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 means of facilitating the resolution of issues in dispute; (“processus de règlement des plaintes à l’étape de l’enquête”) “Minister” means the Minister responsible for the administration of this Act; (“ministre”) “personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”) “prescribed sexual act” means an act of a sexual nature that is prohibited under the Criminal Code (Canada) and is prescribed by a regulation made under clause 42 (1) (c.1) of this Act; (“acte sexuel prescrit”) “professional misconduct” means, (a)  sexual abuse of a student, (b)  sexual misconduct, (c)  engaging in prohibited acts involving child pornography, (c.1)  engaging in a prescribed sexual act, or (d)  any other act or conduct prescribed by the regulations; (“faute professionnelle”) “prohibited act involving child pornography” means any act prohibited under section 163.1 of the Criminal Code (Canada); (“acte interdit impliquant de la pornographie juvénile”) “regulations” means the regulations made under this Act; (“règlements”) “regulatory committee” means the Accreditation Committee, the Accreditation Appeal Committee, the Standards of Practice and Education Committee or any other committee established by the Council by regulation; (“comité de réglementation”) “school board” means a board as defined in subsection 1 (1) of the Education Act; (“conseil scolaire”) “sexual abuse” of a student by a member means, (a)  sexual intercourse or other forms of physical sexual relations between the member and the student, (b)  touching, of a sexual nature, of the student by the member, or (c)  behaviour or remarks of a sexual nature by the member towards the student; (“mauvais traitements d’ordre sexuel”) “sexual misconduct” means inappropriate behaviour or remarks of a sexual nature by the member that is not sexual abuse of a student, where, (a)  one or more students are exposed to the behaviour or remarks, or the member knows or ought to know that one or more students are likely to be exposed to the behaviour or remarks, and (b)  a reasonable person would expect the behaviour or remarks to have the effect of, (i)  causing distress to a student exposed to the behaviour or remarks, (ii)  being detrimental to the physical or mental well-being of a student, or (iii)  creating a negative environment at a school for a student exposed to the behaviour or remarks; (“inconduite sexuelle”) “statutory committee” means the Investigation Committee, the Discipline Committee, the Fitness to Practise Committee, the Registration Appeals Committee or the Adjudicative Body of Chairs. (“comité prévu par la Loi”) 1996, c. 12, s. 1; 1997, c. 31, s. 161; 2001, c. 14, Sched. B, s. 1; 2002, c. 7, s. 2; 2004, c. 26, s. 1; 2016, c. 24, Sched. 2, s. 1 (1); 2018, c. 8, Sched. 19, s. 1 (1); 2019, c. 3, Sched. 3, s. 1 (1, 2); 2020, c. 36, Sched. 33, s. 1 (1). Interpretation, sexual abuse and sexual misconduct (2) For the purposes of the definitions of “sexual abuse” and “sexual misconduct” in subsection (1), and for the purposes of the provisions listed in subsection (3), a reference to a student is a reference to any of the following: 1.  A student who, at the time the behaviour, remarks or conduct occurred or were made, was enrolled in a school or private school in Ontario, within the meaning of the Education Act
and was under 18 years old or, in the case of a student who had special needs, was under 22 years old. 2.  A student of any age who, at the time the behaviour, remarks or conduct occurred or were made, was enrolled in a school or private school in Ontario, within the meaning of the Education Act
if, at that time, i.  the member was one of the student’s teachers, ii.  the member was the principal or vice-principal of the school in which the student was enrolled, iii.  the member assisted in extracurricular activities, including coaching in a sport, and the member and the student dealt with each other directly in the course of the extracurricular activities, or iv.  the member provided any other school-related service, including a support service directly to the student. 3.  Any other child who, at the time the behaviour, remarks or conduct occurred or were made, was under 18 years old or, in the case of a child who had special needs, was under 22 years old. 2016, c. 24, Sched. 2, s. 1 (2). Same (3) For the purposes of subsection (2), the provisions are the following: 1.  Subsections 26 (4) and (4.11). 2.  Clause 29 (3) (b). 3.  Subsection 29 (5). 3.1  Clause 29.2 (1) (b). 3.2  Subsection 29.2 (3). 4.  Subsection 30 (3). 4.1  Subsections 30.2 (1) and (2). 4.2  Section 30.3. 4.3  Subsections 33 (1.1) and (4.1). 5.  Subsection 35 (6). 6.  Clause 36 (2.1) (a). 7.  Clause 43.3 (1) (b). 8.  Subsection 43.3 (1.1). 9.  Subsections 47.2 (2) and (3). 10.  Subsection 58.1 (3). 2016, c. 24, Sched. 2, s. 1 (2); 2018, c. 8, Sched. 19, s. 1 (2, 3); 2020, c. 36, Sched. 33, s. 1 (2); 2023, c. 11, Sched. 3, s. 1. Same, spouse (4) For the purposes of the definitions of “sexual abuse” and “sexual misconduct” in subsection (1), a reference to a student does not include a person who was the member’s spouse at the time of the sexual abuse or sexual misconduct. 2016, c. 24, Sched. 2, s. 1 (2). Same (5) For the purposes of subsection (4), unless otherwise defined in the regulations, “spouse”, in relation to a member, means, (a)  a person who is the member’s spouse as defined in section 1 of the Family Law Act, or (b)  a person who has lived with the member in a conjugal relationship outside of marriage continuously for a period of not less than three years. 2016, c. 24, Sched. 2, s. 1 (2). Same, special needs (6) For the purposes of paragraphs 1 and 3 of subsection (2), a student had special needs if the member knew or, exercising reasonable diligence, ought to have known that the student, by reason of some mental or physical disability, was particularly vulnerable to being sexually abused or to the effects of sexual misconduct. 2016, c. 24, Sched. 2, s. 1 (2). Same, electronic means (7) For greater certainty, for the purposes of the definitions of “sexual abuse” and “sexual misconduct” in subsection (1), behaviour, remarks and conduct include acts or remarks that are done or made by electronic means. 2016, c. 24, Sched. 2, s. 1 (2). Definition (8) For the purposes of clauses (b) and (c) of the definition of “sexual abuse” in subsection (1), “sexual nature” does not include, (a)  touching or behaviour that is necessary for the purposes of diapering, toileting, washing or dressing a student as part of a teacher’s professional responsibilities, or (b)  remarks that are pedagogically appropriate. 2019, c. 3, Sched. 3, s. 1 (3). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 161 - 01/01/1998 2001, c. 14, Sched. B, s. 1 - 29/06/2001 2002, c. 7, s. 2
- 03/09/2002 2004, c. 26, s. 1
- 16/12/2004 2016, c. 24, Sched. 2, s. 1 (1, 2) - 05/12/2016 2018, c. 8, Sched. 19, s. 1 (1, 2) - 30/10/2020; 2018, c. 8, Sched. 19, s. 1 (3) - 08/05/2018; 2018, c. 8, Sched. 19, s. 1 (4) - no effect - see 2019, c. 3, Sched. 3, s. 23 - 03/04/2019 2019, c. 3, Sched. 3, s. 1 (1-3) - 03/04/2019 2020, c. 36, Sched. 33, s. 1 (1) - 01/02/2021; 2020, c. 36, Sched. 33, s. 1 (2) - 08/12/2020 2023, c. 11, Sched. 3, s. 1 - 08/06/2023 PART II   COLLEGE