Ontario College of Teachers Act, 1995

EXPLANATORY NOTE

The Bill establishes the Ontario College of Teachers to regulate and govern the profession of teaching.

Part I of the Bill sets out definitions.

Part II of the Bill contains general provisions relating to the objects, organization and administration of the College and its board of directors, the Council. The Part includes provisions respecting the relationship between the College and the Minister of Education and Training (sections 10 to 12). Membership in the College is defined and annual meetings of the members are required (sections 13 and 14).

Part III of the Bill sets out the powers and duties of the Registrar and the Registration Appeals Committee in relation to the registration of members of the College. The Part also provides for the keeping of a register (section 22) and for suspension by the Registrar for failure to pay fees or to provide information required by the by-laws (section 23).

Part IV of the Bill sets out the powers and duties of the Investigation Committee, which investigates complaints relating to professional misconduct or incompetence on the part of a member of the College.

Part V of the Bill establishes a disciplinary process for members of the College and sets out the powers and duties of the Discipline Committee.

Part VI of the Bill provides for procedures for relief from sanctions imposed on members of the College under the Bill.

Part VII of the Bill permits appeals to court from decisions of the Registration Appeals Committee and the Discipline Committee.

Part VIII of the Bill permits the Registrar, in specified circumstances, to appoint an investigator to inquire into the conduct or actions of a member of the College.

Part IX of the Bill provides authority to make regulations and by-laws.

Part X of the Bill contains miscellaneous provisions.

Part XI of the Bill contains transitional provisions.

Part XII of the Bill contains consequential amendments to the Education Act, the Provincial Schools Negotiations Act, the School Boards and Teachers Collective Negotiations Act and the Teaching Profession Act.

Part XIII of the Bill contains the commencement and short title provisions.

Bill 311995

An Act to establish the

Ontario College of Teachers and

to make related amendments

to certain statutes

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

DEFINITIONS

Definitions

1. In this Act,

"by-laws" means the by-laws made under this Act;

("règlements administratifs")

"College" means the Ontario College of Teachers; ("Ordre")

"document" means a record of information in any form and includes any part of it; ("document")

"Minister" means the Minister responsible for the administration of this Act; ("ministre")

"regulations" means the regulations made under this Act;

("règlements")

"school board" means a board as defined in subsection 1 (1) of the Education Act and includes The Metropolitan Toronto School Board. ("conseil scolaire")

PART II

COLLEGE

College established

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 Corporations Act and Corporations Information Act do not apply to the College, except as specifically made applicable by this Act or the regulations.

Objects

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 registration and qualification.

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 discipline members.

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 promote the profession of teaching and communicate with the public on behalf of the members of the College.

11. To perform such additional functions as are prescribed by the regulations.

Duty

(2) In carrying out its objects, the College has a duty to serve and protect the public interest.

Council

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.

Composition of Council

(2) The Council shall be composed of,

(a) 17 persons who are members of the College and who are elected by the members of the College in accordance with the regulations; and

(b) 14 persons who are appointed by the Lieutenant Governor in Council in accordance with the regulations.

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.

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.

Term of office

5. (1) No term of a Council member shall exceed three years, except as permitted by regulation.

Multiple terms

(2) A person may be a Council member for more than one term but no person may be a Council member for more than 10 consecutive years.

Qualifications to vote

6. (1) Subject to the regulations, every member of the College who is in good standing is entitled to vote at an election of members of the Council.

Good standing

(2) A member is in good standing for the purposes of this section if,

(a) the member is not in default of payment of a membership fee prescribed by the by-laws; and

(b) the member's certificate of qualification and registration is not suspended.

Vacancies

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.

Council meetings

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.

Officers

9. (1) The Council may employ such persons as it considers advisable and shall have the officers provided for by the by-laws.

Registrar

(2) The Council shall appoint one of its employees as the Registrar and may appoint one or more deputy registrars who shall have the powers of the Registrar for the purposes of this Act.

Chief executive officer

(3) The Registrar shall be the chief executive officer of the College.

Meeting with Minister

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.

Annual report

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.

Powers of Minister

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 or by-law.

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.

Regulations

(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 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the regulation.

By-laws

(4) If the Minister requires the Council to make, amend or revoke a by-law under clause (1) (c) and the Council does not do so within 60 days, the Lieutenant Governor in Council may, by order, make, amend or revoke the by-law.

Authority of Lieutenant Governor in Council

(5) Subsections (3) and (4) do not give the Lieutenant Governor in Council authority to do anything that the Council does not have authority to do.

Copies of regulations, orders

(6) The Council shall ensure that a copy of each regulation made under subsection (3) and each order made under subsection (4) is available for public inspection in the office of the College.

Same

(7) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any regulation made under subsection (3) or order made under subsection (4).

Expenses of College

(8) The Minister may pay the College for expenses incurred in complying with a requirement under subsection (1).

Annual meeting of members

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.

Membership

14. (1) Every person who holds a certificate of qualification and registration is a member of the College, subject to any term, condition or limitation to which the certificate is subject.

Resignation of membership

(2) A member may resign his or her membership by filing a resignation in writing with the Registrar.

Same

(3) The certificate of qualification and registration of a person who files a resignation is cancelled.

Expiry of membership

(4) A certificate of qualification and registration that expires in accordance with the regulations is cancelled.

Continuing jurisdiction: revocation, cancellation

(5) A person whose certificate of qualification and registration is revoked or cancelled continues to be subject to the jurisdiction of the College for professional misconduct or incompetence referable to any time during which the person held,

(a) a certificate of qualification and registration under this Act; or

(b) an Ontario Teacher's Certificate or a letter of standing as a teacher under the Education Act.

Committees

15. (1) The Council shall establish the following committees:

1. Executive Committee.

2. Investigation Committee.

3. Discipline Committee.

4. Registration Appeals Committee.

Same

(2) The Council may establish other committees as the Council from time to time considers necessary.

