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Early Childhood Educators Act, 2007

S.O. 2007, CHAPTER 7
Schedule 8

Historical version for the period June 3, 2010 to October 24, 2010.

Last amendment: 2010, c. 10, ss. 29-31.

CONTENTS

PART I
INTERPRETATION

1.

Definitions

2.

Practice of early childhood education

PART II
PROHIBITIONS

3.

Practice

4.

Use of title

5.

Holding out as early childhood educator

PART III
COLLEGE

6.

College established

7.

Duty and objects

8.

Council: Registrar’s role; remuneration

9.

Term of office

10.

Qualifications to vote

11.

Quorum

12.

Vacancies in Council

13.

Meetings open to public

14.

Employees and officers

15.

Annual report

16.

Minister’s powers and duties

17.

Annual meeting of members

18.

Membership in College

19.

Committees of Council

20.

Other committees

21.

Vacancies in committees

22.

Member ceasing to be on committee during hearing

23.

Incapacity of member during hearing

24.

Delegation of Council’s powers

PART IV
REGISTRATION

25.

Issuing or refusing to issue certificate of registration

26.

Disclosure of application file

27.

Notice of proposal to refuse to issue, etc.

28.

Duties of Registration Appeals Committee

29.

Register

30.

Suspension: failure to pay fees, provide information

PART V
COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE

31.

Duties of Complaints Committee

32.

Reference to certain committees; interim suspensions

33.

Discipline Committee

34.

Fitness to Practise Committee

35.

Procedure on hearings

PART VI
REINSTATEMENT AND VARIATION

36.

Reinstatement or variation

37.

Reinstatement: no hearing

PART VII
APPEALS TO COURT

38.

Appeal to court

PART VIII
REGISTRAR’S POWERS OF INVESTIGATION

39.

Registrar’s investigation

40.

Entries and searches

41.

Documents and objects

42.

Report of investigation

PART IX
REGULATIONS AND BY-LAWS

43.

Regulations of College, subject to approval

44.

By-laws

45.

Regulations by L.G. in C.

46.

Regulations and by-laws: general or specific

47.

Copies of regulations, by-laws

PART X
MISCELLANEOUS

48.

Right to use French

49.

Employer reports re: certain offences

50.

Immunity of College

51.

Confidentiality

52.

Guarantee of loans

53.

Service of notice or document

54.

Registrar’s certificate as evidence

55.

Statutory Powers Procedure Act

56.

Compliance order

57.

Offences

58.

Review by Minister

PART XI
TRANSITIONAL PROVISIONS

59.

Definition, transitional period

60.

Appointment of transitional Council

61.

Transitional Registrar

62.

Committees of transitional Council

63.

First election of Council members

64.

Initial certificate

65.

Revoke certificate

66.

Powers of Minister

67.

Initial membership

68.

First annual meeting of members

PART I
INTERPRETATION

Definitions

1. In this Act,

“by-laws” means the by-laws made under this Act; (“règlements administratifs”)

“child” means a person under the age of 18 years; (“enfant”)

“College” means the College of Early Childhood Educators established under section 6; (“Ordre”)

“Council” means the Council of the College established in accordance with section 8; (“conseil”)

“Minister” means the Minister of Children and Youth Services or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“regulations” means the regulations made under this Act. (“règlements”) 2007, c. 7, Sched. 8, s. 1.

Practice of early childhood education

2. The practice of early childhood education is the planning and delivery of inclusive play-based learning and care programs for children in order to promote the well-being and holistic development of children, and includes,

(a) the delivery of programs to pre-school children and school aged children, including children with special needs;

(b) the assessment of the programs and of the progress of children in the programs;

(c) communication with the parents or persons with legal custody of the children in the programs in order to improve the development of the children; and

(d) such other services or activities as may be prescribed by the regulations. 2007, c. 7, Sched. 8, s. 2.

PART II
PROHIBITIONS

Practice

3. (1) No person shall engage in the practice of early childhood education or hold himself or herself out as able to do so unless the person holds a certificate of registration issued under this Act. 2007, c. 7, Sched. 8, s. 3 (1).

Application

(2) Subsection (1) does not apply to any of the following persons who engage in activities that are part of the practice of early childhood education and do not hold a certificate of registration issued under this Act:

1. A person employed as a teacher or teaching assistant in an institution that is a school as defined in subsection 1 (1) of the Education Act.

1.1 A person who, under the authority of a letter of permission, is appointed by a board as defined in subsection 1 (1) of the Education Act to a position designated by the board as requiring an early childhood educator.

2. A person employed in a day nursery under the Day Nurseries Act if that person,

i. works under the supervision or direction of a person who,

A. holds a certificate of registration under this Act, or

B. has been approved by the Director under that Act to work, instead of a person who holds a certificate of registration, as a supervisor of the day nursery or as a person responsible for a group of children in the day nursery, or

ii. is approved by the Director under that Act to work, instead of a person who holds a certificate of registration, as a supervisor of the day nursery or as a person responsible for a group of children in the day nursery.

3. A person who cares for children in a private residence if,

i. the children are of common parentage, within the meaning of the Day Nurseries Act,

ii. the person cares for five children or less, or

iii. the person provides private-home day care services, within the meaning of the Day Nurseries Act, on behalf of a private-home day care agency licensed under the Day Nurseries Act and under the supervision of a private-home day care visitor employed by the agency in accordance with that Act.

4. A person employed as a private-home day care visitor by a private-home day care agency licensed under the Day Nurseries Act if the person meets the requirements for employment as a private-home day care visitor under that Act.

5. A person employed as a resource teacher by a day nursery or private-home day care agency under the Day Nurseries Act if the person is approved by the Director under that Act to work for the day nursery or agency instead of a registered early childhood educator.

6. A person employed in a program that is a children’s recreational program within the meaning of Regulation 262 of the Revised Regulations of Ontario, 1990 (General) made under the Day Nurseries Act.

7. Any other person or class of persons prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 3 (2); 2010, c. 10, s. 29.

Use of title

4. No person except a member of the College shall use the English title “early childhood educator” or “registered early childhood educator” or the French title “éducatrice de la petite enfance”, “éducateur de la petite enfance”, “éducatrice de la petite enfance inscrite” or “éducateur de la petite enfance inscrit” or an abbreviation of any of those titles to describe themselves or their profession. 2007, c. 7, Sched. 8, s. 4.

Holding out as early childhood educator

5. No person except a member of the College shall represent or hold out expressly or by implication that he or she is a member of the College. 2007, c. 7, Sched. 8, s. 5.

PART III
COLLEGE

College established

6. (1) A college is established under the name College of Early Childhood Educators in English and Ordre des éducatrices et des éducateurs de la petite enfance in French. 2007, c. 7, Sched. 8, s. 6 (1).

Body corporate

(2) The College is a body corporate without share capital and with all the powers of a natural person. 2007, c. 7, Sched. 8, s. 6 (2).

Non-application of certain Acts

(3) The Corporations Act and the Corporations Information Act do not apply to the College. 2007, c. 7, Sched. 8, s. 6 (3).

Duty and objects

Duty to protect public interest

7. (1) In carrying out its objects, the College’s primary duty is to serve and protect the public interest. 2007, c. 7, Sched. 8, s. 7 (1).

Objects

(2) The College has the following objects:

1. To regulate the practice of early childhood education and to govern its members.

2. To develop, establish and maintain qualifications for membership in the College.

3. To provide for the ongoing education of members of the College.

4. To issue certificates of registration to members of the College and to renew, amend, suspend, cancel, revoke and reinstate those certificates.

5. To establish an appeal mechanism for registration decisions.

6. To establish and enforce professional standards and ethical standards that are applicable to members of the College and that demonstrate a respect for diversity and a sensitivity to the multicultural character of the Province.

7. To receive and investigate complaints against members of the College and to deal with issues of discipline, professional misconduct, incompetency and incapacity.

8. To promote high standards and quality assurance with respect to early childhood educators and to communicate with the public on behalf of the members.

9. To perform the additional functions prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 7 (2).

Council: Registrar’s role; remuneration

Council

8. (1) The College shall have a Council that shall be its governing body and board of directors and that shall manage and administer its affairs. 2007, c. 7, Sched. 8, s. 8 (1).

