation
 Duration
 Isolated or repeated incident
 Concealment
 Whether the offence was one in which the member was impaired or intoxicated
 Is the matter an issue of capacity
3. Does the applicant appear remorseful?
 Applicant explanation
 External verification
4. What has the applicant done to address the misconduct?
 Treatment
 Education
 Work with no similar incidents
5. Subsequent conduct

Absence of evidence of subsequent wrongdoing

Observations and references of those working in direct contact (especially those who
are not friends and have a duty to be candid)
Determining Good Character Policy
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INFORMATION REQUIRED

Detailed information regarding the misconduct

Explanation of applicant

Information from other sources:

o
directly from employer(s)
o
directly from regulator (s)
o
current police check
o
investigations
Details of any actions taken to address the misconduct/incident
OPTIONS

Register

Register with terms, conditions and limitations (for example, practice under
supervision with frequent employer reports; anger management; professional ethics
or boundaries course; mentoring)

Do not register
ONGOING REQUIREMENTS OF REGISTRATION
Once issued a certificate of registration, Members have an obligation to report within 30
days any findings of misconduct, incompetence, incapacity, disciplinary actions, malpractice
or findings of guilt for a number of offences in accordance with By-laws 31.07 and 31.08.
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Determining Good Character Policy
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