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College of Respiratory
Therapists of Ontario

 

BY-LAWS

In the CRTO’s duty to serve and protect the public interest, the by-laws provide a mechanism to direct the administrative and internal affairs of the organization and its Council, regulate the practice of the profession, and to govern its members. It is in the public interest that these by-laws are informed by principles of good governance, based on best practice, and developed with the public interest in mind.

 

 

 

Approved by Council: December 12, 2025

QUESTIONS OR FEEDBACK?

    These by-laws will be updated as required. Comments on the by-laws are welcome and should be addressed to:
    College of Respiratory Therapists of Ontario, 90 Adelaide Street West, Suite 300, Toronto, Ontario M5H 3V9
    Phone 416-591-7800 | Toll Free 1-800-261-0528 | Fax 416-591-7890 | E-mail questions@crto.on.ca

    BY-LAW 1:
    GENERAL CRTO ADMINISTRATION

    Approved by Council: March 1, 2024

    2. SEAL

    2.01 The seal of the CRTO shall, when required, be affixed to contracts, documents, or instruments in writing, signed aforesaid, or by any other person or persons appointed as authorized to sign on behalf of the CRTO.
    2.02 The seal of the CRTO is depicted below.
    2.03 The logo and name mark depicted on the CRTO website shall be the logo and name mark of the CRTO as depicted below. The CRTO asserts all intellectual property rights over the logo and name mark.

    3. Head Office

    3.01 The Head Office of the CRTO shall be located within  the city in which the Provincial Legislature sits. The physical premises occupied by the CRTO shall be determined by Council.

    4. Registrar

    4.01 The Registrar may be hired or fired only by a motion passed by a two-thirds (2/3) majority of the sitting Council Members in attendance at a Council meeting.
    4.02 The Registrar is also the Chief Executive Officer of the CRTO.
    4.03 The Registrar shall, among other things:
      a) give all notices required to be given to Council Members and Members of the CRTO;
      b) be the custodian of the seal of the CRTO and keep/maintain all copies of all contracts, agreements, certificates, approvals and all other documents to which the CRTO is a party or which are otherwise pertinent to the administrative and domestic affairs of the CRTO;
      c) keep full and accurate account of all financial affairs of the CRTO in proper form and deposit all monies or valuables in the name and to the credit of the CRTO in such depositories as may, from time to time, be designated by the Council;
      d) disburse the funds of the CRTO under the direction of the Council, taking proper vouchers therefore and render to the Council, whenever required, an account of all transactions and of the financial position of the CRTO;
      e) engage, dismiss, supervise and determine the terms of employment of all other employees of the CRTO;
      f) keep the register in the form required by the RHPA, the regulations, the By-Law and the Policies and Procedures of the CRTO;
      g) be responsible for and direct the administration of the affairs and operations of the CRTO;
      h) prepare the CRTO’s annual operating budget for review by Executive Committee;
      i) supervise the nomination and election of Council Members and Professional Committee Appointees;
      j) implement such forms as they consider necessary or advisable to enable the CRTO to fulfil its obligations under the RHPA, the regulations and the By-Law and to enable the CRTO to administer its affairs in an appropriate manner;
      k) fulfil the responsibilities of the position in accordance with the RHPA, the Regulations, the By-Law and the Policies and Procedures of the CRTO;
      l) carry out such duties as authorized or required by the Code;
      m) represent the CRTO and its positions to stakeholders; and
      n) perform such other duties as may be determined, from time to time, by the Council.
    4.04 The Registrar is an ex-officio member of all Committees.
    4.05 The Registrar is expected to:
      a) attend all Council meetings; and
      b) attend such Committee meetings as are required in the proper performance of their duties.
    4.06 The Registrar (or their appointed designate) shall, in addition to the President, act as official spokesperson for the CRTO.

    5. Acting Registrar

    5.01 A person who has been appointed by the Council as Acting Registrar during the prolonged absence or disability of the Registrar, shall discharge all the duties of the Registrar. During extended absences of the Registrar, the Council may appoint an Acting Registrar.

    6. By-laws

    6.01 By-Laws of the CRTO may be made, amended, or revoked by a two-thirds (2/3) vote of the sitting Council Members in attendance at a duly constituted meeting or by the signatures of all actual Council Members.
    6.02 Notice of motion to make, amend or revoke a By-Law must be given to Council Members fourteen (14) days prior to the meeting referred to in By-Law 2: Council and Committees, Article 4.01.
    6.03 Every By-Law and every amendment and revocation thereof shall be dated and maintained in the CRTO’s records.
    6.04 In accordance with Ss. 94(2) of the Code, such proposed changes to the By-Laws that are required by the Code to be circulated to every Member at least 60 days prior to the Council’s vote to approve the amendment.
    6.05 A copy of the By-Laws made by Council shall be provided to the Minister and to Members as required under Ss. 94(3) of the Code.

    7. DOCUMENTS

    7.01 Except where specifically referred to elsewhere in this By-Law, and subject to the Act and the regulations, all documents requiring the signature of the CRTO may be signed by the Registrar or the President.
    7.02 Except where otherwise provided by law, the Registrar may sign summonses and notices on behalf of any Committee of the CRTO.
    7.03 The seal of the CRTO shall, when required, be affixed to contracts, documents, or instruments in writing, signed as aforesaid.
    7.04 The certificates of registration given to Members for display shall contain the signatures of the Registrar and President.
    7.05 Unless otherwise provided in the RHPA, the Code, the Regulations, or provision in the CRTO By-Laws, documents requiring the signature and seal of the CRTO shall bear the signatures of the Registrar and/or President together with CRTO seal, or a likeness (electronic) thereof.

    8. BANKING

    8.01 In this Article, “bank” means the bank appointed under Article 8.02 of this By-Law.
    8.02 The Council shall appoint one or more banks chartered under the Bank Act Canada for the use of the CRTO upon the recommendation of the Executive Committee.
    8.03 All money belonging to the CRTO shall be deposited in the name of the CRTO with the bank.
    8.04 The Registrar or designate may endorse any negotiable instrument for collection on the CRTO’s account through the bank or for deposit to the credit of the CRTO with the bank, in accordance with any applicable policy of the CRTO.

    9. INVESTMENT

    9.01 The CRTO’s funds may be invested within the restrictions set out in this By-Law, the policies and other investment guidelines of the CRTO.
    9.02 Funds of the CRTO required for operation and those in excess of funds required for operation during the fiscal year, as identified in the annual budget, may only be invested in accordance with the CRTO investment policies.
    9.03 Investments must be authorized by two (2) authorized personnel.

    10. BORROWING

    10.01 The Council may from time to time by resolution:
      a) borrow money on the credit of the CRTO;
      b) limit or increase the amount or amounts to be borrowed; and
      c) secure any present or future borrowing, or any debt, obligation, or liability of the CRTO, by charging, mortgaging or pledging all or any of the real or personal property of the CRTO, whether present or future.
    10.02 Two (2) signing officers must sign documents to implement the decision made under Article 10.01 of this By-Law.

    11. EXPENDITURES

    11.01 Goods and services, excluding employment contracts and expenses associated with matters referred to the Inquiries, Complaints and Reports, Discipline or Fitness to Practise Committees or to defend legal proceedings brought against the CRTO, may be purchased or leased for the benefit of the CRTO if the purchase or lease is approved by:
    a) the Registrar if the resulting unbudgeted obligation does not exceed $15,000.00;
    b) the Registrar and one other signing officer if the resulting unbudgeted obligation does not exceed $30,000.00; or
    c) Council if the resulting unbudgeted exceeds $30,000.00.
    11.02 All cheques, drafts, notes, or orders for payment of money and all notes and acceptances and bills of exchange shall be signed by:
    a) two (2) internal signing officers if the amount is less than $15,000.00 including all payroll cheques and source deduction remittances;
    b) one (1) internal and one external signing officer for amounts $15,000 or more except for payroll cheques and source deduction remittances as described in (a).

