O. Reg. 72/97: GENERAL
under Ontario College of Teachers Act, 1996, S.O. 1996, c. 12
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ONTARIO REGULATION 72/97
GENERAL
Note: This Regulation was revoked on August 6, 2021. (See: O. Reg. 563/21, s. 42)
Last amendment: 563/21.
Legislative History: 392/01, 271/06, 369/07, S.O. 2009, c. 33, Sched. 13, s. 6, 93/17, 563/21.
This is the English version of a bilingual regulation.
CONTENTS
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Sections |
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1-4 |
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4.1 |
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5 |
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6 |
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7-12 |
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13-18 |
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19-20 |
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20.1 |
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21 |
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22 |
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23-24 |
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25 |
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25.1-25.4 |
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26 |
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27 |
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28-32 |
Employers’ Obligation to Submit Fees
1. In sections 2 to 4,
“due date” means the date on which the annual membership fee is due in any year, as specified in the by-laws; (“date d’échéance”)
“private school” has the same meaning as in subsection 1 (1) of the Education Act. (“école privée”) O. Reg. 72/97, s. 1.
2. (1) Where, on the due date in any year, a school board employs a member, the school board shall,
(a) deduct the amount of the annual membership fee payable in respect of the year by the member from the member’s salary; and
(b) submit the amount of the fee to the College. O. Reg. 72/97, s. 2 (1).
(2) Where, on the due date in any year, the Provincial Schools Authority employs a member and the Ministry of Education and Training is responsible for paying the member’s salary, the Ministry of Education and Training shall,
(a) deduct the amount of the annual membership fee payable in respect of the year by the member from the member’s salary; and
(b) submit the amount of the fee to the College. O. Reg. 72/97, s. 2 (2).
(3) Where, on the due date in any year, a private school employs a member who contributes to the Ontario Teachers’ Pension Plan, the private school shall,
(a) deduct the amount of the annual membership fee payable in respect of the year by the member from the member’s salary; and
(b) submit the amount of the fee to the College. O. Reg. 72/97, s. 2 (3).
(4) Subsection (3) applies only if the private school has received notice that the member contributes to the Ontario Teachers’ Pension Plan. O. Reg. 72/97, s. 2 (4).
(5) The amounts referred to in subsections (1) to (3) shall be submitted no later than 35 days after the due date. O. Reg. 72/97, s. 2 (5).
(6) The amount may be submitted by cheque or by any other means approved by the Registrar. O. Reg. 72/97, s. 2 (6); S.O. 2009, c. 33, Sched. 13, s. 6.
(7) When submitting an amount under this section, the school board, the Ministry of Education and Training or the private school, as the case may be, shall provide the Registrar with sufficient information to identify the member on whose behalf the amount is submitted. O. Reg. 72/97, s. 2 (7); S.O. 2009, c. 33, Sched. 13, s. 6.
(8) The Registrar may issue directions respecting the content and form of the information to be provided under subsection (7). O. Reg. 72/97, s. 2 (8); S.O. 2009, c. 33, Sched. 13, s. 6.
3. At the written request, made before the due date, of a school board, the Ministry of Education and Training or a private school, as the case may be, the Registrar may extend the period specified in subsection 2 (5), if the Registrar is of the opinion that the extension is warranted because of exceptional circumstances. O. Reg. 72/97, s. 3; S.O. 2009, c. 33, Sched. 13, s. 6.
4. (1) A school board, the Ministry of Education and Training or a private school, as the case may be, shall pay interest on any amount in arrears, from the day the amount was required to be submitted under section 2 or, where applicable, section 3, to the day before the day on which the payment is made. O. Reg. 72/97, s. 4 (1).
(2) The interest shall be calculated at the bank prime rate plus 4 per cent per year. O. Reg. 72/97, s. 4 (2).
(3) In subsection (2),
“bank prime rate” means the prime rate quoted by the College’s bank of record on the day the payment was due. O. Reg. 72/97, s. 4 (3).
4.1 (1) A person elected or appointed to Council shall, before taking office, swear an oath or make an affirmation as follows:
I will faithfully and impartially, to the best of my knowledge and skill, perform the duties of a member of the Council of the College and any committees of the Council on which I sit.
In so doing, I will ensure that the guiding principle in the performance of my duties is the duty to serve and protect the public interest, which is my duty as a Council member and a duty of the College.
I will perform the duties of my position without favour or ill will to any person or entity.
I will ensure that other memberships, directorships, voluntary or paid positions or affiliations that I may hold will not interfere or conflict with the performance of my duties as a Council member.
So help me God. (Omit this line in an affirmation.) O. Reg. 271/06, s. 1.
(2) In swearing the oath or making the affirmation, the person shall use the form provided by the Registrar. O. Reg. 271/06, s. 1; S.O. 2009, c. 33, Sched. 13, s. 6.
