O. Reg. 72/97: GENERAL

under Ontario College of Teachers Act, 1996, S.O. 1996, c. 12

Versions

	revoked or spent August 6, 2021
	April 4, 2017 – August 5, 2021
	December 15, 2009 – April 3, 2017
	July 23, 2007 – December 14, 2009
	June 12, 2006 – July 22, 2007
	October 15, 2001 – June 11, 2006
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Ontario College of Teachers Act, 1996

ONTARIO REGULATION 72/97

Amended to O. Reg. 392/01

GENERAL

Historical version for the period October 15, 2001 to June 11, 2006.

This is the English version of a bilingual regulation.

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).

(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).

(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).

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.

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).

Quorum at Council Meetings

5. Sixteen members of the Council, at least four 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. 72/97, s. 5.

Disqualification of Council Members

6. (1) The Council shall disqualify an elected member of the Council from sitting on the Council if 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;

(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; or

(g) fails or ceases to meet the criteria set out in the regulations for eligibility to be nominated for the position for which the member was elected, as those regulations read on the day the member was declared elected. O. Reg. 72/97, s. 6 (1).

(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) An elected member of the Council who is the subject of a proceeding before the Discipline Committee or the Fitness to Practise Committee as a result of a referral under section 26 or 29 of the Act is suspended from his or her office as member of the Council pending the outcome of the proceeding. O. Reg. 72/97, s. 6 (3).

(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).

Vacancies on Council

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).

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

(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.

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).

(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).

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.

Statutory Committees

13. In sections 14 to 18,

“statutory committee” means,

(a) the Executive Committee,

(b) the Investigation 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).

(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).

(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;

(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

(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).

Executive Committee

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).

Roster of Eligible Panelists

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.

Investigation Committee

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.

Discipline Committee

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.

Fitness to Practise Committee

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.

(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.

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 under section 5 of the Ministry of Colleges and Universities Act.

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. 72/97: GENERAL

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