    12. FINANCIAL AUDIT

    12.01

    The Council shall at each spring Council meeting appoint auditors who are duly licensed under the Public Accountancy Act to hold office until that meeting and, if an appointment is not so made, the auditors in office shall continue until successors are appointed.
    12.02 In the event that the auditors appointed in Article 12.01 of this By-Law are unable to continue their duties as agreed, the Council may appoint new auditors.
    12.03 The auditors shall present their report to the Council at its spring Council meeting, at which the financial statements of the CRTO are to be submitted and shall state in the report whether, in their opinion, the financial statements present fairly the financial position of the CRTO and the results of its operations for the period under review in accordance with Canadian accounting standards for not-for-profit organizations.
    12.04 The auditors have the right to access, at all reasonable times, all records, documents, books accounts and vouchers of the CRTO and are entitled to require from the Council Members, officers, employees, and Members of the CRTO such information as is necessary in their opinion to enable them to report as required by law or under this Article.

    13. MANAGEMENT OF PROPERTY

    13.01 The Registrar shall maintain responsibility for the management and maintenance of all CRTO property.
    13.02 Property and other assets carried on the inventory of the CRTO will be insured against loss or damage.

    14. MEMBERSHIP IN OTHER ORGANIZATIONS

    14.01 The CRTO may maintain memberships or affiliations with other organizations [e.g., Council on Licensure, Enforcement and Regulation (CLEAR), Canadian Network of Agencies for Regulation (CNAR)] in order to further the goals of the CRTO, and shall pay the annual or other fees required.
    14.02 The CRTO may maintain membership with the National Alliance of Respiratory Therapy Regulatory Bodies (NARTRB) and shall pay the annual fee required for the membership.
    14.03 The CRTO may maintain membership with the Health Profession Regulators of Ontario (HPRO) and shall pay the annual fee required for the membership.
    14.04 The Registrar and the President or designate(s) shall represent the CRTO at meetings of the organizations identified in this Article.

    15. APPOINTMENT OF INSPECTORS

    15.01 The Registrar may appoint any person, other than a Council Member or Professional Committee Appointee, to act as an inspector for and on behalf of the CRTO. Inspectors so appointed shall have such authority and shall perform such duties as set in the Act, regulations or CRTO Policies and Procedures.

    16. APPOINTMENT OF INSPECTORS

    16.01 In the event the CRTO is dissolved, the Council shall, after paying and making provisions for the payment of all debts and liabilities, transfer any assets that remain after dissolution to an organization with similar purposes and which is exempt from income tax under the Income Tax Act (Canada) and whose incorporating documents or By-Laws prohibit the organization from paying any of its income to or for the benefit of any of its Members.

    BY-LAW 1:
    GENERAL CRTO ADMINISTRATION

    1. DEFINITIONS

     

    1.01 In this By-Law, and in any other By-Law of the CRTO, unless otherwise defined or required by the context of the specific provision, the following words and phrases shall have the meanings set out below:
      Act The Respiratory Therapy Act, 1991, as amended from time to time and the regulations made under it
      Appointed Officer An employee of the CRTO appointed by the Council, or the Executive Committee, as an officer
      Auditor
    		 The person or firm appointed under Article 12.01 of this By-Law
      Authorized Personnel
    		 A person authorized to carry out the CRTO’s banking and investment and includes the President, Vice-President, Registrar, Deputy Registrar and Finance and Office Manager, as outlined in a policy of the CRTO
      Chair
    		 The person designated to preside over meetings of statutory or non-statutory Committees or panels of the CRTO; includes Vice-Chair who is the alternate designate
      Code
    		 The Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991
      Committee
    		 A Committee of the CRTO and includes statutory committees established under section 10 of the Code, non-statutory committees, task forces, a Panel of a Committee and any other Committees established by the Council under these By-Laws
      Council
    		 The board of directors of the CRTO, responsible for managing and administering its affairs in accordance with the Code
      Council Member
    		 A member of Council elected or appointed in accordance with the Regulated Health Professions Act and/or the Act and/or this By-Law
      CRTO
    		 The acronym for the College of Respiratory Therapists of Ontario
      Duly Constituted
    		 A meeting in accordance with the required procedure where quorum is met pursuant to the By-Laws
      Ex-Officio
    		 By virtue of one’s office, e.g., the Registrar is an ex-officio member of CRTO committees by virtue of their office as Registrar and Chief Executive Officer. In their capacity as an ex-officio member of a Committee the Registrar has the right, but not the obligation, to attend Committee meetings, other than some aspects of hearings. However, they are not entitled to make a motion or vote, and are not counted when determining if a quorum is present
      Fiscal Year
    		 Refers to the period of March 1 to the last day of the following February
      In-Camera
    		 In accordance with section 7 of the Code, meetings of Council are open to the public. The Code provides for specific occasions when the Council may exclude the public from a meeting. When the Council excludes the public from a meeting or part of a meeting, it will go in-camera (conduct a private meeting)
      Inspector
    		 An individual appointed by the CRTO to act as an inspector; may also be referred to as “assessors” or other terms set in Policy
      Member
    		 Unless further defined, or the context indicates otherwise, is an individual who holds a certificate of registration with the CRTO
      Officer of the CRTO
    		 Includes the President, the Vice-President, the Registrar or an appointed officer
      Panel
    		 A sub-group of a Committee of the CRTO
      Policies and Procedures
    		 The documented processes or courses of action undertaken by the CRTO in anticipation of or response to foreseeable or recurring concerns or issues
      Presiding Officer
    		 The person who chairs a meeting of Council or a Committee
      Proceeding
    		 Any action or process undertaken related to the investigation, hearing or restriction (i.e., terms, conditions and limitations (TCLs) or suspension of a certificate of registration) of a Member’s practice
      Profession
    		 The profession of Respiratory Care or Respiratory Therapy
      Professional Committee Appointee
    		 A Member of the CRTO who is not a member of the Council, and who has been acclaimed, appointed, or elected to the pool of Members available to serve on committees
      Professional Council Member
    		 A member elected to the Council in accordance with the by-laws and includes a member elected in a by-election or appointed to fill a vacancy
      Professional Corporation
    (or health profession corporation)
    		 Refers to a Member, incorporated under the Business Corporations Act, who holds a valid certificate of authorization issued under the Regulated Health Professions Act (including regulations), or the Health Professions Procedural Code
      Public Council Member
    		 A person, who is not a Member of the CRTO/profession, and who is appointed to the Council by the Lieutenant Governor in Council
      Register
    		 Includes the register as defined under S.23(2) of the Code and this By-Law; may also be referred to as the “public register”
      Registrar
    		 Person hired by the Council to act as Chief Executive Officer for the CRTO as required by the Code and as described in Article 4 of this By-Law; includes a person appointed as Acting Registrar by the Council during a vacancy in the office of the Registrar or during the disability or prolonged absence of the Registrar
      Regular Meeting
    		 A meeting of the Council to which By-Law 2: Council and Committees, Article 4.01(a) refers
      Related Company
    		 A company, corporation, business partnership or entity that is owned or controlled, wholly, substantially, or actually, directly or indirectly, by a person or another person related to the person
      Related Person

    Any person connected with another person by blood relationship, marriage, common-law, partnership or adoption, namely:

    • persons are connected by blood relationship if one is the child or other descendant of the other or one is the brother or sister of the other;
    • persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other;
    • persons are connected by common-law if the persons have a conjugal relationship and live together, have a cohabitation agreement or are the parents (together) of a child;
    • persons are connected by a partnership when they live together or have a close personal relationship that is of primary importance in both lives;
    • persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other person or a blood relation of the other person
      Respiratory Therapist A Member of the CRTO
      Respiratory Therapy As defined in the Act as the providing of oxygen therapy, cardio-respiratory equipment monitoring and the assessment and treatment of cardio-respiratory and associated disorders to maintain or restore ventilation; includes the practice of Respiratory Care
      RHPA The Regulated Health Professions Act, 1991, as amended from time to time and includes the Code
      Signing Officer

