Protecting Students Act, 2016 Hunter, Hon. Mitzie Minister of Education — Bill 200 (41st Parliament, 1st Session)

Bill 200, 41-1

Ontario — Bills

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Bill 200, Protecting Students Act, 2016

Hunter, Hon. Mitzie Minister of Education

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[41] Bill 200 Original (PDF)

Bill 200 2016

Act to amend the Early Childhood Educators Act, 2007 and the Ontario College of

Teachers Act, 1996

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1. This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

Same

(2) The Schedules to this Act come into

force as provided in each Schedule.

Same

(3) If a

Schedule to this Act provides that

any provisions are to come into force on a day to be named by proclamation of

the Lieutenant Governor, a proclamation may apply to one or more of those

provisions, and proclamations may be issued at different times with respect to

any of those provisions.

Short

title

3. The

short title of this Act is the Protecting Students Act,

2016 .

Schedule

Early Childhood Educators Act, 2007

1. Subsections

25 (4) and (5) of the Early Childhood Educators Act, 2007

are repealed and the following substituted:

Terms,

etc., on consent

(4) If the Registrar is of the

opinion that a certificate of registration should be issued to an applicant

with terms, conditions or limitations imposed, and the applicant consents to

the imposition, the Registrar may do so.

Same

(5) Limitations that may be

imposed on consent under subsection (4) include the fixing of a period of not

longer than one year during which the applicant may not apply under

section

28.1.

Section

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

Same

(7) Where the Registrar imposes terms,

conditions or limitations on the applicant's certificate of registration under

subsection (6), the Registrar may fix a period of not longer than one year

during which the applicant may not apply under

section 28.1.

Section

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

Same

(7.1) Where the Registration Appeals

Committee makes an order under paragraph 2 or 3 of subsection (7), the

Committee may fix a period of not longer than one year during which the person

who requested the review may not apply under

section 28.1.

4. The

Act is amended by adding the following section:

Variation

of registration conditions

28.1

(1) A

member may apply to the Registration Appeals Committee for an order directing

the Registrar to remove or modify any term, condition or limitation imposed on

the member's certificate of registration by the Registrar or the Registration

Appeals Committee.

Same

(2) The

application must be,

(

a) made

in writing; and

(

b) accompanied

by the fee prescribed for the purpose by the by-laws.

Limitations

(3) The

right to apply under subsection (1) is subject to,

(

a) any

limitation imposed by the Registrar or the Registration Appeals Committee under

section 25, 27 or 28; and

(

b) any

limitation imposed under subsection (8) in the disposition of a previous

application under this section.

Submissions

(4) The

application may be accompanied by written submissions.

Examination

of documents, submissions

(5) The Registration Appeals Committee

shall ensure that the applicant 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 application.

hearing

(6) Except

as provided by this section, the Registration Appeals 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.

Orders

(7) After

considering the application, the submissions and any document that the

Committee considers relevant, the Registration Appeals Committee may make an

order doing one or more of the following:

1. Refusing

the application.

2. Directing

the Registrar to remove any term, condition or limitation imposed on the

certificate of registration.

3. Directing

the Registrar to impose specified terms, conditions or limitations on the

certificate of registration.

Limitations

on application

(8) The

Registration Appeals Committee, in disposing of an application under this

section, may fix a period of not longer than six months during which the

applicant may not apply under subsection (1).

Order

to return fee

(9) The

Registration Appeals Committee may order that the fee paid under subsection

(2) be returned to the applicant where, in the opinion of the Committee, to do so

would be appropriate in all the circumstances.

Service

of decision on applicant

(10) The

Registration Appeals Committee shall give its decision under this

section in

writing, with reasons, and shall serve the applicant with a copy.

5. (1) Clause

29 (2) (b.3) of the Act is repealed and the following substituted:

(b.3) for

every hearing of the Discipline Committee, a notice of hearing and a notice of

the day and time of the hearing, together with a link to the notices as

published on the College's website;

(2) Subsection 29 (2.2) of the Act is

amended by adding "in a timely manner" at the end of the portion before clause

(a).

(3) Subsection 29 (2.2) of the Act is

amended by striking out "and" at the end of clause (a), by adding "and" at the

end of clause (

b) and by adding the following clause:

(

c) information

respecting current or previous criminal proceedings referred to in clause (2)

(d.1) that are no longer applicable or relevant to the member's membership.

(4) Subsection 29 (2.3) of the Act is

repealed and the following substituted:

Day

and time of hearing

(2.3) The Registrar shall

post the notices and links referred to in clause (2) (b.3) on the register and

on the College's website promptly after the notices are served upon the parties

to the hearing, and may remove the information from the register after the

proceeding has concluded.

(5) Subsection 29 (2.5) of the Act is

amended by striking out "(b.5), (b.6) or (d.1)" and substituting "(b.5) and

(b.6)".

(6) Paragraph 1 of subsection 29 (2.5) of

the Act is amended by adding "admonishment" after "reprimand".

