Ontario College of Teachers Act, 1996
Ontario College of Teachers Act, 1996, S.O. 1996, c. 12
Bills that amended this Act3
- Bill 103amend
Protecting Students Act, 2014
“2ND SESSION, 40TH LEGISLATURE, ONTARIO 62 ELIZABETH II, 2013 2e SESSION, 40e LÉGISLATURE, ONTARIO 62 ELIZABETH II, 2013 Bill 103 Projet de loi 103 An Act to amend the Ontario College of Teachers Act, 1996 with respect to discipline and other related matters Loi modifiant la Loi de 1996 sur l’Ordre des enseignantes et des enseignants de l’Ontario en ce qui concerne la discipline et d’autres questio…”
- Bill 200amend
Protecting Students Act, 2016
“1ST SESSION, 41ST LEGISLATURE, ONTARIO 65 ELIZABETH II, 2016 1re SESSION, 41e LÉGISLATURE, ONTARIO 65 ELIZABETH II, 2016 Bill 200 Projet de loi 200 An Act to amend the Early Childhood Educators Act, 2007 and the Ontario College of Teachers Act, 1996 Loi modifiant la Loi de 2007 sur les éducatrices et les éducateurs de la petite enfance et la Loi de 1996 sur l’Ordre des enseignantes et des enseigna…”
- Bill 37amend
Protecting Students Act, 2016
“2 ND SESSION, 41 ST LEGISLATURE, ONTARIO 65 ELIZABETH II, 2016 2 e SESSION, 41 e LÉGISLATURE, ONTARIO 65 ELIZABETH II, 2016 Bill 37 Projet de loi 37 (Chapter 24 Statutes of Ontario, 2016) (Chapitre 24 Lois de l’Ontario de 2016) An Act to amend the Early Childhood Educators Act, 2007 and the Ontario College of Teachers Act, 1996 Loi modifiant la Loi de 2007 sur les éducatrices et les éducateurs de …”
Sections246
- [s0]
PART I DEFINITIONS
- 1.
- 1Definitions
1 (1) In this Act, “by-laws” means the by-laws made under this Act; (“règlements administratifs”) “College” means the Ontario College of Teachers; (“Ordre”) “committee” includes a subcommittee; (“comité”) “disciplinary stage complaint resolution process” means a process provided for in section 30.1 that includes mediation, conciliation, negotiation, or any other means of facilitating the resolution of issues in dispute; (“processus de règlement des plaintes à l’étape disciplinaire”) “document” means a record of information in any form and includes any part of it; (“document”) “health professional” means a member of a health profession within the meaning of the Regulated Health Professions Act, 1991; (“professionnel de la santé”) “investigation stage complaint resolution process” means a process provided for in section 26.1 that includes mediation, conciliation, negotiation, or any other …
- PART II COLLEGE
- [s2]
PART II COLLEGE
- 2.
- 2College established
2 (1) The College is established under the name Ontario College of Teachers in English and Ordre des enseignantes et des enseignants de l’Ontario in French. Body corporate (2) The College is a body corporate without share capital with all the powers of a natural person. Non-application of certain Acts (3) The Not-for-Profit Corporations Act, 2010 and Corporations Information Act do not apply to the College, except as specifically made applicable by this Act or the regulations. 1996, c. 12, s. 2; 2017, c. 20, Sched. 8, s. 106 (1). Not a Crown agency (4) The College is not an agent of the Crown. 2020, c. 36, Sched. 33, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 106 (1) - 19/10/2021 2020, c. 36, Sched. 33, s. 2 - 01/02/2021
- 3.
- 3Objects
3 (1) The College has the following objects: 1. To regulate the profession of teaching and to govern its members. 2. To develop, establish and maintain qualifications for membership in the College. 3. To accredit professional teacher education programs offered by post-secondary educational institutions. 4. To accredit ongoing education programs for teachers offered by post-secondary educational institutions and other bodies. 5. To issue, renew, amend, suspend, cancel, revoke and reinstate certificates of qualification and registration. 6. To provide for the ongoing education of members of the College. 7. To establish and enforce professional standards and ethical standards applicable to members of the College. 8. To receive and investigate complaints against members of the College and to deal with discipline and fitness to practise issues. 9. To develop, provide and accredit educational …
- 4.
- 4Council
4 (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. 1996, c. 12, s. 4 (1). Composition of Council (2) The Council shall be composed of, (a) six persons who are members of the College and who are appointed by the Council in accordance with the regulations from among the list of nominees prepared under clause 15.2 (4) (a) by the Selection and Nominating Subcommittee; and (b) six persons who are not members of the College and who are appointed by the Lieutenant Governor in Council in accordance with the regulations. 2020, c. 36, Sched. 33, s. 3; 2021, c. 34, Sched. 17, s. 1. Same (2.1) In appointing persons under clause (2) (b), the Lieutenant Governor in Council may consider the persons on the list of nominees prepared under clause 15.2 (4) (b) by the Selection and Nominating Subcommittee. 2020, c.…
- 5.
- 4.1Repealed
4.1 Repealed: 2020, c. 36, Sched. 33, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 52 - 01/06/2006 2020, c. 36, Sched. 33, s. 4 - 01/02/2021
- 6.
- 4.2Duties of Council members
4.2 (1) Every member of the Council shall, in carrying out his or her duties, (a) serve and protect the public interest; and (b) act in accordance with such conflict of interest rules as may be prescribed by the regulations. 2006, c. 10, s. 52. Oath (2) Before taking up their duties, every person appointed to the Council shall swear an oath or affirm in the manner and form and within the time period that is prescribed by the regulations. 2020, c. 36, Sched. 33, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 52 - 01/06/2006 2020, c. 36, Sched. 33, s. 5 - 01/02/2021
- 7.
