58.1 (1) There shall be a program, established and administered by the College, to provide funding for the following purposes in connection with allegations of sexual abuse, a prescribed sexual act or a prohibited act involving child pornography by members: 1.  Therapy and counselling for the student who is the subject of sexual abuse a prescribed sexual act or a prohibited act involving child pornography in which an allegation has been made against a member. 2.  Any other purposes prescribed by regulations made under clause 42 (1) (d.0.2). 2018, c. 8, Sched. 19, s. 13; 2020, c. 36, Sched. 33, s. 33 (1, 2). Funding governed by regulations (2) The funding shall be provided in accordance with the regulations. 2018, c. 8, Sched. 19, s. 13. Eligibility (3) A person is eligible for funding if, (a)  it is alleged in a complaint or report against a member received by the College that the student was the subject of sexual abuse, a prescribed sexual act or a prohibited act involving child pornography; or (b)  the alternative requirements prescribed by the regulations made by the Council are satisfied. 2018, c. 8, Sched. 19, s. 13; 2020, c. 36, Sched. 33, s. 33 (3); 2023, c. 11, Sched. 3, s. 17. Timing (4) Where a request is made for funding pursuant to subsection (1), a determination of the person’s eligibility for such funding in accordance with subsection (3) shall be made within a reasonable period of time of the request having been received. 2018, c. 8, Sched. 19, s. 13. Not a finding (5) The determination of a person’s eligibility for funding in accordance with subsection (3) does not constitute a finding against the member and shall not be considered by any committee of the College dealing with the member. 2018, c. 8, Sched. 19, s. 13. Cessation of eligibility (6) Despite subsection (3), a person’s eligibility to receive funding pursuant to subsection (1) ceases upon the occurrence of any of the prescribed circumstances. 2018, c. 8, Sched. 19, s. 13. No assessment (7) A person is not required to undergo a psychological or other assessment before receiving funding. 2018, c. 8, Sched. 19, s. 13. Choice of therapist or counsellor (8) A person who is eligible for funding under subsection (3) is entitled to choose any therapist or counsellor, subject to the following restrictions: 1.  The therapist or counsellor must not be a person to whom the eligible person has any family relationship. 2.  The therapist or counsellor must not be a person who, to the College’s knowledge, has at any time or in any jurisdiction been found guilty of professional misconduct of a sexual nature or been found civilly or criminally liable for an act of a similar nature. 3.  If the therapist or counsellor is not a health professional, the College may require the person to sign a document indicating that he or she understands that the therapist or counsellor is not subject to professional discipline. 2018, c. 8, Sched. 19, s. 13. Payment (9) Funding shall be paid only to the therapist or counsellor chosen by the person or to other persons or classes of persons prescribed by any regulation made under clause 42 (1) (d.0.2). 2018, c. 8, Sched. 19, s. 13. Use of funding (10) Funding shall be used only to pay for therapy or counselling and for any other purposes prescribed by any regulation made under clause 42 (1) (d.0.2) and shall not be applied directly or indirectly for any other purpose. 2018, c. 8, Sched. 19, s. 13. Same (11) Funding may be used to pay for therapy or counselling that was provided at any time after the alleged sexual abuse, prescribed sexual act or prohibited act involving child pornography took place. 2018, c. 8, Sched. 19, s. 13; 2020, c. 36, Sched. 33, s. 33 (4). Other coverage (12) The funding that is provided to a person for therapy and counselling shall be reduced by the amount that the Ontario Health Insurance Plan or a private insurer is required to pay for therapy or counselling for the person during the period of time during which funding may be provided for the person under the program. 2018, c. 8, Sched. 19, s. 13. Right of recovery (13) The College is entitled to recover from the member, in a proceeding brought in a court of competent jurisdiction, money paid in accordance with this section for an eligible person where the Discipline Committee has made a finding that, (a)  the member has committed an act of professional misconduct that consisted of or included sexual abuse, a prescribed sexual act or a prohibited act involving child pornography; and (b)  the eligible person was the subject of the sexual abuse, prescribed sexual act or prohibited act involving child pornography. 2018, c. 8, Sched. 19, s. 13; 2020, c. 36, Sched. 33, s. 33 (5, 6). Person not required to testify (14) The eligible person shall not be required to appear at or testify in the proceeding referred to in subsection (13). 2018, c. 8, Sched. 19, s. 13. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 19, s. 13 - 01/01/2020 2020, c. 36, Sched. 33, s. 33 (1-6) - 08/12/2020 2023, c. 11, Sched. 3, s. 17 - 08/06/2023 PART XI   TRANSITIONAL PROVISIONS 59 Repealed:  2006, c. 10, s. 61. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 61
- 01/06/2006