Early Childhood Educators Act, 2007

Part I Interpretation

1 (1) In this Act, “by-laws” means the by-laws made under this Act; (“règlements administratifs”) “child” means a person under the age of 18 years; (“enfant”) “College” means the College of Early Childhood Educators established under section 6; (“Ordre”) “complaint resolution process” means a process that includes mediation, conciliation, negotiation, or any other means of facilitating the resolution of issues in dispute; (“processus de règlement des plaintes”) “Council” means the Council of the College established in accordance with section 8; (“conseil”) “health professional” means a member of a health profession within the meaning of the Regulated Health Professions Act, 1991; (“professionnel de la santé”) “Minister” means the Minister of Education or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministr…

2 The practice of early childhood education is the planning and delivery of inclusive play-based learning and care programs for children in order to promote the well-being and holistic development of children, and includes, (a) the delivery of programs to children 12 years or younger; (b) the assessment of the programs and of the progress of children in the programs; (c) communication with the parents or persons with legal custody of the children in the programs in order to improve the development of the children; and (d) such other services or activities as may be prescribed by the regulations. 2007, c. 7, Sched. 8, s. 2; 2014, c. 11, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 2 - 31/08/2015

Part II Prohibitions

3 (1) No person shall engage in the practice of early childhood education or hold himself or herself out as able to do so unless the person holds a certificate of registration issued under this Act. 2007, c. 7, Sched. 8, s. 3 (1). Application (2) Subsection (1) does not apply to any of the following persons: 1. A person employed as a teacher or teaching assistant in an institution that is a school as defined in subsection 1 (1) of the Education Act. 1.1 A person who, under the authority of a letter of permission, is appointed by a board as defined in subsection 1 (1) of the Education Act to a position designated by the board as requiring an early childhood educator. 2. A person who is employed in a child care centre or by a home child care agency, a person who provides home child care or in-home services or any other person prescribed for the purpose under the Child Care and Early Years …

4 No person except a member of the College shall use the English title “early childhood educator” or “registered early childhood educator” or the French title “éducatrice de la petite enfance”, “éducateur de la petite enfance”, “éducatrice de la petite enfance inscrite” or “éducateur de la petite enfance inscrit” or an abbreviation of any of those titles to describe themselves or their profession. 2007, c. 7, Sched. 8, s. 4.

5 No person except a member of the College shall represent or hold out expressly or by implication that he or she is a member of the College. 2007, c. 7, Sched. 8, s. 5.

PART III COLLEGE

6 (1) A college is established under the name College of Early Childhood Educators in English and Ordre des éducatrices et des éducateurs de la petite enfance in French. 2007, c. 7, Sched. 8, s. 6 (1). Body corporate (2) The College is a body corporate without share capital and with all the powers of a natural person. 2007, c. 7, Sched. 8, s. 6 (2). Non-application of certain Acts (3) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the College. 2007, c. 7, Sched. 8, s. 6 (3); 2010, c. 15, s. 221. Section Amendments with date in force (d/m/y) 2010, c. 15, s. 221 - 19/10/2021 Duty and objects

7 (1) In carrying out its objects, the College’s primary duty is to serve and protect the public interest. 2007, c. 7, Sched. 8, s. 7 (1). Objects (2) The College has the following objects: 1. To regulate the practice of early childhood education and to govern its members. 2. To develop, establish and maintain qualifications for membership in the College. 3. To accredit programs in early childhood education offered by post-secondary educational institutions and other bodies. 3.1 To provide for the ongoing education of members of the College and to accredit ongoing education programs. 4. To issue certificates of registration to members of the College and to renew, amend, suspend, cancel, revoke and reinstate those certificates. 5. To establish an appeal mechanism for registration decisions. 6. To establish and enforce professional standards and ethical standards that are applicable to mem…

8 (1) The College shall have a Council that shall be its governing body and board of directors and that shall manage and administer its affairs. 2007, c. 7, Sched. 8, s. 8 (1). Composition of Council (2) The Council shall be composed of, (a) 14 early childhood educators who are members of the College and who are elected by the members of the College in accordance with the by-laws to represent such geographic areas of the Province as may be determined by regulation; (b) 10 persons who are not members of the College and who are appointed by the Lieutenant Governor in Council to represent such sectors of Ontario society as may be prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 8 (2). Role of Registrar (3) The Registrar shall serve as secretary to the Council and has all the rights of participation at meetings of the Council that a Council member has, other …

9 (1) The term of office of a Council member shall not exceed three years. 2007, c. 7, Sched. 8, s. 9 (1). Multiple terms (2) A person may be a Council member for more than one term but no person may be a Council member for more than 10 consecutive years. 2007, c. 7, Sched. 8, s. 9 (2).

10 (1) Subject to the by-laws, every member of the College who is in good standing is entitled to vote at an election of members of the Council. 2007, c. 7, Sched. 8, s. 10 (1). Member in good standing (2) A member of the College is in good standing for the purposes of this section if, (a) the member is not in default of payment of a membership fee prescribed by the by-laws; and (b) the member’s certificate of registration is not suspended. 2007, c. 7, Sched. 8, s. 10 (2).

