Alberta · College of Physiotherapists of Alberta

What happens during a Physiotherapy Alberta investigation?

When the College of Physiotherapists of Alberta directs an investigation, your matter moves from a written exchange to structured fact-finding — often including a review or audit of your clinical records. Knowing what the investigator can do, and the defined points at which the matter can end, lets you engage from information rather than fear.

When and why an investigation starts

Not every complaint is investigated. Under the Health Professions Act the Complaints Director may resolve a matter, dismiss it where there is no jurisdiction or merit, or direct an investigation where the concern is serious enough or the written record leaves questions open. The College can also initiate an investigation on its own where information suggests unprofessional conduct, including referrals arising from the Continuing Competence Program.

An investigation is not a finding that you did something wrong. It means the Complaints Director needs facts the correspondence alone cannot settle. A physiotherapist who engages openly is not disadvantaged by that.

What the investigator can do

An appointed investigator gathers the evidence relevant to the concern. In physiotherapy matters this commonly includes a review or random audit of clinical charts against a specific Standard of Practice — documentation and record keeping, consent, or the sexual abuse and misconduct standard — as well as requests for correspondence, billing records, and your account of specific events. You are expected to cooperate fully; obstructing or misleading an investigator is a serious matter in its own right, distinct from the original concern.

The investigator may interview you, the complainant, and witnesses such as colleagues, supervisors, or employers. Where a concern turns on clinical or professional judgement, an expert opinion may be obtained. The investigation report and the evidence it gathers become the record the Complaints Director relies on.

Your obligations, and your rights, while it runs

You must respond to reasonable requests for records and information and you must be truthful. You are entitled to know the substance of what is being investigated, to take advice, and to be represented. This is where your professional liability insurer and a regulatory lawyer earn their place: they help you respond accurately, frame your account, and avoid the unforced errors — over-explaining, speculating, contradicting your own records — that lengthen matters.

Keep the clinical record intact and unaltered. If you locate further relevant material as the investigation proceeds, provide it rather than curating. Keep your own dated log of every request received and response sent, so your cooperation is itself on the record.

The section 66(3) referral test

When the investigation is complete, the Complaints Director decides, under section 66(3) of the Health Professions Act, whether to refer the matter to a hearing or dismiss it. The threshold is two-fold. First, there must be a reasonable prospect of establishing the facts necessary to prove the allegation before a Hearing Tribunal. Second, the Director must have significant concerns about the physiotherapist's competence or ethics, or see a significant risk to public protection if the alleged practice continues.

If either limb is not met — the evidence is insufficient, or the shortfall does not rise to unprofessional conduct — the matter is not referred. Many investigations end here, sometimes with practice recommendations rather than any formal finding.

Facilitated resolution

Where the evidence would support a referral but a full hearing is not necessary, the Complaints Director may offer facilitated resolution. This is a formal, binding Agreement and Undertaking between you and the College, agreed only where both you and the complainant consent, and its terms are typically similar to the orders the College would seek at a hearing.

In practice these agreements often require you to review and reflect on specific standards or the Code of Ethical Conduct, complete an approved course, or undertake chart reviews over a set period. Under section 119 of the Act, the conditions are recorded on your practice permit and appear on the public registry until the matter is resolved. Facilitated resolution is frequently the most constructive outcome available once concerns are substantiated.

If it is referred to a Hearing Tribunal

A referral moves the matter into a formal, quasi-judicial hearing that proceeds much like a court proceeding. The Hearing Tribunal is composed of two physiotherapists and two members of the public, and the Health Professions Act requires at least fifty percent public membership. The College's Complaints Director presents the case and carries the onus of proving the allegations on the balance of probabilities; you have a statutory right to be represented and should exercise it.

Hearings are generally open to the public unless the Tribunal directs otherwise, and upcoming hearings are posted on the College's website. If unprofessional conduct is found, the Tribunal makes orders under section 82 — the subject of our remediation guide. A tribunal decision can be appealed to the Council of the College and, from there, to the Alberta Court of Appeal.

This guide explains the professional conduct process of the College of Physiotherapists of Alberta (CPTA), the regulator formerly known as Physiotherapy Alberta – College + Association, under the Health Professions Act. It is provided for general information for registered physiotherapists in Alberta and is not legal advice. If you are the subject of a complaint or investigation, contact your professional liability insurer and, where the matter is serious, a lawyer who practises regulatory defence under the Health Professions Act. Last updated July 14, 2026.