jswizzle3737/ontario_laws_and_regs huggingface dataset:
35 (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.  1996, c. 12, s. 35 (1). Same (2) For the purposes of this section, (a)  a person who requests a review under section 21 is a party to the review under section 21 by the Registration Appeals Committee; and (b)  a person who applies for an order under section 22 is a party to the proceeding under section 22 by the Registration Appeals Committee.  1996, c. 12, s. 35 (2); 2001, c. 14, Sched. B, s. 5; 2004, c. 26, s. 5. 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.  1996, c. 12, s. 35 (3); 2009, c. 33, Sched. 13, s. 2 (9). 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 such directions as the court considers appropriate.  1996, c. 12, s. 35 (4). No stay of certain orders pending appeal (5) The following orders directing the Registrar to revoke, suspend or impose terms, conditions or limitations on a member’s certificate take effect immediately despite any appeal: 1.  An order made by the Discipline Committee on the grounds of incompetence. 2.  An order made by the Discipline Committee on the grounds of professional misconduct. 3.  An order made by the Fitness to Practise Committee on the grounds of incapacity. 2016, c. 24, Sched. 2, s. 15; 2023, c. 11, Sched. 3, s. 9. Orders where public at risk (6) If the conduct of the member exposes or is likely to expose one or more students to harm or injury and urgent intervention is needed, the College may apply to a judge of the Superior Court of Justice for an order declaring that an order that was made by the Discipline Committee on the grounds of professional misconduct and that directs the Registrar to revoke, suspend or impose terms, conditions or limitations on the member’s certificate shall take effect immediately despite any appeal and any other Act. 2016, c. 24, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2001, c. 14, Sched. B, s. 5 - 29/06/2001 2004, c. 26, s. 5
- 16/12/2004 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2016, c. 24, Sched. 2, s. 15 - 05/12/2016 2023, c. 11, Sched. 3, s. 9 - 08/06/2023 PART VIII   REGISTRAR’S POWERS OF INVESTIGATION
36 (1) Where the Registrar believes on reasonable and probable grounds, (a)  that a member 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.  1996, c. 12, s. 36 (1); 2009, c. 33, Sched. 13, s. 2 (9). Approval of Adjudicative Body of Chairs (2) The Registrar shall not make an appointment under subsection (1) without the approval of the Adjudicative Body of Chairs.  1996, c. 12, s. 36 (2); 2009, c. 33, Sched. 13, s. 2 (9); 2020, c. 36, Sched. 33, s. 23. 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 students to harm or injury, and that the investigator should be appointed immediately; and (b)  there is not time to seek approval from the Adjudicative Body of Chairs. 2016, c. 24, Sched. 2, s. 16; 2020, c. 36, Sched. 33, s. 23. Report (2.2) Where an investigator has been appointed under subsection (2.1), the Registrar shall report the appointment of the investigator to the Adjudicative Body of Chairs within five days. 2016, c. 24, Sched. 2, s. 16; 2020, c. 36, Sched. 33, s. 23. 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 member’s professional responsibilities.  1996, c. 12, s. 36 (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. 76. Same (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 anything found there that is relevant to the investigation.  1996, c. 12, s. 36 (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.  1996, c. 12, s. 36 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 76 - 01/06/2011; 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2016, c. 24, Sched. 2, s. 16 - 05/12/2016 2020, c. 36, Sched. 33, s. 23 - 01/02/2021
37 (1) A justice of the peace may, on the application of an investigator, issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that, (a)  the member being investigated has committed an act of professional misconduct or is incompetent or incapacitated; and (b)  there is something relevant to the investigation at the place. Searches by day unless stated (2) A warrant issued under subsection (1) does not authorize an entry or search after sunset and before sunrise unless it is expressly stated in the warrant. Assistance and entry by force (3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force. Investigator to show identification (4) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification, on request, to any person at the place.  1996, c. 12, s. 37. Relevant documents and objects
38 (1) An investigator may copy, at the College’s expense, a document or object that an investigator may examine under section 36 or under the authority of a warrant issued under section 37. Removal (2) An investigator may remove a document or object described in subsection (1) if, (a)  it is not practicable to copy it in the place where it is examined; or (b)  a copy of it is not sufficient for the purposes of the investigation. Return (3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall, (a)  if it was removed under clause (2) (a), return the document or object within a reasonable time; or (b)  if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time. Copy as evidence (4) A copy of a document or object certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document or object itself.  1996, c. 12, s. 38.
