Bill 15 (Legislature 30, Session 3)

L30 S3 11970

Alberta — Bills

2022 Bill 15 Third Session, 30th Legislature, 71 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 15 ED UCATION (REFORMING TEACHER PROFESSION DISCIPLINE) AMENDMENT ACT, 2022 THE MINISTER OF EDUCATION Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 15 BILL 15 2022 EDUCATION (REFORMING TEACHER PROFESSION DISCIPLINE) AMENDMENT ACT, 2022 ( A s s e n t e d t o , 2 0 2 2 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 2012 cE-0.3 1 The Education Act is amended by this Act. 2

Section 1 is amended (

a) by adding the followi ng after clause (e): (e.1) “Commissioner” means the Alberta Teaching Profession Commissioner appointed under

section 225.6; (

b) by adding the following after clause (v): (v.1) “Registrar” means the Registrar appointed under

section 195.1; (

c) by repealing clause (kk) and substituting the following: (kk) “teacher” means an indi vidual who holds a teaching certificate;

1 Explanatory Notes Explanatory Notes 1 Amends

chapter E-0.3 of the Statutes of Alberta, 2012. 2 Adds

definitions.

2 (kk.1) “teaching certificate” mean s a teaching certificate as defined in the regulations made under

section 201; 3

Section 30(1)(

f) is repealed and the following is substituted: (

f) in

Part 7, sections 201, 229.1 and Division 3.1; 4 The following is added after the heading “Part 7 Education Professions and Occupations” preceding

section 196: Registrar 195.1(1) The Minister may, in writing, appoint an individual to act as the Registrar for the purposes of this Act and the regulations.

(2) The Registrar may delegate any power, duty or function conferred on the Registrar under this Act or the regulations to any employee or class of employees in the Minister’s department. 5

Section 198(1) is amended by striking out “certificate of qualification as a teacher issued pursuant to this Act” and substituting “teaching certificate”. 6

Section 199 is amended by striking out “certificate of qualification as a teacher issued under this Act” and substituting “teaching certificate”.

2 Explanatory Notes 3

Section 30(1)(

f) presently reads: 30(1) The following provisions and any regulations made under them apply to a registered or accredited private school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the person responsible for the operation of a private school or a member of the governing body of the operator of a private school, as the case may be: (

f) in

Part 7, sections 201 and 218; 4 Registrar. 5

Section 198(1) presently reads: 198(1) Unless otherwise authorized under this Act, a board shall employ as a teacher only an individual who holds a certificate of qualification as a teacher issued pursuant to this Act. 6

Section 199 presently reads: 199 Unless a person holds a certificate of qualification as a teacher issued under this Act, that person is not eligible to hold a supervisory position that directly relates to the teaching functions of a teacher.

3 7

Section 201(1) is amended (

a) by striking out “The Minister may” and substituting “The Lieutenant Governor in Council may”; (

b) in clause (

b) by striking out “certificate of qualification as a teacher” and substituting “teaching certificate”; (

c) by repealing clauses (c), (d), (

e) and (f); (

d) in clause (

g) by striking out “a Registrar and other”; (

e) by repealing clause (j).

3 Explanatory Notes 7

Section 201(1)(b), (c), (d), (e), (f), (

g) and (

j) presently read: 201(1) The Minister may make regulations (

b) governing appeals from a d ecision to refuse to issue a certificate of qualification as a teacher or a leadership certificate, including, without limitation, regulations (

i) respecting the grounds on which an appeal may be made, (ii) providing for the est ablishment of appeal panels and setting out their powers and duties, (iii) providing for procedural and evidentiary matters related to the appeal process, (iv) authorizing the Minister to accept, reject or vary the recommendations of an appeal panel and authorizing the Minister to take any action necessary to implement the Minister’s decision, and (

v) respecting the responsibility of the parties to an appeal for costs in respect of the appeal; (

c) providing for and governing the means of dealing with allegations that a teacher is unskilled or incompetent in teaching or that a principal or other individual who holds a leadership certificate is unskilled or incompetent in carrying out the leadership duties related to that leadership certificate, or the means of dealing with complaints about alleged unprofessional conduct of a teacher or of a principal or other individual who holds a leadership certificate, other than a teacher, principal or other individual who is subject to the disciplinary provisions set out under the Teaching Profession Act, including, without limitation, regulations (

i) governing what constitutes unprofessional conduct of a teacher or unskilled or incompetent teaching, (ii) governing what constitutes unprofessional conduct of a principal or other individual who holds a leadership certificate or the unskilled or incompetent carrying out of the leadership duties related to a leadership certificate, (iii) respecting the form and manner in which a complaint or allegation is to be made,

