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College Bylaws

March 2-3, 2017

Printable Version of Complete Bylaws

  • Amendments

  • Amendments

    The consolidated Bylaws incorporate original bylaws 2, 3, 4, 5 and 6, together with amendments made by Council at meetings held on May 1 & 2, 1997; September 11 & 12, 1997; December 11 & 12, 1997 and February 26, 1998.

    Since the February 26, 1998 consolidation, Council has made the following amendments:

    1. September 24 & 25, 1998 – Section 5.03(e)
    2. December 11 & 12, 1998 – Section 30.02
    3. May 27-28, 1999 – Section 28.01
    4. November 18-19, 1999 – Sections 3.08, 3.10, 3.11, 4.07, 4.08
    5. February 24-25, 2000 – Sections 5.03(e), and new Section 32, 32.01(a)
    6. August 24, 2000 – Section 30.02
    7. October 12-13, 2000 – Section 32.02.
    8. January 29, 2001 – amended Section 19.01, and new section 6.05
    9. March 22-23, 2001 – new Sections 18.04 (a), (b), (c), 18.05, 18.06, 18.07 and 18.08
    10. June 7-8, 2001 amended section 21.04
    11. August 13, 2001 amended sections 22.01, 22.02, 23.02 (effective January 1, 2002), deleted section 22.03
    12. November 8-9, 2001 – new Section 33
    13. May 2, 2002 – amended by adding Sections 23.09 and 23.10
    14. September 27, 2002 – amended section 21.04
    15. December 13, 2002 – deleted subsection 5.01(b) and 5.03 & New Sections 34, 35 and 36
    16. April 10, 2003 – amended sections 3.10, 4.01, 7.03 (now 7:02), 8:04(c), 9.01, 9.05, 9.06, 13.01, 13.02,
      14.01, 16.01, 16.02, 16.03, 18.02(c), 18.02(h), 21:02, 21:03, 25.01(b), 26.01(a), 29:01, 31:01 and 31.02, 33.05; added new subsection 25.01(b)(v); and new section 37; and deleted sections 6.04(e), 7.02 (and renumbered section 7), 35.02(a) and 35.02(c) (and renumbered section 35.02)
    17. December 11-12, 2003 – amended sections 23.09 and 23.10, and new sections 23.11, 23.12, 23.13, 23.14
    18. September 30-October 1, 2004 amended section 30.02(a)
    19. October 1, 2004 – amended sections 21.04 and 22.01
    20. December 9-10, 2004 – amended sections 5.15 and 23.11, added new section 23.15
    21. March 31, 2005 – amended section 23 by deletion of sections 23.09 and 23.10 (and renumbered section 23)
    22. June 3, 2005 – amended section 2 by substitution and addition of sections 2.04 and 2.05 and deleted section 7.10 (and renumbered section 7).
    23. June 8, 2006 – amended: section 18.01, section 22 and section 23 by addition, substitution and deletion and Section 32 by addition, substitution and deletion
    24. October 1, 2007 – amended Section 32:01 (d) (French Version) by addition and Section 32:02 (b) by
      substitution
    25. December 4-5, 2007 – amended section 18.03 by addition of a new subsection (and renumbered section 18)
    26. June 12-13, 2008 – amended sections 6 & 7, title of section 6, new sub-section 6.01(e), by addition in sections 6.04(d)(ii), 6.06; 6.07, 6.08, 6.09, 6.10, 6.11, 6.12, 6.13, 6.14, 6.15, 6.16 and sections 7.01, 7.04, 7.05, 7.06, 7.07, 7.09
    27. September 26, 2008 – amended sections 21.04, 22.02, 23.03 & 23.07.
    28. June 4-5, 2009 – amended section 6.02(e) by addition, amended sections 5.04, 5.06, 5.11, 6.02(a), 6.03(a), 6.04, 6.05(a), 6.06, 6.07, 6.09, 6.13, 7.09(d), 8.02, 18.05, 18.05(a) and (d), 18.06, and 18.08 by addition, substitution, and deletion with sections renumbered accordingly
    29. June 19, 2009 – amended section 2.01 by substitution, amended section 6.05(b) by deletion.
    30. November 12-13, 2009 – amend section 9:09 (c) by addition.
    31. March 25-26, 2010 – additional section 18.10.
    32. October 7-8, 2010 – additional section 23.15.
    33. March 31, 2011 – delete section 20 & amend section 3.06(b) by deletion.
    34. December 8-9, 2011 – amended section 23.12 & 23.13 by deletion and substitution.
    35. December 9, 2011 – amended section 21.04 by deletion and substitution.
    36. June 7-8, 2012 – amended section 25.01(b), added new section 25.01(b) (vi).
    37. November 15-16, 2012 – amended section 25.01 by the addition of clauses (g), (h), and (i) and amended section 28.01(a) by addition.
    38. April 4-5, 2013 – amended section 31 by deletion of 31.04; amended section 25 by the addition of subsection vii; amended section 26 by additions and deletions.
    39. October 4, 2013 – amended: sections 5, 6 and 7 by addition and deletion and renumbered sections accordingly; section 23:11 by addition; section 31.01 by addition.
    40. December 5, 2013 – amended section 31 by addition of (k);
    41. December 6, 2013 – amended section 21.04 (a) and (b) by deletion and substitution.
    42. June 12-13, 2014 – deleted sections 6.07(f) and 6.07 (g); amended section 7.09 by deletion of the words “Nomination Committee” in sections (a), (b) (c) and by deletion of section (d).
    43. March 26-27, 2015 – amended section 5.02(d) by addition, deletion and substitution and added section 5.02(e).             
    44. As of July 1, 2015 by deletion and substitution. Under section 6.04 deleted Election and Nomination Committees and added Governance Committee and reordered Section 6.04 Special Committees.
      (October 1-2, 2014)
    45. June 4-5, 2015 - amended section 3.10 by deletion and substitution; amended section 14 by deletion and substitution.
    46. November 5-6, 2015 amended section 6.07 by the addition of a new section (b) and renumbered the sections accordingly.
    47. March 3-4, 2016 – amended section 6.07 (f) by addition.
    48. June 2-3, 2016 – amended section 21.02 by deletion and substitution.
    49. September 29-30, 2016 – amended section 7 – Committee Vacancies – by addition of a new section 7.07 and renumbering the sections accordingly.
    50. December 1-2, 2016 – amended section 25.01 – Contents of the Register – by addition of a new section 25.01 (g) and renumbered the sections accordingly
    51. March 2-3, 2017 – amended section 25.01 – Contents of the Register – by deletion, addition and substitution and renumbered the sections accordingly
    52. March 2-3, 2017 – amended section 26 – Information on the Register – by addition of s. 26.03

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    Section 1- Definitions

    1.01 In this bylaw, unless otherwise defined or required by the context:

    1. "Act" means the Ontario College of Teachers Act, 1996
    2. "the regulations" means the regulations made under the Ontario College of Teachers Act, 1996.

    1.02 In this bylaw, unless otherwise defined or required by the context, the terms used have the same meaning as in the Act and the regulations.

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    Section 2 - Seal

    2.01 The seal depicted below shall be the seal of the College.

    2.02 A printed facsimile of the seal may be used to designate official pronouncements or decisions of Council when such is authorized by the Registrar or the Chair.

    2.03  The visual identity of the College shall be depicted by the College’s icon and wordmark as set out below:


    2.04 The Registrar shall establish guidelines for the use of the visual identity. Any use of the visual identity other than in accordance with such guidelines require the prior written approval of the Registrar.

    2.05 Any use of the College’s visual identity by a person other than the College requires the prior written consent of the Registrar.

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    Section 3 - Council Meetings

    3.01 The Council shall hold a minimum of four regular meetings in a calendar year, one of which shall be designated as the annual meeting. Each of such meetings shall be called by the Chair and shall be held in such locations in Ontario as shall be determined by the Registrar, at the direction of Council.

    3.02 Council may, from time to time, by resolution, determine to hold additional meetings and shall, by such resolution, fix the date, place in Ontario and times for such meetings. So long as any such resolution is in effect, the Registrar of the College shall convene such meetings by notice given in the manner referred to in section 3.03.

    3.03 The Registrar shall notify each member of the Council in writing of the place, date, time and agenda for a Council meeting by sending such notification no less than ten (10) days before a regular meeting.