Composition of Council

(2) The Council shall be composed of,

(a) 14 early childhood educators who are members of the College and who are elected by the members of the College in accordance with the by-laws to represent such geographic areas of the Province as may be determined by regulation;

(b) 10 persons who are not members of the College and who are appointed by the Lieutenant Governor in Council to represent such sectors of Ontario society as may be prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 8 (2).

Role of Registrar

(3) The Registrar shall serve as secretary to the Council and has all the rights of participation at meetings of the Council that a Council member has, other than the right to vote. 2007, c. 7, Sched. 8, s. 8 (3).

Expenses and remuneration

(4) The Minister shall pay to Council members appointed by the Lieutenant Governor in Council the expenses and remuneration determined by the Lieutenant Governor in Council. 2007, c. 7, Sched. 8, s. 8 (4).

Term of office

9. (1) The term of office of a Council member shall not exceed three years. 2007, c. 7, Sched. 8, s. 9 (1).

Multiple terms

(2) A person may be a Council member for more than one term but no person may be a Council member for more than 10 consecutive years. 2007, c. 7, Sched. 8, s. 9 (2).

Qualifications to vote

10. (1) Subject to the by-laws, every member of the College who is in good standing is entitled to vote at an election of members of the Council. 2007, c. 7, Sched. 8, s. 10 (1).

Member in good standing

(2) A member of the College is in good standing for the purposes of this section if,

(a) the member is not in default of payment of a membership fee prescribed by the by-laws; and

(b) the member’s certificate of registration is not suspended. 2007, c. 7, Sched. 8, s. 10 (2).

Quorum

11. Thirteen members of Council constitute a quorum. 2007, c. 7, Sched. 8, s. 11.

Vacancies in Council

12. If one or more vacancies occur in the membership of the Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by section 11. 2007, c. 7, Sched. 8, s. 12.

Meetings open to public

13. (1) Subject to subsections (2) and (3), the meetings of the Council shall be open to the public and reasonable notice shall be given to the members of the College and to the public. 2007, c. 7, Sched. 8, s. 13 (1).

Exceptions

(2) The Council may exclude the public, including members of the College, from a meeting or any part of a meeting if it is satisfied that,

(a) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the meetings be open to the public;

(b) a person involved in a civil or criminal proceeding may be prejudiced;

(c) the safety of a person may be jeopardized;

(d) personnel matters or property transactions will be discussed; or

(e) litigation affecting the College will be discussed or instructions will be given to or opinions received from solicitors for the College. 2007, c. 7, Sched. 8, s. 13 (2).

Same

(3) The Council may also exclude the public, including members of the College, from a meeting or any part of a meeting in which it will deliberate whether to exclude the public from a meeting or part of a meeting. 2007, c. 7, Sched. 8, s. 13 (3).

Employees and officers

14. (1) The Council may employ the persons it considers advisable and shall have the officers provided for by the by-laws. 2007, c. 7, Sched. 8, s. 14 (1).

Registrar appointed

(2) The Council shall appoint one of its employees as the Registrar. 2007, c. 7, Sched. 8, s. 14 (2).

Deputy registrars

(3) The Council may appoint one or more deputy registrars who shall have the powers of the Registrar as set out in the by-laws. 2007, c. 7, Sched. 8, s. 14 (3).

Chief executive officer

(4) The Registrar shall be the chief executive officer of the College. 2007, c. 7, Sched. 8, s. 14 (4).

Annual report

15. (1) The Council shall report annually to the Minister on the activities and financial affairs of the College. 2007, c. 7, Sched. 8, s. 15 (1).

Same

(2) The report shall include audited financial statements. 2007, c. 7, Sched. 8, s. 15 (2).

Minister’s powers and duties

16. (1) The Minister may,

(a) review the activities of the Council and require the Council to provide reports and information;

(b) require the Council to do anything that the Minister believes is necessary or advisable to carry out the objects of the College;

(c) require the Council to make, amend or revoke a regulation under section 43. 2007, c. 7, Sched. 8, s. 16 (1).

Council to comply

(2) If the Minister requires the Council to do anything under subsection (1), the Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report to the Minister respecting the compliance. 2007, c. 7, Sched. 8, s. 16 (2).

Regulations

(3) If the Minister requires the Council to make, amend or revoke a regulation under clause (1) (c) and the Council does not do so within 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the regulation. 2007, c. 7, Sched. 8, s. 16 (3).

Annual meeting of members

17. The College shall hold an annual meeting of the members of the College not more than 15 months after the holding of the last preceding annual meeting of members. 2007, c. 7, Sched. 8, s. 17.

Membership in College

18. (1) Every person who holds a certificate of registration is a member of the College, subject to any term, condition or limitation to which the certificate is subject. 2007, c. 7, Sched. 8, s. 18 (1).

Resignation of membership

(2) A member of the College may resign his or her membership by filing a resignation in writing with the Registrar and when the member does so, the certificate of registration is cancelled. 2007, c. 7, Sched. 8, s. 18 (2).

Continuing jurisdiction: revocation, cancellation

(3) A person whose certificate of registration is revoked or cancelled or expires continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person held a certificate of registration under this Act. 2007, c. 7, Sched. 8, s. 18 (3).

Committees of Council

19. (1) The Council shall establish the following committees:

1. Executive Committee.

2. Registration Appeals Committee.

3. Complaints Committee.

4. Discipline Committee.

5. Fitness to Practise Committee. 2007, c. 7, Sched. 8, s. 19 (1).

Same

(2) In appointing persons to the committees mentioned in subsection (1), the Council shall ensure that,

(a) each committee has at least one member who is an elected member of the Council referred to in clause 8 (2) (a);

(b) at least one-third of the members of each committee are appointed members of the Council referred to in clause 8 (2) (b);

(c) no person who is a member of the Complaints Committee is also a member of the Discipline Committee or the Fitness to Practise Committee; and

(d) the appointments are made in accordance with the by-laws. 2007, c. 7, Sched. 8, s. 19 (2).

Chair

(3) The Council shall appoint one of the members of each committee referred to in subsection (1) as the Chair of that committee. 2007, c. 7, Sched. 8, s. 19 (3).

Panel appointed

(4) The Chair of a committee may appoint panels from among the committee’s members and authorize them to conduct reviews, to consider and investigate written complaints and to hold hearings. 2007, c. 7, Sched. 8, s. 19 (4).

Same

(5) Each panel appointed under subsection (4) shall be composed of at least three persons and shall include,

(a) at least one elected member of the Council referred to in clause 8 (2) (a); and

(b) at least one appointed member of the Council referred to in clause 8 (2) (b). 2007, c. 7, Sched. 8, s. 19 (5).

Same

(6) A decision of a panel appointed under subsection (4) shall be deemed to be the decision of the committee from which it was appointed. 2007, c. 7, Sched. 8, s. 19 (6).

Other committees

20. The Council may establish other committees that the Council from time to time considers necessary. 2007, c. 7, Sched. 8, s. 20.

Vacancies in committees

21. If one or more vacancies occur in the membership of a committee of the Council, the members remaining on the committee constitute the committee so long as their number is not fewer than the quorum established in the by-laws. 2007, c. 7, Sched. 8, s. 21.

Member ceasing to be on committee during hearing

22. If, after a committee commences a hearing into a matter, a member of the committee ceases to be a member of the committee, the member shall be deemed, for the purposes of dealing with that matter, to remain a member of the committee until the final disposition of the matter. 2007, c. 7, Sched. 8, s. 22.

Incapacity of member during hearing

23. If, after a committee commences a hearing into a matter, a member of the committee becomes incapacitated, the remaining members of the committee may continue to hear the matter and to render a decision with respect to the matter. 2007, c. 7, Sched. 8, s. 23.

Delegation of Council’s powers

24. The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council other than the power to make, amend or revoke a regulation or by-law. 2007, c. 7, Sched. 8, s. 24.

PART IV
REGISTRATION

Issuing or refusing to issue certificate of registration

Approval of application for registration

25. (1) The Registrar shall issue a certificate of registration to an applicant if the applicant,

(a) applies for it in accordance with the regulations and the by-laws;

(b) meets the registration requirements prescribed by regulation; and

(c) pays the fees required under the by-laws. 2007, c. 7, Sched. 8, s. 25 (1).

