jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 No individual shall engage in the practice of a compulsory trade or hold himself or herself out as able to do so unless the individual holds a certificate of qualification in that trade that is not suspended or unless the individual is an apprentice in that trade and is working pursuant to a registered training agreement that is not suspended.  2009, c. 22, s. 2.
3 No individual shall hold himself or herself out as holding a certificate of qualification in a voluntary trade unless he or she holds a certificate of qualification in that trade that is not suspended.  2009, c. 22, s. 3.
4 No person shall employ or otherwise engage an individual to perform work or engage in a practice that constitutes engaging in the practice of a compulsory trade unless the individual holds a certificate of qualification in that trade that is not suspended or unless the individual is an apprentice in that trade and is working pursuant to a registered training agreement that is not suspended.  2009, c. 22, s. 4.
4.1 For the purposes of this Act, an individual “engages in the practice of a compulsory trade” if, (a)  where a Minister’s regulation has been made under subsection 63.6 (9) implementing the determinations of a classification panel in respect of the compulsory trade, the individual engages in a practice that is prescribed by the regulation as engaging in the practice of the compulsory trade; or (b)  where a Minister’s regulation referred to in clause (a) has not been made, the individual engages in any practice that is prescribed by the Board as being within the scope of practice of the compulsory trade. 2016, c. 37, Sched. 17, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 2 - 06/06/2017
5 No individual except a member of the College shall use the title of a compulsory trade or an abbreviation of the title of a compulsory trade to describe himself or herself in his or her work unless he or she holds a certificate of qualification in that trade that is not suspended.  2009, c. 22, s. 5.
6 No person except a member of the College shall represent or hold out expressly or by implication that he, she or it is a member of the College.  2009, c. 22, s. 6. 7 Repealed.  See:
Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2019
8 No sponsor of apprentices in a trade for which a journeyperson to apprentice ratio established by section 60 or by a Minister’s regulation shall permit an apprentice to work except in accordance with that ratio.  2009, c. 22, s. 8; 2018, c. 14, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 3, s. 2 - 21/11/2018 PART III   Ontario COLLEGE OF TRADES
9 (1) A college is established under the name Ontario College of Trades in English and Ordre des métiers de l’Ontario in French.  2009, c. 22, s. 9 (1). Body corporate (2) The College is a body corporate without share capital and with all the powers of a natural person.  2009, c. 22, s. 9 (2). Non-application of certain Acts (3) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the College.  2009, c. 22, s. 9 (3); 2016, c. 37, Sched. 17, s. 3. Not Crown agency (4) The College is not an agent of the Crown in right of Ontario for any purpose, despite the Crown Agency Act, and shall not hold itself out as such.  2009, c. 22, s. 9 (4). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 3 - 19/10/2021
10 The College has a duty to serve and protect the public interest in carrying out its objects and its functions under this Act.  2009, c. 22, s. 10.
11 (1) The College has the following objects: 1.  To establish the scopes of practice for trades and undertake reviews of the scopes of practice. 2.  To regulate the practice of trades. 3.  To govern the members of the College. 4.  To develop, establish and maintain qualifications for membership in the College. 5.  To issue certificates of qualification and statements of membership to members of the College and renew, amend, suspend, cancel, revoke or reinstate those certificates and statements as appropriate. 6.  To promote the practice of trades. 7.  To establish apprenticeship programs and other training programs for trades including training standards, curriculum standards and examinations. 8.  To maintain a public register of its members. 9.  Repealed: 2018, c. 14, Sched. 3, s. 3. 10.  Repealed: 2016, c. 37, Sched. 17, s. 4 (2). 11.  To receive and investigate complaints against members of the College and to deal with issues of discipline, misconduct, incompetency and incapacity. 12.  To address compliance and enforcement issues in respect of matters within the jurisdiction of the College. 13.  To provide for the ongoing education of members of the College. 14.  To work with other governments in Canada and the Minister with respect to the interprovincial standards program for apprenticeship and with respect to qualifications required for trades. 15.  To conduct research in relation to trades. 16.  To perform such additional functions as may be prescribed by a Lieutenant Governor’s regulation.  2009, c. 22, s. 11 (1); 2016, c. 37, Sched. 17, s. 4 (1-3); 2018, c. 14, Sched. 3, s. 3. Same (2) In carrying out the objects described in paragraph 12 of subsection (1), the College shall consult with other entities, including ministries of the Government of Ontario, that have legislative authority relating to compliance and enforcement issues.  2009, c. 22, s. 11 (2); 2016, c. 37, Sched. 17, s. 4 (4). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 4 (1-4) - 08/12/2016 2018, c. 14, Sched. 3, s. 3 - 21/11/2018
