Complaints and Investigations

Withdrawn Complaints: Can the Regulator Keep Going?

A complainant may change their mind. That does not always end the matter, because regulators act in the public interest.

  • Topic Complaints and Investigations
  • Sources checked November 10, 2026
Draft for legal review. This page has not yet been reviewed by Ryan J. Manilla.

Key Takeaways

  • In the health professions, the Registrar may withdraw a complaint at the complainant’s request before the panel acts (Code, s. 25.3).
  • The member and complainant must be notified within 14 days of a withdrawal (s. 25.3(2)).
  • The regulator can still pursue the concern through other routes, such as a registrar’s investigation (s. 75).
  • Never pressure a complainant to withdraw. That can become a serious allegation itself.

How Withdrawal Works

At any time after a complaint is received and before the panel takes action, the Registrar may, at the complainant’s request, withdraw the complaint, and must notify the complainant and the member within 14 days (Code, s. 25.3).

Why the Matter May Continue

Regulators protect the public, not the complainant’s private interest. If the information raises reasonable and probable grounds of misconduct or incompetence, the Registrar may appoint an investigator with the committee’s approval (Code, s. 75(1)).

Do Not Contact the Complainant About Withdrawal

Approaching a complainant to discuss withdrawing can look like pressure or intimidation. CMTO, for example, has a specific policy on conduct between members and complainants during an investigation.

Frequently Asked Questions

If the complaint is withdrawn, will it still appear on my record?

Withdrawn complaints are generally not public outcomes, but check your regulator’s register rules.

Can a complaint be withdrawn after referral to discipline?

Under Code s. 25.3, withdrawal is available only before the panel acts under s. 26(1).

Sources

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

  1. Health Professions Procedural Code (RHPA, Sched. 2), ss. 25.3, 75 — Checked November 10, 2026.
  2. CMTO, “File a Complaint” — Checked November 10, 2026.

Keep Learning About Your Proceeding

Read how Ontario regulatory proceedings typically unfold, or compare how other regulators handle complaints, hearings and appeals.