(3) The oath shall be sworn or the affirmation shall be made before a commissioner for taking affidavits. O. Reg. 271/06, s. 1.
(4) The person elected or appointed to Council shall swear the oath or make the affirmation, and present the completed form referred to under subsection (2) to the Registrar, by,
(a) the first meeting of Council that the person would otherwise be eligible to attend as a Council member; or
(b) such other date as is determined by the Registrar, but in any event no later than one month after the meeting mentioned in clause (a). O. Reg. 271/06, s. 1; S.O. 2009, c. 33, Sched. 13, s. 6.
(5) The person elected or appointed to Council may not take office if he or she fails to swear the oath or make the affirmation required under subsection (1). O. Reg. 271/06, s. 1.
5. Nineteen members of the Council, at least five of whom shall be persons appointed to the Council under clause 4 (2) (b) of the Act, constitute a quorum of the Council. O. Reg. 271/06, s. 2.
Disqualification and Suspension of Council Members
6. (1) The Council shall disqualify an elected member of the Council from sitting on the Council pursuant to section 31 or 32, or if, at any point during the member’s term, the member,
(a) is found by the Discipline Committee to be guilty of professional misconduct or to be incompetent;
(b) is found by the Fitness to Practise Committee to be incapacitated;
(c) fails, without cause, to attend three consecutive meetings of the Council;
(d) fails, without cause, to attend half the meetings of the Council in any 12-month period;
(e) fails, without cause, to attend three consecutive meetings of a committee of which he or she is a member;
(f) fails, without cause, to attend a hearing of a panel of a committee for which he or she has been selected;
(g) fails or ceases to meet the criteria set out in Ontario Regulation 293/00 (Election of Council Members) made under the Act for eligibility to be nominated for the position for which the member was elected, as that regulation read on the day the member was declared elected;
(h) fails or ceases to meet the criteria set out in Ontario Regulation 293/00 (Election of Council Members) made under the Act for eligibility to take the position for which the member was elected, as that regulation read on the day the member was declared elected, or takes a position from which he or she would have been required to resign as a condition of eligibility to take the position for which he or she was elected; or
(i) in the case of a person who was a part-time classroom teacher, as defined in Ontario Regulation 293/00 (Election of Council Members) made under the Act, on the day the member was declared elected, provides instructional services, within the meaning of that regulation, on fewer than 10 days during each year of the person’s term of office. O. Reg. 72/97, s. 6 (1); O. Reg. 271/06, s. 3 (1, 2); O. Reg. 93/17, s. 1 (2).
(1.1) Despite subsection (1), the chair of Council shall not be disqualified for failing or ceasing to meet the criteria for eligibility to take the position for which he or she was elected if the Council determines that the chair could not otherwise fulfil his or her duties as chair. O. Reg. 271/06, s. 3 (3).
(1.2) Revoked: O. Reg. 93/17, s. 1 (3).
(2) An elected member of the Council who is disqualified from sitting on the Council ceases to be a member of the Council. O. Reg. 72/97, s. 6 (2).
(3) The Council shall suspend an elected member from his or her office as a member of the Council,
(a) pursuant to clause 29.1 (5) (a) or section 31 or 32; or
(b) if, at any point during the member’s term,
(i) the Investigation Committee refers a complaint about the member to the Discipline Committee or the Fitness to Practise Committee under clause 26 (5) (a) of the Act, or
(ii) the Discipline Committee or the Fitness to Practise Committee is directed under subsection 29 (1) or (2) of the Act to hold a hearing and determine allegations of professional misconduct, incompetence or incapacity on the part of the member. O. Reg. 93/17, s. 1 (4).
(3.1) A suspension of a member from his or her office as a member of the Council under subclause (3) (b) (i) or (ii) continues until the matter is disposed of by the Discipline Committee or the Fitness to Practice Committee. O. Reg. 93/17, s. 1 (4).
(4) A person who is suspended under subsection (3) from his or her office as member of the Council shall not participate in any meeting or other proceeding of the Council. O. Reg. 72/97, s. 6 (4).
7. (1) For the purposes of this Regulation, the seat of an elected member of the Council becomes vacant if the member dies, resigns or is disqualified from sitting on the Council. O. Reg. 72/97, s. 7 (1).
(2) For the purposes of this Regulation, the resignation of an elected member of the Council is effective when received by the Registrar, the chair or the vice-chair. O. Reg. 72/97, s. 7 (2); S.O. 2009, c. 33, Sched. 13, s. 6.
8. (1) If the seat of an elected member of the Council becomes vacant not more than six months before the expiry of the member’s term of office, the Council may leave the seat vacant or may fill the vacated position by appointment. O. Reg. 72/97, s. 8 (1).
(2) If the Council chooses to fill the vacated position by appointment, it shall appoint the person who had the most votes of all the unsuccessful candidates for the position in the last Council election, not including those persons who, as of the date of the appointment,
(a) are not willing to fill the vacancy; or
(b) do not meet the criteria set out in the regulations for eligibility to be nominated for the position, as those regulations read on the day the member was declared elected. O. Reg. 72/97, s. 8 (2).
