jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The College is established under the name Ontario College of Teachers in English and Ordre des enseignantes et des enseignants de l’Ontario in French. Body corporate (2) The College is a body corporate without share capital with all the powers of a natural person. Non-application of certain Acts (3) The Not-for-Profit Corporations Act, 2010 and Corporations Information Act do not apply to the College, except as specifically made applicable by this Act or the regulations.  1996, c. 12, s. 2; 2017, c. 20, Sched. 8, s. 106 (1). Not a Crown agency (4) The College is not an agent of the Crown. 2020, c. 36, Sched. 33, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 106 (1) - 19/10/2021 2020, c. 36, Sched. 33, s. 2 - 01/02/2021
3 (1) The College has the following objects: 1.  To regulate the profession of teaching and to govern its members. 2.  To develop, establish and maintain qualifications for membership in the College. 3.  To accredit professional teacher education programs offered by post-secondary educational institutions. 4.  To accredit ongoing education programs for teachers offered by post-secondary educational institutions and other bodies. 5.  To issue, renew, amend, suspend, cancel, revoke and reinstate certificates of qualification and registration. 6.  To provide for the ongoing education of members of the College. 7.  To establish and enforce professional standards and ethical standards applicable to members of the College. 8.  To receive and investigate complaints against members of the College and to deal with discipline and fitness to practise issues. 9.  To develop, provide and accredit educational programs leading to certificates of qualification additional to the certificate required for membership, including but not limited to certificates of qualification as a supervisory officer, and to issue, renew, amend, suspend, cancel, revoke and reinstate such additional certificates. 10.  To communicate with the public on behalf of the members of the College. 11.  To perform such additional functions as are prescribed by the regulations.  1996, c. 12, s. 3 (1); 2001, c. 14, Sched. B, s. 2; 2004, c. 26, s. 2; 2009, c. 33, Sched. 13, s. 2 (1, 2, 11). Duty (2) In carrying out its objects, the College has a duty to serve and protect the public interest.  1996, c. 12, s. 3 (2). Section Amendments with date in force (d/m/y) 2001, c. 14, Sched. B, s. 2 - 29/06/2001 2004, c. 26, s. 2
- 16/12/2004 2009, c. 33, Sched. 13, s. 2 (1, 2, 11) - 15/12/2009
4 (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.  1996, c. 12, s. 4 (1). Composition of Council (2) The Council shall be composed of, (a)  six persons who are members of the College and who are appointed by the Council in accordance with the regulations from among the list of nominees prepared under clause 15.2 (4) (a) by the Selection and Nominating Subcommittee; and (b)  six persons who are not members of the College and who are appointed by the Lieutenant Governor in Council in accordance with the regulations. 2020, c. 36, Sched. 33, s. 3; 2021, c. 34, Sched. 17, s. 1. Same (2.1) In appointing persons under clause (2) (b), the Lieutenant Governor in Council may consider the persons on the list of nominees prepared under clause 15.2 (4) (b) by the Selection and Nominating Subcommittee. 2020, c. 36, Sched. 33, s. 3. Chair of Council (2.2) The Chair of the Council shall be appointed in accordance with the regulations. 2020, c. 36, Sched. 33, s. 3. 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 member of the Council has, other than the right to vote.  1996, c. 12, s. 4 (3); 2009, c. 33, Sched. 13, s. 2 (9). Expenses and remuneration (4) Council members appointed by the Lieutenant Governor in Council shall be paid, by the Minister, such expenses and remuneration as the Lieutenant Governor in Council determines.  1996, c. 12, s. 4 (4). Section Amendments with date in force (d/m/y) 2006, c. 10, s. 51
- 01/06/2006 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2019, c. 3, Sched. 3, s. 2 (1, 2) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 3 - 01/02/2021 2021, c. 34, Sched. 17, s. 1 (1, 2) - 02/12/2021 4.1 Repealed: 2020, c. 36, Sched. 33, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 52
- 01/06/2006 2020, c. 36, Sched. 33, s. 4 - 01/02/2021
