Versions

Ontario College of Early

Childhood Educators Act, 1996

EXPLANATORY NOTE

The Bill establishes the Ontario College of Early Childhood Educators.

The Bill requires persons who act as early childhood educators in day nurseries or premises where private-home day care is provided to hold a certificate of registration issued by the Registrar of the College. It is an offence for a person to act as an early childhood educator without holding a certificate of registration.

The Registrar is required to keep a register of certificates of registration. The College is required to hold annual meetings of its members and to report annually to the Minister of Education and Training. The Minister has supervisory control over the College.

The College has broad powers to make regulations subject to the approval of the Lieutenant Governor in Council and with the prior review by the Minister.

Bill 901996

An Act to establish the Ontario

College of Early Childhood Educators

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

Definitions

1. In this Act,

"by­laws" means the by­laws made under this Act; ("règlements administratifs")

"certificate of registration" means a certificate issued by the Registrar to an early childhood educator under section 16; ("certificat d'inscription")

"College" means the Ontario College of Early Childhood Educators; ("Ordre")

"Council" means the Council of the College described in section 5; ("conseil")

"early childhood educator" means a person who provides educational services in a day nursery within the meaning of the Day Nurseries Act or a premises where private-home day care within the meaning of that Act is provided and "early childhood education" has a corresponding meaning; ("éducateur de la petite enfance", "éducation de la petite enfance")

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

"Registrar" means the Registrar of the College appointed under subsection 9 (2); ("registrateur")

"regulations" means the regulations made under this Act.("règlements")

College

College established

2. (1) The College is established under the name Ontario College of Early Childhood Educators in English and Ordre des éducatrices et des éducateurs de la petite enfance 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.

Non­application of certain Acts

(3) The Corporations Act and Corporations Information Act do not apply to the College.

Objects

3. (1) The College has the following objects:

1. To regulate the profession of early childhood education and to govern its members.

2. To develop, establish and maintain qualifications for membership in the College.

3. To accredit professional education programs for early childhood educators offered by educational institutions.

4. To accredit ongoing education programs for early childhood educators offered by educational institutions and other bodies.

5. To issue certificates of registration to early childhood educators and to renew, amend, suspend, cancel, revoke and reinstate those certificates.

6. To provide for the ongoing education of members of the College.

7. To establish and enforce professional standards and ethical standards applicable to members of the College.

8. To receive and investigate complaints against members of the College and to deal with issues of discipline, fitness to practise and professional misconduct.

9. To promote the profession of early childhood education and to communicate with the public on behalf of the members of the College.

10. To perform the additional functions that the regulations prescribe.

Duty

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

Membership

4. (1) Every person who holds a certificate of registration is a member of the College, subject to the terms, conditions or limitations to which the certificate is subject.

Resignation of membership

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

Same

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

Expiry of membership

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

Continuing jurisdiction

(5) A person whose certificate of registration 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 a certificate of registration.

Council

5. (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) 12 persons who are members of the College and who are elected by the members of the College in accordance with the regulations; and

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

Expenses and remuneration

(3) The Minister shall pay to the Council members appointed by the Lieutenant Governor in Council the remuneration and the reimbursement for expenses that the Lieutenant Governor in Council determines.

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 by­laws; and

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

Term of office

7. (1) The term of a Council member shall last for the time specified in the regulations but shall not exceed three years.

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 nine consecutive years.

Vacancies

(3) If 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 the quorum specified by the by-laws.

Council meetings

8. (1) The Council shall meet at least four times a year.

Open to public

(2) Subject to subsection (3), the meetings of the Council shall be open to the public.

Exclusion of public

(3) 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 at that time where the interest of any person affected by them or the public interest in not disclosing them outweighs the desirability of having the meeting or the part of the meeting open to the public;

(b) a person involved in a civil or criminal proceeding may be prejudiced by having the meeting or the part of the meeting open to the public;

(c) the safety of a person may be jeopardized by having the meeting or the part of the meeting open to the public;

(d) personnel matters or property transactions will be discussed at that time;

(e) litigation affecting the College will be discussed or instructions will be given to or opinions received from solicitors for the College at that time; or

(f) the Council will deliberate at that time whether to exclude the public from a meeting or a part of a meeting.

Notice of meetings

(4) The Council shall give the members of the College and the public reasonable notice of its meetings that are open to the public.

Officers, employees

9. (1) The Council shall have the officers that the by­laws require and may employ the persons that it considers advisable.

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.

Role of Registrar

(4) The Registrar shall serve as secretary to the Council and has the right to participate in meetings of the Council but not to vote at those meetings.

Committees

10. (1) The Council shall establish committees to,

(a) set qualifications for membership in the College;

(b) establish grounds and procedures for appealing a decision of the Registrar with respect to certificates of registration;

(c) establish and enforce professional standards and ethical standards applicable to members of the College; and

(d) receive and investigate complaints against members of the College and to deal with issues of discipline, fitness to practise and professional misconduct.

Other committees

(2) The Council may establish other committees as it considers necessary to carry out its objects.

Vacancies

(3) If 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 that the by-laws specify.

Immunity

11. No proceeding for damages shall be instituted against theCollege, 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 by­law, or for any neglect or default in the performance or exercise in good faith of the duty or power.

Annual meeting of members

12. 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.

Meeting with Minister

13. (1) The Council shall meet annually with the Minister.

Open to public

(2) Subsections 8 (2), (3) and (4) apply to the annual meeting with the Minister.

Annual report

14. (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

15. (1) 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 under section 21.

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 that the Minister specifies, 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, byregulation, make, amend or revoke the regulation.

Authority

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

Copies of regulations

(5) The Council shall ensure that a copy of each regulation that the Lieutenant Governor in Council makes under subsection (3) is available for public inspection in the office of the College.