11 Thirteen members of Council constitute a quorum. 2007, c. 7, Sched. 8, s. 11.

12 If one or more vacancies occur in the membership of the Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by section 11. 2007, c. 7, Sched. 8, s. 12.

13 (1) Subject to subsections (2) and (3), the meetings of the Council shall be open to the public and reasonable notice shall be given to the members of the College and to the public. 2007, c. 7, Sched. 8, s. 13 (1). Exceptions (2) The Council may exclude the public, including members of the College, from a meeting or any part of a meeting if it is satisfied that, (a) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the meetings be open to the public; (b) a person involved in a civil or criminal proceeding may be prejudiced; (c) the safety of a person may be jeopardized; (d) personnel matters or property transactions will be discussed; or (e) litigation affecting the College will …

14 (1) The Council may employ the persons it considers advisable and shall have the officers provided for by the by-laws. 2007, c. 7, Sched. 8, s. 14 (1). Registrar appointed (2) The Council shall appoint one of its employees as the Registrar. 2007, c. 7, Sched. 8, s. 14 (2). Deputy registrars (3) The Council may appoint one or more deputy registrars who shall have the powers of the Registrar as set out in the by-laws. 2007, c. 7, Sched. 8, s. 14 (3). Chief executive officer (4) The Registrar shall be the chief executive officer of the College. 2007, c. 7, Sched. 8, s. 14 (4).

15 (1) The Council shall report annually to the Minister on the activities and financial affairs of the College. 2007, c. 7, Sched. 8, s. 15 (1). Same (2) The report shall include audited financial statements. 2007, c. 7, Sched. 8, s. 15 (2).

16 (1) The Minister may, (a) review the activities of the Council and require the Council to provide reports and information; (b) require the Council to do anything that the Minister believes is necessary or advisable to carry out the objects of the College; (c) require the Council to make, amend or revoke a regulation under section 43. 2007, c. 7, Sched. 8, s. 16 (1). Council to comply (2) If the Minister requires the Council to do anything under subsection (1), the Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report to the Minister respecting the compliance. 2007, c. 7, Sched. 8, s. 16 (2). Regulations (3) If the Minister requires the Council to make, amend or revoke a regulation under clause (1) (c) and the Council does not do so within 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or…

17 The College shall hold an annual meeting of the members of the College not more than 15 months after the holding of the last preceding annual meeting of members. 2007, c. 7, Sched. 8, s. 17.

18 (1) Every person who holds a certificate of registration is a member of the College, subject to any term, condition or limitation to which the certificate is subject. 2007, c. 7, Sched. 8, s. 18 (1). Suspended members (1.1) Despite subsection (1), a person whose certificate of registration is suspended is not a member of the College during the period of suspension. 2014, c. 11, Sched. 3, s. 5 (1). Resignation of membership (2) A member of the College may resign his or her membership by filing a resignation in writing with the Registrar and when the member does so, the certificate of registration is cancelled upon the acceptance of the resignation by the Registrar. 2007, c. 7, Sched. 8, s. 18 (2); 2014, c. 11, Sched. 3, s. 5 (2). Continuing jurisdiction: revocation, suspension, cancellation (3) A person whose certificate of registration expires or is revoked, suspended or cancelled con…

19 (1) The Council shall establish the following committees: 1. Executive Committee. 2. Registration Appeals Committee. 3. Complaints Committee. 4. Discipline Committee. 5. Fitness to Practise Committee. 2007, c. 7, Sched. 8, s. 19 (1). Same (2) In appointing persons to the committees mentioned in subsection (1), the Council shall ensure that, (a) each committee has at least one member who is an elected member of the Council referred to in clause 8 (2) (a); (b) at least one-third of the members of each committee are appointed members of the Council referred to in clause 8 (2) (b); (c) no person who is a member of the Complaints Committee is also a member of the Discipline Committee or the Fitness to Practise Committee; and (d) the appointments are made in accordance with the by-laws. 2007, c. 7, Sched. 8, s. 19 (2). Chair (3) The Council shall appoint one of the members of each committee…

20 The Council may establish other committees that the Council from time to time considers necessary. 2007, c. 7, Sched. 8, s. 20.

21 If one or more vacancies occur in the membership of a committee of the Council, the members remaining on the committee constitute the committee so long as their number is not fewer than the quorum established in the by-laws. 2007, c. 7, Sched. 8, s. 21.

22 If, after a committee commences a hearing into a matter, a member of the committee ceases to be a member of the committee, the member shall be deemed, for the purposes of dealing with that matter, to remain a member of the committee until the final disposition of the matter. 2007, c. 7, Sched. 8, s. 22.

23 If, after a committee commences a hearing into a matter, a member of the committee becomes incapacitated, the remaining members of the committee may continue to hear the matter and to render a decision with respect to the matter. 2007, c. 7, Sched. 8, s. 23.

24 The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council other than the power to make, amend or revoke a regulation or by-law. 2007, c. 7, Sched. 8, s. 24.

