ontario regulation 50/04

made under the

ontario college of teachers act, 1996

Made: April 11, 2003
Approved: February 4, 2004
Filed: March 5, 2004
Printed in The Ontario Gazette: March 20, 2004

Amending O. Reg. 184/97

(Teachers Qualifications)

1. Section 3 of Ontario Regulation 184/97 is revoked and the following substituted:

3. The Registrar may grant a certificate of qualification to a candidate, in the form provided in the by-laws of the College and indicating the areas of concentration the candidate has successfully completed, if,

(a) the dean of a college or faculty of education or the director of a school of education in Ontario reports to the Registrar that the candidate,

(i) has complied with section 2,

(ii) holds an acceptable university degree or qualifications the College considers equivalent thereto, or technological qualifications, and

(iii) has successfully completed a program of professional education; and

(b) the candidate has passed the qualifying test under section 10.1 of the Education Act, unless the candidate is not required under that Act to pass the test before the certificate may be granted.

2. (1) Subsection 13 (1) of the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) the applicant has passed the qualifying test under section 10.1 of the Education Act, unless the applicant is not required under that Act to pass that test before the certificate may be granted.

(2) Section 13 of the Regulation is amended by adding the following subsection:

(3) Despite subsections (1) and (2), the following rules apply if an interim certificate of qualification referred to in this section was granted after March 14, 2002 and before the day section 13.2 comes into force to an applicant who is required to pass the qualifying test under section 10.1 of the Education Act but has not done so on or before the day section 13.2 comes into force:

1. The certificate shall be deemed, as of the day section 13.2 comes into force, to be an interim certificate of qualification (provisional) referred to in that section, valid for one year from the day the interim certificate of qualification was granted.

2. The interim certificate of qualification (provisional) referred to in paragraph 1 shall be deemed to have been granted on the day the interim certificate of qualification was granted.

3. (1) Subsection 13.1 (1) of the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) the applicant has passed the qualifying test under section 10.1 of the Education Act, unless the applicant is not required under that Act to pass that test before the certificate may be granted.

(2) Subsection 13.1 (4) of the Regulation is amended by striking out “interim certificate of qualification (limited)” in the portion before clause (a) and substituting “interim certificate of qualification (limited) granted under subsection (1)”.

(3) Section 13.1 of the Regulation is amended by adding the following subsection:

(7) Despite subsections (1) to (6), the following rules apply if an interim certificate of qualification (limited) referred to in this section was granted after March 14, 2002 and before the day section 13.3 comes into force to an applicant who is required to pass the qualifying test under section 10.1 of the Education Act but has not done so on or before the day section 13.3 comes into force:

1. The certificate shall be deemed, as of the day section 13.3 comes into force, to be an interim certificate of qualification (limited, provisional) referred to in  that section, valid for one year from the day the interim certificate of qualification (limited) was granted.

2. The interim certificate of qualification (limited, provisional) referred to in paragraph 1 shall be deemed to have been granted on the day the interim certificate of qualification (limited) was granted.

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

13.2 (1) The Registrar may grant an interim certificate of qualification (provisional), valid for one year, to an applicant who is required to pass the qualifying test under section 10.1 of the Education Act but has not done so, if the Registrar is satisfied that the applicant has satisfied the requirements of clauses 13 (1) (a) to (c).

(2) An interim certificate of qualification referred to in section 13 may be granted to the holder of an interim certificate of qualification (provisional) referred to in subsection (1) if the holder passes the qualifying test under section 10.1 of the Education Act,

(a) within the one-year period after the date the interim certificate of qualification (provisional) was granted; or

(b) within the one-year period referred to in subsection 13 (3), in the case of a certificate that is deemed under that subsection to be an interim certificate of qualification (provisional).

(3) An interim certificate of qualification referred to in subsection (2) is valid for a period of six years from the date that the interim certificate of qualification (provisional) referred to in that subsection was granted or is deemed to have been granted.

13.3 (1) The Registrar may grant an interim certificate of qualification (limited, provisional), valid for one year to an applicant who is required to pass the qualifying test under section 10.1 of the Education Act but has not done so, if the Registrar is satisfied that the applicant has satisfied the requirements of clauses 13.1 (1) (a) to (c).

(2) An interim certificate of qualification (limited) referred to in section 13.1 may be granted to the holder of an interim certificate of qualification (limited, provisional) referred to in subsection (1) if the holder passes the qualifying test under section 10.1 of the Education Act,

(a) within the one-year period after the date the interim certificate of qualification (limited, provisional) was granted; or

(b) within the one-year period referred to in subsection 13.1 (7), in the case of a certificate that is deemed under that subsection to be an interim certificate of qualification (limited, provisional).

(3) An interim certificate of qualification (limited) referred to in subsection (2) is valid for three years from the date the interim certificate of qualification (limited, provisional) referred to in that subsection was granted or is deemed to have been granted.

(4) The Registrar may impose any conditions on an interim certificate of qualification (limited, provisional) that the Registrar may  impose on an interim certificate of qualification (limited) under subsection (2) of section 13.1.

. . . . .

18.1 If an interim certificate of qualification (provisional) referred to in subsection 13 (3) or section 13.2 or an interim certificate of qualification (limited, provisional) referred to in subsection 13.1 (7) or section 13.3 expires without the holder qualifying for an interim certificate of qualification or an interim certificate of qualification (limited), the holder of the certificate is not eligible for another interim certificate of qualification (provisional) or interim certificate of qualification (limited, provisional).

The Council of the Ontario College of Teachers:

Larry M. Capstick

Chair

W. Douglas Wilson

Registrar

Dated on: April 11, 2003.