jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The practice of early childhood education is the planning and delivery of inclusive play-based learning and care programs for children in order to promote the well-being and holistic development of children, and includes, (a)  the delivery of programs to children 12 years or younger; (b)  the assessment of the programs and of the progress of children in the programs; (c)  communication with the parents or persons with legal custody of the children in the programs in order to improve the development of the children; and (d)  such other services or activities as may be prescribed by the regulations. 2007, c. 7, Sched. 8, s. 2; 2014, c. 11, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 2 - 31/08/2015 Part II   Prohibitions
3 (1) No person shall engage in the practice of early childhood education or hold himself or herself out as able to do so unless the person holds a certificate of registration issued under this Act. 2007, c. 7, Sched. 8, s. 3 (1). Application (2) Subsection (1) does not apply to any of the following persons: 1.  A person employed as a teacher or teaching assistant in an institution that is a school as defined in subsection 1 (1) of the Education Act. 1.1  A person who, under the authority of a letter of permission, is appointed by a board as defined in subsection 1 (1) of the Education Act to a position designated by the board as requiring an early childhood educator. 2.  A person who is employed in a child care centre or by a home child care agency, a person who provides home child care or in-home services or any other person prescribed for the purpose under the Child Care and Early Years Act, 2014 if, pursuant to that Act and the regulations made under it, the person is not required to, i.  hold a certificate of registration, or ii.  satisfy the requirements for qualifying for a certificate prescribed by the regulations made under this Act. 3.  A person who, pursuant to subsection 6 (3) or (4) of the Child Care and Early Years Act, 2014, is not required to hold a licence to operate a child care centre, and who provides child care in the circumstances described in paragraph 2 or 3 of subsection 6 (3) of that Act, or, if relevant, in subsection 6 (4) of that Act. 4.-6.  Repealed: 2014, c. 11, Sched. 3, s. 3 (5). 7.  Any other person or class of persons prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 3 (2); 2010, c. 10, s. 29; 2014, c. 11, Sched. 3, ss. 3 (1, 5). Same (3) The exemption provided under subsection (2) does not apply to a person who has satisfied the educational and training requirements prescribed by the regulations for qualifying for a certificate. 2014, c. 11, Sched. 3, s. 3 (6). Definitions (4) In this subsection, “child care centre”, “home child care agency” and “home child care” have the same meaning as in the Child Care and Early Years Act, 2014. 2014, c. 11, Sched. 3, s. 3 (10). Section Amendments with date in force (d/m/y) 2010, c. 10, s. 29 - 3/06/2010; CTS 20 SE 10 - 2 2014, c. 11, Sched. 3, s. 3 (1-10) - 31/08/2015
4 No person except a member of the College shall use the English title “early childhood educator” or “registered early childhood educator” or the French title “éducatrice de la petite enfance”, “éducateur de la petite enfance”, “éducatrice de la petite enfance inscrite” or “éducateur de la petite enfance inscrit” or an abbreviation of any of those titles to describe themselves or their profession. 2007, c. 7, Sched. 8, s. 4.
5 No person except a member of the College shall represent or hold out expressly or by implication that he or she is a member of the College. 2007, c. 7, Sched. 8, s. 5. PART III 
COLLEGE
6 (1) A college is established under the name College of Early Childhood Educators in English and Ordre des éducatrices et des éducateurs de la petite enfance in French. 2007, c. 7, Sched. 8, s. 6 (1). Body corporate (2) The College is a body corporate without share capital and with all the powers of a natural person. 2007, c. 7, Sched. 8, s. 6 (2). Non-application of certain Acts (3) The Not-for-Profit Corporations Act, 2010
and the Corporations Information Act do not apply to the College. 2007, c. 7, Sched. 8, s. 6 (3); 2010, c. 15, s. 221. Section Amendments with date in force (d/m/y) 2010, c. 15, s. 221 - 19/10/2021 Duty and objects
7 (1) In carrying out its objects, the College’s primary duty is to serve and protect the public interest. 2007, c. 7, Sched. 8, s. 7 (1). Objects (2) The College has the following objects: 1.  To regulate the practice of early childhood education and to govern its members. 2.  To develop, establish and maintain qualifications for membership in the College. 3.  To accredit programs in early childhood education offered by post-secondary educational institutions and other bodies. 3.1  To provide for the ongoing education of members of the College and to accredit ongoing education programs. 4.  To issue certificates of registration to members of the College and to renew, amend, suspend, cancel, revoke and reinstate those certificates. 5.  To establish an appeal mechanism for registration decisions. 6.  To establish and enforce professional standards and ethical standards that are applicable to members of the College and that demonstrate a respect for diversity and a sensitivity to the multicultural character of the Province. 7.  To receive and investigate complaints against members of the College and to deal with issues of discipline, professional misconduct, incompetency and incapacity. 8.  To promote high standards and quality assurance with respect to early childhood educators and to communicate with the public on behalf of the members. 9.  To perform the additional functions prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 7 (2); 2014, c. 11, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 4 - 31/08/2015 Council: Registrar’s role; remuneration
8 (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. 2007, c. 7, Sched. 8, s. 8 (1). Composition of Council (2) The Council shall be composed of, (a)  14 early childhood educators who are members of the College and who are elected by the members of the College in accordance with the by-laws to represent such geographic areas of the Province as may be determined by regulation; (b)  10 persons who are not members of the College and who are appointed by the Lieutenant Governor in Council to represent such sectors of Ontario society as may be prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 8 (2). Role of Registrar (3) The Registrar shall serve as secretary to the Council and has all the rights of participation at meetings of the Council that a Council member has, other than the right to vote. 2007, c. 7, Sched. 8, s. 8 (3). Expenses and remuneration (4) The Minister shall pay to Council members appointed by the Lieutenant Governor in Council the expenses and remuneration determined by the Lieutenant Governor in Council. 2007, c. 7, Sched. 8, s. 8 (4).