39 The Registrar shall report the results of an investigation to one or more of the Adjudicative Body of Chairs, the Investigation Committee the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate.  1996, c. 12, s. 39; 2009, c. 33, Sched. 13, s. 2 (9); 2020, c. 36, Sched. 33, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2020, c. 36, Sched. 33, s. 24 - 01/02/2021 PART IX   REGULATIONS AND BY-LAWS
43 (1) A regulation or by-law made under any provision of this Act may be general or specific. Same (2) Without limiting the generality of subsection (1), a regulation or by-law may be limited in its application to any class of members, certificates or qualifications. Classes (3) A class under this Act may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes.  1996, c. 12, s. 43. PART IX.1   Reporting requirements related to Professional Misconduct Application of Part
43.1 (1) For the purposes of this Part, a student within the meaning of subsection 1 (2) has special needs if, (a)  in the opinion of the employer, the person, by reason of some mental or physical disability, is particularly vulnerable to being sexually abused or to the effects of sexual misconduct; or (b)  the employer, exercising reasonable diligence, should have formed the opinion that the person, by reason of some mental or physical disability, is particularly vulnerable to being sexually abused or to the effects of sexual misconduct. 2016, c. 24, Sched. 2, s. 20. (2) Repealed: 2016, c. 24, Sched. 2, s. 20. Crown bound (3) This Part binds the Crown.  2002, c. 7, s. 4. Section Amendments with date in force (d/m/y) 2002, c. 7, s. 4
- 03/09/2002 2016, c. 24, Sched. 2, s. 20 - 05/12/2016
43.3.1 Where the Registrar refers an employer’s report filed under section 43.2 or 43.3 to the Adjudicative Body of Chairs or a committee established under section 15, the report is deemed, for the purposes of Parts IV and V, to be a complaint that was filed on the day the Registrar referred the report and the Registrar is deemed to be the complainant. 2023, c. 11, Sched. 3, s. 13. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 23 - 05/12/2016 2020, c. 36, Sched. 33, s. 28 - 01/02/2021 2023, c. 11, Sched. 3, s. 13 - 08/06/2023
43.4 (1) The College shall provide employers of members with information respecting certain decisions and orders under this Act in accordance with the following rules and with subsection (2): 1.  If a decision respecting a member is made under subsection 26 (5), the Registrar shall provide the documents referred to in subsection 26 (7) to the member’s employer. 1.1  If a referral respecting a member is made under subsection 26 (9), the Registrar shall notify the employer of the referral. 1.2  If a direction respecting a member is made under subsection 29 (1), the Registrar shall notify the employer of the direction. 2.  If an order respecting a member is made under subsection 29 (3), the Registrar shall provide a copy of the order to the member’s employer. 2.1  If an interim order respecting a member is made under subsection 29.2 (1), the Registrar shall provide a copy of the order to the member’s employer. 3.  If an order respecting a member is made under section 30 or 31, the Discipline Committee or the Fitness to Practise Committee, as the case may be, shall provide the employer with the same material as is served on the parties under subsection 32 (13). 4.  If a decision respecting a member is made under section 33, the Discipline Committee or the Fitness to Practise Committee, as the case may be, shall provide the employer with the same material as is served on the parties under subsection 33 (13) or (14). 5.  If an order respecting a member is made under section 34, the Registrar shall provide a copy of the order to the member’s employer. 6.  If a court order respecting a member is made under section 35, the Registrar shall provide a copy of the order, with reasons, if any, to the member’s employer.  2002, c. 7, s. 4; 2009, c. 33, Sched. 13, s. 2 (9); 2016, c. 24, Sched. 2, s. 24 (1); 2018, c. 8, Sched. 19, s. 12; 2023, c. 11, Sched. 3, s. 14. Same (2) The following are the employers who shall receive the information referred to in subsection (1): 1.  An employer who employed the member at the time the relevant decision or order referred to in subsection (1) was made. 2.  An employer who made a report respecting the member under section 43.2 or 43.3, if the subject of the report is related to the decision or order referred to in subsection (1).  2002, c. 7, s. 4; 2016, c. 24, Sched. 2, s. 24 (2). 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. 24 (1, 2) - 05/12/2016 2018, c. 8, Sched. 19, s. 12 - 08/05/2018 2023, c. 11, Sched. 3, s. 14 - 08/06/2023
