Complaints

The College of Massage Therapists of New Brunswick (CMTNB) takes all complaints and concerns seriously.

The process by which the CMTNB handles complaints and discipline is established through legislation as set out by the Massage Therapy Act (2013). This allows any member of the public the right to have his/her complaint about a Massage Therapist’s conduct, competency or capacity investigated.

All complaints must be submitted in writing to the CMTNB Registrar at:

Attention: Registrar
College of Massage Therapists of New Brunswick (CMTNB)
2661-I Chemin Acadie
Cap-Pelé, NB E4N 1C2
registrar@cmtnb.ca

The written complaint should include:

• Your name, mailing address
• The name of the Massage Therapist to whom the complaint is against
• The time, place, date(s) and details of the event(s).

The College will not process anonymous complaints as the Massage Therapist who is the subject of the complaint must be in a position to fairly respond to the allegation(s) made against him/her. The process aims to ensure fairness to both the complainant and the College registrant who is the subject of the complaint. Every effort will be made to ensure confidentiality within the limits of the law.When the complaint is received by the Registrar, the Registrar will send acknowledgment of receipt of the complaint to the complainant, and forward the complaint to the Complaints Committee for investigation.

The Complaints Committee will notify the massage therapist in question of the complaint being investigated and give thirty days in which the massage therapist may submit in writing to the Complaints Committee any explanations or representations he/she may wish to make concerning the complaint. The Complaints Committee may proceed with the hearing in his/her absence.

In situations whereby the complaint can be satisfactorily resolved to the satisfaction of the complainant and massage therapist, no further action may be required.

In other instances however, following investigation, the Complaints Committee may:

• Take no further action due to the nature of the complaint being frivolous or vexatious or if there is insufficient evidence of professional misconduct, incompetence or incapacity
• Address the professional misconduct, incompetence or incapacity of the member, whole or in part, as is consistent with the Massage Therapy Act or by-laws, which may require further action, discipline and/or investigation.

Both the complainant and the Massage Therapist complained against will receive a written copy of the final decision made.

If the Board of Directors considers it necessary for the protection of the public during an investigation of a member or pending the conduct and completion of proceedings under the Massage Therapy Act in respect of a member, the Board of Directors may:

1. Direct the Registrar to impose specified terms, limitations and conditions on the massage therapist’s right to practise; or
2. Direct the Registrar to suspend the massage therapist’s right to practise.

Whereby the Board of Directors intends to take action with respect to this, the massage therapist will be notified of the Board’s intention in writing. The massage therapist will have ten days after the notice is received, to make representation to the Board of Directors in respect of the matter.