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Ontario College of Teachers Act, 1996

S.O. 1996, CHAPTER 12

Consolidation Period: From July 25, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 21, Sched. F, ss. 123, 136 (1).

SKIP TABLE OF CONTENTS

CONTENTS

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”)

“sexual abuse” of a student by a member means,

(a) sexual intercourse or other forms of physical sexual relations between the member and the student,

(b) touching, of a sexual nature, of the student by the member, or

(c) behaviour or remarks of a sexual nature by the member towards the student; (“mauvais traitements d’ordre sexuel”)

“school board” means a board as defined in subsection 1 (1) of the Education Act. (“conseil scolaire”) 1996, c. 12, s. 1; 1997, c. 31, s. 161; 2001, c. 14, Sched. B, s. 1; 2002, c. 7, s. 2; 2004, c. 26, s. 1.

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. 1996, c. 12, s. 2.

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 qualification and registration.

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

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

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

9. To develop, provide and accredit educational programs leading to certificates of qualification additional to the certificate required for membership, including but not limited to certificates of qualification as a supervisory officer, and to issue, renew, amend, suspend, cancel, revoke and reinstate such additional certificates.

10. To communicate with the public on behalf of the members of the College.

11. To perform such additional functions as are prescribed by the regulations. 1996, c. 12, s. 3 (1); 2001, c. 14, Sched. B, s. 2; 2004, c. 26, s. 2.

Duty

(2) In carrying out its objects, the College has a duty to serve and protect the public interest. 1996, c. 12, s. 3 (2).

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. 1996, c. 12, s. 4 (1).

Composition of Council

(2)  The Council shall be composed of,

(a) 23 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. 1996, c. 12, s. 4 (2); 2006, c. 10, s. 51.

Role of Registrar

(3)  The Registrar shall serve as secretary to the Council and has all the rights of participation at meetings of the Council that a member of the Council has, other than the right to vote. 1996, c. 12, s. 4 (3).

Expenses and remuneration

(4)  Council members appointed by the Lieutenant Governor in Council shall be paid, by the Minister, such expenses and remuneration as the Lieutenant Governor in Council determines. 1996, c. 12, s. 4 (4).

Oath

4.1  Before taking up his or her duties, every person elected or appointed to the Council shall swear an oath or affirm in the manner and form and within the time period that is prescribed by the regulations. 2006, c. 10, s. 52.

Duties of Council members

4.2  Every member of the Council shall, in carrying out his or her duties,

(a) serve and protect the public interest; and

(b) act in accordance with such conflict of interest rules as may be prescribed by the regulations. 2006, c. 10, s. 52.

Term of office

5.  (1)  No term of a Council member shall exceed three years, except as permitted by regulation. 1996, c. 12, s. 5 (1).

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 seven consecutive years. 1996, c. 12, s. 5 (2); 2006, c. 10, s. 53 (1).

Transition

(3)  The following transitional rules apply with respect to Council members who are serving on the day section 53 of the Education Statute Law Amendment Act (Student Performance), 2006 comes into force and, as a result of that amendment, are ineligible to be Council members because they have served for more than seven consecutive years:

1. With respect to an elected member of Council, the member may, despite subsection (2), continue to serve until the day before the first regular meeting of the Council held after the Council election next following the day section 53 of the Education Statute Law Amendment Act (Student Performance), 2006 comes into force.

2. With respect to an appointed member of Council, the member may, despite subsection (2), continue to serve until his or her term, as provided for in his or her appointment, ends. 2006, c. 10, s. 53 (2).

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. 1996, c. 12, s. 6.

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. 1996, c. 12, s. 7.

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. 1996, c. 12, s. 8.

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. 1996, c. 12, s. 9.

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. 1996, c. 12, s. 10.

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. 1996, c. 12, s. 11.

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.

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.

Authority of Lieutenant Governor in Council

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

Copies of regulations, orders

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

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 pay the College for expenses incurred in complying with a requirement under subsection (1). 1996, c. 12, s. 12.

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. 1996, c. 12, s. 13.

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, incompetence or incapacity 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. 1996, c. 12, s. 14.

Committees

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

1. Executive Committee.

2. Investigation Committee.

3. Discipline Committee.

4. Registration Appeals Committee.

5. Fitness to Practise 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. 1996, c. 12, s. 15.

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. 1996, c. 12, s. 16.

Committee procedures

Majority on committees

17.  (1) A majority of the persons appointed or elected to a Committee mentioned in subsection 15 (1) shall be persons elected to the Council under clause 4 (2) (a). 1996, c. 12, s. 17 (1).