4 Explanatory Notes (iv) authorizing a complaint or allegation to be dealt with notwithstanding the fact that the individual who is the subject of the complaint or allegation may no longer hold a certificate under this Act, and respecting the circumstances under which that complaint or allegation may be dealt with, (

v) respecting the investigation of complaints and allegations and the powers and duties of a person conducting the investigation or receiving the report of the person conducting the investigation, as the case may be, (vi) respecting the establishment of panels to deal with complaints and allegations and respecting the powers and duties of those panels, (vii) respecting procedural and evidentiary matters in respect of the investigation of complaints and allegations and in respect of the business of the panels, including, without limitation, regulations (

A) providing for the taking of evidence under oath, (

B) providing for the compellability of witnesses, (

C) requiring persons to produce records and documents relevant to the subject-matter of a complaint or allegation, and (

D) authorizing proceedings for civil contempt of court to be brought against a person who fails to comply with a notice to attend a proceeding before a panel as a witness or a notice to produce records or documents, or who refuses to be sworn or to answer questions at a proceeding before a panel, (viii) authorizing a person conducting an investigation of a complaint or allegation to investigate any other matter related to the conduct of the individual who is the subject of the complaint or allegation that arises in the course of the investigation, (ix) authorizing the Minister, on receipt of a panel’s recommendation, to do one or more of the following, whether or not that is the panel’s recommendation:

5 8

Section 214(1)(

a) and (

b) are amended by striking out “certificate of qualification” and substituting “teaching certificate”.

5 Explanatory Notes (

A) dismiss the complaint or allegation; (

B) serve a letter of reprimand on the individual who is the subject of the complaint or allegation; (

C) suspend one or more certi ficates of the individual who is the subject of the complaint or allegation, with or without conditions; (

D) cancel one or more certifi cates of the individual who is the subject of the complaint or allegation, or cancel one or more certificates and issue a certificate of a different class, type or category; (

E) order that the individual who is the subject of the complaint or allegation be ineligible for one or more certificates for a definite or indefinite time, with or without conditions; (

d) respecting the responsibility of the parties to a proceeding in respect of a complaint or allegation referred to in clause (

c) for costs in respect of the proceeding; (

e) authorizing the Minister to accept, reject or vary the recommendations of a committee established under the Teaching Profession Act to cancel or suspend one or more certificates, and authorizing the Minister to take any action necessary to implement the Minister’s decision; (

f) governing the publication of particulars regarding any recommendation or decision made in proceedings in respect of a complaint or allegation referred to in clause (

c) or in proceedings under sections 17 to 65 of the Teaching Profession Act; (

g) authorizing the Minister to appoint a Registrar and other officials for the purpose of carrying out powers and duties under the regulations; (

j) authorizing the Registrar to delegate to any employee under the Minister’s administration the powers or duties of the Registrar that are specified in the regulations; 8

Section 214(1)(

a) and (

b) presently read:

6 9

Section 218 is repealed.

6 Explanatory Notes 214(1) A contract of employment between a board and a teacher automatically terminates at the time that (

a) the teacher’s certificate of qualification is suspended or cancelled by the Minister, or (

b) the teacher’s certificate of qualification expires. 9

Section 218 presently reads: 218(1) In this section, (a) “executive secretary” means the executive secretary as defined in the Teaching Profession Act; (b) “Registrar” means the Registrar appointed under the regulations.

(2) A superintendent or the person responsible for the operation of a private school must make a report in writing to the Registrar regarding the suspension, termination, resignation or retirement from employment of a teacher, principal or other individual if the suspension, termination, resignation or retirement, as the case may be, results from conduct that brings into question the suitability of the teacher, principal or other individual to hold one or more certificates prescribed by the regulations and issued pursuant to this Act.

(3) A board must make a report in writing to the Registrar regarding the suspension, termination, resignation or retirement from employment of a superintendent if the suspension, termination, resignation or retirement, as the case may be, results from conduct that brings into question the suitability of the superintendent to hold one or more certificates issued under this Act.