    A person authorized to sign documents on behalf of the CRTO and includes the President, Vice-President, Registrar and Deputy Registrar, as outlined in CRTO policy
      Sitting Council Member An elected or appointed member of the CRTO Council
      Special Meeting

    A meeting of the Council to which By-Law 2: Council and Committees, Article 4.01(b) refers

    BY-LAW 2:
    COUNCIL AND COMMITTEES

    Approved by Council: March 1, 2024

    2. ELECTIONS, APPOINTMENTS & DUTIES OF COUNCIL AND COMMITTEE MEMBERS

     

    Appointment Process
    2.01 a) The appointment of Professional Committee Appointees will be made by the Registrar, provided the individual meets the eligibility criteria set out in Article 2.07 and 2.09. These Members will be appointed based on consideration of their experience, qualifications, abilities, and willingness to serve.
      b) The appointment of a Public Committee Appointee will be made by the Registrar, provided the individual meets the eligibility criteria set out in Article 2.07 and 2.10. These Members will be appointed based on consideration of their experience, qualifications, abilities, and willingness to serve.
    Election Districts
    2.02 For the purpose of the election of Council Members, the electoral districts are as follows:
      a) Electoral district 1 is composed of the territorial districts of Kenora, Rainy River and Thunder Bay.
      b) Electoral district 2 is composed of the territorial districts of Cochrane, Timiskaming, Sudbury, Algoma, Manitoulin, Parry Sound, Nipissing and Muskoka.
      c) Electoral district 3 is composed of the geographic areas of Frontenac, Hastings, Lanark, Prince Edward, Renfrew, Leeds and Grenville, Lennox and Addington, Prescott and Russell, Stormont, Dundas and Glengarry and Ottawa.
      d) Electoral district 4 is composed of the geographic areas of Haliburton, Kawartha Lakes, Peterborough, Northumberland, Simcoe, Durham, York, Peel and Toronto.
      e) Electoral district 5 is composed of geographic areas of Halton, Hamilton, Niagara, Waterloo, Haldimand, Norfolk, Brant, Dufferin and Wellington.
      f) Electoral district 6 is composed of geographic areas of Grey, Bruce, Huron, Perth, Middlesex, Oxford, Elgin, Lambton, Chatham-Kent and Essex.
      g) Electoral district 7 is composed of the whole of the province of Ontario.
    2.03 Nine Members of the CRTO shall be elected to the Council with one (1) Council Member for each of electoral districts 1, 2, 3, 6 and 7 and two (2) Council Members for each of electoral districts 4 and 5.
    Years of Elections
    2.04 An election of Council Members shall be held on a day fixed by the Registrar:
      a) in October 2023 and in October in every third (3rd) year after that for each of electoral districts 3, 4 and 6; and
      b) in October 2024 and in October in every third (3rd) year after that for each of electoral districts 1, 2, 5 and 7.
    2.05 The nomination or election deadlines may be extended if the Registrar determines that there are exceptional circumstances to warrant an extension.
    Members’ Eligibility for Elections
    2.06 A Member is eligible to vote by electronic ballot in an electoral district if:
      a) on the day the voting opens, the Member principally practises the profession in that district; or
      b) the Member is not practising the profession on the day the voting opens, the Member principally resides in that district.
    2.07 A Member is eligible for election as a Council Member, in electoral districts 1, 2, 3, 4, 5 and 6 or for appointment to fill a vacancy in one of those districts if,
      a) on the date of the nomination through to the date of election or on the date of the appointment, the member:
        i. subject to these By-Law, practises or resides in the electoral district for which they are seeking election or appointment;
        ii. holds a General or Limited certificate of registration;
        iii. is not running for election in another electoral district;
        iv. is not in default of the payment of any fees;
        v. is not the subject of any current or past disciplinary or incapacity proceeding by a body that governs this profession in any jurisdiction;
        vi. is not the subject of any current or past disciplinary or incapacity proceedings by a body that governs any other profession in any jurisdiction;
        vii. holds a certificate of registration that is not subject to a term, condition or limitation arising from a professional misconduct, incompetence, incapacity or quality assurance proceeding;
        viii. has not been found guilty by a court or other lawful authority (unless it has been reversed on appeal or judicial review) of:
          1. a criminal offence;
          2. any offence relating the prescribing, compounding, dispensing, selling or administering of drugs; or
          3. any offence relevant to their suitability to be licensed or registered with any professional regulatory body;
        ix. is not an employee, director, officer, or elected member of any provincial or national professional association or special interest group related to the profession;
        x. is not an appointed committee Chairperson or member of a committee of any provincial or national respiratory therapy associations; such that it is reasonable to expect that a real or apparent conflict of interest may arise;
        xi. is not an elected representative, director, officer or employee of, or a party to a contractual relationship to provide services;
        xii. if running for election, is nominated by three (3) voters who are eligible to vote pursuant to this By-Law;
        xiii. if running for election has completed the nomination form in the format provided by the Registrar and submitted it to the CRTO electronically by the deadline set by the Registrar; and
        xiv. completes the College’s orientation online module relating to the duties, obligations and expectations of Council and Committee members prior to the date of nomination.
      b) within the twelve (12) months before the date of the nomination or appointment, the member has not been:
        i. an employee of the CRTO; or
        ii. an employee, director, officer, or elected member of a working group or Committee of an organization which develops or produces “entry to practice” examinations related to the profession; or
        iii. in a position that could create an actual, potential, or perceived conflict of interest with respect to their Council duties.
      c) within the six (6) years before the date of the nomination or appointment, the member has not been disqualified from sitting on the Council or Committee Appointee.
      d) within the six (6) years before the date of the nomination or appointment, the member has not:
        i. had their certificate of registration suspended as a result of a professional misconduct, incompetence or incapacity proceeding;
        ii. had their certificate of registration revoked as a result of a professional misconduct, incompetence or incapacity proceeding; or
        iii. received a new certificate of registration following revocation of their certificate of registration as a result of a professional misconduct, incompetence or incapacity proceeding.
    2.08 A Member is eligible for election as a Council Member in electoral district 7 or for appointment to fill a vacancy in that district if,
      a) on the date of the nomination through to the date of the election or appointment the member meets the criteria in Article 2.07 (except for article (a)i); and
      b) is a faculty member employed by one of the approved Respiratory Therapy educational programs in Ontario.
    Professional Committee Appointees Eligibility
    2.09 A member of the profession is eligible to be appointed as a Professional Committee Appointee if, on the date of appointment they meet all the requirements outlined in Article 2.07 as well as the following:
      a) They complete an application provided by the Registrar.
      b) They practice and reside in Ontario.
    Public Committee Appointees Eligibility
    2.10 A member of the public is eligible to be appointed as a Public Committee Member if, on the date of appointment they meet all the requirements outlined in Article 2.07 (except for Articles a) i – v and a) vii) as well as the following:
      a) They reside in Ontario;
      b) They complete an application provided by the Registrar.
    Terms of Office
    2.11 a) The term of office of an elected Council Member is three years. The maximum length of service of a Council Member is nine (9) consecutive years.
      b) The term of office of a Professional Committee Appointee or a Public Committee Appointee is one (1) year. There is no maximum length of service of a Professional Committee Appointee or a Public Committee Appointee.
    2.12 a) The term of office of a Council member begins with the first regular Council meeting following the election and the Council Member shall continue to serve until their successor takes office in accordance with this By-Law unless the member is disqualified under these By-Laws, or as set out in the RHPA.
      b) The term of office of a Public Committee Appointee or a Professional Committee Appointee begins on the date of their appointment to a committee and they shall continue to serve until their term has ended or they are disqualified under these By-Laws.
    Nominations for Council Members
    2.13 If the number of candidates nominated for an electoral district is equal to the number of Members to be elected in the electoral district, the Registrar shall declare the candidates to be elected by acclamation.
    2.14 If the number of Council Member candidates nominated for an electoral district is fewer than the number of Council Members to be elected in the electoral district, the Council may do any one of the following, subject to the provisions of the Act.
      a) direct the Registrar to hold an election for Council Members; or
      b) declare the candidates for Council to be elected by acclamation and direct the Registrar to hold an election for the remaining Council Member positions; or
      c) declare the candidates for Council members to be elected by acclamation and direct the Executive Committee to appoint Members for the remaining positions.
    Voting Process
    2.15 The Registrar shall set the date for an election annually in accordance with Article 2.04.
    2.16 The Registrar shall establish procedures and set any necessary deadlines including procedures and deadlines relating to the receiving of nominations, candidate statements and votes.
    2.17 Except for an election in which the Registrar has declared a candidate elected to Council by acclamation, the Registrar shall, at least 30 days before the date of an election, send to every Member entitled to vote in the election:
      a) access to an electronic ballot listing all eligible candidates;
      b) instructions for voting, including information on the electronic voting process; and
      c) each candidate’s statement.
    2.18 Any eligible voter who did not receive access to their election ballot must send their request for access in writing to the Registrar. The request must be sent from the Member’s email address on file with the CRTO. The Registrar shall provide the Member with such access provided the request is received at least 48 hours before the election day.
    2.19 A Member may cast as many votes on a ballot as there are Members to be elected from the electoral district in which the member is eligible to vote.
    2.20 Only electronic ballots cast no later than 4:00 p.m. on the last day of the election period will be counted.
    2.21 The candidate who receives the most votes for the position they are running for is elected.
    2.22 A Member shall not cast more than one vote for any one candidate.
    2.23 If there is a tie, the Registrar shall break the tie, by lot.
    2.24 A candidate may request a recount by giving written notice to the Registrar within ten (10) days of notification of the results of the election.
    2.25 The Registrar shall hold the recount no more than fifteen (15) days after receiving the request.
    2.26 The election process and the counting of votes will be overseen by an external third party (the “scrutineer”) selected by the Executive Committee. The scrutineer will be announced to the membership at the beginning of the nomination period.
    2.27 As soon as feasible after the votes have been tallied, the Registrar shall:
      a) advise each eligible candidate of the results of the election, the number of votes they received and the candidate’s right to request a recount in accordance with article 2.24
      b) report the results to the CRTO members and Council.
    Disqualification
    2.28 An Council Member, a Professional Committee Appointee or a Public Committee Appointee is disqualified from sitting on the Council or committee if they:
      a) are found to have committed an act of professional misconduct or are found to be incompetent by a panel of the Discipline Committee;
      b) are found to be incapacitated by a panel of the Fitness to Practise Committee;
      c) become the subject of a discipline or incapacity proceeding;
      d) fail, without reasonable justification, to attend two (2) meetings of the Council or of a Committee of which they are a member during their term;
      e) fail, without reasonable justification, to attend a panel for which they have been selected;
      f) fail to fulfil the duties of Council Member and Committee Appointee in accordance with Schedule A: Code of Conduct & Conflict of Interest of this By-Law;
      g) breaches the confidentiality policy of the CRTO;
      h) in the case of districts 1, 2, 3, 4, 5 and 6, ceases to practise and/or reside in the electoral district for which they were elected;
      i) in the case of district 7, ceases to be a faculty member for more than ninety (90) days;
      j) in the case of an elected Council Member or a Professional Committee Appointee ceases to hold a current General or Limited certificate of registration;
      k) become or have been found by the Council to be:
        i. an employee of the CRTO;
        ii. an employee, director, officer, or elected member of a professional association, special interest group related to the profession; or
        iii. an employee, director, officer, or elected member of a working group or Committee of an organization which develops examinations related to the profession; or
        iv. holding a position that could create an actual, potential, or perceived conflict of interest with respect to their Council duties.
      l) have been found by the Council to have been ineligible for election or appointment in accordance with the By-Laws; or
      m) fail, in the opinion of Council, to discharge properly or honestly any office to which they have been elected or appointed.
    2.29 a) A Professional Council Member who is disqualified from sitting on the Council ceases to be a Council Member.
      b) Where a Public Council Member is disqualified from sitting on the Council, the Council will send a report to the Public Appointments Secretariat requesting the removal of the member concerned from the Council.
      c) A Professional Committee Appointee who is disqualified ceases to be a Professional Committee Appointee.
      d)

