Early Childhood Educators Act, 2007, S.O. 2007, c. 7, Sched. 8

• Jurisdiction: Ontario

Early Childhood Educators Act, 2007

S.o. 2007, chapter 7
Schedule 8

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 11, Sched. 1.

CONTENTS

Part I
Interpretation

Definitions

1 (1) In this Act,

“by-laws” means the by-laws made under this Act; (“règlements administratifs”)

“child” means a person under the age of 18 years; (“enfant”)

“College” means the College of Early Childhood Educators established under section 6; (“Ordre”)

“complaint resolution process” means a process that includes mediation, conciliation, negotiation, or any other means of facilitating the resolution of issues in dispute; (“processus de règlement des plaintes”)

“Council” means the Council of the College established in accordance with section 8; (“conseil”)

“health professional” means a member of a health profession within the meaning of the Regulated Health Professions Act, 1991; (“professionnel de la santé”)

“Minister” means the Minister of Education or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“prescribed sexual act” means an act of a sexual nature that is prohibited under the Criminal Code (Canada) and is prescribed by a regulation made under clause 45 (1) (c.2) of this Act; (“acte sexuel prescrit”)

“professional misconduct” means,

(a) sexual abuse of a child,

(b) sexual misconduct,

(c) engaging in prohibited acts involving child pornography,

(c.1) engaging in a prescribed sexual act,

(d) conduct that contravenes this Act, the regulations or the by-laws,

(e) conduct that contravenes an order of the Discipline Committee, the Complaints Committee, the Council or the Registrar, or

(f) any other act or conduct prescribed by the regulations; (“faute professionnelle”)

“prohibited act involving child pornography” means any act prohibited under section 163.1 of the Criminal Code (Canada); (“acte interdit impliquant de la pornographie juvénile”)

“regulations” means the regulations made under this Act. (“règlements”)

“sexual abuse” of a child by a member means,

(a) sexual intercourse or other forms of physical sexual relations between the member and the child,

(b) touching, of a sexual nature, of the child by the member, or

(c) behaviour or remarks of a sexual nature by the member towards the child; (“mauvais traitements d’ordre sexuel”)

“sexual misconduct” means inappropriate behaviour or remarks of a sexual nature by the member that is not sexual abuse of a child, where,

(a) one or more children are exposed to the behaviour or remarks, or the member knows or ought to know that one or more children are likely to be exposed to the behaviour or remarks, and

(b) a reasonable person would expect the behaviour or remarks to have the effect of,

(i) causing distress to a child exposed to the behaviour or remarks,

(ii) being detrimental to the physical or mental well-being of a child, or

(iii) creating a negative environment for a child exposed to the behaviour or remarks. (“inconduite sexuelle”) 2007, c. 7, Sched. 8, s. 1; 2014, c. 11, Sched. 3, ss. 1 (1, 2); 2018, c. 8, Sched. 8, s. 1; 2019, c. 3, Sched. 1, s. 1 (1, 2).

Same, electronic means

(2) For greater certainty, for the purposes of the definitions of “sexual abuse” and “sexual misconduct” in subsection (1), behaviour, remarks and conduct include acts or remarks that are done or made by electronic means. 2014, c. 11, Sched. 3, s. 1 (3).

Exception

(3) For the purposes of clauses (b) and (c) of the definition of “sexual abuse” in subsection (1),

“sexual nature” does not include,

(a) touching or behaviour that is necessary for the purposes of diapering, toileting, washing or dressing a child as part of an early childhood educator’s professional responsibilities, or

(b) remarks that are pedagogically appropriate. 2019, c. 3, Sched. 1, s. 1 (3).

Section Amendments with date in force (d/m/y)

2014, c. 11, Sched. 3, s. 1 (1-3) - 31/08/2015

2018, c. 8, Sched. 8, s. 1 - 30/10/2020

2019, c. 3, Sched. 1, s. 1 (1-3) - 03/04/2019

Practice of early childhood education

2 The practice of early childhood education is the planning and delivery of inclusive play-based learning and care programs for children in order to promote the well-being and holistic development of children, and includes,

(a) the delivery of programs to children 12 years or younger;

(b) the assessment of the programs and of the progress of children in the programs;

(c) communication with the parents or persons with legal custody of the children in the programs in order to improve the development of the children; and

(d) such other services or activities as may be prescribed by the regulations. 2007, c. 7, Sched. 8, s. 2; 2014, c. 11, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2014, c. 11, Sched. 3, s. 2 - 31/08/2015

Part II
Prohibitions

Practice

3 (1) No person shall engage in the practice of early childhood education or hold himself or herself out as able to do so unless the person holds a certificate of registration issued under this Act. 2007, c. 7, Sched. 8, s. 3 (1).