4.2 (1) Every member of the Council shall, in carrying out his or her duties, (a)  serve and protect the public interest; and (b)  act in accordance with such conflict of interest rules as may be prescribed by the regulations.  2006, c. 10, s. 52. Oath (2) Before taking up their duties, every person appointed to the Council shall swear an oath or affirm in the manner and form and within the time period that is prescribed by the regulations. 2020, c. 36, Sched. 33, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 52
- 01/06/2006 2020, c. 36, Sched. 33, s. 5 - 01/02/2021
5 (1) No term of a Council member shall exceed three years, except as permitted by regulation.  1996, c. 12, s. 5 (1). Deemed reappointment for LGIC appointments (2) Despite subsection (1), on the expiry of the term of a person appointed under clause 4 (2) (b), and upon the person’s agreement to continue serving as a member of Council for an additional agreed upon period of time, the term may be extended for a further period not exceeding six months or until the appointment is revoked by the Lieutenant Governor in Council, whichever is earlier. 2020, c. 36, Sched. 33, s. 6. Multiple terms (3) Subject to subsections (4) and (5), a person may be a member of the Council for more than one term. 2020, c. 36, Sched. 33, s. 6. Membership on Council and committee (4) Subject to subsection (5), a person appointed to the Council may be a member of the Council, a member of a committee established under subsection 15 (1), or a combination, for a total of no more than six consecutive years and subsequently may not be a member of the Council or a member of such a committee until three years have elapsed since the end of the member’s last term on the Council or such a committee. 2020, c. 36, Sched. 33, s. 6. Same (5) A person whose appointment is extended under subsection (2) may be a member of the Council, a member of a committee established under subsection 15 (1), or a combination, for a total of no more than seven consecutive years and subsequently may not be a member of the Council or a member of such a committee until three years have elapsed since the end of the member’s last term on the Council or such a committee. 2020, c. 36, Sched. 33, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 53 (1, 2) - 01/06/2006 2019, c. 3, Sched. 3, s. 3 - 03/04/2019 2020, c. 36, Sched. 33, s. 6 - 01/02/2021 6 Repealed: 2020, c. 36, Sched. 33, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (10) - 15/12/2009 2020, c. 36, Sched. 33, s. 7 - 01/02/2021
7 Where one or more vacancies occur in the membership of the Council, the members remaining in office constitute the Council so long as their number is not fewer than a quorum.  1996, c. 12, s. 7.
8 (1) The Council shall meet at least four times a year. Open to public (2) 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. Exclusion of public (3) Despite subsection (2), the Council may exclude the public 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 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; (e)  litigation affecting the College will be discussed or instructions will be given to or opinions received from solicitors for the College; or (f)  the Council will deliberate whether to exclude the public from a meeting or a part of a meeting.  1996, c. 12, s. 8.
9 (1) The Council may employ such persons as it considers advisable and shall have the officers provided for by the by-laws.  1996, c. 12, s. 9 (1). Registrar (2) The Council shall appoint one of its employees as the Registrar.  1996, c. 12, s. 9 (2); 2009, c. 33, Sched. 13, s. 2 (9); 2021, c. 34, Sched. 17, s. 2 (1). Chief executive officer (3) The Registrar shall be the chief executive officer of the College.  1996, c. 12, s. 9 (3); 2009, c. 33, Sched. 13, s. 2 (9). Deputy Registrar (4) The Registrar may appoint one or more deputy registrars who shall have the powers of the Registrar for the purposes of this Act. 2021, c. 34, Sched. 17, s. 2 (2). Fluency in English and French (5) Either the Registrar or a deputy registrar must be fluent in English and French. 2021, c. 34, Sched. 17, s. 2 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2016, c. 24, Sched. 2, s. 2 - 05/12/2016 2021, c. 34, Sched. 17, s. 2 (1, 2) - 02/12/2021
10 (1) The Council shall meet annually with the Minister. Open to public (2) Subsections 8 (2) and (3) apply to the annual meeting with the Minister.  1996, c. 12, s. 10.
11 (1) The Council shall report annually to the Minister on the activities and financial affairs of the College. Tabling of report (2) The Minister shall submit the report to the Lieutenant Governor in Council and shall then table the report in the Assembly if it is in session or, if not, at the next session.  1996, c. 12, s. 11.