- 5Term of office
5 (1) No term of a Council member shall exceed three years, except as permitted by regulation. 1996, c. 12, s. 5 (1). Deemed reappointment for LGIC appointments (2) Despite subsection (1), on the expiry of the term of a person appointed under clause 4 (2) (b), and upon the person’s agreement to continue serving as a member of Council for an additional agreed upon period of time, the term may be extended for a further period not exceeding six months or until the appointment is revoked by the Lieutenant Governor in Council, whichever is earlier. 2020, c. 36, Sched. 33, s. 6. Multiple terms (3) Subject to subsections (4) and (5), a person may be a member of the Council for more than one term. 2020, c. 36, Sched. 33, s. 6. Membership on Council and committee (4) Subject to subsection (5), a person appointed to the Council may be a member of the Council, a member of a committee established un…
- 8.
- 6Repealed
6 Repealed: 2020, c. 36, Sched. 33, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (10) - 15/12/2009 2020, c. 36, Sched. 33, s. 7 - 01/02/2021
- 9.
- 10.
- 7Vacancies
7 Where one or more vacancies occur in the membership of the Council, the members remaining in office constitute the Council so long as their number is not fewer than a quorum. 1996, c. 12, s. 7.
- 11.
- 8Council meetings
8 (1) The Council shall meet at least four times a year. Open to public (2) 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. Exclusion of public (3) Despite subsection (2), the Council may exclude the public 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 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; (e) litigation affecting the College will be discus…
- 12.
- 9Officers
9 (1) The Council may employ such persons as it considers advisable and shall have the officers provided for by the by-laws. 1996, c. 12, s. 9 (1). Registrar (2) The Council shall appoint one of its employees as the Registrar. 1996, c. 12, s. 9 (2); 2009, c. 33, Sched. 13, s. 2 (9); 2021, c. 34, Sched. 17, s. 2 (1). Chief executive officer (3) The Registrar shall be the chief executive officer of the College. 1996, c. 12, s. 9 (3); 2009, c. 33, Sched. 13, s. 2 (9). Deputy Registrar (4) The Registrar may appoint one or more deputy registrars who shall have the powers of the Registrar for the purposes of this Act. 2021, c. 34, Sched. 17, s. 2 (2). Fluency in English and French (5) Either the Registrar or a deputy registrar must be fluent in English and French. 2021, c. 34, Sched. 17, s. 2 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2016,…
- 10Meeting with Minister
10 (1) The Council shall meet annually with the Minister. Open to public (2) Subsections 8 (2) and (3) apply to the annual meeting with the Minister. 1996, c. 12, s. 10.
- 13.
- 11Annual report
11 (1) The Council shall report annually to the Minister on the activities and financial affairs of the College. Tabling of report (2) The Minister shall submit the report to the Lieutenant Governor in Council and shall then table the report in the Assembly if it is in session or, if not, at the next session. 1996, c. 12, s. 11.
- 14.
- 12Powers of Minister
12 (1) In addition to his or her other powers and duties under this Act, 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, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act; (c) require the Council to make, amend or revoke a regulation. 1996, c. 12, s. 12 (1). Council to comply (2) If the Minister requires a 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. 1996, c. 12, s. 12 (2). Regulation (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 the time and in the manner specified by the…
- 15.
- 13Annual meeting of members
13 The College shall hold an annual meeting of the members not more than 15 months after the holding of the last preceding annual meeting of members. 1996, c. 12, s. 13.
- 16.
- 14Membership
14 (1) Every person who holds a certificate of qualification and registration is a member of the College, subject to any term, condition or limitation to which the certificate is subject. 1996, c. 12, s. 14 (1); 2009, c. 33, Sched. 13, s. 2 (10). Resignation of membership (2) A member may resign his or her membership by filing a resignation in writing with the Registrar. 1996, c. 12, s. 14 (2); 2009, c. 33, Sched. 13, s. 2 (9). Same (3) The certificate of qualification and registration of a person who files a resignation is cancelled. 1996, c. 12, s. 14 (3); 2009, c. 33, Sched. 13, s. 2 (10). Expiry of membership (4) A certificate of qualification and registration that expires in accordance with the regulations is cancelled. 1996, c. 12, s. 14 (4); 2009, c. 33, Sched. 13, s. 2 (10). Continuing jurisdiction: revocation, cancellation (5) A person whose certificate of qualification and regi…
- 17.
- 15Committees
15 (1) The following committees are established: 1. Investigation Committee. 2. Discipline Committee. 3. Registration Appeals Committee. 4. Fitness to Practise Committee. 2020, c. 36, Sched. 33, s. 9. Composition (2) Each committee established under subsection (1) shall be composed of persons appointed by the Council in accordance with the regulations from among the list of nominees prepared by the Selection and Nominating Subcommittee under clause 15.2 (4) (c), provided that the Council appoints equal numbers of members of the College and non-members. 2020, c. 36, Sched. 33, s. 9. Eligibility (3) A member of the Council is ineligible to be concurrently appointed as a member of a committee established under subsection (1). 2020, c. 36, Sched. 33, s. 9. Term of committee members (4) No term of a member of a committee established under subsection (1) shall exceed three years, except as per…
- PART III REGISTRATION
- 15 #19Committees
- 15.1Adjudicative Body of Chairs
15.1 (1) The Adjudicative Body of Chairs is established and shall be composed of the following members: 1. The Chairs of the committees established under subsection 15 (1). 2. The Vice-Chairs of the committees established under subsection 15 (1). 3. Any additional persons who are appointed in accordance with the regulations to be on the Adjudicative Body of Chairs under subsection (2). 2020, c. 36, Sched. 33, s. 9. Composition (2) If, among the persons referred to in paragraphs 1 and 2 of subsection (1), the number of members of the College is not equal to the number of non-members, the Council shall appoint additional members of the statutory committees to be on the Adjudicative Body of Chairs until the number of members of the College and non-members is equal. 2020, c. 36, Sched. 33, s. 9. Chair (3) The Chair of the Adjudicative Body of Chairs shall be appointed in accordance with the …
- 18.