11.1 (1) The College shall develop a compliance and enforcement policy respecting the object set out in paragraph 12 of subsection 11 (1), which shall include, (a)  a description of what constitutes a risk of harm and of how such risks will be accounted for in the enforcement of sections 2 and 4; (b)  an annual identification of risks that will be the enforcement focus for a compulsory trade for the year; and (c)  a description of how the College will fulfil its duty under subsection 11 (2). 2016, c. 37, Sched. 17, s. 5. Compliance and Enforcement Committee recommendations (2) The Compliance and Enforcement Committee established under section 34.1 shall provide its recommendations regarding the contents of the College’s compliance and enforcement policy to the Board and the Minister within 120 days after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent. 2016, c. 37, Sched. 17, s. 5. Board approval (3) The compliance and enforcement policy must be approved by the Board before it is implemented. 2016, c. 37, Sched. 17, s. 5. Same (4) The Board shall, within 180 days after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent, approve a compliance and enforcement policy, send the approved policy to the Minister and make the policy public. 2016, c. 37, Sched. 17, s. 5. Amendments (5) The Compliance and Enforcement Committee may recommend amendments to the policy at any time, but any such amendments must be approved by the Board before they are implemented. 2016, c. 37, Sched. 17, s. 5. Same (6) The Board shall, upon making amendments to the compliance and enforcement policy or approving amendments recommended by the Compliance and Enforcement Committee, send the amendments to the Minister and make them public promptly. 2016, c. 37, Sched. 17, s. 5. Same (7) For the purposes of subsections (4) and (6), the compliance and enforcement policy shall be available for public inspection during normal business hours in the office of the College and be posted on the College’s website or made available through a hyperlink at the College’s website. 2016, c. 37, Sched. 17, s. 5. Policy not a regulation (8) The compliance and enforcement policy is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2016, c. 37, Sched. 17, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 5 - 08/12/2016
12 The College shall have a board of governors that shall be its governing body and the Board shall manage and administer the affairs of the College.  2009, c. 22, s. 12.
13 (1) The Board shall be composed of 21 members appointed by the Appointments Council in accordance with the following: 1.  Four members shall be selected from each of the construction, motive power, industrial and service sectors.  Two of the members for each of the sectors shall be selected as employee representatives and two shall be selected as employer representatives. 2.  Four members shall be selected as representing the public.  These individuals shall not be members of the College or have an affiliation with a member of the College or with a compulsory trade or a voluntary trade or an employer of individuals in a compulsory trade or a voluntary trade that, in the opinion of the Appointments Council, may bias their decisions. 3.  One member shall be selected as representing the colleges of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002.  2009, c. 22, s. 13 (1). Chair (2) The Board, in accordance with the by-laws, shall elect the chair of the Board.  2009, c. 22, s. 13 (2). Term of office (3) The term of office of a Board member shall not exceed three years.  2009, c. 22, s. 13 (3). Multiple terms (4) A Board member may serve for more than one term.  2009, c. 22, s. 13 (4). (5) Repealed: 2018, c. 14, Sched. 3, s. 15. Role of Registrar (6) The Registrar shall serve as secretary to the Board and has all the rights of participation at Board meetings that a Board member has, other than the right to vote.  2009, c. 22, s. 13 (6). Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 3, s. 15 - 01/07/2019
14 Eleven members of the Board constitute a quorum.  2009, c. 22, s. 14.
15 If one or more vacancies occur in the membership of the Board, the members remaining on the Board constitute the Board so long as their number is not fewer than the quorum established by section 14 or by a Minister’s regulation.  2009, c. 22, s. 15; 2018, c. 14, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 3, s. 4 - 21/11/2018
16 (1) Subject to subsections (2) and (3), the meetings of the Board shall be open to the public and reasonable notice shall be given to the members of the College and to the public.  2009, c. 22, s. 16 (1). Exceptions (2) The Board may exclude the public, including members of the College, 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 the meetings be open to the public; (b)  a person involved in a civil or criminal proceeding may be prejudiced; (c)  the safety of an individual may be jeopardized; (d)  personnel matters or property transactions will be discussed; or (e)  litigation affecting the College will be discussed or instructions will be given to or opinions received from solicitors for the College.  2009, c. 22, s. 16 (2). Same (3) The Board may also exclude the public, including members of the College, from a meeting or any part of a meeting in which it will deliberate whether to exclude the public from a meeting or part of a meeting.  2009, c. 22, s. 16 (3).