43.5 (1) Sections 43.2, 43.3 and 43.4 apply to a home child care agency that arranges for the provision of home child care or in-home services and the person who provides the care or services, except that a reference to an employer in those sections shall be read as a reference to the home child care agency. 2016, c. 24, Sched. 2, s. 25. Parents as employers (2) Sections 43.2, 43.3 and 43.4 do not apply to, (a)  an employer in respect of a member who provides temporary care for or supervision of a child, if the employer is the child’s parent; or (b)  a prescribed employer. 2016, c. 24, Sched. 2, s. 25. Definitions (3) In this section, “home child care”, “home child care agency”, “in-home services”, “parent” and “temporary care for or supervision of a child” have the same meaning as in the Child Care and Early Years Act, 2014. (“services de garde en milieu familial”, “agence de services de garde en milieu familial”, “services à domicile”, “parent”, “garde ou surveillance temporaire d’un enfant”) 2016, c. 24, Sched. 2, s. 25. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 25 - 05/12/2016 PART X   MISCELLANEOUS
44 (1) A person has the right to use French in all dealings with the College. Council to ensure (2) The Council shall take all reasonable measures and make all reasonable plans to ensure that persons may use French in all dealings with the College. Limitation (3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances. Definition (4) In this section, “dealings” means any service or procedure available to the public or to members of the College and includes giving or receiving communications, information or notices, making applications, taking examinations or tests and participating in programs or in hearings or reviews.  1996, c. 12, s. 44.
45 The Council shall establish and maintain an official publication of the College.  1996, c. 12, s. 45; 2016, c. 24, Sched. 2, s. 26. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 26 - 05/12/2016 Publication requirements
45.1 (1) The College shall publish the following on its website: 1.  Every decision of the Discipline Committee and its reasons. 2.  Every resolution adopted by the Discipline Committee under section 30.1. 3.  If a resolution adopted by the Investigation Committee under section 26.1 provides for publication of the resolution, a summary of the resolution, or a part of the resolution on the College’s website, the resolution, summary or part. 2016, c. 24, Sched. 2, s. 27. Publication in official publication of the College (2) The College shall publish the following in the official publication of the College: 1.  A summary of every decision of the Discipline Committee and a summary of its reasons. 2.  A summary of every resolution adopted by the Discipline Committee under section 30.1. 3.  If a resolution adopted by the Investigation Committee under section 26.1 provides for publication of the resolution, a summary of the resolution, or a part of the resolution in the official publication of the College, the resolution, summary or part. 4.  A determination by the Fitness to Practise Committee that an allegation of incapacity was unfounded, on the request of the member against whom the allegation was made. 2016, c. 24, Sched. 2, s. 27. Exception, unfounded allegations (3) Despite paragraphs 1 and 2 of subsection (2), if the Discipline Committee determines, or adopts a resolution that provides, that an allegation of professional misconduct or incompetence was unfounded, the College shall only publish the summary described in paragraph 1 or 2 of subsection (2) in its official publication on the request of the member against whom the allegation was made. 2016, c. 24, Sched. 2, s. 27. Other publications (4) The College may publish anything set out in subsection (1), in detail or in summary, in any manner or medium that the College considers appropriate, other than in its official publication. 2016, c. 24, Sched. 2, s. 27. Publication of member’s name (5) For greater certainty, for the purposes of paragraphs 1 and 2 of subsection (1) and paragraphs 1 and 2 of subsection (2), the College shall publish the name of the member who is the subject of the matter. 2016, c. 24, Sched. 2, s. 27. No publication of specified information (6) Despite anything in this section, the College shall not publish any information that violates an order made under section 32.1 respecting the publication of information. 2016, c. 24, Sched. 2, s. 27. Removal of information (7) If a notation of a decision or resolution is removed from the register, or other specified information is removed from the register under subsection 23 (2.5), the College may remove the decision, resolution or other specified information, (a)  from its website; and (b)  from any other website on which it has published the information under subsection (4), if required by and in accordance with the regulations. 2016, c. 24, Sched. 2, s. 27; 2020, c. 36, Sched. 33, s. 29. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 27 - 05/12/2016 2020, c. 36, Sched. 33, s. 29 - 08/12/2020
46 (1) A person who is a member of the Council, a member of a committee established under this Act or a member of a panel of a committee established under this Act shall be granted, on request, a paid leave of absence by his or her employer for the purposes of, (a)  attending a meeting or other proceeding of the Council, committee or panel of the committee during work hours; or (b)  performing other work of the College during work hours at the request of the Registrar or his or her delegate.  2001, c. 9, Sched. E, s. 1 (4); 2009, c. 33, Sched. 13, s. 2 (9). Employer reimbursement (2) If an employer has provided a leave of absence to a person under subsection (1), the College shall reimburse the employer for the salary expense, if any, incurred by the employer in temporarily hiring someone else to replace the person in the workplace.  2001, c. 9, Sched. E, s. 1 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. E, s. 1 (4) - 29/06/2001 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009
