Hearings

After reviewing a formal complaint received by the College of Pharmacy of Newfoundland and Labrador (CPNL), the Complaints Authorization Committee may decide to refer the matter to CPNL’s Disciplinary Panel for a hearing before an Adjudication Tribunal. The parties at the hearing are CPNL and the registered pharmacy professional who is the subject of the complaint. Parties may choose to be represented by counsel at a hearing. Hearings are held in public, either in-person or virtually, unless the Adjudication Tribunal decides to close the hearing, or part of it, to the public.

Adjudication Tribunal

The Adjudication Tribunal for the hearing is made up of three members of the CPNL Disciplinary Panel, two of whom are pharmacy professionals registered with CPNL and one who is an appointed public representative. In cases where the subject of the complaint is a pharmacist, pharmacy intern, or pharmacy student, at least one of the pharmacy professionals appointed to the adjudication tribunal must be a pharmacist, where practicable, and in cases where the subject of the complaint is a pharmacy technician, pharmacy technician intern, or pharmacy technician students, at least one of the pharmacy professionals appointed to the adjudication tribunal must be a pharmacy technician, where practicable.

Conduct During Hearings

Rules for Members of the Public Attending an in-person hearing
All members of the public must sign in prior to entering the room.
Members of the public arriving late will not be permitted to enter the hearing room once the proceeding has begun.
Any person in attendance at a hearing may be required to show the contents of pockets, bags, etc. prior to entering the hearing room.
No weapons, food, or beverages other than water in a sealed container are permitted in the hearing room.
No electronic devices, including but not limited to, cameras, recording devices, communication devices, computers, or cell phones may be used during a hearing.
Recording or taking photos of any part of the hearing is prohibited.
Members of the public may not speak, whisper, or otherwise cause a disruption while a hearing is in session, and all sound-making devices must be put in silent mode.
CPNL may limit the number of persons in attendance at a hearing to a number that is consistent with the appropriate functioning and decorum of the hearing. Where space is limited, entry will be on a first-come-first-served basis.
CPNL may refuse entry to or exclude any person from the hearing room if they refuse to comply with any guideline or request outlined above, or with any other request made to preserve the functioning and decorum of the hearing.
Rules for Members of the Public Attending a Virtual Hearing
Members of the public attending a virtual hearing must conduct themselves in the same manner as they would for an in-person hearing.
All members of the public must pre-register to attend a virtual hearing.
Members of the public must enter the virtual hearing at least five minutes prior to the scheduled start time and identify themselves on screen using their first and last name.
No electronic devices, including but not limited to, cameras, recording devices, communication devices, computers, or cell phones may be used during a hearing, apart from the use of a device for the purpose of attending the virtual hearing.
Recording or taking photos of any part of the hearing is prohibited.
Members of the public must keep their microphones muted for the duration of the hearing, and may not speak, whisper, or otherwise cause a disruption while a hearing is in session. Use of the virtual hearing platform chat service is not permitted.
Members of the public must keep their camera on for the duration of the hearing, unless directed by the Adjudication Tribunal to turn them off. Attendance must be from a space free from background distractions; inappropriate or distracting background images are not permitted. Walking around, eating, chewing gum, or any other potentially distracting actions are not permitted during the hearing.
CPNL may limit the number of persons in attendance at a hearing to a number that is consistent with the appropriate functioning and decorum of the hearing. Where space is limited, entry will be on a first-come-first-served basis.
CPNL may refuse entry to or exclude any person from the virtual hearing if they refuse to comply with any guideline or request outlined above, or with any other request made to preserve the functioning and decorum of the hearing.

Closed Hearings

A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public, as per section 40(3) of the Pharmacy Act, 2024.

The public will be notified when an Adjudication Tribunal decides to close a hearing or a portion of a hearing. If the hearing is entirely closed, no members of the public or media will be permitted access to the hearing room while testimony is given or counsel submissions on the complaint are made.

An adjudication tribunal may decide to close only a portion of a hearing if it determines that only some of the evidence to be heard is of a sensitive personal nature and is satisfied it will be reasonably possible to predict in advance when sensitive evidence is likely to be heard or referred to during the hearing.

Request a Closed Hearing

CPNL or the pharmacy professional who is the subject of the complaint may bring a motion to close the hearing, or a portion of the hearing, if they anticipate that it may involve the disclosure of personal matters and the desirability to protect the party to the complaint or another person from the consequences of that disclosure outweighs the desirability of holding the hearing in public. The adjudication tribunal will consider the motion and decide whether or not to close the hearing. The motion may be brought before or after the commencement of the hearing and the motion to close the hearing may be closed to the public.

Upcoming hearings

Additional Resources

Public Attendance at Adjudication Tribunal Hearings Policy

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