Panels

(2)  The powers and duties of a committee mentioned in paragraph 2, 3, 4 or 5 of subsection 15 (1) may be exercised by a panel that satisfies the following rules:

1. The panel must consist of at least three persons.

2. A majority of the persons on the panel must be members of the committee.

3. The panel must include at least one member of the committee who was elected to the Council under clause 4 (2) (a) and at least one member of the committee who was appointed to the Council under clause 4 (2) (b).

4. A member of the panel who is not a member of the committee must be on a roster of eligible panellists for the committee established under subsection (3). 2001, c. 9, Sched. E, s. 1 (1).

Roster of eligible panellists

(3)  The Council may establish a roster of eligible panellists for a committee mentioned in paragraph 2, 3, 4 or 5 of subsection 15 (1), consisting of such persons as the Council considers qualified to serve as members of a panel of the committee. 2001, c. 9, Sched. E, s. 1 (1).

Same

(4)  The Lieutenant Governor in Council may appoint such persons to a roster of panellists established under subsection (3) as he or she considers appropriate. 2001, c. 9, Sched. E, s. 1 (1).

Not member of committee

(5)  A person included on a roster for a committee is not a member of the committee by reason of his or her inclusion on the roster or his or her service on a panel of the committee. 2001, c. 9, Sched. E, s. 1 (1).

Decision of committee

(6)  A decision, finding, order, opinion or action of a panel of a committee is deemed to be the decision, finding, order, opinion or action of the committee. 2001, c. 9, Sched. E, s. 1 (1).

PART II.1
PUBLIC INTEREST COMMITTEE

Public Interest Committee established

17.1  (1)  A committee to be known in English as the Public Interest Committee and in French as comité de protection de l’intérêt public is established. 2006, c. 10, s. 54.

Composition

(2)  The Minister shall appoint no fewer than three and no more than five persons who are not members of the College to the Committee and shall designate one of those persons as the Chair of the Committee. 2006, c. 10, s. 54.

Same

(3)  Appointments and designations by the Minister under subsection (2) shall be in accordance with the regulations, if any. 2006, c. 10, s. 54.

Term of office

(4)  No term of a member of the Committee shall exceed three years, except as permitted by regulation. 2006, c. 10, s. 54.

Multiple terms

(5)  A person may be a Committee member for more than one term but no person may be a Committee member for more than six consecutive years. 2006, c. 10, s. 54.

Duties

(6)  The Committee shall,

(a) advise the Council with respect to the duty of the College and the members of the Council to serve and protect the public interest in carrying out the College’s objects; and

(b) perform such other duties as may be prescribed by the regulations. 2006, c. 10, s. 54.

PART III
REGISTRATION

Procedures to be fair and open

17.2  (1)  Any power that may be exercised and any duty that must be performed under this Part shall be exercised or performed fairly and in a manner such that any decisions made with respect to an applicant are transparent to and understandable by that applicant, with due regard to his or her individual circumstances. 2006, c. 10, s. 55.

Standards

(2)  The Council shall make regulations, subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, establishing standards, practices and procedures to ensure that the requirements of subsection (1) are fulfilled. 2006, c. 10, s. 55.

Registration

18.  (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. 1996, c. 12, s. 18 (1).

Notation of new teacher program

(1.1)  When the College is notified by a board that a member has successfully completed the new teacher induction program under the Education Act, the Registrar shall note that fact on the member’s certificate. 2006, c. 10, s. 56.

Grounds for refusal

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

(a) the past conduct or actions of the applicant afford grounds for belief that the applicant will not perform his or her duties as a teacher in accordance with the law, including but not limited to this Act, the regulations and the by-laws; or

(b) the applicant does not fulfil the requirements specified in the regulations for the issuance of the certificate. 1996, c. 12, s. 18 (2).

Same

(3)  Except as otherwise directed under this Act, the Registrar shall refuse to issue a certificate of qualification and registration to an applicant who previously held a certificate of qualification and registration that was revoked as a result of a decision of the Discipline Committee or the Fitness to Practise Committee and that was not reinstated under section 33 or 34. 1996, c. 12, s. 18 (3).

Terms, etc., on consent

(4)  If the Registrar is of the opinion that a certificate of qualification and registration should be issued to an applicant with terms, conditions or limitations imposed and the applicant consents to the imposition, the Registrar may do so. 1996, c. 12, s. 18 (4).