PART IV REGISTRATION Issuing or refusing to issue certificate of registration

25 (1) The Registrar shall issue a certificate of registration to an applicant if the applicant, (a) applies for it in accordance with the regulations and the by-laws; (b) meets the registration requirements prescribed by regulation; and (c) pays the fees required under the by-laws. 2007, c. 7, Sched. 8, s. 25 (1). Grounds for refusal (2) The Registrar may refuse to issue a certificate of registration if the Registrar has reasonable grounds to believe that, (a) the past conduct or actions of the applicant afford grounds for belief that the applicant will not perform his or her duties as an early childhood educator, in accordance with the law, including but not limited to this Act, the regulations and the by-laws; or (b) the applicant does not fulfil the requirements under this Act for the issuance of the certificate. 2007, c. 7, Sched. 8, s. 25 (2). Same (3) Except as otherwise directed …

26 (1) The Registrar shall give an applicant for a certificate of registration, at the applicant’s request, a copy of each document the College has that is relevant to the application. 2007, c. 7, Sched. 8, s. 26 (1). Exception (2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person. 2007, c. 7, Sched. 8, s. 26 (2).

27 (1) If the Registrar proposes to do one of the following, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant: 1. Refuse to issue a certificate of registration. 2. Impose terms, conditions or limitations to which the applicant has not consented on a certificate of registration to be issued. 3. Repealed: 2016, c. 24, Sched. 1, s. 4 (1). 2007, c. 7, Sched. 8, s. 27 (1); 2014, c. 11, Sched. 3, s. 8; 2016, c. 24, Sched. 1, s. 4 (1). Exception (2) Subsection (1) does not apply if the Registrar refuses to issue a certificate under subsection 25 (3). 2007, c. 7, Sched. 8, s. 27 (2). Contents of notice (3) A notice under subsection (1) shall state that the applicant may request a review by the Registration Appeals Committee in accordance with subsection (4). 2007, c. 7, Sched. 8, s. 27 (3). Request for review (4) The request for review shall b…

28 (1) If an applicant requests a review in accordance with subsection 27 (4), the Registration Appeals Committee shall conduct the review. 2007, c. 7, Sched. 8, s. 28 (1). Exception (2) Despite subsection (1), the Committee shall refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process. 2007, c. 7, Sched. 8, s. 28 (2). Extension of time for requesting review (3) The Committee may extend the time for requesting a review under subsection 27 (4) if it is satisfied that there are apparent grounds for granting relief on the review and that there are reasonable grounds for applying for the extension. 2007, c. 7, Sched. 8, s. 28 (3). Examination of documents, submissions (4) Subject to subsection (5), the Committee shall ensure that the person requesting the review is given an opportunity to examine and make written submissions on any…

28.1 (1) A member may apply to the Registration Appeals Committee for an order directing the Registrar to remove or modify any term, condition or limitation imposed on the member’s certificate of registration by the Registrar or the Registration Appeals Committee. 2016, c. 24, Sched. 1, s. 6. Same (2) The application must be, (a) made in writing; and (b) accompanied by the fee prescribed for the purpose by the by-laws. 2016, c. 24, Sched. 1, s. 6. Limitations (3) The right to apply under subsection (1) is subject to, (a) any limitation imposed by the Registrar or the Registration Appeals Committee under section 25, 27 or 28; and (b) any limitation imposed under subsection (8) in the disposition of a previous application under this section. 2016, c. 24, Sched. 1, s. 6. Submissions (4) The application may be accompanied by written submissions. 2016, c. 24, Sched. 1, s. 6. Examination of do…

29 (1) The Registrar shall maintain a register. 2007, c. 7, Sched. 8, s. 29 (1). Contents (2) The register shall contain, (a) each member’s name and, where applicable, the class of certificate of registration that the member holds and any additional qualifications indicated on the member’s certificate or any certificates of additional qualifications that the member holds; (b) the terms, conditions and limitations imposed on each certificate of registration, including terms, conditions and limitations resulting from a written undertaking or other agreement between the College and the member; (b.1) any restrictions imposed on a member’s eligibility to practise by an order of a court or other lawful authority, including the name and location of the court or authority and the date the order was made; (b.2) a notation of every matter that has been referred to the Discipline Committee under se…

30 (1) The Registrar may suspend the certificate of registration of a member of the College for, (a) failure to pay a fee or penalty prescribed by the by-laws; or (b) failure to provide information required by the by-laws. 2007, c. 7, Sched. 8, s. 30 (1). Same (2) The Registrar shall not suspend a member’s certificate of registration without first giving the member two months notice of the default and intention to suspend. 2007, c. 7, Sched. 8, s. 30 (2). Reinstatement (3) Subject to subsection (4), a person whose certificate of registration was suspended under subsection (1) is entitled to have the suspension removed on payment of the fees and penalties prescribed by the by-laws or on provision of the information required by the by-laws, as the case may be. 2014, c. 11, Sched. 3, s. 11. Revocation (4) If a certificate of registration is suspended under subsection (1) and the suspension …

PART V COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE

31 (1) The Complaints Committee shall consider and investigate complaints regarding the conduct or actions of a member of the College, including complaints made by, (a) a member of the public; (b) a member of the College; (c) the Registrar; or (d) the Minister. 2014, c. 11, Sched. 3, s. 12 (1). Same (1.1) As soon as reasonably possible after receiving a complaint, the Registrar shall, (a) provide the complainant with confirmation that the complaint was received; and (b) notify the member that a complaint regarding his or her actions was made and provide the member with a copy of the complaint or, if the Registrar considers it appropriate in the circumstances, a summary of the complaint. 2014, c. 11, Sched. 3, s. 12 (1). Same (1.2) In providing notice of a complaint under clause (1.1) (b), the identity of the individual who made the complaint shall not be disclosed if the Registrar believ…

