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ontario regulation 93/17

made under the

Ontario College of Teachers Act, 1996

Made: March 3, 2017
Approved: March 29, 2017
Filed: April 4, 2017
Published on e-Laws: April 4, 2017
Printed in The Ontario Gazette: April 22, 2017

Amending O. Reg. 72/97

(GENERAL)

1. (1) The heading before section 6 of Ontario Regulation 72/97 is struck out and the following substituted:

Disqualification and Suspension of Council Members

(2) Subsection 6 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) The Council shall disqualify an elected member of the Council from sitting on the Council pursuant to section 31 or 32, or if, at any point during the member’s term, the member,

. . . . .

(3) Subsection 6 (1.2) of the Regulation is revoked.

(4) Subsection 6 (3) of the Regulation is revoked and the following substituted:

(3) The Council shall suspend an elected member from his or her office as a member of the Council,

(a) pursuant to clause 29.1 (5) (a) or section 31 or 32; or

(b) if, at any point during the member’s term,

(i) the Investigation Committee refers a complaint about the member to the Discipline Committee or the Fitness to Practise Committee under clause 26 (5) (a) of the Act, or

(ii) the Discipline Committee or the Fitness to Practise Committee is directed under subsection 29 (1) or (2) of the Act to hold a hearing and determine allegations of professional misconduct, incompetence or incapacity on the part of the member.

(3.1) A suspension of a member from his or her office as a member of the Council under subclause (3) (b) (i) or (ii) continues until the matter is disposed of by the Discipline Committee or the Fitness to Practice Committee.

2. The heading before section 28 and section 28 of the Regulation are revoked and the following substituted:

Complaints Against Members of Council and Committees

28. (1) Any person may make 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).

3. A complaint that a member of the Council has or may have acted in a manner incompatible with his or her position as a member of the Council, including in a manner inconsistent with the College’s duty to serve and protect the public interest.

(2) In sections 29 to 32, unless otherwise specified, 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.

(3) This section and sections 29 to 32 apply for the purposes of determining whether the conditions set out in those sections have been met for disqualifying an elected member of Council from sitting on the Council or suspending a person from his or her office as a member of the Council, and set out the rules for the removal of disqualified and suspended members.

3. (1) Subsection 29 (1) of the Regulation is revoked.

(2) Subsection 29 (2) of the Regulation is amended by striking out “The complaint” at the beginning and substituting “A complaint made under subsection 28 (1)”.

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

29.1 (1) The Registrar shall investigate every complaint made under subsection 28 (1).

(2) Following the investigation of a complaint, the Registrar shall,

(a) dismiss the complaint, if the Registrar determines that the complaint is frivolous, vexatious or an abuse of process; or

(b) refer the matter and any relevant information to the Council.

(3) Where a matter is referred to the Council under clause (2) (b),

(a) the Registrar shall provide to the member against whom the complaint is made any information that is referred to the Council; and

(b) the member shall be given an opportunity to make representations respecting the complaint to the Council in person or in writing.

(4) Upon receiving a referral under clause (2) (b), the Council shall,

(a) dismiss the complaint, if the Council determines that the complaint is frivolous, vexatious or an abuse of process; or

(b) otherwise, refer the matter to the Executive Committee for a hearing.

(5) Where the Council refers the matter to the Executive Committee under clause (4) (b), the Council shall consider whether it is necessary to immediately suspend the member from his or her office as a member of Council to ensure the integrity of the College and its processes, and if the Council determines that immediate suspension is necessary, it shall,

(a) for an elected member of the Council, suspend the member from the Council until the matter is disposed of by the Council or the Executive Committee; or

(b) for a member who was appointed to the Council, issue a report to the Minister, for referral to the Lieutenant Governor in Council, setting out details of the referral and stating that if the member were an elected member of the Council, the Council would suspend the member from the Council until the matter is disposed of by the Council or the Executive Committee.

(6) The determinations described in subsections (4) and (5) shall be made at a Council meeting and shall be confirmed by at least two-thirds of the votes cast at the meeting.

(7) A written record shall be made of the determinations described in subsections (4) and (5), and the reasons for the determinations.

(8) The Registrar shall give the member a copy of the written record mentioned in subsection (7).

5. (1) Subsection 30 (1)  of the Regulation is revoked and the following substituted:

(1) The Executive Committee shall hold a hearing for every complaint referred to it from the Council under clause 29.1 (4) (b).

(2) Section 30 of the Regulation is amended by adding the following subsection:

(1.1) The Executive Committee shall make all reasonable efforts to hold a hearing within 120 days after the day a complaint is referred to it from the Council under clause 29.1 (4) (b).

(3) Section 30 of the Regulation is amended by adding the following subsection:

(3.1) In a hearing for a complaint referred under clause 29.1 (4) (b), the Registrar shall 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.

6. (1) Subsection 31 (1) of the Regulation is revoked and the following substituted:

(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, contravened the oath or affirmation, or otherwise acted in a manner incompatible with his or her position as a member of the Council, including in a manner inconsistent with the College’s duty to serve and protect the public interest, as the case may be. 

(2) Subsection 31 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) If the Executive Committee determines that a member had a conflict of interest and failed to disclose it, contravened the oath or affirmation, or otherwise acted in a manner incompatible with his or her position as a member of the Council, including in a manner inconsistent with the College’s duty to serve and protect the public interest, as the case may be, the Executive Committee may,

. . . . .

(3) Clauses 31 (2) (b) and (c) of the Regulation are revoked and the following substituted:

(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,

(ii) if the member had been suspended from his or her office under clause 29.1 (5) (a), continue the suspension for a period of at least 30 days but not more than 90 days, or

(iii) 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 specifying what action described in clause (b) it would take if the member were an elected member of the Council; and

7. Subsection 32 (4) of the Regulation is amended by striking out “(3) and (4)” and substituting “(3), (3.1) and (4)”.

Commencement

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

Made by:
Pris par :

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

Angela de Palma

Chair of Council /
Présidente du conseil

 

 

 

Michael Salvatori

Chief Executive Officer and Registrar /
Chef de la direction et registraire

Date made:March 3, 2017
Pris le : 3 mars 2017

 

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