9 (1) The term of office of a Council member shall not exceed three years. 2007, c. 7, Sched. 8, s. 9 (1). Multiple terms (2) A person may be a Council member for more than one term but no person may be a Council member for more than 10 consecutive years. 2007, c. 7, Sched. 8, s. 9 (2).
10 (1) Subject to the by-laws, every member of the College who is in good standing is entitled to vote at an election of members of the Council. 2007, c. 7, Sched. 8, s. 10 (1). Member in good standing (2) A member of the College is in good standing for the purposes of this section if, (a)  the member is not in default of payment of a membership fee prescribed by the by-laws; and (b)  the member’s certificate of registration is not suspended. 2007, c. 7, Sched. 8, s. 10 (2).
11 Thirteen members of Council constitute a quorum. 2007, c. 7, Sched. 8, s. 11.
12 If one or more vacancies occur in the membership of the Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by section 11. 2007, c. 7, Sched. 8, s. 12.
13 (1) Subject to subsections (2) and (3), 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. 2007, c. 7, Sched. 8, s. 13 (1). Exceptions (2) The Council may exclude the public, including members of the College, 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 the 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; or (e)  litigation affecting the College will be discussed or instructions will be given to or opinions received from solicitors for the College. 2007, c. 7, Sched. 8, s. 13 (2). Same (3) The Council may also exclude the public, including members of the College, from a meeting or any part of a meeting in which it will deliberate whether to exclude the public from a meeting or part of a meeting. 2007, c. 7, Sched. 8, s. 13 (3).
14 (1) The Council may employ the persons it considers advisable and shall have the officers provided for by the by-laws. 2007, c. 7, Sched. 8, s. 14 (1). Registrar appointed (2) The Council shall appoint one of its employees as the Registrar. 2007, c. 7, Sched. 8, s. 14 (2). Deputy registrars (3) The Council may appoint one or more deputy registrars who shall have the powers of the Registrar as set out in the by-laws. 2007, c. 7, Sched. 8, s. 14 (3). Chief executive officer (4) The Registrar shall be the chief executive officer of the College. 2007, c. 7, Sched. 8, s. 14 (4).
15 (1) The Council shall report annually to the Minister on the activities and financial affairs of the College. 2007, c. 7, Sched. 8, s. 15 (1). Same (2) The report shall include audited financial statements. 2007, c. 7, Sched. 8, s. 15 (2).
16 (1) 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 the Minister believes is necessary or advisable to carry out the objects of the College; (c)  require the Council to make, amend or revoke a regulation under section 43. 2007, c. 7, Sched. 8, s. 16 (1). Council to comply (2) If the Minister requires the 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. 2007, c. 7, Sched. 8, s. 16 (2). Regulations (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 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the regulation. 2007, c. 7, Sched. 8, s. 16 (3).
17 The College shall hold an annual meeting of the members of the College not more than 15 months after the holding of the last preceding annual meeting of members. 2007, c. 7, Sched. 8, s. 17.