12 (1) In addition to his or her other powers and duties under this Act, 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, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act; (c)  require the Council to make, amend or revoke a regulation.  1996, c. 12, s. 12 (1). Council to comply (2) If the Minister requires a 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.  1996, c. 12, s. 12 (2). Regulation (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 the time and in the manner specified by the Minister, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the regulation. 2020, c. 36, Sched. 33, s. 8. Authority of Lieutenant Governor in Council (4) Subsections (3) does not give the Lieutenant Governor in Council authority to do anything that the Council does not have authority to do.  1996, c. 12, s. 12 (4). Copies of regulations, orders (5) The Council shall ensure that a copy of each regulation made under subsection (3) is available for public inspection in the office of the College.  1996, c. 12, s. 12 (5). Same (6) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any regulation made under subsection (3).  1996, c. 12, s. 12 (6); 2009, c. 33, Sched. 13, s. 2 (9). Expenses of College (7) The Minister may pay the College for expenses incurred in complying with a requirement under subsection (1).  1996, c. 12, s. 12 (7). 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. 8 - 01/02/2021
13 The College shall hold an annual meeting of the members not more than 15 months after the holding of the last preceding annual meeting of members.  1996, c. 12, s. 13.
15 (1) The following committees are established: 1.  Investigation Committee. 2.  Discipline Committee. 3.  Registration Appeals Committee. 4.  Fitness to Practise Committee. 2020, c. 36, Sched. 33, s. 9. Composition (2) Each committee established under subsection (1) shall be composed of persons appointed by the Council in accordance with the regulations from among the list of nominees prepared by the Selection and Nominating Subcommittee under clause 15.2 (4) (c), provided that the Council appoints equal numbers of members of the College and non-members. 2020, c. 36, Sched. 33, s. 9. Eligibility (3) A member of the Council is ineligible to be concurrently appointed as a member of a committee established under subsection (1). 2020, c. 36, Sched. 33, s. 9. Term of committee members (4) No term of a member of a committee established under subsection (1) shall exceed three years, except as permitted by regulation. 2020, c. 36, Sched. 33, s. 9. Multiple terms (5) Subject to subsections 5 (4) and (5), a person may be a member of a committee established under subsection (1) of this section for more than one term. 2020, c. 36, Sched. 33, s. 9. Chair (6) The Chair and Vice-Chair of a committee established under subsection (1) shall be appointed in accordance with the regulations. 2020, c. 36, Sched. 33, s. 9. Other regulatory committees (7) The Council may, by regulation, establish other committees as the Council, from time to time, considers necessary. 2020, c. 36, Sched. 33, s. 9. Eligibility for regulatory committees (8) A member of the Council is ineligible to be concurrently appointed as a member of a regulatory committee. 2020, c. 36, Sched. 33, s. 9. Section Amendments with date in force (d/m/y) 2019, c. 3, Sched. 3, s. 4 - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 9 - 01/02/2021
15.1 (1) The Adjudicative Body of Chairs is established and shall be composed of the following members: 1.  The Chairs of the committees established under subsection 15 (1). 2.  The Vice-Chairs of the committees established under subsection 15 (1). 3.  Any additional persons who are appointed in accordance with the regulations to be on the Adjudicative Body of Chairs under subsection (2). 2020, c. 36, Sched. 33, s. 9. Composition (2) If, among the persons referred to in paragraphs 1 and 2 of subsection (1), the number of members of the College is not equal to the number of non-members, the Council shall appoint additional members of the statutory committees to be on the Adjudicative Body of Chairs until the number of members of the College and non-members is equal. 2020, c. 36, Sched. 33, s. 9. Chair (3) The Chair of the Adjudicative Body of Chairs shall be appointed in accordance with the regulations. 2020, c. 36, Sched. 33, s. 9. Same (4) For greater certainty, the Adjudicative Body of Chairs is a committee established under this Act. 2020, c. 36, Sched. 33, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 9 - 01/02/2021