17 The Board shall meet at least six times each year.  2009, c. 22, s. 17.
18 For the purposes of sections 13, 19 and 20, the construction, motive power, industrial and service sectors shall each consist of the trades that are prescribed by a Minister’s regulation as belonging to the particular sector.  2009, c. 22, s. 18.
19 (1) The College shall have four boards to be known as divisional boards, one for each of the construction, motive power, industrial and service sectors.  2009, c. 22, s. 19 (1). Functions (2) A divisional board shall advise the Board on issues relating to trades within their respective sectors and perform such other functions as may be assigned by the Board.  2009, c. 22, s. 19 (2). Composition (3) A divisional board shall be composed of five members appointed by the Appointments Council in accordance with the following: 1.  Four members shall be selected from the relevant sector.  Two of the members shall be selected as employee representatives and two shall be selected as employer representatives. 2.  The fifth member shall be a Board member for the same sector as the divisional board and he or she shall be the chair of the divisional board.  2009, c. 22, s. 19 (3). Term of office (4) The term of office of a divisional board member shall not exceed three years.  2009, c. 22, s. 19 (4). Multiple terms (5) A member of a divisional board may serve for more than one term.  2009, c. 22, s. 19 (5). Same (6) A member of a divisional board may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the divisional board.  2009, c. 22, s. 19 (6).
20 (1) The Board may establish a body, to be known as a trade board, for a trade or group of trades in a sector, and shall specify whether the trade board is to have four, six, eight, 10 or 12 members.  2009, c. 22, s. 20 (1). Functions (2) A trade board, (a)  shall advise the divisional board for its sector on issues relating to the trade or group of trades in relation to which it was established; (b)  may make recommendations, relating to the trade or group of trades in relation to which it was established, to the divisional board; and (c)  shall perform such other functions as may be assigned by the divisional board or the Board.  2009, c. 22, s. 20 (2). Duty of divisional board (3) A divisional board shall, within a reasonable time after receiving recommendations from a trade board under clause (2) (b), (a)  consider the recommendations, make a decision about them and send a written response to the trade board; and (b)  advise the Board of the recommendations, decision and response.  2009, c. 22, s. 20 (3). Composition (4) A trade board shall be appointed by the Appointments Council and shall be composed of equal numbers of members selected as employee representatives and as employer representatives, all selected from the relevant trade or group of trades.  2009, c. 22, s. 20 (4). Term of office (5) The term of office of a trade board member shall not exceed three years.  2009, c. 22, s. 20 (5). Multiple terms (6) A trade board member may serve for more than one term.  2009, c. 22, s. 20 (6). Same (7) A trade board member may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the trade board.  2009, c. 22, s. 20 (7).
21 (1)-(4.1) Repealed: 2018, c. 14, Sched. 3, s. 5. Roster of adjudicators (5) The Appointments Council shall develop and maintain a roster of adjudicators for the purposes of this Act; those appointed to the roster shall be capable of, and shall act, in a neutral and impartial manner.  2009, c. 22, s. 21 (5). Term of office (6) The term of office of a roster member shall not exceed three years.  2009, c. 22, s. 21 (6). Multiple terms (7) A roster member may serve for more than one term.  2009, c. 22, s. 21 (7). Limitation (8) A roster member may not serve for more than six consecutive years but an individual is eligible for reappointment after one year’s absence from the roster.  2009, c. 22, s. 21 (8). Same (9) Members of the Board, the divisional boards and the trade boards are not eligible for appointment to the roster of adjudicators.  2009, c. 22, s. 21 (9). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 6 (1, 2) - 08/12/2016; 2016, c. 37, Sched. 17, s. 6 (3) - 23/04/2018 2018, c. 14, Sched. 3, s. 5 - 21/11/2018
22 Members of the Board, the divisional boards, the trade boards and the roster of adjudicators, in carrying out their duties and regardless of whether they were appointed from a particular sector or as employee representatives or as employer representatives, (a)  shall serve and protect the public interest; and (b)  shall act in accordance with such conflict of interest rules as may be prescribed by the by-laws.  2009, c. 22, s. 22.
23 Members of the Board, the divisional boards, the trade boards and the roster of adjudicators may be removed from office as provided in a Lieutenant Governor’s regulation.  2009, c. 22, s. 23.
