Ontario Regulation 605/21
made under the
Ontario College of Teachers Act, 1996
Made: August 12, 2021 Approved: August 26, 2021 Filed: August 30, 2021 Published on e-Laws: August 30, 2021 Printed in The Ontario Gazette: September 18, 2021
Amending O. Reg. 176/10
(TEACHERS’ QUALIFICATIONS)
1. (1) Subsection 4 (3) of Ontario Regulation 176/10 is amended by adding the following clause:
(d.1)  for any application completed on or after January 1, 2022, regardless of when the application was commenced, evidence satisfactory to the Registrar that the applicant has successfully completed the sexual abuse prevention program educational requirements referred to in subsection 47.2 (3) of the Act;
(2) Section 4 of the Regulation is amended by adding the following subsection:
(4) For the purposes of clause (3) (d.1), an application is not complete until all supporting documents and evidence for the application have been provided to the satisfaction of the Registrar.
2. (1) Subsection 6.1 (3) of the Regulation is amended by adding the following clause:
(c.1)  for any application completed on or after January 1, 2022, regardless of when the application was commenced, evidence satisfactory to the Registrar that the applicant has successfully completed the sexual abuse prevention program educational requirements referred to in subsection 47.2 (3) of the Act;
(2) Section 6.1 of the Regulation is amended by adding the following subsection:
(4) For the purposes of clause (3) (c.1), an application is not complete until all supporting documents and evidence for the application have been provided to the satisfaction of the Registrar.
3. (1) Subsection 6.2 (3) of the Regulation is amended by adding the following clause:
(c.1)  for any application completed on or after January 1, 2022, regardless of when the application was commenced, evidence satisfactory to the Registrar that the applicant has successfully completed the sexual abuse prevention program educational requirements referred to in subsection 47.2 (3) of the Act;
(2) Clause 6.2 (3) (g) of the Regulation is revoked and the following substituted:
(g)  if the previous certificate was a transitional certificate of qualification and registration and the applicant is not applying for a new transitional certificate under section 14.1, evidence satisfactory to the Registrar that the requirements of section 16, as they read on the day the certificate was granted, have been satisfied;
(g.0.1) if the previous certificate was a transitional certificate of qualification and registration and the applicant is applying for a new transitional certificate under section 14.1, evidence satisfactory to the Registrar that the applicant has satisfied the condition imposed pursuant to subsection 2 (5.1) of Ontario Regulation 271/19 (Proficiency in Mathematics) made under the Act;
(3) Clause 6.2 (3) (j) of the Regulation is revoked and the following substituted:
(j)  evidence satisfactory to the Registrar that the applicant has satisfied any terms, conditions or limitations included on the previous certificate at the time of its cancellation if,
(i)  the applicant is not applying for a new general certificate under section 13.3, and
(ii)  the previous certificate would not have been subject to subsection 36 (3) if it had been held on May 19, 2010;
(j.1)  evidence satisfactory to the Registrar that the applicant has satisfied the condition imposed pursuant to subsection 2 (3) of Ontario Regulation 271/19 (Proficiency in Mathematics) made under the Act if,
(i)  the applicant is applying for a new general certificate under section 13.3, and
(ii)  the previous certificate would not have been subject to subsection 36 (3) if it had been held on May 19, 2010; and
(4) Section 6.2 of the Regulation is amended by adding the following subsection:
(4) For the purposes of clause (3) (c.1), an application is not complete until all supporting documents and evidence for the application have been provided to the satisfaction of the Registrar.
4. Subsection 13.2 (1) of the Regulation is amended by adding “Subject to section 13.3” at the beginning.
5. The Regulation is amended by adding the following section:
Same
13.3 (1) For an applicant described in subsection 6.2 (1) who previously held a general certificate of qualification and registration and whose certificate was cancelled for failure to satisfy the condition imposed pursuant to subsection 2 (3) of Ontario Regulation 271/19 (Proficiency in Mathematics) made under the Act, the Registrar may grant a general certificate of qualification and registration if the Registrar has satisfactory evidence that the applicant has,
(a)  complied with sections 6.2 and 9;
(b)  paid all fees required under the by-laws for the issuance of the certificate; and
(c)  satisfied the condition imposed on the previous certificate pursuant to subsection 2 (3) of Ontario Regulation 271/19 (Proficiency in Mathematics) made under the Act.
(2) A general certificate of qualification and registration referred to in subsection (1) shall,
(a)  expire three years after the day it is granted under subsection (1), unless it is extended under subsection (4); and
(b)  be subject to the conditions recorded on the certificate pursuant to subsection 12 (3) at the time of cancellation.
(3) The Registrar may remove the conditions referred to in clause (2) (b) from a general certificate of qualification and registration granted under subsection (1) if the applicant submits, before the certificate expires, evidence satisfactory to the Registrar that the applicant has satisfied the conditions referred to in clause (2) (b) and, once the conditions are removed, clause (2) (a) does not apply to the certificate.
(4) The Registrar may extend a general certificate of qualification and registration granted under subsection (1) for one year if the holder of the certificate submits to the Registrar, before the certificate expires, evidence satisfactory to the Registrar that they are a member of the College in good standing and that there are exceptional circumstances that prevented them from satisfying the conditions identified under clause (2) (b).