    3.04

    1. Special meetings of the Council may be called by the Chair or by any twelve (12) members of Council who deposit with the Registrar a written requisition for the meeting containing the matter or matters for decision at the meeting. Special meetings shall be held in such location as shall be determined by the Registrar.
    2. The requirement to give 10 days notice of a special meeting may be waived. Attendance of a member of Council shall constitute waiver of notice. Attendance at a special meeting by a member of Council for the purpose of disputing the sufficiency of the notice shall not be deemed to constitute waiver of notice.

    3.05

    1. At the direction of the Chair, regular or special Council meetings may be held in person or by teleconference.
    2. With the concurrence of the Chair, a member may be deemed to attend a meeting by conference call.

    3.06 A Council meeting may only consider or transact:

    1. matters brought by the Executive Committee
    2. recommendations in reports by committees
    3. motions of which a notice of motion was given by a member of the Council at the preceding Council meeting, or in time for the notice of motion to be included in the notice of meeting under section 3.03
    4. motions which the members of the Council agree to consider by a two-thirds vote of those in attendance
    5. matters for which notice has been given in accordance with section 3.04 or section 17.02, and
    6. at any meeting, new business, routine and procedural matters in accordance with the rules of order.
    3.07 The Registrar shall prepare an agenda for each meeting subject to the review and approval of the Executive Committee.

    3.08 Subject to the appointment of a Presiding Officer as set forth below, the Chair, or Vice-Chair in his/her absence, shall preside at meetings of the Council. The Chair, with the concurrence of the Vice-Chair and the approval of the Council, may select a person called the Presiding Officer, who will conduct the business of the meeting and ensure that the rules of debate are observed, in the name of the Chair. In the absence of the Presiding Officer, Chair and Vice-Chair, the Council shall elect a person from among its members to temporarily act as and have all the powers of the Chair.

    3.09 Unless otherwise required by law or by the bylaws, every question which properly comes before the Council may be decided by a simple majority of the votes cast at the meeting by members of Council present thereat (including a member of Council who is the presiding officer) and, if there is an equality of votes on a question, the question shall be deemed to have been decided in the negative.

    3.10 Where feasible every vote at a Council meeting shall be taken via vote tabulation software and will be recorded in the minutes of that meeting.

    3.11 The Chair shall cause minutes of the proceedings of the Council meeting to be recorded, and the minutes of the Council meeting, when signed by the Chair are prima facie proof of the accuracy of the contents of every such record.

    3.12 The minutes of the proceedings of a Council meeting when accepted at a subsequent Council meeting, subject to any corrections made at such subsequent meeting, are conclusive proof of the accuracy of the contents of every such record.

    3.13 The procedure at all meetings of the Council or committees of Council shall be governed by the rules laid down in Robert's Rules of Order (most recent edition) except as required by law, provided in the bylaws or established as standard procedures by prior decision of Council.

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    Section 4 - Officers

    4.01 The officers of the College shall be the Chair, Vice-Chair, Registrar, Deputy Registrar and such other officers as the Council shall determine from time to time.

    4.02 The Council shall, at the first meeting following an election, elect a Chair and Vice-Chair to hold office until the first meeting following the election of the next Council.

    4.03 The election of the Chair and Vice-Chair shall be by secret ballot using generally accepted democratic procedures and, where more than two Council members are nominated, the nominee who receives the lowest number of votes on each ballot shall be deleted from nomination unless one nominee receives a majority of the votes cast on the ballot and this procedure shall be followed until one nominee receives a majority of the votes cast.

    4.04 If the office of the Chair becomes vacant, the Vice-Chair shall become the Chair for the unexpired term of the office and the office of Vice-Chair thereby becomes vacant.

    4.05 The Council shall fill any vacancy in the office of Vice-Chair at the next Council meeting after the vacancy occurs.

    4.06 The office of Chair or Vice-Chair becomes vacant if the holder of the office dies, resigns, is disqualified from sitting on Council, or is removed from office by a vote of Council at a meeting called for that purpose.

    4.07 The Chair of Council shall:

    1. preside at meetings of the Council, unless a Presiding Officer is selected in accordance with Section 3.08;
    2. be Chair of the Executive Committee
    3. perform all acts and deeds pertaining to the office of the Chair as provided for in the bylaws or as may be decided by Council.

    4.08 The Vice-Chair of Council shall:

    1. in the absence of the Chair;
      1. preside at meetings of the Council; and
      2. perform the duties of the Chair unless a Presiding Officer is selected in accordance with Section 3.08.
    2. be Vice-Chairperson of the Executive Committee.

    4.09 The Registrar shall:

    1. perform the duties of Registrar set out in the Act, regulations and bylaws
    2. be responsible for carrying out the day-to-day business of the College including management of the hiring of staff, acquiring goods and services, and promoting college objectives, subject to any limits imposed by the Act, regulations, the bylaws and Council resolutions
    3. perform such other duties as may be assigned by the Council.

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    Section 5 - Standing Committees

    5.01 There are hereby established the following standing committees, in addition to those required by section 15 of the Act:

    1. Finance Committee
    2. Standards of Practice and Education Committee.

    5.02 Finance Committee:

    1. the Council shall appoint five (5) of its members to the Finance Committee
    2. two (2) of the members of the Finance Committee shall be persons who were appointed to the Council under paragraph 4 (2) (b) of the Act
    3. three of the members of the Finance Committee shall be persons who were elected to Council under paragraph 4 (2) (a) of the Act
    4. the Finance Committee shall monitor and report to Council on the financial activities of the College and shall recommend to Council an annual budget, the appointment of an auditor and the annual audited financial statements.
    5. the Finance Committee shall also act as the Audit Committee of the College for the purposes of reviewing the annual audit scope, audit fees and audit findings.

    5.03 Standards of Practice and Education Committee:

    1. the Council shall appoint nine (9) of its members to the Standards of Practice and Education Committee
    2. four (4) of the members of the Standards of Practice and Education Committee shall be persons who were appointed to the Council under paragraph 4 (2) (b) of the Act
    3. five of the members of the Standards of Practice and Education Committee shall be persons who were elected to Council under paragraph 4 (2) (a) of the Act
    4. the Standards of Practice and Education Committee shall advise Council on the development of:
      1. Pre-service and in-service standards of practice
      2. A provincial professional learning framework to support standards of practice and promote continuing competence among members of the College.
    5. the Standards of Practice and Education Committee may from time to time appoint a minimum of three (3) members of the committee to a sub-committee, and the sub-committee shall meet as directed by the Committee to make recommendations with respect to issues within the scope of the Committees work
    6. up to two (2) external representatives may be appointed to a sub-committee of the Standards of Practice and Education Committee to ensure a range of expertise, as the Committee deems necessary and as approved by the Executive Committee.

    5.04The Council shall appoint one of the members of each standing committee as the Chair.

    5.05 A standing committee shall elect a Vice-Chair from among its members.

    5.06 A quorum on a standing committee is a majority of the number of positions on the committee including a minimum of one person who was appointed to the Council under paragraph 4(2)(b) of the Act.

    5.07 In the absence of the Chair of a standing committee, the Vice-Chair shall temporarily act as and have all the powers of the Chair.

    5.08 In the absence of the Chair and Vice-Chair of a standing committee, the committee shall elect a person from among its members to temporarily act as and have all the powers of the Chair.

    5.09 Unless otherwise required by law or by the bylaws, every question which comes before a standing committee may be decided by a simple majority of the votes cast at the meeting of members of the committee present thereat (including the Chair of the committee) and, if there is an equality of votes on a question, the question shall be deemed to have been decided in the negative.

    5.10 Each standing committee shall meet at least once a year.

    5.11 A meeting of a standing committee may be held by any means that permits every person participating in the meeting to communicate with each other simultaneously.

    5.12 The Registrar shall notify each member of a standing committee in writing of the place, time and agenda for a standing committee meeting by sending such notification no less than ten (10) days before a meeting.

    5.13 The Chair of a standing committee shall ensure that minutes are:

    1. taken at each meeting
    2. reviewed and approved at the meeting following the one at which they are taken, and
    3. signed by the chair after approval.

    5.14 A person appointed to a standing committee shall be a member of the committee until the first meeting of the next Council.