24 If a vacancy occurs, other than by reason of the expiry of a term, in the Board, the divisional boards, the trade boards or the roster of adjudicators, the Registrar shall advise the Appointments Council and the Appointments Council shall appoint a new member in accordance with section 63.1.  2009, c. 22, s. 24; 2016, c. 37, Sched. 17, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 7 - 08/12/2016
25 (1) The Board may employ such individuals as it considers advisable and shall have the officers provided for by the by-laws.  2009, c. 22, s. 25 (1). Registrar appointed (2) The Board shall appoint one of its employees as the Registrar of the College.  2009, c. 22, s. 25 (2). Deputy registrars (3) The Board may appoint one or more deputy registrars who shall have the powers of the Registrar as set out in the by-laws.  2009, c. 22, s. 25 (3). Chief executive officer (4) The Registrar is the chief executive officer of the College.  2009, c. 22, s. 25 (4). Chief diversity officer (5) The Registrar shall appoint an employee of the College to the position of chief diversity officer to advise the Registrar on matters related to diversity, access and inclusion, and to perform such other functions as may be assigned by the Registrar.  2009, c. 22, s. 25 (5).
26 (1) The Board shall report annually to the Minister on the activities and financial affairs of the College.  2009, c. 22, s. 26 (1). Same (2) The report shall include audited financial statements.  2009, c. 22, s. 26 (2).
27 (1) The Minister may, (a)  review the activities of the Board and require it to provide reports and information; (b)  require the Board to do anything that the Minister believes is necessary or advisable to carry out the objects of the College; (c)  require the Board to make, amend or revoke a Board regulation.  2009, c. 22, s. 27 (1). Board to comply (2) If the Minister requires the Board to do anything under subsection (1), it 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.  2009, c. 22, s. 27 (2). Regulations (3) If the Minister requires the Board to make, amend or revoke a Board regulation under clause (1) (c) and it does not do so within 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the Board regulation.  2009, c. 22, s. 27 (3).
28 (1) Every person who holds a certificate of qualification or who holds a statement of membership is a member of the College, subject to any term, condition or limitation to which the certificate or statement is subject.  2009, c. 22, s. 28 (1). Resignation of membership (2) Members of the College may resign their membership by filing a resignation in writing with the Registrar and when a member does so, their certificate of qualification or statement of membership is cancelled.  2009, c. 22, s. 28 (2). Continuing jurisdiction: revocation, cancellation (3) A person whose certificate of qualification or statement of membership is revoked or cancelled continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person held the certificate or statement.  2009, c. 22, s. 28 (3).
29 The College shall hold an annual meeting of the members of the College not more than 15 months after the holding of the last preceding annual meeting of members.  2009, c. 22, s. 29.
30 (1) The Board shall establish the following committees: 1.  Executive Committee. 2.  Registration Appeals Committee. 3.  Complaints Committee. 4.  Discipline Committee. 5.  Fitness to Practise Committee.  2009, c. 22, s. 30 (1). Same (2) The Board shall appoint the members of the committees in accordance with the by-laws.  2009, c. 22, s. 30 (2). Chair (3) The Board shall appoint one of the members of each committee as the chair of that committee.  The chair must be chosen from among the members of the Board.  2009, c. 22, s. 30 (3). Panel appointed (4) The chair of a committee named in subsection (1) may appoint panels from among the committee’s members and authorize them to conduct reviews, to consider and investigate written complaints and to hold hearings.  2009, c. 22, s. 30 (4). Same (5) Each panel shall be composed of at least three members.  2009, c. 22, s. 30 (5). Same (6) A decision of a panel shall be deemed to be the decision of the committee from which it was appointed.  2009, c. 22, s. 30 (6).
31 The Board may establish other committees that the Board from time to time considers necessary.  2009, c. 22, s. 31.
32 If one or more vacancies occur in the membership of a committee of the Board, the members remaining on the committee constitute the committee so long as their number is not fewer than the quorum established in the by-laws.  2009, c. 22, s. 32.
33 If, after a committee commences a hearing into a matter, a member of the committee ceases to be a member of the committee, the member shall be deemed, for the purposes of dealing with that matter, to remain a member of the committee until the final disposition of the matter.  2009, c. 22, s. 33.
34 If, after a committee commences a hearing into a matter, a member of the committee becomes incapacitated, the remaining members of the committee may continue to hear the matter and render a decision with respect to the matter.  2009, c. 22, s. 34.