Vacancies

(3) Where one or more vacancies occur in the membership of a committee, the members remaining in office constitute the committee so long as their number is not fewer than the quorum.

Executive Committee

16. The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council other than the power to make, amend or revoke a regulation or by-law.

PART III

REGISTRATION

Registration

17. (1) The Registrar shall issue a certificate of qualification and registration to a person who applies for it in accordance with the regulations and who fulfils the requirements specified in the regulations for the issuance of the certificate.

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.

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.

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.

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 21.

Disclosure of application file

18. (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.

Exception

(2) The Registrar may refuse to give an applicant anything that may, in the Registrar's opinion, jeopardize the safety of any person.

Notice of proposal to refuse to issue, revoke, etc.

19. (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.

Exception

(2) Subsection (1) does not apply where the Registrar refuses to issue a certificate under subsection 17 (3).

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).

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.

Submissions

(5) The request for review may be accompanied by written submissions.

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).

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 21.

Review by Registration Appeals Committee

20. (1) Where the applicant requests a review in accordance with subsection 19 (4), the Registration Appeals Committee shall conduct the review.

Exception

(2) Despite subsection (1), the Registration Appeals Committee may refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process.

Extension of time for requesting review

(3) The Registration Appeals Committee may extend the time for requesting a review under subsection 19 (4) where it is satisfied that there are apparent grounds for granting relief and that there are reasonable grounds for applying for the extension.

Same

(4) The Committee may give the directions that it considers appropriate consequent on the extension.

Examination of documents, submissions

(5) The Registration Appeals Committee shall ensure that the person requesting the review is given an opportunity to examineand make written submissions on any documents that the Committee intends to consider in making its decision on the review.

No hearing

(6) Except as provided by section 19 and 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.

Orders

(7) After considering the request for review, 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. Directing the Registrar to issue a certificate of qualification and registration.

2. Directing the Registrar to issue a certificate of qualification and registration if the applicant fulfils requirements specified in the regulations for the issuance of the certificate.

3. Directing the Registrar to issue a certificate of qualification and registration subject to specified terms, conditions or limitations.

4. Directing the Registrar to refuse to issue a certificate of qualification and registration.

Same

(8) Where the Registration Appeals 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 21.

Order to return fee

(9) The Registration Appeals Committee may order that the fee paid under subsection 19 (4) be returned to the person who requested the review where, in the opinion of the Committee, to do so would be appropriate in all the circumstances.

Service of decision on parties

(10) The Registration Appeals Committee shall give its decision under this section in writing, with reasons, and shall serve the person who requested the review with a copy.

Application for variation

21. (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 Registraror the Registration Appeals Committee on the member's certificate of qualification and registration.

Same

(2) The application must be,

(a) in writing; and

(b) accompanied by the fee prescribed for the purpose by the by-laws.

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 17, 19 or 20; and

(b) any limitation imposed under subsection (8) in the disposition of a previous application under this section.

Submissions

(4) The application may be accompanied by written submissions.

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.

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.

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.

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).

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.

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.

Register

22. (1) The Registrar shall maintain a register.

Contents

(2) Subject to any by-law respecting the removal of information from the register, the register shall contain,

(a) each member's name and the class of certificate of qualification and registration that the member holds;

(b) the terms, conditions and limitations imposed on each certificate of qualification and registration;

(c) a notation of every revocation, cancellation and suspension of a certificate of qualification and registration;

(d) information that a committee required by this Act directs shall be included; and

(e) information that the by-laws prescribe as information to be kept in the register.

Inspection

(3) Any person has the right, during normal business hours, to inspect the register.

Copies

(4) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of the register.

Suspension: failure to pay fees, provide information

23. (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.

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.

Re-instatement

(3) 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.

PART IV

INVESTIGATION COMMITTEE

Composition of Investigation Committee

24. (1) The Council shall appoint at least seven of its members to the Investigation Committee.

Same

(2) At least two of the members of the Investigation Committee shall be persons who were appointed to the Council by the Lieutenant Governor in Council.

Same

(3) No person who is a member of the Discipline Committee shall be a member of the Investigation Committee.

Duties of Investigation Committee

25. (1) The Investigation Committee shall consider and investigate complaints regarding the conduct or actions of a member of the College made by,

(a) a member of the public;

(b) a member of the College;

(c) the Registrar;

(d) the Minister.

Same

(2) Despite subsection (1), the Investigation Committee shall refuse to consider and investigate a complaint if, in its opinion,

(a) the complaint does not relate to professional misconduct or incompetence on the part of a member;

(b) the complaint is frivolous, vexatious or an abuse of process.

Same

(3) No action shall be taken by the Investigation Committee under subsection (5) unless,

(a) a complaint in a format prescribed by the by-laws has been filed with the Registrar;

(b) the member whose conduct or actions are being investigated has been notified of the complaint and given at least 30 days in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the matter; and

(c) the Committee has examined or has made every reasonable effort to examine all the information and documents that the College has that are relevant to the complaint.

Same

(4) Notice of a complaint under clause (3) (b) shall include reasonable information about any allegations contained in the complaint.

Same

(5) The Investigation Committee in accordance with the information it receives may,

(a) direct that the matter be referred, in whole or in part, to the Discipline Committee;

(b) direct that the matter not be referred under clause (a);

(c) require the person complained against to appear before the Investigation Committee to be cautioned or admonished; or

(d) take such action as it considers appropriate in the circumstances and that is not inconsistent with this Act, the regulations or the by-laws.

Decision and reasons

(6) The Investigation Committee shall give its decision in writing to the Registrar for the purposes of subsection (7) and, except where the decision is made under clause (5) (a), its reasons for the decision.

Notice

(7) The Registrar shall provide the complainant and the person complained against with a copy of the written decision made by the Investigation Committee and its reasons for the decision, if any.

No hearing

(8) Except as provided by this section, the Investigation 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.

PART V

DISCIPLINE

Composition of Discipline Committee

26. (1) The Council shall appoint at least 13 of its members to the Discipline Committee.