(3) If no person can be appointed in accordance with subsection (2), the Council may fill the vacated position by appointing any person who, as of the date of the appointment, is willing to fill the vacancy and meets the criteria set out in the regulations for eligibility to be nominated for the position, as those regulations read on the day the member was declared elected. O. Reg. 72/97, s. 8 (3).
(4) The Council shall make its determination under subsection (1) as soon as reasonably possible and, if the Council decides to fill the vacated position, the Council shall do so as soon as reasonably possible. O. Reg. 72/97, s. 8 (4).
9. (1) If the seat of an elected member of the Council becomes vacant more than six months before the expiry of the member’s term of office, the Council shall fill the vacated position by appointing the person who had the most votes of all the unsuccessful candidates for the position in the last Council election, not including those persons who, as of the date of the appointment,
(a) are not willing to fill the vacancy; or
(b) do not meet the criteria set out in the regulations for eligibility to be nominated for the position, as those regulations read on the day the member was declared elected. O. Reg. 72/97, s. 9 (1).
(2) If no person can be appointed in accordance with subsection (1), the Council shall fill the vacated position by appointing any person who, as of the date of the appointment, is willing to fill the vacancy and meets the criteria set out in the regulations for eligibility to be nominated for the position, as those regulations read on the day the member was declared elected. O. Reg. 72/97, s. 9 (2).
(3) The Council shall fill the vacated position as soon as reasonably possible. O. Reg. 72/97, s. 9 (3).
10. Within 10 days of a vacancy to which section 8 or 9 applies arising, the Registrar shall,
(a) notify the members of the Council that the vacancy has arisen;
(b) provide the members of the Council with the information that they need in order to be able to fill the vacancy; and
(c) draw the attention of the Council to its obligation under section 8 or 9, as the case may be, to act expeditiously. O. Reg. 72/97, s. 10; S.O. 2009, c. 33, Sched. 13, s. 6.
11. (1) If the seat of one or more elected Council members becomes vacant and no quorum of the Council remains in office, the Registrar shall hold an election for the vacant positions and, for the purpose, shall adapt the provisions of the regulation that governed the last election to the Council, as those provisions read on the last voting day in that election, as he or she considers appropriate. O. Reg. 72/97, s. 11 (1); S.O. 2009, c. 33, Sched. 13, s. 6.
(2) Where an election is required under this section, the Registrar shall,
(a) within 10 days of the requirement to hold an election arising under subsection (1), set a date or time period during which the voting will occur; and
(b) ensure that the election is held as soon as reasonably possible. O. Reg. 72/97, s. 11 (2); S.O. 2009, c. 33, Sched. 13, s. 6.
12. A person appointed under section 8 or 9 or elected under section 11 shall hold office until the former Council member’s term would have expired. O. Reg. 72/97, s. 12.
13. In sections 14 to 18,
“statutory committee” means,
(a) the Executive Committee,
(b) the Investigation Committee,
(c) the Discipline Committee,
(d) the Registration Appeals Committee, and
(e) the Fitness to Practise Committee. O. Reg. 72/97, s. 13.
14. (1) Subject to subsections 25 (1), 27 (1) and 28 (1) of the Act, the Council shall determine the number of members to be appointed by it to the Investigation Committee, the Discipline Committee and the Fitness to Practise Committee. O. Reg. 72/97, s. 14 (1).
(2) The members of a statutory committee to be appointed by the Council shall be appointed as soon as reasonably possible. O. Reg. 72/97, s. 14 (2).
(3) A person appointed to a statutory committee shall continue to be a member of the committee until the first meeting of the next Council. O. Reg. 72/97, s. 14 (3).
(4) Subject to subsection 20 (1), the Council shall appoint a chair for each statutory committee, from among the members appointed to the committee. O. Reg. 72/97, s. 14 (4).
(5) Subject to subsection 20 (2), a statutory committee shall elect a vice-chair from among its members. O. Reg. 72/97, s. 14 (5).
(6) In the absence of the chair of a statutory committee, the vice-chair shall temporarily act as and have all the powers of the chair. O. Reg. 72/97, s. 14 (6).
(7) In the absence of the chair and vice-chair of a statutory committee, the committee shall elect a person from among its members to temporarily act as and have all the powers of the chair. O. Reg. 72/97, s. 14 (7).
(8) The chair of a statutory committee may vote at meetings of the committee. O. Reg. 72/97, s. 14 (8).
15. (1) Subject to subsection (4), a quorum of the Investigation Committee, the Discipline Committee or the Fitness to Practise Committee is a majority of the number of positions on the committee, as determined under subsection 14 (1), whether or not one or more of the positions is vacant. O. Reg. 72/97, s. 15 (1).