Grounds for refusal

(2) The Registrar may refuse to issue a certificate of registration if the Registrar has reasonable grounds to believe that,

(a) the past conduct or actions of the applicant afford grounds for belief that the applicant will not perform his or her duties as an early childhood educator, in accordance with the law, including but not limited to this Act, the regulations and the by-laws; or

(b) the applicant does not fulfil the requirements under this Act for the issuance of the certificate. 2007, c. 7, Sched. 8, s. 25 (2).

Same

(3) Except as otherwise directed under this Act, the Registrar shall refuse to issue a certificate of registration to an applicant who previously held such a certificate of registration that was revoked as a result of a decision of the Discipline Committee or the Fitness to Practise Committee and that was not reinstated under section 36 or 37. 2007, c. 7, Sched. 8, s. 25 (3).

Terms, etc.

(4) If the Registrar believes that a certificate of registration should be issued to an applicant with terms, conditions or limitations, the Registrar may impose those terms, conditions or limitations. 2007, c. 7, Sched. 8, s. 25 (4).

Disclosure of application file

26. (1) The Registrar shall give an applicant for a certificate of registration, at the applicant’s request, a copy of each document the College has that is relevant to the application. 2007, c. 7, Sched. 8, s. 26 (1).

Exception

(2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person. 2007, c. 7, Sched. 8, s. 26 (2).

Notice of proposal to refuse to issue, etc.

27. (1) If the Registrar proposes to do one of the following, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant:

1. Refuse to issue a certificate of registration.

2. Impose terms, conditions or limitations to which the applicant has not consented on a certificate of registration to be issued. 2007, c. 7, Sched. 8, s. 27 (1).

Exception

(2) Subsection (1) does not apply if the Registrar refuses to issue a certificate under subsection 25 (3). 2007, c. 7, Sched. 8, s. 27 (2).

Contents of notice

(3) A notice under subsection (1) shall state that the applicant may request a review by the Registration Appeals Committee in accordance with subsection (4). 2007, c. 7, Sched. 8, s. 27 (3).

Request for review

(4) The request for review shall be in writing and shall be served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant. 2007, c. 7, Sched. 8, s. 27 (4).

Submissions

(5) The request for review may be accompanied by written submissions. 2007, c. 7, Sched. 8, s. 27 (5).

Power of Registrar if no request

(6) If an applicant does not request a review in accordance with subsection (4), the Registrar shall carry out the proposal stated in the notice under subsection (1). 2007, c. 7, Sched. 8, s. 27 (6).

Duties of Registration Appeals Committee

28. (1) If an applicant requests a review in accordance with subsection 27 (4), the Registration Appeals Committee shall conduct the review. 2007, c. 7, Sched. 8, s. 28 (1).

Exception

(2) Despite subsection (1), the Committee shall refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process. 2007, c. 7, Sched. 8, s. 28 (2).

Extension of time for requesting review

(3) The Committee may extend the time for requesting a review under subsection 27 (4) if it is satisfied that there are apparent grounds for granting relief on the review and that there are reasonable grounds for applying for the extension. 2007, c. 7, Sched. 8, s. 28 (3).

Examination of documents, submissions

(4) Subject to subsection (5), the Committee shall ensure that the person requesting the review is given an opportunity to examine and make written submissions on any documents that the Committee intends to consider in making its decision on the review. 2007, c. 7, Sched. 8, s. 28 (4).

Exception

(5) The Committee may refuse to give a person an opportunity to examine a document if doing so may, in the Committee’s opinion, jeopardize the safety of any person. 2007, c. 7, Sched. 8, s. 28 (5).

No hearing

(6) Except as provided by section 27 and this section, the Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this part. 2007, c. 7, Sched. 8, s. 28 (6).

Order

(7) After considering the request for review, the submissions and any document that the Committee considers relevant, the Committee may make an order doing one or more of the following:

1. Directing the Registrar to issue the certificate of registration.

2. Directing the Registrar to issue the certificate of registration and to make it subject to specified terms, conditions or limitations.

3. Directing the Registrar to vary specified terms, conditions or limitations in the Registrar’s proposal.

4. Directing the Registrar to refuse to issue a certificate of registration. 2007, c. 7, Sched. 8, s. 28 (7).

Service of decision on parties

(8) The Committee shall give its decision under this section in writing to the Registrar, with reasons, within 60 days after considering the request for review and shall serve the person who requested the review with a copy. 2007, c. 7, Sched. 8, s. 28 (8).

Register

29. (1) The Registrar shall maintain a register. 2007, c. 7, Sched. 8, s. 29 (1).

Contents

(2) Subject to any by-law respecting the removal of information from the register, the register shall contain,

(a) the name of each member of the College and, where applicable, the class of certificate of registration that the member holds;

(b) any terms, conditions and limitations imposed on the member’s certificate of registration;

(c) a notation of every revocation, cancellation and suspension of a member’s certificate of registration;

(d) information that a committee required by subsection 19 (1) or established under section 20 directs shall be included; and

(e) information that the by-laws prescribe as information to be kept in the register. 2007, c. 7, Sched. 8, s. 29 (2).

Inspection

(3) Any person has the right, during normal business hours, to inspect the register. 2007, c. 7, Sched. 8, s. 29 (3).

Copies

(4) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of the register. 2007, c. 7, Sched. 8, s. 29 (4).

Suspension: failure to pay fees, provide information

30. (1) The Registrar may suspend the certificate of registration of a member of the College for,

(a) failure to pay a fee or penalty prescribed by the by-laws; or

(b) failure to provide information required by the by-laws. 2007, c. 7, Sched. 8, s. 30 (1).

Same

(2) The Registrar shall not suspend a member’s certificate of registration without first giving the member two months notice of the default and intention to suspend. 2007, c. 7, Sched. 8, s. 30 (2).

(3) Repealed: 2010, c. 10, s. 30.

PART V
COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE

Duties of Complaints Committee

31. (1) The Complaints Committee shall consider and investigate written complaints regarding the conduct or actions of members of the College. 2007, c. 7, Sched. 8, s. 31 (1).

Same

(2) Despite subsection (1), the Complaints Committee shall refuse to consider and investigate a written complaint if, in its opinion,

(a) the complaint does not relate to professional misconduct, incompetence or incapacity on the part of a member of the College; or

(b) the complaint is frivolous, vexatious or an abuse of process. 2007, c. 7, Sched. 8, s. 31 (2).

Same

(3) No action shall be taken by the Complaints Committee under subsection (5) unless,

(a) a complaint in a form prescribed by the by-laws has been filed with the Registrar;

(b) the member of the College whose conduct or actions are being investigated has been notified of the complaint and given at least 30 days in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the matter; and

(c) the Committee has examined all the information and documents that the College has that are relevant to the complaint. 2007, c. 7, Sched. 8, s. 31 (3).

Same

(4) Notice of a complaint under clause (3) (b) shall include reasonable information about any allegations contained in the complaint. 2007, c. 7, Sched. 8, s. 31 (4).

Same

(5) The Complaints Committee, in accordance with the information it receives, shall,

(a) direct that the matter be referred, in whole or in part, to the Discipline Committee or the Fitness to Practise Committee;

(b) direct that the matter not be referred under clause (a);

(c) require the person complained against to appear before the Complaints Committee to be cautioned;

(d) refer the matter for alternative dispute resolution if the Committee considers it appropriate to do so and the complainant and the member agree, but if alternate dispute resolution fails to resolve the matter, it shall be referred back to the Committee; or

(e) take any action it considers appropriate in the circumstances and that is not inconsistent with this Act, the regulations or the by-laws. 2007, c. 7, Sched. 8, s. 31 (5).

Decision and reasons

(6) The Complaints Committee shall give its decision in writing to the Registrar and, except in the case of a decision made under clause (5) (a), its reasons for the decision. 2007, c. 7, Sched. 8, s. 31 (6).

Notice

(7) The Registrar shall provide the complainant and the person complained against with a copy of the written decision made by the Complaints Committee and its reasons for the decision, if any. 2007, c. 7, Sched. 8, s. 31 (7).

