ontario regulation 130/05

made under the

ontario college of teachers act, 1996

Made: February 11, 2005
Approved: March 23, 2005
Filed: March 24, 2005
Printed in The Ontario Gazette: April 9, 2005

Amending O. Reg. 184/97

(Teachers Qualifications)

1. Section 2.1 of Ontario Regulation 184/97 is amended by adding “of any kind or class provided for in this Regulation” after “certificate of qualification” in the portion before paragraph 1.

2. Section 3.1 of the Regulation is amended by adding “of any kind or class provided for in this Regulation” after “certificate of qualification” in the portion before clause (a).

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

3.2 (1) The Registrar may grant a certificate of qualification (provisional) to a candidate 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 has complied with section 2;

(b) the Registrar is satisfied that the candidate holds an acceptable post-secondary degree or qualifications the College considers equivalent thereto, or technological qualifications; and

(c) the Registrar is satisfied that the candidate has successfully completed a program of professional education.

(2) A certificate of qualification (provisional) granted under this section shall be in the form provided for in the by-laws and shall be valid for one year from the date of issue.

(3) The Registrar may extend, for an additional term of one year, the period of validity of a person’s certificate of qualification (provisional) that has expired or is about to expire if,

(a) the person is a member in good standing of the College; and

(b) the Registrar is satisfied that the person has taken reasonable steps during the initial term of the certificate to pass the qualifying test under section 10.1 of the Education Act.

3.3 Where the Registrar is satisfied that a person passed the qualifying test under section 10.1 of the Education Act while the person held a valid certificate of qualification (provisional) granted under section 3.2, the Registrar may grant to the person a certificate of qualification in the form provided for in the by-laws, indicating the areas of concentration successfully completed.

4. Subsection 11 (2) of the Regulation is amended by striking out the portion following clause (b) and substituting the following:

the Registrar may grant to the candidate a certificate of qualification under section 3 or, if the candidate is required to pass the qualifying test under section 10.1 of the Education Act, a certificate of qualification (provisional) under section 3.2.

5. (1) Section 13.2 of the Regulation is amended by adding the following subsections:

(1.1) Subject to subsection (1.2), an interim certificate of qualification (provisional) that a person holds or is deemed to hold on March 24, 2005 shall, despite any other provision in this Regulation, be valid until the first anniversary of that date.

(1.2) The Registrar may extend, for an additional term of one year, the period of validity of a person’s interim certificate of qualification (provisional) that has expired or is about to expire if,

(a) the person is a member in good standing of the College; and

(b) the Registrar is satisfied that the person has taken reasonable steps during the initial term of the certificate to pass the qualifying test under section 10.1 of the Education Act.

(2) Clauses 13.2 (2) (a) and (b) of the Regulation are revoked and the following substituted:

(a) within the initial term of the interim certificate of qualification (provisional); or

(b) in the case of a certificate that has been extended under subsection (1.2), within the one-year extended term.

(3) Subsection 13.2 (3) of the Regulation is amended by adding “Subject to subsection (4)” at the beginning.

(4) Section 13.2 of the Regulation is amended by adding the following subsection:

(4) An interim certificate of qualification that is granted under subsection (2) on or after March 24, 2005 is valid for a period of six years that begins on the later of,

(a) March 24, 2005; and

(b) the day the interim certificate of qualification (provisional) referred to in subsection (2) was granted.

6. (1) Section 13.3 of the Regulation is amended by adding the following subsections:

(1.1) Subject to subsection (1.2), an interim certificate of qualification (limited, provisional) that a person holds or is deemed to hold on March 24, 2005 shall, despite any other provision in this Regulation, be valid until the first anniversary of that date.

(1.2) The Registrar may extend, for an additional term of one year, the period of validity of a person’s interim certificate of qualification (limited, provisional) that has expired or is about to expire if,

(a) the person is a member in good standing of the College; and

(b) the Registrar is satisfied that the person has taken reasonable steps during the initial term of the certificate to pass the qualifying test under section 10.1 of the Education Act.