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    Section 6 - Regulatory, Special and Ad Hoc Committees

    6.01The following committees are established according to O. Reg. 347/02, Accreditation of Teacher Education Programs:

    (a) Accreditation Committee (O. Reg. 347/02, s. 2(1)
    (b) Accreditation Appeal Committee
    (O. Reg. 347/02, s. 35 (1)

    6.02 Accreditation Committee:

    (a) The Council shall appoint at least nine of its members to the Accreditation Committee.  A member of the Accreditation Committee shall not be a member of the Accreditation Appeal Committee.
    (b)Four of the members of the Accreditation Committee shall be persons who were appointed to the Council under paragraph 4(2)(b) of the Act.
    (c)  Five of the members of the Accreditation Committee shall be persons who were elected to Council under paragraph 4(2)(a) of the Act.
    (d) The duties of the Accreditation Committee are:

    i. to determine if programs of professional education qualify under O. Reg. 347/02 for accreditation;
    ii. to determine if accredited programs of professional education qualify under O. Reg. 347/02, for renewal of accreditation;
    iii. to determine, at the direction of the Council and in the circumstances permitted by O. Reg. 347/02, if accredited programs of professional education and accredited programs of additional qualification continue to qualify for accreditation;
    iv. to grant accreditation, with or without conditions, to programs of professional education that qualify under O. Reg. 347/02 for accreditation;
    v. to carry out any duties assigned to it under Part IV of O. Reg. 347/02, (OR to accredit programs of additional qualification.)
    vi. to establish accreditation panels.

    6.03 Accreditation Appeal Committee

    a.   The Council shall appoint five of its members to the Accreditation Appeal Committee. A member of the Accreditation Appeal Committee shall not be a member of the Accreditation Committee.
    b. Two of the members of the Accreditation Appeal Committee shall be persons who were appointed to the Council under paragraph 4(2)(b) of the Act.
    c.   Three of the members of the Accreditation Appeal Committee shall be persons who were elected to Council under paragraph 4(2)(a) of the Act.
    d.  The duties of the Accreditation Appeal Committee are to:

    i.  decide appeals of decisions issued by the Accreditation Committee in respect of programs of professional education; and
    ii. decide appeals of decisions issued by the Registrar or Accreditation Committee in respect of programs of additional qualification.

    (e)   The Accreditation Appeal Committee may establish appeal panels.

    6.04 There are hereby established the following special committees:

    (a) Governance Committee
    (b) Human Resources Committee
    (c) Quality Assurance Committee
    (d) any other special or ad hoc committee created by Council motion.

    6.05Governance Committee:

    1. The Council shall appoint seven (7) members of Council to the Governance Committee.
    2. One (1) member of the committee shall be the Vice-Chair of the Council and there shall be an additional six (6) members of Council.
    3. Three (3) of the members of the Governance Committee shall be persons who were appointed to the Council under paragraph 4(2)(b) of the Act.
    4. Four (4) of the members of the Governance Committee shall be persons who were elected to Council under paragraph 4(2)(a) of the Act.
    5. The Governance Committee shall:

        (i) ensure that the election of the Council by members of the College is being carried out in accordance with prescribed regulations and bylaws including establishing a calendar for:

        A) the mailing of nomination papers
        B) receipt of nomination papers and consent to stand for election
        C) receipt of biographical summary
        D) printing of voting instructions, biographical summaries, and regional ballots
        E) mailing of ballots
        F)  election period
        G) tabulation period
        H) report to the Council on the process of the election and present the official results
         I)  review election regulations, bylaws, boundaries and population distributions to ensure on going relevancy and make recommendations to Council with respect to any changes

    (ii)   At the inaugural meeting of a new Council:

    A) provide a list of all nominations received for the office of the Chair and Vice-Chair of Council.
    B) make recommendations to Council regarding the membership of each committee established in the Act, regulations, or these bylaws.
    C) make recommendations to Council regarding the chairs of each committee established in the Act, regulations, or these bylaws.
    D) if necessary, make recommendations to Council for a candidate to fill a vacant elected Council position for which no nominations were received during the election process.
    E) ensure that a process is in place to receive any further nominations from the floor.

    (iii)  facilitate Council transition including Council member orientations.
    (iv)  make recommendations to Council regarding committee structures in terms of size and composition in order to ensure that Council is meeting its obligations under the Act.
     (v)  make recommendations to Council regarding the selection of an applicant to fill an acclaimed Council member vacancy.
    (vi)  develop Council recruitment strategies and procedures for both elected and appointed members.
    (vii) establish a protocol to facilitate the time for appointment of members to Council when vacancies arise.
    (viii) develop succession planning for Council members and for the office of the Chair.
    (ix)  develop risk assessment strategies to ensure Council fulfils its legal, ethical and functional responsibilities through adequate governance policy development, Council development strategies, training programs, monitoring of Council activities, and the establishment of assessment tools for the evaluation of Council committees, committee chairs and individual Council members’ performance.
     (x)  complete governance audits and report publically on overall Council effectiveness.
     (xi) provide guidance on issues of governance to Council and committee Chairs.
    (xii)  develop and recommend to Council adequate oversight policy to ensure that Council fulfils its fiduciary responsibilities.
    (xiii)  assist in ensuring that the College and Council function in accordance with the relevant legislation and regulations and the bylaws of the College.
    (xiv) assist Council in establishing/ revising mission, vision, values, goals, objectives and policies as may be required.
    (xv) recommend to Council and annually implement a Council development plan to include: Council evaluation, Council education and professional development
    (xvi) recommend and annually implement an evaluation of the Chair of Council.

    6.06 Human Resources Committee

    1. The Council shall appoint five (5) members of the Council to the Human Resources Committee.
    2. One (1) member of the committee shall be the Chair of the Council and there shall be an additional four (4) members of Council.
    3. Two (2) members of the Human Resources Committee shall be persons who were appointed to the Council under paragraph 4(2)(b) of the Act.
    4. Three (3) members of the Human Resources Committee shall be persons who were elected to Council under paragraph 4(2)(a) of the Act.
    5. The Human Resources Committee shall:
      1. monitor the implementation of the Salary Administration Program on an annual basis
      2. advise Council on the process for hiring the Registrar and Deputy Registrar
      3. make recommendation to Council regarding the Human Resources policies of the College.

    6.07 Quality Assurance Committee:

    a. The Council shall appoint five (5) members of Council to the Quality Assurance Committee.
    b. One member of the committee shall be the Chair of Council, effective July 1, 2018, unless an elected member vacancy of the committee occurs prior to June 30, 2018, and there shall be an additional four (4) members of Council.
    c. Two (2) of the members of the Quality Assurance Committee shall be persons who were appointed to the Council under paragraph 4(2)(b) of the Act.
    d. Three (3) of the members of the Quality Assurance Committee shall be persons who were elected to Council under paragraph 4(2)(a) of the Act.
    d. Up to two (2) external representatives may be appointed to the Quality Assurance Committee, as the committee deems necessary and as approved by the Executive Committee.
    f. The Quality Assurance Committee shall assess the performance of the College relative to its objectives as defined in the Act and its Strategic Priorities as defined by Council; identify opportunities to further support the achievement of these College objectives and Strategic Priorities; and report annually to Council.

    6.08A person appointed to a regulatory or special committee shall be a member of the committee until the first meeting of the next Council.

    6.09A person appointed by Council or by the Executive Committee to an ad hoc committee of Council shall be a member of the committee for a period prescribed by the Council or the Executive Committee.  The ad hoc committee shall appoint one of its members as the Chair.

    6.10The Council shall appoint one of the members of each of the regulatory or special committees as the Chair.

    6.11 A regualtory, special or ad hoc committee shall elect a Vice-Chair from among its members.

    6.12 A quorum on a regulatory, special or ad hoc committee is a majority of the number of positions on the committee, including a minimum of one person who was appointed to the Council under paragraph 4(2)(b) of the Act.

    6.13 In the absence of the Chair of a regulatory, special or ad hoc committee, the Vice-Chair shall temporarily act as and have all the powers of the Chair.

    6.14 In the absence of the Chair and Vice-Chair of a regulatory, special or ad hoc committee, the committee shall elect a person from among its members to temporarily act as and have all the powers of the Chair.

