CSAP Society (“the society”) has a legislated mandate to regulate Contaminated Sites Approved Professionals (herein referred to as members) and the authority to exact accountability for matters relating to professional competence or conduct.
Before lodging a formal complaint, consider if a problem can be resolved by speaking directly with the member. Misunderstandings can sometimes arise from a lack of communication and the problem can often be solved simply by discussing the concern.
Submitting a Complaint
A complaint can be filed against any member of the society. Any person may make a complaint in writing to the Executive Director alleging that a member conducted CSAP work in an incompetent manner or was guilty of professional misconduct, conduct unbecoming a member, or conduct contrary to the Rules in the course of carrying out CSAP work. Complaints must be made in a form adopted by the Board of Directors (“the Board”) and provide all relevant details regarding the breach. They must be filed within six months of becoming aware of or knowing the grounds for the complaint.
All parties involved in the complaint must comply with procedures prescribed by the CSAP Society Rules. A member of the Discipline Committee or the Board who makes a complaint must not participate in activities outside of the investigation. Additionally, a member who is the subject of a complaint may be sanctioned if a breach is determined.
If you wish to make a complaint, here is the CSAP Complaint Form and the Executive Director can be reached via email here.
Investigator Duties on Receiving a Complaint
Upon receiving a complaint, the Executive Director must refer it to an investigator. The investigator must verify facts and determine if the evidence supports the claim. Upon completion of the investigation, and determining that the complaint satisfies all conditions of the Bylaws, he or she must forward the report to the Discipline Committee. If the complaint is deemed erroneous, the investigator must give notice of the determination to the member.
Certain exclusions apply if the Performance Assessment Committee makes a complaint after applicable appeal periods have expired and if the complaint pertains to alleged misconduct arising in the course of preparing a submission which is the subject of a performance assessment. If so, the Executive Director must refer the complaint and Performance Assessment Committee report to the Discipline Committee.
Member’s Duty to Cooperate
A member who is the subject of a complaint must, with respect to an investigation, truthfully and completely answer questions; produce files, records or other evidence in the member’s possession or control; and provide explanations on request.
Discipline Hearing
The Discipline Committee must attempt to schedule a discipline hearing within 15 business days of receiving an investigator’s referral or a complaint from the Executive Director. At the hearing, the Discipline Committee must provide the member with an opportunity to be heard. A complainant whose complaint has the aforementioned exclusions (see Investigator Duties on Receiving a Complaint) and the subject member may make submissions to the Discipline Committee.
The Discipline Committee may request the investigator to attend the discipline hearing and answer questions from the committee, the subject member, and the complainant. After conducting a discipline hearing, the Discipline Committee must prepare a written report of its findings, issue its decision with reasons and possible sanctions, and provide a copy to the subject member. If the member fails to cooperate, the Discipline Committee may suspend the member.
Appeals of Discipline Committee Decisions
The subject member may appeal a decision of the Discipline Committee to the Board. The subject member may also file an appeal of a report and suspension with the Executive Director within 15 business days of receiving the report of notification of suspension.
On receiving an appeal as stated above, the Executive Director must provide the Board with a copy of the appeal. A member who has filed an appeal has the right to give evidence and make submissions to the Board. The chairperson of the Disciplinary Committee must present a written report of the committee to the Board in the presence of the appellant and must respond to any questions by the complainant, the appellant, and the Board.
The complainant and the appellant may present evidence and make submissions to the Board. The Board must hear an appeal and either confirm the committee’s decision in writing with reasons, allow the member’s appeal, or send the matter back to the Discipline Committee for reconsideration. The Board may appoint a committee to hear and make a final decision respecting an appeal under this section.
Sanctions
The Discipline Committee or Board may sanction a member in a number of ways.
Notification to Parent Organization and Ministry Director
The chair of the Discipline Committee may, at the latest of the expiry of the appeal period or an appeal decision, give notice of a Discipline Committee decision or the Board decision to impose a suspension action to any other person or body if he or she believes it is in the best interests of the society and the public. Also, the chair of the Discipline Committee must give notice of the decisions described to the Director, Site Remediation Program, Ministry of Environment and Parks.