(4) If a report made under subsection (2) is in respect of a teacher, principal or other individual who is employed by the board and who is subject to the disciplinary provisions set out under the Teaching Profession Act, the board must make a complaint about the teacher’s, principal’s or other individual’s conduct pursuant to

section 24 of the Teaching Profession Act.

(5) If a report made under subsection (2) is in respect of a teacher, principal or other individual who is employed by

7 Explanatory Notes (

a) a board and who is not subject to the disciplinary provisions set out under the Teaching Profession Act, (

b) the person responsible for th e operation of a private school, or (

c) the operator of a charter school, the superintendent, the person responsible for the operation of the private school or the operator of the charter school must make a complaint about the teacher’s, principal’s or other individual’s conduct pursuant to the applicable regulation made under sections 201 and 224.

(6) A board that makes a report under subsection (3) must make a complaint about the conduct of the superintendent pursuant to the applicable regulation under

section 224.

(7) No action lies against any of the following in respect of any report made under subsection (2) or (3) in good faith when acting or purporting to act under this Act or the regulations: (

a) a superintendent; (

b) a board; (

c) the person responsible for the operation of a private school or the operator of a charter school; (

d) a person appointed as an official trustee; (

e) the executive secretary; (

f) a person who acts on the instruction of, or under the supervision of, a person referred to in clauses (

a) to (e).

(8) No action for defamation may be founded on a report made under subsection (2) or (3) in good faith.

(9) If a complaint under subsection (4), (5) or (6) is dismissed, the Registrar must remove (

a) from the teacher’s, principa l’s or other individual’s file the corresponding report made under subsection (2), and (

b) from the superintendent’s file the corresponding report made under subsection (3).

8 10

Section 221(1) and (2) are amended by striking out “certificate of qualification as a teacher issued under this Act” and substituting “teaching certificate”. 11

Section 224 is amended (

a) by renumbering subsection (1) as subsection (1.1) and by adding the following before subsection (1.1): Regulations 224(1) The Minister may make regulations respecting the qualifications, appointment and conditions of employment and the termination of employment of superintendents of schools. (

b) in subsection (1.1) (

i) by striking out “The Minister may” and substituting “The Lieutenant Governor in Council may”; (ii) by repealing clauses (a), (d), (

e) and (f); (iii) in clause (

g) by striking out “a Registrar and other”; (iv) by repealing clause (j); (

c) in subsection (2) by adding “or (1.1)” after “subsection (1)”.

8 Explanatory Notes 10

Section 221(1) and (2) presently read: 221(1) Unless otherwise authorized under this Act, a board shall not knowingly employ as a teacher a person who does not hold a certificate of qualification as a teacher issued under this Act.

(2) Unless otherwise authorized under this Act, a person shall not teach in a school operated by a board unless that person holds a certificate of qualification as a teacher issued under this Act. 11

Section 224(1)(a), (d), (e), (f), (

g) and (

j) and (2) presently read: 224(1) The Minister may make regulations respecting superintendents of schools, including regulations (

a) respecting the qualifications, appointment and conditions of employment and the termination of employment of superintendents of schools; (

d) providing for and governing the means of dealing with allegations that a superintendent or other individual who holds a superintendent leadership certificate is unskilled or incompetent in carrying out the leadership duties related to that superintendent leadership certificate, or the means of dealing with complaints about alleged unprofessional conduct of a superintendent or other individual who holds a superintendent leadership certificate, including, without limitation, regulations (

i) governing what constitutes unprofessional conduct of a superintendent or other individual who holds a superintendent leadership certificate or unskilled or incompetent carrying out of the leadership duties related to a superintendent leadership certificate, (ii) respecting the form and manner in which a complaint or allegation is to be made, (iii) authorizing a complaint or allegation to be dealt with notwithstanding the fact that the individual who is the subject of the complaint or allegation may no longer hold a certificate under this Act, and respecting the circumstances under which that complaint or allegation may be dealt with,

9 Explanatory Notes (iv) respecting the investigation of complaints and allegations and the powers and duties of the person conducting the investigation or receiving the report of the person conducting the investigation, as the case may be, (

v) respecting the establishment of panels to deal with complaints and allegations and respecting the powers and duties of those panels, (vi) respecting procedural and evidentiary matters in respect of the investigation of complaints and allegations and in respect of the business of the panels, including, without limitation, regulations (