    6.15 Unless otherwise required by law or by the bylaws, every question which comes before a regulatory, special or ad hoc committee may be decided by a simple majority of the votes cast at the meeting by members of the committee present thereat (including the Chair of the committee) and, if there is an equality of votes on a question, the question shall be deemed to have been decided in the negative.

    6.16 Each regulatory or special committee shall meet at least once a year.

    6.17 A meeting of a regulatory special or ad hoc committee may be held by any means that permits every person participating in the meeting to communicate with each other simultaneously.

    6.18 The Registrar shall notify each member of a regulatory special or ad hoc committee in writing of the place, date, time and agenda for a special committee or ad hoc meeting by sending such notification no less than ten (10) days before a regular meeting.

    6.19 The Chair of a regulatory, special or ad hoc committee shall ensure that minutes are:

    1. taken at each meeting
    2. reviewed and approved at the meeting following the one at which they are taken
    3. signed by the Chair after approval.

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    Section 7 - Committee Vacancies

    7.01 An elected member of the Council who is disqualified from sitting on the Council ceases to be a member of the Council and of the statutory, regulatory, standing, special or ad hoc committees of which he or she is a member.

    7.02 A person who is suspended as a result of a referral from section 26 or 29 of the Act from his or her office as member of the Council shall not participate in any meeting or other proceeding of the Council or the committees. The Executive Committee shall appoint one (1) or more elected members to replace the suspended member on the committee(s) on which that member served, for the period of the suspension.

    7.03 The Council shall disqualify an elected member of the Council from sitting on committees if the member:

    1. is found by the Discipline Committee to be guilty of professional misconduct or to be incompetent
    2. is found by the Fitness to Practise Committee to be incapacitated
    3. fails, without cause, to attend three (3) consecutive meetings of the Council
    4. fails, without cause, to attend half the meetings of the Council in any twelve (12)-month period
    5. fails, without cause, to attend three (3) consecutive meetings of a committee of which he or she is a member
    6. fails, without cause, to attend a hearing of a panel of a committee for which he or she has been selected
    7. fails or ceases to meet the criteria set out in the regulations for eligibility to be nominated for the position for which the member was elected, as those regulations read on the day the member was declared elected.

    7.04 The seat of a member of a statutory, regulatory, standing, special or ad hoc committee becomes vacant if the member dies, resigns from the committee, resigns from the Council or is disqualified from sitting on the Council or the committee.

    7.05 For the purpose of this bylaw, the resignation of a member of a statutory, regulatory, standing, special or ad hoc committee is effective when received by the Registrar or the Chair of the committee.

    7.06 A person who is suspended under section 6(3) of Regulation 72/97 from his or her office as a member of the Council is also suspended from his or her office as a member of a statutory, regulatory, standing, special or ad hoc committee and shall not participate in any meeting or other proceeding of the committee.

    7.07 If the chair position of a statutory, regulatory, standing, special or ad hoc committee becomes vacant, the Council shall, as soon as reasonably possible, appoint a chair from among the members appointed to the committee.

    7.08 In filling a vacancy, the Executive Committee shall ensure that the requirements for the number of elected and appointed members are complied with.

    7.09 Within ten (10) days of a vacancy on a statutory, regulatory, standing, special or ad hoc committee coming to the attention of the Registrar, the Registrar shall:

    1. notify the members of the Executive Committees that a vacancy has arisen
    2. provide the members of the Executive Committees with the information that they need in order to be able to fill the vacancy
    3. draw the attention of the Executive Committees to its obligation under this section to act expeditiously.

    7.10 A person appointed by the Executive Committee or confirmed by Council to fill a vacancy on a committee shall hold office on the committee until the former committee member's term would have expired.

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    Section 8 - Committee Reports

    8.01 Unless otherwise provided for, each committee shall submit a report of its activities to the Council, at least annually.

    8.02 The Finance Committee shall report at least semi-annually to the Council.

    8.03 When reporting to Council, the Executive Committee shall not submit a report that contains information, other than information of a general statistical nature, relating to:

    1. a referral by the Executive Committee to the Discipline or Fitness to Practise Committee until a panel of the Discipline or Fitness to Practise Committee disposes of the matter
    2. an approval for the Registrar to appoint an investigator until the investigation is completed and reported by the Registrar and the Executive Committee decides not to make a referral with respect to the matter to the Discipline Committee or, if the Executive Committee makes a referral with respect to the matter to the Discipline Committee, until a panel of the Discipline Committee disposes of the matter, or
    3. an interim order made by the Executive Committee in respect of a member until a panel of the Discipline Committee or Fitness to Practise Committee disposes of the matter.

    8.04 If the Executive Committee exercises a power of the Council under section 16 of the Act, it shall report on its actions to the Council at the Council’s next meeting.

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    Section 9 - Documents

    9.01 The signing officers of the College shall be the Chair, Vice-Chair, Registrar, Deputy Registrar and such other officers as are named by the Executive Committee.

    9.02 The Council may from time to time, by resolution, appoint any other person or persons on behalf of the College to:

    1. sign and deliver contracts, documents or instruments in writing generally, or
    2. sign either manually or by facsimile signature and deliver specific contracts, documents or instruments in writing.

    9.03 The Registrar may from time to time establish administrative policies which permit one or more specified employees of the College, in specified circumstances, to sign and deliver contracts, documents or instruments in writing, for the routine purchase of goods and services required by the College.

    9.04 All certificates of qualification and registration issued under the Act shall be signed by the Chair and the Registrar.

    9.05 Subject to section 9.04, the Registrar, the Deputy Registrar and such other officers, acting alone, may execute the certificates, summonses, notices, orders and other documents provided for in the Act and regulations.

    9.06 The Registrar, Deputy Registrar and such other officers of the College may sign summonses, notices and orders on behalf of any committee or panel of the College which is a tribunal within the meaning of the Statutory Powers Procedure Act.

    9.07 Proposed regulations on behalf of the College shall be signed by the Chair or Vice-Chair, and by the Registrar, and the corporate seal shall be affixed thereto.

    9.08

    1. Unless otherwise specified, all other contracts, documents or instruments in writing requiring execution by the College shall be signed by any two (2) of the signing officers and all contracts, documents or instruments in writing so signed shall be binding upon the College without any further authorization or formality.
    2. For the purposes of this bylaw, the term "contracts, documents or instruments in writing" shall include deeds, mortgages, charges, conveyances, powers of attorney, transfers and assignments of property (including, but not limited to, transfers and assignments of shares, warrants, bonds, debentures or other securities), proxies for shares and other securities and all paper writings.

    9.09 Subject to the Act, regulations and other provisions of the bylaws, any notice to be given, or document to be served, by the College to any member of the College or Council, or to the auditor of the College, or to any other person is sufficiently given or served:

    1. by delivering it personally, or
    2. by sending a copy by courier to the last address of the person known to the Registrar, or
    3. y sending a copy by regular mail or registered mail or e-mail to the last address of such person known to the Registrar, or
    4. by faxing a copy to the last fax number of such person known to the Registrar.

    9.10 Where a notice or document to be given or served is sent by courier under section 9.09, there is a rebuttable presumption that the notice or document is delivered to the person on the second day following the day the courier was given the document or notice.

    9.11 Where a notice or document to be given or served is sent by mail under section 9.09, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing.

    9.12 Where a notice or document to be given or served is sent by fax under section 9.09, there is a rebuttable presumption that the notice or document is delivered to the person on the day the fax is sent, except that where the fax is sent between 5:00 p.m. and midnight, there is a rebuttable presumption that the notice or document is delivered to the person on the following day.

    9.13 Service of a document made after 5:00 p.m. or any time on a bank or statutory holiday shall be deemed to have been made on the next day that is not a bank or statutory holiday.

    9.14 The signature to any notice or other document given by the College may be written, stamped, typewritten or printed or partly written, stamped, typewritten or printed.

    9.15 Where a given number of days notice or notice extending over any period is required to be given, each and every day including bank or statutory holidays including the day of service or posting of the notice shall, unless otherwise provided, be counted in such number of days or other period, but the day for which the notice is given shall not be counted.

    9.16 In order to ensure that Council members are adequately prepared to deal with questions from the membership, copies of communication materials that are distributed to the membership in general, as well as correspondence to the Minister of Education related to policy matters, correspondence to school boards and schools, and those deemed appropriate by the Registrar, shall be shared with members of Council.