     A Public Committee Appointee who is disqualified ceases to be a Public Committee Appointee.
    2.30 If the seat of an elected Council Member becomes vacant less than twelve (12) months before the expiry of the term of office, the Council may:
      a) direct the Registrar to hold an election; or
      b) leave the seat vacant.
    2.31 If the seat of an elected Council Member becomes vacant twelve (12) months or more before the expiry of the term of office, the Registrar shall hold an election as soon as possible.
    2.32 The term of a Council Member appointed or elected to fill a vacancy shall continue until the time the former Council Member’s term would have expired.
    2.33 A Council Member, Professional Committee Appointee or Public Committee Appointee who wishes to apply for employment with the CRTO must resign from the Council or Committee position before applying to the CRTO for employment.

    3. CODE OF CONDUCT AND CONFLICT OF INTEREST FOR COUNCIL & COMMITTEE MEMBERS

    3.01 All Council and Committee Members shall abide by the Code of Conduct and the rules regarding Conflict of interest included in Schedule A of this By-Law.
    3.02 The Code of Conduct for Council and Committee Members forms Schedule A of this By-Law. Council and Committee Members must sign the CRTO’s Code of Conduct and Conflict of Interest Agreement prior to the start of each meeting.
    3.03 Council shall be entitled to adopt such rules of order as it deems appropriate to govern the conduct of each Board meeting; provided that, in the event of a conflict between such rules of order and one or more provisions of the RHPA, the Act or the CRTO By-Laws, the provisions of the RHPA, the Act, or the By-Laws shall prevail.
    3.04 All Council and Committee Members shall abide by the Rules of Order included in Schedule B of this By-Law.

