Protecting Students Act, 2014 Sandals, Hon. Liz Minister of Education — Bill 103 (40th Parliament, 2nd Session)

Bill 103, 40-2

Ontario — Bills

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Bill 103, Protecting Students Act, 2014

Sandals, Hon. Liz Minister of Education

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[40] Bill 103 Original (PDF)

Bill 103 2013

Act to amend the Ontario College of Teachers Act, 1996 with respect to

discipline and other related matters

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) Section

1 of the Ontario College of Teachers Act, 1996 is

amended by adding the following

definitions:

"disciplinary

stage complaint resolution process" means a process provided for in

section

30.1 that includes mediation, conciliation, negotiation, or any other means of

facilitating the resolution of issues in dispute; ("processus de règlement des

plaintes à l'étape disciplinaire")

"investigation stage complaint resolution process" means

a process provided for in

section 26.1 that includes mediation, conciliation,

negotiation, or any other means of facilitating the resolution of issues in

dispute; ("processus de règlement des plaintes à l'étape de l'enquête")

"professional misconduct" means,

(

a) sexual

abuse of a student,

(

b) sexual

misconduct,

(

c) engaging

in prohibited acts involving child pornography, or

(

d) any

other act or conduct prescribed by the regulations; ("faute professionnelle ")

"prohibited act involving child pornography" means any

act prohibited under

section 163.1 of t he Criminal Code (Canada); (" acte interdit

impliquant de la pornographie juvénile")

"sexual misconduct" means inappropriate behaviour or

remarks of a sexual nature by the member that is not sexual abuse of a student,

where,

(

a) one

or more students are exposed to the behaviour or remarks, or the member knows

or ought to know that one or more students are likely to be exposed to the

behaviour or remarks, and

(

b) a

reasonable person would expect the behaviour or remarks to have the effect of,

(

i) causing

distress to a student exposed to the behaviour or remarks,

(ii) being

detrimental to the physical or mental well-being of a student, or

(iii) creating

a negative environment at a school for a student exposed to the behaviour or

remarks. ("inconduite sexuelle")

(2) Section 1 of the Act is amended by

adding the following subsections:

Interpretation,

sexual abuse and sexual misconduct

(2) For the purposes of the

definitions of

"sexual abuse" and "sexual misconduct" in subsection (1), a reference to a

student is a reference to either of the following:

1. A

student who, at the time the behaviour, remarks or conduct occurred or were

made, was enrolled in a school or private school in Ontario, within the meaning

of t he

Education Act and w as under 18 years old

or, in the case of a student who had special needs, was under 22 years old.

2. A

student of any age who, at the time the behaviour, remarks or conduct occurred

or were made, was enrolled in a school or private school in Ontario, within the

meaning of

the Education Act if, at that time,

i. the

member was one of the student's teachers,

ii. the

member was the principal or vice-principal of the school in which the student

was enrolled,

iii. the

member assisted in extracurricular activities, including coaching in a sport,

and the member and the student dealt with each other directly in the course of

the extracurricular activities, or

iv. the

member provided any other school-related service, including a support service

directly to the student.

Same,

spouse

(3) For the purposes of the

definitions of

"sexual abuse" and "sexual misconduct" in subsection (1), a reference to a

student does not include the member's spouse.

Same,

special needs

(4) For the purposes of paragraph

1 of subsection (2), a student had special needs if the member knew or,

exercising reasonable diligence, ought to have known that the student, by

reason of some mental or physical disability, was particularly vulnerable to being

sexually abused or to the effects of sexual misconduct.

Same,

electronic means

(5) For greater certainty, for the purposes

of the

definitions of "sexual abuse" and "sexual misconduct" in subsection (1),

behaviour, remarks and conduct include acts or remarks that are done or made by

electronic means.

Section

9 of the Act is amended by adding the following subsection:

Fluency

(4) The Council shall ensure that either

Section

17 of the Act is amended by adding the following subsections:

Same,

principals and vice-principals

(2.1) The powers and duties of a committee

mentioned in paragraph 2, 3 or 5 of subsection 15 (1) to hear or review a

matter relating to the conduct or actions of a person who, at the time the

conduct or actions occurred, was employed as a principal or vice-principal, may

be exercised by a panel that satisfies the following rules:

1. The

panel must satisfy the rules set out in subsection (2).

2. The

panel must include at least one person who is employed as a principal or a

vice-principal or who was previously employed as a principal or vice-principal

and is still a member of the College.

Same,

complaint resolution processes

(2.2) Subsections (2) and (2.1) apply for

the purposes of sections 26.1 and 30.1 but, for greater certainty, do not apply

if a single member of the Investigation Committee is acting on the Committee's

behalf in accordance with subsection 26.1 (11).

. . . .

Same,

requirements and restrictions

(4.1) The inclusion of any person on a

roster for a committee is subject to any requirements and restrictions that may

be prescribed by the regulations or by-laws.

4. (1) Subsection

23 (2) of the Act is amended by striking out "Subject to any by-law respecting

the removal of information from the register" at the beginning.