18 (1) Every person who holds a certificate of registration is a member of the College, subject to any term, condition or limitation to which the certificate is subject. 2007, c. 7, Sched. 8, s. 18 (1). Suspended members (1.1) Despite subsection (1), a person whose certificate of registration is suspended is not a member of the College during the period of suspension. 2014, c. 11, Sched. 3, s. 5 (1). Resignation of membership (2) A member of the College may resign his or her membership by filing a resignation in writing with the Registrar and when the member does so, the certificate of registration is cancelled upon the acceptance of the resignation by the Registrar. 2007, c. 7, Sched. 8, s. 18 (2); 2014, c. 11, Sched. 3, s. 5 (2). Continuing jurisdiction: revocation, suspension, cancellation (3) A person whose certificate of registration expires or is revoked, suspended or cancelled continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person held a certificate of registration under this Act or during which the person’s certificate was suspended. 2016, c. 24, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 5 (1-3) - 31/08/2015 2016, c. 24, Sched. 1, s. 1 - 05/12/2016
19 (1) The Council shall establish the following committees: 1.  Executive Committee. 2.  Registration Appeals Committee. 3.  Complaints Committee. 4.  Discipline Committee. 5.  Fitness to Practise Committee. 2007, c. 7, Sched. 8, s. 19 (1). Same (2) In appointing persons to the committees mentioned in subsection (1), the Council shall ensure that, (a)  each committee has at least one member who is an elected member of the Council referred to in clause 8 (2) (a); (b)  at least one-third of the members of each committee are appointed members of the Council referred to in clause 8 (2) (b); (c)  no person who is a member of the Complaints Committee is also a member of the Discipline Committee or the Fitness to Practise Committee; and (d)  the appointments are made in accordance with the by-laws. 2007, c. 7, Sched. 8, s. 19 (2). Chair (3) The Council shall appoint one of the members of each committee referred to in subsection (1) as the Chair of that committee. 2007, c. 7, Sched. 8, s. 19 (3). Panels (4) The Chair of a committee mentioned in paragraph 2, 3, 4 or 5 of subsection (1) may appoint panels in accordance with subsection (5) and authorize them to exercise the committee’s powers and perform its duties. 2016, c. 24, Sched. 1, s. 2. Same (5) Each panel appointed under subsection (4) shall be composed in accordance with the following rules: 1.  The panel shall be composed of at least three persons. 2.  A majority of the persons on the panel must be members of the committee. 3.  The panel must include at least one member of the committee who was elected to the Council under clause 8 (2) (a) and at least one member of the committee who was appointed to the Council under clause 8 (2) (b). 4.  A member of the panel who is not a member of the committee must be on a roster of eligible panellists for the committee established under subsection (5.1). 2016, c. 24, Sched. 1, s. 2. Roster of eligible panellists (5.1) The Council may establish a roster of eligible panellists for a committee mentioned in paragraph 2, 3, 4, or 5 of subsection (1), consisting of such persons as the Council considers qualified to serve as members of a panel of the committee. 2016, c. 24, Sched. 1, s. 2. Same (5.2) The Lieutenant Governor in Council may appoint such persons to a roster of panellists under subsection (5.1) as he or she considers appropriate. 2016, c. 24, Sched. 1, s. 2. Same, requirements and restrictions (5.3) The inclusion of any person on a roster for a committee is subject to any requirements and restrictions that may be prescribed by the regulations or by-laws. 2016, c. 24, Sched. 1, s. 2. Not member of committee (5.4) A person included on a roster for a committee is not a member of the committee by reason of his or her inclusion on the roster or his or her service on a panel of the committee. 2016, c. 24, Sched. 1, s. 2. Decision of panel (6) A decision of a panel appointed under subsection (4) shall be deemed to be the decision of the committee whose Chair appointed the panel. 2016, c. 24, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 6 - 31/08/2015 2016, c. 24, Sched. 1, s. 2 - 05/12/2016
20 The Council may establish other committees that the Council from time to time considers necessary. 2007, c. 7, Sched. 8, s. 20.
21 If one or more vacancies occur in the membership of a committee of the Council, the members remaining on the committee constitute the committee so long as their number is not fewer than the quorum established in the by-laws. 2007, c. 7, Sched. 8, s. 21.
22 If, after a committee commences a hearing into a matter, a member of the committee ceases to be a member of the committee, the member shall be deemed, for the purposes of dealing with that matter, to remain a member of the committee until the final disposition of the matter. 2007, c. 7, Sched. 8, s. 22.
23 If, after a committee commences a hearing into a matter, a member of the committee becomes incapacitated, the remaining members of the committee may continue to hear the matter and to render a decision with respect to the matter. 2007, c. 7, Sched. 8, s. 23.