34.1 (1) In addition to the committees named in subsection 30 (1), the Board shall establish a Compliance and Enforcement Committee to advise the Board on compliance and enforcement issues in respect of matters within the jurisdiction of the College. 2016, c. 37, Sched. 17, s. 8. Duties re policy (2) The Compliance and Enforcement Committee shall, in addition to performing its duties under subsection (1), (a)  develop recommendations regarding the contents of the compliance and enforcement policy referred to in section 11.1; (b)  develop recommendations regarding amendments to the policy at any time the Committee determines is necessary; and (c)  review the policy and its implementation by the College as often as it considers necessary and, in any event, not less than annually. 2016, c. 37, Sched. 17, s. 8. Same (3) The Board shall appoint the members of the Compliance and Enforcement Committee in accordance with the following: 1.  One member shall be a person selected by the Minister to represent the ministry of the Minister. 2.  One member shall be a person selected by the Minister to represent another ministry that has legislative authority relating to compliance and enforcement issues. 3.  Four members shall be members of the governing structure of the College, one affiliated with each of the four sectors described in section 18. At least one such member shall not be a member of the Board. 4.  Two members shall be persons appointed to represent the public and promote consumer protection. 5.  One member shall be a deputy registrar of the College. 2016, c. 37, Sched. 17, s. 8. Chair (4) The Board shall appoint one of the members described in paragraph 3 of subsection (3) who is a member of the Board as the chair of the Compliance and Enforcement Committee. 2016, c. 37, Sched. 17, s. 8. Non-application (5) Sections 33 and 34 do not apply to the Compliance and Enforcement Committee. 2016, c. 37, Sched. 17, s. 8. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 8 - 08/12/2016
35 The Board may delegate to the Executive Committee or to a divisional board the authority to exercise any power or to perform any duty of the Board other than the power to make, amend or revoke a Board regulation or by-law.  2009, c. 22, s. 35. PART IV   REGISTRATION
36 (1) The College shall have the following classes of members: 1.  Journeypersons. 2.  Apprentices. 3.  Persons who employ journeypersons or who sponsor or employ apprentices. 4.  Such other classes of membership as may be prescribed by a Board regulation.  2009, c. 22, s. 36 (1). Same (2) With respect to every trade, there shall be, (a)  a class of members to which journeypersons in the trade or members of a class prescribed by a Board regulation as described in paragraph 4 of subsection (1) are eligible to belong; (b)  a class of members to which apprentices in the trade are eligible to belong; and (c)  a class of members to which persons who employ journeypersons or who sponsor or employ apprentices in the trade are eligible to belong.  2009, c. 22, s. 36 (2). Granting registration
38 (1) The Registrar shall give an applicant for a certificate of qualification or a statement of membership, at the applicant’s request, a copy of each document the College has that is relevant to the application.  2009, c. 22, s. 38 (1). Exception (2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of an individual.  2009, c. 22, s. 38 (2).
39 (1) If the Registrar proposes to do one of the following, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant: 1.  Refuse to issue a certificate of qualification or a statement of membership. 2.  Impose terms, conditions or limitations to which the applicant has not consented on a certificate of qualification or statement of membership to be issued.  2009, c. 22, s. 39 (1). Exception (2) Subsection (1) does not apply if the Registrar refuses to issue a certificate of qualification or a statement of membership under subsection 37 (5).  2009, c. 22, s. 39 (2). 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).  2009, c. 22, s. 39 (3). Request for review (4) The request for review shall be in writing and shall be served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant.  2009, c. 22, s. 39 (4). Submissions (5) The request for review may be accompanied by written submissions.  2009, c. 22, s. 39 (5). Power of Registrar if no request (6) If an applicant does not request a review in accordance with subsection (4), the Registrar shall carry out the proposal stated in the notice under subsection (1).  2009, c. 22, s. 39 (6). Same (7) If the Registrar imposes terms, conditions or limitations on the applicant’s certificate of qualification or statement of membership under subsection (6), the Registrar may fix a period of not longer than one year during which the applicant may not apply under section 41.  2009, c. 22, s. 39 (7).