(2) Subject to subsection (4), a quorum of the Registration Appeals Committee is three. O. Reg. 72/97, s. 15 (2).
(3) Subject to subsection (4), a quorum of the Executive Committee is four. O. Reg. 72/97, s. 15 (3).
(4) A quorum of a statutory committee is not constituted unless at least one of the members of the committee participating in the meeting is a person appointed to the Council under clause 4 (2) (b) of the Act. O. Reg. 72/97, s. 15 (4).
16. (1) The seat of a member of a statutory committee becomes vacant if the member dies, resigns from the committee, resigns from the Council or is disqualified from sitting on the Council. O. Reg. 72/97, s. 16 (1).
(2) For the purposes of this Regulation, the resignation of a member of a statutory committee from the committee is effective when received by the Registrar or the chair of the committee. O. Reg. 72/97, s. 16 (2); S.O. 2009, c. 33, Sched. 13, s. 6.
(3) If the seat of a member of a statutory committee becomes vacant, the Executive Committee shall, as soon as reasonably possible, appoint a member of the Council to fill the vacancy. O. Reg. 72/97, s. 16 (3).
(4) Subsection (3) does not apply to vacancies on the Executive Committee. O. Reg. 72/97, s. 16 (4).
(5) If the seat of a member of the Executive Committee becomes vacant, the Council shall, as soon as reasonably possible, appoint one of its members to fill the vacancy. O. Reg. 72/97, s. 16 (5).
(6) In filling a vacancy under this section, the Executive Committee or Council, as the case may be, shall ensure that the requirements of subsections 25 (2), 27 (2) and 28 (2) of the Act and of section 19 and subsections 23 (2) and (3) of this Regulation are complied with. O. Reg. 72/97, s. 16 (6).
(7) Within 10 days of a vacancy to which subsection (3) or (5) applies arising, the Registrar shall,
(a) notify the members of the Executive Committee or the Council, as the case may be, that the vacancy has arisen;
(b) provide the members of the Executive Committee or the Council, as the case may be, with the information that they need in order to be able to fill the vacancy; and
(c) draw the attention of the Executive Committee or the Council, as the case may be, to its obligation under this section to act expeditiously. O. Reg. 72/97, s. 16 (7); S.O. 2009, c. 33, Sched. 13, s. 6.
(8) A person appointed under this section shall hold office until the former committee member’s term would have expired. O. Reg. 72/97, s. 16 (8).
(9) A person who is suspended under subsection 6 (3) from his or her office as member of the Council is also suspended from his or her office as member of a statutory committee. O. Reg. 72/97, s. 16 (9).
(10) A person who is suspended under subsection (9) from his or her office as member of a committee shall not participate in any meeting or other proceeding of the committee or of a panel of the committee. O. Reg. 72/97, s. 16 (10).
17. (1) Each statutory committee shall meet at least once a year. O. Reg. 72/97, s. 17 (1).
(2) Each statutory committee shall meet,
(a) when requested by its chair;
(b) when requested in writing signed by a sufficient number of members to constitute a quorum under section 15;
(c) when requested by the Council; or
(d) when requested by the Executive Committee. O. Reg. 72/97, s. 17 (2).
18. (1) A meeting of a statutory committee may be held by any means that permits every person participating in the meeting to communicate with each other simultaneously. O. Reg. 72/97, s. 18 (1).
(2) The chair of a statutory committee shall ensure that minutes are,
(a) taken at each meeting;
(b) reviewed and approved at the meeting following the one at which they are taken; and
(c) signed by the chair after approval. O. Reg. 72/97, s. 18 (2).
(3) Subsections (1) and (2) apply with necessary modifications to a meeting of a panel of a statutory committee. O. Reg. 72/97, s. 18 (3).
(4) This section does not apply to a hearing of a statutory committee or of a panel of a statutory committee. O. Reg. 72/97, s. 18 (4).
19. (1) The Council shall appoint the chairs of the following committees as members of the Executive Committee:
1. The Fitness to Practise Committee.
2. The Discipline Committee.
3. The Registration Appeals Committee.
4. The Investigation Committee.
5. The Standards of Practice and Education Committee.
6. The Finance Committee.
7. The Accreditation Committee. O. Reg. 72/97, s. 19 (1).
(2) The Council shall also appoint the chair and vice-chair of the Council as members of the Executive Committee, where they are not appointed under subsection (1). O. Reg. 72/97, s. 19 (2).
(3) The Council shall appoint additional members to the Executive Committee in accordance with the following rules, where applicable:
1. If all the persons appointed under subsections (1) and (2) are members of the Council elected under clause 4 (2) (a) of the Act, the Council shall appoint two additional persons to the Executive Committee, both of whom shall be members of the Council appointed under clause 4 (2) (b) of the Act.