A) providing for the taking of evidence under oath, (

B) providing for the compellability of witnesses, (

C) requiring persons to produce records and documents relevant to the subject-matter of a complaint or allegation, and (

D) authorizing proceedings for civil contempt of court to be brought against a person who fails to comply with a notice to attend a proceeding before a panel as a witness or a notice to produce records or documents, or who refuses to be sworn or to answer questions at a proceeding before a panel, (vii) authorizing a person conducting an investigation of a complaint or allegation to investigate any other matter related to the conduct of the individual who is the subject of the complaint or allegation that arises in the course of the investigation, and (viii) authorizing the Minister, on receipt of a panel’s recommendation, to do one or more of the following, whether or not that is the panel’s recommendation: (

A) dismiss the complaint or allegation; (

B) serve a letter of reprimand on the individual who is the subject of the complaint or allegation; (

C) suspend one or more certi ficates of the individual who is the subject of the complaint or allegation, with or without conditions;

10 12

Section 225.1 is repealed and the following is substituted: Division 3.1 Discipline of Teachers and Teacher Leaders

Definitions 225.1 In this Division, (a) “administrator” means (

i) in the case of a school op erated by a board, Francophone regional authority or operator of a charter school,

10 Explanatory Notes (

D) cancel one or more certifi cates of the individual who is the subject of the complaint or allegation, or cancel one or more certificates and issue a certificate of a different class, type or category; (

E) order that the individual who is the subject of the complaint or allegation be ineligible for one or more certificates for a definite or indefinite time, with or without conditions; (

e) respecting the responsibility of the parties to a proceeding in respect of a complaint or allegation referred to in clause (

d) for costs in respect of the proceeding; (

f) governing the publication of particulars regarding any recommendation or decision made in proceedings in respect of a complaint or allegation referred to in clause (d); (

g) authorizing the Minister to appoint a Registrar and other officials for the purpose of carrying out powers and duties under the regulations; (

j) authorizing the Registrar to delegate to any employee under the Minister’s administration powers or duties of the Registrar that are specified in the regulations;

(2) A regulation made under subsection (1) may be specific or general in its application. 12 Division 3.1 Discipline of Teachers and Teacher Leaders.

11 (

A) the superintendent appointed under this Act for the board, Francophone regional authority or charter school, or (

B) in respect of a matte r that relates to the superintendent, (

I) the chair of the board or Francophone regional authority, or (II) the operator of the charter school, (ii) in the case of an early childhood services program provided by a person other than a board or a private school, (

A) if the person providing the early childhood services program is an individual, that individual, or (

B) if the person providing the early childhood services program is not an individual, the chair of the board of the society under the Societies Act, the non-profit company under

Part 9 of the Companies Act or the non-profit corporation incorporated by or under

an Act of the Legislature that is providing the early childhood services program, (iii) in the case of a private school, (

A) if the person responsible for the operation of the private school is an individual, that individual, or (

B) if the person responsible for the operation of the private school is not an individual, the chair of the board of the society under the Societies Act, the non- profit company under

Part 9 of the Companies Act or the non-profit corporation incorporated by or under

an Act of the Legislature that is responsible for the operation of the private school, (iv) in the case of a First Nation school, (

A) the director of education, or

11 Explanatory Notes

12 (

B) if there is no director of education, the individual designated by the Commissioner as the administrator of the First Nation school for the purposes of this Division, o r (

v) in the case of an institution approved by the Minister, th e individual designated by the Commissioner as the administrator of the institution for the purposes of this Division; (b) “appeal committee” means an appeal committee established under

section 225.9993(4); (c) “code of professional conduct” means the code of professional conduct established under the regulations; (d) “complainant appeal com mittee” means a complainant appeal committee established under

section 225.95(3); (e) “complaint” means (

i) a complaint made under

section 225.91(1), (ii) a matter referred by the Registrar to the Commissioner under

section 225.91(3)(a), (iii) a matter in respect of which the Commissioner, of the Commissioner’s own initiative, makes preliminary inquiries under