    9.17 Pursuant to paragraph 52 (1) (c) of the Act, and notwithstanding any other provision of these bylaws, where:

    1. a person is deemed by subsection 62 (1) of the Act to hold a certificate of qualification and registration, and
    2. such person has failed to:
      1. provide information to the Registrar which members are required by section 31 to provide
      2. pay the annual membership fee prescribed by the bylaws
      3. apply to the Registrar for the issuance of a certificate of qualification and registration in accordance with the regulations

    the Registrar shall give the notice required by subsection 24 (2) of the Act by causing a notice to be published in an English language daily newspaper and a French language daily newspaper having provincial circulation in Ontario, on at least two (2) occasions. The published notice shall state the Registrar's intention to suspend the certificate of qualification and the certificate of registration of any member who has not paid the prescribed annual fee by a specified date which is at least two (2) months after the date on which the publication occurs.

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    Section 10 - Banking and Finance

    10.01 The banking business of the College or any part thereof, shall be transacted with any bank chartered under the Bank Act (Canada) as the Council may designate, appoint or authorize from time to time by resolution.

    10.02 All of the College's banking business, or any part thereof, shall be transacted on the College's behalf by any two (2) of the signing officers or such one or more other officers of the College and/or other persons as the Council may designate, direct or authorize from time to time by resolution and to the extent therein provided.

    10.03 All monies received by the College from time to time shall be deposited in an account maintained by the College in its name with any Branch of the College's bankers.

    10.04 All of the funds and monies of the College not immediately required for its operations shall be invested and/or re-invested in accordance with the investment guidelines developed and approved by the Council from time to time. In the absence of any such guidelines, the funds and monies of the College shall be invested only in bankers acceptances accepted by, or other short term instruments issued or guaranteed by, a Canadian chartered bank listed on Schedule 1 of the Bank Act (Canada).

    10.05 Any security in which the College invests shall be lodged with the chartered bank indicated in section 10.04 or placed promptly after the investment is made in its safety deposit box at the bank appointed under section 10.01.

    10.06 Securities representing the College's investments shall, where the College is required to take physical delivery thereof, be held in the College's safety deposit box. The College shall be permitted to use any custodial services offered by its bankers in respect of the storage of its investments. Securities and other documents shall be placed in, or removed from, the College's safety deposit box only by two (2) of the signing officers.

    10.07 The College may borrow such amounts as may from time to time be approved by the Council for the purpose of establishing, operating and maintaining the College.

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    Section 11 - Audit

    11.01 The financial year of the College is the calendar year.

    11.02 The Council shall, at its annual meeting, appoint an auditor who is duly licensed under the Public Accountancy Act to audit the accounts of the College and to serve until the close of the next such annual meeting of the Council and, if an appointment is not made, the auditor in office shall continue until a successor is appointed.

    11.03 The Registrar shall give notice of every appointment and reappointment of an auditor to the auditor in writing promptly after the appointment or reappointment is made.

    11.04 The Council may by resolution passed by at least two-thirds of the Council members at a meeting of which notice of intention to pass the resolution has been given, remove any auditor before the expiration of the auditor's term of office and shall by a majority of the votes cast at that meeting appoint another auditor in such auditor's stead for the remainder of the term.

    11.05 The auditor shall make such examinations as will enable him or her to report to the Council as required by law and under this section.

    11.06 The auditor shall meet at least annually with the Finance Committee, in its role as an audit committee, to present the results of his or her examination of the annual financial statements and to consider any other matters which should come before the committee.

    11.07 The auditor shall report in writing to the annual meeting of members of the College on the annual financial statements for the most recently ended financial year of the College.

    11.08 The auditor has a right of access at all reasonable times to all records, documents, books, accounts and vouchers of the College that can reasonably be furnished and is entitled to require from the present or former members of the Council, officers, employees and agents of the College such information as in the auditor's opinion is necessary to enable the auditor to report as required by law or under this section.

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    Section 12 - Conflict of Interest

    12.01 All members of the Council and officers of the College shall disclose any interest they may have, other than as members of the Council or as officers of the College, in any matter coming before the Council or committees of the Council. Members of the Council who so declare shall not participate in the discussion or vote on the matter. At the direction of the Chair, any member of Council who has made such a declaration may be asked to leave any meeting of the Council or a committee at which such matter is discussed for so long as such matter is being discussed. Officers who so declare shall not act in the matter and shall seek direction from the Chair or Registrar, as the case may be.

    12.02 A record shall be kept of all declarations of conflict.

    12.03 A member of the Council, or an officer of the College, has a conflict of interest when the member or officer makes a decision, or is present when a decision is made or participates in making a decision in the carrying out of his or her role that may directly or indirectly confer a benefit on the member or officer or any person with whom the member or officer does not deal at arms length, and at the same time knows that in the making of the decision there is the opportunity to further his or her private interest, or the private interest of a party with whom the member or officer does not deal at arms length, provided that members of Council shall be deemed not to have a conflict of interest when approving resolutions relating to:

    1. remuneration of the Council
    2. indemnification of Council members, or
    3. the acquisition of insurance in respect of the indemnification of Council members.

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    Section 13 - Indemnification

    13.01 Every member of the Council, and roster members or other persons who are appointed to Council committees or panels, and who are not Council members, every employee of the College, and their heirs, executors and administrators and their legal personal representatives, shall from time to time and at all times be indemnified and saved harmless out of the funds of the College from and against, all losses, costs, damages, expenses, liabilities, claims, demands and causes of action of whatever kind that he or she sustains or incurs or becomes subject to by reason of any act, deed, matter or thing whatsoever made, done or permitted or not made, done or permitted by him or her, in or about the execution of the duties of his or her office, and all other costs, charges and expenses that he or she sustains or incurs in or about or in relation to the affairs thereof, provided that he or she has acted honestly, in good faith, and with a view to the best interests of the College, and where the indemnification relates to a monetary fine or penalty arising from a criminal prosecution, he or she had reason to believe that such conduct was lawful; and provided further that such indemnification shall not be available in respect to such costs, charges or expenses as are occasioned by his or her own gross negligence, willful neglect or default.

    13.02 The College may purchase and maintain insurance for the benefit of any person referred to in section 13.01 against any liability incurred by the person in his or her capacity as a member of Council, member of a committee of the Council, roster members or other persons who are appointed to Council committees or panels, and who are not Council members, or officer or employee of the College who has acted honestly, in good faith, and with a view to the best interests of the College, except where the liability arises as a result of the person’s own gross negligence, willful neglect or default, provided that the amount of such insurance may be limited to such amount as the Council considers reasonable, and provided further that such insurance may indemnify only for matters for which indemnification is made pursuant to section 13.01.

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    Section 14 - Expenses

    14.01 Members of Council and committees, and roster members or other persons who are appointed to Council committees or panels, and who are not Council members, other than persons appointed by the Lieutenant-Governor-in-Council, shall be reimbursed by the College for reasonable travel and other expenses properly incurred by the member in attendance at a Council or a committee meeting, in accordance with policies adopted by Council.

    14.02    Any member of the College appointed by the Council to act on behalf of the College, or performing business on behalf of the College upon the direction of the Council or the Registrar, shall be reimbursed by the College for reasonable travel and other expenses reasonably incurred in the course of College business, in accordance with policies adopted by Council.

    14.03 The College may provide computers or other electronic devices, and related accessories to members of Council directly related to the conduct of the Council business, in accordance with policies adopted by Council.

    14.04 The College may provide funding for professional development activities of the Council, directly related to the conduct of the Council business in accordance with policies adopted by Council.

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    Section 15 - College Property

    15.01 The College shall maintain all risks property insurance in connection with its assets and operations and shall also maintain other types of insurance, including comprehensive general liability insurance with respect to claims for personal injury, death or property damage with respect to its operations, with responsible and reputable insurance companies in such amounts and with such deductibles as are reasonably determined to be adequate.

    15.02 The College shall maintain its assets that are used or useful in the conduct of its operations in good repair and working order and from time to time make all necessary repairs, replacements and renewals and additions thereto, all in accordance with sound business practice. In connection therewith, the College may dispose of such of its assets as are obsolete or are no longer required for such operations in such manner is as most beneficial to the College.