15.2 (1) The Selection and Nominating Subcommittee is established. 2020, c. 36, Sched. 33, s. 9. Composition (2) The Selection and Nominating Subcommittee shall be composed of members of the Council appointed by the Council in accordance with the regulations, provided that the number of members appointed by the Lieutenant Governor in Council under clause 4 (2) (b) who are on the subcommittee is one greater than the number of other members. 2020, c. 36, Sched. 33, s. 9. Chair of Selection and Nominating Subcommittee (3) The Chair of the Selection and Nominating Subcommittee shall be appointed in accordance with the regulations. 2020, c. 36, Sched. 33, s. 9. Duties of Selection and Nominating Subcommittee (4) The Selection and Nominating Subcommittee shall, (a)  review and assess applications of persons who have applied to be appointed to the Council under clause 4 (2) (a), and based on the review and assessment, prepare a list of nominees who may be appointed to the Council under that clause; (b)  review and assess applications of persons who have applied to be appointed to the Council under clause 4 (2) (b), and based on the review and assessment, prepare a list of nominees for the Lieutenant Governor in Council to consider for appointment to the Council under that clause; (c)  review and assess applications of persons who have applied to be appointed to a statutory committee or regulatory committee, and based on the review and assessment, prepare a list of nominees who may be appointed to such a committee; (d)  recommend persons for the positions of Chair of Council and of each regulatory committee, and for Chair and Vice Chair of each statutory committee; (e)  review and assess applications of persons who have applied to be appointed to the roster of eligible panellists under clause 17 (4) (a), and based on the review and assessment, prepare a list of nominees who may be on the roster; and (f)  carry out any other duty prescribed by the regulations. 2020, c. 36, Sched. 33, s. 9. Consideration and Assessment (5) In carrying out its duties under subsection (4), the Selection and Nominating Subcommittee shall consider any criteria prescribed by the regulations. 2020, c. 36, Sched. 33, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 9 - 01/02/2021
15.3 (1) The Audit and Finance Subcommittee and the Human Resources Subcommittee are established. 2020, c. 36, Sched. 33, s. 9. Composition (2) The Audit and Finance Subcommittee and the Human Resources Subcommittee shall each be composed of members of the Council appointed by the Council in accordance with the by-laws, provided that the number of members appointed by the Lieutenant Governor in Council under clause 4 (2) (b) who are on the subcommittee is one greater than the number of other members. 2020, c. 36, Sched. 33, s. 9. Other subcommittees (3) The Council may, by by-law, establish other subcommittees composed of Council members as the Council, from time to time, considers necessary. 2020, c. 36, Sched. 33, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 9 - 01/02/2021
16 (1) Every member of a committee established under this Act shall, in carrying out their duties, (a)  serve and protect the public interest; and (b)  act in accordance with such conflict of interest rules as may be prescribed by the regulations. 2020, c. 36, Sched. 33, s. 9. Oath (2) Before taking up their duties, every member of a committee established under this Act shall swear an oath or affirm in the manner and form and within the time period that is prescribed by the regulations. 2020, c. 36, Sched. 33, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 9 - 01/02/2021
17.1 A professional teacher education program offered by a post-secondary educational institution shall not be accredited unless it enables students of the program to acquire knowledge of the Ontario curriculum, particularly in relation to math, reading and literacy, and any other element of a professional teacher education program prescribed by the regulations. 2023, c. 11, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 54
- 01/06/2006 2019, c. 3, Sched. 3, s. 6 - 03/04/2019 2023, c. 11, Sched. 3, s. 3 - 08/06/2023 PART III   REGISTRATION
17.2 (1) Any power that may be exercised and any duty that must be performed under this Part shall be exercised or performed fairly and in a manner such that any decisions made with respect to an applicant are transparent to and understandable by that applicant, with due regard to his or her individual circumstances.  2006, c. 10, s. 55. Standards (2) The Council shall make regulations, subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, establishing standards, practices and procedures to ensure that the requirements of subsection (1) are fulfilled.  2006, c. 10, s. 55. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 55
- 01/06/2006