31.1 (1) The Registrar may refer the College and the member who is the subject of a complaint to a complaint resolution process to which the College and the member have consented, (a) if the Registrar determines, on reasonable and probable grounds and in accordance with any regulations, that the complaint, if proven, would likely result in the member receiving a caution, a reminder, advice or admonishment from the Complaints Committee under clause 31 (5) (c) or (e); (b) if the Complaints Committee has not yet taken action under subsection 31 (5); and (c) if the matter does not involve an allegation of sexual abuse of a child, sexual misconduct, a prohibited act involving child pornography or a prescribed sexual act. 2014, c. 11, Sched. 3, s. 13; 2016, c. 24, Sched. 1, s. 9 (1); 2019, c. 3, Sched. 1, s. 3. Same (2) The Registrar shall notify the complainant as soon as reasonably possible …

31.2 (1) Subject to subsection (2), the Complaints Committee shall use its best efforts to dispose of a complaint within 120 days after the complaint is filed as described in clause 31 (3) (a). 2014, c. 11, Sched. 3, s. 13. Complaint resolution process (2) If the Registrar refers a matter to a complaint resolution process under subsection 31.1 (1), (a) that process must be carried out in accordance with any timelines prescribed by the regulations; and (b) for the purposes of subsection (1), the time period beginning on the day the referral is made and ending on the day the matter is referred back to the Committee under subsection 31.1 (7) or (8) shall not be counted. 2014, c. 11, Sched. 3, s. 13. If complaint not disposed of (3) If the Committee has not disposed of a complaint within 120 days after the complaint was filed, the Registrar shall provide the complainant and the member who is…

32 (1) The Council or the Executive Committee may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a member of the College. 2007, c. 7, Sched. 8, s. 32 (1). Same (2) The Council or the Executive Committee may direct the Fitness to Practise Committee to hold a hearing and determine any allegation of incapacity on the part of a member of the College. 2007, c. 7, Sched. 8, s. 32 (2). Interim suspension (3) The Council or the Executive Committee may make an interim order directing the Registrar to suspend the certificate of registration of a member of the College or impose terms, conditions or limitations on a member’s certificate of registration if, (a) an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Practise Committee; and (b) the Council or the Exe…

32.1 (1) This section applies with respect to a complaint if the Registrar believes, on reasonable grounds, that the complainant or any other person was likely required to make a report under section 125 of the Child, Youth and Family Services Act, 2017 in relation to the conduct or actions of the member that are the subject of the complaint. 2017, c. 14, Sched. 4, s. 12. (2) Repealed: 2016, c. 24, Sched. 1, s. 10. Referral to Executive Committee (3) The Registrar shall promptly refer a complaint described in subsection (1) to the Executive Committee. 2014, c. 11, Sched. 3, s. 14. Consideration by Executive Committee (4) If a complaint is referred to the Executive Committee under subsection (3), the Executive Committee shall consider whether or not to make a direction under subsection 32 (1) and, if it makes such a direction, shall also consider whether or not to make an interim order un…

32.2 (1) The Council or the Executive Committee may make an interim order directing the Registrar to suspend a member’s certificate of registration or impose terms, conditions or limitations on a member’s certificate of registration if, (a) a complaint is referred to the Council or the Executive Committee by the Complaints Committee under subsection 31 (1.2.1) or following the appointment of an investigator under section 39; and (b) the Council or the Executive Committee is of the opinion that the actions or conduct of the member exposes or is likely to expose a child to harm or injury. 2018, c. 8, Sched. 8, s. 4. Restriction (2) No order shall be made under subsection (1) unless the member has been given, (a) notice of the Executive Committee’s or the Council’s intention to make the order; and (b) at least 14 days to make written submissions to the Executive Committee or the Council. 20…

33 (1) The Discipline Committee shall, (a) hear and determine matters directed or referred to it under section 31, 32 or 36; and (b) perform any other duties assigned to it by the Council. 2007, c. 7, Sched. 8, s. 33 (1). Same, complaint resolution process (1.1) Despite clause (1) (a), if a matter is referred to a complaint resolution process under section 33.1, the Discipline Committee shall cease to hear the matter and this section ceases to apply, unless and until the matter is referred back to the Committee in accordance with that section. 2014, c. 11, Sched. 3, s. 15 (1). Professional misconduct (2) A member may be found guilty of professional misconduct by the Discipline Committee after a hearing if the member has been guilty, in the opinion of the Committee, of professional misconduct. 2014, c. 11, Sched. 3, s. 15 (2). Incompetence (3) The Discipline Committee may, after a hearing…

33.1 (1) The Discipline Committee may refer the College and the member who is the subject of a matter to a complaint resolution process to which the College and the member have consented, (a) if the Committee considers it appropriate to do so; (b) if the matter has not yet been determined by the Discipline Committee under section 33; and (c) if the matter does not involve an allegation of sexual abuse of a child, sexual misconduct, a prohibited act involving child pornography or a prescribed sexual act. 2014, c. 11, Sched. 3, s. 16; 2019, c. 3, Sched. 1, s. 4. Same (2) If the College and the member reach a resolution of a matter that has been referred to the complaint resolution process under subsection (1), they shall propose it to the Discipline Committee and the Committee may, (a) adopt the proposed resolution; (b) modify the proposed resolution; or (c) reject the proposed resolution.…