24 The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council other than the power to make, amend or revoke a regulation or by-law. 2007, c. 7, Sched. 8, s. 24. PART IV   REGISTRATION Issuing or refusing to issue certificate of registration
25 (1) The Registrar shall issue a certificate of registration to an applicant if the applicant, (a)  applies for it in accordance with the regulations and the by-laws; (b)  meets the registration requirements prescribed by regulation; and (c)  pays the fees required under the by-laws. 2007, c. 7, Sched. 8, s. 25 (1). Grounds for refusal (2) The Registrar may refuse to issue a certificate of registration if the Registrar has reasonable grounds to believe that, (a)  the past conduct or actions of the applicant afford grounds for belief that the applicant will not perform his or her duties as an early childhood educator, in accordance with the law, including but not limited to this Act, the regulations and the by-laws; or (b)  the applicant does not fulfil the requirements under this Act for the issuance of the certificate. 2007, c. 7, Sched. 8, s. 25 (2). Same (3) Except as otherwise directed under this Act, the Registrar shall refuse to issue a certificate of registration to an applicant who previously held such a certificate of registration that was revoked as a result of a decision of the Discipline Committee or the Fitness to Practise Committee and that was not reinstated under section 36 or 37. 2007, c. 7, Sched. 8, s. 25 (3). Terms, etc., on consent (4) If the Registrar is of the opinion that a certificate of registration should be issued to an applicant with terms, conditions or limitations imposed, and the applicant consents to the imposition, the Registrar may do so. 2016, c. 24, Sched. 1, s. 3. Same (5) Limitations that may be imposed on consent under subsection (4) include the fixing of a period of not longer than one year during which the applicant may not apply under section 28.1. 2016, c. 24, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 7 - 31/08/2015 2016, c. 24, Sched. 1, s. 3 - 05/12/2016
26 (1) The Registrar shall give an applicant for a certificate of registration, at the applicant’s request, a copy of each document the College has that is relevant to the application. 2007, c. 7, Sched. 8, s. 26 (1). Exception (2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person. 2007, c. 7, Sched. 8, s. 26 (2).
27 (1) If the Registrar proposes to do one of the following, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant: 1.  Refuse to issue a certificate of registration. 2.  Impose terms, conditions or limitations to which the applicant has not consented on a certificate of registration to be issued. 3.  Repealed: 2016, c. 24, Sched. 1, s. 4 (1). 2007, c. 7, Sched. 8, s. 27 (1); 2014, c. 11, Sched. 3, s. 8; 2016, c. 24, Sched. 1, s. 4 (1). Exception (2) Subsection (1) does not apply if the Registrar refuses to issue a certificate under subsection 25 (3). 2007, c. 7, Sched. 8, s. 27 (2). 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). 2007, c. 7, Sched. 8, s. 27 (3). Request for review (4) The request for review shall be in writing and shall be served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant. 2007, c. 7, Sched. 8, s. 27 (4). Submissions (5) The request for review may be accompanied by written submissions. 2007, c. 7, Sched. 8, s. 27 (5). Power of Registrar if no request (6) If an applicant does not request a review in accordance with subsection (4), the Registrar shall carry out the proposal stated in the notice under subsection (1). 2007, c. 7, Sched. 8, s. 27 (6). Same (7) Where the Registrar imposes terms, conditions or limitations on the applicant’s certificate of registration under subsection (6), the Registrar may fix a period of not longer than one year during which the applicant may not apply under section 28.1. 2016, c. 24, Sched. 1, s. 4 (2). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 8 - 31/08/2015 2016, c. 24, Sched. 1, s. 4 (1, 2) - 05/12/2016.
