Mandatory reporting
When must a psychotherapist in Ontario report? The duty to report
Facts checked against CRPO's and Ontario's official sources on October 21, 2026.
A Registered Psychotherapist in Ontario must report in a short list of situations fixed by statute, each with its own threshold, recipient and clock. The two that matter most: reasonable grounds to suspect that a child under 16 is or may be in need of protection go to a children's aid society immediately, and reasonable grounds, learned in practice, to believe that another regulated health professional sexually abused a client go in writing to that professional's college within 30 days.
The duties at a glance
| Situation | Threshold | To whom | How fast |
|---|---|---|---|
| A child under 16 is or may be in need of protection (CYFSA s. 125) | Reasonable grounds to suspect | A children's aid society, directly | Immediately, and again with each new ground |
| Another regulated health professional sexually abused a client (Procedural Code ss. 85.1, 85.3) | Reasonable grounds to believe, obtained in practice | The Registrar of that professional's college, in writing | Within 30 days; without delay if abuse is likely to continue |
| Another RP practised unsafely (O. Reg. 317/12, s. 1, para. 39) | Reasonable grounds to believe | CRPO's Registrar, in writing | Promptly |
| Improper care, abuse, neglect, unlawful conduct or misuse of money involving a long-term care home resident (Fixing Long-Term Care Act, 2021, s. 28) | Reasonable grounds to suspect | The Director, Ministry of Long-Term Care | Immediately |
| The same in a retirement home (Retirement Homes Act, 2010, s. 75) | Reasonable grounds to suspect | The Registrar, Retirement Homes Regulatory Authority | Immediately |
CRPO's Standard 1.3.1 requires registrants to "comply with their mandatory reporting obligations to the College and other organizations", and 1.3.2 to "refrain from making frivolous or vexatious complaints or reports."
Child protection: immediately, personally, every time
Section 125 (1) of the Child, Youth and Family Services Act, 2017 says a person with reasonable grounds to suspect one of the listed grounds "shall immediately report the suspicion and the information on which it is based to a society". The grounds include physical, sexual and emotional harm or its risk, sex trafficking, and a parent unable or unwilling to care for the child.
- Suspect, not believe. You do not investigate or wait for proof; that is the society's job.
- Directly. You report yourself and may not rely on anyone else, s. 125 (3). Telling your supervisor does not discharge the duty.
- Ongoing. New grounds mean a new report, even if the child is already known to the society, s. 125 (2).
- Age. The duty covers children under 16. For a 16 or 17 year old you may report on grounds 1 to 11 but need not, s. 125 (4).
- Confidentiality yields. The duty applies to confidential and privileged information and protects a reporter who acts without malice and on reasonable grounds, s. 125 (10). It prevails over PHIPA, s. 125 (12).
- Penalty. A professional who fails to report what they learned in their work commits an offence, with a fine of up to $5,000, s. 125 (5) and (9).
If a child is in immediate danger and you cannot reach a society, Ontario's guidance is to call the police.
Sexual abuse of a client by a health professional
Section 85.1 (1) of the Health Professions Procedural Code (Schedule 2 to the Regulated Health Professions Act, 1991) applies when, in the course of practising your profession, you gain reasonable grounds to believe that a member of any Ontario health college has sexually abused a patient. CRPO notes it does not reach what you learn in your personal life.
- Recipient and form. In writing, to the Registrar of the professional's own college, s. 85.3 (1). For a physician, that is not CRPO.
- Timing. Within 30 days, or without delay where you believe on reasonable grounds the abuse will continue or extend to other patients, s. 85.3 (2).
- The client's name. It goes in only with the client's written consent, s. 85.3 (4). Without consent you still report, without the name.
- Telling the client. Where the grounds come from your client, use your best efforts to tell them about the report before filing, s. 85.1 (3).
Failing to report is an offence with a fine of up to $50,000, s. 93 (2).
Unsafe practice by another RP, and other college reports
Failing "to promptly report to the College an incident of unsafe practice by another member if the member believes on reasonable grounds that the other member has committed such an incident" is professional misconduct (O. Reg. 317/12, s. 1, para. 39), and so is naming a client in that report without consent unless the law allows it (para. 40). CRPO asks for a prompt written report to the Registrar.
Related duties: facility operators report incompetence, incapacity or sexual abuse (s. 85.2); anyone ending a working relationship with a member for misconduct, incompetence or incapacity reports within 30 days (s. 85.5); and you report your own findings of guilt and charges to CRPO as soon as reasonably practicable (ss. 85.6.1 to 85.6.4).
Long-term care and retirement homes, and what is not mandatory
The homes duties bind any person except residents, including an RP who sees a client there, even where the information is confidential (FLTCA s. 28 (4), RHA s. 75 (3)).
A client's risk to someone else is not on the list. PHIPA s. 40 (1) says a custodian "may disclose" where they believe on reasonable grounds it is necessary to eliminate or reduce a significant risk of serious bodily harm. That is a permission, not a statutory duty: Ontario has no general statutory duty to warn. CRPO adds that where the risk is significant and imminent, a registrant may have a professional and legal duty to warn, and advises getting legal advice.
The duty to report decision diagram walks through these choices; the module Mandatory reporting and the limits of confidentiality covers each duty in depth. To practise under time pressure, try the free practice case.
Common questions
Can my supervisor make the child protection report for me?
No. CYFSA s. 125 (3) requires you to report directly. Consult if you need to, but the call is yours.
Do I need the client's consent to report a colleague's sexual abuse of them?
No. Their written consent decides only whether their name appears in the report (Procedural Code s. 85.3 (4)).
Must I report about a 16 or 17 year old?
No, but you may. CYFSA s. 125 (4) excludes them from the mandatory duty and permits a report on grounds 1 to 11.
Is there a duty to warn in Ontario?
Not a general statutory one. PHIPA s. 40 (1) permits disclosure to reduce a significant risk of serious bodily harm.
Sources
- CRPO, Standard 1.3: Mandatory Reporting (opens in a new tab)
- CRPO, Filing a Report (opens in a new tab)
- CRPO, Mandatory Reporting (Practice Matters) (opens in a new tab)
- Child, Youth and Family Services Act, 2017 (opens in a new tab)
- Regulated Health Professions Act, 1991, Schedule 2, Health Professions Procedural Code (opens in a new tab)
- O. Reg. 317/12, Professional Misconduct (opens in a new tab)
- Fixing Long-Term Care Act, 2021 (opens in a new tab)
- Retirement Homes Act, 2010 (opens in a new tab)
- Personal Health Information Protection Act, 2004 (opens in a new tab)
- Government of Ontario, Report child abuse and neglect (opens in a new tab)