No hearing

(8) Except as provided by this section, the Complaints Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this section. 2007, c. 7, Sched. 8, s. 31 (8).

Timely disposal

(9) The Complaints Committee shall use its best efforts to dispose of a complaint within 120 days of its being filed with the Registrar. 2007, c. 7, Sched. 8, s. 31 (9).

Reference to certain committees; interim suspensions

Reference by Council or Executive Committee

32. (1) The Council or the Executive Committee may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a member of the College. 2007, c. 7, Sched. 8, s. 32 (1).

Same

(2) The Council or the Executive Committee may direct the Fitness to Practise Committee to hold a hearing and determine any allegation of incapacity on the part of a member of the College. 2007, c. 7, Sched. 8, s. 32 (2).

Interim suspension

(3) The Council or the Executive Committee may make an interim order directing the Registrar to suspend the certificate of registration of a member of the College or impose terms, conditions or limitations on a member’s certificate of registration if,

(a) an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Practise Committee; and

(b) the Council or the Executive Committee believes that the actions or conduct of the member directly or indirectly exposes or is likely to expose a child to harm or injury. 2007, c. 7, Sched. 8, s. 32 (3).

Restriction

(4) No order shall be made under subsection (3) unless the member has been given,

(a) notice of the Council’s or the Executive Committee’s intention to make the order; and

(b) at least 14 days to make written submissions to the Council or the Executive Committee. 2007, c. 7, Sched. 8, s. 32 (4).

Same

(5) Clause (4) (b) does not apply if the Council or the Executive Committee believes that the delay would be inappropriate in view of the risk of harm or injury to any child. 2007, c. 7, Sched. 8, s. 32 (5).

No hearing

(6) Except as provided by this section, the Council or the Executive Committee need not hold a hearing or afford any person an opportunity to make oral or written submissions before making a decision or giving a direction under this section. 2007, c. 7, Sched. 8, s. 32 (6).

Procedure following order

(7) If an order is made under subsection (3) in relation to a matter referred to the Discipline Committee or to the Fitness to Practise Committee,

(a) the Council or the Executive Committee shall ensure that the committee proceed with the matter expeditiously; and

(b) the committee shall give precedence to the matter. 2007, c. 7, Sched. 8, s. 32 (7).

Duration of order

(8) An order under subsection (3) continues in force until the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee. 2007, c. 7, Sched. 8, s. 32 (8).

Discipline Committee

33. (1) The Discipline Committee shall,

(a) hear and determine matters directed or referred to it under section 31, 32 or 36; and

(b) perform any other duties assigned to it by the Council. 2007, c. 7, Sched. 8, s. 33 (1).

Professional misconduct

(2) The Discipline Committee may find a member of the College guilty of professional misconduct if, after a hearing, the Committee believes that the member has engaged in conduct that,

(a) contravenes this Act, the regulations or the by-laws;

(b) contravenes an order of the Discipline Committee, the Complaints Committee, the Council or the Registrar; or

(c) is defined as being professional misconduct in the regulations. 2007, c. 7, Sched. 8, s. 33 (2).

Incompetence

(3) The Discipline Committee may, after a hearing, find a member of the College to be incompetent if, in its opinion, the member has displayed in his or her professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of a child of a nature or extent that demonstrates that,

(a) the member is unfit to continue to carry out his or her professional responsibilities; or

(b) the member’s certificate of registration should be made subject to terms, conditions or limitations. 2007, c. 7, Sched. 8, s. 33 (3).

Powers of Discipline Committee

(4) If the Discipline Committee finds a member guilty of professional misconduct or to be incompetent, it shall make an order doing one or more of the following:

1. Directing the Registrar to revoke the member’s certificate of registration.

2. Directing the Registrar to suspend the member’s certificate of registration for a specified period, not exceeding 24 months.

3. Directing the Registrar to impose specified terms, conditions or limitations on the member’s certificate of registration.

4. Directing that the Registrar not carry out a direction made under paragraph 1, 2 or 3 for a specified period and not carry out the direction at all if specified terms are met within that period. 2007, c. 7, Sched. 8, s. 33 (4).

Same

(5) If the Discipline Committee finds a member guilty of professional misconduct, it may, in addition to exercising its powers under subsection (4), make an order doing one or more of the following:

1. Requiring that the member be reprimanded, admonished or counselled by the Committee or its delegate and, if considered warranted, directing that the fact of the reprimand, admonishment or counselling be recorded on the register for a specified or an unlimited period.

2. Imposing a fine in an amount that the Committee considers appropriate, to a maximum of $2,000, to be paid by the member to the Minister of Finance for payment into the Consolidated Revenue Fund.

3. Directing that the finding and the order of the Committee be published, in detail or in summary, with or without the name of the member, in the official publication of the College and in any other manner or medium that the Committee considers appropriate in the particular case.

4. Fixing costs to be paid by the member. 2007, c. 7, Sched. 8, s. 33 (5).

Same

(6) In making an order under paragraph 4 of subsection (4), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the successful completion by the member of specified courses of study. 2007, c. 7, Sched. 8, s. 33 (6).

Same

(7) In making an order revoking or suspending a certificate of registration or imposing terms, conditions or limitations on a certificate of registration, the Committee may fix a period during which the member may not apply under section 36. 2007, c. 7, Sched. 8, s. 33 (7).

Publication on request

(8) The Discipline Committee shall cause a determination by the Committee that an allegation of professional misconduct or incompetence was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made. 2007, c. 7, Sched. 8, s. 33 (8).

Costs

(9) If the Discipline Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member of the College for his or her costs or the portion of them fixed by the Discipline Committee. 2007, c. 7, Sched. 8, s. 33 (9).

Fitness to Practise Committee

34. (1) The Fitness to Practise Committee shall,

(a) hear and determine matters directed or referred to it under section 31, 32 or 36; and

(b) perform any other duties assigned to it by the Council. 2007, c. 7, Sched. 8, s. 34 (1).

Incapacity

(2) The Fitness to Practise Committee may, after a hearing, find a member of the College to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that,

(a) the member is unfit to continue to carry out his or her professional responsibilities; or

(b) the member’s certificate of registration should be made subject to terms, conditions or limitations. 2007, c. 7, Sched. 8, s. 34 (2).

Powers of Fitness to Practise Committee

(3) If the Fitness to Practise Committee finds a member to be incapacitated, it shall make an order doing one or more of the following:

1. Directing the Registrar to revoke the member’s certificate of registration.

2. Directing the Registrar to suspend the member’s certificate of registration for a specified period, not exceeding 24 months.

3. Directing the Registrar to impose specified terms, conditions or limitations on the member’s certificate of registration.

4. Directing that the Registrar not carry out a direction made under paragraph 1, 2 or 3 for a specified period and not carry out the direction at all if specified terms are met within that period. 2007, c. 7, Sched. 8, s. 34 (3).

Same

(4) In making an order under paragraph 4 of subsection (3), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the production to the Committee of evidence satisfactory to it that any physical or mental condition or disorder in respect of which a direction was issued has been resolved. 2007, c. 7, Sched. 8, s. 34 (4).

Same

(5) In making an order revoking or suspending a certificate of registration or imposing terms, conditions or limitations on a certificate of registration, the Committee may fix a period during which the member may not apply under section 36. 2007, c. 7, Sched. 8, s. 34 (5).

Publication on request

(6) The Fitness to Practise Committee shall cause a determination by the Committee that an allegation of incapacity was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made. 2007, c. 7, Sched. 8, s. 34 (6).

Costs

(7) If the Fitness to Practise Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member for his or her costs or the portion of them fixed by the Committee. 2007, c. 7, Sched. 8, s. 34 (7).

Procedure on hearings

35. (1) This section applies to hearings of the Discipline Committee under section 33 and to hearings of the Fitness to Practise Committee under section 34. 2007, c. 7, Sched. 8, s. 35 (1).

Parties

(2) The College and the member of the College whose conduct or actions are being investigated are parties to the hearing. 2007, c. 7, Sched. 8, s. 35 (2).

Examination of documentary evidence

(3) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing. 2007, c. 7, Sched. 8, s. 35 (3).