Same

(2) At least five of the members of the Discipline Committee shall be persons who were appointed to the Council by the Lieutenant Governor in Council.

Reference by Council or Executive Committee

27. (1) The Council 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.

Interim suspension

(2) The Council or the Executive Committee 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; and

(b) the Council or the Executive Committee is of the opinion that the actions or conduct of the member exposes or is likely to expose students to harm or injury.

Restriction

(3) No order shall be made under subsection (2) unless the member has been given,

(a) notice of the Executive Committee's or the Council's intention to make the order; and

(b) at least 14 days to make written submissions to the Executive Committee or the Council.

Same

(4) Clause (3) (b) does not apply where the Executive Committee or the Council is of the opinion that the delay would be inappropriate in view of the risk of harm or injury to students.

No hearing

(5) Except as provided by this section, the Executive Committee or the Council 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.

Procedure following order

(6) If an order is made under subsection (2) in relation to a matter referred to the Discipline Committee,

(a) the College shall prosecute the matter expeditiously; and

(b) the Discipline Committee shall give precedence to the matter.

Duration of order

(7) An order under subsection (2) continues in force until the matter is disposed of by the Discipline Committee.

Duties of Discipline Committee

28. (1) The Discipline Committee shall,

(a) hear and determine matters directed or referred to it under section 25, 27 or 30; and

(b) perform such other duties as are assigned to it by the Council.

Professional misconduct

(2) A member may be found guilty of professional misconduct by the Discipline Committee, after a hearing, if the member has been guilty, in the opinion of the Committee, of professional misconduct as defined in the regulations.

Incompetence

(3) The Discipline Committee may, after a hearing, find a member to be incompetent if, in its opinion,

(a) the member has displayed in his or her professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of a student of a nature or extent that demonstrates 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; or

(b) 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.

Powers of Discipline Committee

(4) Where the Discipline Committee finds a member guilty of professional misconduct or to be incompetent, 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, including but not limited to terms, conditions and limitations requiring the member,

i. to successfully complete specified courses of study,

ii. for a specified or indefinite period, to accept periodic inspections by the Committee or its delegate of documents in the possession or under the control of the member in connection with his or her professional responsibilities,

iii. for a specified or indefinite period, to report to the Registrar or to a specified committee of the Council on specified matters relating to the member's professional responsibilities.

4. Requiring that the member be reprimanded, admonished or counselled by the Committee or its delegate and, if considered warranted, directing that the fact of the reprimand, admonishment or counselling be recorded on the register for a specified or unlimited period.

5. Imposing a fine in an amount that the Discipline Committee considers appropriate, to a maximum of $5,000, to be paid by the member to the Treasurer of Ontario for payment into the Consolidated Revenue Fund.

6. Subject to subsection (7), directing that the finding and the order of the Discipline Committee be published, in detail or in summary, with or without the name of the member, in the official publication of the College and in any other manner or medium that the Discipline Committee considers appropriate in the particular case.

7. Fixing costs to be paid by the member to the College.

8. 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.

Same

(5) In making an order under paragraph 8 of subsection (4), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring,

(a) the successful completion by the member of specified courses of study; or

(b) the production to the Discipline Committee of evidence satisfactory to it that any physical or mental condition or disorder in respect of which the penalty was imposed has been overcome.

Same

(6) 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 30.

Publication of revocation or suspension

(7) The Discipline Committee shall cause an order of the Committee revoking or suspending a certificate to be published, with or without the reasons for the action, in the official publication of the College together with the name of the member.

Publication on request

(8) The Discipline Committee shall cause a determination by the Committee that an allegation of professional misconduct or incompetence was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made.

Costs

(9) Where the Discipline 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 Discipline Committee fixes.

Procedure: s. 28 hearings

29. (1) This section applies to hearings of the Discipline Committee under section 28.

Parties

(2) The College and the member whose conduct or actions are being investigated are parties to the hearing.

Examination of documentary evidence

(3) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing.

Members holding hearing not to have taken part in investigation, etc.

(4) Members of the Discipline Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject-matter of the hearing other than as a member of the Council or Executive Committee considering the referral of the matter to the Discipline Committee, and shall not communicate directly or indirectly about the subject-matter of the hearing with any person or with any party or representative of a party except on notice to and opportunity for all parties to participate.

Same

(5) Despite subsection (4), the Discipline Committee may seek legal advice from an adviser independent from the parties and, in that case, the nature of the advice shall be made known to the parties so that they may make submissions as to the law.

Hearings public

(6) A hearing shall, subject to subsection (7), be open to the public.

Exclusion of public

(7) The Discipline Committee may make an order that the public be excluded from a hearing or any part of a hearing if the Committee is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing 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 hearings be open to the public;

(c) a person involved in a civil or criminal proceeding may be prejudiced;

(d) the safety of a person may be jeopardized; or

(e) the Committee will deliberate whether to exclude the public from a hearing or a part of a hearing.

Recording of evidence

(8) The oral evidence taken before the Discipline Committee shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party's expense.

Only members at hearing to participate in decision

(9) No member of the Discipline Committee shall participate in a decision of the Committee following a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties.

Release of documentary evidence

(10) Documents and things put in evidence at a hearing shall, on the request of the party who produced them, be returned by the Committee within a reasonable time after the matter in issue has been finally determined.

Service of decision on parties

(11) The Discipline Committee shall give its decision in writing, with reasons, and shall serve each party with a copy.

Service of decision on complainant

(12) Where the Discipline Committee finds a member to be guilty of professional misconduct or to be incompetent, a copy of the decision shall also be served on the person complaining in respect of the conduct or actions of the member.

PART VI

REINSTATEMENT AND VARIATION

Reinstatement after disciplinary proceedings

30. (1) A person who has had a certificate revoked or suspended as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar to have a new certificate issued or the suspension removed.