6. The Regulation is amended by adding the following section:
Applicants under s. 6.2
14.1 (1) For an applicant described in subsection 6.2 (1) who previously held a transitional certificate of qualification and registration and whose certificate was cancelled for failure to satisfy a condition imposed pursuant to subsection 2 (5.1) of Ontario Regulation 271/19 (Proficiency in Mathematics) made under the Act, the Registrar may grant a transitional certificate of qualification and registration, valid for a period determined in accordance with subsection (2), if the Registrar has satisfactory evidence that the applicant,
(a)  has complied with sections 6.2 and 9;
(b)  has paid all fees required under the by-laws for the issuance of the certificate;
(c)  has satisfied the condition imposed on the previous certificate pursuant to subsection 2 (5.1) of Ontario Regulation 271/19;
(d)  has met the requirements set out in subsection 14 (2), (3), (4), (5) or (6); and
(e)  is, at the time of application, enrolled in a multi-session program of professional education referred to in subsection 14 (2), (3), (4), (5) or (6).
(2) A transitional certificate of qualification and registration referred to in subsection (1) is valid for a period determined as follows:
1.  Determine the period of time between the day the transitional certificate of qualification and registration was originally granted under section 14 and the day the certificate expired.
2.  Subtract the period of time determined under paragraph 1 from six years.
7. Section 16 of the Regulation is amended by striking out “section 14 or 15” in the portion before clause (a) and substituting “section 14, 14.1 or 15”.
8. Section 17 of the Regulation is amended by striking out “section 14 or 15” and substituting “section 14, 14.1 or 15”.
9. (1) Subsection 18 (1) of the Regulation is amended by striking out “13.2, 14” and substituting “13.2, 13.3, 14, 14.1”.
(2) Section 18 of the Regulation is amended by adding the following subsection:
(3) If a certificate of qualification and registration is issued with a condition pursuant to subsection 2 (3) or (5.1) of Ontario Regulation 271/19 (Proficiency in Mathematics) made under the Act that must be satisfied within a specified period and the condition is not satisfied within that period, the certificate expires as of the first day immediately following the specified period.
10. Subsection 19 (1) of the Regulation is amended by striking out “and” at the end of clause (e) and by adding the following clause:
(e.1)  whether the applicant or member has successfully completed the sexual abuse prevention program educational requirements referred to in subsection 47.2 (3) of the Act; and
11. Section 19.1 of the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:
(d)  indicate whether the applicant has successfully completed the sexual abuse prevention program educational requirements referred to in subsection 47.2 (3) of the Act.
12. Subsection 25 (2) of the Regulation is amended by striking out “subsection 12 (1)” in the portion before clause (a) and substituting “subsection 12 (1) or 13.3 (1)”.
13. Section 37 of the Regulation is amended by adding the following subsection:
(12) An applicant referred to in subsection (5), (6), (8), (9), (10) or (11) who completes an application for a certificate of qualification and registration on or after January 1, 2022, regardless of when the application was commenced, shall provide, as part of their application, evidence satisfactory to the Registrar that the applicant has successfully completed the sexual abuse prevention program educational requirements referred to in subsection 47.2 (3) of the Act.
14. The Regulation is amended by adding the following Part:
PART V Ongoing Education REQUIREMENTS
Sexual abuse prevention program, existing members on January 1, 2022
50.1 (1) Every person who is a member of the College in good standing on January 1, 2022 shall, on or before August 31, 2022,
(a)  complete the sexual abuse prevention program educational requirements referred to in subsection 47.2 (3) of the Act; and
(b)  provide evidence satisfactory to the Registrar that they have successfully completed the program.
(2) Despite subsection (1), the Registrar may accept evidence referred to in clause (1) (b) on or before August 31, 2023 if,
(a)  in the Registrar’s opinion, there are exceptional circumstances that prevent the member from successfully completing the program; and
(b)  the member applied for the extension on or before August 31, 2022.
Sexual abuse prevention program, members post-January 1, 2022
50.2 (1) An applicant under section 5 who becomes a member of the College after January 1, 2022 shall, within one year after becoming a member,
(a)  complete the sexual abuse prevention program educational requirements referred to in subsection 47.2 (3) of the Act; and
(b)  provide evidence satisfactory to the Registrar that they have successfully completed the program.
(2) Despite subsection (1), the Registrar may extend the one-year period referred to in subsection (1) by one year if,
(a)  in the Registrar’s opinion, there are exceptional circumstances that prevent the member from successfully completing the program; and
(b)  the member applied for the extension before the end of the one-year period referred to in subsection (1).
Commencement
15. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Sections 1 and 2, subsections 3 (1) and (4) and sections 10, 11, 13 and 14 come into force on the later of the day section 30 of Schedule 33 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force
and the day this Regulation is filed.
Made by: Pris par :
Transition Supervisory Officer: Le superviseur de la transition :
Paul Boniferro
Date made: August 12, 2021 Pris le : 12 août 2021
 
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