2. If only one of the persons appointed under subsections (1) and (2) is a member of the Council appointed under clause 4 (2) (b) of the Act, the Council shall appoint one additional person to the Executive Committee, who shall be a member of the Council appointed under clause 4 (2) (b) of the Act.
3. If all the persons appointed under subsections (1) and (2) are members of the Council appointed under clause 4 (2) (b) of the Act, the Council shall appoint two additional persons to the Executive Committee, both of whom shall be members of the Council elected under clause 4 (2) (a) of the Act.
4. If only one of the persons appointed under subsections (1) and (2) is a member of the Council elected under clause 4 (2) (a) of the Act, the Council shall appoint one additional person to the Executive Committee, who shall be a member of the Council elected under clause 4 (2) (a) of the Act. O. Reg. 72/97, s. 19 (3).
20. (1) The chair of the Council shall be the chair of the Executive Committee. O. Reg. 72/97, s. 20 (1).
(2) The vice-chair of the Council shall be the vice-chair of the Executive Committee. O. Reg. 72/97, s. 20 (2).
20.1 The appointment of a person by the Lieutenant Governor in Council under subsection 17 (4) of the Act to a roster of eligible panelists for a Committee mentioned in paragraph 2, 3, 4 or 5 of subsection 15 (1) of the Act is for the term specified in the appointment. O. Reg. 392/01, s. 1.
21. (1) A complaint to be considered and investigated by the Investigation Committee under section 26 of the Act shall be considered and investigated by a panel of the Committee selected for the purpose in accordance with section 17 of the Act by the chair of the Committee. O. Reg. 392/01, s. 2.
(2) The chair of the Committee shall appoint as the chair of the panel a member of the panel who is a member of the Committee. O. Reg. 392/01, s. 2.
(3) If a panelist’s term of appointment to the Committee or to the roster of eligible panelists for the Committee ends before the consideration and investigation of the complaint is completed or the panel’s decision is given, the panelist’s term is deemed to continue for the purpose of participation in the decision. O. Reg. 392/01, s. 2.
(4) A panel may exercise all the powers and carry out all the duties of the Committee with respect to the complaint before the panel. O. Reg. 392/01, s. 2.
22. (1) A hearing on matters directed or referred to the Discipline Committee under section 26, 29 or 33 of the Act shall be conducted by a panel of the Committee selected for the purpose in accordance with section 17 of the Act by the chair of the Committee. O. Reg. 392/01, s. 3.
(2) The chair of the Committee shall appoint as the chair of the panel a member of the panel who is a member of the Committee. O. Reg. 392/01, s. 3.
(3) If a panelist’s term of appointment to the Committee or to the roster of eligible panelists for the Committee ends before the hearing is completed or the panel’s decision is given, the panelist’s term is deemed to continue for the purpose of participation in the decision. O. Reg. 392/01, s. 3.
(4) A panel may exercise all the powers and carry out all the duties of the Committee with respect to the matter before the panel. O. Reg. 392/01, s. 3.
Registration Appeals Committee
23. (1) The Council shall appoint five of its members to the Registration Appeals Committee. O. Reg. 72/97, s. 23 (1).
(2) At least two of the members of the Registration Appeals Committee shall be persons appointed to the Council under clause 4 (2) (b) of the Act. O. Reg. 72/97, s. 23 (2).
(3) At least two of the members of the Registration Appeals Committee shall be persons elected to the Council under clause 4 (2) (a) of the Act. O. Reg. 72/97, s. 23 (3).
24. (1) A request for review under section 21 of the Act or an application for variation under section 22 of the Act shall be decided by a panel of the Registration Appeals Committee selected for the purpose in accordance with section 17 of the Act by the chair of the Committee. O. Reg. 392/01, s. 4.
(2) The chair of the Committee shall appoint as the chair of the panel a member of the panel who is a member of the Committee. O. Reg. 392/01, s. 4.
(3) If a panelist’s term of appointment to the Committee or to the roster of eligible panelists for the Committee ends before the proceeding is completed or the panel’s decision is given, the panelist’s term is deemed to continue for the purpose of participation in the decision. O. Reg. 392/01, s. 4.
(4) A panel may exercise all the powers and carry out all the duties of the Committee with respect to the matter before the panel. O. Reg. 392/01, s. 4.
25. (1) A hearing on matters directed or referred to the Fitness to Practise Committee under section 26, 29 or 33 of the Act shall be conducted by a panel of the Committee selected for the purpose in accordance with section 17 of the Act by the chair of the Committee. O. Reg. 392/01, s. 5.
(2) The chair of the Committee shall appoint as the chair of the panel a member of the panel who is a member of the Committee. O. Reg. 392/01, s. 5.
(3) If a panelist’s term of appointment to the Committee or to the roster of eligible panelists for the Committee ends before the hearing is completed or the panel’s decision is given, the panelist’s term is deemed to continue for the purpose of participation in the decision. O. Reg. 392/01, s. 5.