Members holding hearing not to have taken part in investigation

(4) Members of the Discipline Committee or Fitness to Practise Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject-matter of the hearing, other than as a member of the Council or Executive Committee considering the referral of the matter to the Discipline Committee or Fitness to Practise Committee, and shall not communicate directly or indirectly about the subject-matter of the hearing with any person or with any party or representative of a party except on notice to all parties. 2007, c. 7, Sched. 8, s. 35 (4).

Same

(5) The Discipline Committee or Fitness to Practise Committee may seek independent legal advice from a lawyer other than a lawyer who is acting as legal counsel to one of the parties in the matter before the Committee and, in that case, the Committee shall communicate the nature of the advice to the parties despite subsection (4) so that they may make submissions as to the law. 2007, c. 7, Sched. 8, s. 35 (5).

Discipline Committee hearings to be public

(6) A hearing of the Discipline Committee shall, subject to subsections (7) and (8), be open to the public. 2007, c. 7, Sched. 8, s. 35 (6).

Exceptions

(7) The Discipline Committee may make an order that the public, including members of the College, be excluded from a hearing or any part of a hearing if the Committee is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public;

(c) a person involved in a civil or criminal proceeding may be prejudiced; or

(d) the safety of a person may be jeopardized. 2007, c. 7, Sched. 8, s. 35 (7).

Same

(8) The Discipline Committee may also make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to exclude them from a hearing or a part of a hearing. 2007, c. 7, Sched. 8, s. 35 (8).

Fitness to Practise Committee hearings to be closed

(9) A hearing of the Fitness to Practise Committee shall, subject to subsection (10), be closed to the public, including members of the College. 2007, c. 7, Sched. 8, s. 35 (9).

Open on request of member in some cases

(10) A hearing of the Fitness to Practise Committee shall be open to the public, including members of the College, if the person who is alleged to be incapacitated requests it in a written notice received by the Registrar before the day the hearing commences, unless the Fitness to Practise Committee is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of acceding to the request of the person who is alleged to be incapacitated;

(c) a person involved in a civil or criminal proceeding may be prejudiced; or

(d) the safety of a person may be jeopardized. 2007, c. 7, Sched. 8, s. 35 (10).

Same

(11) The Fitness to Practise Committee may make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to open the hearing or a part of the hearing to the public under subsection (10). 2007, c. 7, Sched. 8, s. 35 (11).

Recording of evidence

(12) The oral evidence taken before the Discipline Committee or Fitness to Practise Committee shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party’s expense. 2007, c. 7, Sched. 8, s. 35 (12).

Only members at hearing to participate in decision

(13) No member of the Discipline Committee or Fitness to Practise Committee shall participate in a decision of the committee following a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties. 2007, c. 7, Sched. 8, s. 35 (13).

Release of documentary evidence

(14) Documents and things put in evidence at a hearing shall, on the request of the party who produced them, be returned by the Discipline Committee or Fitness to Practise Committee within a reasonable time after the matter in issue has been finally determined. 2007, c. 7, Sched. 8, s. 35 (14).

Service of decision, reasons

(15) Subject to subsection (16), the committee shall give its decision in writing with reasons and serve it,

(a) on the parties; and

(b) if the matter was referred to the Discipline Committee as a result of a complaint under subsection 31 (1), on the complainant. 2007, c. 7, Sched. 8, s. 35 (15).

Same

(16) If the hearing was closed, the Discipline Committee or Fitness to Practise Committee may, in its discretion, withhold reasons when it serves its decision on the complainant. 2007, c. 7, Sched. 8, s. 35 (16).

PART VI
REINSTATEMENT AND VARIATION

Reinstatement or variation

Application for reinstatement

36. (1) A person who has had a certificate of registration revoked or suspended as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar to have a new certificate issued or the suspension removed. 2007, c. 7, Sched. 8, s. 36 (1).

Application for variation

(2) A person who has a certificate of registration that is subject to terms, conditions or limitations as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar for the removal or modification of the terms, conditions or limitations. 2007, c. 7, Sched. 8, s. 36 (2).

Time of application

(3) An application under subsection (1) or (2) shall not be made before the expiry of the period fixed for the purpose by the Discipline Committee under subsection 33 (7) or under paragraph 6 of subsection (6), as the case may be. 2007, c. 7, Sched. 8, s. 36 (3).

Same

(4) If the Discipline Committee did not fix a period under subsection 33 (7) or under paragraph 6 of subsection (6), an application under subsection (1) or (2) shall not be made earlier than one year from the date of the order under section 33 or the date of the last order made under this section, as the case may be. 2007, c. 7, Sched. 8, s. 36 (4).

Referral to Discipline Committee

(5) The Registrar shall refer an application under subsection (1) or (2) to the Discipline Committee. 2007, c. 7, Sched. 8, s. 36 (5).

Order

(6) The Discipline Committee may, after a hearing, make an order doing one or more of the following:

1. Refusing the application.

2. Directing the Registrar to issue a certificate of registration to the applicant.

3. Directing the Registrar to remove the suspension of the applicant’s certificate of registration.

4. Directing the Registrar to impose specified terms, conditions and limitations on the applicant’s certificate of registration.

5. Directing the Registrar to remove any term, condition or limitation on the applicant’s certificate of registration.

6. Fixing a period during which the applicant may not apply under this section. 2007, c. 7, Sched. 8, s. 36 (6).

Parties

(7) The College and the applicant are parties to the hearing under this section. 2007, c. 7, Sched. 8, s. 36 (7).

Examination of documentary evidence

(8) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing. 2007, c. 7, Sched. 8, s. 36 (8).

Closed hearings

(9) Hearings of the Discipline Committee under this section shall be closed to the public, including members of the College. 2007, c. 7, Sched. 8, s. 36 (9).

Recording of evidence

(10) If requested by a party, the oral evidence taken before the Discipline Committee under this section shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party’s expense. 2007, c. 7, Sched. 8, s. 36 (10).

Only members at hearing to participate in decision

(11) No member of the Discipline Committee shall participate in a decision of the Committee under this section unless he or she was present throughout the hearing and heard the evidence and the argument of the parties. 2007, c. 7, Sched. 8, s. 36 (11).

Release of documentary evidence

(12) Documents and things put in evidence at a hearing under this section shall, on the request of the party who produced them, be returned by the Discipline Committee within a reasonable time after the matter in issue has been finally determined. 2007, c. 7, Sched. 8, s. 36 (12).

Service of decision on parties

(13) The Discipline Committee shall give its decision under this section in writing, with reasons, and shall serve each party with a copy of the decision. 2007, c. 7, Sched. 8, s. 36 (13).

Fitness to Practise Committee

(14) Subsections (1) to (13) apply with necessary modifications to the Fitness to Practise Committee and, for the purpose,

(a) a reference to the Discipline Committee shall be deemed to be a reference to the Fitness to Practise Committee; and

(b) a reference to subsection 33 (7) shall be deemed to be a reference to subsection 34 (5). 2007, c. 7, Sched. 8, s. 36 (14).

Reinstatement: no hearing

37. The Council or Executive Committee may, without a hearing, with respect to a person who has had a certificate suspended or revoked for any reason under this Act, make an order doing one or more of the following:

1. Directing the Registrar to issue a certificate of registration to the person.

2. Directing the Registrar to remove the suspension of the person’s certificate of registration. 2007, c. 7, Sched. 8, s. 37.

PART VII
APPEALS TO COURT

Appeal to court

38. (1) A party to a proceeding before the Registration Appeals Committee, the Discipline Committee or the Fitness to Practise Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee. 2007, c. 7, Sched. 8, s. 38 (1).

Same

(2) For purposes of this section, a person who requests a review under section 27 is a party to the review by the Registration Appeals Committee. 2007, c. 7, Sched. 8, s. 38 (2).

Certified copy of record

(3) On the request of a party desiring to appeal to the Divisional Court and on payment of the fee prescribed by the by-laws for the purpose, the Registrar shall give the party a certified copy of the record of the proceeding, including any documents received in evidence and the decision or order appealed from. 2007, c. 7, Sched. 8, s. 38 (3).