28 (1) If an applicant requests a review in accordance with subsection 27 (4), the Registration Appeals Committee shall conduct the review. 2007, c. 7, Sched. 8, s. 28 (1). Exception (2) Despite subsection (1), the Committee shall refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process. 2007, c. 7, Sched. 8, s. 28 (2). Extension of time for requesting review (3) The Committee may extend the time for requesting a review under subsection 27 (4) if it is satisfied that there are apparent grounds for granting relief on the review and that there are reasonable grounds for applying for the extension. 2007, c. 7, Sched. 8, s. 28 (3). Examination of documents, submissions (4) Subject to subsection (5), the Committee shall ensure that the person requesting the review is given an opportunity to examine and make written submissions on any documents that the Committee intends to consider in making its decision on the review. 2007, c. 7, Sched. 8, s. 28 (4). Exception (5) The Committee may refuse to give a person an opportunity to examine a document if doing so may, in the Committee’s opinion, jeopardize the safety of any person. 2007, c. 7, Sched. 8, s. 28 (5). No hearing (6) Except as provided by section 27 and this section, the Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this part. 2007, c. 7, Sched. 8, s. 28 (6). Order (7) After considering the request for review, the submissions and any document that the Committee considers relevant, the Committee may make an order doing one or more of the following: 1.  Directing the Registrar to issue the certificate of registration. 2.  Directing the Registrar to issue the certificate of registration and to make it subject to specified terms, conditions or limitations. 3.  Directing the Registrar to vary or remove specified terms, conditions or limitations in the Registrar’s proposal. 4.  Directing the Registrar to refuse to issue a certificate of registration. 2007, c. 7, Sched. 8, s. 28 (7); 2014, c. 11, Sched. 3, s. 9. Same (7.1) Where the Registration Appeals Committee makes an order under paragraph 2 or 3 of subsection (7), the Committee may fix a period of not longer than one year during which the person who requested the review may not apply under section 28.1. 2016, c. 24, Sched. 1, s. 5. Service of decision on parties (8) The Committee shall give its decision under this section in writing to the Registrar, with reasons, within 60 days after considering the request for review and shall serve the person who requested the review with a copy. 2007, c. 7, Sched. 8, s. 28 (8). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 9 - 31/08/2015 2016, c. 24, Sched. 1, s. 5 - 05/12/2016
28.1 (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 on the member’s certificate of registration by the Registrar or the Registration Appeals Committee. 2016, c. 24, Sched. 1, s. 6. Same (2) The application must be, (a)  made in writing; and (b)  accompanied by the fee prescribed for the purpose by the by-laws. 2016, c. 24, Sched. 1, s. 6. Limitations (3) The right to apply under subsection (1) is subject to, (a)  any limitation imposed by the Registrar or the Registration Appeals Committee under section 25, 27 or 28; and (b)  any limitation imposed under subsection (8) in the disposition of a previous application under this section. 2016, c. 24, Sched. 1, s. 6. Submissions (4) The application may be accompanied by written submissions. 2016, c. 24, Sched. 1, s. 6. Examination of documents, submissions (5) The Registration Appeals Committee shall ensure that the applicant is given an opportunity to examine and make written submissions on any documents that the Committee intends to consider in making its decision on the application. 2016, c. 24, Sched. 1, s. 6. No hearing (6) Except as provided by this section, the Registration Appeals Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this section. 2016, c. 24, Sched. 1, s. 6. Orders (7) After considering the application, the submissions and any document that the Committee considers relevant, the Registration Appeals Committee may make an order doing one or more of the following: 1.  Refusing the application. 2.  Directing the Registrar to remove any term, condition or limitation imposed on the certificate of registration. 3.  Directing the Registrar to impose specified terms, conditions or limitations on the certificate of registration. 2016, c. 24, Sched. 1, s. 6. Limitations on application (8) The Registration Appeals Committee, in disposing of an application under this section, may fix a period of not longer than six months during which the applicant may not apply under subsection (1). 2016, c. 24, Sched. 1, s. 6. Order to return fee (9) The Registration Appeals Committee may order that the fee paid under subsection (2) be returned to the applicant where, in the opinion of the Committee, to do so would be appropriate in all the circumstances. 2016, c. 24, Sched. 1, s. 6. Service of decision on applicant (10) The Registration Appeals Committee shall give its decision under this section in writing, with reasons, and shall serve the applicant with a copy. 2016, c. 24, Sched. 1, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 1, s. 6 - 05/12/2016