- 15.2Selection and Nominating Subcommittee
15.2 (1) The Selection and Nominating Subcommittee is established. 2020, c. 36, Sched. 33, s. 9. Composition (2) The Selection and Nominating Subcommittee shall be composed of members of the Council appointed by the Council in accordance with the regulations, provided that the number of members appointed by the Lieutenant Governor in Council under clause 4 (2) (b) who are on the subcommittee is one greater than the number of other members. 2020, c. 36, Sched. 33, s. 9. Chair of Selection and Nominating Subcommittee (3) The Chair of the Selection and Nominating Subcommittee shall be appointed in accordance with the regulations. 2020, c. 36, Sched. 33, s. 9. Duties of Selection and Nominating Subcommittee (4) The Selection and Nominating Subcommittee shall, (a) review and assess applications of persons who have applied to be appointed to the Council under clause 4 (2) (a), and based on the…
- 19.
- PART II.1 PUBLIC INTEREST COMMITTEE
- [s21]
- 15.3Audit and Finance Subcommittee, Human Resources Subcommittee
15.3 (1) The Audit and Finance Subcommittee and the Human Resources Subcommittee are established. 2020, c. 36, Sched. 33, s. 9. Composition (2) The Audit and Finance Subcommittee and the Human Resources Subcommittee shall each be composed of members of the Council appointed by the Council in accordance with the by-laws, provided that the number of members appointed by the Lieutenant Governor in Council under clause 4 (2) (b) who are on the subcommittee is one greater than the number of other members. 2020, c. 36, Sched. 33, s. 9. Other subcommittees (3) The Council may, by by-law, establish other subcommittees composed of Council members as the Council, from time to time, considers necessary. 2020, c. 36, Sched. 33, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 9 - 01/02/2021
- 17 #21Committee panels
- 20.
- 16Duties of committee members
16 (1) Every member of a committee established under this Act shall, in carrying out their duties, (a) serve and protect the public interest; and (b) act in accordance with such conflict of interest rules as may be prescribed by the regulations. 2020, c. 36, Sched. 33, s. 9. Oath (2) Before taking up their duties, every member of a committee established under this Act shall swear an oath or affirm in the manner and form and within the time period that is prescribed by the regulations. 2020, c. 36, Sched. 33, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 9 - 01/02/2021
- 21.
- [s23]
- 17Committee panels
17 (1) The powers and duties of a committee established under subsection 15 (1) may be exercised by a panel that satisfies the following rules and any requirements set out in the regulations: 1. The panel must consist of at least three persons selected from the committee or the roster of eligible panellists for the committee established under subsection (4). 2. The panel must have at least one member of the College and one non-member. 3. At least one member of the panel shall be a member of the committee, unless the chair of the committee directs that this paragraph does not apply. 2020, c. 36, Sched. 33, s. 9; 2021, c. 34, Sched. 17, s. 4. Principals and vice-principals (2) The powers and duties of a committee established under subsection 15 (1) to hear or review a matter relating to the conduct or actions of a person who, at the time the conduct or actions occurred, was employed as a p…
- 22.
- 16 #24Duties of committee members
- 17.1Teacher education program, accreditation
17.1 A professional teacher education program offered by a post-secondary educational institution shall not be accredited unless it enables students of the program to acquire knowledge of the Ontario curriculum, particularly in relation to math, reading and literacy, and any other element of a professional teacher education program prescribed by the regulations. 2023, c. 11, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 54 - 01/06/2006 2019, c. 3, Sched. 3, s. 6 - 03/04/2019 2023, c. 11, Sched. 3, s. 3 - 08/06/2023
- 23.
- [s25]
PART III REGISTRATION
- 24.
- 17 #26Committee panels
- 17.2Procedures to be fair and open
17.2 (1) Any power that may be exercised and any duty that must be performed under this Part shall be exercised or performed fairly and in a manner such that any decisions made with respect to an applicant are transparent to and understandable by that applicant, with due regard to his or her individual circumstances. 2006, c. 10, s. 55. Standards (2) The Council shall make regulations, subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, establishing standards, practices and procedures to ensure that the requirements of subsection (1) are fulfilled. 2006, c. 10, s. 55. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 55 - 01/06/2006
- PART III.1 PROFESSIONAL LEARNING
- 18Registration
18 (1) The Registrar shall issue a certificate of qualification and registration to a person who, (a) applies for the certificate in accordance with the regulations; (b) fulfils the requirements specified in the regulations for the issuance of the certificate; and (c) successfully completes any prescribed examinations relating to proficiency in mathematics that are required for the issuance of the certificate. 2019, c. 3, Sched. 3, s. 7. Notation of new teacher program (1.1) When the College is notified by a board that a member has successfully completed the new teacher induction program under the Education Act, the Registrar shall note that fact on the member’s certificate. 2006, c. 10, s. 56; 2009, c. 33, Sched. 13, s. 2 (9). Grounds for refusal (2) The Registrar may refuse to issue a certificate of qualification and registration where the Registrar has reasonable grounds to believe th…
- 24.1
- [s28]
- 19Disclosure of application file
19 (1) The Registrar shall give an applicant for a certificate of qualification and registration, at the applicant’s request, a copy of each document the College has that is relevant to the application. 1996, c. 12, s. 19 (1); 2009, c. 33, Sched. 13, s. 2 (9, 10). Exception (2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person. 1996, c. 12, s. 19 (2); 2009, c. 33, Sched. 13, s. 2 (9). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9, 10) - 15/12/2009
- 24.2
- 20Notice of proposal to refuse to issue, revoke, etc.
