Investigative Committees and Process

The Complaints Committee is made up of both public members and nurses. When a complaint is referred to the Committee, a panel is selected, which includes:

• At least one public member
• Two nurses

The Committee reviews all information gathered during the investigation and determines whether further steps are required. If needed, the Committee may:

• Direct the investigator to conduct additional investigation
• Compel individuals to appear before the Committee to provide evidence
• Require the production of additional documents

If concerns beyond the original complaint arise during the review, they may also be investigated.

Once the Complaints Committee completes its review, it may:

1. Dismiss the Complaint

Some complaints may be dismissed, in which case a written decision will explain the reasoning. Both the person who made the complaint and the nurse named in the complaint will receive this decision.

2. Informally Resolve the Complaint

If it is in the public interest, the Committee may resolve a complaint informally. Informal resolutions allow flexibility to address the causes of conduct, support a nurse’s learning, and reduce future risks. Informal resolutions may require the nurse to:

• Complete education or training
• Undergo treatment or monitoring
• Submit reflective essays
• Take other corrective actions tailored to the complaint
• Resign from NSCN (a nurse cannot resign while under complaint without approval)

3. Issue a Caution

A caution is issued when the Committee determines that the nurse may have breached professional standards or ethics but not in a way that constitutes:

• Professional misconduct
• Conduct unbecoming
• Incompetence or
• incapacity

A caution is not a disciplinary finding.

4. Issue a Reprimand (with Nurse's Consent)

A reprimand is a formal disciplinary measure and becomes part of the nurse's permanent record at NSCN. The Complaints Committee only has the authority to issue a reprimand if the nurse named in the complaint consents.  

5. Impose Conditions or Restrictions (with Nurse's Consent)

Conditions or restrictions are added to the nurse's licence or registration. These remain in place until completed or removed by committee order.

6. Refer to the Fitness to Practise Committee

If there are concerns that a nurse's medical, physical, mental, or emotional health could impact their ability to practice safely, the matter may be referred to the Fitness to Practise Process.

7. Refer to the Professional Conduct Committee

When the Complaints Committee believes that a complaint requires a hearing, they can refer the complaint to the Professional Conduct Committee.  For example, this may occur if the case involves serious allegations or conflicting evidence. 

Important: If the Complaints Committee imposes an informal resolution, reprimand, conditions, or restrictions, the nurse may also be required to cover certain costs related to the complaint. These might include investigation expenses or legal fees. However, costs cannot be imposed without the nurse's consent at this stage.

The Nursing Act (PDF) contains precise definitions for these terms. Below are some general descriptions:

• Professional Misconduct – Actions or behaviours that would be seen as disgraceful, dishonourable, or unprofessional
  • This includes breaching standards of practice, abuse, patient abandonment, fraud, and other violations outlined in the Nursing Act
• Conduct Unbecoming the Profession – Actions in a nurse's personal or private life that bring discredit to the profession
• Incapacity – A medical, physical, mental, or emotional condition, disorder, or addiction that prevents the nurse from practising safely and competently
• Incompetence – A lack of competence in nursing care that compromises client safety or requires remedial assistance

• A condition requires the nurse to complete specific actions, such as taking a course or providing health reports or performance assessments.
• A restriction limits what the nurse can do while practising, such as not working in an emergency room.

When the Complaints Committee decides, they issue a written decision explaining the outcome. A copy is sent to the nurse named in the complaint. A summary or full decision is provided to the person who made the complaint.

Most committee decisions remain confidential, but in some cases:

• The Committee may share the decision with other relevant parties.
• If a licensing sanction is issued, NSCN may publish certain details, such as the type of sanction and a summary of the decision.

Yes. The Complaints Committee's decision is final, and there is no appeal process within NSCN. You are free to seek legal advice about options outside of the NSCN. 

If you have any questions, email us at conduct@nscn.ca.

Cases brought to the Professional Conduct Committee may be resolved in 1 of 2 ways:

1. Settlement Agreement – The nurse and NSCN may reach a mutual resolution. A settlement must be approved by the Committee.
2. Professional Conduct Hearing – If no settlement is reached, a formal hearing takes place.

What Happens in a Professional Conduct Hearing?

A hearing is similar to a trial.

• Witnesses testify, and documents are presented
• The Committee evaluates evidence to determine whether the nurse engaged in professional misconduct, incompetence, conduct unbecoming, or there is evidence of incapacity. 

The complaint is dismissed if the Committee finds that the nurse did not engage in professional misconduct, incompetence, or conduct unbecoming the profession, or did not suffer from an incapacity.

If the Committee finds professional misconduct, conduct unbecoming the profession, incompetence, or incapacity, they may:

• Issue a reprimand (licensing sanction)
• Impose conditions or restrictions on the nurse's licence (licensing sanction)
• Require additional education to address competency gaps
• Issue a fine to the nurse
• Suspend the nurse's licence for a period set by the Committee (licensing sanction)
• Revoke the nurse's licence and registration (the Committee will specify how long a nurse must wait to reapply for their licence/registration)

Suspending and revoking licences only takes place in the most serious cases.

The Professional Conduct Committee issues a written decision explaining the outcome. A copy is sent to the nurse named in the complaint. A summary or full decision is provided to the person who made the complaint.

In most cases, the full decision or a summary of the decision must be published on the NSCN website. 

We uphold public trust by being accountable and transparent. One way we do this is by providing a clear overview of our conduct processes in a way that is easy to understand.

However, these processes can be complex, and many factors influence the best action to serve the public interest.

The information on this website is general guidance and not legal advice. If there is any inconsistency between this material and the Nursing Act, regulations, or bylaws, the legislation is the final word.

For a full understanding of the complaint investigation process, you can contact:

• A member of our team
• Your legal counsel
• Your union representative