Stability and Excellence in Education Act, 2001, S.O. 2001, c. 14 - Bill 80

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 80 and does not form part of the law. Bill 80 has been enacted as Chapter 14 of the Statutes of Ontario, 2001.

Schedule A of the Bill would amend the Education Act. Schedule B of the Bill would amend the Ontario College of Teachers Act, 1996.

Schedule A
Amendments to the Education Act relating to instructional time, co-instructional activities, class size, jeopardy, terms of collective agreements and certain housekeeping matters

The Schedule would amend the Education Act as follows:

1. Section 1 of the Schedule would add section 57.2 to the Act. The new section would replace current section 277.12, and would extend the role of the Education Relations Commission to giving advice respecting when pupils’ successful completion of courses of study is in jeopardy as a result of a strike by or lock-out of any board employees.

2. Section 2 of the Schedule would amend section 170 of the Act to accord with the proposed repeal of subsections 264 (1.2) and (1.3) of the Act and the proposed amendment of section 265 of the Act. See paragraphs 6 and 7 of these Explanatory Notes.

3. Section 3 of the Schedule would amend section 170.1 of the Act to permit boards to pass a resolution specifying that the average size of its secondary school classes, in the aggregate, may exceed 21 pupils by an amount that is equal to or less than one pupil.

4. Section 4 of the Schedule would amend section 170.2.1 of the Act to permit more flexibility in the regulations under that section regarding the kinds of courses and programs that may be counted as instructional time for the purposes of that section.

5. Sections 5 and 6 of the Schedule would amend sections 230 and 230.1 of the Act to accord with the amendments made in section 2 of the Schedule.

6. Section 7 of the Schedule would repeal subsections 264 (1.2) and (1.3) of the Act, which currently makes it a duty of a teacher to participate in co-instructional activities as directed by the principal.

7. Section 8 of the Schedule would amend section 265 of the Act, to remove the duty of the principal to assign duties related to co-instructional activities to teachers.

8. Section 9 of the Schedule would provide for three-year terms for collective agreements between boards and designated bargaining agents for teachers’ bargaining units.

9. Section 10 of the Schedule would repeal section 277.12 of the Act, which would be replaced by the proposed section 57.2 of the Act. See paragraph 1 of these Explanatory Notes.

10. Sections 11 and 12 of the Schedule are housekeeping provisions. They would repeal spent provisions of the Act.

Schedule B
Amendments to the Ontario College of Teachers Act, 1996 relating to Teachers’ Professional Learning Requirements

The Schedule would amend the Ontario College of Teachers Act, 1996 to establish professional learning requirements necessary for members of the Ontario College of Teachers to maintain their certificates of qualification and registration and to require the Ontario College of Teachers to administer and enforce such requirements commencing September 2001.

1. Section 1 of the Schedule would add the definitions of “minimum course criteria”, “professional learning course”, “professional learning requirements” and “provider” to section 1 of the Act.

2. Section 2 of the Schedule would amend paragraph 6 of subsection 3 (1) of the Act to add professional learning required to maintain certificates of qualification and registration to the objects of the College.

3. Section 3 of the Schedule would amend section 23 of the Act to clarify that the register kept by the College containing information on each member that is available to the public would not include information concerning the professional learning courses completed by the member, unless that information forms part of a term, condition or limitation on the member’s certificate of qualification and registration.

4. Section 4 of the Schedule would add a new Part III.I to the Act to set out the new professional learning requirements and how the new requirements would be implemented. Part III.I includes new subsections 24.1 (1) and (2) which would establish a Professional Learning Committee, composed of up to 11 members, up to five of whom may be appointed by the Minister of Education and six of whom are appointed by the Council of the College. Subsection 24.1 (5) would permit the Minister of Education to set a date by which the Council will appoint the first members to the Committee, failing which the Minister would appoint such members. Subsections 24.1 (8) to (13) would set out the duties and powers of the Committee relating to the approved providers and professional learning courses. Under subsection 24.2 (1), persons or entities wishing to request a reconsideration of the Committee’s decision with regard to approval of a provider or course would be able to do so in accordance with the regulations.

The new section 24.3 would provide for transition by authorizing the Minister of Education up to June 30, 2002, or such other date prescribed by the regulations, to also approve providers and professional learning courses. Such approvals would be deemed to be approvals by the Professional Learning Committee. This section would also allow the Minister to authorize the Chair of the Council, in addition to the persons the Minister can already authorize under subsections 2 (4) and (5) of the Education Act, to exercise the powers or perform the duties of the Minister under this section.

The new section 24.4 would provide that the Professional Learning Committee shall not approve a course as a professional learning course unless it meets minimum course criteria established by the regulations. Section 24.4 would also provide that only approved providers can provide professional learning courses.

The new section 24.5 would provide that information on the procedures and criteria for applying for approval and information identifying current approved providers and professional learning courses would be made available to the public by the College (subsections 24.5 (1) and (2)). The College would also be required to keep a record of each professional learning course that each member has successfully completed (subsection 24.5 (3)).

The new section 24.6 would provide that every five years, every member of the Ontario College of Teachers shall successfully complete an approved professional learning course from one of each of seven course categories set out in the regulations (core courses) and seven other approved professional learning courses (elective courses) in order for the member to maintain his or her certificate of qualification and registration.