47 (1) For the purpose of carrying out its objects, the College may require the Provincial Schools Authority, a school board or any other person or body designated by the regulations to provide the College with information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act or section 28 of the Municipal Freedom of Information and Protection of Privacy Act, in respect of members of the College.  1996, c. 12, s. 47 (1). Same (2) If the College requires a person or body to provide information under subsection (1), the person or body shall do so within the time period specified in writing by the College or, if no time period is specified, within 30 days of receiving the request. 2016, c. 24, Sched. 2, s. 28. Same (3) For greater certainty, a person or body may be designated by the regulations for the purposes of subsection (1) regardless of whether the person or body is engaged in the provision of education. 2016, c. 24, Sched. 2, s. 28. (4) Repealed:  2002, c. 7, s. 5. Information provided by Minister to College (5) If required by the College for the purpose of carrying out its objects, the Minister may provide to the College information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act, in respect of its members, former members and applicants for membership.  1996, c. 12, s. 47 (5). Information provided by College to Minister (6) For the purpose of carrying out his or her duties under the Education Act, the Minister has the authority to collect from the College information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act, in respect of its members, former members and applicants for membership.  1996, c. 12, s. 47 (6). Section Amendments with date in force (d/m/y) 2002, c. 7, s. 5
- 03/09/2002 2016, c. 24, Sched. 2, s. 28 - 05/12/2016
47.1 (1) If a person or body designated by the regulations suspects, on reasonable grounds, that there is a risk that a person is likely to suffer physical or emotional harm inflicted by a member and believes, on reasonable grounds, that urgent disclosure is needed, the person or body shall immediately report the suspicion and the information on which it is based to the College. 2016, c. 24, Sched. 2, s. 29. Disclosure of personal information (2) A person or body may disclose such personal information, within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act, as is reasonably necessary for the purpose of complying with subsection (1). 2016, c. 24, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 29 - 05/12/2016
47.2 (1) The College shall have a sexual abuse prevention program. 2020, c. 36, Sched. 33, s. 30. Measures (2) The sexual abuse prevention program must include measures for preventing and dealing with sexual abuse of students. 2020, c. 36, Sched. 33, s. 30. Same (3) The measures for preventing and dealing with sexual abuse of students must include, (a)  educational requirements for members; (b)  guidelines for the conduct of members with students; (c)  training for the College’s staff; (d)  the provision of information to the public; and (e)  any other measures prescribed by regulation. 2020, c. 36, Sched. 33, s. 30. Removal of suspensions, etc. (4) The Registrar shall not remove a suspension of a certificate of qualification and registration made under subsection 24 (1), 29 (3), 29.2 (1), 30 (4) or 31 (3) or issue a certificate or remove a suspension of a certificate in accordance with an order made under section 33 or subsection 34 (1) unless the person whose certificate is the subject of the suspension or order provides evidence satisfactory to the Registrar that they have successfully completed the sexual abuse prevention program educational requirements referred to in subsection (3) of this section. 2023, c. 11, Sched. 3, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 30 - 01/01/2022 2023, c. 11, Sched. 3, s. 15 - 08/06/2023
48 (1) Every person employed, retained or appointed for the purposes of the administration of this Act and every member of a Council or committee of the College shall keep confidential all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except, (a)  in connection with the administration of this Act, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members’ incapacity, incompetence or acts of professional misconduct or the governing of the profession; (b)  to his or her counsel; (c)  with the consent of the person to whom the information relates; (d)  to the extent that the information is available to the public under this Act; (e)  to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (f)  to a body that governs a profession inside or outside of Ontario; or (g)  as otherwise required by law. 2016, c. 24, Sched. 2, s. 30 (1). Testimony in civil proceeding (2) No person to whom subsection (1) applies shall be compelled to give testimony in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act, with regard to information obtained in the course of his or her duties. Evidence on civil proceedings (3) No record of a proceeding under this Act and no document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act. Offence (4) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.  1996, c. 12, s. 48. Definition (5) For the purposes of clause (1) (e), “law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed. 2016, c. 24, Sched. 2, s. 30 (2). Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 30 (1, 2) - 05/12/2016
