As the regulatory College for optometrists, it’s our job to ensure the care you receive is safe and that your optometrist acts in a professional manner.
If you have concerns about your optometrist’s conduct or the care you received, speak to your optometrist first to see if you can resolve the issue together. If you are not comfortable speaking with the optometrist, or if you are unable to resolve the issue, you may wish to file a formal complaint with the College.
If you have any questions about the complaints process or how to file a complaint, please contact us:
Mail: 65 St. Clair Avenue East, Suite 900, Toronto, ON M4T 2Y3
Telephone: 416 479 9295
Toll Free: 1 833 402 4819
Fax: 1 647 577 4271
Email: complaints@collegeoptom.on.ca
How to Make Your Complaint
The College must receive your formal complaint in writing or in recorded form (such as audio or video).
To submit your complaint in writing, complete the complaint form in either English or French.
If you record your complaint, submit it by email to complaints@collegeopItom.on.ca.
If you need help submitting your complaint, the College can provide accommodation at this stage and all through the complaints process.
If you wish to make a complaint against an optometrist, please complete and submit a Complaint Form here:
What happens after I submit my complaint?
The College will write to you and explain the process. We may request information, such as reports from other health care providers involved in your care.
The College will notify the optometrist of the complaint within 14 days and send a copy of your complaint. The optometrist will have a chance to respond.
You will receive a copy of this response so that you can hear the optometrist’s side of the story. You will have another opportunity to comment at this point.
Complaints of a Sexual Nature
The College has a zero tolerance policy when it comes to sexual abuse of patients. If you have experienced sexual abuse by an optometrist, contact the College’s Investigations & Resolutions department. Sexual abuse includes any physical or verbal behaviour of an inappropriate sexual nature.
The College also has a Patient Relations Program that provides funding for therapy and counselling for patients who allege that they have experienced sexual abuse. The money is paid directly to the therapist.
Stages of the Complaints Process
Alternative Dispute Resolution
In some cases, the College can offer a way to quickly resolve a minor complaint without having to go through a formal investigation. This is called Alternative Dispute Resolution (ADR). A mediator works with both the complainant and the optometrist to resolve the problem in a way that suits both parties. The investigation process is put on hold.
Both the complainant and the optometrist must agree to take part in ADR. Either party can withdraw from the process at any time.
ADR is confidential and ‘without prejudice’. This means that the discussion is private. If a decision is made, it does not necessarily mean the optometrist admits they were at fault.
If the parties reach an agreement, it must be approved by the College Registrar. Then the matter is considered resolved.
If the complainant and the optometrist cannot reach an agreement, the formal investigation process resumes.
Learn more about the College’s ADR process.
The Investigaton and Review Process
Who reviews and makes decisions on complaints?
The College gathers information through the investigation process. This information goes to a panel of the Inquiries, Complaints and Reports Committee (ICRC). The panel is made up of optometrists and members of the public appointed by the Ontario government.
Do formal complaints against an optometrist remain confidential?
No. The College has a duty to ensure that Ontarians have access to information they need to make informed decisions about their health care. This is part of our public protection mandate. The College publishes the outcomes of investigations when the ICRC finds that the issues raised pose a moderate to high risk to the public. This applies to complaints received on or after January 1, 2017, and includes outcomes such as verbal cautions, specified continuing education and remedial programs, and undertakings.
How does the College deal with anonymous complaints?
The ICRC does not investigate anonymous complaints. However, the Registrar may initiate an investigation, with the ICRC’s approval. This can happen if the information gives the Registrar reasonable and probable grounds to believe that the optometrist has committed professional misconduct or is incompetent.
How does the ICRC Panel make decisions?
The College takes a risk-based approach to its investigation process. That means the ICRC panel evaluates the degree of risk that the issues raised in the complaint pose to patient safety and to the public.
The panel uses a Risk Assessment Framework to guide its decision-making and explain the level of risk in the written decision. This decision goes to both the optometrist and the patient.
Learn more about the ICRC’s Risk Assessment Framework.
Does the ICRC consider any previous complaints against an optometrist?
The ICRC is required to consider all previous complaints, reports and decisions involving the optometrist that are available. This information is not disclosed to the complainant, but the optometrist is given an opportunity to comment.
What types of decisions can the ICRC make?
In its decision, the ICRC panel can do one or more of the following:
- Give the optometrist advice or recommend ways to improve their practice.
- Issue the optometrist a verbal caution. The optometrist must appear before the ICRC Panel to hear this.
- Require the optometrist to take additional education or training.
- Restrict how the optometrist can practise.
- Refer the issue to the Discipline Committee for a formal hearing. This happens if there are serious issues of incompetence or professional misconduct.
- Refer the optometrist to another panel of the ICRC for health inquiries.
- Refer the issue to the Fitness to Practise Committee if health concerns are identified.
- Choose to take no action. This happens if the information from the investigation does not support the complainant’s allegations, or if the panel finds that the optometrist’s conduct was appropriate.
How long does the complaints process take?
The Inquiries, Complaints and Reports Committee (ICRC) tries to decide on a complaint within 150 days of its receipt by the College.
The ICRC panel may be able to come to a decision at its first meeting. If it needs further information from the complainant or from the optometrist, it may have to meet more than once.
Complicated cases may require more time to thoroughly investigate the concerns raised and resolve the complaint in a way that best protects the public interest.
The complainant and the optometrist will be notified of any delay, the reasons for the delay, and the expected date of the panel’s decision.
Should that delay exceed 210 days, the College is required to notify the Health Professions Appeal and Review Board (HPARB) and explain why it is taking so long. HPARB can then:
- direct the panel of the ICRC to continue to investigate the complaint or
- make recommendations to the ICRC or
- start its own investigation into the matter.
Will I receive a copy of the ICRC’s decision?
The complainant and the optometrist both receive a copy of the final decision and the reasons for the decision.
In some cases, there will be no reasons for the decision. This happens when the case is referred to the Discipline Committee or to a panel of the ICRC dealing with health concerns.
Can the ICRC order thee optometrist to compensate me or pay back my fees?
No. The ICRC cannot order an optometrist to pay damages or reimburse the complainant. Only provincial courts can do this.
Can information gathered by the College by used in court?
No. Section 36(3) of the Regulated Health Professions Act, 1991 says no report or decision of a proceeding under the Act is admissible as evidence in a civil proceeding.
Does the College reimburse the parties for their costs while dealing with a complaint?
No. The College assumes the costs of processing and disposing of the complaint, but it does not reimburse the complainant or the optometrist for costs they incur, such as lawyers.
What if I do not agree with the ICRC’s decision?
You can request a review by the Health Professions Appeal and Review Board (HPARB), an independent government agency. This is available to either the complainant or the optometrist, if they believe that the ICRC panel’s investigation was inadequate or the decision was unreasonable.
Exception: An ICRC decision to refer the matter to the Discipline Committee or the Fitness to Practice Committee cannot be appealed to HPARB