section 225.91(3)(b), and (iv) a notice of termination referred to in

section 225.92; (f) “conduct” includes

an act or omission; (g) “consent resolu tion agreement” means a consent resolution agreement entered into under

section 225.994; (h) “First Nation school” m eans a structured learning environment through which an education program is offered by (

i) a council of a band as defined in the Indian Act (Canada),

12 Explanatory Notes

13 (ii) a person authorized by th e council of a band as defined in the Indian Act (Canada), or (iii) the Government of Canada; (i) “hearing committee” means a hearing committee established under

section 225.9(1); (j) “indictable offence” m eans an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or the Youth Criminal Justice Act (Canada) that is prosecuted by indictment; (k) “investigator” means an i nvestigator appointed under

section 225.96; (l) “investigator’s report” mean s a report referred to in

section 225.96(4); (m) “leadership certificate” m eans a leadership certificate as defined in the regulations made under

section 201; (n) “Leadership Quality Standard” means the Leadership Quality Standard adopted by the Minister under

section 18(2)(b), as amended from time to time; (o) “panel” means the profe ssional conduct and competency general panel established under

section 225.8(1); (p) “panel member” means an individual appointed to the panel under

section 225.8(2); (q) “professional incompete nce” means being unskilled or incompetent in carrying out teaching duties related to a teaching certificate or leadership duties related to a leadership or superintendent leadership certificate, as described in

section 225.3; (r) “superintendent leader ship certificate” means a superintendent leadership certificate as defined in the regulations made under

section 224; (s) “Superintendent Leadershi p Quality Standard” means the Superintendent Leadership Quality Standard adopted by the

13 Explanatory Notes

14 Minister under

section 18(2)( b), as amended from time to time; (t) “teacher” means an indi vidual who holds a teaching certificate or who once held but no longer holds a teaching certificate; (u) “teacher leader” means a t eacher who holds a leadership certificate or superintendent leadership certificate, including a principal or superintendent, or who once held but no longer holds a leadership certificate or superintendent leadership certificate; (v) “Teaching Quality Standard ” means the Teaching Quality Standard adopted by the Minister under

section 18(2)(b), as amended from time to time; (w) “unprofessional conduct” means conduct described in

section 225.4. Application of Division 225.2 This Division applies to teachers and teacher leaders in respect of complaints relating to alleged professional incompetence and alleged unprofessional conduct. Professional incompetence 225.3(1) Failure to meet the requirements of the Teaching Quality Standard constitutes professional incompetence in carrying out the teaching duties related to a teaching certificate.

(2) Failure to meet the requirements of the Leadership Quality Standard constitutes professional incompetence in carrying out the leadership duties related to a leadership certificate.

(3) Failure to meet the requirements of the Superintendent Leadership Quality Standard constitutes professional incompetence in carrying out the leadership duties related to a superintendent leadership certificate. Unprofessional conduct 225.4 Conduct that (

a) is detrimental to the best interests of students, the public, teachers or teacher leaders or the teaching profession,

14 Explanatory Notes

15 (

b) does not comply with the code of professional conduct, or (

c) is the basis for a conviction for an indictable offence constitutes unprofessional conduct. Code of professional conduct 225.5(1) The Lieutenant Governor in Council may by regulation establish a code of professional conduct for teachers and teacher leaders.

(2) A teacher or teacher leader shall comply with the code of professional conduct. Alberta Teaching Profession Commissioner Alberta Teaching Profession Commissioner 225.6(1) The Lieutenant Governor in Council shall appoint a Commissioner subject to the Public Service Act to carry out the duties and functions and exercise the powers set out in this Act and the regulations.

(2) The Commissioner may be appointed for a term of up to 5 years and may be reappointed.

(3) The Commissioner may delegate any power, duty or function conferred on the Commissioner under this Act or the regulations to any employee or class of employees in the Minister’s department. Annual report 225.7(1) In this section, “fiscal year” means the period beginning on April 1 of one year and ending on March 31 of the next year.

(2) As soon as possible after the end of each fiscal year, the Commissioner shall prepare and submit to the Minister, in a form satisfactory to the Minister, a report summarizing the Commissioner’s activities during the previous fiscal year that contains the information required by the Minister.

(3) On receiving a report under subsection (2), the Minister shall lay a copy of the report before the Legislative Assembly if it is sitting, and if not, within 15 days after the commencement of the next sitting.