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    Section 16 - Annual Meeting of Members

    16.01 An annual meeting of the members shall be held in Ontario, at a place and time determined by the Chair of the Council, for the purpose of informing members of the activities of Council and the College. Notice of such a meeting shall be given by publication of it in the College's official publication.

    16.02 The annual meeting shall be Chaired by the Chair of Council or the Presiding Officer

    16.03 The business at the annual meeting of members shall consist of reports by the Council, the auditor and by one or more of the committees of Council.

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    Section 17 - Bylaws

    17.01 These bylaws may be added to, amended, or revoked by a majority vote at any meeting of Council and, if there is an equality of votes, the question shall be deemed to have been decided in the negative.

    17.02 Notice, including the text, of any proposed addition, amendment, or revocation of a bylaw shall be given by a member of the Council at the preceding Council meeting.

    17.03 Every bylaw and every amendment and revocation thereof shall be certified by the Chair or Vice-Chair and by the Registrar, sealed and maintained in a book.

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    Section 18 - College Publication

    18.01 The College shall distribute an official publication of the Council to members in good standing at least four (4) times a year.

    18.02The official publication shall include but not be limited to:

    1. the publication of decisions of Council and its committees
    2. notices of Council meetings
    3. notices of annual meetings
    4. a summary of committee reports
    5. notices of election
    6. election results
    7. nomination calls
    8. findings and orders in detail or in summary, other than interim orders made under section 29.3 of the Act.

    18.03

    1. Notwithstanding subsection 18.02, any publication of a decision, finding or order of a panel of the Discipline Committee, whether pursuant to section 30(5), paragraph 3 or otherwise, shall be subject to the approval of the panel of the committee that heard and determined the matter.
    2. Where there is a dissenting opinion prepared by a member of the panel and the decision, finding or order of the committee is to be published, in detail or summary, any publication will include the dissenting opinion, and the publication shall be subject to the approval of the member of the panel who prepared the dissenting opinion.

    18.04 The publication shall be available in both French and English.

    18.05 Editorial Board

    There shall be an Editorial Board to oversee the development of editorial and advertising policy and consideration of copy for the official publication of the College. The Board shall be treated as a special committee of Council.

    1. The Council shall appoint five (5) members of Council to the Editorial Board.
    2. Two (2) members of the Editorial Board shall be persons who were appointed to the Council under paragraph 4(2)(b) of the Act.
    3. Three (3) of the members of the Editorial Board shall be persons who were elected to Council under paragraph 4(2)(a) of the Act.
    4. A quorum on the Editorial Board is a majority of the number of positions on the committee, including a minimum of one person who was appointed to the Council under paragraph 4(2)(b) of the Act.

    18.06 Unless otherwise required by law or prescribed in the bylaws, the Chair of the Editorial Board shall be appointed by the Council.

    18.07 Unless otherwise provided for, the Editorial Board shall submit a report of its activities to Council, at least annually.

    18.08 A person appointed to the Editorial Board shall be a member of the Board until the first meeting of the next Council.

    18.09 Meetings of the Editorial Board may be held by any means that permits every person participating in the meeting to communicate with each other simultaneously.

    18.10 The Editorial Board that completes its term of office on June 30 of an election year continues to oversee the consideration of copy and advertising for the September issue of Professionally Speaking/Pour parler profession.

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    Section 19 - Code of Ethics for Council Members

    19.01 There shall be a Code of Ethics for members of the Council which shall be the Code of Ethics for Council Members adopted from time to time by the Council. (See Schedule 1).

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    Section 21 - Annual Membership Fees

    21.01 Every member shall pay an annual membership fee in accordance with this section.

    21.02 The first annual membership fee payable by a member shall become payable in the year of and prior to the issuance of that certificate of qualification and registration.

    21.03 The due date for the annual membership fee shall be January 1, other than as required under section 21.02.

    21.04 The annual fee shall be:

    a. $150 for 2014
    b. $150 for subsequent years until amended as provided by these bylaws.

    21.05 The Registrar shall notify every member whose fees have not been paid within thirty-five (35) days after the due date, of the amount of the fee, the due date, and the date on which the member will be considered in default of payment.

    21.06 A member who has not paid his or her membership fee within sixty (60) days following the notice referred to in section 21.05 will be considered in default of payment.

    21.07 Where a person is deemed by section 62 (1) of the Act to hold a certificate of qualification and registration but that person has failed to provide to the Registrar the information required in section 31 of these bylaws, the Registrar may provide the notice referred to in section 21.05 by causing to be published, in English and French language daily newspapers having provincial circulation in Ontario, a notice of the amount of the annual fee payable by members, the due date, and the date on which members will be considered in default of payment.

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    Section 22 - Application and Evaluation Fees

    22.01 The application and evaluation fees described in this section of the bylaws are inclusive of all applicable taxes.

    22.02 A person who submits an application for a certificate of registration shall pay, for the consideration by the Registrar of the application under section 18 of the Act, an application fee of $140.

    22.03 Where consideration of an application for registration involves an evaluation of the applicant’s qualifications obtained outside Ontario, the applicant shall pay an evaluation fee of $222 in addition to the application fee.

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    Section 23 - Other Fees and Penalties

    23.01 The fees and penalties described in this section of the bylaws are inclusive of all applicable taxes.

    23.02 A member who fails to pay an annual fee within 60 days of the Registrar's notice referred to in section 21.05 shall pay a late payment penalty of $24 in addition to the annual fee.

    23.03 A person whose certification of registration was suspended shall pay, for the removal of the suspension, a reinstatement fee of $130.

    23.04 A person whose certificate of registration was revoked shall pay, for the issuance of a new certificate of registration, a reinstatement fee of $99.

    23.05 A person who requests a review by the Registration Appeals Committee in accordance with section 20(4) or 22(2) of the Act shall pay a registration review fee of $99.

    23.06 In the event of the loss or destruction of a certificate of qualification and registration, the member shall pay a fee of $49 for the issuance of a duplicate certificate.

    23.07 A member who requests a duplicate of any other document issued by the College with respect to that member shall pay a fee of $24 per duplicate document to a maximum of $72.

    23.08 A member who requests a statement of good standing, shall pay a fee of $24 for the issuance of the statement.

    23.09 The Registrar may charge a fee for anything he or she is required or authorized to do under the Act or the regulations, and except where fees for those things are prescribed, the fee charged shall be set by the Registrar.

    23.10 That the application fee for the initial accreditation of programs of professional education and additions to programs of professional education be based on a one-time travel cost of $231.81 per person, and a daily per diem of $222.90 per person for the number of days needed to conduct a review.

    23.11 That the renewal fee for application for the accreditation of programs of professional education shall be based on a one-time travel cost of $231.81 per person, and a daily per diem of $222.90 per person for the number of days needed to conduct a site visit.

    23.12 That the application fee for accreditation of an additional qualification listed in Regulation 176/10 including Principal’s Qualification Program (PQP) and the Supervisory Officer’s Qualification Program (SOQP) be $99.06.

    23.13 That the renewal fee for application for accreditation of an additional qualification listed in Regulation 176/10 including Principal‘s Qualification Program (PQP) and the Supervisory Officer’s Qualification Program (SOQP) be $99.06.

    23.14 Accreditation Appeal Fees

    1. A provider of a program of professional education or a program of additional qualification who submits a Notice of Appeal under subsection 41(1) of Ontario Regulation 347/02 shall pay an appeal fee in an amount:
      1. equal to the fee paid by the provider for the accreditation of that program, and
      2. in the case of a program of professional education that
        1. was denied accreditation, or
        2. was granted accreditation with conditions, or
        3. had its accreditation revoked,

          and where the provider has requested a hearing, the appeal fee shall include an additional amount of $26,500.
    2. Fees must be paid in full by the provider to the College at the time of application for appeal.
      1. Refunds under this subsection must be paid by the College to the provider at the time of the decision of the accreditation appeal.
      2. In the case of an appeal of a program of professional education, the College shall refund fees to the provider where the cost of the site visit and/or panel review for the appeal was less than that required for the original accreditation.
      3. In the event of a successful appeal the College shall refund the appeal fee charged to the provider in the following cases:
        1. where an accreditation decision to deny accreditation is appealed, and the appeal results in the granting or confirming of accreditation,
        2. where an accreditation decision to deny accreditation is appealed, and the appeal results in the granting or confirming of accreditation, with one or more conditions,
        3. where an accreditation decision to grant accreditation with one or more conditions is appealed, and the appeal results in removal of all conditions.