(4) A panel may exercise all the powers and carry out all the duties of the Committee with respect to the matter before the panel. O. Reg. 392/01, s. 5.
25.1 (1) The Public Interest Committee shall meet at least four times a year and at any other time requested by its chair, the Council or the Executive Committee. O. Reg. 369/07, s. 2.
(2) The chair of the Public Interest Committee shall schedule the Committee’s meetings, taking into account the requirements under section 25.2 relating to the Committee’s work plan and the reporting requirements under section 25.4. O. Reg. 369/07, s. 2.
(3) The Registrar shall give every member of the Public Interest Committee at least 10 days notice of each meeting, except that,
(a) if the members waive the requirement for notice for a meeting, no notice is required for the meeting; and
(b) the chair shall give a reduced amount of notice for a meeting if the members consent to it. O. Reg. 369/07, s. 2; S.O. 2009, c. 33, Sched. 13, s. 6.
(4) The notice referred to in subsection (3) shall be in writing and shall specify the time, place and proposed agenda of the meeting. O. Reg. 369/07, s. 2.
(5) A meeting of the Public Interest Committee shall be held by any means that permits every person participating in the meeting to communicate with each other simultaneously. O. Reg. 369/07, s. 2.
(6) The chair of the Public Interest Committee shall ensure that minutes are,
(a) taken at each meeting;
(b) reviewed and approved at the meeting following the one at which they are taken; and
(c) signed by the chair after approval. O. Reg. 369/07, s. 2.
(7) A quorum of the Public Interest Committee is three. O. Reg. 369/07, s. 2.
25.2 (1) The Public Interest Committee shall develop a work plan identifying its priorities and its proposed projects and activities for each period between elections of council members. O. Reg. 369/07, s. 2.
(2) Despite subsection (1), the first work plan developed after the day Ontario Regulation 369/07 comes into force shall relate to the period from the day the plan is developed until the day of the next election of council members. O. Reg. 369/07, s. 2.
(3) The Public Interest Committee shall include in its work plan a schedule for completing the proposed projects and activities. O. Reg. 369/07, s. 2.
(4) Each year after the year in which a work plan and schedule are first developed, the Public Interest Committee shall review them and modify them as necessary. O. Reg. 369/07, s. 2.
(5) The development of the work plan under subsection (1) or (2) and its modification, if any, under subsection (4) shall be done in consultation with the Council and shall take into account the budget approved by the Council to support the work of the Committee. O. Reg. 369/07, s. 2.
25.3 (1) The Public Interest Committee may request information from the Council to assist the Committee to,
(a) develop or modify the work plan referred to in section 25.2;
(b) implement the work plan; or
(c) provide advice to the Council. O. Reg. 369/07, s. 2.
(2) Requests for information shall be made to the Registrar. O. Reg. 369/07, s. 2; S.O. 2009, c. 33, Sched. 13, s. 6.
25.4 (1) Each year before the Council’s annual meeting, the Public Interest Committee shall provide a report to the Council on the activities of the Committee during the previous year. O. Reg. 369/07, s. 2.
(2) The report shall include a copy of the most recent work plan referred to in section 25.2 and any other reports requested by the Council. O. Reg. 369/07, s. 2.
Designations for Purposes of Section 47 of the Act
26. The following persons or bodies are designated for the purposes of subsection 47 (1) of the Act:
1. A private school, as defined in subsection 1 (1) of the Education Act, in respect of which a current notice of intention has been filed under section 16 of that Act.
2. A college of applied arts and technology established by regulation under subsection 2 (1) of the Ontario Colleges of Applied Arts and Technology Act, 2002.
3. An institution specified in the Schedule to the University Foundations Act, 1992.
4. The Ontario Teachers’ Pension Plan Board.
5. The Ontario Teachers’ Federation.
6. L’Association des enseignantes et des enseignants franco-ontariens.
7. The Elementary Teachers’ Federation of Ontario.
8. The Ontario English Catholic Teachers’ Association.
9. Revoked: O. Reg. 392/01, s. 6 (2).
10. The Ontario Secondary School Teachers’ Federation. O. Reg. 72/97, s. 26; O. Reg. 392/01, s. 6; O. Reg. 271/06, s. 4.
27. (1) It is a conflict of interest for a member of the Council, a member of a committee of the Council or a member of the Public Interest Committee to make a decision, participate in making a decision or be present when a decision is made in the execution of his or her office if,
(a) there is an opportunity to directly or indirectly confer a benefit on the member or on any person listed in subsection (2); and
(b) the member knows or reasonably should know about the opportunity referred to in clause (a). O. Reg. 369/07, s. 3.
(2) The persons mentioned in clause (1) (a) are,
(a) anyone connected with the member by blood relationship, marriage, common-law or adoption;
(b) a corporation wholly owned or effectively controlled by the member; and
(c) an employer of the member. O. Reg. 369/07, s. 3.