(2) Clauses 13.3 (2) (a) and (b) of the Regulation are revoked and the following substituted:

(a) within the initial term of the interim certificate of qualification (limited, provisional); or

(b) in the case of a certificate that has been extended under subsection (1.2), within the one-year extended term.

(3) Subsection 13.3 (3) of the Regulation is amended by adding “Subject to subsection (3.1)” at the beginning.

(4) Section 13.3 of the Regulation is amended by adding the following subsection:

(3.1) An interim certificate of qualification (limited) that is granted under subsection (2) on or after March 24, 2005 is valid for a period of three years that begins on the later of,

(a) March 24, 2005; and

(b) the day the interim certificate of qualification (limited, provisional) referred to in subsection (2) was granted.

7. Subsection 17 (1) of the Regulation is amended by striking out “10 months” and substituting “one year”.

8. Clause 18 (1) (a) of the Regulation is amended by striking out “10 months” and substituting “one year”.

9. Section 18.1 of the Regulation is revoked.

10. Subsection 28 (4) of the Regulation is amended by striking out “10 months” and substituting “one year”.

11. Clause 31 (a) of the Regulation is amended by,

(a) adding “a certificate of qualification (provisional)” after “a certificate of qualification”; and

(b) adding “an interim certificate of qualification (provisional) after “an interim certificate of qualification”.

12. Clause 32 (1) (a) of the Regulation is amended by striking out “or an interim certificate of qualification” and substituting “a certificate of qualification (provisional), an interim certificate of qualification or an interim certificate of qualification (provisional)”.

13. Clause 33 (a) of the Regulation is amended by striking out “or an interim certificate of qualification” and substituting “a certificate of qualification (provisional), an interim certificate of qualification or an interim certificate of qualification (provisional)”.

14. Clause 34 (a) of the Regulation is amended by striking out “or an interim certificate of qualification” and substituting “a certificate of qualification (provisional), an interim certificate of qualification or an interim certificate of qualification (provisional)”.

15. Clause 35 (a) of the Regulation is amended by striking out “or an interim certificate of qualification” and substituting “a certificate of qualification (provisional), an interim certificate of qualification or an interim certificate of qualification (provisional)”.

16. Clause 36 (a) of the Regulation is amended by striking out “or an interim certificate of qualification” and substituting “a certificate of qualification (provisional), an interim certificate of qualification or an interim certificate of qualification (provisional)”.

17. (1) Clause 40 (1) (a) of the Regulation is amended by striking out “or an interim certificate of qualification” and substituting “a certificate of qualification (provisional), an interim certificate of qualification or an interim certificate of qualification (provisional)”.

(2) Clause 40 (4) (a) of the Regulation is amended by striking out “or an interim certificate of qualification” and substituting “a certificate of qualification (provisional), an interim certificate of qualification or an interim certificate of qualification (provisional)”.

18. Subclause 53 (1) (b) (i) of the Regulation is amended by,

(a) adding “a certificate of qualification (provisional)” after “a certificate of qualification”; and

(b) adding “an interim certificate of qualification (provisional), an interim certificate of qualification (limited, provisional)” after “an interim certificate of qualification”.

19. The Regulation is amended by adding the following Part:

PART VIII
review

61. (1) The Council of the College established under section 4 of the Act shall commence a review of the following certificates within six months of the first anniversary of March 24, 2005:

1. The certificate of qualification (provisional) set out in section 3.2.

2. The interim certificate of qualification (provisional) set out in section 13.2.

3. The interim certificate of qualification (limited, provisional) set out in section 13.3.

(2) In conducting the review, the Council may examine any aspect of the certificates that it considers appropriate.

(3) Within six months of the commencement of the review, the Council shall report its findings, in writing, to the Minister and shall, in its report, make any recommendations regarding the certificates that it considers appropriate.

Made by:

Council of the Ontario College of Teachers:

Marilyn A. Laframboise

Chair of Council

W. Douglas Wilson

Registrar and Chief Executive Officer

Date made: February 11, 2005.