30 (1) The Registrar may suspend the certificate of registration of a member of the College 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. 2007, c. 7, Sched. 8, s. 30 (1). Same (2) The Registrar shall not suspend a member’s certificate of registration without first giving the member two months notice of the default and intention to suspend. 2007, c. 7, Sched. 8, s. 30 (2). Reinstatement (3) Subject to subsection (4), a person whose certificate of registration was suspended 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. 2014, c. 11, Sched. 3, s. 11. Revocation (4) If a certificate of registration is suspended under subsection (1) and the suspension is not removed for the period of time prescribed by the regulations, the Registrar may revoke the certificate of registration. 2014, c. 11, Sched. 3, s. 11. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 30 - 3/06/2010 2014, c. 11, Sched. 3, s. 11 - 31/08/2015 PART V   COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE
31.2 (1) Subject to subsection (2), the Complaints Committee shall use its best efforts to dispose of a complaint within 120 days after the complaint is filed as described in clause 31 (3) (a). 2014, c. 11, Sched. 3, s. 13. Complaint resolution process (2) If the Registrar refers a matter to a complaint resolution process under subsection 31.1 (1), (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 31.1 (7) or (8) shall not be counted. 2014, c. 11, Sched. 3, s. 13. If complaint not disposed of (3) If the Committee has not disposed of a complaint within 120 days after the complaint was filed, the Registrar shall provide the complainant and the member who is the subject of the complaint with written notice of that fact and an expected date of disposition which shall be no more than 90 days from the date of the written notice. 2014, c. 11, Sched. 3, s. 13. If further delay (4) If the Committee has not disposed of the complaint by the expected date of disposition described in subsection (3), the Registrar shall provide the member and complainant with written notice and reasons for the delay and the new expected date of disposition which shall be no more than 30 days from the date of the revised notice or from the expected date of disposition described in subsection (3), whichever is sooner. 2014, c. 11, Sched. 3, s. 13. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 13 - 31/08/2015 Reference to certain committees; interim suspensions
32 (1) The Council or the Executive Committee 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. 2007, c. 7, Sched. 8, s. 32 (1). Same (2) The Council or the Executive Committee 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. 2007, c. 7, Sched. 8, s. 32 (2). Interim suspension (3) The Council or the Executive Committee may make an interim order directing the Registrar to suspend the certificate of registration of a member of the College or impose terms, conditions or limitations on a member’s certificate of registration if, (a)  an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Practise Committee; and (b)  the Council or the Executive Committee believes that the actions or conduct of the member directly or indirectly exposes or is likely to expose a child to harm or injury. 2007, c. 7, Sched. 8, s. 32 (3). Restriction (4) No order shall be made under subsection (3) unless the member has been given, (a)  notice of the Council’s or the Executive Committee’s intention to make the order; and (b)  at least 14 days to make written submissions to the Council or the Executive Committee. 2007, c. 7, Sched. 8, s. 32 (4). Same (5) Clause (4) (b) does not apply if the Council or the Executive Committee believes that the delay would be inappropriate in view of the risk of harm or injury to any child. 2007, c. 7, Sched. 8, s. 32 (5). No hearing (6) Except as provided by this section, the Council or the Executive Committee need not hold a hearing or afford any person an opportunity to make oral or written submissions before making a decision or giving a direction under this section. 2007, c. 7, Sched. 8, s. 32 (6). Procedure following order (7) If an order is made under subsection (3) in relation to a matter referred to the Discipline Committee or to the Fitness to Practise Committee, (a)  the Council or the Executive Committee shall ensure that the committee proceed with the matter expeditiously; and (b)  the committee shall give precedence to the matter. 2007, c. 7, Sched. 8, s. 32 (7). Duration of order (8) An order under subsection (3) continues in force until the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee. 2007, c. 7, Sched. 8, s. 32 (8).
32.1 (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. 2017, c. 14, Sched. 4, s. 12. (2) Repealed: 2016, c. 24, Sched. 1, s. 10. Referral to Executive Committee (3) The Registrar shall promptly refer a complaint described in subsection (1) to the Executive Committee. 2014, c. 11, Sched. 3, s. 14. Consideration by Executive Committee (4) If a complaint is referred to the Executive Committee under subsection (3), the Executive Committee shall consider whether or not to make a direction under subsection 32 (1) and, if it makes such a direction, shall also consider whether or not to make an interim order under subsection 32 (3). 2014, c. 11, Sched. 3, s. 14. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 14 - 31/08/2015 2016, c. 24, Sched. 1, s. 10 - 05/12/2016 2017, c. 14, Sched. 4, s. 12 - 30/04/2018