48.1 Every employer who contravenes subsection 43.2 (1), (2), (3), (3.1) or (3.2) or subsection 43.3 (1), (1.1), (1.2), (1.3) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.  2002, c. 7, s. 6; 2023, c. 11, Sched. 3, s. 16. Section Amendments with date in force (d/m/y) 2002, c. 7, s. 6
- 03/09/2002 2023, c. 11, Sched. 3, s. 16 - 08/06/2023
49 Where it appears to the College that any person does not comply with this Act or the regulations or by-laws, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and the judge may make the order or such other order as the judge thinks fit.  1996, c. 12, s. 49; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
49.1 Any person who contravenes subsection 14 (6), (8) or (9) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence. 2021, c. 34, Sched. 17, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 17, s. 6 - 02/12/2021
50 Any person who contravenes subsection 36 (6) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1996, c. 12, s. 50.
51 (1) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate issued under this Act is guilty of an offence and on conviction is liable to a fine of not more than $10,000. Assisting in false representation (2) Every person who knowingly assists a person in committing an offence under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  1996, c. 12, s. 51.
51.1 (1) A member shall file a report in writing with the Registrar if the member has been found guilty of an offence. 2020, c. 36, Sched. 33, s. 31. Timing of report (2) The report must be filed as soon as reasonably practicable after the member receives notice of the finding of guilt. 2020, c. 36, Sched. 33, s. 31. Contents of report (3) The report must contain, (a)  the name of the member filing the report; (b)  the nature of, and a description of the offence; (c)  the date the member was found guilty of the offence; (d)  the name and location of the court that found the member guilty of the offence; and (e)  the status of any appeal initiated respecting the finding of guilt. 2020, c. 36, Sched. 33, s. 31. Publication ban (4) The report shall not contain any information that violates a publication ban. 2020, c. 36, Sched. 33, s. 31. Same (5) No action shall be taken under this section which violates a publication ban and nothing in this section requires or authorizes the violation of a publication ban. 2020, c. 36, Sched. 33, s. 31. Additional reports (6) A member who files a report under subsection (1) shall file an additional report if there is a change in status of the finding of guilt as the result of an appeal. 2020, c. 36, Sched. 33, s. 31. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 31 - 08/12/2020
51.2 (1) A member shall file a report in writing with the Registrar if the member has been charged with an offence, and the report shall include information about every bail condition or other restriction imposed on, or agreed to, by the member in connection with the charge. 2020, c. 36, Sched. 33, s. 31. Timing of report (2) The report must be filed as soon as reasonably practicable after the member receives notice of the charge, bail condition or restriction. 2020, c. 36, Sched. 33, s. 31. Contents of report (3) The report must contain, (a)  the name of the member filing the report; (b)  the nature of, and a description of, the charge; (c)  the date the charge was laid against the member; (d)  the name and location of the court in which the charge was laid or in which the bail condition or restriction was imposed on or agreed to by the member; (e)  every bail condition imposed on the member as a result of the charge; (f)  any other restriction imposed on or agreed to by the member relating to the charge; and (g)  the status of any proceedings with respect to the charge. 2020, c. 36, Sched. 33, s. 31. Publication ban (4) The report shall not contain any information that violates a publication ban. 2020, c. 36, Sched. 33, s. 31. Same (5) No action shall be taken under this section which violates a publication ban and nothing in this section requires or authorizes the violation of a publication ban. 2020, c. 36, Sched. 33, s. 31. Additional reports (6) A member who files a report under subsection (1) shall file an additional report if there is a change in the status of the charge or bail conditions. 2020, c. 36, Sched. 33, s. 31. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 31 - 08/12/2020
52 (1) A notice or document to be given or served under this Act is sufficiently given or served if it is, (a)  delivered personally; (b)  sent by mail; or (c)  given or served in accordance with by-laws respecting service. Same (2) Where a notice or document to be given under this Act is sent by mail addressed to a person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing.  1996, c. 12, s. 52.
