O. Reg. 306/24: INTEGRITY COMMISSIONERS AND PROCESS FOR ALLEGED BREACHES OF THE CODE OF CONDUCT

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ontario regulation 306/24

made under the

Education Act

Made: July 25, 2024
Filed: July 29, 2024
Published on e-Laws: July 29, 2024
Published in The Ontario Gazette: August 17, 2024

Integrity CommissionerS and Process for Alleged Breaches of the Code of Conduct

Definitions

1. In this Regulation,

“appellant” means the party appealing the integrity commissioner’s determination; (“appelant”)

“business day” means a day from Monday to Friday, excluding holidays; (“jour ouvrable”)

“respondent” means the party responding to an appeal of the integrity commissioner’s determination. (“intimé”)

Qualifications

2. (1) A person is qualified to be appointed by an English-language public board as an integrity commissioner if,

(a)  the person has a total of at least three years experience working as an integrity commissioner, a judicial or quasi-judicial adjudicator, an investigator or in a similar role in a legal context;

(b)  in working in the role or roles mentioned in clause (a), the person applied professional ethics rules and the principles of natural justice and fairness; and

(c)  the person demonstrates understanding of the rights set out in section 23 of the Canadian Charter of Rights and Freedoms and section 93 of the Constitution Act, 1867.

(2) A person is qualified to be appointed by an English-language Roman Catholic board as an integrity commissioner if the person,

(a)  holds the qualifications set out in subsection (1); and

(b)  is an English-language Roman Catholic board supporter.

(3) A person is qualified to be appointed by the Protestant separate school board as an integrity commissioner if the person,

(a)  holds the qualifications set out in subsection (1); and

(b)  is a Protestant separate school board supporter.

(4) A person is qualified to be appointed by a French-language public district school board as an integrity commissioner if the person,

(a)  holds the qualifications set out in subsection (1);

(b)  is fluent in French; and

(c)  is a French-language public district school board supporter.

(5) A person is qualified to be appointed by a French-language separate district school board as an integrity commissioner if the person,

(a)  holds the qualifications set out in subsection (1);

(b)  is fluent in French; and

(c)  is a French-language separate district school board supporter.

(6) A person is qualified to be appointed by the Centre Jules-Léger Consortium as an integrity commissioner if the person,

(a)  holds the qualifications set out in subsection (1);

(b)  is fluent in French; and

(c)  is a French-language district school board supporter.

Fees

3. A board shall pay all fees charged by an integrity commissioner appointed under the Act.

Notification of alleged breach

4. (1) For the purposes of subsection 218.3 (2) of the Act, the notification of an alleged breach of a board’s code of conduct shall be provided to,

(a)  the vice-chair, if the notice relates to the conduct of the chair;

(b)  another member of the board who is neither the complainant nor the subject of the complaint, if the notice relates to the conduct of both the chair and vice-chair; and

(c)  in all other situations, the chair.

(2) A member of a board who gives a notification under subsection 218.3 (2) of the Act shall provide a copy of the notification to the director of education.

(3) A notification alleging a breach of the code of conduct shall include,

(a)  the name and contact information of the member alleging the breach;

(b)  the name and contact information of the member whose conduct is the subject of the notification;

(c)  the date of the alleged breach;

(d)  a description of the alleged breach; and

(e)  the provision of the code of conduct that was allegedly breached.

Referral

5. (1) For the purposes of clause 218.3 (3) (b) of the Act, the time period within which a matter must be referred to an integrity commissioner is 20 business days.

(2) The integrity commissioner to whom an alleged breach is referred under subsection 218.3 (3) of the Act may define the scope of the investigation commenced under subsection 218.3 (7) of the Act.

Notice of appeal

6. For the purposes of subsection 218.3.2 (3) of the Act, the appellant shall give the written notice of appeal referred to in that subsection no later than 15 business days after receiving written notice of the integrity commissioner’s determination.

Appointment of panel

7. (1) The panel of three integrity commissioners referred to in subsection 218.3.2 (4) of the Act shall be appointed no later than 15 business days after the Deputy Minister or their delegate receives the notice of appeal under section 6.

(2) One of the integrity commissioners appointed under subsection 218.3.2 (4) of the Act shall be named by the panel to act as chair and co-ordinate the hearing of the appeal.

(3) The chair of the panel shall notify the parties to the appeal of,

(a)  the appointment of the panel; and

(b)  the requirements under subsections 8 (2) to (4) and section 11.

Written appeal, submissions

8. (1) The panel shall hear the appeal in writing.

(2) The appellant shall provide written submissions to the panel and the respondent no later than 20 business days after receiving notice that the panel has been appointed.

(3) The respondent shall provide written submissions to the panel and the appellant no later than 20 business days after receiving the appellant’s submissions.

(4) The appellant shall provide their written reply to the respondent’s submissions no later than 10 business days after receiving the respondent’s submissions.

(5) The chair of the panel may extend any timeline set out in subsection (2), (3) or (4) at the written request of a party in order to provide for the fair, just and expeditious resolution of the appeal.

(6) A decision to extend a timeline under subsection (4) shall be provided to the parties in writing and a copy of the decision shall be provided to the Deputy Minister.

Consideration by panel

9. (1) The panel shall convene to consider the appeal at such times and in such places as they may determine.

(2) The panel may be convened by electronic means.

Panel decisions

10. (1) The panel may,

(a)  define or narrow the scope of the appeal;

(b)  limit the length of submissions from the parties;

(c)  make interim decisions and orders; and

(d)  on its own motion, and without holding a hearing, dismiss an appeal as frivolous or vexatious or commenced in bad faith.

(2) A panel’s decision made under clause (1) (d) is final.

(3) The chair of the panel shall notify the parties of any decisions made by the panel under subsection (1).

Decision

11. (1) The panel shall provide its decision and its reasons, including any dissent, to the parties in writing no later than 30 business days after receiving the respondent’s submission.

(2) The panel shall provide a copy of the decision, reasons and dissent to the Deputy Minister.

Commencement

12. This Regulation comes into force on the later of the day section 24 of Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into force and the day this Regulation is filed.

 

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