The new section 24.7 would require the Registrar of the Ontario College of Teachers to provide each member of the College, not later than June 30 of the fifth year in which the member shall successfully complete the required professional learning courses, with a copy of the College’s record of the approved professional learning courses that the member has successfully completed and a notice that identifies the courses that the member shall successfully complete before the end of the five-year
period. Section 24.7 would provide that a member who has an explanation for why he or she is unable to successfully complete the professional learning requirements may ask for a review by the Ontario College of Teacher’s Registration Appeals Committee. A member would also be able to ask for a review if the Registrar does not find the member’s evidence to correct an error in the member’s record satisfactory.

The new section 24.8 would provide for the review referred to in section 24.7. Upon considering the request, the Registration Appeals Committee may impose terms, conditions or limitations on the member’s certificate of qualification and registration and may order that any suspension be postponed for a specified period pending the member fulfilling the professional learning requirements.

The new section 24.9 would provide that where a member fails to comply with the professional learning requirements, the Registrar shall suspend his or her certificate of qualification and registration. If such failure continues for a year, the Registrar would be required to cancel the certificate (section 24.10). The legislation sets out suspension and cancellation procedures including requiring the Registrar to provide the member with a two-month prior notice of an intention to suspend or to cancel and to advise the member of the right to request a review by the Registration Appeals Committee; such reviews would be conducted under section 24.11. If a suspension has occurred, a member is entitled to automatic reinstatement of his or her certificate upon successful completion of the professional learning requirements (subsection 24.9 (9)). A member whose certificate has been cancelled is required to re-apply for registration.

5. Section 5 of the Schedule would amend clause 35 (2) (a) of the Act to provide that a person who requests a review by the Registration Appeals Committee under section 24.8, 24.9 or 24.10 is a party to the review.

6. Sections 6, 7 and 8 of the Schedule would amend the College’s regulation-making authority in paragraphs 9, 10, 11, 12, 13, 14, 19, 24, 25, 26 and 28 of subsection 40 (1) of the Act to exclude the Professional Learning Committee, professional learning courses and professional learning requirements.

7. Section 9 of the Schedule would amend the College’s by-law provisions found in paragraphs 8 and 29 of subsection 41 (1) of the Act to exclude persons appointed by the Minister to the Professional Learning Committee from the College’s authority to make by-laws providing for the remuneration of members of the Council and committees, and to exclude information about professional learning courses that members have not successfully completed from the College’s authority to make by-laws requiring members to provide the College with information about their participation in ongoing education programs.

8. Section 10 of the Schedule would add a new section 42.1 to the Act to provide the Lieutenant Governor in Council with the authority to make regulations respecting the Professional Learning Committee and professional learning requirements and related matters. Section 10 of the Schedule would also add a new section 42.2 to the Act to allow the Minister to make binding policy directives concerning course content and curriculum and require the Professional Learning Committee to comply with the directives.

9. Section 11 of the Schedule would amend the Act by adding a transitional provision, section 64 to the Act, which would identify the first cohort of members who are subject to the professional learning requirements for the first five-year period, which begins September 2001 and ends December 31, 2006. The first five-year period for the remaining members or the second cohort would begin on September 1, 2002 and end on December 31, 2007.

Français

chapter 14

An Act to promote a stable learning environment and support teacher excellence

Assented to June 29, 2001

CONTENTS

1.	Enactment of Schedules
2.	Commencement
3.	Short title
Schedule A Schedule B	Amendments to the Education Act relating to instructional time, co-instructional activities, class size, jeopardy, terms of collective agreements and certain housekeeping matters Amendments to the Ontario College of Teachers Act, 1996 relating to teachers’ professional learning requirements

______________

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

Enactment of Schedules

1. All the Schedules to this Act are hereby enacted.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Schedules

(2) The Schedules to this Act come into force as provided in the commencement section at or near the end of each Schedule.

Different dates for same Schedule

(3) If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

3. The short title of this Act is the Stability and Excellence in Education Act, 2001.

Schedule A
Amendments to the Education Act relating to instructional time, co-instructional activities, class size, JEOPARDY, terms of collective agreements And Certain Housekeeping Matters

1. The Education Act is amended by adding the following section:

Education Relations Commission

Definitions

57.2 (1) In this section,

“lock-out” has the same meaning as in the Labour Relations Act, 1995; (“lock-out”)

“Part X.1 teacher” has the same meaning as in Part X.1; (“enseignant visé par la partie X.1”)

“strike”, in relation to employees who are not Part X.1 teachers, has the same meaning as in the Labour Relations Act, 1995; (“grève”)

“strike”, in relation to Part X.1 teachers, has the meaning set out in clause 277.2 (4) (b). (“grève”)

Education Relations Commission

(2) Despite the repeal of section 59 of the School Boards and Teachers Collective Negotiations Act, the Education Relations Commission is continued for the purposes of advising the Lieutenant Governor in Council when, in the opinion of the Commission, the continuation of a strike by board employees or of a lock-out of board employees will place in jeopardy the successful completion of courses of study by the affected pupils.

2. (1) Subsections 170 (2.1), (2.2), (2.3) and (2.4) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 3, are repealed.

(2) Clause 170 (2.5) (c) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 3, is amended by striking out “of subsection (1), paragraph 7.2 of subsection (1), subsection (2.1) or subsection (2.2)” at the end and substituting “or 7.2 of subsection (1)”.

(3) Subsection 170 (2.8) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 3, is amended by striking out “and subsections (2.1) and (2.2)”.

3. Subsections 170.1 (3) and (4) of the Act, as re-enacted by the Statutes of Ontario, 2000, chapter 11, section 4, are repealed and the following substituted:

Class size, secondary schools

(3) Subject to subsection (4.4), every board shall ensure that the average size of its secondary school classes, in the aggregate, does not exceed 21 pupils.