    4. COUNCIL MEETINGS

    4.01 The Council shall hold,
    a) at least four (4) regularly scheduled meetings per year, which shall be called by the President;
    b) special meetings which may be called by the President, or by any five (5) Council Members who deposit with the Registrar a written requisition for the meeting containing the matter or matters for decision at the meeting.
    4.02 Meetings of the Council shall take place in Ontario at a place, date and time designated by the President or the five (5) Council Members calling the meeting.
    4.03 The Registrar shall cause each Council Member to be notified of the place, date and time of a Council meeting at least fourteen (14) days before a meeting.
    4.04 Council meeting materials will be posted publicly at least two (2) weeks prior to the posted Council date. A supplemental posting for any updated or additional agenda items will be posted one (1) week before the meeting, as needed.
    4.05 The Registrar shall cause to be included in or with the notification of a special meeting the matter or matters for decision contained in the requisition of the meeting deposited with them.
    4.06 A Council Member may, at any time, waive notice of a meeting.
    4.07 A Council meeting may consider or transact,
    a) at a special meeting, only the matter or matters for decision at the meeting contained in the requisition deposited with the Registrar,
    b) at a regular meeting:
    i. matters brought by the Executive Committee;
    ii. recommendations from Committees;
    iii. motions of which a notice of motion was given by a Council Member at the preceding Council meeting; and
    iv. matters which the Council Members may agree to decide by a two-thirds (2/3) vote of those in attendance,
    c) at any meeting, routine and procedural matters in accordance with the rules of order as defined in Schedule B of this By-Law.
    4.08 A majority (more than 50%) of Council Members shall constitute a quorum.
    4.09 The President shall organize an agenda for each Council meeting.
    4.10 The President, or their appointee for the purpose, shall preside over meetings of the Council.
    4.11 Matters shall be decided by vote as follows:
    a) Making amending and revoking the By-Law and regulations shall require a two-thirds (2/3) majority vote of those Council Members in attendance.
    b) Unless otherwise required by law or by this By-Law, every motion which properly comes before the Council may be decided by a simple majority of the votes cast at the meeting by those Council Members in attendance.
    c) If there is a tie vote on a motion, the motion shall be defeated.
    4.12 Except where a secret ballot is required, every vote at a Council meeting shall be by a show of hands but, if any two (2) Council Members so require, the presiding officer shall require the Council Members voting in the affirmative and in the negative, respectively, to stand until they are counted and, in either case, the presiding officer shall declare the result and their declaration is final.
    4.13 The presiding officer shall cause minutes to be taken of the proceedings of the Council meeting, and the minutes, when approved at a subsequent Council meeting are prima facie proof of the accuracy of the contents of the minutes and are open to the public, except for those portions of the minutes which relate to parts of the meeting held in-camera.
    4.14 Council meetings are open to the public in accordance with section 7 of the Code. Council may exclude the public from a meeting, or part of a meeting, as defined in the Code through an in-camera motion.
    a) If Council goes in-camera the meeting minutes must record the reason for the in-camera session. The in-camera portion of the meeting should last only as long as required to discuss the issue or portion of the issue that requires the in-camera session.
    4.15 Any meetings of the Council may be held in any manner that allows all persons participating to communicate with each other simultaneously and instantaneously.
    4.16 The rules of order in Schedule B of this By-Law apply to meetings of the Council and Committees. In all cases not provided for by these rules, the most recent edition of Roberts Rules of Order, as published from time to time, shall be followed so far as they may be applicable to the Council and Committees, provided that said Rules of Order are not inconsistent with the RHPA, the Regulations or By-Laws of the CRTO. Where such inconsistency exists, the RHPA, the Regulations or By-Laws of the CRTO shall govern.

    5. EXECUTIVE COMMITTEE

    5.01 The Executive Committee shall be elected from the sitting Council Members and composed of:
    a) three (3) Council Members who are Members of the CRTO; and
    b) two (2) public Council Members.
    5.02 The President and Vice-President of the Council shall be included in the membership of the Executive Committee.
    a) The President of the Council shall be the Chair of the Executive Committee.
    b) The Vice-President of the Council shall be the Vice-Chair of the Executive Committee.
    c) If the immediate Past President is still a Council Member, but they are not elected to the Executive Committee, they shall be an ex-officio member of the Executive Committee without the right to vote or be counted for a quorum.
    5.03 The Council shall, at the first meeting following each regularly scheduled election, or at least annually, elect from amongst those Council Members in attendance, a President, Vice-President, and three (3) other Council Members to the Executive Committee to hold office for a one (1) year term.
    5.04 Nominations for the Executive Committee:
    a) The Registrar shall send a notice of elections and a call for nominations for the positions of President, Vice-President, and the three (3) additional members of the Executive Committee, to all Council Members by November 1 each year.
    b) Candidates for election to the Executive Committee must be nominated by at least two (2) members of Council and cannot nominate themselves.
    c) Nominations may be submitted at any time prior to the election, and additional nominations will be accepted from the floor on the day of the election.
    d) Notwithstanding Article 5.05 (b) of this By-Law, where the Registrar does not receive sufficient interest for any of the five (5) Executive Committee positions by 21 days prior to the election date, a Nomination Committee will be established to seek nominations for those remaining Committee positions.
    e) The Nomination Committee will consist of at least two (2) members of Council who are not running for election to the Executive Committee, at least one of whom shall be a public member and at least one of whom shall be a professional member.
    5.05 a) The election of the President, Vice-President and Executive Committee shall be by secret ballot, in accordance with the policies and procedures approved by Council and, where more than two (2) Council Members are nominated, the nominee who receives the lowest number of votes on each ballot shall be deleted from nomination unless one nominee receives a majority of the votes cast on the ballot, and this procedure shall be followed until one (1) nominee receives a majority of the votes cast.
    b) The election will be conducted by the Registrar and will be the first order of business at the first Council meeting following a general election, or where there is no general election of Council Members, will correspond to the date of when the election would have been held in other years.
    c) The Registrar will make a call for nominations for the positions of President, Vice-President, and three other Executive Committee Members, proceeding in that order.
    d) Once all elections are completed the Registrar will ensure the ballots are destroyed.
    5.06 a) If the office of the President becomes vacant, the Vice-President shall serve as President until the Council holds an election for the position of President at the next regular meeting or at a special meeting which the Vice- President may call for that purpose.
    b) Any further Executive Committee vacancies shall be dealt with under Article 5.05 of this By-Law.
    5.07 Unless otherwise specified in this By-Law, the Executive Committee:
    a) annually selects and appoints the members, a Chair and Vice-Chair for each remaining Committee;
    b) oversees the financial management of the CRTO; and
    c) reviews the CRTO’s annual operating budget for approval at the last Council meeting of the fiscal year.
    5.08 In selecting the members for each Statutory Committee and Non-Statutory Committee, the Executive Committee shall:
    a) provide each Council Member, Public Committee Appointee and Professional Committee Appointee the opportunity to express their preferences with respect to committees;
    b) appoint Council Members, Public Committee Appointee and Professional Committee Appointees to sit on committees, giving due consideration to:
    i. the preferences expressed by the members;
    ii. the number of members required;
    iii. the desirability of providing a mix of experienced and new members on committees;
    iv. the skills and competencies of the members; and
    v. any other relevant factors.
    c) for Professional Committee Appointees, appoint only from the pool of Professional Committee Appointees elected or appointed under Article 2.24, 2.25 and 2.27 of this By-Law.
    d) for Public Committee Appointees, appoint only from the pool for Public Committee Appointees appointed pursuant to the By-Laws.
    5.09 The President shall:
    a) fulfil the responsibilities of the position in accordance with the RHPA, the Regulations, the By-Laws and the Policies and Procedures of the CRTO;
    b) chair all meetings of the Council;
    c) be the Chair of the Executive Committee;
    d) administer the Registrar’s performance appraisal; and
    e) attend all Committee meetings as they deem appropriate and with the express permission of the Committee chair.
    5.10 The Vice-President shall:
    a) generally assist the President;
    b) exercise the powers and duties of the President during the President’s absence or inability to act;
    c) perform such other duties as may be assigned by the Council; and
    d) administer the Registrar’s performance appraisal.
    5.11 Each Executive Committee Member shall perform such duties as may be assigned by the Executive Committee.
    5.12 A quorum shall consist of a majority of the voting members of the Committee, at least one of whom is a public Council Member.

    6. POWERS OF COUNCIL AND EXECUTIVE COMMITTEE

    6.01 The Council shall have full power with respect to the affairs of the CRTO, including making, amending the By-Law and revoking Regulations.  No Regulation or By-Law or resolution passed or made by the Council, or any other action taken by the Council, requires confirmation or ratification by the Members of the CRTO in order to become valid or to bind the CRTO.
    6.02 As set out in the RHPA, the Executive Committee has, between Council meetings, all the powers of Council with respect to any matter that, in the Committee’s opinion, requires immediate attention, other than the power to make or amend the By-Law, or amend or revoke a Regulation.