Same

(5)  Limitations that may be imposed on consent under subsection (4) include the fixing of a period of not longer than one year during which the applicant may not apply under section 22. 1996, c. 12, s. 18 (5).

Disclosure of application file

19.  (1) The Registrar shall give an applicant for a certificate of qualification and registration, at the applicant’s request, a copy of each document the College has that is relevant to the application.

Exception

(2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person. 1996, c. 12, s. 19.

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

20.  (1) Where the Registrar proposes,

(a) to refuse to issue a certificate of qualification and registration; or

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

the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant.

Exception

(2) Subsection (1) does not apply where the Registrar refuses to issue a certificate under subsection 18 (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 22. 1996, c. 12, s. 20.

Review by Registration Appeals Committee

21.  (1) Where the applicant requests a review in accordance with subsection 20 (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 20 (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.

Same

(5) Directions may be given under subsection (4) to the applicant, to the Registrar or to both, either before or after the Committee conducts the review.

Same

(6) Directions that may be given to the Registrar under subsection (4) include but are not limited to directions to do one or more of the following:

1. Remove specified terms, conditions or limitations on a certificate of qualification and registration issued under section 20.

2. Impose specified terms, conditions or limitations on a certificate of qualification and registration issued under section 20.

3. Revoke a certificate of qualification and registration issued under section 20.

4. Vary or eliminate a period fixed under subsection 20 (7).

Examination of documents, submissions

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

No hearing

(8) Except as provided by section 20 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

(9) 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

(10) Where the Registration Appeals Committee makes an order under paragraph 3 of subsection (9), 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 22.

Order to return fee

(11) The Registration Appeals Committee may order that the fee paid under subsection 20 (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

(12) 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. 1996, c. 12, s. 21.

Variation of registration conditions

22.  (1) A member may apply to the Registration Appeals Committee for an order directing the Registrar to remove or modify any term, condition or limitation imposed by the Registrar or the Registration Appeals Committee on the member’s certificate of qualification and registration.

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 18, 20 or 21; 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. 1996, c. 12, s. 22.

Register

23.  (1)  The Registrar shall maintain a register. 1996, c. 12, s. 23 (1).

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 and any certificates of additional qualifications 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. 1996, c. 12, s. 23 (2); 2001, c. 14, Sched. B, s. 3 (1); 2004, c. 26, s. 3 (1).

New teacher program

(2.1)  In the case of a member who has successfully completed the new teacher induction program under the Education Act, the Registrar shall, within 60 days of receiving notice that the member has done so, note that information on the register and such information is not subject to removal by by-law. 2006, c. 10, s. 57.

Inspection

(3)  Any person has the right, during normal business hours, to inspect the register. 1996, c. 12, s. 23 (3).

Copies

(4)  The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of the register. 1996, c. 12, s. 23 (4).

Suspension: failure to pay fees, provide information

24.  (1) The Registrar may suspend a member’s certificate of qualification and registration for,

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

(b) failure to provide information required by the by-laws.

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. 1996, c. 12, s. 24.

PART III.I (ss. 24.1-24.11) Repealed: 2004, c. 26, s. 4.

PART IV
INVESTIGATION COMMITTEE

Composition of Investigation Committee

25.  (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 or the Fitness to Practise Committee shall be a member of the Investigation Committee. 1996, c. 12, s. 25.

Duties of Investigation Committee

26.  (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, incompetence or incapacity 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 or the Fitness to Practise 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.

Timely disposal

(9) The Investigation Committee shall use it best efforts to dispose of a complaint within 120 days of it being filed with the Registrar. 1996, c. 12, s. 26.

PART V
DISCIPLINE AND FITNESS TO PRACTISE

Composition of Discipline Committee

27.  (1) The Council shall appoint at least 11 of its members to the Discipline Committee.

Same

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

Chair of Committee

(3) The Council shall appoint one of the members of the Discipline Committee as the Chair. 1996, c. 12, s. 27.

Composition of Fitness to Practise Committee

28.  (1) The Council shall appoint at least five of its members to the Fitness to Practise Committee.

Same

(2) At least one of the members of the Fitness to Practise Committee shall be a person who was appointed to the Council by the Lieutenant Governor in Council.

Chair of Committee

(3) The Council shall appoint one of the members of the Fitness to Practise Committee as the Chair. 1996, c. 12, s. 28.

Reference by Council or Executive Committee

29.  (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.

Same

(2) The Council or the Executive Committee may direct the Fitness to Practise Committee to hold a hearing and determine any allegation of incapacity on the part of a member of the College.

