Psychologist Complaints, Investigations and Discipline in Ontario

When the College of Psychologists and Behaviour Analysts Contacts You

This page is for registrants of CPBAO whose assessments, treatment or conduct have been questioned. Psychologists who write reports for courts, insurers, employers or schools are especially likely to face complaints, often from the person who was assessed and disagrees with the conclusions.

Illustrative example, not an actual CPBAO letter

“The College has received a complaint from a parent regarding the parenting capacity assessment you prepared for family court proceedings. The complainant alleges that the assessment was biased and that information was obtained without consent. Please provide your complete file and your response.”

Who Investigates and Who Decides

Regulator: The College of Psychologists and Behaviour Analysts of Ontario (formerly the College of Psychologists of Ontario), continued, under the Psychology and Applied Behaviour Analysis Act, 2021. Its complaint, investigation and discipline procedures come from the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, 1991 (“the Code”), which applies to every regulated health profession in Ontario. The titles “psychologist,” “psychological associate” and “behaviour analyst” are restricted to members (s. 8).
Rules that apply: The Code, the Act and its professional misconduct regulation, and the College’s Standards of Professional Conduct, 2024.
Who investigates: College investigators. In a Registrar’s investigation you must co-operate fully (Code, s. 76(3.1)).
Who decides at the investigation stage: A panel of the Inquiries, Complaints and Reports Committee (ICRC) (Code, s. 26). The College also offers a facilitated resolution process for some concerns.
Who holds hearings: The CPBAO Discipline Committee, which also hears reinstatement applications.

Key timelines in the Code

The Registrar must notify you within 14 days of receiving a complaint or report (Code, s. 25(6)).
You may make written submissions to the Inquiries, Complaints and Reports Committee within 30 days of receiving that notice. The committee can shorten that time if it believes, on reasonable and probable grounds, that your conduct exposes or is likely to expose clients to harm or injury (Code, s. 25.2).
Complaints are expected to be disposed of within 150 days. If that is missed, the Registrar must give the complainant a new expected date no more than 60 days later (Code, s. 28).
With both your and the complainant’s consent, the Registrar can refer a complaint to alternative dispute resolution, but not if it involves an allegation of sexual abuse or has already been referred to discipline (Code, s. 25.1).

Common Issues in Psychologist Investigations

Assessments and opinions

Custody, parenting capacity, insurance, disability and fitness-for-duty assessments, where the issues are often objectivity, the basis for opinions, and staying within the question asked. The Standards address opinions and objectivity directly (Standards 11 and 12).

Consent and confidentiality

Who consented to an assessment or to treatment of a child, what third parties were told, and limits on confidentiality (Standards 7 and 8).

Records

Raw test data, notes and reports that do not support conclusions, and access requests (Standard 9).

Boundaries and impairment

Dual relationships, harassment or sexually inappropriate conduct (Standard 14), and practising while impaired (Standard 13). Sexual abuse findings carry mandatory penalties (Code, s. 51(5)).

Supervision and competence

Supervising psychological associates, students and support staff, and practising in an area or with a client group you are not authorized for (Standards 4 and 5).

What Can Happen Next

Complaint or Registrar’s investigation

After considering the investigation and your submissions, a panel of the Inquiries, Complaints and Reports Committee (ICRC) may take no further action; give advice or recommendations; require a specified continuing education or remediation program (SCERP); require you to appear to be cautioned; refer specified allegations of professional misconduct or incompetence to the Discipline Committee; or refer you for incapacity proceedings (Code, s. 26). Matters are also sometimes resolved through an undertaking, such as an agreement to restrict or monitor your practice. If the panel considers a complaint frivolous, vexatious, made in bad faith, moot or an abuse of process, it must give notice and allow 30 days for written submissions before declining to act (s. 26(4)–(5)).
Interim order

If the committee believes your conduct exposes or is likely to expose clients to harm or injury, it can suspend your certificate or impose terms, conditions or limitations while the matter continues (Code, s. 25.4(1)). You must normally receive notice and at least 14 days to make written submissions first, unless the risk is urgent (s. 25.4(6)–(7)). The order lasts until it is varied or the matter is finally resolved (s. 25.4(4)).
Discipline hearing