6. (1) Clause

31 (5) (

c) of the Act is repealed and the following substituted:

(

c) require

the person complained against to appear before the Complaints Committee to be

cautioned or admonished; or

(2) Clause 31 (5) (

e) of the Act is amended

by adding "including issuing a caution, reminder, advice or admonishment" at

the end.

(1) Clause

31.1 (1) (

a) of the Act is amended by striking out "a caution from the

Complaints Committee under clause 31 (5) (c)" at the end and substituting "a

caution, a reminder, advice or admonishment from the Complaints Committee under

clause 31 (5) (

c) or (e)".

(

b) of the Act is amended by adding "and" at the end.

8. Subsection

32.1 (2) of the Act is repealed.

9. Subsection

33.1 (7) of the Act is amended by striking out "the public be excluded" and

substituting "the public, including members of the College, be excluded".

10. (1) Subsection

35 (7) of the Act is amended by striking out "the public be excluded" and

substituting "the public, including members of the College, be excluded".

(2) Subsection 35 (15) of the Act is

repealed and the following substituted:

Service

of decision, reasons

(15) Subject to

subsection (16), the Discipline Committee or Fitness to Practise Committee

shall serve its decision, with reasons,

(

a) on

the parties; and

(

b) on

the complainant, where,

(

i) the

matter was referred to the Discipline Committee or Fitness to Practise

Committee as a result of a complaint under subsection 31 (1), or

(ii) the

Council or Executive Committee directed the Discipline Committee or Fitness to

Practise Committee to hold a hearing into the matter under subsection 32 (1) or

(2).

(1) Subsection

35.1 (1) of the Act is amended by striking out "the public be excluded" and

substituting "the public, including members of the College, be excluded".

(2) Subsection 35.1 (2) of the Act is

amended by striking out "the public be excluded" and substituting "the public,

including members of the College, be excluded".

12. (1) Subsection

36 (9.1) of the Act is amended by striking out "the public be excluded" and

substituting "the public, including members of the College, be excluded".

(2) Subsection 36 (14) of the Act is

amended by striking out "and" at the end of clause (a), by adding "and" at the

end of clause (

b) and by adding the following clause:

(

c) a

reference to

section 33 shall be deemed to be a reference to

section 34.

Section

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

Same

(3) Despite subsection (2), if a

revocation mentioned in that subsection occurred as the result of a complaint

made under subsection 31 (1) on or after the day

section 13 of

Schedule 1 to

the Protecting Students Act, 2016 comes into force,

an order under subsection (1) shall not be made if the member or former

member's certificate was suspended or revoked for committing

an act of

professional misconduct that involved sexual abuse of a child, sexual

misconduct or a prohibited act involving child pornography.

14. Subsection

38 (2) of the Act is repealed and the following substituted:

Same

(2) For

purposes of this section,

(

a) a

person who requests a review under

section 27 is a party to the review under

section 27 by the Registration Appeals Committee; and

(

b) a

person who applies for an order under

section 28.1 is a party to the proceeding

under

section 28.1 by the Registration Appeals Committee.

15. Subsection

43 (1) of the Act is amended by adding the following paragraph:

8.5 governing

requirements relating to members' professional learning about their reporting

duties under the Child and Family Services Act and

governing how members' compliance with such requirements is determined;

16. Paragraph

21.1 of subsection 44 (1) of the Act is amended by striking out "(b.5), (b.6)

or (d.1)" and substituting "(b.5) and (b.6)".

17. Subsection

49 (7) of the Act is amended by striking out the portion before clause (

a) and

substituting the following:

Removal

of information

(7) If a

notation of a decision or resolution is removed from the register, or other

specified information is removed from the register under subsection 29 (2.2),

the College shall remove the decision, resolution or other specified

information,

. . . .

Section

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

Same

(5.1) Within 30 days of providing

additional information to the Registrar under clause (4) (

b) or subsection (5),

the employer shall provide a copy of such information to the member.

(1) Section

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

Same

(4.1) Within 30 days of providing

additional information to the Registrar under clause (3) (

b) or subsection (4),

the employer shall provide a copy of such information to the member.

(2) Subsection 49.2 (6) of the Act is

repealed and the following substituted:

Referral

to committee

(6) If the Registrar receives a report from

an employer under clause (1) (

a) or (b), the Registrar shall immediately refer

the matter to the appropriate committee.

Same

(6.1) If the Registrar receives a report

from an employer under clause (1) (c), the Registrar may refer the matter to

the appropriate committee.

20. The

Act is amended by adding the following section:

Employer

report deemed to be complaint

49.2.1 Where the Registrar

refers an employer's report filed under

section 49.1 or 49.2 to the Council or

a committee of Council es

Document details

Collection	Ontario — Bills
Citation	Bill 200, 41-1
Type	bill
Volume / chapter	p41 s1 bill 200 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	888b7072762cf913650e808b01886224634569eb

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