63.1 (1) In this section, “commencement date” means the day the Protecting Students Act, 2016 receives Royal Assent. 2016, c. 24, Sched. 2, s. 31. Matters begun before commencement date (2) If, before the commencement date, a complaint was made under subsection 26 (1), an application was made under subsection 33 (1) or (2) or an employer’s report was made under section 43.2 or 43.3, the following rules apply: 1.  Subsection 17 (2.1), as it read on the day before section 9 of Schedule 33 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 came into force, applies to the matter, in the case of a committee to which the matter was referred on or after the commencement date but before the day section 9 of Schedule 33 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force. 1.1  Subsection 17 (2) applies to the matter, except in the case of a committee to which the matter was referred before the commencement date. 2.  The amendments made by Schedule 2 to the Protecting Students Act, 2016 to subsection 23 (2), and subsection 23 (2.8), apply to the matter, unless before the commencement date an order has been made in respect of the matter under subsection 30 (4), 31 (3) or 33 (6). 3.  Unless before the commencement date an order has been made in respect of the matter under subsection 30 (4), 31 (3) or 33 (6), in dealing with the matter, the Registrar or a committee, as the case may be, shall apply the amendments made by Schedule 2 to the Protecting Students Act, 2016 to Parts IV, V and VI to the extent possible, but are not required to, i.  return to an earlier stage or repeat earlier steps in dealing with the matter, or ii.  change any determination or decision that was made before the commencement date. 4.  Paragraph 3 does not apply for the purposes of section 30.2 and subsections 33 (4.1) and 34 (2). 5.  Despite paragraph 3, subsection 26 (4.1) does not apply in the case of explanations or representations that were submitted under clause 26 (3) (b) before the commencement date. 6.  Despite paragraph 3, section 26.2 does not apply to the matter. 7.  Section 45.1 applies to the matter, unless before the commencement date an order has been made in respect of the matter under subsection 30 (4), 31 (3) or 33 (6). 2016, c. 24, Sched. 2, s. 31; 2020, c. 36, Sched. 33, s. 34. Register (3) For the purposes of clauses 23 (2) (b), (b.1) and (d.1), the register is not required to contain the following information, other than such information that the register was required to contain before the commencement date: 1.  Terms, conditions or limitations imposed on a certificate before the commencement date. 2.  Restrictions imposed on a member’s eligibility to teach before the commencement date. 3.  Information about criminal proceedings that was provided to the Registrar before the commencement date. 2016, c. 24, Sched. 2, s. 31. Same (4) Clause 23 (2.5) (a) applies for the purposes of any terms, conditions or limitations imposed on a certificate that the register contained on the commencement date. 2016, c. 24, Sched. 2, s. 31. Section 30.2 re sexual abuse (5) Section 30.2 applies to an act of professional misconduct that consisted of or included sexual abuse of a student that occurred before the commencement date, if no order has been made in respect of the matter under subsection 30 (4) before the commencement date. 2016, c. 24, Sched. 2, s. 31; 2019, c. 3, Sched. 3, s. 21 (2). Subsections 33 (4.1) and 34 (2) re application for reinstatement (6) Subsections 33 (4.1) and 34 (2) apply to an act of professional misconduct that consisted of or included sexual abuse of a student that occurred before the commencement date, if no order has been made in respect of the matter under subsection 30 (4) before the commencement date. 2016, c. 24, Sched. 2, s. 31; 2019, c. 3, Sched. 3, s. 21 (3). Same (7) Subsections (5) and (6) apply whether the complaint or employer’s report was made before or after the commencement date. 2016, c. 24, Sched. 2, s. 31. Same (8) For the purposes of the meaning of sexual abuse of a student in subsections (5) and (6), subsections 1 (2) to (5) apply. 2016, c. 24, Sched. 2, s. 31. Subsection 35 (5) re stay of certain orders pending appeal (9) Subsection 35 (5) does not apply to an order made before the commencement date. 2016, c. 24, Sched. 2, s. 31. Sections 43.2, 43.3 and 43.4 re employer’s reports (10) The amendments made by Schedule 2 to the Protecting Students Act, 2016 to sections 43.2, 43.3 and 43.4 do not apply to a report made under those sections before the commencement date. 2016, c. 24, Sched. 2, s. 31. Subsection 47 (2) re provision of information (11) For the purposes of subsection 47 (2), if before the commencement date the College required a person or body to provide information, and did not specify a time period within which the information must be provided, the person or body shall do so within 30 days of the commencement date. 2016, c. 24, Sched. 2, s. 31. Section Amendments with date in force (d/m/y) 2001, c. 14, Sched. B, s. 11 - 29/06/2001; 2001, c. 24, s. 7 (1-3)
- 12/12/2001 2004, c. 26, s. 10
- 16/12/2004 2016, c. 24, Sched. 2, s. 31 - 05/12/2016 2019, c. 3, Sched. 3, s. 21 (1) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020; 2019, c. 3, Sched. 3, s. 21 (2, 3) - 03/04/2019 2020, c. 36, Sched. 33, s. 34 - 01/02/2021 Transition: Safe and Supportive Classrooms Act, 2019