(2) Clause 23 (2) (

b) of the Act is

repealed and the following substituted:

(

b) the

terms, conditions and limitations imposed on each certificate of qualification

and registration, including terms, conditions and limitations resulting from a

written undertaking or other agreement between the College and the member;

(3) Subsection 23 (2) of the Act is amended

by adding the following clauses:

(b.1) any

restrictions imposed on a member's eligibility to teach by an order of a court

or other lawful authority, including the name and location of the court or

authority and the date the order was made;

(b.2) a

notation of every matter that has been referred to the Discipline Committee

under

section 26, 29 or 33;

(b.3) any

notice of the day and time of a hearing of the Discipline Committee, together

with a link to the notice as published on the College's website;

(b.4) if

a resolution adopted by the Investigation Committee under

section 26.1 provides

for a notation to be included in the register, a notation of the resolution,

and, if the resolution provides for the resolution, a

summary of the resolution

or a part of the resolution to be published on the College's website, a link to

that publication;

(b.5) a

notation of every decision of the Discipline Committee following a proceeding, together

with a link to the decision as published on the College's website;

(b.6) a

notation of every resolution adopted by the Discipline Committee under

section

30.1, together with a link to the resolution as published on the College's

website;

. . . .

(d.1) information

respecting any current or previous criminal proceedings involving a member that

are relevant to his or her membership, including any undertakings of the member

in relation to the proceeding;

(4) Clause 23 (2) (

e) of the Act is amended

by adding "any other" at the beginning.

(5) Subsection 23 (2.1) of the Act is

repealed and the following substituted:

New

teacher program

(2.1) In the case of a

member who has successfully completed the new teacher induction program under

the Education Act , the Registrar shall, within 60

days of receiving notice that the member has done so, note that information on

the register.

(6) Section 23 of the Act is amended by

adding the following subsections:

Removal

of specified information

(2.2) The Registrar shall remove from the

register,

(

a) any

terms, conditions or limitations imposed on a certificate of qualification and

registration, as referred to in clause (2) (b), that are no longer applicable;

and

(

b) any

restrictions imposed on a member's eligibility to teach, as referred to in

clause (2) (b.1), that are no longer applicable.

Day

and time of hearing

(2.3) The Registrar shall post notice of

the day and time of a hearing of the Discipline Committee on the register in

accordance with clause (2) (b.3), and on the College's website, at the same

time as the parties to the hearing are notified of this information, and may

remove it from the register after the proceeding has concluded.

Same,

by-laws

(2.4) Subject to subsection (2.5), the

Council may not make by-laws authorizing the removal of any information set out

in subsection (2) or (2.1) from the register.

Same

(2.5) The Council may make by-laws

authorizing the removal of information described in clauses (2) (b.2), (b.3), (b.4),

(b.5), (b.6) or (d.1) but only in accordance with the following:

1. Any

notation of a decision or resolution that required a reprimand, an

admonishment, counselling or a fine, and the link to the decision or

resolution, may not be removed until three years after the day the committee

decided the matter, or after more time if ordered by the Discipline Committee

or prescribed by the by-laws.

2. The

information must not relate to a matter that resulted in an order to revoke or

suspend a certificate.

publication of specified information

(2.6) Despite anything in this section, the

register shall not contain any information that violates an order made under

section 32.1 respecting the publication of information.

. . . .

Posting

on website

(5) The Registrar shall post the register

on the College's website.

(1) Section

26 of the Act is amended by adding the following subsections:

Same

(1.1) As soon as reasonably possible after

receiving a complaint, the Registrar shall,

(

a) provide

the complainant with confirmation that the complaint was received; and

(

b) notify

the member that a complaint regarding his or her actions was made and provide

the member with a copy of the complaint or, if the Registrar considers it

appropriate in the circumstances, a

summary of the complaint.

Same

(1.2) In providing notice of a complaint

under clause (1.1) (b), the identity of the individual who made the complaint

shall not be disclosed if the Registrar believes, on reasonable and probable

grounds, that doing so would expose or be likely to expose the complainant or

another person to harm or injury.

Same

(1.3) Despite subsection (1), if the

Registrar refers a complaint to an investigation stage complaint resolution

process in accordance with

section 26.1, the Investigation Committee shall

cease its consideration and investigation of the complaint and this

section

ceases to apply, unless and until the complaint is referred back to the

Committee in accordance with that section.

(2) Clause 26 (2) (

b) of the Act is

repealed and the following substituted:

(

b) the

complaint is frivolous, vexatious, an abuse of process, manifestly without

substance or made for an improper purpose; or

(

c) the

complaint does not warrant further investigation or it is not in the public

interest to investigate the complaint further, and that determination was made

in accordance with the regulations.

(3) Section 26 of the Act is amended by

adding the following subsection:

Same

(2.1) The following rules apply to a

complaint made by a secretary of a school board under

section 277.40 or

277.40.5 of the Education Act :

1. Despite

subsection (1), the

Document details

Collection	Ontario — Bills
Citation	Bill 103, 40-2
Type	bill
Volume / chapter	p40 s2 bill 103 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	87d17dbc7d1019f07e4a0a6f3049e3131dbdcb42

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