Protecting Students Act, 2016 Hunter, Hon. Mitzie Minister of Education — Bill 37 (41st Parliament, 2nd Session)

Bill 37, 41-2

Ontario — Bills

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Bill 37, Protecting Students Act, 2016

Hunter, Hon. Mitzie Minister of Education

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As Amended by Standing Committee

Royal Assent

[41] Bill 37 Royal Assent (PDF)

Bill 37 2016

An 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 1

Early Childhood Educators Act, 2007

1. Subsection

18 (3) of the Early Childhood Educators Act, 2007

is repealed and the following substituted:

Continuing

jurisdiction: revocation, suspension, cancellation

(3) A

person whose certificate of registration expires or is revoked, suspended or

cancelled 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 or

during which the person's certificate was suspended.

2. Subsections

19 (4), (5) and (6) of the Act are repealed and the following substituted:

Panels

(4) The

Chair of a committee mentioned in paragraph 2, 3, 4 or 5 of subsection (1) may

appoint panels in accordance with subsection (5) and authorize them to exercise

the committee's powers and perform its duties.

Same

(5) Each

panel appointed under subsection (4) shall be composed in accordance with the

following rules:

1. The

panel shall be composed of at least three persons.

2. A

majority of the persons on the panel must be members of the committee.

3. The

panel must include at least one member of the committee who was elected to the

Council under clause 8 (2) (

a) and at least one member of the committee who was

appointed to the Council under clause 8 (2) (b).

4. A

member of the panel who is not a member of the committee must be on a roster of

eligible panellists for the committee established under subsection (5.1).

Roster of eligible

panellists

(5.1) The

Council may establish a roster of eligible panellists for a committee mentioned

in paragraph 2, 3, 4, or 5 of subsection (1), consisting of such persons as the

Council considers qualified to serve as members of a panel of the committee.

Same

(5.2) The

Lieutenant Governor in Council may appoint such persons to a roster of

panellists under subsection (5.1) as he or she considers appropriate.

Same, requirements

and restrictions

(5.3) 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.

Not member of

committee

(5.4) A

person included on a roster for a committee is not a member of the committee by

reason of his or her inclusion on the roster or his or her service on a panel

of the committee.

Decision of panel

(6) A

decision of a panel appointed under subsection (4) shall be deemed to be the

decision of the committee whose Chair appointed the panel.

3. Subsections

25 (4) and (5) of the Act 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.

(1) Paragraph

3 of subsection 27 (1) of the Act is repealed.

(2) 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.

6. 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.

No 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.

7. (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) Clause 29 (2) (d.1) of the Act is

amended by adding "subject to the regulations" at the beginning.

(3) Subsections 29 (2.1) and (2.2) of the

Act are repealed and the following substituted:

Personal information

(2.1) A

committee referred to in clause (2) (

d) shall not direct, and a by-law referred

to in clause (2) (

e) shall not prescribe, that more personal information, within the

meaning of

section 38 of the Freedom of

Information and Protection of Privacy Act a nd

section

28 of the Municipal Freedom of Information and

Protection of Privacy Act , or more personal health information,

is to be included or kept in the register than is necessary to serve and

protect the public interest.

Personal health information

(2.1.1) The Registrar shall not include in

the register, disclose to an individual or publish on the College's website or

in any other publication more personal health information about a member than

is necessary to serve and protect the public interest.

Same

(2.1.2) In subsections (2.1) and (2.1.1),

"personal health

information" means information that identifies an individual and that is referred

to in clauses (

a) through (

g) of the definition of "personal health

information" in subsection 4 (1) of the Personal Health

Information Protection Act, 2004 .

Removal of specified information

(2.2) The Registrar

shall remove from the register, in a timely manner,

(

a) any terms, conditions or

limitations imposed on a certificate of registration, as referred to in clause

(2) (b), that are no longer applicable;

(

b) any restrictions imposed on a

member's eligibility to practise, as referred to in clause (2) (b.1), that are

no longer applicable; and

(

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, as provided by the

regulations.

(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".

8. (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)".

(2) The

the end.

(3) Section

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

Same

(5.1) In

considering prior decisions in accordance with clause (5) (a), the Complaints Committee

shall not consider any decision made by the Complaints Committee to refuse to

consider and investigate a complaint under subsection 31 (2).

10. Subsection

32.1 (2) of the Act is repealed.

11. The

French version of paragraph 1 of subsection 33 (5) of the Act is amended by

striking out "un avertissement" and substituting "une admonestation".

12. 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".

13. (1) Subsection

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

substituting "the public,

Document details

Collection	Ontario — Bills
Citation	Bill 37, 41-2
Type	bill
Volume / chapter	p41 s2 bill 37 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f306f2487dcaecee2115f0cebfc96280473d2746

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