33.2 (1) If, under section 33, the Discipline Committee finds a member guilty of an act of professional misconduct consisting of, or including, an act listed in subsection (2) of this section, the Committee shall, in addition to anything else the committee may do under subsection 33 (5), (a) make an order requiring that the member be reprimanded by the Committee; (b) make an interim order directing the Registrar to suspend the member’s certificate of registration until the Committee makes an order under clause (c); and (c) make an order directing the Registrar to revoke the member’s certificate of registration. 2019, c. 3, Sched. 1, s. 5 (1). Same (2) The acts of professional misconduct referred to in subsection (1) are the following: 1. Sexual abuse of a child. 2. A prohibited act involving child pornography. 3. A prescribed sexual act. 2019, c. 3, Sched. 1, s. 5 (1). Interpretation (3)…

33.3 A member’s certificate of registration is deemed to be revoked as of the day this section comes into force if, before that day, an order was made by the Discipline Committee under subsection 33 (4) or (5) in which the member was found guilty of an act of professional misconduct consisting of or including sexual abuse of a child or a prohibited act involving child pornography and, (a) the Discipline Committee did not order a revocation of the member’s certificate of registration; or (b) the Discipline Committee ordered a revocation but the member’s certificate of registration was later reinstated under subsection 36 (6) or 37 (1). 2020, c. 36, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 9, s. 3 - 08/12/2020

34 (1) The Fitness to Practise Committee shall, (a) hear and determine matters directed or referred to it under section 31, 32 or 36; and (b) perform any other duties assigned to it by the Council. 2007, c. 7, Sched. 8, s. 34 (1). Incapacity (2) The Fitness to Practise Committee may, after a hearing, find a member of the College to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that, (a) the member is unfit to continue to carry out his or her professional responsibilities; or (b) the member’s certificate of registration should be made subject to terms, conditions or limitations. 2007, c. 7, Sched. 8, s. 34 (2). Powers of Fitness to Practise Committee (3) If the Fitness to Practise Committee finds a member to be incapacitated, it shall make an order doing one or more of the following: 1. Directing the Registrar to revoke t…

35 (1) This section applies to hearings of the Discipline Committee under section 33 and to hearings of the Fitness to Practise Committee under section 34. 2007, c. 7, Sched. 8, s. 35 (1). Parties (2) The College and the member of the College whose conduct or actions are being investigated are parties to the hearing. 2007, c. 7, Sched. 8, s. 35 (2). Examination of documentary evidence (3) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing. 2007, c. 7, Sched. 8, s. 35 (3). Fitness to Practise Committee, reports of health professionals (3.1) A report prepared and signed by a health professional containing his or her findings and the facts upon which they are based, including the personal health information of the member, is admissible as evidence at a hearing of the Fitness to Practise Committee wit…

35.1 (1) In situations under section 35 or 36 in which the Discipline Committee may make an order that the public, including members of the College, be excluded from a hearing, the Committee may make orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters. 2014, c. 11, Sched. 3, s. 19; 2016, c. 24, Sched. 1, s. 14 (1). Same, complaint resolution process (2) In situations under section 33.1 in which the Discipline Committee may make an order that the public, including members of the College, be excluded from a meeting, the Committee may make orders it considers necessary to prevent the public disclosure of matters disclosed during the complaint resolution process under subsection 33.1 (1), including orders banning the publication or broadcasting of those matters. 2014, c. …

PART VI REINSTATEMENT AND VARIATION Reinstatement or variation

36 (1) Subject to subsection (1.1), a person who has had a certificate of registration revoked or suspended as a result of a proceeding before the Discipline Committee or as a result of a resolution adopted by the Committee under section 33.1 may apply in writing to the Registrar to have a new certificate issued or the suspension removed. 2007, c. 7, Sched. 8, s. 36 (1); 2014, c. 11, Sched. 3, s. 20 (1); 2020, c. 36, Sched. 9, s. 4 (1). No application for reinstatement (1.1) Subject to subsections (4.2) and (4.3), subsection (1) does not apply to a person who has had a certificate revoked pursuant to an order made under section 33 or deemed revoked pursuant to section 33.3 for committing an act of professional misconduct that consisted of or included any of the following: 1. Sexual abuse of a child as described in clause (a) or (b) of the definition of “sexual abuse” in subsection 1 (1).…

37 (1) The Council or Executive Committee may, without a hearing, with respect to a person who has had a certificate suspended or revoked for any reason under this Act, make an order doing one or more of the following: 1. Directing the Registrar to issue a certificate of registration to the person. 2. Directing the Registrar to remove the suspension of the person’s certificate of registration. 2007, c. 7, Sched. 8, s. 37. Same, sexual abuse, etc. (2) Subject to subsections (3) and (4), if a person has had a certificate revoked for committing an act of professional misconduct that consisted of or included any of the following, an order under paragraph 1 of subsection (1) shall not be made earlier than five years from the date of the order under section 33 that revoked the certificate: 1. Sexual abuse of a child. 2. Sexual misconduct. 3. A prohibited act involving child pornography. 4. A p…

