43.2 (1) An employer of a member of the College who terminates the member’s employment, suspends the member or imposes restrictions on the member’s duties for reasons of professional misconduct shall file with the Registrar within 30 days after the termination, suspension or restriction a written report setting out the reasons. 2016, c. 24, Sched. 2, s. 21 (1). Same (2) If an employer of a member intended to terminate the member’s employment, to suspend the member or to impose restrictions on the member’s duties for reasons of professional misconduct but the employer did not do so because the member resigned, the employer shall file with the Registrar within 30 days after the resignation a written report setting out the reasons on which the employer had intended to act.  2002, c. 7, s. 4; 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 21 (2). Same (3) If a member resigns while his or her employer is engaged in an investigation into allegations of an act or omission by the member that would, if proven, have caused the employer to terminate the member’s employment, to suspend the member or to impose restrictions on the member’s duties for reasons of professional misconduct, the employer shall file with the Registrar within 30 days after the resignation a written report stating the nature of the allegations being investigated.  2002, c. 7, s. 4; 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 21 (3). Employer information re: termination, etc. (3.1) Where an employer files a report with the Registrar under subsection (1), (2) or (3), the employer shall, (a)  at the same time, provide the member with a copy of the report; and (b)  within 30 days of filing the report, provide the Registrar with any additional information that the employer has that relates to the member’s professional misconduct. 2016, c. 24, Sched. 2, s. 21 (4). Same (3.2) If, after receiving the information under clause (3.1) (b), the Registrar requests that the employer provide the Registrar with more information that relates to the member’s professional misconduct, the employer shall do so within 15 days of receiving the request. 2016, c. 24, Sched. 2, s. 21 (4). Same (3.3) Within 30 days of providing additional information to the Registrar under clause (3.1) (b) or subsection (3.2), the employer shall provide a copy of such information to the member. 2016, c. 24, Sched. 2, s. 21 (4). Registrar to report back (4) Where an employer makes a report to the Registrar under subsection (1), (2) or (3), the Registrar shall, as soon as is reasonably possible, provide the employer with a written report respecting the action, if any, taken by the Registrar in response to the employer’s report.  2002, c. 7, s. 4; 2009, c. 33, Sched. 13, s. 2 (9). Same (5) The following are the employers who shall receive the report referred to in subsection (4): 1.  An employer who employs the member at the time the report referred to in subsection (4) is made. 2.  The employer who made the report respecting the member under subsection (1), (2) or (3). 2016, c. 24, Sched. 2, s. 21 (4). Restrictions (6) For the purposes of this section, where an employer is considered under subsection (7) to employ or to have employed a member, restrictions on a member’s duties include, (a)  restrictions on the age of students, grades or subjects that a member may teach or supervise; (b)  restrictions on a member’s eligibility to teach without supervision; (c)  restrictions on a member’s participation in or supervision of extracurricular activities; (d)  restrictions on a member’s assignment to duties that relate to teaching or education, which may be done by reassigning the member to duties that are not related to teaching or to education; and (e)  any other restriction prescribed by the regulations. 2016, c. 24, Sched. 2, s. 21 (4). Same (7) An employer shall be considered to employ or to have employed a member only if the employer employs or employed the member, (a)  to teach a person who is under 18 years old or, in the case of a person who has special needs, is under 22 years old or to teach a person of any age if the person is a student enrolled in a school or private school in Ontario within the meaning of the Education Act; or (b)  to provide services, including support services, related to the education of a person who is under 18 years old or, in the case of a person who has special needs, is under 22 years old or to provide services, including support services, related to the education of a person of any age if the person is a student enrolled in a school or private school in Ontario within the meaning of the Education Act. 2016, c. 24, Sched. 2, s. 21 (4). Same (8) For the purposes of this section, with respect to an employer other than an employer described in subsection (7), restrictions on a member’s duties include, (a)  restrictions on a member’s eligibility to perform his or her duties without supervision; (b)  restrictions on the services or activities that the member may engage in; or (c)  any other restriction prescribed by the regulations. 2016, c. 24, Sched. 2, s. 21 (4). Interpretation (9) The requirement to report under subsections (1), (2) and (3) applies to all terminations, suspensions and restrictions imposed in the circumstances described in those subsections, regardless of the length or severity of the penalty. 2016, c. 24, Sched. 2, s. 21 (4). Same (10) For greater certainty, this section does not apply in the case of suspensions or restrictions imposed on a member’s duties for reasons other than professional misconduct. 2016, c. 24, Sched. 2, s. 21 (4). Section Amendments with date in force (d/m/y) 2002, c. 7, s. 4
- 03/09/2002 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2016, c. 24, Sched. 2, s. 21 (1-4) - 05/12/2016