Discipline Committee
November 26, 2021

In the matter of a hearing under the Ontario Professional Planners Institute Act, 1994 as amended, and the regulations set out thereunder; and in the matter of allegations of breaches of the Professional Code of Conduct referred to the Discipline Committee.

Under section 5.1 of Appendix II of OPPI’s Bylaw, Council is required to publish a summary of every decision of the Discipline Committee in its annual report and may publish each decision or a summary thereof in any other publication produced by the Institute. Section 5.2 specifies that in carrying out such publication, Council shall not publish the name of the member unless the member has been found guilty of professional misconduct or has requested the publication of their name. As this matter was stayed without findings being made and the Member has not requested the publication of their name, the Member’s name is not included in the summary below.

Complaint

In December 2020, OPPI’s Complaints Committee referred allegations of professional misconduct against a Member to OPPI’s Discipline Committee. The statement of allegations alleged that the Member had violated section 3.5 of the Professional Code of Practice by engaging in dishonourable or questionable conduct in their professional practice, extra-professional activities or private life that may cast doubt on their professional competence or integrity, or that may reflect adversely on the integrity of the profession.

The complaint related to the Member’s alleged conduct while they were an elected municipal councillor. The allegations raised concerns about allegedly rude and/or unprofessional conduct by the Member towards other members of OPPI and/or to colleagues while the Member was dealing with planning matters as part of their duties as a municipal councillor. The allegations also raised concerns about whether the Member took the necessary steps to avoid perceived or actual conflicts of interest while acting as a councillor, in that the Member allegedly did not make it clear that they were not providing professional planning advice or acting in the capacity of an RPP when commenting on planning matters.

Discipline Hearing

A panel of the Discipline Committee convened on November 26, 2021 for a virtual hearing of a motion brought by OPPI with the Member’s consent. The Member chose not to be represented by legal counsel and did not participate in the hearing.

The motion sought a stay of the allegations of professional misconduct against the Member, on the basis of an Undertaking, Agreement & Acknowledgement that the Member voluntarily signed on October 5, 2021 (the “Undertaking”). The terms of the Undertaking included:
 

• Permanent resignation of membership in OPPI effective December 31, 2021 and irrevocable surrender of the Member’s certificate of registration;
• Prohibition on seeking membership with OPPI at any time in the future;
• Relinquishment of the title of “Registered Professional Planner”; and
• Prohibition on implying, suggesting, or holding out as a full member or a retired member of OPPI.

In exchange for this voluntary Undertaking, OPPI sought a stay of proceedings without any finding being made on the allegations of professional misconduct, with the stay to remain in place so long as the Undertaking remains in full force and effect and the Member remains in compliance with the terms of that Undertaking.

Outcome

The motion for a stay of proceedings was granted by the Discipline Committee, subject to the Undertaking remaining in full force and effect and the Member remaining in compliance with all the terms of the Undertaking.

The Discipline Committee considered whether the public interest would be protected by the proposed resolution. It concluded that the Member’s Undertaking, coupled with OPPI’s ability to lift the stay if the Member breached the Undertaking, would protect the public interest. This resolution would also avoid the costs of a full hearing.

The Discipline Committee concluded that OPPI’s obligation to deal with complaints and discipline in a transparent manner was satisfied by the term of the Undertaking that permitted OPPI to publish a summary of the Statement of Allegations in its Annual Report and/or its other publications, and to state that the Member entered into the Undertaking while the discipline proceeding was pending.


A redacted copy of this decision can be provided upon request.