O. Reg. 55/22: INFORMATION PRESCRIBED UNDER CLAUSE 29 (2) (D.1) OF THE ACT

Français

ontario regulation 55/22

made under the

Early Childhood Educators Act, 2007

Made: November 17, 2021
Approved: December 9, 2021
Filed: February 7, 2022
Published on e-Laws: February 7, 2022
Printed in The Ontario Gazette: February 26, 2022

Information Prescribed under Clause 29 (2) (d.1) of the Act

Criminal proceedings, register

1. (1) For the purposes of clause 29 (2) (d.1) of the Act, the following information shall be contained in the register in respect of a member if the information is known to the College and the Registrar determines, in accordance with subsection (2), that the information is relevant to the member’s membership:

1.  Subject to subsection (3), if there has been a finding of guilt against the member under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or similar legislation in another jurisdiction,

i.  a brief summary of the finding,

ii.  a brief summary of the sentence,

iii.  if the finding is under appeal, a notation that it is under appeal until the appeal is finally disposed of,

iv.  if the finding is appealed and disposed of, a notation that the appeal has been disposed of, and

v.  any currently existing conditions of release subsequent to the finding of guilt or pending an appeal, or any variations to those conditions.

2.  If the member has been charged with an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or similar legislation in another jurisdiction and the charge is outstanding,

i.  the fact and content of the charge,

ii.  the date and place of the charge, and

iii.  any currently existing conditions of release following the charge or any variations to those conditions.

(2) The Registrar may consider the following factors when determining if information referred to in subsection (1) in respect of a member who has been charged with or found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or similar legislation in another jurisdiction is relevant to the member’s membership:

1.  Whether including the information on the register is necessary to serve and protect the public interest.

2.  Whether the conduct that led to the charge occurred in the course of the member’s practice.

3.  Whether the conduct relates to a ground of professional misconduct under the Act.

4.  Whether the conduct that led to the charge relates to the member’s suitability to practise, particularly with respect to being in a position of trust or authority in relation to a child.

5.  Any additional relevant factors, as determined by the Registrar.

(3) The information referred to in paragraph 1 of subsection (1) shall not be contained in the register in respect of a member if it is known to the College that,

(a)  the Parole Board of Canada has ordered a record suspension in respect of the conviction;

(b)  a pardon in respect of the conviction has been obtained; or

(c)  the conviction has been overturned on appeal.

(4) Nothing in this section shall be interpreted as authorizing the disclosure of identifying information about an individual other than a member.

(5) In this section,

“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.

Prescribed information to be removed

2. For the purposes of clause 29 (2.2) (c) of the Act, the Registrar shall remove information referred to in subsection 1 (1) from the register if the information is no longer applicable or relevant to the member’s membership, as determined by the Registrar in consideration of the factor set out in paragraph 1 of subsection 1 (2).

Commencement

3. This Regulation comes into force on the later of January 1, 2022 and the day it is filed.

Made by:
Pris par :

Council of the College of Early Childhood Educators:
Le Conseil de l’Ordre des éducatrices et des éducateurs de la petite enfance :

Kristine Parsons

Council Chair/Présidente du conseil

 

 

 

Laura Urso

Council Vice-Chair/Vice- présidente

Date made: November 17, 2021
Pris le : 17 novembre 2021

 

Français