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Discipline Committee
January 5, 2024 (decision dated february 7, 2024*)

In the matter of a hearing under the Ontario Professional Planners Institute Act, 1994, S.O. 1994, c. Pr44, as amended, and the regulations thereunder; and in the matter of allegations of breaches of the Professional Code of Practice referred to the Discipline Committee of the Ontario Professional Planners Institute regarding the Member. 

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.
 
Procedural Background

In February 2021, the OPPI Complaints Committee received a complaint against the Member alleging that, among other things, he had acted in a conflict of interest contrary to OPPI’s Professional Code of Practice (the “Code”). The Complaints Committee directed that the matter be referred to the Discipline Committee pursuant to a Statement of Allegations dated January 31, 2022, which alleged contraventions by the Member of sections 2.1, 2.12, and 3.5 of the Code. 

On January 5, 2024, the matter came before a Panel of the Discipline Committee on an uncontested basis, the OPPI and the Member having reached a resolution pursuant to an Agreed Statement of Facts (“ASF”) dated November 7, 2023. The Member admitted that by engaging in the conduct outlined in the ASF, he violated sections 2.12 and 3.5 of the Code and was thereby guilty of professional misconduct. The OPPI did not pursue the charge under section 2.1. 
 
The Admitted Facts

In January 2019, the Member and his land use planning consulting firm were retained by a manufacturing company (the “Company”) to assist in obtaining the relevant approvals to facilitate the development of a plant in a municipality (the “City”). The City and the Company had entered into an agreement to work together to locate the plant within City limits. In February 2019, the City indicated that it was planning to pursue annexation of lands from a neighbouring municipality in order to increase its supply of properly-zoned lands for the Company’s plant. The City retained the Member and his firm to provide support and assistance related to the annexation proposal. 

Between February and November 2019, the Member served as Lead Project Manager for the Company’s proposed plant while he was also engaged by the City in relation to the annexation proposal. The Member never obtained disclosure and a written consent from the City in respect of his potential conflict of interest by virtue of his ongoing retainer by the Company.

Outcome and Penalty
The OPPI and the Member put forward a joint submission on penalty, proposing a reprimand, a suspension, rehabilitative measures, and publication of the Panel’s decision. The Panel accepted  the terms of the joint submission (as varied on agreement by the parties). The Panel’s full Order dated February 7, 2024 (amended March 6, 2024) is reproduced below.
 
Order

ON REVIEWING the documents and materials submitted by counsel for the Institute, including the Undertaking and Acknowledgement of the Member, dated November 6, 2023, the Agreed Statement of Facts, dated November 7, 2023, the Joint Submission on Penalty, dated November 7, 2023, and the Waiver of Appeal & Review of the Member, dated January 5, 2024, and on hearing the oral evidence of the Member, and on hearing the submissions of counsel for the Institute and counsel for the Member,

THE DISCIPLINE COMMITTEE HEREBY ORDERS THAT:
1.    The Member is found to have contravened sections 2.12 and 3.5 of the Professional Code of Practice and is guilty of professional misconduct.
2.    The Member is hereby reprimanded for his professional misconduct.
3.    The Member shall be suspended from membership in the Institute for a period of one (1) month. The first two (2) weeks of the suspension shall be served beginning on the date of issuance of this Order and shall run uninterrupted for the full two (2) week period. The remaining two (2) week period of the suspension shall be postponed and shall be remitted in full (i.e., not served) if, on or before the three (3) month anniversary of the issuance of this Order, the Member provides evidence, satisfactory to the Registrar, of the successful completion of the specified rehabilitative measures outlined in paragraph 4 of this Order. If the Member fails to successfully complete those specified rehabilitative measures within that timeframe, the Member shall serve the remaining two (2) weeks of the suspension, which shall be served immediately following the three (3) month anniversary of the issuance of this Order. For greater clarity, the specified rehabilitative measures imposed under paragraph 4 of this Order will be binding on the Member regardless of the length of suspension served and the Member may not elect to serve the suspension in place of performing those specified rehabilitative measures. If the Member fails to comply with the specified rehabilitative measures, it will be considered a breach of this Order and may be the subject of a complaint, investigation, and/or discipline proceeding.
4.    The Member is directed to successfully complete the following specific rehabilitative measures:
a. Within three (3) months of the issuance of this Order, the Member shall, at his own expense, meet with a mentor who is a senior member of the planning profession in Ontario and who has been pre-approved by the Registrar (the “Mentor”). The meeting with the Mentor may be in person or virtual and shall last a minimum of one (1) hour. In advance of the meeting, the Member shall provide the Mentor with a copy of the Agreed Statement of Facts and this Decision and Order. The meeting with the Mentor shall be in accordance with the following terms:
i. The subject matter of the meeting shall include a discussion on:
  • the applicable provisions of the Professional Code of Practice and the Standards of Practice relating to conflicts of interest;
  • the acts or omissions for which the Member was found to have committed professional misconduct and the Member’s reflections on the factors contributing to that conduct;
  • the potential consequences of the misconduct to the Member’s clients, colleagues, the profession, the public, and himself; and
  • strategies for preventing the misconduct from recurring.
ii. The Mentor shall provide a letter to the Registrar within two (2) weeks of the meeting to confirm the Member’s participation in the meeting, the topics discussed, and the Member’s progress over the course of the meeting.
5.    The Discipline Committee’s findings and this Order shall be published, in detail or in summary, but with the name of the Member redacted throughout, online and/or in print, including, but not limited to, in the Institute’s annual report, on the Institute’s website, and in the Institute’s publication Y Magazine. The summary shall consist of the preamble to and terms of the Order, verbatim. The Committee hereby directs that the summary be published in an email bulletin, on the Institute’s website, and in Y Magazine, accompanied by a hyperlink to, or instructions on how to obtain, the complete Written Reasons, including attachments, redacted to remove the name of the Member’s firm in Attachment “A”, and the entirety of Schedule “A” to Attachment “C.

To obtain a redacted copy of the Panel’s written reasons, please contact registrar@ontarioplanners.ca.

*amended March 6, 2024 under s. 21.1 of the Statutory Powers Procedure Act, R.S.O., 1990, c. S.22.