Exception, board resolution

(4) A board may pass a resolution specifying that the average size of its secondary school classes, in the aggregate, may exceed 21 pupils by an amount that is equal to or less than one pupil.

Same

(4.1) A resolution under subsection (4) shall be passed at a meeting that is open to the public.

Same

(4.2) The Minister may make regulations governing resolutions under subsection (4), including but not limited to regulations,

(a) respecting processes and timing related to the passing of a resolution under subsection (4);

(b) respecting the period of time in respect of which a resolution under subsection (4) may apply;

(c) specifying any matter related to the increase in the maximum average aggregate size of secondary school classes that a resolution under subsection (4) must set out or provide for;

(d) requiring boards to implement provisions contained in a resolution under subsection (4);

(e) requiring boards to make copies of a resolution under subsection (4) available to the public, in the manner specified in the regulation;

(f) requiring boards to provide copies of a resolution under subsection (4) to persons specified in the regulation.

Same

(4.3) A regulation made under subsection (4.2) may be general or specific.

Same

(4.4) A board that has passed a resolution in accordance with subsections (4) and (4.1) and any regulations made under subsection (4.2) shall ensure that the average size of its secondary school classes, in the aggregate, does not exceed the maximum average aggregate class size specified in the resolution.

Exception, permission of Minister

(4.5) The average size of a board’s classes, in the aggregate, may exceed the maximum average class size specified in subsection (1), (2), (3) or (4.4), as the case may be, to the extent that the Minister, at the request of the board, may permit.

Same

(4.6) In giving permission under subsection (4.5), the Minister may impose conditions and the board shall comply with those conditions.

4. (1) Subsections 170.2.1 (1), (2) and (3) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 6, are repealed and the following substituted:

Definitions

(1) In this section,

“classroom teacher” means a teacher who is assigned in a regular timetable to provide instruction in a credit course or credit-equivalent course to pupils and includes a temporary teacher who is assigned in a regular timetable to provide instruction in a credit course or credit-equivalent course to pupils but does not include a principal or vice-principal; (“enseignant chargé de cours”)

“credit course” means a course or program in which a credit or part of a credit may be earned; (“cours donnant droit à des crédits”)

“credit-equivalent course” means a course or program that is prescribed as a credit-equivalent course by the regulations made under this section; (“cours donnant droit à des équivalences en crédits”)

“eligible program” means a credit course, a credit-equivalent course, an equivalent program or a program of special duties; (“programme admissible”)

“equivalent program” means a course or program that is prescribed as an equivalent program by the regulations made under this section; (“programme équivalent”)

“program of special duties” means a program that is prescribed as a program of special duties by the regulations made under this section. (“programme d’affectations spéciales”)

Minimum teaching assignments, secondary school

(2) Every board shall ensure that, in the aggregate, its classroom teachers in secondary schools are assigned to provide instruction to or supervision of pupils or to perform duties in an average of at least 6.67 eligible programs in a day school program during the school year.

Allocation to schools

(3) A board shall allocate to each secondary school a share of the board’s aggregate minimum eligible program obligations for a school year for all its classroom teachers.

(2) Subsection 170.2.1 (7) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 6, is repealed and the following substituted:

Calculation

(7) The calculation required by subsection (2) shall be based on all of the board’s classroom teachers in secondary schools and their assignments to provide instruction or supervision or to perform duties in eligible programs, on a regular timetable, during the school year.

(3) Subsections 170.2.1 (9) and (10) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 6, are repealed and the following substituted:

Regulations

(9) The Lieutenant Governor in Council may make regulations,

(a) prescribing courses or programs, or portions of courses or programs, as credit-equivalent courses for the purposes of this section;

(b) prescribing courses or programs, or portions of courses or programs, as equivalent programs for the purposes of this section;

(d) respecting how to count credit courses for the purposes of this section;

(e) respecting how to count credit-equivalent courses for the purposes of this section;

(f) respecting how to count equivalent programs for the purposes of this section;

(g) authorizing boards, for the purposes of this section, to count equivalent programs differently than as provided under clause (f), subject to such conditions as are set out in the regulations;

(h) respecting how to count programs of special duties for the purposes of this section;

(i) respecting when a classroom teacher is considered to be assigned to provide instruction or supervision or to perform duties in an eligible program for the purposes of this section.

Same

(10) Without limiting the generality of subsection (9), a regulation made under that subsection may, for the purposes of the calculation required by subsection (2),

(a) set maximum average numbers for which specified types of eligible programs may be counted;

(b) set special rules for how to count specified types of eligible programs, including but not limited to rules that provide that specified types of eligible programs shall be excluded from the calculation;

(c) set special rules for how to count eligible programs, or specified types of eligible programs, in specified kinds of circumstances, including but not limited to circumstances relating to,

(i) pupil attendance levels,

(ii) class size,

(iii) patterns of teacher assignments.

(4) Section 170.2.1 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 6, is amended by adding the following subsection:

Interpretation

(17) Nothing in this section or the regulations made under this section shall be construed as a limit on the amount of supervision or instruction in an eligible program to which a board may assign classroom teachers.

5. Clause 230 (b) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 7, is amended by striking out “subsections 170 (2.1) to (2.8)” at the end and substituting “subsections 170 (2.5) to (2.8)”.

6. Paragraph 2 of subsection 230.1 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 7, is amended by striking out “subsections 170 (2.1) to (2.8)” at the end and substituting “subsections 170 (2.5) to (2.8)”.