Application

(2) Subsection (1) does not apply to any of the following persons:

1. A person employed as a teacher or teaching assistant in an institution that is a school as defined in subsection 1 (1) of the Education Act.

1.1 A person who, under the authority of a letter of permission, is appointed by a board as defined in subsection 1 (1) of the Education Act to a position designated by the board as requiring an early childhood educator.

2. A person who is employed in a child care centre or by a home child care agency, a person who provides home child care or in-home services or any other person prescribed for the purpose under the Child Care and Early Years Act, 2014 if, pursuant to that Act and the regulations made under it, the person is not required to,

i. hold a certificate of registration, or

ii. satisfy the requirements for qualifying for a certificate prescribed by the regulations made under this Act.

3. A person who, pursuant to subsection 6 (3) or (4) of the Child Care and Early Years Act, 2014, is not required to hold a licence to operate a child care centre, and who provides child care in the circumstances described in paragraph 2 or 3 of subsection 6 (3) of that Act, or, if relevant, in subsection 6 (4) of that Act.

4.-6. Repealed: 2014, c. 11, Sched. 3, s. 3 (5).

7. Any other person or class of persons prescribed by a regulation made under subsection 45 (1). 2007, c. 7, Sched. 8, s. 3 (2); 2010, c. 10, s. 29; 2014, c. 11, Sched. 3, ss. 3 (1, 5).

Same

(3) The exemption provided under subsection (2) does not apply to a person who has satisfied the educational and training requirements prescribed by the regulations for qualifying for a certificate. 2014, c. 11, Sched. 3, s. 3 (6).

Definitions

(4) In this subsection, “child care centre”, “home child care agency” and “home child care” have the same meaning as in the Child Care and Early Years Act, 2014. 2014, c. 11, Sched. 3, s. 3 (10).

Section Amendments with date in force (d/m/y)

2010, c. 10, s. 29 - 3/06/2010; CTS 20 SE 10 - 2

2014, c. 11, Sched. 3, s. 3 (1-10) - 31/08/2015

Use of title

4 No person except a member of the College shall use the English title “early childhood educator” or “registered early childhood educator” or the French title “éducatrice de la petite enfance”, “éducateur de la petite enfance”, “éducatrice de la petite enfance inscrite” or “éducateur de la petite enfance inscrit” or an abbreviation of any of those titles to describe themselves or their profession. 2007, c. 7, Sched. 8, s. 4.

Holding out as early childhood educator

5 No person except a member of the College shall represent or hold out expressly or by implication that he or she is a member of the College. 2007, c. 7, Sched. 8, s. 5.

PART III
COLLEGE

College established

6 (1) A college is established under the name College of Early Childhood Educators in English and Ordre des éducatrices et des éducateurs de la petite enfance in French. 2007, c. 7, Sched. 8, s. 6 (1).

Body corporate

(2) The College is a body corporate without share capital and with all the powers of a natural person. 2007, c. 7, Sched. 8, s. 6 (2).

Non-application of certain Acts

(3) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the College. 2007, c. 7, Sched. 8, s. 6 (3); 2010, c. 15, s. 221.

Section Amendments with date in force (d/m/y)

2010, c. 15, s. 221 - 19/10/2021

Duty and objects

Duty to protect public interest

7 (1) In carrying out its objects, the College’s primary duty is to serve and protect the public interest. 2007, c. 7, Sched. 8, s. 7 (1).

Objects

(2) The College has the following objects:

1. To regulate the practice of early childhood education and to govern its members.

2. To develop, establish and maintain qualifications for membership in the College.

3. To accredit programs in early childhood education offered by post-secondary educational institutions and other bodies.

3.1 To provide for the ongoing education of members of the College and to accredit ongoing education programs.

4. To issue certificates of registration to members of the College and to renew, amend, suspend, cancel, revoke and reinstate those certificates.

5. To establish an appeal mechanism for registration decisions.

6. To establish and enforce professional standards and ethical standards that are applicable to members of the College and that demonstrate a respect for diversity and a sensitivity to the multicultural character of the Province.

7. To receive and investigate complaints against members of the College and to deal with issues of discipline...