18 (1) The Registrar shall issue a certificate of qualification and registration to a person who, (a)  applies for the certificate in accordance with the regulations; (b)  fulfils the requirements specified in the regulations for the issuance of the certificate; and (c)  successfully completes any prescribed examinations relating to proficiency in mathematics that are required for the issuance of the certificate. 2019, c. 3, Sched. 3, s. 7. Notation of new teacher program (1.1) When the College is notified by a board that a member has successfully completed the new teacher induction program under the
Education Act, the Registrar shall note that fact on the member’s certificate.  2006, c. 10, s. 56; 2009, c. 33, Sched. 13, s. 2 (9). Grounds for refusal (2) The Registrar may refuse to issue a certificate of qualification and registration where 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 a teacher 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 specified in the regulations for the issuance of the certificate.  1996, c. 12, s. 18 (2); 2009, c. 33, Sched. 13, s. 2 (9, 10). Same (3) Except as otherwise directed under this Act, the Registrar shall refuse to issue a certificate of qualification and registration to an applicant who previously held a certificate of qualification and 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 33 or 34.  1996, c. 12, s. 18 (3); 2009, c. 33, Sched. 13, s. 2 (9, 10). Terms, etc., on consent (4) If the Registrar is of the opinion that a certificate of qualification and 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.  1996, c. 12, s. 18 (4); 2009, c. 33, Sched. 13, s. 2 (9, 10). 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 22.  1996, c. 12, s. 18 (5). Section Amendments with date in force (d/m/y) 2006, c. 10, s. 56
- 12/06/2006 2009, c. 33, Sched. 13, s. 2 (9, 10) - 15/12/2009 2019, c. 3, Sched. 3, s. 7 - 01/09/2019
19 (1) The Registrar shall give an applicant for a certificate of qualification and registration, at the applicant’s request, a copy of each document the College has that is relevant to the application.  1996, c. 12, s. 19 (1); 2009, c. 33, Sched. 13, s. 2 (9, 10). Exception (2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person.  1996, c. 12, s. 19 (2); 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, 10) - 15/12/2009
20 (1) Where the Registrar proposes, (a)  to refuse to issue a certificate of qualification and registration; or (b)  to impose terms, conditions or limitations on a certificate of qualification and registration to which the applicant has not consented, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant.  1996, c. 12, s. 20 (1); 2009, c. 33, Sched. 13, s. 2 (9, 10). Exception (2) Subsection (1) does not apply where the Registrar refuses to issue a certificate under subsection 18 (3).  1996, c. 12, s. 20 (2); 2009, c. 33, Sched. 13, s. 2 (9). 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).  1996, c. 12, s. 20 (3). Request for review (4) The request for review must be, (a)  in writing; (b)  served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant; and (c)  accompanied by the fee prescribed by the by-laws for the purpose.  1996, c. 12, s. 20 (4); 2009, c. 33, Sched. 13, s. 2 (9). Submissions (5) The request for review may be accompanied by written submissions.  1996, c. 12, s. 20 (5). Power of Registrar where no review (6) Where the applicant does not request a review by the Registration Appeals Committee in accordance with subsection (4), the Registrar may carry out the proposal stated in the notice under subsection (1).  1996, c. 12, s. 20 (6); 2009, c. 33, Sched. 13, s. 2 (9). Same (7) Where the Registrar imposes terms, conditions and limitations on the applicant’s certificate of qualification and 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 22.  1996, c. 12, s. 20 (7); 2009, c. 33, Sched. 13, s. 2 (9, 10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9, 10) - 15/12/2009
22 (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 by the Registrar or the Registration Appeals Committee on the member’s certificate of qualification and registration.  1996, c. 12, s. 22 (1); 2009, c. 33, Sched. 13, s. 2 (9, 10). Same (2) The application must be, (a)  in writing; and (b)  accompanied by the fee prescribed for the purpose by the by-laws.  1996, c. 12, s. 22 (2). Limitations (3) The right to apply under subsection (1) is subject to, (a)  any limitation imposed by the Registrar or Registration Appeals Committee under section 18, 20 or 21; and (b)  any limitation imposed under subsection (8) in the disposition of a previous application under this section.  1996, c. 12, s. 22 (3); 2009, c. 33, Sched. 13, s. 2 (9). Submissions (4) The application may be accompanied by written submissions.  1996, c. 12, s. 22 (4). 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.  1996, c. 12, s. 22 (5). 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.  1996, c. 12, s. 22 (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 qualification and registration. 3.  Directing the Registrar to impose specified terms, conditions or limitations on the certificate of qualification and registration.  1996, c. 12, s. 22 (7); 2009, c. 33, Sched. 13, s. 2 (9, 10). 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).  1996, c. 12, s. 22 (8). 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.  1996, c. 12, s. 22 (9). 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.  1996, c. 12, s. 22 (10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9, 10) - 15/12/2009
