The Regulated Health Professions Act, 1991 defines sexual abuse as:
(a) sexual intercourse or other forms of physical sexual relations between the member and the patient,
(b) touching, of a sexual nature, of the patient by the member, or
(c) behaviour or remarks of a sexual nature by the member towards the patient.
“Sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided.
Sexual abuse under the Regulated Health Professions Act, 1991 has a different legal description from sexual assault under the Criminal Code of Canada [1]. Unlike the criminal act of sexual abuse, consent is not a defence to sexual abuse under the RHPA and acts of a sexual nature by a regulated health professional may constitute sexual abuse under the RHPA and result in regulatory consequences, including the revocation of a member’s certificate of registration.
More information on sexual abuse can be found in Standard of Practice S-014: Prohibition Against a Sexual Relationship with a Patient.