32.2 (1) The Council or the Executive Committee may make an interim order directing the Registrar to suspend a member’s certificate of registration or impose terms, conditions or limitations on a member’s certificate of registration if, (a)  a complaint is referred to the Council or the Executive Committee by the Complaints  Committee under subsection 31 (1.2.1) or following the appointment of an investigator under section 39; and (b)  the Council or the Executive Committee is of the opinion that the actions or conduct of the member exposes or is likely to expose a child to harm or injury. 2018, c. 8, Sched. 8, s. 4. Restriction (2) No order shall be made under subsection (1) unless the member has been given, (a)  notice of the Executive Committee’s or the Council’s intention to make the order; and (b)  at least 14 days to make written submissions to the Executive Committee or the Council. 2018, c. 8, Sched. 8, s. 4. Same (3) Clause (2) (b) does not apply where the Executive Committee or the Council is of the opinion that the delay would be inappropriate in view of the risk of harm or injury to a child. 2018, c. 8, Sched. 8, s. 4. No hearing (4) Except as provided by this section, the Executive Committee or the Council need not hold a hearing or afford any person an opportunity to make oral or written submissions before making a decision or giving a direction under this section. 2018, c. 8, Sched. 8, s. 4. Procedure following order (5) If an order is made under subsection (1), the Complaints Committee shall consider and investigate the matter in accordance with section 31 expeditiously. 2018, c. 8, Sched. 8, s. 4. Same (6) If the Complaints Committee directs under clause 31 (5) (a) that the matter be referred, in whole or in part, to the Discipline Committee or the Fitness to Practise Committee, (a)  the College shall prosecute the matter expeditiously; and (b)  the Discipline Committee or the Fitness to Practise Committee shall give precedence to the matter. 2018, c. 8, Sched. 8, s. 4. Duration of order (7) An order under subsection (1) continues in force until the Complaints Committee makes a decision under clauses 31 (5) (b) to (e) or the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee. 2018, c. 8, Sched. 8, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 8, s. 4 - 08/05/2018
33.3 A member’s certificate of 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 33 (4) or (5) in which the member was found guilty of an act of professional misconduct consisting of or including sexual abuse of a child or a prohibited act involving child pornography and, (a)  the Discipline Committee did not order a revocation of the member’s certificate of registration; or (b)  the Discipline Committee ordered a revocation but the member’s certificate of registration was later reinstated under subsection 36 (6) or 37 (1). 2020, c. 36, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 9, s. 3 - 08/12/2020
34 (1) The Fitness to Practise Committee shall, (a)  hear and determine matters directed or referred to it under section 31, 32 or 36; and (b)  perform any other duties assigned to it by the Council. 2007, c. 7, Sched. 8, s. 34 (1). Incapacity (2) The Fitness to Practise Committee may, after a hearing, find a member of the College to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that, (a)  the member is unfit to continue to carry out his or her professional responsibilities; or (b)  the member’s certificate of registration should be made subject to terms, conditions or limitations. 2007, c. 7, Sched. 8, s. 34 (2). Powers of Fitness to Practise Committee (3) If the Fitness to Practise Committee finds a member to be incapacitated, it shall make an order doing one or more of the following: 1.  Directing the Registrar to revoke the member’s certificate of registration. 2.  Directing the Registrar to suspend the member’s certificate of registration for a specified period, not exceeding 24 months. 3.  Directing the Registrar to impose specified terms, conditions or limitations on the member’s certificate of registration. 4.  Directing that the Registrar not carry out a direction made under paragraph 1, 2 or 3 for a specified period and not carry out the direction at all if specified terms are met within that period. 2007, c. 7, Sched. 8, s. 34 (3). Same (4) In making an order under paragraph 4 of subsection (3), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the production to the Committee of evidence satisfactory to it that any physical or mental condition or disorder in respect of which a direction was issued has been resolved. 2007, c. 7, Sched. 8, s. 34 (4). Same (5) In making an order revoking or suspending a certificate of registration or imposing terms, conditions or limitations on a certificate of registration, the Committee may fix a period during which the member may not apply under section 36. 2007, c. 7, Sched. 8, s. 34 (5). (6) Repealed: 2014, c. 11, Sched. 3, s. 17. Costs (7) If the Fitness to Practise Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member for his or her costs or the portion of them fixed by the Committee. 2007, c. 7, Sched. 8, s. 34 (7). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 17 - 31/08/2015
35.1 (1) In situations under section 35 or 36 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. 2014, c. 11, Sched. 3, s. 19; 2016, c. 24, Sched. 1, s. 14 (1). Same, complaint resolution process (2) In situations under section 33.1 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 complaint resolution process under subsection 33.1 (1), including orders banning the publication or broadcasting of those matters. 2014, c. 11, Sched. 3, s. 19; 2016, c. 24, Sched. 1, s. 14 (2). Witnesses, under 18 years (3) The Discipline Committee shall make an order that no person shall publish the identity of, or any information that could disclose the identity of, any person who is under 18 years old and, (a)  is a witness in a hearing; (b)  is the subject of evidence in a hearing; or (c)  is the subject of, or otherwise involved in, a matter referred to a complaint resolution process under subsection 33.1 (1). 2014, c. 11, Sched. 3, s. 19. Same, sexual abuse, sexual misconduct or child pornography (4) If a matter disclosed at a hearing involves an allegation of sexual abuse of a child, sexual misconduct, a prohibited act involving child pornography or a prescribed sexual act, the Discipline Committee shall make an order that no person shall publish the identity of, or any information that could disclose the identity of, the person who was allegedly sexually abused or the subject of the misconduct or prohibited act, on the request of that person. 2014, c. 11, Sched. 3, s. 19; 2019, c. 3, Sched. 1, s. 6. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 19 - 31/08/2015 2016, c. 24, Sched. 1, s. 14 (1, 2) - 05/12/2016 2019, c. 3, Sched. 1, s. 6 - 03/04/2019 PART VI   REINSTATEMENT AND VARIATION Reinstatement or variation