(3) Despite subsection (1), it is not a conflict of interest for a member of the Council to approve resolutions relating to,
(a) the remuneration of Council members;
(b) the indemnification of Council members; or
(c) the acquisition of insurance in respect of the indemnification of Council members. O. Reg. 369/07, s. 3.
(4) Despite subsection (1), it is not a conflict of interest for a member of a committee of the Council to approve resolutions relating to,
(a) the remuneration of members of the committee of the Council;
(b) the indemnification of members of the committee of the Council; or
(c) the acquisition of insurance in respect of the indemnification of members of the committee of the Council. O. Reg. 369/07, s. 3.
(5) A member of the Council, a member of a committee of the Council or a member of the Public Interest Committee who has a conflict of interest in relation to a decision by the Council or committee, as the case may be, or who believes that he or she may have one, shall disclose it immediately upon becoming aware of it, to,
(a) the chair of the Council or committee, as the case may be, if the member is not the chair; or
(b) the vice-chair of the Council or committee, as the case may be, if the member is the chair. O. Reg. 369/07, s. 3.
(6) If the member becomes aware of the conflict of interest before or at any meeting at which the decision is discussed, the member,
(a) shall not participate in any discussion of the decision,
(b) shall not vote on the decision; and
(c) shall withdraw from the meeting for the discussion of the decision and for any vote on the decision, if requested to do so by the person to whom the member is required to disclose the conflict of interest. O. Reg. 369/07, s. 3.
(7) The Registrar shall keep a record of all disclosures made under subsection (5). O. Reg. 369/07, s. 3; S.O. 2009, c. 33, Sched. 13, s. 6.
Complaints Against Members of Council and Committees
28. (1) Any person may make the following complaints:
1. A complaint that a member of the Council, a member of a committee of the Council or a member of the Public Interest Committee had a conflict of interest and failed to disclose it as required under subsection 27 (5).
2. A complaint that a member of the Council contravened his or her obligations under the oath or affirmation set out in subsection 4.1 (1).
3. A complaint that a member of the Council has or may have acted in a manner incompatible with his or her position as a member of the Council, including in a manner inconsistent with the College’s duty to serve and protect the public interest. O. Reg. 93/17, s. 2.
(2) In sections 29 to 32, unless otherwise specified, a reference to a member is a reference to a member of the Council, a member of a committee of the Council, or a member of the Public Interest Committee, as the case may be. O. Reg. 93/17, s. 2.
(3) This section and sections 29 to 32 apply for the purposes of determining whether the conditions set out in those sections have been met for disqualifying an elected member of Council from sitting on the Council or suspending a person from his or her office as a member of the Council, and set out the rules for the removal of disqualified and suspended members. O. Reg. 93/17, s. 2.
29. (1) Revoked: O. Reg. 93/17, s. 3 (1).
(2) A complaint made under subsection 28 (1) shall be in writing, shall contain information regarding the basis for the complaint and shall be submitted to,
(a) the vice-chair of the Council and the Registrar, if the complaint is against the chair of the Council; or
(b) the chair of the Council and the Registrar, if the complaint is against any other member. O. Reg. 369/07, s. 3; S.O. 2009, c. 33, Sched. 13, s. 6; O. Reg. 93/17, s. 3 (2).
(3) The Registrar shall provide a copy of the complaint to the member against whom the complaint is made. O. Reg. 369/07, s. 3; S.O. 2009, c. 33, Sched. 13, s. 6.
29.1 (1) The Registrar shall investigate every complaint made under subsection 28 (1). O. Reg. 93/17, s. 4.
(2) Following the investigation of a complaint, the Registrar shall,
(a) dismiss the complaint, if the Registrar determines that the complaint is frivolous, vexatious or an abuse of process; or
(b) refer the matter and any relevant information to the Council. O. Reg. 93/17, s. 4.
(3) Where a matter is referred to the Council under clause (2) (b),
(a) the Registrar shall provide to the member against whom the complaint is made any information that is referred to the Council; and
(b) the member shall be given an opportunity to make representations respecting the complaint to the Council in person or in writing. O. Reg. 93/17, s. 4.
(4) Upon receiving a referral under clause (2) (b), the Council shall,
(a) dismiss the complaint, if the Council determines that the complaint is frivolous, vexatious or an abuse of process; or
(b) otherwise, refer the matter to the Executive Committee for a hearing. O. Reg. 93/17, s. 4.
(5) Where the Council refers the matter to the Executive Committee under clause (4) (b), the Council shall consider whether it is necessary to immediately suspend the member from his or her office as a member of Council to ensure the integrity of the College and its processes, and if the Council determines that immediate suspension is necessary, it shall,
(a) for an elected member of the Council, suspend the member from the Council until the matter is disposed of by the Council or the Executive Committee; or
(b) for a member who was appointed to the Council, issue a report to the Minister, for referral to the Lieutenant Governor in Council, setting out details of the referral and stating that if the member were an elected member of the Council, the Council would suspend the member from the Council until the matter is disposed of by the Council or the Executive Committee. O. Reg. 93/17, s. 4.