7. Subsections 264 (1.2) and (1.3) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 17, are repealed.

8. Subsections 265 (2), (3) and (4) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 11, section 18, are repealed and the following substituted:

Co-instructional activities

(2) In addition, it is the duty of a principal, in accordance with the board plan to provide for co-instructional activities under subsection 170 (1), to develop and implement a school plan providing for co-instructional activities.

School council

(3) The principal shall consult the school council at least once in each school year respecting the school plan providing for co-instructional activities.

9. The Act is amended by adding the following section:

Terms of collective agreements

277.11 (1) The first collective agreement between a board and a designated bargaining agent for a teachers’ bargaining unit that is entered into after July 1, 2001 shall provide that the agreement expires on August 31, 2004.

Same

(2) Subsection (1) applies even if the collective agreement would have a term of less than one year as a result.

Same

(3) Every subsequent collective agreement between a board and a designated bargaining agent for a teachers’ bargaining unit shall provide for a term of operation of three years, beginning September 1 of the year in which the previous collective agreement expired.

Same

(4) Despite subsection 58 (2) of the Labour Relations Act, 1995, no agreement may be entered into to continue the operation of a collective agreement between a board and a designated bargaining agent for a teachers’ bargaining unit or of any provisions of such an agreement beyond August 31, 2004 and any renewal provision in a collective agreement that purports to do so shall be deemed to be void.

Same

(5) A collective agreement that does not provide for expiry in accordance with subsection (1) or for a term of operation in accordance with subsection (3) shall be deemed to provide for it.

10. Section 277.12 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 122, is repealed.

11. Subsection 277.13.1 (8) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 122, is repealed.

12. Section 277.21 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 122, is repealed.

Commencement

13. This Schedule comes into force on the later of the day the Stability and Excellence in Education Act, 2001 receives Royal Assent and July 1, 2001.

Schedule B
Amendments to the Ontario College of Teachers Act, 1996 relating to Teachers’ Professional Learning Requirements

1. Section 1 of the Ontario College of Teachers Act, 1996, as amended by the Statutes of Ontario, 1997, chapter 31, section 161, is further amended by adding the following definitions:

“minimum course criteria” means the minimum criteria established by the regulations that a course shall meet in order to be approved as a professional learning course; (“critères minimaux”)

“professional learning course” means a course that is approved under clause 24.1 (8) (b) or 24.3 (1) (b) as a professional learning course; (“cours de perfectionnement professionnel”)

“professional learning requirements” means the professional learning requirements specified in subsection 24.6 (2) that a member shall fulfil in order to maintain his or her certificate of qualification and registration; (“exigences en matière de perfectionnement professionnel”)

“provider” means a person or an entity that is approved under clause 24.1 (8) (a) or 24.3 (1) (a) as a provider of professional learning courses; (“fournisseur”)

2. Paragraph 6 of subsection 3 (1) of the Act is repealed and the following substituted:

6. To provide for the ongoing education of members of the College, including professional learning required to maintain certificates of qualification and registration.

3. (1) Subsection 23 (2) of the Act is amended by striking out “Subject to” at the beginning and substituting “Subject to subsection (2.1) and to”.

(2) Section 23 of the Act is amended by adding the following subsection:

Same

(2.1) The register shall not contain any information concerning the professional learning courses that a member has completed, is undertaking or has yet to complete except where that information is included as part of a term, condition or limitation referred to in clause (2) (b).

4. The Act is amended by adding the following Part:

PART III.1
PROFESSIONAL LEARNING

Professional Learning Committee

24.1 (1) A committee called the Professional Learning Committee is established.

Composition of Professional Learning Committee

(2) The Professional Learning Committee shall be composed of,

(a) not more than five persons who are appointed by the Minister; and

(b) six persons who are appointed by the Council of whom,

(i) two persons shall be persons elected to the Council under clause 4 (2) (a),

(ii) two persons shall be persons appointed to the Council under clause 4 (2) (b), and

(iii) two persons shall be members of the College who are not members of the Council.

Appointments under cl. (2) (a)

(3) The Minister is not required to appoint any persons under clause (2) (a).

Process for appointment under subcl. (2) (b) (iii)

(4) The Council shall establish a process by which members are given an opportunity to advise the Council of their interest in being appointed to the Professional Learning Committee under subclause (2) (b) (iii).

First appointments

(5) With respect to the first appointments to the Professional Learning Committee, the Minister shall set a date by which all appointments to the Committee shall be made and shall notify the Council in writing of that date.

First Council appointments not made

(6) If the Council does not make all of its appointments to the Professional Learning Committee under clause (2) (b) by the date set by the Minister under subsection (5), the Minister and not the Council shall appoint the number of persons not appointed by the Council and subclauses (2) (b) (i) to (iii) do not apply to the Minister’s appointments.

Vacancies

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

Duties of Professional Learning Committee

(8) The Professional Learning Committee shall, for the purposes of professional learning requirements,

(a) approve persons or entities as providers of professional learning courses;

(b) approve courses as professional learning courses;

(d) conduct regular reviews of providers and professional learning courses to ensure that providers and professional learning courses continue to meet the current criteria for approval; and

(e) perform such additional duties as are prescribed by the regulations.

Regulations

(9) Where regulations are made in respect of a duty referred to in subsection (8), the duty is subject to the regulations and the Professional Learning Committee shall perform the duty in accordance with the regulations.

Transitional

(10) Not later than a date set by the Minister, the Professional Learning Committee shall establish the procedure for applying for approval as a provider and for approval for a professional learning course and, not later than the same date, the College shall make the procedures and criteria for approval available to the public by any method it considers appropriate, subject to the regulations.