PART VII APPEALS TO COURT

38 (1) A party to a proceeding before the Registration Appeals Committee, the Discipline Committee or the Fitness to Practise Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee. 2007, c. 7, Sched. 8, s. 38 (1). Same (2) For purposes of this section, (a) a person who requests a review under section 27 is a party to the review under section 27 by the Registration Appeals Committee; and (b) a person who applies for an order under section 28.1 is a party to the proceeding under section 28.1 by the Registration Appeals Committee. 2016, c. 24, Sched. 1, s. 17. Certified copy of record (3) On the request of a party desiring to appeal to the Divisional Court and on payment of the fee prescribed by the by-laws for the purpose, the Registrar shall give the party a certified copy of the record of the proceeding, including…

PART VIII REGISTRAR’S POWERS OF INVESTIGATION

39 (1) If the Registrar believes on reasonable and probable grounds, (a) that a member of the College has committed an act of professional misconduct or is incompetent or incapacitated; (b) that there is cause to refuse to issue a certificate applied for under this Act; (c) that there is cause to suspend or revoke a certificate issued under this Act; or (d) that there is cause to impose terms, conditions or limitations on a certificate applied for or issued under this Act,

the Registrar may appoint one or more investigators to investigate whether such act has occurred, such incompetence or incapacity exists or there is such cause. 2007, c. 7, Sched. 8, s. 39 (1). Approval of Executive Committee (2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee. 2007, c. 7, Sched. 8, s. 39 (2). Emergencies (2.1) The Registrar may appoint an investigator if, (a) the Registrar believes on reasonable and probable grounds that the conduct of the member exposes or is likely to expose one or more children to harm or injury, and that the investigator should be appointed immediately; and (b) there is not time to seek approval from the Executive Committee. 2014, c. 11, Sched. 3, s. 22. Report (2.2) Where an investigator has been appointed under subsection (2.1), the Registrar shall report the appointment of the inves…

40 (1) A justice of the peace may, on the application of an investigator, issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that, (a) the member being investigated has committed an act of professional misconduct or is incompetent or incapacitated; and (b) there is something relevant to the investigation at the place. 2007, c. 7, Sched. 8, s. 40 (1). Searches by day unless stated (2) A warrant issued under subsection (1) does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant. 2007, c. 7, Sched. 8, s. 40 (2). Assistance and entry by force (3) An investigator entering and searching a place under the…

41 (1) An investigator may copy, at the College’s expense, a document, record or thing that an investigator may examine under section 39 or under the authority of a warrant issued under section 40. 2007, c. 7, Sched. 8, s. 41 (1). Removal of documents and objects (2) An investigator may remove a document, record or thing described in subsection (1) if, (a) it is not practicable to copy it in the place where it is examined; or (b) a copy of it is not sufficient for the purposes of the investigation. 2007, c. 7, Sched. 8, s. 41 (2). Use of devices (3) In order to examine or produce a document or record in readable form, an investigator may use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place in which he or she is conducting the investigation. 2007, c. 7, Sched. 8, s. 41 (3). Return of documents and objects or c…

42 The Registrar shall report the results of an investigation to one or more of the Executive Committee, the Registration Appeals Committee, the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate. 2007, c. 7, Sched. 8, s. 42.

PART IX REGULATIONS AND BY-LAWS

43 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations, 0.1 prescribing acts and conduct for the purposes of the definition of “professional misconduct” in section 1; 1. respecting the scope of practice of early childhood education and prescribing services and activities that are part of the practice of early childhood education for the purposes of clause 2 (d); 1.1 governing the accreditation of programs in early childhood education offered by post-secondary educational institutions and other bodies; 2. designating geographic areas for the purposes of clause 8 (2) (a) and prescribing the number of representatives for each geographic area; 2.1 respecting the qualification of Council members who are elected; 2.2 prescribing conditions disqualifying elected members of the Council from sitting on the Counc…

44 (1) The Council may make by-laws relating to the administrative and domestic affairs of the College, including, but not limited to, by-laws, 1. adopting a seal for the College; 2. providing for the execution of documents by the College; 3. respecting banking and finance; 4. fixing the financial year of the College and providing for the audit of the accounts and transactions of the College; 5. respecting the election of Council members, including the requirements for members of the College to be able to vote, electoral districts and election recounts; 6. respecting the qualification of Council members who are elected; 7. prescribing conditions disqualifying elected members of the Council from sitting on the Council and governing the removal of disqualified Council members; 8. prescribing positions of officers of the College, providing for the election or appointment of officers and pre…

45 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing persons or classes of persons for the purposes of paragraph 7 of subsection 3 (2); (b) prescribing additional functions of the College for the purposes of paragraph 9 of subsection 7 (2); (c) respecting the appointment of persons to the Council under clause 8 (2) (b) and prescribing the sectors of Ontario society for the purposes of that clause; (c.1) respecting the appointment of persons to a roster of eligible panellists under subsection 19 (5.2), including but not limited to regulations prescribing requirements and restrictions that apply for that purpose, including, (i) prescribing qualifications of eligible panellists, and (ii) requiring persons on a roster to take an oath and prescribing the form of the oath, the manner in which it shall be made and the time period within which it shall be made; (c.1.1)…

46 (1) A regulation or by-law made under this Act may be general or specific. 2007, c. 7, Sched. 8, s. 46 (1). Same (2) Without limiting the generality of subsection (1), a regulation or by-law may be limited in its application to any class of members of the College, certificates or qualifications. 2007, c. 7, Sched. 8, s. 46 (2).