    7. COMMITTEES

    7.01 Council may, from time to time, create Non-Statutory committees. The creation or dissolution of such a Committee requires a motion from Council. Non-Statutory Committees may be supported by legal and/or technical consultants as required.
    7.02 In appointing members to any Committee, Council Members, Public Committee Appointee or Professional Committee Appointees may be appointed unless the By-Law or policies of the CRTO provide otherwise.
    7.03 Appointments to Committees remain in effect until the member is re-assigned, resigns, retires or is disqualified.
    7.04 Any Member of the Committee is eligible to be appointed as Chair or Vice-Chair by the Executive Committee. Appointments are made at the conclusion of the last Council meeting of the calendar year.
    a) The term of all Chair and Vice-Chair positions is one (1) year with the opportunity for reappointments.
    b) Appointments to Chair and Vice Chair positions shall be made utilizing the CRTO’s appointment guidelines.
    7.05 Committee Chairs shall:
    a) preside over meetings of the Committee;
    b) ensure minutes are recorded and review minutes prior to distribution to the Committee;
    c) approve per diem and expense payment for Committee Members;
    d) identify attendance or other problems with Committee Members.
    7.06 Committee Vice-Chairs shall:
    a) assist the Committee Chair;
    b) exercise the duties of the Chair during the Chair’s absence or inability to act; and
    c) perform other may be assigned by the Chair.

    8. REGISTRATION COMMITTEE

    8.01 The Registration Committee shall consist of at least five (5) voting members with:
    a) at least one (1) professional Council Member;
    b) at least one (1) public Council Member;
    c) at least two (2) Professional Committee Appointees; and
    d) an academic member of Council.
    e) up to one Public Member Appointee.
    8.02 A panel of the Registration Committee shall consist of at least three (3) members of the Committee, at least one of whom must be a Professional Council Member or Professional Committee Appointee, and at least one of whom must be a public Council Member.

    9. INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE

    9.01 The Inquiries, Complaints and Reports Committee shall consist of at least eight (8) voting members with:
    a) at least two (2) Council Members who are Members of the CRTO;
    b) at least two (2) public Council Members; and
    c) at least two (2) Professional Committee Appointees.
    d) up to one (1) Public Member Appointee.
    9.02 A panel of the Inquiries, Complaints and Reports Committee shall consist of at least three (3) members of the Committee, at least one of whom must be a Professional Council Member or Professional Committee Appointee, and at least one of whom must be a public Council Member.

    10. DISCIPLINE COMMITTEE

    10.01 The Discipline Committee shall consist of at least five (5) voting members with:
    a) at least one (1) Professional Council Member;
    b) at least two (2) public Council Members; and
    c) at least one (1) Professional Committee Appointee.
    d) up to one (1) Public Member Appointee.

    11. FITNESS TO PRACTISE COMMITTEE

    11.01 The Fitness to Practise Committee shall consist of at least five (5) voting members with:
    a) at least one (1) Professional Council Member;
    b) at least two (2) public Council Members; and
    c) at least one (1) Professional Committee Appointee.
    d) up to one (1) Public Member Appointee.

    12. QUALITY ASSURANCE COMMITTEE

    12.01 The Quality Assurance Committee shall consist of at least five (5) voting members with:
    a) at least one (1) Professional Council Member;
    b) at least one (1) public Council Member or Public Committee Appointee; and
    c) at least two (2) Professional Committee Appointees.
    d) A panel of the Quality Assurance Committee shall consist of at least three (3) members of the Committee, at least one of whom must be a Professional Council Member or Professional Committee Appointee, and at least one of whom must be a public Council Member or Public Committee Appointee.

    13. PATIENT RELATIONS COMMITTEE

    13.01 The Patient Relations Committee shall consist of at least five (5) voting members with:
    a) at least one (1) Professional Council Member;
    b) at least one (1) public Council Member or Public Committee Appointee; and
    c) at least two (2) Professional Committee Appointees.

    14. COMMITTEE MEETINGS

    14.01 Each Committee shall meet at the call of its Chair, at a place in Ontario, subject to Article 14.09 of this By-Law, on a date and time designated by the Chair.
    14.02 Committees shall operate in accordance with the Policies and Procedures of the CRTO.
    14.03 No formal notice is required for a meeting of a Committee but reasonable efforts will be made to notify all the Committee Members informally of every meeting and to arrange meeting dates and times for the convenience of the Committee Members.
    14.04 Committee meeting materials are posted at least one (1) week prior to the scheduled Committee meeting date.
    14.05 Unless otherwise provided in the Code or specified in the By-Law, a majority (more than 50%) of the actual members of a Committee constitutes a quorum.
    14.06 The Chair, or their appointee for the purpose, shall preside over meetings of the Committee.
    14.07 Every motion which comes before a Committee may be decided by a majority of the votes cast at the meeting, including the presiding officer’s and, in the case of a tie vote, the motion is defeated.
    14.08 The presiding officer shall cause minutes to be taken of the proceedings of the Committee meeting.
    14.09 Meetings of any Committee or of panels, may be held in any manner that allows all persons participating to communicate with each other simultaneously and instantaneously.  This includes in person, by teleconference, by videoconference, or other means that satisfy Committee Members.

    15. REMUNERATION

    15.01 The fees payable for honoraria and expenses of Council, Committees and Working Group members who are Members of the CRTO shall be as set in Policy.
    15.02 Council Members who are appointed by the Lieutenant Governor in Council will be paid honoraria and expenses by the Health Boards Secretariat of the Government of Ontario.

    16. INDEMNIFICATION AND DIRECTORS INSURANCE

    16.01 Every Council Member, Professional Committee Appointee, Public Member Appointee, officer, employee or appointee of the CRTO, including independent contractors, assessors, investigators and inspectors, and each of their heirs, executors, administrators and estate, respectively, shall from time to time and at all times be indemnified and saved harmless out of the funds of the CRTO from and against:
    a) any liability and all costs, charges and expenses that such person sustains or incurs in respect of any action, suit or proceeding that is proposed or commenced against such person for or respect of anything done or permitted by the person in respect of the execution of the duties of such person’s office; and
    b) subject to the Policies and Procedures of the CRTO and the Government of Ontario, all costs, charges or expenses that such person sustains or incurs in respect of the affairs of the CRTO, except any liability or costs, charges or expenses occasioned by such person’s wilful neglect or default.
    16.02 The CRTO shall at all times maintain “Errors and Omissions Insurance” covering the Council Members and Committees, staff members, independent contractors or officers of the CRTO.

    BY-LAW 2:

    COUNCIL AND COMMITTEES

     

    Approved by Council: March 1, 2024

     

     