Variation after disciplinary proceedings

(2) A person who has a certificate that is subject to terms, conditions or limitations as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar for the removal or modification of the terms, conditions or limitations.

Time of application

(3) An application under subsection (1) or (2) shall not be made before the expiry of the period fixed for the purpose by the Discipline Committee under subsection 28 (6) or under paragraph 6 of subsection (6), as the case may be.

Same

(4) If the Discipline Committee did not fix a period under subsection 28 (6) or under paragraph 6 of subsection (6), an application under subsection (1) or (2) shall not be made earlier than one year from the date of the order under section 28 or the date of the last order made under this section, as the case may be.

Referral to Discipline Committee

(5) The Registrar shall refer an application under subsection (1) or (2) to the Discipline Committee.

Order

(6) The Discipline Committee may, after a hearing, make an order doing one or more of the following:

1. Refusing the application.

2. Directing the Registrar to issue a certificate to the applicant.

3. Directing the Registrar to remove the suspension of the applicant's certificate.

4. Directing the Registrar to impose specified terms, conditions and limitations on a certificate of the applicant.

5. Directing the Registrar to remove any term, condition or limitation on a certificate of the applicant.

6. Fixing a period during which the applicant may not apply under this section.

Parties

(7) The College and the applicant are parties to the hearing.

Examination of documentary evidence

(8) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing.

Closed hearings

(9) Hearings of the Discipline Committee under this section shall be closed to the public.

Recording of evidence

(10) If requested by a party, the oral evidence taken before the Discipline Committee under this section shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party's expense.

Only members at hearing to participate in decision

(11) No member of the Discipline Committee shall participate in a decision of the Committee under this section unless he or she was present throughout the hearing and heard the evidence and the argument of the parties.

Release of documentary evidence

(12) Documents and things put in evidence at a hearing under this section shall, on the request of the party who produced them, be returned by the Discipline Committee within a reasonable time after the matter in issue has been finally determined.

Service of decision on parties

(13) The Discipline Committee shall give its decision under this section in writing, with reasons, and shall serve each party with a copy of the decision.

Reinstatement: no hearing

31. The Council or Executive Committee may, without a hearing, with respect to a member or former member 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 member or former member.

2. Directing the Registrar to remove the suspension of the member's or former member's certificate.

PART VII

APPEALS TO COURT

Appeal to court

32. (1) A party to a proceeding before the Registration Appeals Committee or the Discipline Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee.

Certified copy of record

(2) 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.

Powers of court on appeal

(3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee may take and that the court considers appropriate and, for the purpose, the court may substitute its opinion for that of the committee or the court may refer the matter back to the committee for rehearing, in whole or in part, in accordance with such directions as the court considers appropriate.

PART VIII

REGISTRAR'S POWERS OF INVESTIGATION

Registrar's investigation

33. (1) Where the Registrar believes on reasonable and probable grounds,

(a) that a member has committed an act of professional misconduct or is incompetent;

(b) that there is cause to refuse to issue a certificate applied for under this Act;

(c) that there is cause to suspend or revoke a certificate issued under this Act; or

(d) that there is cause to impose terms, conditions or limitations on a certificate applied for or issued under this Act,

the Registrar may appoint one or more investigators to investigate whether such act has occurred, such incompetence exists or there is such cause.

Approval of Executive Committee

(2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee.

Powers of investigator

(3) The investigator may inquire into and examine the conduct or actions of the member to be investigated as the conduct or actions relate to the member's professional responsibilities.

Same

(4) The investigator has, for the purposes of the investigation, all the powers of a commission under Part II of the Public Inquiries Act.

Same

(5) The investigator may, on production of his or her appointment, enter at any reasonable time the place of work of the member or the premises of the member's employer and may examine anything found there that is relevant to the investigation.

Obstruction of investigator

(6) No person shall obstruct an investigator in the course of his or her duties or withhold or conceal from him or her or destroy anything that is relevant to the investigation.

Entries and searches

34. (1) A justice of the peace may, on the application of an investigator, issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that,

(a) the member being investigated has committed an act of professional misconduct or is incompetent; and

(b) there is something relevant to the investigation at the place.

Searches by day unless stated

(2) A warrant issued under subsection (1) does not authorize an entry or search after sunset and before sunrise unless it is expressly stated in the warrant.

Assistance and entry by force

(3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force.

Investigator to show identification

(4) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification, on request, to any person at the place.

Copying of documents and objects

35. (1) An investigator may copy, at the College's expense, a document or object that an investigator may examine under section 33 or under the authority of a warrant issued under section 34.

Removal for documents and objects

(2) An investigator may remove a document or object described in subsection (1) if,

(a) it is not practicable to copy it in the place where it is examined; or

(b) a copy of it is not sufficient for the purposes of the investigation.

Return of documents and objects or copies

(3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall,

(a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or

(b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time.

Copy as evidence

(4) A copy of a document or object certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document or object itself.

Report of investigation

36. The Registrar shall report the results of an investigation to one or more of the Executive Committee, the Investigation Committee or the Discipline Committee, as the Registrar considers appropriate.

