Glossary

Accommodation
Changes to a process to meet a person’s needs so they can participate. You can find more information about accommodations here.
Back to top

Accusation
A charge or allegation made by the College of Early Childhood Educator’s Complaints Committee that an RECE has committed professional misconduct (in a discipline case) or is incapacitated (in a fitness to practise case). The Discipline or Fitness to Practise Committee decides whether an accusation is true or false after looking at the evidence in the case.
Back to top

Act
A law created by the federal parliament or provincial legislature.
Back to top

Adjourn/Adjournment
When a hearing that is already in progress is paused to continue later.
Back to top

Affidavit
A written statement that is sworn or affirmed in front of an authorized person such as a commissioner of oaths, lawyer, or notary public. This means the person who is making the statement promises that it is true.
Back to top

Agreed statement of facts
A document listing the facts an RECE and the Prosecutor agree to be true in a case.
Back to top

Aggravating factors
Circumstances that suggest more consequences are needed to protect children and the public. These are discussed only if it has already been decided that an RECE is guilty of professional misconduct (in a discipline case) or incapacitated (in a fitness to practise case).
Back to top

Allegation
See Accusation
Back to top

Appeal
A legal process to challenge the decision of the Discipline or Fitness to Practise Committee in court.
Back to top

Argument
See Submissions
Back to top

Book of authorities
Collected examples of past decisions in professional discipline or other legal cases used to show how similar cases were decided.
Back to top

Burden of proof
How sure the Discipline or Fitness to Practise Committee has to be to decide that the accusations against an RECE are true. The Committee needs to decide “on a balance of probabilities”, meaning they need to believe it’s more likely than not that the accusations are true.
Back to top

Case
The legal proceedings involving an RECE who has been accused of either committing professional misconduct or being incapacitated. The case is decided by either the Discipline Committee or the Fitness to Practise Committee.
Back to top

Case law
See Precedent / legal precedent.
Back to top

Case Management
A mandatory process in discipline cases before the case is decided by the Discipline Committee. The RECE and the Prosecutor work with a neutral Facilitator to make sure the RECE understands and can make informed decisions about the discipline process, their legal rights and options, and the possible consequences of those options.
Back to top

Certificate of registration
A certificate of registration is issued by the College to someone who meets the requirements to become a registered member, to practice as an RECE, and to call themselves a “Registered Early Childhood Educator” or “Early Childhood Educator” in Ontario.
Back to top

Charges
See Accusation
Back to top

College
The College of Early Childhood Educators, often referred to as the College, is one of the two parties in a discipline or fitness to practise case.
Back to top

Complainant
The person who made a complaint to the College of Early Childhood Educators about an RECE.
Back to top

Complaint
The concerns shared with the College of Early Childhood Educators about an RECE.
Back to top

Complaints Committee
The committee of the College of Early Childhood Educators that reviews the results of College investigations and decides what action should be taken, if any. The most serious action that the Complaints Committee can take is to refer a case to the Discipline or Fitness to Practise Committee.
Back to top

Confidential
Cannot be shared. Things that might be confidential include conversations, documents or other materials.
Back to top

Contested hearing
A proceeding to finalize a case if the RECE and the Prosecutor do not agree whether the RECE is guilty of professional misconduct (in a discipline case) or is incapacitated (in a fitness to practise case), the consequences, or both. You can learn more about contested hearings here. Also see Partially contested hearing and Uncontested hearing.
Back to top

Costs
An amount of money meant to reimburse some or all of the expense of a hearing. The Discipline Committee can order that an RECE pay costs to the College of Early Childhood Educators if they decided the RECE is guilty of professional misconduct. In exceptionally rare cases, the Discipline or Fitness to Practise Committee can order that the College pay costs to the RECE if they decided the RECE is not guilty of professional misconduct (in a discipline case) or is not incapacitated (in a fitness to practise case).
Back to top

Decision and reasons
A written summary of and explanation for what the Discipline or Fitness to Practise Committee has decided in a case.
Back to top

Discipline Committee
The committee that makes decisions in cases where an RECE has been accused of professional misconduct.
Back to top

