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ontario regulation 54/22

made under the

Ontario College of Teachers Act, 1996

Made: November 19, 2021
Approved: December 9, 2021
Filed: February 7, 2022
Published on e-Laws: February 7, 2022
Printed in The Ontario Gazette: February 26, 2022

Amending O. Reg. 563/21

(GENERAL)

1. Ontario Regulation 563/21 is amended by adding the following sections:

Criminal proceedings, register

41.1 (1) For the purposes of clause 23 (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.  The nature and frequency of the conduct related to the offence.

2.  When the conduct related to the offence occurred.

3.  If any existing conditions referred to in subparagraph 1 v or 2 iii of subsection (1) restrict the member’s practice.

4.  The penalty or sentence imposed in relation to the offence, if the member was found guilty.

5.  The potential for rehabilitation and the likelihood of reoffending.

6.  The member’s conduct since the conduct related to the offence occurred.

7.  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 student.

8.  Any mitigating or aggravating circumstances.

9.  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.

Removal of information

41.2 For the purposes of clause 23 (2.5) (c) of the Act, the Registrar shall remove information referred to in subsection 41.1 (1) of this Regulation 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 factors set out under subsection 41.1 (2).

Commencement

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

Made by:
Pris par :

Transition Supervisory Officer:
Le superviseur de la transition :

Paul Boniferro

Date made: November 19, 2021
Pris le : 19 novembre 2021

 

 

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