(6) The determinations described in subsections (4) and (5) shall be made at a Council meeting and shall be confirmed by at least two-thirds of the votes cast at the meeting. O. Reg. 93/17, s. 4.
(7) A written record shall be made of the determinations described in subsections (4) and (5), and the reasons for the determinations. O. Reg. 93/17, s. 4.
(8) The Registrar shall give the member a copy of the written record mentioned in subsection (7). O. Reg. 93/17, s. 4.
30. (1) The Executive Committee shall hold a hearing for every complaint referred to it from the Council under clause 29.1 (4) (b). O. Reg. 93/17, s. 5 (1).
(1.1) The Executive Committee shall make all reasonable efforts to hold a hearing within 120 days after the day a complaint is referred to it from the Council under clause 29.1 (4) (b). O. Reg. 93/17, s. 5 (2).
(2) The hearing and any discussions or deliberations related to it shall be closed to the public. O. Reg. 369/07, s. 3.
(3) The person who made the complaint may give evidence and make submissions at the hearing but shall not otherwise be present at the hearing or during any discussions or deliberations related to it. O. Reg. 369/07, s. 3.
(3.1) In a hearing for a complaint referred under clause 29.1 (4) (b), the Registrar shall give evidence and make submissions at the hearing, but shall not otherwise be present at the hearing or during any discussions or deliberations related to it. O. Reg. 93/17, s. 5 (3).
(4) The member against whom the complaint is made may give evidence and make submissions at the hearing and may be present throughout the hearing but shall not be present during any discussions or deliberations related to it. O. Reg. 369/07, s. 3.
31. (1) After considering any evidence given and submissions made at the hearing, the Executive Committee shall, by a majority vote, determine whether the member had a conflict of interest and failed to disclose it, contravened the oath or affirmation, or otherwise acted in a manner incompatible with his or her position as a member of the Council, including in a manner inconsistent with the College’s duty to serve and protect the public interest, as the case may be. O. Reg. 93/17, s. 6 (1).
(2) If the Executive Committee determines that a member had a conflict of interest and failed to disclose it, contravened the oath or affirmation, or otherwise acted in a manner incompatible with his or her position as a member of the Council, including in a manner inconsistent with the College’s duty to serve and protect the public interest, as the case may be, the Executive Committee may,
(a) request the Council to reprimand the member in writing;
(b) for an elected member of the Council, request the Council to,
(i) suspend the member from the Council for a period of at least 30 days but not more than 90 days,
(ii) if the member had been suspended from his or her office under clause 29.1 (5) (a), continue the suspension for a period of at least 30 days but not more than 90 days, or
(iii) disqualify the member from sitting on the Council;
(c) for a member who was appointed to the Council, request the Council to issue a report to the Minister, for referral to the Lieutenant Governor in Council, setting out details of the determination under subsection (1) and specifying what action described in clause (b) it would take if the member were an elected member of the Council; and
(d) for a member of the Public Interest Committee, request the Council to issue a report to the Minister setting out the information described in clause (c). O. Reg. 369/07, s. 3; O. Reg. 93/17, s. 6 (2, 3).
(3) The Registrar shall inform the member of the Executive Committee’s determination under subsection (1) and any request under subsection (2) within 10 days of the determination and request, if any. O. Reg. 369/07, s. 3; S.O. 2009, c. 33, Sched. 13, s. 6.
(4) The Council shall act on the requests, if any, made to it under subsection (2) if the time for submitting a notice of appeal under subsection 32 (1) has passed and no notice is submitted. O. Reg. 369/07, s. 3.
32. (1) A member against whom a determination under subsection 31 (1) or request under subsection 31 (2) is made may, within 10 days after receiving notice of the determination or request, submit a written notice of appeal to the Council. O. Reg. 369/07, s. 3.
(2) The Council shall hold a hearing for every appeal submitted to it under subsection (1) within 30 days of receiving the notice. O. Reg. 369/07, s. 3.
(3) No member of the Council who participated in the decision made by the Executive Committee under subsection 31 (1) or (2) shall participate in or be present for the hearing of the appeal. O. Reg. 369/07, s. 3.
(4) Subsections 30 (2), (3), (3.1) and (4) apply to the hearing of the appeal. O. Reg. 369/07, s. 3; O. Reg. 93/17, s. 7.
(5) After considering any evidence given and submissions made at the hearing before the Executive Committee or at the hearing of the appeal, the findings of the Executive Committee and any other information that the Council finds relevant, the Council shall, by a majority vote,
(a) uphold, vary or rescind the determination under subsection 31 (1); and
(b) determine whether to do any thing requested under subsection 31 (2). O. Reg. 369/07, s. 3.