Discipline Resolution Process
A fast-track proceeding to finalize a case that the RECE and the Prosecutor can agree to use if they agree what the outcome should be and some other criteria are met. The Discipline Committee decides the case in a public meeting that is not a hearing and that the Parties do not participate in. You can learn more about the Discipline Resolution Process here.
Back to top

Duty Counsel
A lawyer available to give advice to an RECE during Case Management. The RECE does not have to pay for Duty Counsel.
Back to top

Early Childhood Educators Act, 2007
This is the law that gives the College of Early Childhood Educators its powers to regulate the profession in the public interest, including investigating and making decisions about accusations of professional misconduct and incapacity.
Back to top

Electronic proceeding / hearing
A meeting during Case Management or a hearing that is held using a videoconferencing platform. You can learn more about electronic proceedings here.
Back to top

Evidence
Information given to the Discipline or Fitness to Practise Committee to prove or disprove accusations against an RECE or to support other legal arguments. Examples of types of evidence include: witness testimony, documents, photographs, videos, or objects.
Back to top

Exclusion of witnesses (Witness exclusion order)
A requirement that witnesses in a hearing do not watch the hearing before they testify. This type of order does not apply to the RECE who the case it about.
Back to top

Exhibit
A document, photograph, video, or item that is used as evidence in a case.
Back to top

Expert witness
A qualified expert who gives their opinion in a discipline or fitness to practise case. An expert report or the testimony of an expert can be evidence in a case.
Back to top

Fitness to Practise Committee
The committee that makes decisions in cases where an RECE has been accused of being incapacitated.
Back to top

Hearing
A formal legal process, similar to a trial in court, where the Prosecutor tries to show the Discipline Committee that the RECE is guilty of professional misconduct (in a discipline case) or the Fitness to Practise Committee that the RECE is incapacitated (in a fitness to practise case). The RECE has the option to respond to the Prosecutor’s case to defend themselves. Also see Contested hearing, Partially contested hearing, and Uncontested hearing.
Back to top

Hearing record
A copy of all exhibits, orders, written decisions and reasons, and transcripts from a discipline or fitness to practice hearing.
Back to top

Hearings Office
A group of administrative and legal professionals that supports to the Discipline and Fitness to Practise Committees. The Hearings Office is the first point of contact for RECEs involves in a discipline or fitness to practise case.
Back to top

Interim suspension
A suspension that is ordered before a discipline or fitness to practise case has been decided. Interim suspensions can be ordered if children would be at risk of harm if the RECE was allowed to practise before the case is finished.
Back to top

Joint Submission on Order
A written proposal that the RECE and the Prosecutor agree about for what consequences would be appropriate for the Fitness to Practise Committee to order in a case. This is only presented to the Committee if they have already decided that the RECE is incapacitated.
Back to top

Joint Submission on Penalty
A written proposal that the RECE and the Prosecutor agree about for what consequences would be appropriate for the Discipline Committee to order in a case. This is only presented to the Committee if they have already decided that the RECE is guilty of professional misconduct.
Back to top

Member
An RECE registered with the College of Early Childhood Educators.
Back to top

Misconduct
See Professional misconduct.
Back to top

Mitigating factors
Circumstances that suggest fewer consequences are needed to protect children and the public. These are discussed only if it has already been decided that an RECE is guilty of professional misconduct (in a discipline case) or incapacitated (in a fitness to practise case).
Back to top

Motion
Formal legal requests for something to happen in the hearing process.
Back to top

Notice of Hearing
The formal notification sent by the Prosecutor to the RECE when a hearing is scheduled. It says when and where the hearing will take place, the possible outcomes of the hearing, what happens if the RECE does not attend the hearing. It also summarizes the accusations against the RECE.
Back to top

Onus of proof
The responsibility to show that their position should be believed in a case. In discipline and fitness to practise cases, the onus of proof is on the Prosecutor: they have to show that the RECE is guilty of professional misconduct (in a discipline case) or is incapacitated (in a fitness to practise case). If they do not show this, the RECE will be found not guilty (in a discipline case) or not incapacitated (in a fitness to practise case).
Back to top

Open hearing or meeting
A hearing or meeting that members of the public can observe. Discipline hearings and meetings using the Discipline Resolution Process are open. You can find out more about this here.
Back to top