Same

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

Expenses of College

(7) The Minister may reimburse the College for expenses that it incurs in complying with a requirement under subsection (1).

Registration

Certificate required

16. (1) No person shall act as an early childhood educator or hold oneself out as an early childhood educator or a registered early childhood educator unless the person holds a certificate of registration.

Registration

(2) The Registrar shall issue a certificate of 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

(3) The Registrar may refuse to issue a certificate of registration where the Registrar has reasonable grounds to believe that,

(a) based on the past conduct or actions of the applicant, the applicant will not perform his or her duties as an early childhood educator in accordance with the law, including but not limited to this Act, the regulations and the by­laws; or

(b) the applicant does not fulfil the requirements specified in the regulations for the issuance of the certificate.

Terms

(4) The Registrar may issue a certificate of registration to an applicant with terms, conditions or limitations imposed on it if the Registrar is of the opinion that the imposition is appropriate.

Notice of proposal

17. (1) The Registrar shall serve a notice of proposal on the applicant before,

(a) refusing to issue a certificate of registration; or

(b) imposing terms, conditions or limitations on a certificate of registration to which the applicant has not consented.

Statement of reasons

(2) In the notice, the Registrar shall state,

(a) the reasons for proposing to take the actions described in clause (1) (a) or (b);

(b) the fact that the applicant may request a review by the committee established under clause 10 (1) (b).

Request for review

(3) The request for review must be,

(a) in writing;

(b) served on the Registrar within 60 days after the notice mentioned in subsection (1) is served on the applicant; and

(c) accompanied by the fee prescribed by the by­laws for the purpose.

Submissions

(4) The applicant may attach written submissions to the request for a review.

No request for review

(5) If the applicant does not request a review in accordance with subsection (3), the Registrar may carry out the proposal stated in the notice mentioned in subsection (1).

Review

(6) If the applicant requests a review in accordance with subsection (3), the committee shall conduct the review in accordance with the regulations and may make an order directing the Registrar to,

(a) issue a certificate of registration;

(b) issue a certificate of registration subject to specified terms, conditions or limitations;

(c) refuse to issue a certificate of registration.

Copy of order

(7) The committee shall make its order in writing, with reasons, and shall serve a copy of it on the person who requested the review.

Compliance by Registrar

(8) The Registrar shall comply with the committee's order.

Suspension

18. (1) The Registrar may suspend a member's certificate of registration for,

(a) failure to pay a fee or penalty prescribed by the by­laws; or

(b) failure to provide information required by the by­laws.

Notice

(2) The Registrar shall not suspend a member's certificate of registration without first giving the member two months notice of the default.

Re­instatement

(3) If the Registrar suspends the certificate of registration of a person under subsection (1), the person is entitled to have the suspension removed on paying the fees and penalties prescribed by the by­laws or on providing the information required by the by­laws, as the case may be.

Register

19. (1) The Registrar shall maintain a register containing,

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

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

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

(d) all information that a committee established under this Act directs shall be included; and

(e) all information that the by­laws prescribe as information to be kept in the register.

Inspection

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

Copies

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

General

Offences

20. (1) A person is guilty of an offence who,

(a) contravenes or fails to comply with subsection 16 (1);

(b) knowingly furnishes false information in an application for a certificate of registration; or

(c) contravenes or fails to comply with a term, condition or limitation on a certificate of registration.

Directors, officers

(2) Every director or officer of a corporation is guilty of an offence who,

(a) knowingly causes, authorizes, permits or participates in the commission by the corporation of an offence described in subsection (1); or

(b) fails to take reasonable care to prevent the corporation from committing an offence described in subsection (1).

Penalty, non-corporations

(3) A person who is not a corporation and who is convicted of an offence described in subsection (1) or (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.

Penalty, corporations

(4) A corporation convicted of an offence described in subsection (1) is liable to a fine of not more than $25,000.

Regulations subject to approval

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

1. defining professional misconduct for the purposes of this Act;

2. defining constituencies along regional, occupational and other lines for the purpose of electing persons to the Council under clause 5 (2) (a);

3. specifying 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 5 (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. specifying the term of office of Council members;

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

8. specifying the quorum of the Council;

9. respecting the composition and election or appointment of committees established under this Act;

10. governing the filling of vacancies on committees established under this Act;

11. specifying the term of office of members of committees established under this Act;

12. respecting the practice and procedure of committees established under this Act;

13. specifying the quorum for committees established under this Act;

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

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

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

17. respecting the accreditation of education programs and ongoing education programs for early childhood educators offered by educational institutions and other bodies;

18. prescribing ongoing education requirements for members;

19. establishing processes and criteria for suspending certificates of registration of members who fail to meet ongoing education requirements or professional or ethical standards established by a committee of the Council under subsection 10 (1);

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

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

22. 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;

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

Copies

(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.

By­laws

22. (1) The Council may make by­laws relating to the administrative and domestic affairs of the College with respect to,

(a) any matter mentioned in this Act as governed by the by-laws; or

(b) any matter not governed by specific provisions of this Act or the regulations.

Copies

(2) The Council shall ensure that a copy of each by­law is given to the Minister and 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 by­law made under this section.

Regulations made by Lieutenant Governor in Council

23. The Lieutenant Governor in Council may make regulations,

(a) prescribing additional functions of the College for the purposes of paragraph 10 of subsection 3 (1);

(b) respecting the appointment of persons to the Council under clause 5 (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, including but not limited to prescribing eligibility of persons to vote or to run as candidates, election procedures and representation;

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

Scope of regulations and by­laws

24. (1) Any regulation or by­law made under this Act may be general or specific.

Classes

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

Definition of class

(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.

Commencement

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

Short title

26. The short title of this Act is the Ontario College of Early Childhood Educators Act, 1996.