New Reporting Obligations for College Members

Bill 229, or the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020, amended the Ontario College of Teachers Act to include new reporting obligations for College members for (1) offences and (2) charges, bail conditions or other restrictions. These reporting obligations took effect on December 8, 2020 and are set out below. Failure to comply with these reporting obligations may constitute professional misconduct.

The College consulted with College members and the public in spring 2021 in order to inform the development of regulations governing the member reporting obligations noted above. The consultations sought feedback on other proposed reporting obligations related to findings of professional negligence made against the member, any findings of professional misconduct or incompetence made against the member by another body that governs a profession inside or outside of Ontario, or any other findings or decisions that relate to the member’s suitability to practise.

It is important to note that the College is required to post on the public register current or previous criminal proceedings involving a member that are relevant to their membership, including any undertakings of a member in relation to that proceeding. The public register must also contain any restrictions imposed on a member’s eligibility to teach by an order of a court or other lawful authority, including the name and location of the court or authority and the date the order was made.

1. New Reporting Obligation - Offences

College members shall file a report in writing with the Registrar if they have been found guilty of an offence. The report shall be filed as soon as reasonably practicable after the member receives notice of the finding of guilt. The report must contain:

1. the name of the member filing the report;
2. the nature of, and a description of the offence;
3. the date the member was found guilty of the offence;
4. the name and location of the court that found the member guilty of the offence; and
5. the status of any appeal initiated respecting the finding of guilt.

The report shall not contain any information that violates a publication ban. An additional report shall be filed by the member if there is a change in status of the finding of guilt as the result of an appeal.

2. New Reporting Obligation - Charges, Bail Conditions or Other Restrictions

College members shall file in writing a report with the Registrar if the member has been charged with an offence, and the report shall include information about every bail condition or other restriction imposed on, or agreed to, by the member in connection with the charge. The report must be filed as soon as reasonably practicable after the member receives notice of the charge, bail condition or restriction.

The report must contain:

1. the name of the member filing the report;
2. the nature of, and a description of, the charge;
3. the date the charge was laid against the member;
4. the name and location of the court in which the charge was laid or in which the bail condition or restriction was imposed on or agreed to by the member;
5. every bail condition imposed on the member as a result of the charge;
6. any other restriction imposed on or agreed to by the member relating to the charge; and
7. the status of any proceedings with respect to the charge.

The report shall not contain any information that violates a publication ban. An additional report shall be filed by the member if there is a change in status of the charge or bail conditions.