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O. Reg. 429/12: REMOVAL OF MEMBERS FROM THE GOVERNING STRUCTURE AND DELEGATION OF AUTHORITY

under Ontario College of Trades and Apprenticeship Act, 2009, S.O. 2009, c. 22

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Versions
current April 8, 2013 (e-Laws currency date)
December 18, 2012 April 7, 2013

Ontario College of Trades and Apprenticeship Act, 2009

ONTARIO REGULATION 429/12

REMOVAL OF MEMBERS FROM THE GOVERNING STRUCTURE AND DELEGATION OF AUTHORITY

Historical version for the period December 18, 2012 to April 7, 2013.

No amendments.

This is the English version of a bilingual regulation.

By-law re removal of member from Board, etc.

1. (1) The Board shall establish a by-law relating to the removal of a member from the Board, a divisional board, a trade board or the roster of adjudicators. O. Reg. 429/12, s. 1 (1).

(2) The by-law shall set out,

(a) the procedure to be followed in removing a member; and

(b) a review procedure for the review of the decision to remove a member. O. Reg. 429/12, s. 1 (2).

(3) The review procedure shall include,

(a) a requirement that the review,

(i) only relate to the issues of whether the reasons for the removal and the procedure followed in removing a member were in compliance with section 2 and the by-law, and

(ii) not include a review of whether the decision of the Board was correct; and

(b) a requirement that the Executive Committee of the Board sign a written attestation that,

(i) the removal process was carried out in accordance with the by-law, and

(ii) the removal was for one or more of the reasons listed in section 2. O. Reg. 429/12, s. 1 (3).

Removal of members

2. The Board may remove a member from the Board, a divisional board, a trade board or the roster of adjudicators for one or more of the following reasons:

1. The member fails, without cause,

i. to attend three consecutive meetings of the Board, a committee of the Board, the divisional board or the trade board, as the case may be, or

ii. to attend a hearing of a review panel of which he or she is a member.

2. The member fails, without cause, to attend at least half of the meetings of the Board, a committee of the Board, the divisional board or the trade board, as the case may be, in a calendar year.

3. The member fails or ceases to meet any requirements set out in the Act, regulations or by-laws, including the code of ethics and standards of practice or conflict of interest rules.

4. The member is no longer an individual from the sector to which their appointment relates.

5. The member is no longer able to represent employees, employers, the public or colleges of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002 to which their appointment relates.

6. The member is found by the Discipline Committee or another authorized regulatory body to be guilty of professional misconduct or incompetence.

7. The member is found by the Fitness to Practise Committee or another authorized regulatory body to be incapacitated. O. Reg. 429/12, s. 2.

Note: On the day section 37 of the Ontario College of Trades and Apprenticeship Act, 2009 comes into force, section 3 comes into force. (See: O. Reg. 429/12, s. 4 (2))

Delegation of authority

3. (1) Subject to subsections (2) and (3), the power of the Registrar under the following sections of Ontario Regulation 321/12 (Classes of Members and Registration) made under the Act are delegated to the Minister:

1. Subsection 6 (3).

2. Subsection 7 (1).

3. Subsection 9 (2). O. Reg. 429/12, s. 3 (1).

(2) The power that is delegated to the Minister under subsection (1) is limited to the following:

1. The power may be exercised solely with respect to trades that require an applicant to have achieved a grade satisfactory to the Registrar on an examination for the trade as a registration requirement for a certificate of qualification for that trade in the journeypersons class.

2. The power being delegated is limited,

i. in the case of subsections 6 (3) and 9 (2) of Ontario Regulation 321/12, to the power of the Registrar to decide whether the proof provided by the applicant is satisfactory in establishing the applicant has qualifications and experience in the trade that are equivalent to the requirements set out in,

A. paragraph 1 of subsection 6 (1) in the case of subsection 6 (3) of that regulation, and

B. paragraph 1 of subsection 9 (1) in the case of subsection 9 (2) of that regulation, and

ii. in the case of subsection 7 (1) of Ontario Regulation 321/12, to the power of the Registrar to decide,

A. whether the proof provided by the applicant is satisfactory in establishing the applicant has qualifications and experience in the trade that are equivalent to the requirements set out in paragraph 1 of subsection 6 (1) of that regulation, and

B. whether the applicant obtained the qualifications and experience in the trade in compliance with any applicable certification legislation in the jurisdiction where they were obtained. O. Reg. 429/12, s. 3 (2).

(3) The power that is delegated to the Minister under subsection (1) is delegated for the one-year period that begins on the day this section comes into force and ends on the first anniversary of that day. O. Reg. 429/12, s. 3 (3).

4. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 429/12, s. 4.