20 (1) Where the Registrar proposes, (a) to refuse to issue a certificate of qualification and registration; or (b) to impose terms, conditions or limitations on a certificate of qualification and registration to which the applicant has not consented, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant. 1996, c. 12, s. 20 (1); 2009, c. 33, Sched. 13, s. 2 (9, 10). Exception (2) Subsection (1) does not apply where the Registrar refuses to issue a certificate under subsection 18 (3). 1996, c. 12, s. 20 (2); 2009, c. 33, Sched. 13, s. 2 (9). 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). 1996, c. 12, s. 20 (3). Request for review (4) The request for review must be, (a) in writing; (b) served on the Registrar with…
- 24.3
- 21Review by Registration Appeals Committee
21 (1) Where the applicant requests a review in accordance with subsection 20 (4), the Registration Appeals Committee shall conduct the review. 1996, c. 12, s. 21 (1). Exception (2) Despite subsection (1), the Registration Appeals Committee may refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process. 1996, c. 12, s. 21 (2). Extension of time for requesting review (3) The Registration Appeals Committee may extend the time for requesting a review under subsection 20 (4) where it is satisfied that there are apparent grounds for granting relief and that there are reasonable grounds for applying for the extension. 1996, c. 12, s. 21 (3). Same (4) The Committee may give the directions that it considers appropriate consequent on the extension. 1996, c. 12, s. 21 (4). Same (5) Directions may be given under subsection (4) to the applica…
- 24.4
- 22Variation of registration conditions
22 (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 by the Registrar or the Registration Appeals Committee on the member’s certificate of qualification and registration. 1996, c. 12, s. 22 (1); 2009, c. 33, Sched. 13, s. 2 (9, 10). Same (2) The application must be, (a) in writing; and (b) accompanied by the fee prescribed for the purpose by the by-laws. 1996, c. 12, s. 22 (2). Limitations (3) The right to apply under subsection (1) is subject to, (a) any limitation imposed by the Registrar or Registration Appeals Committee under section 18, 20 or 21; and (b) any limitation imposed under subsection (8) in the disposition of a previous application under this section. 1996, c. 12, s. 22 (3); 2009, c. 33, Sched. 13, s. 2 (9). Submissions (4) The application may be accompanied by wri…
- 24.5
- [s32]
- 23Register
23 (1) The Registrar shall maintain a register. 1996, c. 12, s. 23 (1); 2009, c. 33, Sched. 13, s. 2 (9). Contents (2) The register shall contain, (a) each member’s name and the class of certificate of qualification and registration and any certificates of additional qualifications that the member holds; (b) the terms, conditions and limitations imposed on each certificate of qualification and 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 teach 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 section 26, 29 or 33; (b.3) for every hearing of the Dis…
- 24.6
- 24Suspension: failure to pay fees, provide information
24 (1) The Registrar may suspend a member’s certificate of qualification and registration 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. 1996, c. 12, s. 24 (1); 2009, c. 33, Sched. 13, s. 2 (9, 10). Same (2) The Registrar shall not suspend a member’s certificate of qualification and registration without first giving the member two-months notice of the default and intention to suspend. 1996, c. 12, s. 24 (2); 2009, c. 33, Sched. 13, s. 2 (9, 10). Re-instatement (3) Subject to subsection 47.2 (4), a person whose certificate of qualification and registration was suspended by the Registrar 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. 1996, c. 12, s. …
- 24.7
- [s34]
PART IV INVESTIGATION COMMITTEE
- 24.8
- [s35]
- 24.9
- 25Composition of Investigation Committee
25 (1), (2) Repealed: 2020, c. 36, Sched. 33, s. 11. Same (3) No person who is a member of the Discipline Committee or the Fitness to Practise Committee shall be a member of the Investigation Committee. 1996, c. 12, s. 25. Section Amendments with date in force (d/m/y) 2019, c. 3, Sched. 3, s. 8 (1, 2) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 11 - 01/02/2021
- 24.10
- 26Duties of Investigation Committee
26 (1) The Investigation 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; (d) the Minister. 1996, c. 12, s. 26 (1); 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 5 (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. 2016, c. 24, Sched. 2, s. 5 (2). Same (1.2) In providing notice of a complaint under clause (1.1) (b), the identity of the individual who made the …
- [s37]
- 24.11
- 26.1Investigation stage complaint resolution process
26.1 (1) The Registrar may refer the College and the member who is the subject of a complaint to an investigation stage 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 Investigation Committee under clause 26 (5) (c) or (d); (b) if the Investigation Committee has not yet taken action under subsection 26 (5); and (c) if the matter does not involve an allegation of sexual abuse of a student, sexual misconduct, a prohibited act involving child pornography or a prescribed sexual act. 2016, c. 24, Sched. 2, s. 6; 2019, c. 3, Sched. 3, s. 10. Same (2) The Registrar shall notify the complainant as soon as reasonably possible afte…
- 26.2Timely disposal
26.2 (1) Subject to subsection (2), the Investigation Committee shall use its best efforts to dispose of a complaint within 120 days after the complaint is filed as described in clause 26 (3) (a). 2016, c. 24, Sched. 2, s. 6. Investigation stage complaint resolution process (2) If the Registrar refers a matter to an investigation stage complaint resolution process, (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 26.1 (8) or (9) shall not be counted. 2016, c. 24, Sched. 2, s. 6. Consultation before making regulation re clause (2) (a) (3) Before a regulation may be made for the purposes of clause (2) (a), the Council shall hold public consultations, in th…
- PART IV INVESTIGATION COMMITTEE
- [s39]
PART V DISCIPLINE and fitness to practise
- 25.