24 (1) The Registrar may suspend a member’s certificate of qualification and registration 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.  1996, c. 12, s. 24 (1); 2009, c. 33, Sched. 13, s. 2 (9, 10). Same (2) The Registrar shall not suspend a member’s certificate of qualification and registration without first giving the member two-months notice of the default and intention to suspend.  1996, c. 12, s. 24 (2); 2009, c. 33, Sched. 13, s. 2 (9, 10). Re-instatement (3) Subject to subsection 47.2 (4), a person whose certificate of qualification and registration was suspended by the Registrar 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.  1996, c. 12, s. 24 (3); 2009, c. 33, Sched. 13, s. 2 (9, 10); 2023, c. 11, Sched. 3, s. 5 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 24 (3) of the Act is amended by adding “subsection (4) and” after “Subject to”. (See: 2023, c. 11, Sched. 3, s. 5 (2)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 24 of the Act is amended by adding the following subsections: (See: 2023, c. 11, Sched. 3, s. 5 (3)) Revocation (4) The Registrar may revoke a certificate of qualification and registration that is suspended under subsection (1) if the suspension is not removed within three years after the date of the suspension or within such shorter time period as may be prescribed by the regulations. 2023, c. 11, Sched. 3, s. 5 (3). Application for new certificate (5) A member whose certificate has been revoked under subsection (4) may apply for a new certificate of qualification and registration in accordance with the regulations. 2023, c. 11, Sched. 3, s. 5 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9, 10) - 15/12/2009 2023, c. 11, Sched. 3, s. 5 (1) - 08/06/2023; 2023, c. 11, Sched. 3, s. 5 (2, 3) - not in force Part III.I (ss. 24.1-24.11) Repealed:  2004, c. 26, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 14, Sched. B, s. 4 - 29/06/2001 2004, c. 26, s. 4
- 16/12/2004 PART IV   INVESTIGATION COMMITTEE
25 (1), (2) Repealed: 2020, c. 36, Sched. 33, s. 11. Same (3) No person who is a member of the Discipline Committee or the Fitness to Practise Committee shall be a member of the Investigation Committee.  1996, c. 12, s. 25. Section Amendments with date in force (d/m/y) 2019, c. 3, Sched. 3, s. 8 (1, 2) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 11 - 01/02/2021
26.2 (1) Subject to subsection (2), the Investigation Committee shall use its best efforts to dispose of a complaint within 120 days after the complaint is filed as described in clause 26 (3) (a). 2016, c. 24, Sched. 2, s. 6. Investigation stage complaint resolution process (2) If the Registrar refers a matter to an investigation stage complaint resolution process, (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 26.1 (8) or (9) shall not be counted. 2016, c. 24, Sched. 2, s. 6. Consultation before making regulation re clause (2) (a) (3) Before a regulation may be made for the purposes of clause (2) (a), the Council shall hold public consultations, in the manner that the Council considers appropriate, with any persons or bodies that are interested in the content of the proposed regulation. 2016, c. 24, Sched. 2, s. 6. If complaint not disposed of (4) 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. 2016, c. 24, Sched. 2, s. 6. If further delay (5) If the Committee has not disposed of the complaint by the expected date of disposition described in subsection (4), the Registrar shall provide the complainant and the member who is the subject of the complaint 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 (4), whichever is sooner. 2016, c. 24, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 6 - 05/12/2016 PART V   DISCIPLINE and fitness to practise 27 Repealed: 2020, c. 36, Sched. 33, s. 13. Section Amendments with date in force (d/m/y) 2019, c. 3, Sched. 3, s. 11 (1, 2) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 13 - 01/02/2021 28 Repealed: 2020, c. 36, Sched. 33, s. 13. Section Amendments with date in force (d/m/y) 2019, c. 3, Sched. 3, s. 12 (1, 2) - no effect - see 2020, c. 36, Sched. 33, s. 39 - 08/12/2020 2020, c. 36, Sched. 33, s. 13 - 01/02/2021