47 (1) The Council shall ensure that a copy of each regulation and by-law made under this Act is available for public inspection in the office of the College. 2007, c. 7, Sched. 8, s. 47 (1). Same (2) The Registrar shall provide to any person on payment of a reasonable charge, a copy of any regulation or by-law made under this Act. 2007, c. 7, Sched. 8, s. 47 (2).

PART X MISCELLANEOUS

48 (1) A person has the right to use French in all dealings with the College. 2007, c. 7, Sched. 8, s. 48 (1). Definition (2) In this section, “dealings” means any practice or procedure available to the public or to members of the College and includes giving or receiving communications, information or notices, making applications, taking examinations or tests and participating in programs or in hearings or reviews. 2007, c. 7, Sched. 8, s. 48 (2).

48.1 The College shall establish and maintain an official publication of the College. 2014, c. 11, Sched. 3, s. 26. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 26 - 31/08/2015 Publication requirements

49 (1) The College shall publish the following on its website: 1. Every decision of the Discipline Committee and its reasons. 2. Every resolution adopted by the Discipline Committee under section 33.1. 3. If a resolution adopted by the Complaints Committee under section 31.1 provides for publication of the resolution, a summary of the resolution, or a part of the resolution on the College’s website, the resolution, summary or part. 2014, c. 11, Sched. 3, s. 27. Publication in official publication of the College (2) The College shall publish the following in the official publication of the College: 1. A summary of every decision of the Discipline Committee and a summary of its reasons. 2. A summary of every resolution adopted by the Discipline Committee under section 33.1. 3. If a resolution adopted by the Complaints Committee under section 31.1 provides for publication of the resolution,…

49.1 (1) An employer of a member of the College who terminates the member’s employment, suspends the member or imposes restrictions on the member’s duties for reasons of professional misconduct shall file with the Registrar within 30 days after the termination, suspension or restriction a written report setting out the reasons. 2014, c. 11, Sched. 3, s. 27. Same (2) If an employer of a member intended to terminate the member’s employment, to suspend the member or to impose restrictions on the member’s duties for reasons of professional misconduct but the employer did not do so because the member resigned, the employer shall file with the Registrar within 30 days after the resignation a written report setting out the reasons on which the employer had intended to act. 2014, c. 11, Sched. 3, s. 27. Same (3) If a member resigns while his or her employer is engaged in an investigation into al…

49.2 (1) An employer shall report to the Registrar in writing when the employer becomes aware that a member of the College who is or has been employed by the employer as an early childhood educator, (a) has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors; (b) has been charged with or convicted of an offence under the Criminal Code (Canada) that, in the opinion of the employer, indicates that a child may be at risk of harm or injury; or (c) has engaged in conduct or taken action that, in the opinion of the employer, should be reviewed by a committee of the College. 2014, c. 11, Sched. 3, s. 27. Timing of report (2) The employer shall report to the Registrar within 30 days after becoming aware of the charge, conviction, conduct or action unless the employer has reasonable grounds to believe that the member will continue to s…

49.2.1 Where the Registrar refers an employer’s report filed under section 49.1 or 49.2 to the Council or a committee of Council established under section 19, the report is deemed, for the purposes of Part V, to be a complaint that was filed on the day the Registrar referred the report and the Registrar is deemed to be the complainant. 2023, c. 11, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 1, s. 24 - 05/12/2016 2023, c. 11, Sched. 1, s. 3 - 08/06/2023

49.3 (1) The College shall provide the employers listed in subsection (2) with information respecting certain decisions and orders under this Act in accordance with the following rules: 1. If a decision respecting a member of the College is made under subsection 31 (5), the Registrar shall provide the documents referred to in subsection 31 (7) to the employer. 1.1 If a referral respecting a member is made under subsection 31 (9), the Registrar shall notify the employer of the referral. 1.2 If a direction respecting a member is made under subsection 32 (1), the Registrar shall notify the employer of the direction. 2. If an order respecting a member is made under subsection 32 (3), the Registrar shall provide a copy of the order to the employer. 2.1 If an interim order respecting a member is made under subsection 32.2 (1), the Registrar shall provide a copy of the order to the member’s emp…

49.4 (1) Sections 49.1, 49.2 and 49.3 apply to a home child care agency that arranges for the provision of home child care or in-home services and the person who provides the care or services, except that a reference to an employer in those sections shall be read as a reference to the home child care agency. 2014, c. 11, Sched. 3, s. 28 (4). Parents as employers (2) Sections 49.1, 49.2 and 49.3 do not apply to, (a) an employer in respect of a member who provides temporary care for or supervision of a child, if the employer is the child’s parent; or (b) a prescribed employer. 2014, c. 11, Sched. 3, s. 28 (4). Definitions (3) In this section, “home child care”, “home child care agency”, “in-home services”, “parent” and “temporary care for or supervision of a child” have the same meaning as in the Child Care and Early Years Act, 2014. 2014, c. 11, Sched. 3, s. 28 (4). Section Amendments wit…

50 No proceeding for damages shall be instituted against the College, the Council, a committee of the College, a member of the Council or of a committee of the College, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of the duty or power. 2007, c. 7, Sched. 8, s. 50.