- 26.
- 27Repealed
27 Repealed: 2020, c. 36, Sched. 33, s. 13. Section Amendments with date in force (d/m/y) 2019, c. 3, Sched. 3, s. 11 (1, 2) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 13 - 01/02/2021
- 28Repealed
28 Repealed: 2020, c. 36, Sched. 33, s. 13. Section Amendments with date in force (d/m/y) 2019, c. 3, Sched. 3, s. 12 (1, 2) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 13 - 01/02/2021
- PART V DISCIPLINE AND FITNESS TO PRACTISE
- [s42]
- 27.
- 29Reference by Adjudicative Body of Chairs
29 (1) The Adjudicative Body of Chairs 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. 1996, c. 12, s. 29 (1); 2020, c. 36, Sched. 33, s. 14 (1). Same (2) The Adjudicative Body of Chairs 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. 1996, c. 12, s. 29 (2); 2020, c. 36, Sched. 33, s. 14 (1). Interim suspension (3) The Adjudicative Body of Chairs may make an interim order directing the Registrar to suspend a member’s certificate of qualification and registration or impose terms, conditions or limitations on a member’s certificate of qualification and registration if, (a) an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Pra…
- 28.
- 29.1Complaint, report of child in need of protection, etc.
29.1 (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. 2016, c. 24, Sched. 2, s. 7; 2018, c. 8, Sched. 19, s. 4. Referral to Adjudicative Body of Chairs (2) The Registrar shall promptly refer a complaint described in subsection (1) to the Adjudicative Body of Chairs. 2016, c. 24, Sched. 2, s. 7; 2020, c. 36, Sched. 33, s. 15. Consideration by Adjudicative Body of Chairs (3) If a complaint is referred to the Adjudicative Body of Chairs under subsection (2), the Adjudicative Body of Chairs shall consider whether or not to make a direction under subsection 29 (1) and, if it makes such a direction, shall al…
- 29.
- 29.2Interim suspension
29.2 (1) The Adjudicative Body of Chairs may make an interim order directing the Registrar to suspend a member’s certificate of qualification and registration or impose terms, conditions or limitations on a member’s certificate of qualification and registration if, (a) a complaint is referred to the Adjudicative Body of Chairs by the Investigation Committee under subsection 26 (1.2.1) or following the appointment of an investigator under section 36; and (b) the Adjudicative Body of Chairs is of the opinion that the actions or conduct of the member exposes or is likely to expose a student to harm or injury. 2018, c. 8, Sched. 19, s. 5; 2020, c. 36, Sched. 33, s. 16 (1). Restriction (2) No order shall be made under subsection (1) unless the member has been given, (a) notice of the Adjudicative Body of Chairs’ intention to make the order; and (b) at least 14 days to make written submissions…
- [s45]
- 30Discipline Committee, findings of professional misconduct and incompetence
30 (1) The Discipline Committee shall, (a) hear and determine matters directed or referred to it under section 26, 29 or 33; and (b) perform such other duties as are prescribed by the regulations. 1996, c. 12, s. 30 (1); 2020, c. 36, Sched. 33, s. 17 (1). Same, complaint resolution process (1.1) Despite clause (1) (a), if a matter is referred to a disciplinary stage complaint resolution process in accordance with section 30.1, 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. 2016, c. 24, Sched. 2, s. 8 (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. 1996, c. 12, s. 30 (2); 2016,…
- 30.
- 30.1Disciplinary stage complaint resolution process
30.1 (1) The Discipline Committee may refer the College and the member who is the subject of a matter to a disciplinary stage 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 30; and (c) if the matter does not involve an allegation of sexual abuse of a student, sexual misconduct, a prohibited act involving child pornography or a prescribed sexual act. 2016, c. 24, Sched. 2, s. 9; 2019, c. 3, Sched. 3, s. 13. Same (2) If the College and the member reach a resolution of a matter that has been referred to the complaint resolution process, 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.…
- 31.
- [s47]
- 30.2Orders relating to sexual abuse, child pornography, etc.
30.2 (1) If, under section 30, 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 30 (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 qualification and 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 qualification and registration. 2019, c. 3, Sched. 3, s. 14 (1). Same (2) The acts of professional misconduct referred to in subsection (1) are the following: 1. Sexual abuse of a student. 2. A prohibited act involving child pornography. 3. A prescribed sexual act. 2019, c. 3, S…
- 32.