Powers of court on appeal

(4) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee may take and that the court considers appropriate and, for the purpose, the court may substitute its opinion for that of the committee or the court may refer the matter back to the committee for rehearing, in whole or in part, in accordance with any directions the court considers appropriate. 2007, c. 7, Sched. 8, s. 38 (4).

Effect of appeal

(5) An appeal from a decision or order of a committee mentioned in subsection (1) does not operate as a stay of that decision or order. 2007, c. 7, Sched. 8, s. 38 (5).

PART VIII
REGISTRAR’S POWERS OF INVESTIGATION

Registrar’s investigation

39. (1) If the Registrar believes on reasonable and probable grounds,

(a) that a member of the College has committed an act of professional misconduct or is incompetent or incapacitated;

(b) that there is cause to refuse to issue a certificate applied for under this Act;

(c) that there is cause to suspend or revoke a certificate issued under this Act; or

(d) that there is cause to impose terms, conditions or limitations on a certificate applied for or issued under this Act,

the Registrar may appoint one or more investigators to investigate whether such act has occurred, such incompetence or incapacity exists or there is such cause. 2007, c. 7, Sched. 8, s. 39 (1).

Approval of Executive Committee

(2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee. 2007, c. 7, Sched. 8, s. 39 (2).

Powers of investigator

(3) The investigator may inquire into and examine the conduct or actions of the member to be investigated as the conduct or actions relate to the matter the Registrar sought to be investigated in appointing the investigator. 2007, c. 7, Sched. 8, s. 39 (3).

Same

(4) The investigator has, for the purposes of the investigation, all the powers of a commission under Part II of the Public Inquiries Act. 2007, c. 7, Sched. 8, s. 39 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(4) Section 33 of the Public Inquiries Act, 2009 applies to the investigation. 2009, c. 33, Sched. 6, s. 52.

See: 2009, c. 33, Sched. 6, ss. 52, 92.

Entry on work premises

(5) The investigator may, on production of his or her appointment, enter at any reasonable time the place of work of the member or the premises of the member’s employer and may examine any document, record or thing found there that is relevant to the investigation. 2007, c. 7, Sched. 8, s. 39 (5).

Obstruction of investigator

(6) No person shall obstruct an investigator in the course of his or her duties or withhold or conceal from him or her or destroy anything that is relevant to the investigation. 2007, c. 7, Sched. 8, s. 39 (6).

Entries and searches

40. (1) A justice of the peace may, on the application of an investigator, issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that,

(a) the member being investigated has committed an act of professional misconduct or is incompetent or incapacitated; and

(b) there is something relevant to the investigation at the place. 2007, c. 7, Sched. 8, s. 40 (1).

Searches by day unless stated

(2) A warrant issued under subsection (1) does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant. 2007, c. 7, Sched. 8, s. 40 (2).

Assistance and entry by force

(3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by a peace officer and may enter a place by force. 2007, c. 7, Sched. 8, s. 40 (3).

Investigator to show identification

(4) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification, on request, to any person at the place. 2007, c. 7, Sched. 8, s. 40 (4).

Documents and objects

Copying of documents and objects

41. (1) An investigator may copy, at the College’s expense, a document, record or thing that an investigator may examine under section 39 or under the authority of a warrant issued under section 40. 2007, c. 7, Sched. 8, s. 41 (1).

Removal of documents and objects

(2) An investigator may remove a document, record or thing described in subsection (1) if,

(a) it is not practicable to copy it in the place where it is examined; or

(b) a copy of it is not sufficient for the purposes of the investigation. 2007, c. 7, Sched. 8, s. 41 (2).

Use of devices

(3) In order to examine or produce a document or record in readable form, an investigator may use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place in which he or she is conducting the investigation. 2007, c. 7, Sched. 8, s. 41 (3).

Return of documents and objects or copies

(4) If it is practicable to copy a document, record or thing removed under subsection (2), the investigator shall,

(a) if it was removed under clause (2) (a), return the document, record or thing within a reasonable time; or

(b) if it was removed under clause (2) (b), provide the person who was in possession of the document, record or thing with a copy of it within a reasonable time. 2007, c. 7, Sched. 8, s. 41 (4).

Copy as evidence

(5) A copy of a document, record or thing certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document, record or thing itself. 2007, c. 7, Sched. 8, s. 41 (5).

Report of investigation

42. The Registrar shall report the results of an investigation to one or more of the Executive Committee, the Registration Appeals Committee, the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate. 2007, c. 7, Sched. 8, s. 42.

PART IX
REGULATIONS AND BY-LAWS

Regulations of College, subject to approval

43. (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,

1. respecting the scope of practice of early childhood education and prescribing services and activities that are part of the practice of early childhood education for the purposes of clause 2 (d);

2. designating geographic areas for the purposes of clause 8 (2) (a) and prescribing the number of representatives for each geographic area;

3. prescribing classes of certificates of registration and imposing terms, conditions and limitations on the certificates of registration as a class;

4. respecting applications for certificates of registration or classes of them and the issuing, suspension, revocation, expiration and reinstatement of the certificates or classes of them;

5. prescribing standards, qualifications and other requirements for the issue of certificates of registration, including, without limiting the generality of the foregoing, prescribing the academic qualifications and practical experience that are required for membership and providing for exemptions from the standards, qualifications and requirements;

6. providing that the College or a committee of the College may determine whether certain academic qualifications and practical experiences are equivalent to the prescribed academic qualifications and practical experiences for the purposes of issuing certificates of registration;

7. defining specialties in the profession, providing for certificates relating to those specialities and the qualifications for and suspension and revocation of those certificates and governing the use of prescribed terms, titles or designations by members of the College indicating a specialization in the profession;

8. prescribing ongoing education requirements for members of the College;

9. establishing processes and criteria for suspending certificates of members who fail to meet ongoing education requirements;

10. prescribing what constitutes a conflict of interest in the practice of early childhood education and regulating or prohibiting the practice of early childhood education in cases where there is a conflict of interest;

11. defining professional misconduct for the purposes of clause 33 (2) (c);

12. respecting the promotion or advertising of the practice of the profession;

13. respecting the reporting and publication of decisions of committees;

14. regulating or prohibiting the use of terms, titles and designations by members of the College;

15. respecting the giving of notice of meetings and hearings that are to be open to the public;

16. providing for the exemption of any member or class of members of the College from any of the regulations made under this section;

17. prescribing the requirements, including academic qualifications and practical experience, that are required for the issuance of initial certificates of registration under subsection 64 (1);

18. prescribing anything that is referred to in this Act as being prescribed by the regulations. 2007, c. 7, Sched. 8, s. 43 (1); 2010, c. 10, s. 31.

Examinations permitted

(2) A regulation made under paragraph 5 of subsection (1) may authorize the Registrar to assess the qualifications or competency of potential members by examinations or other means. 2007, c. 7, Sched. 8, s. 43 (2).

By-laws

44. (1) The Council may make by-laws relating to the administrative and domestic affairs of the College, including, but not limited to, by-laws,

1. adopting a seal for the College;

2. providing for the execution of documents by the College;

3. respecting banking and finance;

4. fixing the financial year of the College and providing for the audit of the accounts and transactions of the College;

5. respecting the election of Council members, including the requirements for members of the College to be able to vote, electoral districts and election recounts;

6. respecting the qualification of Council members who are elected;

7. prescribing conditions disqualifying elected members of the Council from sitting on the Council and governing the removal of disqualified Council members;

8. prescribing positions of officers of the College, providing for the election or appointment of officers and prescribing the duties of officers;

9. respecting the calling, holding and conducting of meetings of the Council and the duties of members of the Council;

10. respecting the calling, holding and conducting of meetings of the members of the College;

11. authorizing voting by the members on any of the business of the College and prescribing procedures for such voting;

12. respecting conflict of interest rules for members of the Council, for members of committees and for officers and employees of the College;

13. providing for the remuneration of members of the Council and committees, other than persons appointed by the Lieutenant Governor in Council, and for the payment of the expenses of the Council and committees in the conduct of their business;

14. respecting the filling of vacancies on the Council or on committees;