    1. DEFINITIONS

    1.01 In this By-Law, and in any other By-Law of the CRTO, unless otherwise defined or required by the context of the specific provision, the following words and phrases shall have the meanings set out below:
    Act The Respiratory Therapy Act, 1991, as amended from time to time and the regulations made under it
    Appointed Officer
    		 An employee of the CRTO appointed by the Council, or the Executive Committee, as an officer
    Chair The person designated to preside over meetings of statutory or non-statutory Committees or panels of the CRTO; includes Vice-Chair who is the alternate designate
    Code The Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act
    Committee A Committee of the CRTO and includes statutory committees established under section 10 of the Code, non-statutory committees, task forces, a Panel of a committee and any other committees established by the Council under these By-Laws
    Council The board of directors of the CRTO, responsible for managing and administering its affairs in accordance with the Code
    Council Member A member of Council elected or appointed in accordance with the Regulated Health Professions Act and/or the Act and/or this By-Law
    CRTO The acronym for the College of Respiratory Therapists of Ontario
    Duly Constituted A meeting in accordance with the required procedure where quorum is met pursuant to the By-Laws
    Ex-Officio By virtue of one’s office, e.g., the Registrar is an ex-officio member of CRTO committees by virtue of their office as Registrar and Chief Executive Officer.  In their capacity as an ex-officio member of a Committee the Registrar has the right, but not the obligation, to attend Committee meetings, other than some aspects of hearings.  However, they are not entitled to make a motion or vote, and is not counted when determining if a quorum is present
    In-Camera In accordance with section 7 of the Code, meetings of Council are open to the public. The Code provides for specific occasions when the Council may exclude the public from a meeting. When the Council excludes the public from a meeting or part of a meeting, it will go in-camera (conduct a private meeting)
    Member Unless further defined, or the context indicates otherwise, is an individual who holds a certificate of registration with the CRTO
    Officer of the CRTO Includes the President, the Vice-President, the Registrar or an appointed officer
    Panel A sub-group of a Committee of the CRTO
    Policies and Procedures The documented processes or courses of action undertaken by the CRTO in response to recurring issues
    Presiding Officer The person who chairs a meeting of Council or a Committee
    Proceeding Any action or process undertaken related to the investigation, hearing or restriction (i.e., terms, conditions and limitations (TCLs) or suspension of a certificate of registration) of a Member’s practice
    Profession The profession of Respiratory Care or Respiratory Therapy
    Professional Committee Appointee A Member of the CRTO who is not a member of the Council, and who has been appointed by the Registrar to the pool available to serve on committees (but not on Council).
    Public Committee Appointees A person who is not a Member of the CRTO, and who has been appointed by the Registrar to the pool available to sit on a committee (but not on Council).
    Professional Council Member A member elected to the Council in accordance with the by-laws and includes a member elected in a by-election or appointed to fill a vacancy
    Public Council Member
    		A person, who is not a Member of the CRTO, and who is appointed to the Council by the Lieutenant Governor in Council
    Registrar Person hired by the Council to act as Chief Executive Officer for the CRTO as required by the Code and as described in By-Law 1: General CRTO Administration, Article 4; includes a person appointed as Acting Registrar by the Council during a vacancy in the office of the Registrar or during the disability or prolonged absence of the Registrar
    Regular Meeting A meeting of the Council to which Article 4.01(a) of this By-Law refers
    Respiratory Therapist A Member of the CRTO
    Respiratory Therapy As defined in the Act as the providing of oxygen therapy, cardio-respiratory equipment monitoring and the assessment and treatment of cardio-respiratory and associated disorders to maintain or restore ventilation; includes the practice of Respiratory Care
    RHPA The Regulated Health Professions Act, 1991, as amended from time to time and includes the Code
    Sitting Council Member An appointed or elected member of the CRTO Council
    Special Meeting A meeting of the Council to which Article 4.01(b) of this By-Law refers

    BY-LAW 3:
    MEMBERSHIP

    Approved by Council: December 12, 2025

    2. THE REGISTER

    2.01 The Registrar shall maintain a register in accordance with section 23 of the Code and in accordance with Regulation 261/18 made under the RHPA.
    Additional Information in the Register
    In addition to the information set out in subsection 23(2) of the Code, the Register shall contain the following publicly available information:
    2.02 If there have been any changes to the Member’s name since the date of the Member’s initial application for registration, the former name(s) of the Member;
    2.03 The name, address and telephone number of every employer for whom the Member is employed as a respiratory therapist and, if the Member is self-employed as a respiratory therapist, the address and telephone number of every location where the Member practices other than addresses of individual clients;
    2.04 For each practice location the area of practice identified by the Member as their “main area of practice”;
    2.05 The language(s) in which the Member is able to provide respiratory therapy services;
    2.06 The Member’s registration number;
    2.07 The Member’s current registration status;
    2.08 The date on which the Member’s current certificate was issued and cessation or expiration date;
    2.09 If the Member ceased to be a Member, a notation specifying the reason for the cessation of Membership and the date on which the Member ceased to be a Member;
    2.10 Where a Member has been charged with an offence under the Criminal Code of Canada, Health Insurance Act, Controlled Drugs and Substances Act (Canada), or any other charge that relates to the Member’s suitability to practice, the fact and content of the charge, the date and place of the charge, where applicable bail conditions, and, where known the date and outcome of the charge(s);
    2.11 Information about a finding by a court that the Member has been found guilty of an offence under the Health Insurance Act, or any other offence that relates to the Member’s suitability to practise, including:
      i. the date and a summary of the finding,
      ii. the date and the sentence imposed, if any, and
      iii. where the finding is under appeal, a notation to that effect;
    2.12 Any information jointly agreed to be placed on the register by the CRTO and the Member;
    2.13 The name and location of practice, if known, of individuals reported to the CRTO for holding themselves out as respiratory therapists or as qualified to practise as a respiratory therapist or in a specialty of respiratory therapy, in accordance with S.9 of the Respiratory Therapy Act, 1991.
    Considerations
    2.14 In the event that the Member is not employed or not self-employed as a respiratory therapist a notation shall be made on the register to indicate the Member does not have a business address.
    2.15 In the event that the Member’s business address is the same as the Member’s residential address, the Member shall provide a designated business address if the Member does not want their residential addressed to be posted as their business address for the purposes of the CRTO’s public register.
    2.16 Information that is subject to a publication ban shall not be placed in the register.

    3. DUTY TO PROVIDE INFORMATION

    3.01 In addition to the information listed in Articles 2.01 to 2.16 of this By-law, if requested in a manner determined by the Registrar, Members shall immediately provide the following information about the Member to the CRTO:
      a) address and phone number of primary residence;
      b) date of birth;
      c) languages spoken;
      d) preferred email address;
      e) information related to entry to practice examination results;
      f) information related to respiratory therapy or related education;
      g) information related to employment history;
      h) proof of professional liability insurance;
      i) employment information for each practice location, including:
        i. title and position;
        ii. employment category and status;
        iii. name of supervisor;
        iv. employer facsimile number;
        v. a description of respiratory therapy activities; and
        vi. areas of practice.
      k) information for the purpose of Ministry health human resources planning as required under section 36.1 of the RHPA;
      l) information about participation in the Quality Assurance Program;
      m) information about any charge on or after January 1, 2016:
        i. under the Criminal Code of Canada, including any bail conditions;
        ii. under the Health Insurance Act;
        iii. related to prescribing, compounding, dispensing, selling or administering drugs;
        iv. that occurred while the member was practicing or that was related to the practice of the member (other than a municipal by-law infraction or an offence under the Highway Traffic Act);
        v. relating to the member’s impairment or intoxication; or
        vi. any other charge or offence relevant to the member’s suitability to practise the profession.
      n) information about any finding by a court made after June 3, 2009 of professional negligence or malpractice against the member;
      o) information regarding professional registration and conduct; and
      p) information related to professional corporations as required by section 23(2) of the Code and Article 5 of this By-Law.
    3.02 Within thirty (30) days of the effective date of the change, Members shall notify the CRTO in writing of any change in the information provided on their previous registration renewal form or application for registration form, including:
      a) name(s);
        i. The Member must provide information satisfactory to the Registrar confirming that the Member has legally changed their name; and
        ii. The Registrar must be satisfied that the name change is not for any improper purpose.
      b) address and telephone number of the member’s primary residence;
      c) member’s business name, address telephone and facsimile number;
      d) preferred email address;
      e) employment status;
      f) conduct information as noted in Article 3.01(m-o) of this By-law; and/or
      g) information related to professional corporations as required by section 23(2) of the Code and Article 5 of this By-Law.

    4. FEES

     

    Schedule of Fees
    4.01 The CRTO shall maintain a Schedule of Fees that is available on the CRTO’s website.
    Application Fees
    4.02 There is a non-refundable application fee for a General, Graduate, Limited or Emergency certificate of registration.
    4.03 A Member applying for a change in class of certificate of registration shall be exempt from paying the application fee.
    Annual Fees
    4.04 In this Article, “fiscal year” means the CRTO’s membership year that begins on March 1 and ends on the last day of the following February.
    4.05
    Every Member registered with a General, Graduate, Limited or Inactive certificate of registration shall pay the annual fee before March 1 of each year.
    4.06 For applicants who have been approved for registration with the CRTO, the annual fee for a General, Graduate or Limited certificate of registration is prorated on a quarterly basis, as defined in the Schedule of Fees.
    4.07 Where a Member holding an Inactive certificate of registration is reissued a General or Limited certificate of registration, in accordance with the Registration Regulation and the By-Laws, the annual fee for the year in which the General or Limited certificate is reissued is prorated on a quarterly basis.
    4.08 The Registrar shall notify each Member of the amount of the annual fee and the day on which the fee is due. The Member’s obligation to pay the annual fee remains even if the Member fails to receive such notice.