Order
A requirement imposed by the Discipline or Fitness to Practise Committee. This is usually a requirement that the RECE do or not do certain things after the Committee has decided that they are guilty of professional misconduct (in a discipline case) or are incapacitated (in a fitness to practise case).
Back to top

Panel
A group of three people that decides a discipline or fitness to practise case. A Panel includes both RECEs and members of the public. The Panel is neutral and acts independently.
Back to top

Panel Chair
One member of a Panel who speaks on behalf of the Panel.
Back to top

Partially contested hearing
A hearing where the RECE and the Prosecutor agree about some of the issues but not all of the issues. The part of the case that they disagree about is “contested”. Also see Contested hearing and Uncontested hearing.
Back to top

Party / parties
The person/people directly involved in a case. In a discipline or fitness to practise case, the parties are the College of Early Childhood Educators, which is represented by the Prosecutor, and the RECE who has been accused of professional misconduct (in a discipline case) or of being incapacitated (in a fitness to practise case).
Back to top

Penalty
The order describing the consequences imposed on an RECE to protect children and the public after the Discipline Committee decides they are guilty of professional misconduct.
Back to top

Prosecutor
The lawyer who represents the College of Early Childhood Educators in a discipline or fitness to practise case.
Back to top

Professional misconduct
Behaviour that is improper or unacceptable according to the Early Childhood Educators Act and its regulations and the College’s Code of Ethics and Standards of Practise.
Back to top

Publication ban
An order made by the Discipline Committee disallowing or prohibiting anyone from sharing children’s names or identifying information publicly.
Back to top

Record
See Hearing record.
Back to top

Referral                                                                 
The decision of the Complaints Committee to send the case to the Discipline Committee or Fitness to Practise Committee to decide on the outcome.
Back to top

Regulation
Law created by the federal parliament or provincial legislature. Regulations are linked to specific Acts and what they say or do depends on what the Act allows.
Back to top

Reinstatement
Removing a suspension on a certificate of registration or issuing a new certificate of registration to an RECE who has been revoked.
Back to top

Reprimand
A consequence that can be ordered by the Discipline Committee where the Committee shares their concerns with the RECE orally.
Back to top

Revoke / revocation
Cancellation of a certificate of registration. An RECE whose certificate of registration has been revoked is no longer a member of the College of Early Childhood Educators, cannot practise the profession in Ontario and cannot call themselves “Registered Early Childhood Educator” or “Early Childhood Educator”.
Back to top

Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee
Instructions for what will happen during cases, when, and how. You can find the Rules of Procedure here.
Back to top

Statute
See Act.
Back to top

Submissions
Comments a Party makes during a hearing to explain what decision they think the Panel should make and why.
Back to top

Suspension
A prohibition on an RECE from practising the profession that is temporary or limited in time. What happens after the suspension is different case-by-case. Also see Interim suspension
Back to top

Terms, conditions or limitations
Activities that an RECE must do or not do. In a discipline case, these often include courses or other learning and mentorship, among other activities. In a fitness to practise case, these might include receiving treatment, testing or workplace monitoring, among other activities.
Back to top

Testimony
The written or verbal explanation of events involving an RECE’s conduct provided by a witness. This is part of the evidence used to prove a case.
Back to top

Transcript
A typed version of what was said at a hearing.
Back to top

Uncontested hearing
A proceeding to finalize a case if the RECE and the Prosecutor agree whether the RECE is guilty or not of professional misconduct (in a discipline case) or is or is not incapacitated (in a fitness to practise case), and, if so, the consequences. You can learn more about uncontested hearings here. Also see Contested Hearing and Partially contested hearing.
Back to top

Without prejudice
Written or verbal statements that cannot be held against the person who made them outside of the meeting or process where they are made. For example, discussions during Case Management are held on a “without prejudice basis”, which means they cannot be used in a hearing unless the Parties agree. However, information that is shared on a without prejudice basis might affect how the other Party thinks about or responds to the case.
Back to top

Witness
A person who shares information about a case at a hearing. Also see Expert witness.
Back to top

Witness exclusion order
See Exclusion of witnesses.
Back to top