    23.15 The non-refundable application fee for the Supervisory Officer’s Qualification Program/Prior Learning Assessment and Recognition (SOQP/PLAR) shall be $220. The per module/leadership practicum assessment fee shall be $640. The $640 for each module/practicum assessment requested shall be refunded if, after an initial evaluation of the academic and experience requirements, it is determined that the applicant is not eligible for the prior learning assessment and recognition process.

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    Section 24 - Name on the Register

    24.01 The member's name shown on the register shall be the name that appears on the member's application for registration.

    24.02 Despite section 24.01, in the case of those members deemed to hold a certificate of qualification and registration pursuant to section 62 of the Act, the member's name on the register shall be the full name that appeared on the members initial registration form, or as later advised in accordance with section 24.03.

    24.03

    1. A member may request in writing a change of the name that appears on the register and the registration documents issued by the College.
    2. Where a member requests a change of name, the member shall file with the Registrar a change of name certificate issued under the Change of Name Act, or other proof of the change of name satisfactory to the Registrar, for example:
      1. original birth certificate, or
      2. original or notarized baptismal record (Quebec) or
      3. change of name certificate or
      4. notarized copy of Canadian Immigration Record or
      5. notarized copy of passport used to enter Canada.
    3. For the purposes of subsection 24.03(b) above, where a member adopted a name on marriage before April 1, 1987, and has not subsequently changed that name, and the member requests a change of the name on the register to reflect the name adopted on marriage, the Registrar may accept as sufficient proof of the change of name, a statement signed by the member indicating:
      1. the date and place of the marriage
      2. the surname of the member immediately before the marriage
      3. the surname of the member adopted on marriage.
    4. Where a member requests a change to the name that appears on the register, the Registrar shall, upon receipt of satisfactory proof, including those items listed in subsection 24.03 (b), enter the new name on the register and issue a replacement certificate of qualification and certificate of registration to the member, bearing the new name, without charge to the member.

    24.04 For each member, the register shall contain a notation of both the original name of registration and of any change of name.

    24.05 Notwithstanding anything in the Act, the regulations, or bylaws, where it is necessary for personal safety, the Registrar may permit a different name to appear on the register or may permit the deletion of a former name from the register, upon request by the member.

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    Section 25 - Contents of the Register

    25.01 In addition to the information prescribed by section 23 of the Act, the register shall contain:

    1. each member's College registration number
    2. if the Discipline Committee has made a decision, or adopted a resolution, a notation stating:
      1. that fact
      2. the date of the decision or the date of the adoption of the resolution
      3. the finding, if any
      4. the fact of any penalty ordered, subject to any order made by the Discipline Committee pursuant to section 30(5) of the Act with respect to the period of time that any reprimand, admonishment or counselling shall be recorded on the register.
      5. if under appeal, a statement to that effect
      6. if a member is reinstated following revocation of the member's certificate a statement to that effect.
    3. subject to any order of the Fitness to Practise Committee, if a decision of the Fitness to Practise Committee has been made, a notation stating:
      1. that fact
      2. the date of the decision
      3. the disposition, if any
      4. if under appeal, a statement to that effect
    4. if the Investigation Committee adopts a resolution that provides for a notation to be included on the register, a notation stating:
      1. the fact of the adoption of the resolution
      2. the date of the adoption of the resolution
      3. the disposition, if any
      4. if under appeal, a statement to that effect
      5. if the resolution provides for the resolution, summary of the resolution or a part of the resolution to be published on the College’s website, a link to that publication
    5. where a matter has been referred to the Discipline Committee under section 26, 29 or 33 of the Act, a notation stating that fact and the date of the referral.
    6. the date on which the member’s certificate of qualification and registration was issued and, if applicable, the termination or expiration date
    7. the basic qualifications of the member as entered on the member’s certificate of qualification
    8. any additional qualifications of the member as entered on the member’s certificate of qualification
    9. any program of teacher education which has been completed by the member and entered on the member’s certificate of qualification.
    10. any undergraduate, graduate or post-graduate degree granted to a member, with the name of the post-secondary educational institution authorized to grant the degree, and the date the member completed the degree.
    11. a summary of a restriction imposed on a member’s eligibility to teach or practise the profession as a result of an undertaking or an agreement entered into between the member and the College or one of its statutory committees.

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    Section 26 - Information to be Removed from the Register

    26.01 Notwithstanding section 23 of the Act, and other provision of the bylaws:

    1. if:

      1. a finding of professional misconduct was made against a member, and
      2. the penalty imposed was limited to a reprimand, admonishment, counselling, or a fine, and
      3. at least three (3) years have elapsed since the order became final,

      the finding of professional misconduct and  the order shall be removed from the register, subject to any order of the Discipline Committee;

    2. if:

      1. a finding of professional misconduct, incompetence or incapacity was made against a member or conditions were imposed by the Registration Appeals Committee or the Registrar;
      2. the order imposed was limited to terms, conditions or limitations imposed upon a member’s certificate, and
      3. the terms, conditions, or limitations have been fulfilled or removed from the certificate

      the content of the terms, conditions, or limitations and related finding if applicable shall be removed from the register, subject to any order of the Discipline, Fitness to Practise, or Registration Appeals Committees.

    26.02 Where a member's certificate of qualification and registration has been suspended by the Registrar pursuant to section 24(1) of the Act, and that suspension has been removed pursuant to section 24 (3), the notation of that suspension shall be removed from the register.

    26.03 Where a matter has been referred to the Discipline Committee under section 26, 29 or 33 of the Act, a notation stating that fact and the date of the referral shall be removed from the register when a notation that a Notice of Hearing for the matter has been issued appears on the register.

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    Section 27 - Changes to the Register

    27.01 A member shall notify the Registrar in writing of any change in the information to be maintained in the register.

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    Section 28 - Complaints

    28.01 A complaint filed pursuant to section 26 of the Ontario College of Teachers Act, 1996 shall:

    1. be in writing, or recorded on a tape, film, disk or other medium
    2. contain the name of the member who is the subject of the complaint,
    3. in the case of a complaint under paragraph 26(1) (a) or (b) of the Act, contain the full name, address and telephone number of the person making the complaint,
    4. include a description of the conduct or actions of the member about which the complaint is being made, and
    5. contain a "Request to Initiate Investigation" form as provided for in the bylaws and signed by the complainant.

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    Section 29 - Certificates and Other Documents

    29.01 Certificates of qualification and registration, including all classes of certificates issued by the College shall be in such form or forms, as the Registrar shall from time to time approve.

    29.02 Summonses, notices, orders, and other documents issued by the College shall be in such form or forms, as the Registrar shall from time to time approve.

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    Section 30 - Approval of Forms or Formats

    30.01 The Registrar may from time to time approve forms or formats to be used for the submission of information to the College in accordance with the Act, regulations, or bylaws, and the specified information shall be required to be submitted in the form specified.

    30.02 The form approved by the Registrar for persons applying for a certificate of qualification and registration, shall, inter alia, require the applicant to provide:

    1. an applicant declaration and criminal record declaration which the applicant shall complete
    2. an original Canadian criminal record check report not more than six months old at the date of receipt by the College
    3. other information related to either the Criminal Record Declaration or the Criminal Record Check Report, that the Registrar may request in order to consider the application.

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    Section 31 - Information to be Provided to the College

    31.01 A member shall notify the Registrar in writing or in another form acceptable to the Registrar of the following:

    1. the member’s business address(es) and telephone number(s) where the member is employed as a teacher and/or in which the member is in a position of trust or authority over children or students or in education.
    2. the member's home address and telephone number, at the member's principal residence
    3. the member's date of birth
    4. the member's social insurance number
    5. the member's gender
    6. whether the member prefers to use English or French in the member's dealings with the College
    7. the member's full name, and former names if any
    8. the name of the member as it appeared on the member's Ontario Teacher's Certificate, if applicable
    9. the member's country of citizenship
    10. the identity of any other jurisdiction in which the member is authorized to teach, and the date on which such authorization was granted.
    11. the member’s email address.