15. respecting the membership and practices and procedures of the committees required by subsection 19 (1), including,

i. the number of members to be appointed to each committee,

ii. the terms of office of those members,

iii. the conditions disqualifying members of the College from sitting on those committees,

iv. the removal of disqualified committee members, and

v. the quorum of those committees;

16. respecting the membership, powers, duties and practices and procedures of committees other than those required by subsection 19 (1), including,

i. the number of members to be appointed to each committee,

ii. the terms of office of those members,

iii. the conditions disqualifying members of the College from sitting on those committees,

iv. the removal of disqualified committee members, and

v. the quorum for those committees;

17. respecting the composition, practices and procedures of and quorum for panels of committees;

18. delegating to the Executive Committee powers and duties of the Council, other than the power to make, amend or revoke regulations or by-laws;

19. prescribing a code of ethics and standards of practice for members or classes of members of the College;

20. providing for the appointment of investigators;

21. respecting the keeping of a register of members of the College, including, but not limited to, prescribing the information that must be kept in the register and information that may be removed from the register;

22. requiring members of the College to provide the College with information necessary for establishing and maintaining the register and for establishing and maintaining records necessary for the proper functioning of the College;

23. respecting the duties and office of the Registrar and the powers and duties of deputy registrars;

24. prescribing procedures for making, amending and revoking by-laws;

25. prescribing forms and providing for their use;

26. respecting the management of property of the College;

27. respecting membership of the College in an organization or body with similar functions, the payment of annual assessments and representation at meetings;

28. authorizing the making of grants to advance knowledge or the education of persons wishing to practise early childhood education, to maintain or improve the standards of practice of early childhood education or to provide public information about, and encourage interest in, the past and present role of early childhood educators in society;

29. requiring members of the College to pay annual fees, fees upon registration, fees for election recounts and continuing education programs and fees for anything the Registrar or a committee of the College is required or authorized to do with respect to members, requiring members to pay penalties for the late payment of any fee and specifying the amount of any such fee or penalty;

30. requiring persons to pay fees, set by the Registrar or by by-law, for applying for a certificate and anything the Registrar is required or authorized to do with respect to persons who are not members;

31. respecting the designation of life or honorary members of the College and prescribing their rights and privileges;

32. exempting any member or class of members of the College from a by-law made under this section;

33. respecting indemnification by the College of members of the Council, of members of committees and of officers and employees of the College;

34. respecting service of documents and giving of documents. 2007, c. 7, Sched. 8, s. 44 (1).

Meetings by telecommunications, etc.

(2) A by-law made under paragraph 9 or 10 of subsection (1) may provide for the meetings to be held in any manner that allows all the persons participating to communicate with each other simultaneously and instantaneously. 2007, c. 7, Sched. 8, s. 44 (2).

Unanimous by-laws

(3) A by-law or resolution signed by all the members of the Council is as valid and effective as if passed at a meeting of the Council called, constituted and held for the purpose. 2007, c. 7, Sched. 8, s. 44 (3).

Copies of by-laws

(4) The Council shall ensure that a copy of each by-law is given to the Minister. 2007, c. 7, Sched. 8, s. 44 (4).

Regulations by L.G. in C.

45. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing persons or classes of persons for the purposes of paragraph 7 of subsection 3 (2);

(b) prescribing additional functions of the College for the purposes of paragraph 9 of subsection 7 (2);

(c) respecting the appointment of persons to the Council under clause 8 (2) (b) and prescribing the sectors of Ontario society for the purposes of that clause;

(d) providing for any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment of the College or the assumption of powers and duties by the College, including prescribing the day on which the transitional period defined in section 59 ends and providing that the transitional period may end on different days for the purposes of different transitional matters;

(e) providing for any other matters the Lieutenant Governor in Council considers necessary or advisable in connection with the College. 2007, c. 7, Sched. 8, s. 45 (1).

Conflict

(2) In the event of a conflict between a regulation made under clause (1) (d) and this Act, the regulation prevails. 2007, c. 7, Sched. 8, s. 45 (2).

Regulations and by-laws: general or specific

46. (1) A regulation or by-law made under this Act may be general or specific. 2007, c. 7, Sched. 8, s. 46 (1).

Same

(2) Without limiting the generality of subsection (1), a regulation or by-law may be limited in its application to any class of members of the College, certificates or qualifications. 2007, c. 7, Sched. 8, s. 46 (2).

Copies of regulations, by-laws

47. (1) The Council shall ensure that a copy of each regulation and by-law made under this Act is available for public inspection in the office of the College. 2007, c. 7, Sched. 8, s. 47 (1).

Same

(2) The Registrar shall provide to any person on payment of a reasonable charge, a copy of any regulation or by-law made under this Act. 2007, c. 7, Sched. 8, s. 47 (2).

PART X
MISCELLANEOUS

Right to use French

48. (1) A person has the right to use French in all dealings with the College. 2007, c. 7, Sched. 8, s. 48 (1).

Definition

(2) In this section,

“dealings” means any practice or procedure available to the public or to members of the College and includes giving or receiving communications, information or notices, making applications, taking examinations or tests and participating in programs or in hearings or reviews. 2007, c. 7, Sched. 8, s. 48 (2).

Employer reports re: certain offences

49. (1) An employer shall promptly report to the College in writing when the employer becomes aware that a member of the College who is employed by the employer as an early childhood educator,

(a) has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors; or

(b) has been charged with or convicted of an offence under the Criminal Code (Canada) that in the opinion of the employer indicates that a child may be at risk of harm or injury. 2007, c. 7, Sched. 8, s. 49 (1).

Referral to committee

(2) If the College receives a report from an employer under subsection (1), the Council of the College shall immediately refer the matter to the appropriate committee. 2007, c. 7, Sched. 8, s. 49 (2).

Further reports

(3) An employer who makes a report under subsection (1) respecting a charge or conviction shall promptly report to the College in writing if the employer becomes aware that the charge was withdrawn, the member was discharged following a preliminary inquiry, the charge was stayed, or the member was acquitted. 2007, c. 7, Sched. 8, s. 49 (3).

Immunity of College

50. No proceeding for damages shall be instituted against the College, the Council, a committee of the College, a member of the Council or of a committee of the College, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of the duty or power. 2007, c. 7, Sched. 8, s. 50.

Confidentiality

51. (1) Every person engaged in the administration of this Act, including an investigator appointed under section 39, shall preserve secrecy with respect to all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any of those matters to any other person except,

(a) as may be required in connection with the administration of this Act and the regulations and by-laws or any proceeding under this Act or the regulations or by-laws;

(b) to his or her counsel;

(c) with the consent of the person to whom the information relates;

(d) to a peace officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;

(e) to the extent that the information is available to the public under this Act; or

(f) as otherwise required by law. 2007, c. 7, Sched. 8, s. 51 (1).

Definition

(2) In clause (1) (d),

“law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed. 2007, c. 7, Sched. 8, s. 51 (2).

Limitation

(3) No person described in subsection (1) shall disclose, under clause (1) (d), any information with respect to a person other than a member. 2007, c. 7, Sched. 8, s. 51 (3).

No requirement

(4) Nothing in clause (1) (d) shall require a person described in subsection (1) to disclose information to a peace officer unless the information is required to be produced under a warrant. 2007, c. 7, Sched. 8, s. 51 (4).

Persons not compellable

(5) No person to whom subsection (1) applies shall be compelled to give testimony in any civil proceeding, other than a proceeding under this Act or an appeal or a judicial review relating to a proceeding under this Act, with regard to information obtained in the course of his or her duties. 2007, c. 7, Sched. 8, s. 51 (5).

Documents not admissible

(6) No record of a proceeding under this Act and no document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act. 2007, c. 7, Sched. 8, s. 51 (6).

Guarantee of loans

52. (1) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee the repayment of loans made to the College, including interest. 2007, c. 7, Sched. 8, s. 52 (1).

Same

(2) A guarantee given under subsection (1) is subject to any conditions that the Minister of Finance imposes. 2007, c. 7, Sched. 8, s. 52 (2).

Service of notice or document

53. (1) A notice or document to be given or served under this Act is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by mail; or

(c) given or served in accordance with by-laws respecting service. 2007, c. 7, Sched. 8, s. 53 (1).