    Emergency Certificate Registration Fees
    4.09 Every applicant who has been approved for registration in the Emergency Class shall pay the Emergency Certificate Initial Registration fee, as set in the Schedule of Fees, before the Emergency certificate issue date.
    4.10 Where applicable, every Member registered with an Emergency certificate of registration shall pay the Emergency Certificate Registration Renewal fee, as set in the Schedule of Fees, on or before the certificate expiry date.

    Late Penalty Fee
    4.11 If a Member registered with a General, Graduate, Limited or Inactive certificate of registration fails to pay the annual fee on or before the day on which the fee is due, the Member shall pay a penalty fee in addition to the annual fee.
    4.12 If a Member fails to submit the completed registration renewal by the date it is due, then the Member shall pay a penalty as if the Member had failed to pay the annual fee on time.
    4.13 If a Member fails to complete any obligation outlined in the CRTO Professional Development Program Policy by the established deadline, one post-deadline reminder will be sent by the CRTO. If the Member does not complete the obligation within fifteen (15) days of the sent date of the reminder notice, they will be charged a penalty fee as outlined in the CRTO Schedule of Fees.
    Reinstatement Fees

     
    4.14 There is a fee for reinstating a certificate of registration that has been suspended under subsection 65(1) of the Registration Regulation or section 24 of the Code.
    Committee and Program Fees
     
    4.15 The College may charge a Member, a health profession corporation or other person a fee in connection with decisions or activities that the College or a College Committee are required or authorized to make or do with respect to a Member, health profession corporation or other person. Such fees may include an administrative component relating to the decision or activity.
    4.16 Committee or program fees include, but are not limited to the following:

    1. Where consideration of an application for a certificate of registration involves an evaluation by the CRTO of the applicant’s educational program, additional training, or experience.
    2. Where a Member is required by the College’s Quality Assurance Committee to undergo a practice assessment.
    3. Where a Member is required by a College committee to complete an education or remediation program, the fee charged by the supervisor, monitor, preceptor, or trainer, in addition to any administrative fees charged by the College.
    Other Fees
    4.17 A fee shall be payable by a Member where payment is made by cheque, and the cheque is returned to the CRTO due to insufficient funds.
    4.18 At renewal time, if a payment with non-sufficient funds (NSF) is received by the CRTO on March 1, an additional late penalty fee may be charged.
    Fee Refunds
    4.19 The Registrar shall issue a refund to a Member who has paid the annual fee and,
    4.20 The Registrar shall issue a refund to a member who has paid the annual fee and,
    a) who resigns their General, Graduate or Limited certificate between March 1 and November 30;
    b) who changes their General or Limited certificate to Inactive between March 1 and November 30; or
    c) whose Graduate certificate expires between March 1 and November 30.
    4.21 The amount of the refund will be equal to the annual fee paid minus the following:
    • 25% of the annual fee paid – if the change in membership occurs between March 1 and May 31
    • 50% of the annual fee paid – if the change in membership occurs between June 1 and August 31
    • 75% of the annual fee paid – if the change in membership occurs between September 1 and November 30.
    Fee Increases
    4.22 At each fiscal year, the fees set out in the Schedule of Fees shall be increased by an amount to offset increases in the Cost of Overhead and Operations (COO). That amount shall meet or exceed the percentage increase, if any, in the Consumer Price Index for goods and services in Ontario as published by Statistics Canada or any successor organization, unless the Council decides to waive a fee increase for that year.

    5. PROFESSIONAL INCORPORATION

    5.01 There is a fee for the issuance of a certificate of authorization, including for any reinstatement of a certificate of authorization, of a professional corporation.
    5.02 There is a fee for the annual renewal of a certificate of authorization.
    5.03 There is a fee for the issuing of a document or certificate respecting a professional corporation.
    5.04 Every member of the CRTO shall, for every professional corporation of which the member is a shareholder, provide in writing the following information on the application and annual renewal forms, upon the written request of the Registrar within fifteen (15) days and upon any change in the information within fifteen (15) days of the change:
      (1) the name of the professional corporation as registered with the Ministry of Government and Consumer Services;
      (2) any business names used by the professional corporation;
      (3) the name, as set out in the register, and registration number of each shareholder of the professional corporation;
      (4) the name, as set out in the register, of each officer and director of the professional corporation, and the title or office held by each officer and director;
      (5) the head office address, telephone number, facsimile number and email address of the professional corporation;
      (6) the address and telephone number of the major location or locations at which the professional services offered by the professional corporation are provided; and
      (7) a brief description of the professional activities carried out by the professional corporation.
    5.05 The information specified in Article 5.04 of this By-Law is designated as public for the purposes of paragraph 4 of subsection 23(3) of the Code.
    5.06 The Registrar may issue a revised Certificate of Authorization to the corporation if the corporation changes its name after the certificate of authorization has been issued to it and provides proof of name change to the Registrar.

    6. PROFESSIONAL LIABILITY INSURANCE

    6.01 A Member engaging in the practice of respiratory therapy shall carry professional liability insurance with the following characteristics:
      a) the minimum coverage shall be no less than $2,000,000 per occurrence;
      b) the aggregate coverage shall be no less than $4,000,000;
      c) if coverage is through a “claims made” policy, an extended reporting period provision of at least two (2) years;
      d) any deductible must be $1,000.00 or less per occurrence;
      e) any exclusionary conditions and terms must be consistent with standard industry practice with respect to insurance of this type;
      f) the insurer must be licensed with the Financial Services Commission of Ontario or the Office of the Superintendent of Financial Institutions of Canada; and
      g) the Member must be personally insured under the insurance policy.
    Sexual Abuse Therapy and Counselling Fund Endorsement
    6.02 The professional coverage must include proof of a sexual abuse therapy and counselling fund endorsement that,
      a) provides coverage for therapy and counselling for every person eligible for funding under subsection 85.7(4) of the Code; and
      b) provides coverage, in respect of each such eligible person, for the maximum amount of funding that may be provided for the person under the Regulated Health Professions Act, 1991, for therapy and counselling as a result of sexual abuse by the Member.

    BY-LAW 3:
    MEMBERSHIP

    1. DEFINITIONS

    1.01 In this By-Law, and in any other By-Law of the CRTO, unless otherwise defined or required by the context of the specific provision, the following words and phrases shall have the meanings set out below:
      Act The Respiratory Therapy Act, 1991, as amended from time to time and the regulations made under it
      Code
    		 The Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991
      CRTO
    		 The acronym for the College of Respiratory Therapists of Ontario
      Fees
    		 The fees payable to the CRTO by a member or applicant
      Member
    		 Unless further defined, or the context indicates otherwise, is an individual who holds a certificate of registration with the CRTO
      Panel
    		 A sub-group of a Committee of the CRTO
      Policies and Procedures
    		 The documented processes or courses of action undertaken by the CRTO in anticipation of or response to foreseeable or recurring concerns or issues
      Proceeding
    		 Any action or process undertaken related to the investigation, hearing or restriction (i.e., terms, conditions and limitations (TCLs) or suspension of a certificate of registration) of a Member’s practice
      Profession
    		 The profession of Respiratory Care or Respiratory Therapy
      Registrar
    		 Person hired by the Council to act as Chief Executive Officer for the CRTO as required by the Code and as described in Article 4 of this By-Law; includes a person appointed as Acting Registrar by the Council during a vacancy in the office of the Registrar or during the disability or prolonged absence of the Registrar
      Respiratory Therapist A Member of the CRTO
      Respiratory Therapy As defined in the Act as the providing of oxygen therapy, cardio-respiratory equipment monitoring and the assessment and treatment of cardio-respiratory and associated disorders to maintain or restore ventilation; includes the practice of Respiratory Care
      RHPA The Regulated Health Professions Act, 1991, as amended from time to time and includes the Code