40 (1) If an applicant requests a review in accordance with subsection 39 (4), the Registration Appeals Committee shall conduct the review.  2009, c. 22, s. 40 (1). Exception (2) Despite subsection (1), the Committee shall refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process.  2009, c. 22, s. 40 (2). Extension of time for requesting review (3) The Committee may extend the time for requesting a review under subsection 39 (4) if it is satisfied that there are apparent grounds for granting relief on the review and that there are reasonable grounds for applying for the extension.  2009, c. 22, s. 40 (3). Examination of documents, submissions (4) Subject to subsection (5), the Committee shall ensure that the person requesting the review 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 review.  2009, c. 22, s. 40 (4). Exception (5) The Committee may refuse to give a person an opportunity to examine a document if doing so may, in the Committee’s opinion, jeopardize the safety of an individual.  2009, c. 22, s. 40 (5). No hearing (6) Except as provided by section 39 and this section, the 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 Part.  2009, c. 22, s. 40 (6). Order (7) After considering the request for review, the submissions and any document that the Committee considers relevant, the Committee may make an order doing one or more of the following: 1.  Directing the Registrar to issue the certificate of qualification or statement of membership. 2.  Directing the Registrar to issue the certificate of qualification or statement of membership and to make it subject to specified terms, conditions or limitations. 3.  Directing the Registrar to vary specified terms, conditions or limitations in the Registrar’s proposal. 4.  Directing the Registrar to refuse to issue a certificate of qualification or statement of membership.  2009, c. 22, s. 40 (7). Same (8) If the Committee makes an order under paragraph 3 of subsection (7), the Committee may fix a period of not longer than one year during which the person who requested the review may not apply under section 41.  2009, c. 22, s. 40 (8). Service of decision on parties (9) The Committee shall give its decision under this section in writing to the Registrar, with reasons, within 60 days after considering the request for review and shall serve the person who requested the review with a copy.  2009, c. 22, s. 40 (9).
41 (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 Committee on the member’s certificate of qualification or statement of membership.  2009, c. 22, s. 41 (1). Same (2) The application must be in writing and accompanied by the fee prescribed for the purpose by the by-laws.  2009, c. 22, s. 41 (2). Limitations (3) The right to apply under subsection (1) is subject to, (a)  any limitation imposed by the Registrar or the Committee under section 37, 39 or 40; and (b)  any limitation imposed under subsection (9) in the disposition of a previous application under this section.  2009, c. 22, s. 41 (3). Submissions (4) The application may be accompanied by written submissions.  2009, c. 22, s. 41 (4). Examination of documents, submissions (5) Subject to subsection (6), the 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.  2009, c. 22, s. 41 (5). Exception (6) The Committee may refuse to give a person an opportunity to examine a document if doing so may, in the Committee’s opinion, jeopardize the safety of an individual.  2009, c. 22, s. 41 (6). No hearing (7) Except as provided by this section, the 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.  2009, c. 22, s. 41 (7). Orders (8) After considering the application, the submissions and any document that the Committee considers relevant, the 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 or statement of membership. 3.  Directing the Registrar to impose specified terms, conditions or limitations on the certificate of qualification or statement of membership.  2009, c. 22, s. 41 (8). Limitations on application (9) The 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).  2009, c. 22, s. 41 (9). Order to return fee (10) The Committee may order that the fee paid under subsection (2) be returned to the applicant if, in the opinion of the Committee, to do so would be appropriate in all the circumstances.  2009, c. 22, s. 41 (10). Service of decision on parties (11) The Committee shall give its decision under this section in writing to the Registrar, with reasons, within 60 days after considering the request for review and shall serve the person who requested the review with a copy.  2009, c. 22, s. 41 (11).
42 (1) The Registrar shall maintain a register.  2009, c. 22, s. 42 (1). Contents (2) Subject to any by-law respecting the removal of information from the register, the register shall contain, (a)  the name of each member of the College and an indication as to whether the member holds a certificate of qualification or a statement of membership; (b)  the name of each trade for which a member holds a certificate of qualification; (c)  the name of each class of membership for which a member holds a statement of membership; (d)  any terms, conditions and limitations imposed on the member’s certificate of qualification or statement of membership; (e)  a notation of every revocation, cancellation and suspension of a member’s certificate of qualification or statement of membership; (f)  information that a committee referred to in subsection 30 (1) or established under section 31 directs shall be included; (g)  information that the by-laws prescribe as information to be kept in the register.  2009, c. 22, s. 42 (2). Same (3) Despite clauses (2) (f) and (g), a committee shall not direct and the by-laws shall not prescribe more personal information to be included in the register than is necessary to serve and protect the public interest under this Act.  2009, c. 22, s. 42 (3). Inspection (4) The register shall be available for public inspection during normal business hours in the office of the College and shall be posted on the College’s website or made available through a hyperlink at the College’s website.  2009, c. 22, s. 42 (4). Copies (5) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of the register.  2009, c. 22, s. 42 (5).
