1 (1) In this Act, “by-laws” means the by-laws made under this Act; (“règlements administratifs”) “child” means a person under the age of 18 years; (“enfant”) “College” means the College of Early Childhood Educators established under section 6; (“Ordre”) “complaint resolution process” means a process that includes mediation, conciliation, negotiation, or any other means of facilitating the resolution of issues in dispute; (“processus de règlement des plaintes”) “Council” means the Council of the College established in accordance with section 8; (“conseil”) “health professional” means a member of a health profession within the meaning of the Regulated Health Professions Act, 1991; (“professionnel de la santé”) “Minister” means the Minister of Education or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“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 45 (1) (c.2) of this Act; (“acte sexuel prescrit”) “professional misconduct” means, (a)  sexual abuse of a child, (b)  sexual misconduct, (c)  engaging in prohibited acts involving child pornography, (c.1)  engaging in a prescribed sexual act, (d)  conduct that contravenes this Act, the regulations or the by-laws, (e)  conduct that contravenes an order of the Discipline Committee, the Complaints Committee, the Council or the Registrar, or (f)  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”) “sexual abuse” of a child by a member means, (a)  sexual intercourse or other forms of physical sexual relations between the member and the child, (b)  touching, of a sexual nature, of the child by the member, or (c)  behaviour or remarks of a sexual nature by the member towards the child; (“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 child, where, (a)  one or more children are exposed to the behaviour or remarks, or the member knows or ought to know that one or more children 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 child exposed to the behaviour or remarks, (ii)  being detrimental to the physical or mental well-being of a child, or (iii)  creating a negative environment for a child exposed to the behaviour or remarks. (“inconduite sexuelle”) 2007, c. 7, Sched. 8, s. 1; 2014, c. 11, Sched. 3, ss. 1 (1, 2); 2018, c. 8, Sched. 8, s. 1; 2019, c. 3, Sched. 1, s. 1 (1, 2). Same, electronic means (2) 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. 2014, c. 11, Sched. 3, s. 1 (3). Exception (3) 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 child as part of an early childhood educator’s professional responsibilities, or (b)  remarks that are pedagogically appropriate. 2019, c. 3, Sched. 1, s. 1 (3). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 1 (1-3) - 31/08/2015 2018, c. 8, Sched. 8, s. 1 - 30/10/2020 2019, c. 3, Sched. 1, s. 1 (1-3) - 03/04/2019