Frequently Asked Questions
Yes. The College is bound to the principles of procedural fairness and the Registered Midwife/Midwives must have an opportunity to respond to the allegations made against her/them. To this end, the Midwife/Midwives will be formally advised of the complaint and will be advised of other information gathered during course of the investigation.
No. Section 54(1) of the Health Professions Act requires that a complaint must be made in writing and signed by the complainant.
Yes. Any individual can file a complaint on behalf of another person. For example, a spouse, a family member, friend or a health care provider who was involved in the client’s care can submit a complaint.
The CMA has no authority to address the following matters:
- Complaints against a person who has never been a registered member of the CMA;
- Complaints against a person whose registration with the CMA has been cancelled or suspended for more than five years;
- Complaints that are not about the conduct, skill, judgment or fitness to practice of a midwife;
- Matters of personality conflict
The CMA might require some involvement from you depending on the seriousness of the matter. As part of the process, the investigator will interview you. In certain circumstances you may be asked to be a witness at a hearing.
Once a complaint is filed, an investigation will be conducted. If the investigation reveals insufficient evidence, the complaint will be dismissed. If the investigation suggests sufficient evidence of misconduct, the Complaints Director may choose a number of options such as mediation, practice review or hearing. If the complaint goes to a formal hearing and allegations are proven, the Hearing Tribunal can impose disciplinary action(s) upon the Midwife/ Midwives. See Part 4 – Complaints Proceedings under the Health Professions Act .
If the complaint is of a sexual nature it will be referred to a formal hearing. Findings of sexual abuse or sexual misconduct may lead to the cancellation of a Midwife's practice permit.
Please refer to Part 4 of the Health Professions Act or Complaint Process . The complaint process can take several months (or years) depending on the complexity and severity of the complaint. It takes time to investigate to ensure the CMA has the information required to make an informed decision. The CMA nonetheless makes every effort to resolve complaints as quickly as possible.
As specified in the Health Professions Act, :
section 68: if the complaint is dismissed the complainant may apply for a review of the dismissal to the Hearing Director.
section 87: An investigated person or the complaints director, on behalf of the college may commence an appeal to the council of the decision of the hearing tribunal.
Outcomes of the hearing will be published when it serves matters of public safety. There will be no personal identification of parties involved.
There are many options to resolve a concern you have about your care. Often the quickest way to is to speak directly with the Registered Midwife/Midwives. Another option is to discuss your matter with the Registrar of the College of Midwives. The Registrar can help you determine if it is appropriate for you to submit a written complaint/concern.