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  Repealed: 2020, c. 36, Sched. 33, s. 25 (1). 4.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4 (2) (a) and governing the qualifications of such persons and related application and nomination procedures; 4.1  Repealed: 2020, c. 36, Sched. 33, s. 25 (1). 4.2  prescribing the form of any oath or affirmation required under this Act or a regulation made under this Act, the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 procedures for the purposes of determining whether a member has contravened the oath or affirmation required under section 4.2; 4.4  governing conflict of interest with respect to members of the Council and for members of committees and persons included on rosters for committees, including, but not limited to, prescribing conflict of interest rules or guidelines and setting out procedures for the purposes of determining whether the rules or guidelines have been broken; 5.  prescribing the conditions for disqualifying members from sitting on the Council and for suspending a person from his or her office as a member of the Council and governing the removal of suspended or disqualified members of the Council; 6.  governing the filling of vacancies on the Council by the departure of members of the Council appointed under clause 4 (2) (a); 6.1  Repealed: 2019, c. 3, Sched. 3, s. 18 (1). 7.  governing terms of office of members of the Council who are appointed under clause 4 (2) (a) and extending such terms by up to six months; 8.  prescribing the quorum of the Council; 9.  establishing regulatory committees; 9.1  governing the composition of, and appointment of persons to, statutory committees, regulatory committees and the Selection and Nominating Subcommittee, the appointment of the Chair and Vice Chair and the qualifications of such persons and related application and nomination procedures; 9.2  prescribing powers and duties of statutory committees, regulatory committees and the Selection and Nominating Subcommittee; 9.3  prescribing the conditions for disqualifying members from sitting on statutory committees, regulatory committees or the Selection and Nominating Subcommittee, for suspending a person from their office as a member of such a committee or subcommittee and governing the removal of suspended or disqualified members of such a committee or subcommittee; 10.  governing the filling of vacancies on statutory committees, regulatory committees and the Selection and Nominating Subcommittee; 11.  governing terms of office of members of statutory committees, regulatory committees and the Selection and Nominating Subcommittee; 12.  respecting practice and procedure of statutory committees, regulatory committees and the Selection and Nominating Subcommittee; 13.  prescribing the quorums of statutory committees, regulatory committees and the Selection and Nominating Subcommittee; 14.  governing the establishment, composition, powers and duties of panels of statutory committees and regulatory committees; 14.1  prescribing the criteria that the Selection and Nominating Subcommittee shall consider in assessing and reviewing applications of persons under subsection 15.2 (4); 14.2  respecting the establishment of a roster of eligible panellists under subsection 17 (4), including prescribing requirements and restrictions that apply for the purpose of including persons on the roster, prescribing qualifications of eligible panellists and requiring persons on the roster to take an oath or affirmation; 14.2.1 governing terms of office of members of the roster of eligible panellists; 14.3  governing, for the purposes of clauses 23 (2) (d.1) and 23 (2.5) (c), whether information respecting current or previous criminal proceedings involving a member should be included on the register or removed from the register; 14.3.1 prescribing a time period for the purposes of subsection 24 (4); 14.4  governing a determination made by the Investigation Committee under clause 26 (2) (c) that a complaint does not warrant further investigation or it is not in the public interest to investigate a complaint further, including prescribing circumstances or conditions in which such a determination may be made; 14.5  governing a determination made by the Registrar under paragraph 1 of subsection 26 (2.2), including prescribing the factors that the Registrar shall consider and the factors that the Registrar shall not consider in making the determination; 14.6  governing the circumstances in which the committee may extend the time period for a member, and prescribing the maximum number of days by which that time period may be extended, for the purposes of subsection 26 (4); 14.7  setting out requirements respecting the investigation stage complaint resolution process or the disciplinary stage complaint resolution process and otherwise governing the processes, including, i.  governing a determination made by the Registrar under clause 26.1 (1) (a) or under an authorization under subsection 30.1 (13), including prescribing factors that the Registrar shall consider and factors that the Registrar shall not consider in making the determination, ii.  prescribing timelines for the complaint resolution processes, iii.  prescribing circumstances in which the resolution of a matter that has been referred to a complaint resolution process shall be considered to have failed for the purposes of subsections 26.1 (9) and 30.1 (5), iv.  governing the circumstances in which a person who made or participated in a decision or referral for the purposes of subsection 26.1 (4) or 30.1 (1) or (2) may be a member of a panel that makes a decision in respect of the matter under section 26 or subsection 30.1 (2), or hears and determines the matter under section 30, as the case may be, v.  prescribing limitations for the purposes of subparagraph 2 iii of subsection 30.1 (13); 14.8  prescribing restrictions on a member’s duties for the purposes of clause 43.2 (6) (e) or (8) (c); 14.9  prescribing employers for the purposes of clause 43.5 (2) (b); 14.10  governing the removal of decisions and resolutions that the College has published on a website under subsection 45.1 (4), for the purposes of clause 45.1 (7) (b); 15.  