Frequently Asked Questions
Can I still work as an RECE if there is a discipline or fitness to practise case against me?
If your registration status on the College of Early Childhood Educator’s public register says “Good Standing” AND you haven’t signed an undertaking not to practise, you can work as an RECE. If there are terms, conditions or limitations (which will also be listed on the public register), you have to do what those say.
I am an RECE involved in a discipline or fitness to practise case. Do I need a legal representative?
You are not required to have a legal representative. While the Hearings Office recommends that you hire a legal representative if possible, we know this is not always possible. Most RECEs are self-represented. This means that they don’t have someone else representing them and they speak for themselves in the case. We try to make the process accessible to self-representing RECEs, and you are always welcome to ask questions about the process.
If you are involved in a discipline case, a lawyer called Duty Counsel can support you during Case Management . You do not have to pay for Duty Counsel. Duty Counsel is not available during hearings.
You can make the decision to hire a lawyer or paralegal at any time in the process. If you want to look for a legal representative, you can contact the Law Society of Ontario’s referral service. If your case has Case Management, you could also ask Duty Counsel for a recommendation.
There is a lot of legal language in discipline and fitness to practise cases. How can I learn more to understand the language being used?
You can find a Glossary of terms here.
Who makes the decision in a discipline or fitness to practise case?
Each case is decided by a Panel of three people, including Registered Early Childhood Educators (RECEs) and members of the public. The Panel is neutral and acts independently.
What could happen at the end of a discipline case?
The first decision in a discipline case is whether or not the RECE is guilty of professional misconduct. If the Discipline Committee does decide the RECE is guilty, the next step is to decide what consequences should be ordered to address the professional misconduct. These often include:
- A suspension of the RECE’s certificate of registration. During the time of the suspension, the RECE cannot work as an early childhood educator
- A verbal reprimand, where the Discipline Committee shares their concerns with the RECE orally
- Courses that the RECE has to complete
- Mentorship that the RECE has to participate in
In cases where the Discipline Committee decides children or the public will not be protected if the RECE continues to practise the profession, the Panel will order that the RECE’s certificate of registration is revoked (permanently cancelled).
They can also order that the RECE pay for some of the costs of investigating and prosecuting the case. This can happen if the case is decided through a hearing.
What could happen at the end of a fitness to practise case?
The first decision in a fitness to practise case is whether or not the RECE is incapacitated. Being “incapacitated” means an RECE’s physical or mental health makes it unsafe for them to practise the profession.
If the Panel decides that the RECE is incapacitated, it will make an order to protect children. Orders in fitness to practise hearings are usually designed to help the RECE safely return to practise while supporting their recovery.
How long does it take for a case to finish?
The amount of time it takes for the Discipline Committee or the Fitness to Practise Committee to make a decision is different for every case. It depends on how long it takes for:
- The RECE and the Prosecutor (the lawyer representing the College of Early Childhood Educators) to discuss the case and figure out what kind of proceeding will be used to finalize the case
- That proceeding to be scheduled
- The Discipline Committee or Fitness to Practise Committee to learn about the case in a hearing or meeting, choose what to do, and write a decision that describes why they made their choice.
What happens during the hearing or meeting when a case is decided?
What happens when it’s time a Panel to make a decision depends on what the RECE and the Prosecutor have agreed on, if anything, about the case.
How can I find out about upcoming cases?
There is a list of all upcoming discipline cases here . When a hearing or meeting is scheduled to finalize the case, that information is added to the list.
Information about upcoming fitness to practise cases is not public because they involve RECEs’ personal health information.
Can I watch a hearing or other proceeding?
Discipline meetings and hearings to finalize cases are usually open to the public. If you would like to watch these proceedings, please contact us . You can learn more about what is expected of members of the public who watch an open proceeding here.
Fitness to practise hearings are not open to the public because they involve RECEs’ personal health information.
How can I find out about past cases, including about a specific RECE?
You can find a list of past discipline decisions here. These decisions and information about discipline outcomes are also linked the page of the RECE on the College of Early Childhood Educator’s public register and available on CanLII, an searchable database of Canadian legal cases. You can learn what information is public about past discipline cases here. You can learn about finding cases on CanLII here.
Information about fitness to practise cases is not public because they involve RECEs’ personal health information.
What if I’m called as a witness in a hearing?
You can find out more about being a witness in a hearing here.