Powers of Professional Learning Committee

(11) The Professional Learning Committee may establish criteria for approval of persons or entities as providers and criteria for approval of courses as professional learning courses in addition to the minimum course criteria.

Additional powers of
Professional Learning Committee

(12) The Professional Learning Committee may,

(a) establish standards for measuring the outcomes expected of members who take a professional learning course as proposed by the provider applying for approval for that course;

(b) require that an application for approval as a provider or for a professional learning course shall be accompanied by the fee prescribed by the by-laws for the purpose, which fee shall be for recovery of the College’s administrative costs in relation to the application only;

(c) impose terms and conditions on approvals of providers and professional learning courses and establish the period of the approval;

(d) determine the procedure for conducting a review under clause (8) (d);

(e) determine the procedure for withdrawing its approval of a provider or for a professional learning course and may withdraw its approval of a provider or for a professional learning course in accordance with that procedure;

(f) exercise such additional powers as are prescribed by the regulations.

Regulations

(13) Where regulations are made in respect of a power referred to in subsection (11) or (12), the power is subject to the regulations and the Professional Learning Committee shall exercise the power in accordance with the regulations.

Expenses and remuneration

(14) Members of the Professional Learning Committee appointed by the Minister under clause (2) (a) or subsection (6) shall be paid by the Minister such expenses and remuneration as are paid to Council members appointed under clause 4 (2) (b).

Request for reconsideration

24.2 (1) If the Professional Learning Committee does not approve a person or entity as a provider or a course as a professional learning course, the person or entity making the application for approval may, in accordance with the regulations and on payment of the fee prescribed by the by-laws for the purpose, request a reconsideration of the Committee’s decision and the decision shall be reconsidered by the person or body specified in the regulations and in accordance with the procedure set out in the regulations.

Exception

(2) Subsection (1) does not apply to a decision made by the Minister under subsection 24.3 (1) not to approve a person or entity as a provider or a course as a professional learning course.

Transitional

24.3 (1) On or before June 30, 2002 or such other date as is prescribed by the regulations, the Minister may approve, for the purposes of professional learning requirements,

(a) persons or entities as providers of professional learning courses; and

(b) courses as professional learning courses.

Same

(2) The Minister may impose terms and conditions on approvals of providers and professional learning courses and establish the period of the approval.

Same

(3) Any person or entity or course approved by the Minister under subsection (1) shall be deemed to have been approved by the Professional Learning Committee.

Same

(4) Nothing in subsection (1) affects the duty of the Professional Learning Committee to approve persons or entities as providers and courses as professional learning courses under clause 24.1 (8) (a) or (b) or its powers in relation to that duty.

List of providers and
professional learning courses

(5) The Minister shall make available to the public a current list of providers and professional learning courses approved under subsection (1) or shall direct the College to make the list available to the public, and the list shall be made available by any method the Minister considers appropriate.

Withdrawal of approval

(6) The Minister may withdraw his or her approval of a provider or for a professional learning course at any time as the Minister considers necessary.

Delegation of powers and duties

(7) The Minister may, in addition to his or her power under subsections 2 (4) and (5) of the Education Act, in writing authorize the Chair of the Council to exercise any power or perform any duty that is granted to or vested in the Minister under this section.

Limitations

(8) The Minister may in writing limit an authorization to the Chair of the Council made under subsection (7) in such manner as he or she considers advisable.

References to Minister

(9) If the Minister authorizes a person under subsections 2 (4) and (5) of the Education Act or subsection (7) of this section, a reference to the Minister in subsection 24.2 (2), subsection (3) of this section and subsection 24.4 (1) shall be deemed to be a reference to the person so authorized.

Minimum course criteria

24.4 (1) No course shall be approved by the Professional Learning Committee under clause 24.1 (8) (b) or by the Minister under clause 24.3 (1) (b) as a professional learning course unless the course meets the minimum course criteria.

Providers

(2) The only person or entity that may provide professional learning courses is a provider.

Information on application for approval

24.5 (1) Subject to the regulations, the College shall make available to the public by any method it considers appropriate, the current procedure for applying for approval as a provider and for approval for a professional learning course and the criteria for approval.

Information on providers and
professional learning courses

(2) Subject to the regulations, the College shall make available to the public, by any method it considers appropriate, a current list of providers and professional learning courses approved by the Professional Learning Committee approved under clauses 24.1 (8) (a) and (b).

Record of successfully completed courses

(3) The College shall, in respect of each member, keep a record of each core and elective professional learning course that the member has successfully completed and update the record annually.

Disclosure of file

(4) The Registrar shall give a member, at the member’s request, a copy of each document the College has that is relevant to the member’s professional learning status.

Professional learning requirements

24.6 (1) Every member shall fulfil the requirements specified in subsection (2) in order to maintain his or her certificate of qualification and registration.

Same

(2) Every member shall successfully complete, in accordance with this Act and the regulations, every five years,

(a) seven core professional learning courses consisting of one professional learning course from each of the seven categories of professional learning courses established by the regulations; and

(b) seven elective professional learning courses.

Five-year period

(3) Subject to section 63.1 and any regulations under clause 42.1 (1) (s), the five-year period referred to in subsection (2) shall commence on January 1.

Failure to fulfil requirements

(4) If a member does not fulfil the requirements of subsection (2), the Registrar shall, subject to sections 24.7 to 24.11 and the regulations, suspend or cancel his or her certificate of qualification and registration and shall do so in accordance with those sections and the regulations.