53 Any statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the College, is admissible in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Registrar and without proof of the seal.  1996, c. 12, s. 53; 2009, c. 33, Sched. 13, s. 2 (9). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009
54 In the event of a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail.  1996, c. 12, s. 54.
55 No proceeding for damages shall be instituted against the College, the Council, a committee established under this Act, a member of the Council, a member of a committee established under this Act or a member of a panel of a committee established under this Act, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power.  2001, c. 9, Sched. E, s. 1 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. E, s. 1 (5) - 29/06/2001
56 (1) Any payment made by the Minister that is charged to an appropriation of the Ministry of Education and Training made for the fiscal year beginning on April 1, 1994 or for any subsequent fiscal year, for the purpose of establishing or operating the College, shall be deemed to have been a loan from the Province of Ontario to the College.  1996, c. 12, s. 56 (1). Same (2) A payment for the purpose of the Ontario Teaching Council Implementation Committee established by Order in Council to advise the Minister in respect of the establishment and mandate of the College is a payment for the purpose of establishing the College within the meaning of subsection (1).  1996, c. 12, s. 56 (2). Same (3) The Minister shall notify the College of the amount of any payment described in subsection (1) and shall, by order, direct the repayment of the amount by the College to the Province of Ontario.  1996, c. 12, s. 56 (3). Same (4) The determination by the Minister of the amount of a payment described in subsection (1) is final and shall not be reviewed in any court.  1996, c. 12, s. 56 (4). Same (5) An order under subsection (3) may fix a schedule for repayment of an amount and may prescribe the rate of interest payable on the amount from the date of the order until the date on which the amount is repaid in full.  1996, c. 12, s. 56 (5). Same (6) A rate of interest prescribed in an order under subsection (3) shall not exceed the prime rate of the bank listed in Schedule I or II of the Bank Act (Canada) that has the highest prime rate on the day that the order is made.  1996, c. 12, s. 56 (6). Same (7) An order under subsection (3) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1996, c. 12, s. 56 (7); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
57 (1) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee the repayment of loans made to the College, including interest. Same (2) A guarantee given under subsection (1) is subject to any conditions that the Minister of Finance imposes.  1996, c. 12, s. 57.
58 (1) The Minister may require the board of governors of The Ontario Teachers’ Federation to amend or revoke a regulation made under the Teaching Profession Act
if, in the Minister’s opinion, the regulation conflicts with or overlaps with this Act or a regulation or by-law under this Act.  1996, c. 12, s. 58 (1). Same (2) If the Minister requires the board of governors of The Ontario Teachers’ Federation to amend or revoke a regulation under subsection (1) and the board of governors does not do so within the time and in the manner specified by the Minister, the Lieutenant Governor in Council may, by regulation, amend or revoke the regulation. 2020, c. 36, Sched. 33, s. 32. Same (3) Subsection (2) does not give the Lieutenant Governor in Council authority to do anything that the board of governors of The Ontario Teachers’ Federation does not have authority to do.  1996, c. 12, s. 58 (3). Legislation Act, 2006 (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to a regulation made under subsection (2).  2006, c. 21, Sched. F, s. 123. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 123 - 25/07/2007 2020, c. 36, Sched. 33, s. 32 - 01/02/2021 PART X.1   FUNDING FOR THERAPY AND COUNSELLING
60 The College shall hold its first annual meeting of the members not more than 15 months after the first Council is duly elected and appointed.  1996, c. 12, s. 60. 61 Repealed:  2006, c. 10, s. 61. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 61
- 01/06/2006