37 (1) The Council or Executive Committee 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 of registration to the person. 2.  Directing the Registrar to remove the suspension of the person’s certificate of registration. 2007, c. 7, Sched. 8, s. 37. Same, sexual abuse, etc. (2) Subject to subsections (3) and (4), if a person has had a certificate revoked for committing an act of professional misconduct that consisted of or included any of the following, an order under paragraph 1 of subsection (1) shall not be made earlier than five years from the date of the order under section 33 that revoked the certificate: 1.  Sexual abuse of a child. 2.  Sexual misconduct. 3.  A prohibited act involving child pornography. 4.  A prescribed sexual act. 2019, c. 3, Sched. 1, s. 8. Same (3) An order under subsection (1) shall not be made if, (a)  a person’s certificate was suspended or revoked as the result of a complaint made under subsection 31 (1) involving an act of professional misconduct referred to in paragraph 1, 2 or 3 of subsection (2) of this section; and (b)  the complaint was made on or after December 5, 2016. 2019, c. 3, Sched. 1, s. 8. Same (4) An order under subsection (1) shall not be made if, (a)  a person’s certificate was suspended or revoked as the result of a complaint made under subsection 31 (1) involving a prescribed sexual act; and (b)  the complaint was made on or after the day that offence was prescribed under clause 45 (1) (c.2) as a prescribed sexual act. 2019, c. 3, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 3, s. 21 - 31/08/2015 2016, c. 24, Sched. 1, s. 16 - 05/12/2016 2019, c. 3, Sched. 1, s. 8 - 03/04/2019 PART VII   APPEALS TO COURT
38 (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. 2007, c. 7, Sched. 8, s. 38 (1). Same (2) For purposes of this section, (a)  a person who requests a review under section 27 is a party to the review under section 27 by the Registration Appeals Committee; and (b)  a person who applies for an order under section 28.1 is a party to the proceeding under section 28.1 by the Registration Appeals Committee. 2016, c. 24, Sched. 1, s. 17. 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 record of the proceeding, including any documents received in evidence and the decision or order appealed from. 2007, c. 7, Sched. 8, s. 38 (3). Powers of court on appeal (4) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee may take and that the court considers appropriate and, for the purpose, the court may substitute its opinion for that of the committee or the court may refer the matter back to the committee for rehearing, in whole or in part, in accordance with any directions the court considers appropriate. 2007, c. 7, Sched. 8, s. 38 (4). Effect of appeal (5) An appeal from a decision or order of a committee mentioned in subsection (1) does not operate as a stay of that decision or order. 2007, c. 7, Sched. 8, s. 38 (5). Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 1, s. 17 - 05/12/2016 PART VIII   REGISTRAR’S POWERS OF INVESTIGATION
39 (1) If the Registrar believes on reasonable and probable grounds, (a)  that a member of the College 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. 2007, c. 7, Sched. 8, s. 39 (1). Approval of Executive Committee (2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee. 2007, c. 7, Sched. 8, s. 39 (2). Emergencies (2.1) The Registrar may appoint an investigator if, (a)  the Registrar believes on reasonable and probable grounds that the conduct of the member exposes or is likely to expose one or more children to harm or injury, and that the investigator should be appointed immediately; and (b)  there is not time to seek approval from the Executive Committee. 2014, c. 11, Sched. 3, s. 22. Report (2.2) Where an investigator has been appointed under subsection (2.1), the Registrar shall report the appointment of the investigator to the Executive Committee within five days. 2014, c. 11, Sched. 3, s. 22. Powers of investigator (3) The investigator may inquire into and examine the conduct or actions of the member to be investigated as the conduct or actions relate to the matter the Registrar sought to be investigated in appointing the investigator. 2007, c. 7, Sched. 8, s. 39 (3). Application of Public Inquiries Act, 2009 (4) Section 33 of the Public Inquiries Act, 2009 applies to the investigation.  2009, c. 33, Sched. 6, s. 52. Entry on work premises (5) The investigator may, on production of his or her appointment, enter at any reasonable time the place of work of the member or the premises of the member’s employer and may examine any document, record or thing found there that is relevant to the investigation. 2007, c. 7, Sched. 8, s. 39 (5). Obstruction of investigator (6) No person shall obstruct an investigator in the course of his or her duties or withhold or conceal from him or her or destroy anything that is relevant to the investigation. 2007, c. 7, Sched. 8, s. 39 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 52 - 1/06/2011 2014, c. 11, Sched. 3, s. 22 - 31/08/2015