- [s48]
- 30.3Retroactive revocation
30.3 A member’s certificate of qualification and 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 30 (4) or (5) in which the member was found guilty of an act of professional misconduct consisting of or including sexual abuse of a student or a prohibited act involving child pornography and, (a) the Discipline Committee did not order a revocation of the member’s certificate of qualification and registration; or (b) the Discipline Committee ordered a revocation but the member’s certificate of qualification and registration was later reinstated under subsection 33 (6) or 34 (1). 2020, c. 36, Sched. 33, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 18 - 08/12/2020
- PART VI REINSTATEMENT AND VARIATION
- [s49]
- 31Fitness to Practise Committee, finding of incapacity
31 (1) The Fitness to Practise Committee shall, (a) hear and determine matters directed or referred to it under section 26, 29 or 33; and (b) perform such other duties as are prescribed by the regulations. 1996, c. 12, s. 31 (1); 2020, c. 36, Sched. 33, s. 19. Incapacity (2) The Fitness to Practise Committee may, after a hearing, find a member to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate held by the member under this Act should be made subject to terms, conditions or limitations. 1996, c. 12, s. 31 (2). Powers of Fitness to Practise Committee (3) Where the Fitness to Practise Committee finds a member to be incapacitated, it may make an order doing one or more of the following: 1. Directing the Registrar to…
- 33.
- 32Procedure: incompetence, misconduct, incapacity hearings
32 (1) This section applies to hearings of the Discipline Committee under section 30 and to hearings of the Fitness to Practise Committee under section 31. 1996, c. 12, s. 32 (1). Parties (2) The College and the member whose conduct or actions are being investigated are parties to the hearing. 1996, c. 12, s. 32 (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. 1996, c. 12, s. 32 (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 without proof of its making or of the health …
- 34.
- [s51]
- 32.1Orders preventing public disclosure
32.1 (1) In situations under section 32 or 33 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. 2016, c. 24, Sched. 2, s. 12. Same, complaint resolution process (2) In situations under section 30.1 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 disciplinary stage complaint resolution process, including orders banning the publication or broadcasting of those matters. 2016, c. 24, Sched. 2, s. 12. Witnesses, under 18 …
- PART VII APPEALS TO COURT
- [s52]
PART VI REINSTATEMENT AND VARIATION Reinstatement and variation procedures
- 35.
- [s53]
- 33Reinstatement after disciplinary proceedings
33 (1) Subject to subsection (1.1), a person who has had a certificate 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 30.1 may apply in writing to the Registrar to have a new certificate issued or the suspension removed. 1996, c. 12, s. 33 (1); 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 13 (1); 2020, c. 36, Sched. 33, s. 21 (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 30 or deemed revoked pursuant to section 30.3 for committing an act of professional misconduct that consisted of or included any of the following: 1. Sexual abuse of a student as described in clause (a) or (b) of the definition of “sexual abuse” in subs…
- PART VIII REGISTRAR’S POWERS OF INVESTIGATION
- [s54]
- 34Reinstatement: no hearing
34 (1) The Adjudicative Body of Chairs 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 to the person. 2. Directing the Registrar to remove the suspension of the person’s certificate. 1996, c. 12, s. 34; 2009, c. 33, Sched. 13, s. 2 (9); 2019, c. 3, Sched. 3, s. 17 (1-3); 2020, c. 36, Sched. 33, s. 22. Exception (2) An order under subsection (1) shall not be made if the person’s certificate was suspended or revoked for committing an act of professional misconduct that consisted of or included any of the following: 1. Sexual abuse of a student. 2. Sexual misconduct. 3. A prohibited act involving child pornography. 4. A prescribed sexual act. 2019, c. 3, Sched. 3, s. 17 (4). Section Amendments with date in force (d…
- 36.
- [s55]
PART VII APPEALS TO COURT
- 37.
- 35Appeal to court
35 (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. 1996, c. 12, s. 35 (1). Same (2) For the purposes of this section, (a) a person who requests a review under section 21 is a party to the review under section 21 by the Registration Appeals Committee; and (b) a person who applies for an order under section 22 is a party to the proceeding under section 22 by the Registration Appeals Committee. 1996, c. 12, s. 35 (2); 2001, c. 14, Sched. B, s. 5; 2004, c. 26, s. 5. 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 re…
- 38.
- [s57]
PART VIII REGISTRAR’S POWERS OF INVESTIGATION
- 39.
- [s58]
- 36Registrar’s investigation
36 (1) Where the Registrar believes on reasonable and probable grounds, (a) that a member 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. 1996, c. 12, s. 36 (1); 2009, c. 33, Sched. 13, s. 2 (9). Approval of Adjudicative Body of Chairs (2) The Registrar shall not make an appointment under subsection (1) without the approval of the Adjudicative Body of Chairs. 1996, c. 12, s. 36 (2); 2009, c. 33, Sched. 13, s…
- PART IX REGULATIONS AND BY-LAWS
- [s59]
- 37Entries and searches
37 (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. Searches by day unless stated (2) A warrant issued under subsection (1) does not authorize an entry or search after sunset and before sunrise unless it is expressly stated in the warrant. Assistance and entry by force (3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assist…
- 40.
- [s60]
- 38Copying
38 (1) An investigator may copy, at the College’s expense, a document or object that an investigator may examine under section 36 or under the authority of a warrant issued under section 37. Removal (2) An investigator may remove a document or object 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. Return (3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall, (a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or (b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time. Copy as evidence (4) A copy of a document or object certified by an investigator to be a true c…
- 41.