62 (1) Every person who, on a day to be specified in a regulation made under subsection (2), holds an Ontario Teacher’s Certificate or a letter of standing issued under the Education Act shall be deemed to hold a certificate of qualification and registration under this Act.  1996, c. 12, s. 62 (1); 2009, c. 33, Sched. 13, s. 2 (10). Same (2) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations specifying a day for the purposes of subsection (1) and providing a concordance between, (a)  qualifications held under the Education Act by persons affected by subsection (1) before the specified day; and (b)  certificates, including any terms, conditions or limitations on those certificates, held under this Act on and after the specified day.  1996, c. 12, s. 62 (2). Same (3) For the purposes of subsection (2), qualifications include, (a)  qualifications set out in Regulation 297 of the Revised Regulations of Ontario, 1990; (b)  qualifications set out on Ontario Teacher’s Qualifications Record Cards; (c)  qualifications set out on any other records of qualification held by the Ministry in respect of any person affected by subsection (1).  1996, c. 12, s. 62 (3). Same (4) Regulations that may be made under subsection (2) include but are not limited to regulations, (a)  classifying certificates of qualification and registration that come into being as a result of subsection (1); (b)  deeming certificates of qualification and registration of any class prescribed under clause (a) to be subject to specified terms, conditions and limitations; (c)  deeming terms, conditions and limitations referred to in clause (b) to have been imposed by the Registrar under this Act; (d)  deeming any person who holds a certificate of qualification and registration of any class prescribed under clause (a) to also hold one or more additional certificates of qualification; (e)  deeming additional certificates referred to in clause (d) to have been issued under this Act.  1996, c. 12, s. 62 (4); 2009, c. 33, Sched. 13, s. 2 (8, 9, 11). (5) Repealed:  2006, c. 10, s. 62. Same (6) Subsections 40 (2) and (3) apply to a regulation made under subsection (2).  1996, c. 12, s. 62 (6). Section Amendments with date in force (d/m/y) 2006, c. 10, s. 62
- 01/06/2006 2009, c. 33, Sched. 13, s. 2 (8-11) - 15/12/2009
63 (1) Any person who, (a)  is enrolled in a program of professional education within the meaning of Regulation 297 of the Revised Regulations of Ontario, 1990 on the date specified under subsection 62 (2); and (b)  fulfils the requirements for an Ontario Teacher’s Certificate as they existed immediately before the date specified under subsection 62 (2), shall be deemed to have fulfilled the requirements for the issuance of a certificate of qualification and registration.  1996, c. 12, s. 63 (1); 2009, c. 33, Sched. 13, s. 2 (10). Same (2) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations providing for any matter that it considers necessary or advisable in connection with the issuance of certificates of qualification and registration under subsection (1), including but not limited to regulations, (a)  relating to terms, conditions and limitations to be imposed on the certificates; (b)  relating to the classification of the certificates; and (c)  respecting processes and criteria for the issuance of the certificates.  1996, c. 12, s. 63 (2); 2009, c. 33, Sched. 13, s. 2 (11). Same (3) Subsections 40 (2) and (3) apply to a regulation made under subsection (2).  1996, c. 12, s. 63 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (10, 11) - 15/12/2009 Transition: Protecting Students Act, 2016
63.2 Section 30.2, as amended by section 14 of Schedule 3 to the Safe and Supportive Classrooms Act, 2019, applies to an act of professional misconduct that consists of or includes sexual abuse of a student that occurred before the day section 22 of that Schedule came into force if no order has been made in respect of the matter under subsection 30 (4) of this Act before that day. 2019, c. 3, Sched. 3, s. 22; 2023, c. 11, Sched. 3, s. 18. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 19, s. 14 - 08/05/2018 2019, c. 3, Sched. 3, s. 22 - 03/04/2019 2023, c. 11, Sched. 3, s. 18 - 08/06/2023
63.3 Subsection 33 (1.1) applies to an act of professional misconduct that occurred before the day subsection 21 (2) of Schedule 33 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 came into force. 2020, c. 36, Sched. 33, s. 35. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 35 - 08/12/2020
63.4 (1) In this section, “transition date” means the day section 3 of Schedule 3 to the Better Schools and Student Outcomes Act, 2023