PART IX

REGULATIONS AND BY-LAWS

Regulations subject to approval

37. (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,

1. making any provision of the Business Corporations Act, the Corporations Act and the Corporations Information Act applicable to the College, with such modifications as the Council considers necessary or advisable;

2. defining constituencies along regional, occupational and other lines for the purpose of electing persons to the Council under clause 4 (2) (a);

3. prescribing the number of representatives for each constituency defined under paragraph 2;

4. respecting qualifications, nomination procedures and election procedures for the purpose of electing persons to the Council under clause 4 (2) (a);

5. prescribing the conditions disqualifying elected members from sitting on the Council and governing the removal of disqualified members of the Council;

6. extending the term of office of Council members by up to six months;

7. governing the filling of vacancies created on the Council by the departure of elected members of the Council;

8. prescribing the quorum of the Council;

9. respecting the composition and election or appointment of committees required by this Act, other than the Investigation Committee and the Discipline Committee;

10. prescribing terms of office of members of committees required by this Act;

11. respecting practice and procedure of committees required by this Act;

12. prescribing the quorums of the committees required by this Act;

13. providing for the establishment of panels of any committee required by this Act and providing that a panel of a committee may exercise the powers and carry out the duties of the committee, subject to the restrictions, if any, specified in the regulation;

14. designating persons or bodies for the purposes of section 44;

15. prescribing classes of certificates of qualification and registration, including but not limited to classes of certificates that are temporary, provisional or otherwise limited;

16. respecting terms, conditions and limitations that may be imposed on certificates of qualification and registration;

17. respecting requirements, including but not limited to standards, qualifications, examinations and experience requirements, for the issuance of certificates of qualification and registration and providing for exemptions from those requirements;

18. respecting the accreditation of teacher education programs offered by post-secondary educational institutions and ongoing education programs for teachers offered by post-secondary educational institutions and other bodies;

19. respecting requirements, including but not limited to standards, qualifications, examinations and experience requirements, for the issuance of certificates in respect of qualifications of members additional to those required for a certificate of qualification and registration, including but not limited to certificates of qualification as a supervisory officer;

20. providing for exemptions from requirements under paragraph 19;

21. respecting the development, provision and accreditation of educational programs leading to certificates in respect of qualifications of members additional to those required for a certificate of qualification and registration, including but not limited to certificates of qualification as a supervisory officer;

22. establishing processes and criteria for issuing to members certificates in respect of qualifications additional to those required for a certificate of qualification and registration, including but not limited to certificates of qualification as a supervisory officer;

23. prescribing ongoing education requirements for members;

24. establishing processes and criteria for suspending certificates of members who fail to meet ongoing education requirements;

25. establishing processes and criteria for removing the suspension of certificates where the suspension was as a result of failure to meet ongoing education requirements;

26. establishing processes and criteria for suspending a certificate of qualification and registration under section 275 of the Education Act;

27. respecting any matter ancillary to this Act with respect to the issuance, expiry, renewal, amendment, suspension, cancellation, revocation and reinstatement of certificates issued under this Act;

28. requiring employers of members to deduct members' fees from their salaries and to submit the fees directly to the College, in the manner and within the times specified in the regulations;

29. prescribing penalties to be paid by employers for the late submission of fees to the College;

30. defining professional misconduct for the purposes of this Act.

Copies of regulations

(2) The Council shall ensure that a copy of each regulation is available for public inspection in the office of the College.

Same

(3) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any regulation made under this section.

By-laws

38. (1) The Council may make by-laws relating to the administrative and domestic affairs of the College including but not limited to by-laws,

1. prescribing the seal and other insignia of the College and providing for their use;

2. providing for the execution of documents by the College;

3. respecting banking and finance;

4. fixing the financial year of the College and providing for the audit of the accounts and transactions of the College;

5. respecting conflict of interest rules for members of the Council, for members of committees and for officers and employees of the College;

6. respecting indemnification by the College of members of the Council, of members of committees and ofofficers and employees of the College;

7. respecting the calling, holding and conducting of meetings of the Council and the duties of members of the Council;

8. providing for the remuneration of members of the Council and committees, other than persons appointed by the Lieutenant Governor in Council, and for the payment of the expenses of the Council and committees in the conduct of their business;

9. respecting the calling, holding and conducting of meetings of the members;

10. authorizing voting, by mail or other means, by the members on any of the business of the College and prescribing procedures for such voting;

11. prescribing positions of officers of the College, providing for the election or appointment of officers and prescribing the duties of officers;

12. prescribing forms and formats and providing for their use;

13. providing procedures for making, amending and revoking by-laws;

14. respecting the management of property of the College;

15. respecting the borrowing of money by the College and the giving of security in respect of the borrowing;

16. providing for the method of service of any document or class of documents given or served under this Act;

17. providing for the composition, election or appointment, powers, duties, quorums, practices and procedures of committees other than those required by this Act;

18. prescribing terms of office of members of committees other than those required by this Act;

19. prescribing the conditions disqualifying elected members of the Council from sitting on committees and governing the removal of disqualified members of committees;

20. governing the filling of vacancies on committees;

21. respecting reports to Council to be made by committees;

22. prescribing professional standards and ethical standards applicable to members;

23. prescribing annual membership fees and other fees payable by members, applicants for membership and other persons for anything the Registrar or any committee is required or authorized to do under this Act;

24. prescribing penalties to be paid by members for the late payment of any fee;

25. prescribing any fee referred to in this Act as prescribed by the by-laws;

26. respecting the reporting and publication of decisions of the College, the Council and the committees;

27. respecting the keeping of a register of members, including but not limited to by-laws prescribing the information that must be kept in the register and the information that may be removed from the register;

28. requiring members to provide the College with information necessary for establishing and maintaining the register and for establishing and maintaining records necessary for the proper functioning of the College;

29. requiring members to provide the College with information about their participation in ongoing education programs;

30. respecting membership of the College in other organizations the objects of which are not inconsistent with and are complementary to those of the College, the payment of fees to such organizations and representation at meetings of such organizations;

31. providing for the establishment and dissolution and governing the operation of groups of members and respecting grants by the College to such groups;

32. authorizing the making of grants to advance knowledge of education or to maintain or improve standards of teaching or support or encourage public information and interest in education;

33. respecting scholarships, bursaries and prizes to assist in the education of teachers or persons wishing to become teachers.

Meetings by telecommunications, etc.

(2) A by-law made under paragraph 7 or 9 of subsection (1) may provide for the meetings to be held in any manner that allows all the persons participating to communicate with each other simultaneously and instantaneously.

Unanimous by-laws, etc.

(3) A by-law or resolution signed by all the members of the Council is as valid and effective as if passed at a meeting of the Council called, constituted and held for the purpose.