- 39Report of investigation
39 The Registrar shall report the results of an investigation to one or more of the Adjudicative Body of Chairs, the Investigation Committee the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate. 1996, c. 12, s. 39; 2009, c. 33, Sched. 13, s. 2 (9); 2020, c. 36, Sched. 33, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2020, c. 36, Sched. 33, s. 24 - 01/02/2021
- 42.
- [s62]
PART IX REGULATIONS AND BY-LAWS
- 40Regulations made by Council
40 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations, 1. making any provision of the Business Corporations Act, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act applicable to the College, with such modifications as the Council considers necessary or advisable; 2., 3. Repealed: 2020, c. 36, Sched. 33, s. 25 (1). 4. governing the composition of, and appointment of persons to, the Council under clause 4 (2) (a) and governing the qualifications of such persons and related application and nomination procedures; 4.1 Repealed: 2020, c. 36, Sched. 33, s. 25 (1). 4.2 prescribing the form of any oath or affirmation required under this Act or a regulation made under this Act, the manner in which it shall be made and the time period within which it shall be made; 4.3 setting out proc…
- [s64]
- 41By-laws made by Council
41 (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. prescribing the seal and other insignia of the College and providing for their use; 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 conflict of interest rules for officers and employees of the College; 6. respecting indemnification by the College of members of the Council, of members of committees and of officers and employees of the College; 7. respecting the calling, holding and conducting of meetings of the Council and the duties of members of the Council; 8. providing for the remuneration of members of the Council and committees, other than persons appointed by th…
- 43.
- [s65]
- 42Regulations made by Lieutenant Governor in Council
42 (1) The Lieutenant Governor in Council may make regulations, (0.a) defining “spouse” for the purposes of subsection 1 (5); (a) prescribing additional functions of the College for the purposes of paragraph 11 of subsection 3 (1); (b) governing the composition of, and appointment of persons to, the Council under clause 4 (2) (b), including their terms of office, governing the qualifications of such persons and related application and nomination procedures and specifying how different interests are to be represented on the Council; (b.1) governing the appointment of the Chair of the Council; (b.2) governing duties of the Chair of the Council, in addition to any duties that may be set out in a by-law made by the Council under paragraph 7 of subsection 41 (1); (c) respecting the appointment of persons to a roster of eligible panellists under subsection 17 (4), including but not limited to …
- PART IX.1 REPORTING REQUIREMENTS RELATED TO PROFESSIONAL MISCONDUCT
- [s66]
- 42.1Repealed
42.1 Repealed: 2004, c. 26, s. 8. Section Amendments with date in force (d/m/y) 2001, c. 14, Sched. B, s. 10 - 29/06/2001; 2001, c. 24, s. 6 - 12/12/2001 2004, c. 26, s. 8 - 16/12/2004
- 42.2Repealed
42.2 Repealed: 2004, c. 26, s. 9. Section Amendments with date in force (d/m/y) 2001, c. 14, Sched. B, s. 10 - 29/06/2001 2004, c. 26, s. 9 - 16/12/2004
- 43Regulations and by-laws: general or specific
43 (1) A regulation or by-law made under any provision of this Act may be general or specific. 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, certificates or qualifications. Classes (3) A class under this Act may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes. 1996, c. 12, s. 43.
- [s69]
PART IX.1 Reporting requirements related to Professional Misconduct Application of Part
- 43.1Special needs
43.1 (1) For the purposes of this Part, a student within the meaning of subsection 1 (2) has special needs if, (a) in the opinion of the employer, the person, by reason of some mental or physical disability, is particularly vulnerable to being sexually abused or to the effects of sexual misconduct; or (b) the employer, exercising reasonable diligence, should have formed the opinion that the person, by reason of some mental or physical disability, is particularly vulnerable to being sexually abused or to the effects of sexual misconduct. 2016, c. 24, Sched. 2, s. 20. (2) Repealed: 2016, c. 24, Sched. 2, s. 20. Crown bound (3) This Part binds the Crown. 2002, c. 7, s. 4. Section Amendments with date in force (d/m/y) 2002, c. 7, s. 4 - 03/09/2002 2016, c. 24, Sched. 2, s. 20 - 05/12/2016
- PART X MISCELLANEOUS
- 43.2Employer reports re: termination, etc.
43.2 (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. 2016, c. 24, Sched. 2, s. 21 (1). 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. 2002, c. 7, s. 4; 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 21 (2). Same (3) If a member resigns whil…
- 44.
- [s72]
- 43.3Employer reports re: certain offences, conduct
43.3 (1) An employer shall report to the Registrar in writing when the employer becomes aware that a member who is or has been employed by the employer, (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 students 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. 2002, c. 7, s. 4; 2016, c. 24, Sched. 2, s. 22 (1). Timing of report (1.1) 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 sexually abuse a student…
- 45.
- [s73]
- 43.3.1Employer report deemed to be complaint
43.3.1 Where the Registrar refers an employer’s report filed under section 43.2 or 43.3 to the Adjudicative Body of Chairs or a committee established under section 15, the report is deemed, for the purposes of Parts IV and 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. 3, s. 13. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 23 - 05/12/2016 2020, c. 36, Sched. 33, s. 28 - 01/02/2021 2023, c. 11, Sched. 3, s. 13 - 08/06/2023
- 46.