Interim suspension

(3) 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 or to the Fitness to Practise 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

(4) No order shall be made under subsection (3) 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

(5) Clause (4) (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

(6) 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

(7) If an order is made under subsection (3) in relation to a matter referred to the Discipline Committee or the Fitness to Practise Committee,

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

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

Duration of order

(8) An order under subsection (3) continues in force until the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee. 1996, c. 12, s. 29.

Discipline Committee, findings of professional misconduct and incompetence

30.  (1) The Discipline Committee shall,

(a) hear and determine matters directed or referred to it under section 26, 29 or 33; and

(b) perform such other duties as are 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, 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.

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.

4. Directing that the imposition of a penalty be postponed for a specified period and not be imposed if specified terms are met within that period.

Same

(5) Where the Discipline Committee finds a member guilty of professional misconduct, it may, in addition to exercising its powers under subsection (4), make an order doing one or more of the following:

1. 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.

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

3. Directing that the finding and the order of the 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 Committee considers appropriate in the particular case.

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

Same

(6) In making an order under paragraph 4 of subsection (4), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the successful completion by the member of specified courses of study.

Same

(7) In making an order revoking or suspending a certificate or imposing terms, conditions or limitations on a certificate, the Committee may fix a period during which the member may not apply under section 33.

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. 1996, c. 12, s. 30.

Fitness to Practise Committee, finding of incapacity

31.  (1) The Fitness to Practise Committee shall,

(a) hear and determine matters directed or referred to it under section 26, 29 or 33; and

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

Incapacity

(2) The Fitness to Practise Committee may, after a hearing, find a member to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate held by the member under this Act should be made subject to terms, conditions or limitations.

Powers of Fitness to Practise Committee

(3) Where the Fitness to Practise Committee finds a member to be incapacitated, it may make an order doing one or more of the following:

1. Directing the Registrar to revoke any certificate held by the member under this Act.

2. Directing the Registrar to suspend any certificate held by the member under this Act for a stated period, not exceeding 24 months.

3. Directing the Registrar to impose specified terms, conditions or limitations on any certificate held by the member under this Act.

4. Directing that the imposition of a penalty be postponed for a specified period and not be imposed if specified terms are met within that period.

Same

(4) In making an order under paragraph 4 of subsection (3), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the production to the Committee of evidence satisfactory to it that any physical or mental condition or disorder in respect of which the penalty was imposed has been resolved.

Same

(5) In making an order revoking or suspending a certificate or imposing terms, conditions or limitations on a certificate, the Committee may fix a period during which the member may not apply under section 33.

Publication on request

(6) The Fitness to Practise Committee shall cause a determination by the Committee that an allegation of incapacity was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made.

Costs

(7) Where the Fitness to Practise Committee is of the opinion that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member for his or her costs or such portion of them as the Committee fixes. 1996, c. 12, s. 31.

Procedure: incompetence, misconduct, incapacity hearings

32.  (1) This section applies to hearings of the Discipline Committee under section 30 and to hearings of the Fitness to Practise Committee under section 31.

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 or Fitness to Practise 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 or Fitness to Practise 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 or Fitness to Practise 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 of Discipline Committee to be public

(6) A hearing of the Discipline Committee 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.

Fitness to Practise Committee hearings to be closed

(8) A hearing of the Fitness to Practise Committee shall, subject to subsection (9), be closed to the public.

Open on request of member in some cases

(9) A hearing of the Fitness to Practise Committee shall be open to the public if the person who is alleged to be incapacitated requests it in a written notice received by the Registrar before the day the hearing commences, unless the Fitness to Practise 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 acceding to the request of the person who is alleged to be incapacitated;

(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

(10) The oral evidence taken before the Discipline Committee or Fitness to Practise 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

(11) No member of the Discipline Committee or Fitness to Practise 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

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

Service of decision, reasons

(13) Subject to subsection (14), the Discipline Committee or Fitness to Practise Committee shall serve its decision, with reasons,

(a) on the parties; and

(b) where the matter was referred to the Discipline Committee or Fitness to Practise Committee as a result of a complaint under subsection 26 (1), on the complainant.

Same

(14) Where the hearing was closed, the Discipline Committee or Fitness to Practise Committee may, in its discretion, serve its decision on the complainant without reasons. 1996, c. 12, s. 32.

PART VI
REINSTATEMENT AND VARIATION

Reinstatement and variation procedures

Reinstatement after disciplinary proceedings

33.  (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 30 (7) or under paragraph 6 of subsection (6), as the case may be.

Same