Copies of by-laws

(4) The Council shall ensure that a copy of each by-law is given to the Minister and is available for public inspection in the office of the College.

Same

(5) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any by-law made under this section.

Regulations made by Lieutenant Governor in Council

39. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing additional functions of the College for the purposes of paragraph 11 of subsection 3 (1);

(b) respecting the appointment of persons to the Council under clause 4 (2) (b), including but not limited to regulations specifying how different interests are to be represented on the Council;

(c) governing the election of the first Council of the College, including but not limited to prescribing eligibility of persons to vote or to run as candidates, election procedures and representation;

(d) providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment of the College or the assumption of powers and duties by the College;

(e) providing for such other matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the College.

Regulations under clause (1) (d)

(2) In the event of a conflict between a regulation made under clause (1) (d) and this or any other Act, the regulation prevails.

Same

(3) A regulation made under clause (1) (d) may be retroactive in its effect.

Regulations and by-laws: general or specific

40. (1) A regulation or by-law may be general or specific.

Same

(2) Without limiting the generality of subsection (1), a regulation or by-law may be limited in its application to any class of members, certificates or qualifications.

Classes

(3) A class under this Act may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes.

PART X

MISCELLANEOUS

Right to use French

41. (1) A person has the right to use French in all dealings with the College.

Council to ensure

(2) The Council shall take all reasonable measures and make all reasonable plans to ensure that persons may use French in all dealings with the College.

Limitation

(3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances.

Official publication

42. The Council shall establish and maintain an official publication of the Council.

Leave of absence

43. (1) A member of the Council or of a committee established under this Act who attends a meeting or other proceeding of the Council or the committee during work hours, or who has been asked by the Registrar or his or her delegate to do other work of the College during work hours, shall be granted, on request, a paid leave of absence by his or her employer for the purpose.

Employer reimbursement

(2) If an employer has provided a leave of absence to a member under subsection (1), the College shall reimburse the employer for the salary expense, if any, incurred by the employer in temporarily hiring a person to replace the member in the workplace.

Right to obtain information

44. (1) For the purpose of carrying out its objects, the College may require the Provincial Schools Authority, a school board or any other person or body designated by the regulations to provide the College with information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act or section 28 of the Municipal Freedom of Information and Protection of Privacy Act, in respect of members of the College.

Disclosure by school board: offences

(2) A school board shall promptly notify the College in writing when the board becomes aware that a member who is or has been employed by the board,

(a) has been convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors; or

(b) has been convicted of an offence under the Criminal Code (Canada) that in the opinion of the board indicates that students may be at risk of harm or injury.

Disclosure by school board: conduct or actions of member

(3) A school board shall promptly notify the College in writing where in the opinion of the board the conduct or actions of a member who is or has been employed by the board should be reviewed by a committee of the College.

Disclosure by minority language section: conduct or actions of member

(4) For the purposes of subsection (3), where a board has a French-language section or English-language section, the section has the responsibilities of the board with respect to members who are or have been employed for schools or classes governed by the section.

Information provided by Minister to College

(5) If required by the College for the purpose of carrying out its objects, the Minister may provide to the College information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act, in respect of its members, former members and applicants for membership.

Information provided by College to Minister

(6) For the purpose of carrying out his or her duties under the Education Act, the Minister has the authority to collect from the College information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act, in respect of its members, former members and applicants for membership.

Confidentiality

45. (1) Every person engaged in the administration of this Act, including any person appointed under section 33, shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties and shall not communicate any of those matters to any other person except,

(a) as may be required in connection with the administration of this Act and the regulations and by-laws or any proceeding under this Act or the regulations or by-laws;

(b) to his or her counsel;

(c) with the consent of the person to whom the information relates; or

(d) to the extent that the information is available to the public under this Act.

Testimony in civil proceeding

(2) No person to whom subsection (1) applies shall be compelled to give testimony in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act, with regard to information obtained in the course of his or her duties.

Evidence on civil proceedings

(3) No record of a proceeding under this Act and no document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act.

Offence

(4) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.

Order directing compliance

46. Where it appears to the College that any person does not comply with this Act or the regulations or by-laws, despite the imposition of any penalty in respect of such non-compliance andin addition to any other rights it may have, the College may apply to a judge of the Ontario Court (General Division) for an order directing the person to comply with the provision, and the judge may make the order or such other order as the judge thinks fit.

Offence: obstruction of investigator

47. Any person who contravenes subsection 33 (6) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Offence: false representation to obtain certificate

48. (1) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate issued under this Act is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Offence: assisting in false representation

(2) Every person who knowingly assists a person in committing an offence under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Service of notice or document

49. (1) A notice or document to be given or served under this Act is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by mail; or

(c) given or served in accordance with by-laws respecting service.

Same

(2) Where a notice or document to be given under this Act is sent by mail addressed to a person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing.

Registrar's certificate as evidence

50. Any statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the College, is admissible in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Registrar and without proof of the seal.

Statutory Powers Procedure Act

51. In the event of a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail.

Immunity of College

52. No proceeding for damages shall be instituted against the College, the Council, a committee of the College, a member of the Council or a committee of the College, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power.

Deemed loan

53. (1) Any payment made by the Minister that is charged to an appropriation of the Ministry of Education and Training made for the fiscal year beginning on April 1, 1994 or for any subsequent fiscal year, for the purpose of establishing or operating the College, shall be deemed to have been a loan from the Province of Ontario to the College.

Same

(2) A payment for the purpose of the Ontario Teaching Council Implementation Committee established by Order in Council to advise the Minister in respect of the establishment and mandate of the College is a payment for the purpose of establishing the College within the meaning of subsection (1).

Same

(3) The Minister shall notify the College of the amount of any payment described in subsection (1) and shall, by order, direct the repayment of the amount by the College to the Province of Ontario.

Same

(4) The determination by the Minister of the amount of a payment described in subsection (1) is final and shall not be reviewed in any court.