- 43.4College reports to employers
43.4 (1) The College shall provide employers of members with information respecting certain decisions and orders under this Act in accordance with the following rules and with subsection (2): 1. If a decision respecting a member is made under subsection 26 (5), the Registrar shall provide the documents referred to in subsection 26 (7) to the member’s employer. 1.1 If a referral respecting a member is made under subsection 26 (9), the Registrar shall notify the employer of the referral. 1.2 If a direction respecting a member is made under subsection 29 (1), the Registrar shall notify the employer of the direction. 2. If an order respecting a member is made under subsection 29 (3), the Registrar shall provide a copy of the order to the member’s employer. 2.1 If an interim order respecting a member is made under subsection 29.2 (1), the Registrar shall provide a copy of the order to the mem…
- 47.
- 43.5Application of s. 43.2, 43.3 and 43.4
43.5 (1) Sections 43.2, 43.3 and 43.4 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. 2016, c. 24, Sched. 2, s. 25. Parents as employers (2) Sections 43.2, 43.3 and 43.4 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. 2016, c. 24, Sched. 2, s. 25. 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. (“services de garde en milieu familial”, “agence de services de …
- 48.
- [s76]
PART X MISCELLANEOUS
- 44Right to use French
44 (1) A person has the right to use French in all dealings with the College. Council to ensure (2) The Council shall take all reasonable measures and make all reasonable plans to ensure that persons may use French in all dealings with the College. Limitation (3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances. Definition (4) In this section, “dealings” means any service 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. 1996, c. 12, s. 44.
- 49.
- 45Official publication
45 The Council shall establish and maintain an official publication of the College. 1996, c. 12, s. 45; 2016, c. 24, Sched. 2, s. 26. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 26 - 05/12/2016 Publication requirements
- 50.
- [s79]
- 45.1Publication on website
45.1 (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 30.1. 3. If a resolution adopted by the Investigation Committee under section 26.1 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. 2016, c. 24, Sched. 2, 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 30.1. 3. If a resolution adopted by the Investigation Committee under section 26.1 provides for publication of the res…
- 51.
- 46Leave of absence
46 (1) A person who is a member of the Council, a member of a committee established under this Act or a member of a panel of a committee established under this Act shall be granted, on request, a paid leave of absence by his or her employer for the purposes of, (a) attending a meeting or other proceeding of the Council, committee or panel of the committee during work hours; or (b) performing other work of the College during work hours at the request of the Registrar or his or her delegate. 2001, c. 9, Sched. E, s. 1 (4); 2009, c. 33, Sched. 13, s. 2 (9). Employer reimbursement (2) If an employer has provided a leave of absence to a person under subsection (1), the College shall reimburse the employer for the salary expense, if any, incurred by the employer in temporarily hiring someone else to replace the person in the workplace. 2001, c. 9, Sched. E, s. 1 (4). Section Amendments with da…
- 52.
- [s81]
- 47Information and disclosure
47 (1) For the purpose of carrying out its objects, the College may require the Provincial Schools Authority, a school board or any other person or body designated by the regulations to provide the College with information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act or section 28 of the Municipal Freedom of Information and Protection of Privacy Act, in respect of members of the College. 1996, c. 12, s. 47 (1). Same (2) If the College requires a person or body to provide information under subsection (1), the person or body shall do so within the time period specified in writing by the College or, if no time period is specified, within 30 days of receiving the request. 2016, c. 24, Sched. 2, s. 28. Same (3) For greater certainty, a person or body may be designated by the regulations for the purposes of subsect…
- 53.
- 47.1Duty to report person at risk
47.1 (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 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 College. 2016, c. 24, Sched. 2, 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). 2016, c. 24, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 29 - 05/12/2016
- 54.
- 47.2Sexual abuse prevention program
47.2 (1) The College shall have a sexual abuse prevention program. 2020, c. 36, Sched. 33, s. 30. Measures (2) The sexual abuse prevention program must include measures for preventing and dealing with sexual abuse of students. 2020, c. 36, Sched. 33, s. 30. Same (3) The measures for preventing and dealing with sexual abuse of students must include, (a) educational requirements for members; (b) guidelines for the conduct of members with students; (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. 33, s. 30. Removal of suspensions, etc. (4) The Registrar shall not remove a suspension of a certificate of qualification and registration made under subsection 24 (1), 29 (3), 29.2 (1), 30 (4) or 31 (3) or issue a certificate or remove a suspension of a certificate in accordance with an or…
- 55.
- 48Confidentiality
48 (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, 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 Act; (e) to a police officer to aid an investigation undertaken w…
- 56.
- 48.1Offence: failure to report
48.1 Every employer who contravenes subsection 43.2 (1), (2), (3), (3.1) or (3.2) or subsection 43.3 (1), (1.1), (1.2), (1.3) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000. 2002, c. 7, s. 6; 2023, c. 11, Sched. 3, s. 16. Section Amendments with date in force (d/m/y) 2002, c. 7, s. 6 - 03/09/2002 2023, c. 11, Sched. 3, s. 16 - 08/06/2023
- 57.
- 49Order directing compliance
49 Where it appears to the College that any person does not comply with this Act or the regulations or by-laws, despite the imposition of any penalty in respect of such 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 such other order as the judge thinks fit. 1996, c. 12, s. 49; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
- 58.
- 49.1Offence: improper use of title or holding out as member
49.1 Any person who contravenes subsection 14 (6), (8) or (9) 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. 2021, c. 34, Sched. 17, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 17, s. 6 - 02/12/2021
- PART XI TRANSITIONAL PROVISIONS
- 50Offence: obstruction of investigator
50 Any person who contravenes subsection 36 (6) is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 1996, c. 12, s. 50.
- 59.
© King's Printer for Ontario, 2026. Unofficial reproduction — not the official version.