Key Takeaways
- Employers of teachers and ECEs must report certain charges, not just convictions.
- Health professionals must self-report findings of guilt for offences.
- Regulators can act on risk before the criminal case ends, including through interim orders.
- Some convictions trigger automatic consequences, such as cannabis licence revocation.
Reporting Duties
Several statutes require reports when charges are laid:
- Teachers: employers must report within 30 days when they become aware a teacher has been charged with or convicted of a Criminal Code offence involving sexual conduct and minors, or another offence suggesting students may be at risk (OCT Act, s. 43.3).
- Early childhood educators: employers have a parallel duty for charges and convictions suggesting a child may be at risk (ECE Act, s. 49.2).
- Health professionals: members must report findings of guilt for offences (Code, s. 85.6.1).
- Social workers: employers and members must report convictions for Criminal Code offences involving sexual conduct (SWSSW Act, s. 42).
Interim Action Before a Verdict
Regulators do not have to wait for the criminal case. A health college can make an interim order if the conduct exposes or is likely to expose patients to harm (Code, s. 25.4), the OCT can act through its Adjudicative Body of Chairs where a student may be at risk (OCT Act, s. 29.2), and licensing registrars can propose action based on past conduct or integrity concerns (e.g. MVDA, s. 6(1)).
When There Is a Conviction
A conviction can itself be grounds for regulatory action. Under the RHPA, a panel must find professional misconduct where a member has been found guilty of an offence relevant to suitability to practise (Code, s. 51(1)(a)). The OCT and ECE Investigation and Complaints Committees can refer matters to discipline where a member has been convicted for the same conduct (OCT Act, s. 26(9); ECE Act, s. 31(9)). For cannabis retailers, the Registrar must revoke a licence without a proposal after convictions for specified offences (Cannabis Licence Act, 2018, s. 11(3)).
Coordinating Your Defence
Statements you make to your regulator or employer may become relevant in the criminal case, and vice versa. Before giving any statement, get advice from counsel who can see both proceedings. Timing matters too: sometimes it is better to resolve one process first, but regulators may refuse to wait.
Frequently Asked Questions
Should I tell my regulator I have been charged?
It depends on your profession’s reporting rules and any conditions in your licence. Some duties apply to charges, others only to findings of guilt. Get advice promptly.
If I am acquitted, does the regulatory matter end?
Not necessarily. Regulatory proceedings use a different standard of proof and can consider conduct that did not lead to a conviction.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Ontario College of Teachers Act, 1996, ss. 26, 29.2, 43.3 — Checked November 10, 2026.
- Early Childhood Educators Act, 2007, ss. 31, 49.2 — Checked November 10, 2026.
- Health Professions Procedural Code, ss. 25.4, 51, 85.6.1 — Checked November 10, 2026.
- Social Work and Social Service Work Act, 1998, s. 42 — Checked November 10, 2026.
- Cannabis Licence Act, 2018, s. 11 — Checked November 10, 2026.
- Motor Vehicle Dealers Act, 2002, s. 6 — Checked November 10, 2026.