29 (1) The Adjudicative Body of Chairs 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.  1996, c. 12, s. 29 (1); 2020, c. 36, Sched. 33, s. 14 (1). Same (2) The Adjudicative Body of Chairs 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.  1996, c. 12, s. 29 (2); 2020, c. 36, Sched. 33, s. 14 (1). Interim suspension (3) The Adjudicative Body of Chairs may make an interim order directing the Registrar to suspend a member’s certificate of qualification and registration or impose terms, conditions or limitations on a member’s certificate of qualification and 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 Adjudicative Body of Chairs is of the opinion that the actions or conduct of the member exposes or is likely to expose students to harm or injury.  1996, c. 12, s. 29 (3); 2009, c. 33, Sched. 13, s. 2 (9, 10); 2020, c. 36, Sched. 33, s. 14 (1). Restriction (4) No order shall be made under subsection (3) unless the member has been given, (a)  notice of the Adjudicative Body of Chairs’ intention to make the order; and (b)  at least 14 days to make written submissions to the Adjudicative Body of Chairs. 2020, c. 36, Sched. 33, s. 14 (2). Same (5) Clause (4) (b) does not apply where the Adjudicative Body of Chairs is of the opinion that the delay would be inappropriate in view of the risk of harm or injury to students.  1996, c. 12, s. 29 (5); 2020, c. 36, Sched. 33, s. 14 (3). No hearing (6) Except as provided by this section, the Adjudicative Body of Chairs 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.  1996, c. 12, s. 29 (6); 2020, c. 36, Sched. 33, s. 14 (3). Procedure following order (7) If an order is made under subsection (3) in relation to a matter referred 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.  1996, c. 12, s. 29 (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.  1996, c. 12, s. 29 (8). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9, 10) - 15/12/2009 2020, c. 36, Sched. 33, s. 14 (1-3) - 01/02/2021
29.1 (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. 2016, c. 24, Sched. 2, s. 7; 2018, c. 8, Sched. 19, s. 4. Referral to Adjudicative Body of Chairs (2) The Registrar shall promptly refer a complaint described in subsection (1) to the Adjudicative Body of Chairs. 2016, c. 24, Sched. 2, s. 7; 2020, c. 36, Sched. 33, s. 15. Consideration by Adjudicative Body of Chairs (3) If a complaint is referred to the Adjudicative Body of Chairs under subsection (2), the Adjudicative Body of Chairs shall consider whether or not to make a direction under subsection 29 (1) and, if it makes such a direction, shall also consider whether or not to make an interim order under subsection 29 (3). 2016, c. 24, Sched. 2, s. 7; 2020, c. 36, Sched. 33, s. 15. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 7 - 05/12/2016 2018, c. 8, Sched. 19, s. 4 - 08/05/2018 2020, c. 36, Sched. 33, s. 15 - 01/02/2021
29.2 (1) The Adjudicative Body of Chairs may make an interim order directing the Registrar to suspend a member’s certificate of qualification and registration or impose terms, conditions or limitations on a member’s certificate of qualification and registration if, (a)  a complaint is referred to the Adjudicative Body of Chairs by the Investigation Committee under subsection 26 (1.2.1) or following the appointment of an investigator under section 36; and (b)  the Adjudicative Body of Chairs is of the opinion that the actions or conduct of the member exposes or is likely to expose a student to harm or injury. 2018, c. 8, Sched. 19, s. 5; 2020, c. 36, Sched. 33, s. 16 (1). Restriction (2) No order shall be made under subsection (1) unless the member has been given, (a)  notice of the Adjudicative Body of Chairs’ intention to make the order; and (b)  at least 14 days to make written submissions to the Adjudicative Body of Chairs. 2020, c. 36, Sched. 33, s. 16 (2). Same (3) Clause (2) (b) does not apply where the Adjudicative Body of Chairs is of the opinion that the delay would be inappropriate in view of the risk of harm or injury to a student. 2018, c. 8, Sched. 19, s. 5; 2020, c. 36, Sched. 33, s. 16 (3). No hearing (4) Except as provided by this section, the Adjudicative Body of Chairs 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. 19, s. 5; 2020, c. 36, Sched. 33, s. 16 (3). Procedure following order (5) If an order is made under subsection (1), the Investigation Committee shall consider and investigate the matter in accordance with section 26 expeditiously. 2018, c. 8, Sched. 19, s. 5. Same (6) If the Investigation Committee directs under clause 26 (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. 19, s. 5. Duration of order (7) An order under subsection (1) continues in force until the Investigation Committee makes a decision under clauses 26 (5) (b) to (d) or the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee. 2018, c. 8, Sched. 19, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 19, s. 5 - 08/05/2018 2020, c. 36, Sched. 33, s. 16 (1-3) - 01/02/2021
