O. Reg. 97/13: PROFESSIONAL MISCONDUCT

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Ontario College of Trades and Apprenticeship Act, 2009

ONTARIO REGULATION 97/13

PROFESSIONAL MISCONDUCT

Note: This Regulation was revoked on January 1, 2022. (See: O. Reg. 879/21, s. 1)

Last amendment: 879/21.

Legislative History: 879/21.

This is the English version of a bilingual regulation.

Professional misconduct, general

1. The following are defined as professional misconduct for the purposes of clause 46 (2) (c) of the Act:

1. Failing to take reasonable steps to safeguard the life, health or property of a person who may be affected by the work of a member or any person for whom the member is responsible, when the member knows or ought to know that there was a risk to life, health or property.

2. Failing to act to correct or report a situation that the member knows or ought to know may endanger the safety or welfare of the public.

3. Undertaking work that the member knows or ought to know the member is not competent to perform by virtue of their certification, training and experience or the member’s employees are not competent to perform by virtue of their certification, training and experience.

4. Knowingly providing false information or documents to the College or any other person with respect to a member’s trade qualifications.

5. Contravening a term, condition or limitation imposed on the member’s certificate of qualification or statement of membership.

6. Permitting, counselling or assisting any person who is not a member of the College to represent themself as a member of the College.

7. Failing to provide the member’s name and registration number as set out in the register, in the course of providing or offering to provide services related to their practice of a trade or in the course of employment or sponsorship of a member.

8. Signing or issuing, in the member’s capacity as a member of the College, a document that the member knows or ought to know contains a false, improper or misleading statement.

9. Being found guilty of contravening a law if the contravention is relevant to the member’s suitability to hold a certificate of qualification or statement of membership.

10. Failing to maintain the standards of a trade.

11. Acting or failing to act, in respect to the practice of a trade, in a manner that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

12. Misappropriating or otherwise dealing dishonestly with the money or property of a client or another party, or otherwise engaging in fraudulent conduct.

13. Permitting, counselling, assisting, instructing or directing a member of the College to engage in any act or omission despite having reasonable grounds to believe that the act or omission constitutes professional misconduct. O. Reg. 97/13, s. 1.

Professional misconduct, findings from other jurisdictions

2. A finding of incompetence, professional misconduct or a similar finding against a member by a regulatory authority or a professional association or other body that has self-regulatory responsibility for trades in a jurisdiction other than Ontario that is based on facts that would, in the opinion of the Discipline Committee, constitute professional misconduct as defined in section 1, is defined as professional misconduct for the purposes of clause 46 (2) (c) of the Act. O. Reg. 97/13, s. 2.

3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 97/13, s. 3.

 

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