File a Report
The following information is intended for employers, partners, or associates of a registered midwife or a facility offering privileges to midwives. If you are a member of the public and you wish to make a complaint about a midwife’s conduct, please follow the instructions for making a complaint.
Regulated health professionals, including midwives and those who work with or employ them have legal and ethical obligations to make reports to the College of Midwives of Ontario and other colleges and agencies as required under the Regulated Health Professions Act, 1991.
Filing a report ensures that the public remains protected and midwives practise with the necessary competence and skill required by the College.
What to Report
For more information on your obligations for making a mandatory report, please see the College’s Guide on Mandatory and Permissive Reporting. You can also read below for some information on what information must be reported, but note that the following does not include every obligation nor should it be considered legal advice.
A midwife is required to immediately file a report to the appropriate regulatory college if they believe that another health care professional may have sexually abused a client. Facility operators have the same obligation. For more information on what constitutes sexual abuse, see the College’s Guideline for Reporting Sexual Abuse.
Termination, Suspension, or Restriction Reports
Any person who terminates, revokes, suspends or imposes restrictions on the employment or privileges of a midwife for reasons of professional misconduct, incompetence or incapacity have a mandatory obligation to inform the College. This includes dissolving a partnership or association with a midwife, or where a midwife resigns or voluntarily restricts their practice or privileges in face of such concerns.
Midwives must self-report to the College in 30 days if they:
- Have been charged with any offence in any jurisdiction
- Have been found guilty of any offence in any jurisdiction
- Have a finding of professional negligence and/or malpractice
- Have a finding of professional misconduct, incompetence or incapacity or any similar finding, in relation to the practice of midwifery, or any other profession, in any jurisdiction
Consequences for Failing to Report
Failing to make a mandatory report is a provincial offence, whereby a midwife is liable upon conviction to a fine up to $50,000 for an individual, and up to $200,000 for a corporation.
In addition, a midwife that fails to make a mandatory report will be subject to professional conduct proceedings at the College. If discipline proceedings occur, the midwife is subject to a penalty that may involve: reprimand; imposing terms, conditions, or limitations on the certificate of registration; suspension; revocation, or a fine.
No action or proceeding can be brought against any person that files a report in good faith.
How to File a Report
You can mail or email your report including all the relevant details outlined in the Guide on Mandatory and Permissive Reporting to the College:
College of Midwives of Ontario
21 St. Clair Ave E, Suite 303
Toronto, ON M4T 1L9
You will receive written confirmation once the College receives the report. You may be contacted by the College to discuss the information.
Will I Know the Results of My Report?
Not every report that the College receives requires the College to make a formal investigation of the concern. The College will review the report, assess the level of risk the reported incidents could pose to the public and determine an appropriate regulatory response. This may include conducting an investigation into the midwife’s practise and conduct or conducting an inquiry into the midwife’s health.
The Regulated Health Professions Act, 1991 requires that details of the report and information gathered by the College remain confidential. This requirement is in the public interest for a number of reasons including that it protects client information (such as health records) and encourages full cooperation by sources and witnesses in investigations.
If a midwife is referred to the Discipline Committee, the Fitness to Practise Committee, or has restrictions placed on their practice, the information, including the allegations, will appear on our Public Register.
For assistance or more information on the reports process, email the College at email@example.com or call 416.640.2252 ext. 224 (toll-free in Ontario 1.844.416.2252).