Share
Responsibilities
Criminal Charges – Self-Reporting Obligations to the OCT and CECE
February 01, 2024
Criminal Charges – Self-Reporting Obligations to the OCT and CECE
As of December 8, 2020, new self-reporting obligations for members came into force at both the Ontario College of Teachers (OCT) and the College of Early Childhood Educators (CECE) in relation to offences and charges. The reporting provisions are identical in both the OCT Act and the CECE Act (“the Acts”). Members should be aware of their reporting obligations to ensure they comply if they are facing charges or have been found guilty of an offence. Failure to comply can result in professional misconduct findings in addition to any findings that might be made in relation to the charges or convictions at issue.
Members of the OCT and/or CECE must self-report to their College not only if they have been found guilty of an offence, but also if they have been charged, as well as any bail conditions or restrictions:
OCT Act, s. 51.1 (1) A member shall file a report in writing with the Registrar if the member has been found guilty of an offence.
OCT Act, s. 51.2 (1) A member shall file a report in writing 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 above language is mirrored in the following clauses of the CECE Act:
(CECE Act, s. 57.1 (1) and CECE Act, s. 57.2 (1))
Members should be aware that the provisions requiring them to report offences or charges apply to any offences for which a member has been found guilty during the entire period that they have been members of their College, including the period before the reporting provisions came into force.
Therefore, the duty to report offences or charges is not restricted to matters that arise after December 8, 2020, but also applies retroactively. The only exception is for charges that were laid prior to December 8, 2020, and were resolved without any finding of guilt. If the charges resulted in a finding of guilt or remain outstanding, they must be reported.
The OCT and the CECE reporting requirements include offences under the Criminal Code of Canada, Controlled Drugs and Substances Act, and provincial laws, but do not include offences under the Highway Traffic Act (e.g., speeding tickets), parking tickets, or municipal by-law infractions. The CECE also adds “or any other offence relevant to the member’s suitability to practice the profession.”
NOTE: CECE members are also required to report “[e]very allegation that has been verified by a children’s aid society or other body that has similar responsibility” as a requirement of their registration, however, this is not a requirement covered by the offence and charge reporting provisions under the CECE Act (see O. Reg. 221/08, s. 5(2)).
When a member is found guilty of an offence, the report must contain:
(OCT Act, s. 51.1 (3) and CECE Act, s. 57.1(3))
When a member is charged, the report must contain:
(OCT Act, s. 51.2 (3) and CECE Act, s. 57.2 (3))
In making these reports, a member must be mindful of any publication bans that may have been ordered and must not include any information in the report that would violate a publication ban. For example, if the case involves a student and the court has ordered a publication ban on the name of the student, then the member cannot name the student in their report to the College.
The Acts require the member to make this report “as soon as reasonably practicable after the member receives notice of the charge, bail condition or restriction”.
Changes to the Charge Status
The reporting obligations in relation to charges and offences are ongoing. The member is required to update the College with another report “if there is a change in the status of the charge or bail conditions” or if there is “a change in the status of the findings of guilt as the result of an appeal.”
A member can report offences, charges, bail conditions, or other restrictions using an online reporting form (OCT) or via email (CECE):
OCT: www.oct.ca/members/forms (under “Member Reporting Obligations”)
CECE: www.college-ece.ca/members/forms/ (see “Member Reporting Requirement re Criminal Charges,” which directs members to file their report by email to proreg@college-ece.ca).
If a member is unable to report directly to their College, another individual may report on their behalf. It is the member’s responsibility to ensure that the report is made.
Members should be mindful that if their board becomes aware that a member has had criminal charges laid, the board will have an obligation to report to the College. This means that if a member has failed to meet their own reporting obligations, this could trigger a complaint against a member for a breach of their duty to have reported the charges.
Please note that only criminal convictions need to be reported to the employer, usually on the Annual Offence Declaration. However, if the employer becomes aware of criminal charges, they may ask for a meeting to discuss them. Please contact your local office for assistance if this occurs.
The Colleges will publish certain information about the charges, bail conditions, or other restrictions and findings of guilt on the public register. Both Acts provide that the public register will include “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” (OCT Act, s. 23(2)(b.1) and CECE Act, s. 29(2)(b.1)).
The College will likely initiate a Registrar’s complaint in relation to the charge or finding of guilt. When initiating a complaint, they will contact you and provide you with written notice of the complaint and any related disclosure documents along with a deadline for filing a written response. The complaint will then be reviewed by a panel of the Investigation Committee (OCT) or the Complaints Committee (CECE), which will determine whether to refer the complaint to the discipline committee or close it without referring it to the discipline committee.
If the charges remain outstanding, the Colleges will normally offer to defer their investigation pending the final resolution of the criminal matter. This is done so a member is not put in the position of having to speak to the alleged conduct while it remains the subject of a criminal proceeding as that could compromise the member’s right to silence (your right not to make self-incriminating statements) in the criminal proceeding.
If the College offers to defer their investigation, they typically require a member to sign an “undertaking” (an agreement between the member and the College) to notify the College once the criminal matter has been resolved and to agree not to raise delay as a defence at the College once the investigation begins.
Depending on the nature of the charge, the College may ask a member to undertake not to teach or work as a RECE pending the resolution of the College complaint. We normally advise members not to voluntarily sign such undertakings as the College process can remain ongoing long after the criminal matter has been resolved; if a member is acquitted of the criminal charge and has resolved the matter with their board and been cleared to return to work, this undertaking would continue to bar the member from working as long as the College complaint remains outstanding. It is often possible to negotiate the terms of the undertaking with the College to avoid this scenario.
If you receive notice of a College complaint, you should contact ETFO Professional Relations Services (PRS) immediately for advice and to determine if you are eligible for ETFO legal support before you agree to any undertakings with your College.