30.3 A member’s certificate of qualification and 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 30 (4) or (5) in which the member was found guilty of an act of professional misconduct consisting of or including sexual abuse of a student or a prohibited act involving child pornography and, (a)  the Discipline Committee did not order a revocation of the member’s certificate of qualification and registration; or (b)  the Discipline Committee ordered a revocation but the member’s certificate of qualification and registration was later reinstated under subsection 33 (6) or 34 (1). 2020, c. 36, Sched. 33, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 33, s. 18 - 08/12/2020
31 (1) The Fitness to Practise Committee shall, (a)  hear and determine matters directed or referred to it under section 26, 29 or 33; and (b)  perform such other duties as are prescribed by the regulations.  1996, c. 12, s. 31 (1); 2020, c. 36, Sched. 33, s. 19. Incapacity (2) The Fitness to Practise Committee may, after a hearing, find a member to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate held by the member under this Act should be made subject to terms, conditions or limitations.  1996, c. 12, s. 31 (2). Powers of Fitness to Practise Committee (3) Where the Fitness to Practise Committee finds a member to be incapacitated, it may make an order doing one or more of the following: 1.  Directing the Registrar to revoke any certificate held by the member under this Act. 2.  Directing the Registrar to suspend any certificate held by the member under this Act for a stated period, not exceeding 24 months. 3.  Directing the Registrar to impose specified terms, conditions or limitations on any certificate held by the member under this Act. 4.  Directing that the imposition of a penalty be postponed for a specified period and not be imposed if specified terms are met within that period.  1996, c. 12, s. 31 (3); 2009, c. 33, Sched. 13, s. 2 (9). 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 the penalty was imposed has been resolved.  1996, c. 12, s. 31 (4). Same (5) In making an order revoking or suspending a certificate or imposing terms, conditions or limitations on a certificate, the Committee may fix a period during which the member may not apply under section 33.  1996, c. 12, s. 31 (5). (6) Repealed: 2016, c. 24, Sched. 2, s. 10. Costs (7) Where the Fitness to Practise Committee is of the opinion that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member for his or her costs or such portion of them as the Committee fixes.  1996, c. 12, s. 31 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2016, c. 24, Sched. 2, s. 10 - 05/12/2016 2020, c. 36, Sched. 33, s. 19 - 01/02/2021
32.1 (1) In situations under section 32 or 33 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. 2016, c. 24, Sched. 2, s. 12. Same, complaint resolution process (2) In situations under section 30.1 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 disciplinary stage complaint resolution process, including orders banning the publication or broadcasting of those matters. 2016, c. 24, Sched. 2, s. 12. Witnesses, under 18 (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 disciplinary stage complaint resolution process. 2016, c. 24, Sched. 2, s. 12. Same, sexual abuse, sexual misconduct or child pornography (4) If a matter disclosed at a hearing or during a disciplinary stage complaint resolution process involves an allegation of sexual abuse of a student, 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. 2016, c. 24, Sched. 2, s. 12; 2019, c. 3, Sched. 3, s. 15. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 12 - 05/12/2016 2019, c. 3, Sched. 3, s. 15 - 03/04/2019 PART VI   REINSTATEMENT AND VARIATION Reinstatement and variation procedures
34 (1) The Adjudicative Body of Chairs 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 to the person. 2.  Directing the Registrar to remove the suspension of the person’s certificate.  1996, c. 12, s. 34; 2009, c. 33, Sched. 13, s. 2 (9); 2019, c. 3, Sched. 3, s. 17 (1-3); 2020, c. 36, Sched. 33, s. 22. Exception (2) An order under subsection (1) shall not be made if the person’s certificate was suspended or revoked for committing an act of professional misconduct that consisted of or included any of the following: 1.  Sexual abuse of a student. 2.  Sexual misconduct. 3.  A prohibited act involving child pornography. 4.  A prescribed sexual act. 2019, c. 3, Sched. 3, s. 17 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 13, s. 2 (9) - 15/12/2009 2016, c. 24, Sched. 2, s. 14 - 05/12/2016 2019, c. 3, Sched. 3, s. 17 (1-4) - 03/04/2019 2020, c. 36, Sched. 33, s. 22 - 01/02/2021 PART VII   APPEALS TO COURT