comes into force. 2023, c. 11, Sched. 3, s. 19. Transition, s. 24 (4) (2) If a date is prescribed by the regulations for the purposes of this subsection, subsection 24 (4) does not apply before the prescribed date in respect of a certificate that was suspended before the transition date. 2023, c. 11, Sched. 3, s. 19. Transition, s. 26 (5) (3) Subsection 26 (5), as amended by subsection 6 (1) of Schedule 3 to the Better Schools and Student Outcomes Act, 2023, applies in respect of a complaint that is made before the transition date if no decision has been made in respect of the matter before that date by the Investigation Committee under subsection 26 (5) of this Act. 2023, c. 11, Sched. 3, s. 19. Transition, s. 26 (9) (4) Subsection 26 (9), as re-enacted by subsection 6 (2) of Schedule 3 to the Better Schools and Student Outcomes Act, 2023, applies in respect of a complaint that is made before the transition date if no decision has been made in respect of the matter before that date by the Investigation Committee under subsection 26 (5) of this Act. 2023, c. 11, Sched. 3, s. 19. Transition, s. 30.2 (8) (5) Subsection 30.2 (8) applies in respect of a matter referred to the Discipline Committee before the transition date if a hearing by a panel of the Discipline Committee respecting the matter has not been commenced before the transition date. 2023, c. 11, Sched. 3, s. 19. Transition, s. 33 (4.1) (6) For greater certainty, subsection 33 (4.1), as amended by section 8 of Schedule 3 to the Better Schools and Student Outcomes Act, 2023, applies in respect of a certificate revoked before the transition date pursuant to an order made under section 30 or deemed revoked pursuant to section 30.3. 2023, c. 11, Sched. 3, s. 19. Transition, s. 35 (5) (7) Paragraph 2 of subsection 35 (5), as amended by section 9 of Schedule 3 to the Better Schools and Student Outcomes Act, 2023, does not apply to an order of the Discipline Committee made before the transition date. 2023, c. 11, Sched. 3, s. 19. Transition, s. 47.2 (4) (8) Subsection 47.2 (4) applies to a suspension or order that was made before the transition date if the suspension is not removed or the certificate is not issued before that date. 2023, c. 11, Sched. 3, s. 19. Section Amendments with date in force (d/m/y) 2023, c. 11, Sched. 3, s. 19 - 08/06/2023 Note: On a day to be named by proclamation of the Lieutenant Governor, Part XII of the Act is repealed. (See: 2020, c. 36, Sched. 33, s. 38) PART XII   TransitionAL Provisions: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020
64 In this Part, “transition date” means the day section 37 of Schedule 33 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force; (“date de transition”) “transition period” means the period that begins on the transition date and ends on the day prescribed by the regulations. (“période de transition”) 2020, c. 36, Sched. 33, s. 36. Note: On a day to be named by proclamation of the Lieutenant Governor, section 64 of the Act is repealed. (See: 2020, c. 36, Sched. 33, s. 38) Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 36 - 08/12/2020; 2020, c. 36, Sched. 33, s. 38 - see 2023, c. 11, Sched. 3, s. 20 - not in force
65 (1) The Lieutenant Governor in Council may appoint an individual to act as the Transition Supervisory Officer. 2020, c. 36, Sched. 33, s. 36. Duties of Transition Supervisory Officer (2) The Transition Supervisory Officer shall, (a)  before, during and after the transition period, advise the Registrar and the Minister on matters related to the amendments made by Schedule 33 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020; (b)  make such appointments to the Council and to statutory committees, regulatory committees and the roster of eligible panellists as required under this Part; and (c)  perform any other duty set out in this Act or prescribed by the regulations. 2020, c. 36, Sched. 33, s. 36. Restriction re appointments (3) A person shall not be appointed to the Council, a statutory committee or regulatory committee if they previously have been a member of the Council for six or more consecutive years, unless three years have elapsed since the end of the person’s most recent term on the Council. 2020, c. 36, Sched. 33, s. 36. Same (4) A person who was a member of the Council immediately before the transition date shall not be appointed to a term on the Council, a statutory committee or regulatory committee that exceeds the difference between six years and the number of consecutive years they served on the Council immediately before the transition date. 2020, c. 36, Sched. 33, s. 36. Same (5) The Transition Supervisory Officer may direct the Registrar and other employees of the College to perform any of the Transition Supervisory Officer’s responsibilities during the transition period. 2020, c. 36, Sched. 33, s. 36. Remuneration (6) The expenses and remuneration of the Transition Supervisory Officer shall be paid by the College. 2020, c. 36, Sched. 33, s. 36. Immunity (7) Section 55 applies with necessary modifications to the Transition Supervisory Officer. 2020, c. 36, Sched. 33, s. 36. Note: On a day to be named by proclamation of the Lieutenant Governor, section 65 of the Act is repealed. (See: 2020, c. 36, Sched. 33, s. 38) Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 36 - 08/12/2020; 2020, c. 36, Sched. 33, s. 38 - see 2023, c. 11, Sched. 3, s. 20 - not in force