A complainant whose complaint was dismissed prior to the creation of the Health Professions Review Board does not acquire a fresh right to apply for review to the Review Board based simply on new information. This lack of jurisdiction is illustrated in The Complainant and the College of Dieticians of B.C. and a Dietician (Dec. 4, 2009), HPRB Decision No. 2009-HPA-0031(a).
In that matter, the Review Board dismissed, for lack of jurisdiction, an application for a review of an inquiry decision dismissing a complaint against a registrant before the Review Board came into existence. The complainant argued she did not receive the registrant’s response until after the Review Board came into existence. The Review Board found the complainant had exhausted her review rights at the College under the HPA before the HPRB came into existence, and the information she obtained through a mediation process did not give rise to a new right of review.
The Complainant and the College of Dieticians of B.C. and a Dietician (Dec. 4, 2009), HPRB Decision No. 2009-HPA-0031(a).