Notice of professional learning status

24.7 Not later than June 30 prior to the end of the five-year period by which a member shall successfully complete his or her professional learning courses, the Registrar shall send to the member,

(a) a copy of the record kept by the College under subsection 24.5 (3) of the number and description of the core and elective professional learning courses that the member has successfully completed and shall identify the professional learning courses that the member shall successfully complete before the end of the five-year period in order to maintain his or her certificate of qualification and registration; and

(b) a notice that the member may,

(i) provide evidence satisfactory to the Registrar to correct an error in the record referred to in clause (a), and

(ii) request a review by the Registration Appeals Committee if,

(A) the Registrar does not find the member’s evidence provided under subclause (i) satisfactory, or

(B) the member wishes to provide the Committee with an explanation as to why he or she will not be able to successfully complete the outstanding professional learning courses by the end of the five-year period.

Review under subcl. 24.7 (b) (ii)

24.8 (1) For the purposes of subclause 24.7 (b) (ii), a member may request a review by the Registration Appeals Committee in accordance with subsection (2).

Request for review

(2) The request for review must be,

(a) in writing;

(b) served on the Registrar not later than October 31; and

Submissions

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

Review by Registration Appeals Committee

(4) Where a member requests a review in accordance with subsection (2), the Registration Appeals Committee shall conduct the review.

Exception

(5) Despite subsection (4), 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

(6) The Registration Appeals Committee may extend the time for requesting a review under subsection (2) where it is satisfied that there are apparent grounds for granting relief and that there are reasonable grounds for applying for the extension.

Same

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

Same

(8) Directions may be given under subsection (7) to the member, to the Registrar or to both, either before or after the Registration Appeals Committee conducts the review.

Same

(9) Directions that may be given to the Registrar under subsection (7) include but are not limited to directions to impose specified terms, conditions or limitations on the member’s certificate of qualification and registration.

Examination of documents, submissions

(10) 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

(11) 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

(12) 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 impose specified terms, conditions or limitations on the member’s certificate of qualification and registration subject to removal of such terms, conditions or limitations upon evidence satisfactory to the Registrar that such terms or conditions have been met or that such limitations are no longer necessary.

2. Directing the Registrar that the issuance of any notice of intention to suspend or cancel or the suspension or cancellation of the member’s certificate of qualification and registration be postponed for a specified period and such notices not be issued or such actions not be taken if, upon evidence satisfactory to the Registrar, the specified terms or conditions are met within that period.

Exception

(13) In making an order under subsection (12), the Registration Appeals Committee may not reduce the number or change the type of professional learning courses required in respect of the five-year period in question.

Order to return fee

(14) The Registration Appeals Committee may order that the fee paid under clause (2) (c) 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

(15) 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.

Suspension of certificate

24.9 (1) The Registrar shall, subject to this section, section 24.11 and the regulations, suspend a member’s certificate of qualification and registration if the member fails to fulfil the professional learning requirements, and shall do so in accordance with this section, section 24.11 and the regulations.

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 member’s failure to fulfil the professional learning requirements and of the Registrar’s intention to suspend.

Contents of notice of intention to suspend

(3) A notice under subsection (2) shall state that,

(a) before the expiration of the two months stated in the notice, the member may provide the Registrar with evidence that the member has successfully completed the outstanding professional learning courses specified in the notice, and that the Registrar shall withdraw the notice of intention to suspend if the Registrar is satisfied with such evidence; or

(b) the member may request a review by the Registration Appeals Committee in accordance with subsection (5).

Withdrawal of notice of intention to suspend

(4) The Registrar shall withdraw the notice of intention to suspend if the Registrar is satisfied that the evidence referred to in clause (3) (a) verifies that the member successfully completed the outstanding professional learning courses specified in the notice before the expiration of the two months stated in the notice.

Request for review

(5) The request for review must be,

(a) in writing;

(b) served on the Registrar within 60 days after the notice under subsection (3) is served on the member; and

Submissions

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

Suspension where no evidence or review

(7) The Registrar shall suspend a member’s certificate of qualification and registration where the member,

(a) does not provide the Registrar with evidence referred to in clause (3) (a) satisfactory to the Registrar that the member successfully completed the outstanding professional learning courses specified in the notice before the expiration of the two months stated in the notice; or

(b) does not request a review by the Registration Appeals Committee in accordance with subsection (5) before the expiration of the 60 days referred to in clause (5) (b).

Notice of suspension

(8) The Registrar shall give a member written notice of suspension where the member’s certificate of qualification and registration is suspended under subsection (7), paragraph 3 of subsection 24.11 (6) or paragraph 4 of subsection 24.11 (9).

Re-instatement

(9) A person whose certificate of qualification and registration was suspended by the Registrar under subsection (7), paragraph 3 of subsection 24.11 (6) or paragraph 4 of subsection 24.11 (9) is entitled to have the suspension removed upon receipt by the Registrar, prior to the cancellation of the certificate, of evidence satisfactory to the Registrar that the member has successfully completed the outstanding professional learning courses specified in the notice referred to in clause (3) (a).

Application to five-year period

(10) The outstanding professional learning courses referred to in clause (3) (a) and subsection (9) that are successfully completed by a member may not be applied towards the member’s next five-year period.

Application of s. 34

(11) Section 34 does not apply to a suspension under this Part.

Cancellation of certificate

24.10 (1) If a member’s certificate of qualification and registration has been suspended under section 24.9, paragraph 3 of subsection 24.11 (6) or paragraph 4 of subsection 24.11 (9), and the suspension has not been removed, the Registrar shall, subject to this section, section 24.11 and the regulations, cancel the member’s certificate of qualification and registration 10 months after the date of the suspension and shall do so in accordance with this section, section 24.11 and the regulations.