designating persons or bodies for the purposes of section 47; 16.  prescribing classes of certificates of qualification and registration, including but not limited to classes of certificates that are temporary, provisional or otherwise limited; 17.  respecting terms, conditions and limitations that may be imposed on certificates of qualification and registration; 18.  respecting requirements, including but not limited to standards, qualifications, examinations and experience requirements, for the issuance of certificates of qualification and registration and providing for exemptions from those requirements; 19.  respecting accreditation of teacher education programs offered by post-secondary educational institutions and ongoing education programs for teachers offered by post-secondary educational institutions and other bodies; 20.  respecting requirements, including but not limited to standards, qualifications, examinations and experience requirements in respect of qualifications of members additional to those required for a certificate of qualification and registration, including but not limited to additional qualifications as a supervisory officer; 21.  providing for exemptions from requirements under paragraph 20; 22.  respecting the development, provision and accreditation of educational programs leading to qualifications of members additional to those required for a certificate of qualification and registration, including but not limited to additional qualifications as a supervisory officer; 23.  establishing processes and criteria for granting to members qualifications additional to those required for a certificate of qualification and registration, including but not limited to additional qualifications as a supervisory officer; 23.1  providing for qualifications additional to those required for a certificate of qualification and registration to be indicated on a certificate of qualification and registration or for certificates to be issued for such additional qualifications; 24.  prescribing ongoing education requirements for members; 24.1  governing requirements relating to members’ professional learning about their reporting duties under the Child, Youth and Family Services Act, 2017 and governing how members’ compliance with such requirements is determined; 25.  establishing processes and criteria for suspending certificates of members who fail to meet ongoing education requirements; 26.  establishing processes and criteria for removing the suspension of certificates where the suspension was as a result of failure to meet ongoing education requirements; 27.  establishing processes and criteria for suspending a certificate of qualification and registration under section 275 of the Education Act; 28.  respecting any matter ancillary to this Act with respect to the issuance, expiry, renewal, amendment, suspension, cancellation, revocation and reinstatement of certificates issued under this Act; 29.  requiring employers of members to deduct members’ fees from their salaries and to submit the fees directly to the College, in the manner and within the times specified in the regulations; 30.  prescribing penalties to be paid by employers for the late submission of fees to the College; 31.  prescribing acts and conduct for the purposes of the definition of “professional misconduct” in subsection 1 (1). 32.  prescribing alternative requirements for eligibility for funding under clause 58.1 (3) (b); 33.  prescribing the circumstances in respect of which a person’s eligibility for funding ceases for the purposes of subsection 58.1 (6). 1996, c. 12, s. 40 (1); 2001, c. 9, Sched. E, s. 1 (2); 2001, c. 14, Sched. B, ss. 6-8; 2002, c. 7, s. 3 (1); 2004, c. 26, s. 6; 2006, c. 10, s. 58 (1-7); 2009, c. 33, Sched. 13, s. 2 (5-7, 10, 11); 2016, c. 24, Sched. 2, s. 17 (1-4); 2017, c. 20, Sched. 8, s. 106 (2); 2018, c. 8, Sched. 19, s. 9; 2019, c. 3, Sched. 3, s. 18 (1, 2, 4-7); 2020, c. 36, Sched. 33, s. 25 (1-6); 2023, c. 11, Sched. 3, s. 10. Due process (1.0.1) Without limiting the generality of paragraphs 4.3, 4.4 and 5 of subsection (1), a regulation made under any of those paragraphs shall provide for procedures by which a member may appeal a determination that is adverse to him or her.  2006, c. 10, s. 58 (8). (1.1) Repealed: 2016, c. 24, Sched. 2, s. 17 (5). Copies of regulations (2) The Council shall ensure that a copy of each regulation is available for public inspection in the office of the College.  1996, c. 12, s. 40 (2). Same (3) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any regulation made under this section.  1996, c. 12, s. 40 (3); 2009, c. 33, Sched. 13, s. 2 (9). Filling of vacancies (4) The regulations under paragraphs 7 and 10 of subsection 40 (1) must set out procedures for filling vacancies on the Council, statutory committees, regulatory committees and the Selection and Nominating Subcommittee and must require that each procedure for filling a vacancy begin within 10 days of the vacancy arising.  1996, c. 12, s. 40 (4); 2020, c. 36, Sched. 33, s. 25 (7). Section Amendments with date in force (d/m/y) 2001, c. 14, Sched. B, s. 6, 7 (4), 8 - 29/06/2001 2002, c. 7, s. 3 (1, 2)
- 03/09/2002 2004, c. 26, s. 6 (1-3)
- 16/12/2004 2006, c. 10, s. 58 (1-8)
- 01/06/2006 2009, c. 33, Sched. 13, s. 2 (5-7, 9-11) - 15/12/2009 2016, c. 24, Sched. 2, s. 17 (1-5) - 05/12/2016 2017, c. 20, Sched. 8, s. 106 (2) - 19/10/2021 2018, c. 8, Sched. 19, s. 9 (1) - 08/05/2018; 2018, c. 8, Sched. 19, s. 9 (2) - 01/01/2020 2019, c. 3, Sched. 3, s. 18 (1, 2, 4-7) - 03/04/2019; 2019, c. 3, Sched. 3, s. 18 (3, 8) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 25 (1-7) - 01/02/2021 2023, c. 11, Sched. 3, s. 10 - 08/06/2023