A panel of the Discipline Committee hears evidence and decides whether professional misconduct or incompetence is proven (Code, ss. 51, 52). If misconduct is found, it may revoke or suspend your certificate, impose terms, conditions and limitations, order a reprimand, or order a fine of up to $35,000 (s. 51(2)). Findings of sexual abuse carry mandatory orders, including revocation for the conduct listed in s. 51(5).
Review or appeal

HPARB review: you or the complainant may ask the Health Professions Appeal and Review Board to review an ICRC decision on a complaint, except a referral to discipline or for incapacity proceedings (Code, s. 29(2)). The request must be made within 30 days after receiving the notice of the right to request a review that comes with the decision (s. 29(3)), and HPARB cannot extend that time by more than 60 days (s. 29(4)).

Divisional Court: discipline and fitness to practise decisions can be appealed on questions of law, fact or both (Code, s. 70). Orders based on incompetence, incapacity or certain sexual abuse findings, and orders in matters where an interim order was in place, take effect immediately despite an appeal (ss. 25.4(5), 71, 71.1).

Checklist: Responding to a CPBAO Complaint

Documents to gather

The College’s letter and the date you received it
Your complete file: referral or retainer letter, consents, test protocols and scoring, notes, and drafts and final reports
Collateral information you relied on, and records of who provided it
Correspondence with the client, lawyers, insurers or the court
Invoices and fee agreements
Supervision records, if a supervisee was involved

Details to check in the notice

Complaint or report?
Your deadline for written submissions
Whether facilitated resolution is being offered
Any court order, publication restriction or confidentiality obligation that affects what you can disclose

Rules and resources to consult

Health Professions Procedural Code, ss. 25–29, 51–52, 70–71 and 75–76
Psychology and Applied Behaviour Analysis Act, 2021 and its professional misconduct regulation
CPBAO Standards of Professional Conduct, 2024
CPBAO Discipline Committee information and hearing guide
Your professional liability insurer

If the complaint arises from litigation, the complainant may be trying to use the College process in that dispute. Respond to the College on the professional issues, and keep the two proceedings separate.

Frequently Asked Questions

I wrote a court-ordered assessment. Can the person I assessed still complain?

Yes. A court process does not prevent a complaint to the College, and the committee will look at whether the assessment met professional standards. It does not decide the court case or re-weigh the evidence in it.

What is the difference between a complaint and a report?

A complaint is filed by someone, usually a patient or family member, who becomes a party and receives the decision. A report is information the Registrar acts on by appointing investigators (Code, s. 75), for example after a mandatory report from an employer or another professional. The same committee decides both, but HPARB review rights under s. 29 are tied to complaints.

Can I keep practising during the investigation?

Usually, yes. Your certificate is unaffected unless the committee makes an interim order (Code, s. 25.4) or you agree to an undertaking that limits your practice.

Will this appear on the public register?

The Code requires the public register to note cautions, SCERPs, acknowledgements and undertakings, and allegations referred to discipline (s. 23(2)). College by-laws can add more. Check what will be posted before agreeing to any resolution.

Sources

Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.

Regulated Health Professions Act, 1991, S.O. 1991, c. 18, Schedule 2 (Health Professions Procedural Code), ss. 23, 25–29, 51–52, 70–71, 75–76, 85.5 — e-Laws consolidation period beginning January 1, 2026; checked November 10, 2026.
Psychology and Applied Behaviour Analysis Act, 2021, S.O. 2021, c. 27, Sched. 4, ss. 3–5, 8 — e-Laws consolidation period beginning January 1, 2026; checked November 10, 2026.
CPBAO, “Complaints & Reports to the College” — Checked November 10, 2026.
CPBAO, “Information on Discipline Committee Hearings” — Checked November 10, 2026.
CPBAO, “Standards of Professional Conduct” (2024) — Section headings checked November 10, 2026.
Health Professions Appeal and Review Board (role; Consolidated Rules of Practice and Procedure in effect May 4, 2026) — Checked November 10, 2026.