Health Professionals Must Report Criminal Charges: A Regulatory Risk That Cannot Be Ignored

Introduction

Health professionals must promptly disclose to their Colleges any criminal charges that have been made against them. They must not wait to complete their annual reports to disclose this information. The Regulated Health Professions Act, 1991 requires health professionals to file a report in writing with the Registrar if they have been charged with an offence. The report must be filed as soon as reasonably practical after the member received notice of a charge, bail condition or restriction.[1] A recent case from the Ontario Physicians and Surgeons Discipline Tribunal (the “Tribunal”) highlights these obligations, and the potential consequences of failing to report in a timely manner.

Ontario Physicians and Surgeons Discipline Tribunal Decision

In November 2025, the Tribunal released a decision, College of Physicians and Surgeons of Ontario v. Namazie[1], where a physician was found guilty of breaching the College’s reporting requirements for failing to report to the College that he was charged with criminal offenses in 2022. While he disclosed a 2024 charge which resulted in a guilty plea, the physician failed to report 2022 charges to the College promptly after having been charged and he failed to report the charges on his 2023 and 2024 annual reports to the College. The College received information about the 2022 charges in 2024 from the Ontario Court of Justice.

The Tribunal found that his failure to report the charges in a timely manner, as well as his failure to report them in the annual reports amounted to disgraceful, dishonourable or unprofessional conduct and that he committed professional misconduct. Even though the physician’s 2022 criminal charges were ultimately withdrawn, and there was no evidence that the physician’ conduct resulted in harm to patients, the Tribunal found that he failed in his obligation to report criminal charges to the College.

In terms of penalty, the physician’s certificate of registration was suspended for four months and he was ordered to complete an ethics and boundaries program. He was also ordered to pay costs to the College.

The Tribunal noted that health professionals are expected to be honest when answering questions on their annual report and to self report charges and convictions in a timely manner. The reason for such honesty and accountability is so that the College can determine what regulatory action to take, if any, and whether to update its public register.

The duty to report is not optional. It is essential to the College’s ability to carry out its mandate of public protection and maintaining confidence in the medical profession and its ability to self-regulate. When professionals do not comply with their obligations, public protection and public confidence in the profession suffer.[2]

Conclusion

This decision reinforces that failure to disclose criminal charges is itself serious professional misconduct. Health professionals are expected to know and comply with their reporting obligations, including what must be reported, when it must be reported, and how promptly disclosure must occur. Criminal charges must be reported to a regulatory college as soon as reasonably practicable—not deferred until annual reporting and not withheld because a charge is withdrawn or believed to be unsubstantiated.

The case also highlights the importance of this issue for criminal lawyers representing health professionals, who should ensure that regulatory reporting obligations are addressed alongside the criminal matter. Timely and accurate advice about disclosure to colleges is an essential part of risk management for regulated professionals, as regulatory consequences can arise even where criminal proceedings do not result in conviction or patient harm.

If you require assistance completing annual reports or making timely reports to your College, please reach out to us for guidance.

[1] Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, 1991, SO 1991, c. 18, section 85.6.4 (1) and (2).

[2] 2025 ONPSDT 29 (CanLII).

[3] College of Physicians and Surgeons of Ontario v. Thomas, 2024 ONPSDT 8 at para. 6.