Same

(5) An order under subsection (3) may fix a schedule for repayment of an amount and may prescribe the rate of interest payable on the amount from the date of the order until the date on which the amount is repaid in full.

Same

(6) A rate of interest prescribed in an order under subsection (3) shall not exceed the prime rate of the bank listed in Schedule I or II of the Bank Act (Canada) that has the highest prime rate on the day that the order is made.

Same

(7) An order under subsection (3) is not a regulation within the meaning of the Regulations Act.

Guarantee of loans

54. (1) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee the repayment of loans made to the College, including interest.

Same

(2) A guarantee given under subsection (1) is subject to any conditions that the Minister of Finance imposes.

Regulations under Teaching Profession Act

55. (1) The Minister may require the board of governors of The Ontario Teachers' Federation to amend or revoke a regulation made under the Teaching Profession Act if, in the Minister's opinion, the regulation conflicts with or overlaps with this Act or a regulation or by-law under this Act.

Same

(2) If the Minister requires the board of governors of The Ontario Teachers' Federation to amend or revoke a regulation under subsection (1) and the board of governors does not do so within 60 days, the Lieutenant Governor in Council may, by regulation, amend or revoke the regulation.

Same

(3) Subsection (2) does not give the Lieutenant Governor in Council authority to do anything that the board of governors of The Ontario Teachers' Federation does not have authority to do.

PART XI

TRANSITIONAL PROVISIONS

Appointment of Registrar

56. (1) Despite any other provision of this Act, the Minister shall, on such terms as the Minister determines, appoint the Registrar of the College for all or part of,

(a) the period beginning on the day this section is proclaimed in force and ending on the day of the first meeting of the first duly elected and appointed Council; and

(b) the term of the first duly elected and appointed Council.

Expenses and salary of Registrar appointed by Minister

(2) For greater certainty, the expenses and salary of a Registrar appointed by the Minister under subsection (1) remain the responsibility of the College.

Powers of Registrar appointed by Minister

(3) During the period mentioned in clause (1) (a), the Registrar may do anything that the Council could do under this Act if the Council were duly elected and appointed and, without limiting the generality of the foregoing, the Registrar,

(a) may do anything that is necessary or advisable to ensure that there is a first election of the Council and that the election is conducted in accordance with the regulations; and

(b) may incur indebtedness on behalf of the College.

Same

(4) During the period mentioned in clause (1) (b), the Registrar has the same powers and duties as if appointed by the Council.

Powers of the Minister

(5) During the period mentioned in clause (1) (a), the Minister may,

(a) review the Registrar's activities and require the Registrar to provide reports and information;

(b) require the Registrar to do anything that in the opinion of the Minister is necessary or advisable to carry out the intent of this Act; and

(c) require the Registrar to make, amend or revoke a regulation or by-law.

Registrar to comply

(6) If the Minister requires the Registrar to do anything under subsection (5), the Registrar 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.

Regulations

(7) If the Minister requires the Registrar to make, amend or revoke a regulation under clause (5) (c) and the Registrar does not do so within 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the regulation.

By-laws

(8) If the Minister requires the Registrar to make, amend or revoke a by-law under clause (5) (c) and the Registrar does not do so within 60 days, the Lieutenant Governor in Council may, by order, make, amend or revoke the by-law.

Authority of Lieutenant Governor in Council

(9) Subsections (7) and (8) do not give the Lieutenant Governor in Council authority to do anything that the Registrar does not have authority to do.

Copies of regulations, by-laws, orders

(10) Subsections 12 (6) and (7), subsections 37 (2) and (3) and subsections 38 (4) and (5) apply, with necessary modifications, to regulations, by-laws and orders made under this section and, for the purpose, the Registrar has the duties of the Council.

Expenses

(11) The Minister may pay the College for expenses incurred in complying with a requirement under subsection (5).

First meeting of members

57. The College shall hold its first annual meeting of the members not more than 15 months after the first Council is duly elected and appointed.

Transition: initial membership

58. (1) Every person who, on a day to be specified in a regulation made under subsection (2), holds an Ontario Teacher's Certificate or a letter of standing issued under the Education Act shall be deemed to hold a certificate of qualification and registration under this Act.

Same

(2) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations specifying a day for the purposes of subsection (1) and providing a concordance between,

(a) qualifications held under the Education Act by persons affected by subsection (1) before the specified day; and

(b) certificates, including any terms, conditions or limitations on those certificates, held under this Act on and after the specified day.

Same

(3) For the purposes of subsection (2), qualifications include,

(a) qualifications set out in Regulation 297 of the Revised Regulations of Ontario, 1990;

(b) qualifications set out on Ontario Teacher's Qualifications Record Cards;

(c) qualifications set out on any other records of qualification held by the Ministry in respect of any person affected by subsection (1).

Same

(4) Regulations that may be made under subsection (2) include but are not limited to regulations,

(a) classifying certificates of qualification and registration that come into being as a result of subsection (1);

(b) deeming certificates of qualification and registration of any class prescribed under clause (a) to be subject to specified terms, conditions and limitations;

(c) deeming terms, conditions and limitations referred to in clause (b) to have been imposed by the Registrar under this Act;

(d) deeming any person who holds a certificate of qualification and registration of any class prescribed under clause (a) to also hold one or more additional certificates of qualification;

(e) deeming additional certificates referred to in clause (d) to have been issued under this Act.

Same

(5) A regulation may be made under subsection (2) only by a duly elected and appointed Council and not by a Registrar acting under subsection 56 (3).

Same

(6) Subsections 37 (2) and (3) and section 40 apply to a regulation made under subsection (2).

Transition: persons in programs

59. (1) Any person who,

(a) is enrolled in a program of professional education within the meaning of Regulation 297 of the Revised Regulations of Ontario, 1990 on the date specified under subsection 58 (2); and

(b) fulfils the requirements for an Ontario Teacher's Certificate as they existed immediately before the date specified under subsection 58 (2),

shall be deemed to have fulfilled the requirements for the issuance of a certificate of qualification and registration.

