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 subsection 1 (1). 2.  A prohibited act involving child pornography. 3.  A prescribed sexual act that involves a student. 2020, c. 36, Sched. 33, s. 21 (2). Variation after disciplinary proceedings (2) A person who has a certificate that is subject to terms, conditions or limitations 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 for the removal or modification of the terms, conditions or limitations.  1996, c. 12, s. 33 (2); 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 13 (2). Time of application (3) An application under subsection (1) or (2) shall not be made before the expiry of the period fixed for the purpose by the Discipline Committee under subsection 30 (7) or under paragraph 6 of subsection (6), as the case may be.  1996, c. 12, s. 33 (3). Same (4) If the Discipline Committee did not fix a period under subsection 30 (7) or under paragraph 6 of subsection (6), an application under subsection (1) or (2) shall not be made earlier than one year from the date of the order under section 30 or the date of the last order made under this section, as the case may be.  1996, c. 12, s. 33 (4). Same (4.1) Despite subsections (3) and (4), if a person 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, an application under subsection (1) to have a new certificate issued shall not be made earlier than five years from the date of the revocation order or the date of the deemed revocation: 1.  Sexual abuse of a student, as described in clause (c) of the definition of “sexual abuse” in subsection 1 (1). 2.  Sexual misconduct. 3.  A prescribed sexual act that does not involve a student. 2019, c. 3, Sched. 3, s. 16; 2020, c. 36, Sched. 33, s. 21 (3, 4); 2023, c. 11, Sched. 3, s. 8. Reinstatement after conviction or pardon (4.2) Despite anything in this section, if a person’s certificate of qualification and registration is revoked, suspended or made subject to terms, conditions or limitations in relation to a matter that led to a conviction under the Criminal Code (Canada) and the conviction is subsequently overturned on appeal, or the person has been granted a pardon under the Criminal Code (Canada), the person may make an application under subsection (1) or (2) at any time after the conviction was overturned or the pardon was granted. 2020, c. 36, Sched. 33, s. 21 (5). Same (4.3) With respect to a person referred to in subsection (4.2) whose certificate of qualification and registration was deemed revoked pursuant to section 30.3, if the conviction was overturned on appeal or the person was granted a pardon under the Criminal Code (Canada) before the day this section comes into force and the person makes an application under subsection (1) of this section within 60 days of the revocation under section 30.3 and provides proof that the conviction was overturned or the pardon was granted, (a)  the Registrar shall issue a certificate to the applicant immediately upon receiving the application and proof; and (b)  the member may hold the certificate until the Discipline Committee has made an order with respect to the application under subsection (6) of this section. 2020, c. 36, Sched. 33, s. 21 (5). Referral to Discipline Committee (5) The Registrar shall refer an application under subsection (1) or (2) to the Discipline Committee.  1996, c. 12, s. 33 (5); 2009, c. 33, Sched. 13, s. 2 (9). Order (6) The Discipline Committee may, after a hearing, make an order doing one or more of the following: 1.  Refusing the application. 2.  Directing the Registrar to issue a certificate to the applicant. 3.  Directing the Registrar to remove the suspension of the applicant’s certificate. 4.  Directing the Registrar to impose specified terms, conditions and limitations on a certificate of the applicant. 5.  Directing the Registrar to remove any term, condition or limitation on a certificate of the applicant. 6.  Fixing a period during which the applicant may not apply under this section. 7.  Directing the Registrar to continue or to revoke a certificate issued under clause (4.3) (a). 1996, c. 12, s. 33 (6); 2009, c. 33, Sched. 13, s. 2 (9); 2020, c. 36, Sched. 33, s. 21 (6). Parties (7) The College and the applicant are parties to the hearing.  1996, c. 12, s. 33 (7). Examination of documentary evidence (8) 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. 33 (8). Open or closed hearings (9) A hearing of the Discipline Committee under this section shall be open to the public unless, (a)  the proceeding referred to in subsection (1) or (2) that resulted in the person’s certificate being revoked, suspended or subject to terms, conditions or limitations was closed to the public; or (b)  the Committee makes an order under subsection (9.1). 2016, c. 24, Sched. 2, s. 13 (4). Exclusion of public (9.1) The Discipline Committee may make an order that the public, including members of the College, be excluded from a hearing or any part of a hearing if, in the Committee’s opinion, the possibility of serious harm or injustice to any person justifies a departure from the general principle that hearings should be open to the public. 2016, c. 24, Sched. 2, s. 13 (4). Orders preventing public disclosure (9.2) For greater certainty, the Discipline Committee may make an order described in section 32.1 in relation to a hearing under this Part. 2016, c. 24, Sched. 2, s. 13 (4). Recording of evidence (10) If requested by a party, the oral evidence taken before the Discipline Committee under this section shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party’s expense.  1996, c. 12, s. 33 (10). Only members at hearing to participate in decision (11) No member of the Discipline Committee shall participate in a decision of the Committee under this section unless he or she was present throughout the hearing and heard the evidence and the argument of the parties.  1996, c. 12, s. 33 (11). Release of documentary evidence (12) Documents and things put in evidence at a hearing under this section shall, on the request of the party who produced them, be returned by the Discipline Committee within a reasonable time after the matter in issue has been finally determined.  1996, c. 12, s. 33 (12). Service of decision on parties (13) The Discipline Committee shall give its decision under this section in writing, with reasons, and shall serve each party with a copy of the decision.  1996, c. 12, s. 33 (13). Fitness to Practise Committee (14) Subsections (1) to (8) and (10) to (13) apply with necessary modifications to the Fitness to Practise Committee and, for the purpose, (a)  a reference to the Discipline Committee shall be deemed to be a reference to the Fitness to Practise Committee; (b)  a reference to subsection 30 (7) shall be deemed to be a reference to subsection 31 (5); (c)  a reference to section 30 shall be deemed to be a reference to section 31.  1996, c. 12, s. 33 (14); 2016, c. 24, Sched. 2, s. 13 (5). Same, closed hearings (14.1) A hearing of the Fitness to Practise Committee under this section shall be closed to the public unless the applicant requests otherwise, in which case the hearing shall be open to the public and subsection (9.1) applies with necessary modifications. 2016, c. 24, Sched. 2, s. 13 (6). Application (15) This section applies with necessary modifications to, (a)  a person whose certificate of qualification or letter of standing was suspended or cancelled by the Minister before May 20, 1997 under paragraph 13 of subsection 8 (1) of the Education Act, as it read immediately before its repeal; and (b)  a person whose certificate of qualification or letter of standing was suspended or cancelled as a result of a decision of the Minister under paragraph 2 of subsection 2 (2) of Ontario Regulation 276/97 (Transitional Matters — Discipline) made under the Act that was deemed by paragraph 4 or 5 of that subsection to be a decision of the Discipline Committee.  2009, c. 33, Sched. 13, s. 2 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (4, 9) - 15/12/2009 2016, c. 24, Sched. 2, s. 13 (1-6) - 05/12/2016 2019, c. 3, Sched. 3, s. 16 - 03/04/2019 2020, c. 36, Sched. 33, s. 21 (1-6) - 08/12/2020 2023, c. 11, Sched. 3, s. 8 - 08/06/2023