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ontario regulation 369/07

made under the

ontario college of teachers act, 1996

Made: April 12, 2007
Approved: May 2, 2007
Filed: July 23, 2007
Published on e-Laws: July 24, 2007
Printed in The Ontario Gazette: August 11, 2007

Amending O. Reg. 72/97

(General)

1. Section 6 of Ontario Regulation 72/97 is amended by adding the following subsection:

(1.2) The Council shall disqualify an elected member of the Council from sitting on the Council or suspend the member from his or her office as member of the Council if, at any point during the member’s term,

(a) the Executive Committee requests the Council under clause 31 (2) (b) to disqualify or suspend the member and no notice of appeal is submitted under subsection 32 (1) within the time specified in that subsection; or

(b) if a notice of appeal is submitted under subsection 32 (1), the Council determines, after holding a hearing for the appeal, to disqualify or suspend the member under clause 32 (5) (b).

2. The Regulation is amended by adding the following sections:

Public Interest Committee

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.

(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.

(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.

(4) The notice referred to in subsection (3) shall be in writing and shall specify the time, place and proposed agenda of the meeting.

(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.

(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.

(7) A quorum of the Public Interest Committee is three.

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.

(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.

(3) The Public Interest Committee shall include in its work plan a schedule for completing the proposed projects and activities.

(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.

(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.

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.

(2) Requests for information shall be made to the Registrar.

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.

(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.

3. The Regulation is amended by adding the following sections:

Conflict of Interest

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).

(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.

(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.

(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.

(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.

(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.

(7) The Registrar shall keep a record of all disclosures made under subsection (5).

Complaints Against Members

28. (1) Sections 29 to 31 set out the process for making and determining 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).

(2) In sections 29 to 31, 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.

29. (1) Any person may make a complaint described in subsection 28 (1).

(2) The complaint 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.

(3) The Registrar shall provide a copy of the complaint to the member against whom the complaint is made.

30. (1) The Executive Committee shall hold a hearing for every complaint made under section 29.

(2) The hearing and any discussions or deliberations related to it shall be closed to the public.

(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.

(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.

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, or contravened the oath or affirmation, as the case may be.

(2) If the Executive Committee determines that a member had a conflict of interest and failed to disclose it, or contravened the oath or affirmation, 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, or

(ii) 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 stating that if the member were an elected member of the Council, the Council would,

(i) suspend the member from the Council for a period of at least 30 days but not more than 90 days, or

(ii) disqualify the member from sitting on 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).

(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.

(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.

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.

(2) The Council shall hold a hearing for every appeal submitted to it under subsection (1) within 30 days of receiving the notice.

(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.

(4) Subsections 30 (2), (3) and (4) apply to the hearing of the appeal.

(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).

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Council of the Ontario College of Teachers:
Conseil de l’Ordre des enseignantes et des enseignants de l’Ontario :

Don Cattani

Chair

Brian. P. McGowan

Registrar and Chief Executive Officer

Date made: April 12, 2007.
Pris le : 12 avril 2007.

 

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