    31.02 If there is a change in the information provided under section 31.01, the member shall notify the Registrar in writing or in another form acceptable to the Registrar of the change within thirty (30) days of the effective date of the change.

    31.03 A member shall provide the following to the College when requested to do so by the Registrar, and in the form prescribed by the Registrar:

    1. a description of the program or programs of professional education, including any programs leading to additional qualifications, or other teacher education completed by the member
    2. a description of any academic programs or qualifications completed or received by the member
    3. a description of the member's previous teaching experience.

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    Section 32 - Professional and Ethical Standards

    32.01 The following are hereby prescribed as standards of practice for the teaching profession:

    1. Commitment to Students and Student Learning
      Members are dedicated in their care and commitment to students. They treat students equitably and with respect and are sensitive to factors that influence individual student learning. Members facilitate the development of students as contributing citizens of Canadian society.
    2. Professional Knowledge
      Members strive to be current in their professional knowledge and recognize its relationship to practice. They understand and reflect on student development, learning theory, pedagogy, curriculum, ethics, educational research and related policies and legislation to inform professional judgment in practice.
    3. Professional Practice
      Members apply professional knowledge and experience to promote student learning. They use appropriate pedagogy, assessment and evaluation, resources and technology in planning for and responding to the needs of individual students and learning communities. Members refine their professional practice through ongoing inquiry, dialogue and reflection.
    4. Leadership in Learning Communities
      Members promote and participate in the creation of collaborative, safe and supportive learning communities. They recognize their shared responsibilities and their leadership roles in order to facilitate student success. Members maintain and uphold the principles of the ethical standards in these learning communities.
    5. Ongoing Professional Learning
      Members recognize that a commitment to ongoing professional learning is integral to effective practice and to student learning. Professional practice and self-directed learning are informed by experience, research, collaboration and knowledge.

    32.02. The following are hereby prescribed as the ethical standards for the teaching profession:

    1. Care
      The ethical standard of Care includes compassion, acceptance, interest and insight for developing students’ potential. Members express their commitment to students’ well being and learning through positive influence, professional judgment and empathy in practice.
    2. Respect
      Intrinsic to the ethical standard of Respect are trust and fair-mindedness. Members honour human dignity, emotional wellness and cognitive development. In their professional practice, they model respect for spiritual and cultural values, social justice, confidentiality, freedom, democracy and the environment.
    3. Trust
      The ethical standard of Trust embodies fairness, openness and honesty. Members’ professional relationships with students, colleagues, parents, guardians and the public are based on trust.
    4. Integrity
      Honesty, reliability and moral action are embodied in the ethical standard of Integrity. Continual reflection assists members in exercising integrity in their professional commitments and responsibilities.

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    Section 33 - Roster of Panellists

    33.01 Members of a roster of panellists described in Section 17 (3) of the Ontario College of Teachers Act shall be either current or former members of Council, or a person appointed under Section 17 (4) of the Ontario College of Teachers Act.

    33.02 The Registrar shall develop procedures for maintaining a list of members of the roster.

    33.03 The Registrar shall provide appropriate training and orientation for members of the roster before such members perform duties or exercise powers under the Ontario College of Teachers Act.

    33.04 A member of the roster for the Investigation Committee may not be on a roster for the Discipline Committee or a roster for the Fitness to Practise Committee.

    33.05 Members of the roster described in section 17.3 of the Act shall, in the performance of their duties, comply with the provisions of the Act, the regulations made under the Act and the bylaws of the College.

    33.06 The Council shall disqualify a member of the roster from sitting on panels if the member:

    1. is found by the Discipline Committee to be guilty of professional misconduct or to be incompetent
    2. is found by the Fitness to Practise Committee to be incapacitated
    3. fails, without cause, to attend a hearing of a panel of a committee for which he or she has been selected.

    33.07 A member of the roster who is the subject of a proceeding before the Discipline Committee or the Fitness to Practise Committee as a result of a referral under section 26 or 29 of the Act is suspended from the roster and any panel pending the outcome of the proceeding.

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    Section 34 - Roster of Panellists for Accreditation Committee Panels and Accreditation Appeal Committee Panels

    34.01 A roster of panellists shall be established for the purposes of the Accreditation Regulation as described in paragraph 6 of subsection 6(2) and in paragraph 4 of subsection 39(2) thereof.

    34.02 Members of the roster of panellists shall be persons with expertise or experience in teacher education program evaluation or persons who are, or were, educators in a faculty or school of education.

    34.03 The Registrar shall develop procedures for maintaining a list of members of the roster.

    34.04 The Registrar shall provide appropriate training and orientation for members of the roster before such members perform duties or exercise powers under the Accreditation Regulation.

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    Section 35 - Conflict of Interest for Members of Accreditation Committee Panels and Accreditation Appeal Committee Panels

    35.01 Members of the panels shall, in the performance of their duties, comply with the provisions of the Act, the regulations made under the Act and the bylaws of the College.

    35.02 The following conflict of interest guidelines are established for application to every member of an accreditation panel or appeal panel as referred to in subsections 6(7) and 39(6) of the Accreditation Regulation.

    A person shall not carry out the functions of an accreditation panel or appeal panel if that person:

    1. has a contract, is in partnership or is a private company engaged in business with the permitted institution whose program is under review,
    2. has acted as an associate teacher for the permitted institution whose program is under review during the previous two years,
    3. has family members who are employed by, or are students enrolled at, the permitted institution whose program is under review,
    4. has been paid as a consultant during the previous two years or has received an honorary degree from the permitted institution whose program is under review,
    5. has any other relationship with the permitted institution whose program is under review, as a result of which the participation of the person in the functions of the panel may directly or indirectly confer a benefit on the person or any person with whom the person does not deal at arm's length.

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    Section 36 - Disqualification of College Members of Accreditation Committee Panels and Accreditation Appeal Committee Panels

    36.01 The Council shall disqualify a member of the panel who is a member of the College if the member:

    1. is found by the Discipline Committee to be guilty of professional misconduct or to be incompetent
    2. is found by the Fitness to Practise Committee to be incapacitated
    3. fails, without cause, to attend a session of a panel of a committee for which he or she has been selected.

    36.02 A member of the panel who is the subject of a proceeding before the Discipline Committee or the Fitness to Practise Committee as a result of a referral under section 26 or 29 of the Act shall be suspended from the roster and any panel pending the outcome of the proceeding.

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    Section 37 - The Ontario College of Teachers Foundation

    37.01 The "Ontario College of Teachers Foundation" shall be established as a charitable organization for the purposes of recognizing and suppo


    rting excellence in teacher education.

    37.02 The Ontario College of Teachers Foundation may:

    1. award scholarships, bursaries and prizes to assist in the education of teachers or persons wishing to become teachers.

    37.03(a) The Ontario College of Teachers Foundation shall be a corporation without share capital and shall be governed by a board of directors, which shall manage and administer its affairs.

    37.03(b) The board of directors shall be appointed by the Council of the Ontario College of Teachers and shall be comprised of Registrar and the members of the Ontario College of Teachers’ Executive Committee.

    37.03(c) The terms of office of the board of directors shall expire when the terms of office of the Council members expire.

    37.03(d) The Deputy Registrar shall be appointed by the Council of the Ontario College of Teachers to act as the executive director of the Ontario College of Teachers Foundation.

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    Schedules

    Schedule 1: Code of Ethics for Council Members

    Members of Council shall, in the performance of their duties:

    Comply with the provisions of the Ontario College of Teachers Act, 1996, the regulations made under the Act and the bylaws of the College.

    Familiarize themselves with the Act, the regulations, the bylaws, and any other records and documents that may be necessary for the performance of the duties of their office.

    Take part in the committee work of the College and serve actively during their term of office on any committees to which they have been appointed.

    Ensure that confidential matters coming to their attention as members of the Council are not disclosed by them except as required for the performance of their duties or as directed by the Council or the Chair.

    Recognize the distinction between their corporate and individual authority as council members and conduct themselves accordingly with College staff, members of the College and the public.

    Exercise care, diligence, skill and prudence in carrying out the business of the College.

    Conscientiously perform duties on behalf of the officers of the College, as requested.

    Seek to enhance the public perception of the College and the profession of teaching.

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