Same

(2) If a notice or document is sent by mail addressed to a person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing. 2007, c. 7, Sched. 8, s. 53 (2).

Registrar’s certificate as evidence

54. A statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the College, is admissible in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Registrar and without proof of the seal. 2007, c. 7, Sched. 8, s. 54.

Statutory Powers Procedure Act

55. If there is a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail. 2007, c. 7, Sched. 8, s. 55.

Compliance order

56. If it appears to the College that a person does not comply with this Act or the regulations or the by-laws, despite the imposition of a penalty in respect of that non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and the judge may make the order or any other order the judge thinks fit. 2007, c. 7, Sched. 8, s. 56.

Offences

Offence, engaging in practice, use of title, etc.

57. (1) Every person who contravenes subsection 3 (1) or section 4 or 5 is guilty of an offence and on conviction is liable to a fine of not more than $2,000 for a first offence and not more than $5,000 for a subsequent offence. 2007, c. 7, Sched. 8, s. 57 (1).

Offence, obstruct investigator

(2) Every person who contravenes subsection 39 (6) (obstruction of investigator) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2007, c. 7, Sched. 8, s. 57 (2).

Offence, false representation

(3) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate issued under this Act is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2007, c. 7, Sched. 8, s. 57 (3).

Offence, assist in false representation

(4) Every person who knowingly assists a person in committing an offence under subsection (3) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2007, c. 7, Sched. 8, s. 57 (4).

Offence re preserving secrecy

(5) A person who contravenes subsection 51 (1) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2007, c. 7, Sched. 8, s. 57 (5).

Review by Minister

58. (1) The Minister shall conduct a review of this Act within five years after this section comes into force. 2007, c. 7, Sched. 8, s. 58 (1).

Same

(2) The Minister shall,

(a) inform the public when a review under this section begins; and

(b) prepare a written report respecting the review and make that report available to the public. 2007, c. 7, Sched. 8, s. 58 (2).

PART XI
TRANSITIONAL PROVISIONS

Definition, transitional period

59. In this Part,

“transitional period” means the period that begins on the day the transitional Council is appointed under section 60 and ends on the day a Council duly constituted under section 8 holds its first meeting or on such other day as may be prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 59.

Appointment of transitional Council

60. (1) The Minister shall, on the terms determined by the Minister, appoint a transitional Council of the College. 2007, c. 7, Sched. 8, s. 60 (1).

Composition

(2) The transitional Council shall be composed of early childhood educators and such other persons as the Minister considers appropriate. 2007, c. 7, Sched. 8, s. 60 (2).

Term of office

(3) The transitional Council shall hold office until the end of the transitional period. 2007, c. 7, Sched. 8, s. 60 (3).

Powers and duties of transitional Council

(4) The transitional Council may exercise such powers as are necessary for the effective implementation of this Act and, without limiting the generality of the foregoing, may exercise any of the powers that the Council of the College could exercise with respect to the making of regulations or by-laws, as set out in sections 43 and 44. 2007, c. 7, Sched. 8, s. 60 (4).

Continuation of regulations and by-laws

(5) Any regulations or by-laws made by the transitional Council under subsection (4) shall continue to apply after the end of the transitional period until such time as they are amended or revoked by the Council of the College under section 43 or 44, as the case may be. 2007, c. 7, Sched. 8, s. 60 (5).

Transitional Registrar

61. The transitional Council shall appoint a person to act as transitional Registrar for the transitional period and thereafter until the first Council duly constituted under section 8 appoints a Registrar under subsection 14 (2). 2007, c. 7, Sched. 8, s. 61.

Committees of transitional Council

62. The transitional Council may establish any committees that it considers necessary. 2007, c. 7, Sched. 8, s. 62.

First election of Council members

63. (1) Before the end of the transitional period, the transitional Council shall hold an election of the first elected Council members for the purposes of constituting a Council under section 8. 2007, c. 7, Sched. 8, s. 63 (1).

Eligibility to vote

(2) Any person who has been issued an initial certificate of registration under subsection 64 (1) is eligible to vote in an election under subsection (1). 2007, c. 7, Sched. 8, s. 63 (2).

Conduct of first election

(3) An election under subsection (1) shall be conducted in accordance with the by-laws adopted by the transitional Council. 2007, c. 7, Sched. 8, s. 63 (3).

Initial certificate

64. (1) The transitional Registrar appointed by the transitional Council shall, subject to subsection (2), issue an initial certificate of registration to an applicant if,

(a) his or her application and the fees prescribed by the by-laws are received by the College before the end of the transitional period; and

(b) the applicant meets such requirements, including any academic qualifications and practical experience, as may be prescribed by the regulations. 2007, c. 7, Sched. 8, s. 64 (1).

Defer application

(2) The transitional Registrar may defer an application under this section for an initial certificate of registration until a Registrar is appointed under subsection 14 (2) if, based on the past conduct or actions of the applicant, the transitional Registrar has reasonable grounds to believe that the applicant will not perform his or her duties as an early childhood educator, in accordance with the law, including, but not limited to, this Act, the regulations and the by-laws. 2007, c. 7, Sched. 8, s. 64 (2).

Same

(3) Before deferring an application under subsection (2), the transitional Registrar shall give the applicant,

(a) notice of his or her intention to defer the application; and

(b) at least 14 days to make written submissions to the transitional Registrar as to why that action should not be taken. 2007, c. 7, Sched. 8, s. 64 (3).

Same

(4) The transitional Registrar need not hold a hearing or afford any person an opportunity to make oral or written submissions, other than as provided in this section, before deferring an application under this section. 2007, c. 7, Sched. 8, s. 64 (4).

Revoke certificate

65. (1) The transitional Registrar appointed by the transitional Council may revoke an initial certificate of registration issued under subsection 64 (1) if he or she has reasonable grounds to believe that the past conduct or actions of the member in the course of his or her practice directly or indirectly exposes or is likely to expose a child to harm or injury. 2007, c. 7, Sched. 8, s. 65 (1).

Same

(2) Before revoking an initial certificate of registration under subsection (1), the transitional Registrar shall give the member,

(a) notice of his or her intention to revoke the certificate; and

(b) at least 14 days to make written submissions to the transitional Registrar as to why that action should not be taken. 2007, c. 7, Sched. 8, s. 65 (2).

Same

(3) Clause (2) (b) does not apply with respect to the revocation of an initial certificate of registration if the transitional Registrar believes that the delay would be inappropriate in view of the risk of harm or injury to a child. 2007, c. 7, Sched. 8, s. 65 (3).

Same

(4) The transitional Registrar need not hold a hearing or afford any person an opportunity to make oral or written submissions, other than as provided in this section, before revoking an initial certificate of registration under this section. 2007, c. 7, Sched. 8, s. 65 (4).

Powers of Minister

66. (1) The Minister may,

(a) review the transitional Council’s activities and require the transitional Council to provide reports and information;

(b) require the transitional Council to make, amend or revoke a regulation under this Act;

(c) require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act. 2007, c. 7, Sched. 8, s. 66 (1).

Transitional Council to comply with Minister’s request

(2) If the Minister requires the transitional Council to do anything under subsection (1), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report. 2007, c. 7, Sched. 8, s. 66 (2).

Regulations

(3) If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (1) (b) and the transitional Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation. 2007, c. 7, Sched. 8, s. 66 (3).

Same

(4) Subsection (3) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do. 2007, c. 7, Sched. 8, s. 66 (4).

Initial membership

67. Every person who, on the day the transitional period ends, holds an initial certificate of registration issued under subsection 64 (1) shall, on and after that day, be deemed to hold a certificate of registration issued under section 25. 2007, c. 7, Sched. 8, s. 67.

First annual meeting of members

68. The College shall hold the first annual meeting of the members of the College not more than 15 months after the day the transitional period ends. 2007, c. 7, Sched. 8, s. 68.

69. Omitted (amends or repeals other Acts). 2007, c. 7, Sched. 8, s. 69.

70. Omitted (provides for coming into force of provisions of this Act). 2007, c. 7, Sched. 8, s. 70.

71. Omitted (enacts short title of this Act). 2007, c. 7, Sched. 8, s. 71.

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