Same

(2) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations providing for any matter that it considers necessary or advisable in connection with the issuance of certificates of qualification and registration under subsection (1), including but not limited to regulations,

(a) relating to terms, conditions and limitations to be imposed on the certificates;

(b) relating to the classification of the certificates; and

(c) respecting processes and criteria for the issuance of the certificates.

Same

(3) Subsections 37 (2) and (3) and section 40 apply to a regulation made under subsection (2).

PART XII

CONSEQUENTIAL AMENDMENTS

Education Act

60. (1) The definitions of "continuing education instructor", "continuing education teacher" and "teacher" in subsection 1 (1) of the Education Act are repealed and the following substituted:

"continuing education instructor" means a person employed to provide instruction in a continuing education course or class established in accordance with the regulations, other than those courses or classes for which membership in the Ontario College of Teachers is required under the regulations; ("instructeur de l'éducation permanente")

"continuing education teacher" means a teacher employed to teach a continuing education course or class established in accordance with the regulations for which membership in the Ontario College of Teachers is required by the regulations; ("enseignant de l'éducation permanente")

"teacher" means a member of the Ontario College of Teachers. ("enseignant")

(2) Paragraph 10 of subsection 8 (1) of the Act is repealed and the following substituted:

letter of permission

10. grant a letter of permission to a board authorizing the board to employ a person who is not a member of the Ontario College of Teachers to teach in an elementary or secondary school if the Minister is satisfied that no member is available, but a letter of permission shall be effective only for the period, not exceeding one year, that the Minister may specify.

(3) Paragraph 18 of subsection 11 (1) of the Act is repealed and the following substituted:

Same

18. prescribing the continuing education courses and classes for which membership in the Ontario College of Teachers is required.

(4) Paragraph 25 of subsection 11 (1) of the Act is repealed.

(5) Subsection 11 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 11, is further amended by adding the following paragraph:

effect of certificates issued under the Ontario College of Teachers Act, 1995

26.1 giving boards directions as to the effect and consequences of,

i. a certificate issued under the Ontario College of Teachers Act, 1995 being suspended, cancelled or revoked under that Act,

ii. a certificate issued under the Ontario College of Teachers Act, 1995 being subject to terms, conditions or limitations imposed under that Act,

iii. a certificate issued under the Ontario College of Teachers Act, 1995 being of a particular class prescribed under that Act,

iv. a certificate of qualification that is additional to the certificate of qualification and registration being issued under Ontario College of Teachers Act, 1995.

(6) Clauses 11 (9) (b) and (c) of the Act are repealed and the following substituted:

fee for duplicates

(b) prescribing the fee to be paid to the Ministry for duplicates of Ontario Teacher's Qualifications Record Cards and duplicates of certificates issued under this Act.

(7) Section 14 of the Act is amended by adding the following subsection:

Same

(3.1) Where the Ontario College of Teachers has accredited a teacher education program, the Minister may require that a board that operates a public, separate or secondary school shall permit its schools to be used for observation and practice teaching purposes and shall provide for the services of any of its teachers under such terms and conditions as may be agreed on between the board and the institution conducting the program and failing agreement in accordance with the schedule of payments to boards, principals and teachers referred to in subsection (2).

(8) Paragraph 12 of subsection 170 (1) of the Act is repealed and the following substituted:

appoint principal and teachers

12. appoint for each school that it operates a principal and an adequate number of teachers, all of whom shall be members of the Ontario College of Teachers.

(9) Subsection 170 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, is further amended by adding the following paragraph:

same

19. do anything that a board is required to do under the Ontario College of Teachers Act, 1995.

(10) Subsection 178(3) of the Act is amended by striking out "holds a certificate of qualification as a teacher" in the third and fourth lines and substituting "is a member of the Ontario College of Teachers".

(11) Section 262 of the Act is repealed and the following substituted:

Membership in Ontario College of Teachers

262. Except as otherwise provided in or under this Act, no person shall be employed in an elementary or secondary school to teach or to perform any duty for which membership in the College is required under this Act unless the person is a member of the Ontario College of Teachers.

(12) Subsection 275 (3) of the Act is repealed and the following substituted:

Same

(3) If a teacher fails to comply with the direction of the Board of Reference under section 273, the Executive Committee of the Ontario College of Teachers may suspend the teacher's certificate of qualification and registration for such period as the Executive Committee considers advisable.

Provincial Schools Negotiations Act

61. The definition of "teacher" in section 1 of the Provincial Schools Negotiations Act is repealed and the following substituted:

"teacher" means a person,

(a) who is a member of the Ontario College of Teachers, or

(b) whose appointment as a teacher has been authorized by the Minister of Education,

and who is employed in a school under a contract of employment as a teacher. ("enseignant")

School Boards and Teachers Collective Negotiations Act

62. The definition of "teacher" in section 1 of the School Boards and Teachers Collective Negotiations Act is repealed and the following substituted:

"teacher" means,

(a) a person who is a member of the Ontario College of Teachers, or

(b) a person in respect of whom a letter of permission has been granted under the Education Act,

and who is employed by a board under a contract of employment as a teacher in the form of contract prescribed by the regulations under the Education Act, but does not include a supervisory officer as defined in the Education Act, an instructor in a teacher-training institution or a person employed to teach in a school for a period not exceeding one month. ("enseignant")

Teaching Profession Act

63. The definition of "teacher" in section 1 of the Teaching Profession Act is repealed and the following substituted:

"teacher" means a person who is a member of the Ontario College of Teachers and is under contract in accordance with Part X of the Education Act but does not include a supervisory officer, an instructor in a teacher-training institution or a person employed to teach in a school for a period not exceeding one month. ("enseignant")

PART XIII

COMMENCEMENT AND SHORT TITLE

Commencement

64. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

65. The short title of this Act is the Ontario College of Teachers Act, 1995.