50.1 (1) If a person or body designated by the regulations suspects, on reasonable grounds, that there is a risk that a person is likely to suffer physical or emotional harm inflicted by a member of the College and believes, on reasonable grounds, that urgent disclosure is needed, the person or body shall immediately report the suspicion and the information on which it is based to the Registrar. 2014, c. 11, Sched. 3, s. 29. Disclosure of personal information (2) A person or body may disclose such personal information, within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act, as is reasonably necessary for the purpose of complying with subsection (1). 2014, c. 11, Sched. 3, s. 29. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 29 - 31/08/2015

50.2 (1) The College shall have a sexual abuse prevention program. 2020, c. 36, Sched. 9, s. 7. Measures (2) The sexual abuse prevention program must include measures for preventing and dealing with sexual abuse of children. 2020, c. 36, Sched. 9, s. 7. Same (3) The measures for preventing and dealing with sexual abuse of children must include, (a) educational requirements for members; (b) guidelines for the conduct of members with children; (c) training for the College’s staff; (d) the provision of information to the public; and (e) any other measures prescribed by regulation. 2020, c. 36, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 9, s. 7 - 01/01/2022

51 (1) Every person employed, retained or appointed for the purposes of the administration of this Act and every member of a Council or committee of the College shall keep confidential all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except, (a) in connection with the administration of this Act, the Education Act or the Child Care and Early Years Act, 2014, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members’ incapacity, incompetence or acts of professional misconduct or the governing of the profession; (b) to his or her counsel; (c) with the consent of the person to whom the information relates; (d) to the extent that the information is available to the public under this Ac…

51.1 (1) The Minister may provide to the College information, including personal information, in respect of its members, former members and applicants for membership if, in the Minister’s opinion, the information is necessary for the College to carry out its duty and objects. 2014, c. 11, Sched. 3, s. 31 (4). Disclosure to Minister (2) The Minister may require the College to provide to him or her such information, including personal information, in respect of its members, former members and applicants for membership, as is necessary in the Minister’s opinion for the purposes related to his or her powers and duties under this Act, the Education Act or the Child Care and Early Years Act, 2014. 2014, c. 11, Sched. 3, s. 31 (4). Disclosure to College (3) For the purpose of carrying out its objects, the College may require the employer or any other person or body designated by the regulations…

52 (1) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee the repayment of loans made to the College, including interest. 2007, c. 7, Sched. 8, s. 52 (1). Same (2) A guarantee given under subsection (1) is subject to any conditions that the Minister of Finance imposes. 2007, c. 7, Sched. 8, s. 52 (2).

53 (1) A notice or document to be given or served under this Act is sufficiently given or served if it is, (a) delivered personally; (b) sent by mail; or (c) given or served in accordance with by-laws respecting service. 2007, c. 7, Sched. 8, s. 53 (1). Same (2) If a notice or document is sent by mail addressed to a person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing. 2007, c. 7, Sched. 8, s. 53 (2).

54 A statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the College, is admissible in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Registrar and without proof of the seal. 2007, c. 7, Sched. 8, s. 54. Statutory Powers Procedure Act

55 If there is a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail. 2007, c. 7, Sched. 8, s. 55.

56 If it appears to the College that a person does not comply with this Act or the regulations or the by-laws, despite the imposition of a penalty in respect of that non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and the judge may make the order or any other order the judge thinks fit. 2007, c. 7, Sched. 8, s. 56. Offences

57 (1) Every person who contravenes subsection 3 (1) or section 4 or 5 is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence. 2007, c. 7, Sched. 8, s. 57 (1); 2014, c. 11, Sched. 3, s. 32 (1). Offence, obstruct investigator (2) Every person who contravenes subsection 39 (6) (obstruction of investigator) is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 2007, c. 7, Sched. 8, s. 57 (2); 2014, c. 11, Sched. 3, s. 32 (2). Offence, false representation (3) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate issued under this Act is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 2007, c. 7, Sched. 8, s. 57 (3); 2014, c. 11, Sched. 3, s. 32 (3). Offence, assist in fa…

57.1 (1) A member shall file a report in writing with the Registrar if the member has been found guilty of an offence. 2020, c. 36, Sched. 9, s. 8. Timing of report (2) The report must be filed as soon as reasonably practicable after the member receives notice of the finding of guilt. 2020, c. 36, Sched. 9, s. 8. Contents of report (3) The report must contain, (a) the name of the member filing the report; (b) the nature of, and a description of the offence; (c) the date the member was found guilty of the offence; (d) the name and location of the court that found the member guilty of the offence; and (e) the status of any appeal initiated respecting the finding of guilt. 2020, c. 36, Sched. 9, s. 8. Publication ban (4) The report shall not contain any information that violates a publication ban. 2020, c. 36, Sched. 9, s. 8. Same (5) No action shall be taken under this section which violat…