Same

(2) The Registrar shall not cancel a member’s certificate of qualification and registration without first giving the member two-months notice of the member’s failure to fulfil the professional learning requirements and of the Registrar’s intention to cancel.

Contents of notice of intention to cancel

(3) A notice under subsection (2) shall state that,

(a) before the expiration of the two months stated in the notice, the member may provide the Registrar with evidence that the member has successfully completed the outstanding professional learning courses specified in the notice, and that the Registrar shall withdraw the notice of intention to cancel if the Registrar is satisfied with such evidence; or

(b) the member may request a review by the Registration Appeals Committee in accordance with subsection (5).

Withdrawal of notice of intention to cancel

(4) The Registrar shall withdraw the notice of intention to cancel if the Registrar is satisfied that the evidence referred to in clause (3) (a) verifies that the member successfully completed the outstanding professional learning courses specified in the notice before the expiration of the two months stated in the notice.

Request for review

(5) The request for review must be,

(a) in writing;

(b) served on the Registrar within 60 days after the notice under subsection (3) is served on the member; and

Submissions

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

Cancellation where
no evidence or review

(7) The Registrar shall cancel a member’s certificate of qualification and registration where the member,

(b) does not request a review by the Registration Appeals Committee in accordance with subsection (5) before the expiration of the 60 days referred to in clause (5) (b).

Notice of cancellation

(8) The Registrar shall give a member written notice of cancellation where the member’s certificate of qualification and registration is cancelled under subsection (7), paragraph 3 of subsection 24.11 (6) or paragraph 4 of subsection 24.11 (9).

Application for new certificate

(9) If a member’s certificate of qualification and registration is cancelled under subsection (7), paragraph 3 of subsection 24.11 (6) or paragraph 4 of subsection 24.11 (9), the member may apply for the certificate as set out in subsection 18 (1).

Application to five-year period

(10) The outstanding professional learning courses referred to in clause (3) (a) that are successfully completed by a member may not be applied towards the member’s next five-year period.

Review by Registration Appeals Committee

24.11 (1) Where a member requests a review in accordance with subsection 24.9 (5) or 24.10 (5), 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 24.9 (5) or 24.10 (5) 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 Registration Appeals Committee may give the directions that it considers appropriate consequent on the extension.

Same

(5) Directions may be given under subsection (4) to the member, to the Registrar or to both, either before or after the Registration Appeals 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. Continue or reinstate the member’s certificate of qualification and registration pending the Registration Appeals Committee’s review under subsection (9).

2. Impose specified terms, conditions or limitations on the member’s certificate of qualification and registration.

3. Suspend or cancel the member’s certificate of qualification and registration.

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 24.9, 24.10 or 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 remove a suspension or cancellation and reinstate the member’s certificate of qualification and registration.

2. Directing the Registrar to remove a suspension or cancellation and reinstate the member’s certificate of qualification and registration upon the member providing the Registrar with specified information.

3. Directing the Registrar to impose specified terms, conditions or limitations on the member’s certificate of qualification and registration subject to removal of such terms, conditions or limitations upon evidence satisfactory to the Registrar that such terms, conditions or limitations have been met.

4. Directing the Registrar to suspend or cancel the member’s certificate of qualification and registration.

Exception

(10) In making a direction under subsection (6) or an order under subsection (9), the Registration Appeals Committee may not reduce the number or change the type of professional learning courses required in respect of the five-year period in question.

Order to return fee

(11) The Registration Appeals Committee may order that the fee paid under subsection 24.9 (5) or 24.10 (5) 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

(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.

5. Clause 35 (2) (a) of the Act is repealed and the following substituted:

(a) a person who requests a review under section 21, 24.8, 24.9 or 24.10 is a party to the review under section 21, 24.8, 24.9 or 24.10, respectively, by the Registration Appeals Committee; and

. . . . .

6. Paragraphs 9, 10, 11, 12 and 13 of subsection 40 (1) of the Act are repealed and the following substituted:

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

10. governing the filling of vacancies on the committees required by this Act, other than the Professional Learning Committee;

11. prescribing terms of office of members of committees required by this Act, other than the Professional Learning Committee;

12. respecting practice and procedure of committees required by this Act, other than the Professional Learning Committee;

13. prescribing the quorums of the committees required by this Act, other than the Professional Learning Committee;

7. (1) In this section,

(a) a reference to Bill 57 is a reference to a Bill entitled An Act to promote government efficiency and to improve services to taxpayers by amending or repealing certain Acts, which received first reading on May 17, 2001; and

(b) a reference to a provision in Bill 57 is a reference to that provision as it was numbered in the first reading version of the Bill.

(2) Subsections (3) and (4) apply if this section comes into force before Bill 57 receives Royal Assent.

(3) Paragraph 14 of subsection 40 (1) of the Act is repealed and the following substituted:

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

(4) If Bill 57 receives Royal Assent, immediately on that Royal Assent being received,

(a) paragraph 14 of subsection 40 (1) of the Act, as re-enacted by subsection (3) of this section, is repealed;

(b) paragraph 14 of subsection 40 (1) of the Act, as re-enacted by section 1 of Schedule E to Bill 57, is repealed, never having had any effect; and

14. governing the establishment, powers and duties of panels of a committee required by this Act, other than the Professional Learning Committee;

(5) If Bill 57 receives Royal Assent before this section comes into force, immediately on the coming into force of this section,

(a) paragraph 14 of subsection 40 (1) of the Act, as re-enacted by section 1 of Schedule E to Bill 57, is repealed; and

(b) subsection 40 (1) of the Act is amended by adding the following paragraph:

14. governing the establishment, powers and duties of panels of a committee required by this Act, other than the Professional Learning Committee;

8. Paragraphs 19, 24, 25, 26 and 28 of subsection 40 (1) of the Act are repealed and the following substituted:

19. respecting accreditation of teacher education programs offered by post-secondary educational institutions and ongoing education programs for teachers offered by post-secondary educational institutions and other bodies but not respecting approval of professional learning courses;

. . . . .