43 (1) The Registrar may suspend the certificate of qualification or statement of membership of a member of the College for, (a)  failure to pay a fee or penalty prescribed by the by-laws; (b)  failure to provide information required by the by-laws; or (c)  failure to provide proof of completion of ongoing education requirements as required by a Board regulation.  2009, c. 22, s. 43 (1). Same (2) The Registrar shall not suspend a member’s certificate of qualification or statement of membership without first giving the member 60 days notice of the default and intention to suspend.  2009, c. 22, s. 43 (2). Reinstatement (3) A person whose certificate of qualification or statement of membership has been suspended 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.  2009, c. 22, s. 43 (3). PART V   COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE
45 (1) The Board or the Executive Committee 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.  2009, c. 22, s. 45 (1). Same (2) The Board or the Executive Committee 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.  2009, c. 22, s. 45 (2). Interim suspension (3) The Board or the Executive Committee may make an interim order directing the Registrar to suspend the certificate of qualification or statement of membership of a member of the College or impose terms, conditions or limitations on a member’s certificate of qualification or statement of membership if, (a)  an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Practise Committee; and (b)  the Board or the Executive Committee believes that the actions or conduct of the member directly or indirectly exposes or is likely to expose an individual to harm or injury.  2009, c. 22, s. 45 (3). Restriction (4) No order shall be made under subsection (3) unless the member has been given, (a)  notice of the Board’s or the Executive Committee’s intention to make the order; and (b)  at least 14 days to make written submissions to the Board or the Executive Committee.  2009, c. 22, s. 45 (4). No hearing (5) Except as provided by this section, the Board or the Executive Committee 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.  2009, c. 22, s. 45 (5). Procedure following order (6) If an order is made under subsection (3) in relation to a matter referred to the Discipline Committee or to the Fitness to Practise Committee, (a)  the Board or the Executive Committee shall ensure that the committee proceeds with the matter expeditiously; and (b)  the committee shall give precedence to the matter.  2009, c. 22, s. 45 (6). Duration of order (7) An order under subsection (3) continues in force until the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee.  2009, c. 22, s. 45 (7).
47 (1) The Fitness to Practise Committee shall, (a)  hear and determine matters directed or referred to it under section 44, 45 or 49; and (b)  perform any other duties assigned to it by the Board.  2009, c. 22, s. 47 (1). Incapacity (2) The Fitness to Practise Committee may, after a hearing, find a member of the College to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that, (a)  the member is unfit to continue to carry out his or her professional responsibilities; or (b)  the member’s certificate of qualification or statement of membership should be made subject to terms, conditions or limitations.  2009, c. 22, s. 47 (2). Powers of Fitness to Practise Committee (3) If the Fitness to Practise Committee finds a member to be incapacitated, it shall make an order doing one or more of the following: 1.  Directing the Registrar to revoke the member’s certificate of qualification or statement of membership. 2.  Directing the Registrar to suspend the member’s certificate of qualification or statement of membership for a specified period, not exceeding 24 months. 3.  Directing the Registrar to impose specified terms, conditions or limitations on the member’s certificate of qualification or statement of membership. 4.  Directing that the Registrar not carry out a direction made under paragraph 1, 2 or 3 for a specified period and not carry out the direction at all if specified terms are met within that period.  2009, c. 22, s. 47 (3). 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 a direction was issued has been resolved.  2009, c. 22, s. 47 (4). Same (5) In making an order revoking or suspending a certificate of qualification or statement of membership or imposing terms, conditions or limitations on a certificate of qualification or statement of membership, the Committee may fix a period during which the member may not apply under section 49.  2009, c. 22, s. 47 (5). Publication on request (6) The Fitness to Practise Committee shall cause a determination by the Committee that an allegation of incapacity was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made.  2009, c. 22, s. 47 (6). Costs (7) If the Fitness to Practise Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member for his or her costs or the portion of them fixed by the Committee.  2009, c. 22, s. 47 (7).
