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B-4 BY-LAW 24 – DISCIPLINE - Appendix A

Appendix A

Internal Union Discipline - where a union member is disciplined, a member must bring an application to the Labour Relations Board for a stay of the penalty pending the outcome of the Labour Board proceeding. See, for example, Bremsak v. PIPSC , 2008 PSLRB 49; Johnson v. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 , [1991] Alta. L.R.B.R. 421.

Workplace Discipline - when a unionized employee is suspended or dismissed and grieves the decision to impose discipline, there is no stay of the discipline pending the outcome of the grievance procedure.

Lawyers - when a lawyer is disciplined and appeals, the lawyer must seek an order staying the decision pending the appeal. See, for example, LSUC v. Hicks , 2006 ONLSAP 1 at para. 9; LUSC v. Landry , 2010 ONLSAP 12; LSUC v. Gray, [1995] L.S.D.D. No. 220.

Pharmacists – there is no automatic stay of a disciplinary penalty pending appeal. See, for example, Fadelle v. Nova Scotia College of Pharmacists , 2012 NSCA 61; Occhipinti et al. v. Discipline Committee of College of Pharmacy , [1970] 1 O.R. 741 (C.A.).

Physicians – there is no automatic stay of a disciplinary penalty pending appeal. See, for example, Visconti v. College of Physicians and Surgeons of Alberta , 2009 ABQB 742; Kooner v. College of Physicians and Surgeons of Ontario , [2006] O.J. No. 1416 (Ont. Div. Ct.); Ali v. College of Physicians and Surgeons , 2012 SKQB 193.

Nurses - discipline is effective immediately, unless a stay is granted. See, for example, Bennet v. Registered Psychiatric Nurses ’ Association of Manitoba , 2003 MBCA 53; Bailey v. Saskatchewan Registered  Nurses ’ Association , [1996] S.J. No. 880 (Q.B.).

Dentists - discipline is effectively immediately notwithstanding an appeal. See, for example, Clokie v. Royal College of Dental Surgeons of Ontario , 2016 ONSC 4164; Do v. Ordre des dentists du Quebec , [1998] J.Q. no 799.

Veterinarians - unless a stay is granted, discipline is effective immediately irrespective of an appeal. See, for example, Irwin v. Alberta Veterinary Medical Association , 2015 ABCA 176.

Optometrists - discipline is effective immediately, subject to an application for a stay pending appeal. See, for example, Alberta College of Optometrists v. Eye Contact Inc., [1998] A.J. No. 1209 (Q.B.).

Engineers – an appeal of discipline is not effective to suspend discipline. A request for a stay must be made. See, for example, Rew v. Association v. Professional Engineers of Ontario (Discipline Committee) , 2016 ONSC 4043.

Accountants – an appeal is insufficient to automatically stay discipline. A motion for a stay must be brought. See, for example, Fitz-Andrews v. Institute of Chartered Accountants of Ontario , [2002] O.J. No. 635 (Div. Ct.).

Sports Associations - discipline takes effect pending appeal – a stay must be sought to avoid this. See, for example, Voorhorst v. Canadian Soccer Association , 2011 ABCA 74.

Immigration Consultants - discipline imposed by a disciplinary council is not suspended pending appeal, unless an order for a stay is granted. See, for example, Hemlin v. Canadian Society of Immigration Consultants , 2011 FC 1085.

Police – the police context appears to be the only area in which discipline does not take effect until all appeals are exhausted. In serious cases, officers disciplined are placed on leave with pay pending the outcome of any appeal. See, for example s. 89(4) of the Ontario Police Services Act . In Ontario, the only exception to the continuation of pay pending an appeal of discipline is where the police officer is convicted of an offence and sentenced to a term of imprisonment (s. 89(6)).