24. prescribing ongoing education requirements for members, other than professional learning requirements;

25. establishing processes and criteria for suspending certificates of members who fail to meet ongoing education requirements, other than professional learning requirements;

26. establishing processes and criteria for removing the suspension of certificates where the suspension was as a result of failure to meet ongoing education requirements, other than professional learning requirements;

. . . . .

28. respecting any matter ancillary to this Act with respect to the issuance, expiry, renewal, amendment, suspension, cancellation, revocation and reinstatement of certificates issued under this Act but not with respect to such matters concerning certificates in relation to professional learning requirements;

9. (1) Paragraph 8 of subsection 41 (1) of the Act is amended by striking out “Lieutenant Governor in Council” and substituting “Lieutenant Governor in Council or the Minister”.

(2) Paragraph 29 of subsection 41 (1) of the Act is repealed and the following substituted:

29. requiring members to provide the College with information about their participation in ongoing education programs, other than information about professional learning courses that members have not successfully completed;

10. The Act is amended by adding the following sections:

Regulations made by Lieutenant Governor in Council
re: professional learning

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

(a) governing the filling of vacancies on the Professional Learning Committee;

(b) prescribing terms of office of members of the Professional Learning Committee;

(d) prescribing the quorum of the Professional Learning Committee;

(e) prescribing additional duties of the Professional Learning Committee;

(f) prescribing additional powers of the Professional Learning Committee;

(g) respecting the persons or entities that may apply to be approved by the Professional Learning Committee as providers;

(h) respecting the approval of persons or entities as providers and for courses as professional learning courses under clauses 24.1 (8) (a) and (b), including the processes, procedures and criteria governing such approval;

(i) respecting reviews of providers and professional learning courses by the Professional Learning Committee under clause 24.1 (8) (d);

(j) respecting methods for making the procedures, criteria and lists referred to in subsection 24.1 (10) and subsections 24.5 (1) and (2) available to the public;

(k) establishing standards, or requiring the Professional Learning Committee to establish standards, for measuring the outcomes expected of members who take a professional learning course as proposed by the provider applying for approval for that course for the purposes of clause 24.1 (12) (a);

(l) respecting the withdrawal of approval of a provider or for a professional learning course by the Professional Learning Committee for the purposes of clause 24.1 (12) (e);

(m) respecting a reconsideration of a decision of the Professional Learning Committee under subsection 24.2 (1) and specifying the person or body that shall reconsider the decision;

(n) prescribing a date for the purposes of subsection 24.3 (1);

(o) respecting the minimum criteria that a course shall meet in order to be approved as a professional learning course;

(p) prescribing members who or certificates of qualification and registration that are exempted from the application of subsection 24.6 (1);

(q) establishing the seven categories of professional learning courses for the purposes of clause 24.6 (2) (a);

(r) respecting any matter ancillary to this Act with respect to the renewal, amendment, suspension, cancellation, revocation and reinstatement of certificates of qualification and registration issued under this Act in relation to professional learning requirements;

(s) providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment of the Professional Learning Committee and the implementation of professional learning requirements, including when the five-year period begins and ends for members if not provided for in section 63.1;

(t) respecting the Professional Learning Committee and professional learning requirements not otherwise provided for in clauses (a) to (s).

Filling of vacancies

(2) The regulations under clause (1) (a) must set out procedures for filling vacancies on the Professional Learning Committee and must require that each procedure for filling a vacancy begin within 10 days of the vacancy arising.

Reconsideration

(3) The regulations under clause (1) (l) must provide for an opportunity for reconsideration of the decision to withdraw before the Professional Learning Committee can withdraw its approval.

Policy directives

42.2 The Minister may make policy directives with respect to matters relating to professional learning course content and curriculum and require the Professional Learning Committee to comply with the directives.

11. The Act is amended by adding the following section:

Transition:
first five-year period for first cohort

63.1 (1) The first five-year period referred to in subsection 24.6 (2) begins on September 1, 2001 and ends on December 31, 2006 for the following members:

1. Members who are selected under subsection (2).

2. Members who hold a new certificate of qualification and registration issued under this Act and are teaching in a classroom in Ontario for the first time with that certificate as of the school year starting September 2001.

3. Members from out-of-province who hold an interim certificate of qualification and are teaching in a classroom in Ontario for the first time with that certificate as of the school year starting September 2001.

Statistical random selection

(2) Before September 1, 2001, the College shall select by statistical random selection 40,000 members from its members who are teaching in a classroom in Ontario.

Notice of selection

(3) The College shall without delay notify in writing every member who has been selected under subsection (2).

First five-year period for second cohort

(4) The first five-year period referred to in subsection 24.6 (2) begins on September 1, 2002 and ends on December 31, 2007 for all members not mentioned in subsection (1) who are members on January 1, 2003.

Application

(5) This section applies despite any other provision of this Act or the regulations.

Commencement

12. This Schedule comes into force on the day the Stability and Excellence in Education Act, 2001 receives Royal Assent.

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Stability and Excellence in Education Act, 2001, S.O. 2001, c. 14 - Bill 80

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