50 The Board or Executive Committee may, without a hearing, with respect to a person who has had a certificate of qualification or statement of membership 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 of qualification or statement of membership to the person. 2.  Directing the Registrar to remove the suspension of the person’s certificate of qualification or statement of membership.  2009, c. 22, s. 50. PART VII   APPEALS TO COURT
51 (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.  2009, c. 22, s. 51 (1). Same (2) For purposes of this section, a person who requests a review under section 39 is a party to the review by the Registration Appeals Committee.  2009, c. 22, s. 51 (2). 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.  2009, c. 22, s. 51 (3). 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 the 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 any directions the court considers appropriate.  2009, c. 22, s. 51 (4). Effect of appeal (5) An appeal from a decision or order of a committee mentioned in subsection (1) does not operate as a stay of that decision or order.  2009, c. 22, s. 51 (5). PART VIII   REGISTRAR’S POWERS OF INVESTIGATION and Inspection
52 In this Part, “inspector” means an individual appointed by the Registrar to act as an inspector for the purposes of section 54; (“inspecteur”) “investigator” means an individual appointed by the Registrar to act as an investigator for the purposes of section 53. (“enquêteur”)  2009, c. 22, s. 52.
53 (1) If the Registrar believes on reasonable and probable grounds, (a)  that a member of the College has committed an act of professional misconduct or is incompetent or incapacitated; (b)  that there is cause to refuse to issue a certificate of qualification or statement of membership applied for under this Act; (c)  that there is cause to suspend or revoke a certificate of qualification or statement of membership issued under this Act; or (d)  that there is cause to impose terms, conditions or limitations on a certificate of qualification or statement of membership 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.  2009, c. 22, s. 53 (1). Approval of Executive Committee (2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee.  2009, c. 22, s. 53 (2). 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 matter the Registrar sought to be investigated in appointing the investigator.  2009, c. 22, s. 53 (3). Application of Public Inquiries Act, 2009 (4) Section 33 of the Public Inquiries Act, 2009 applies to the investigation. 2015, c. 27, Sched. 6, s. 2. Entry on work premises, investigation of journeyperson (5) On production of his or her appointment, the investigator may, if the member being investigated is a journeyperson, enter at any reasonable time the place of work of the member or the premises of the member’s employer and may examine any document, record or thing found there that is relevant to the investigation.  2009, c. 22, s. 53 (5). Entry on premises, other investigations (6) On production of his or her appointment, the investigator may, if the member being investigated holds a statement of membership in the class referred to in paragraph 3 of subsection 36 (1), enter at any reasonable time the place of business of the member or any work location at which the member employs a journeyperson or sponsors or employs an apprentice and may examine any document, record or thing found there that is relevant to the investigation.  2009, c. 22, s. 53 (6). Dwellings (7) Subsections (5) and (6) do not authorize entry of a dwelling without the consent of the occupier.  2009, c. 22, s. 53 (7). Section Amendments with date in force (d/m/y) 2015, c. 27, Sched. 6, s. 2 - 03/12/2015
54 (1) The Registrar may appoint inspectors for the purpose of determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1).  2009, c. 22, s. 54 (1). Entry on premises (2) An inspector may enter any premises and may examine any documents or other things on the premises for the purpose referred to in subsection (1).  2009, c. 22, s. 54 (2). Dwellings (3) Subsection (2) does not authorize entry of a dwelling without the consent of the occupier.  2009, c. 22, s. 54 (3). Time for entry (4) The power to enter premises under subsection (2) may be exercised at any reasonable time.  2009, c. 22, s. 54 (4). Identification (5) An inspector who enters premises under subsection (2) shall, on request, produce identification that provides evidence of his or her authority.  2009, c. 22, s. 54 (5).
55 On the application, made without notice, of an investigator conducting an investigation under section 53, a justice of the peace may 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.  2009, c. 22, s. 55.
56 On the application, made without notice, of an inspector appointed for the purposes of section 54, a justice of the peace may issue a warrant authorizing the inspector to enter and search a place and examine anything that is relevant to determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1), if the justice of the peace is satisfied that the inspector has been properly appointed and that there are reasonable and probable grounds for believing that something relevant to the inspection is at the place.  2009, c. 22, s. 56.
57 (1) A warrant issued under section 55 or 56 does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant.  2009, c. 22, s. 57 (1). Assistance and entry by force (2) An investigator or an inspector entering and searching a place under the authority of a warrant issued under section 55 or 56, as the case may be, may be assisted by a peace officer and may enter a place by force.  2009, c. 22, s. 57 (2). Investigator to show identification (3) An investigator or an inspector, entering and searching a place under the authority of a warrant issued under section 55 or 56, as the case may be, shall produce his or her identification, on request, to any person at the place.  2009, c. 22, s. 57 (3). Documents and objects