15 Explanatory Notes

16 Panel and Committees Professional conduct and competency general panel 225.8(1) The professional conduct and competency general panel is established.

(2) The Minister may appoint panel members in accordance with the regulations.

(3) The Minister may designate the chair and vice-chair of the panel from among the panel members. Committees 225.9(1) Where the chair of the panel is directed to establish a hearing committee under this Division, the chair of the panel shall (

a) establish the hearing committee, (

b) appoint the committee members from among the panel members in accordance with the regulations, and (

c) designate a chair of the hearing committee.

(2) Where the chair of the panel establishes a complainant appeal committee under

section 225.95(3) or an appeal committee under

section 225.9993(4)(a), the chair of the panel shall (

a) appoint the committee members from among the panel members in accordance with the regulations, and (

b) designate a chair of the co mplainant appeal committee or appeal committee.

(3) A chair of a hearing committee, complainant appeal committee or appeal committee may (

a) deal with any preliminary or procedural matters incidental to a hearing, complainant appeal or appeal, (

b) arrange for matters to be set down before the committee, (

c) adjourn matters bef ore the committee, and (

d) perform the administrativ e functions necessary to enable the committee to carry out its duties.

16 Explanatory Notes

17 Complaints and Investigations Complaints 225.91(1) Any person may make a complaint in writing to the Registrar (

a) alleging that a teacher is professionally incompetent in carrying out the teaching duties related to a teaching certificate, (

b) alleging that a teacher leade r is professionally incompetent in carrying out the leadership duties related to a leadership certificate or superintendent leadership certificate, or (

c) about alleged un professional conduct of a teacher or teacher leader.

(2) If an administrator has reason to believe that a teacher or teacher leader has been or may have been convicted of an indictable offence at a time when the teacher or teacher leader held a teaching certificate, leadership certificate or superintendent leadership certificate or was eligible for the reissuance of any of those certificates, the administrator shall make a complaint under this

section relating to that belief.

(3) In the absence of a complaint, (

a) the Registrar may refer a matter relating to the alleged professional incompetence or alleged unprofessional conduct of a teacher or teacher leader to the Commissioner, or (

b) the Commissioner may, of the Commissioner’s own initiative, decide to make any preliminary inquiries with respect to a matter relating to the alleged professional incompetence or alleged unprofessional conduct of a teacher or teacher leader that the Commissioner considers appropriate.

(4) A matter described in subsection (3) is considered a complaint but the Registrar or Commissioner is not considered to be a complainant for the purposes of this Act.

(5) The Registrar shall, on receiving a complaint under subsection (1) or (2) or

section 225.92,

17 Explanatory Notes

18 (

a) refer the complaint to the Commissioner, or (

b) dismiss the complaint if the complaint is in respect of an individual other than a teacher or teacher leader. Termination of contract as complaint 225.92(1) If the employer of (

a) a teacher who holds a teaching certificate, or (

b) a teacher leader who holds a leadership certificate or superintendent leadership certificate terminates the contract of employment of the teacher or teacher leader on grounds related to the professional incompetence or alleged unprofessional conduct of the teacher or teacher leader, the employer shall forward the notice of termination and the grounds for the termination to the Registrar.

(2) A notice of termination received under subsection (1) is deemed to be a complaint, but the employer is not considered to be a complainant for the purposes of this Act.

(3) The Commissioner shall not take any action under

section 225.94 with respect to the complaint until (

a) any appeal to the Board of Reference or to the Court of Appeal relating to the termination of the contract of employment has been heard and disposed of, or (

b) the time for commencing an appeal to the Board of Reference or to the Court of Appeal relating to the termination of the contract of employment has expired without an appeal being commenced. Limitations on complaints 225.93(1) A complaint alleging that a teacher is professionally incompetent in carrying out teaching duties may be made only in respect of alleged professional incompetence that occurred within the 2-year period before the complaint was made.

(2) A complaint alleging that a teacher leader is professionally incompetent in carrying out leadership duties related to a leadership certificate or superintendent leadership certificate may be made

18 Explanatory Notes

19 only in respect of alleged professional incompetence that occurred within the 2-year period before the complaint was made.

(3) A complaint may be made about the alleged unprofessional conduct of a teacher or teacher leader at any time. Commissioner’s actions respecting complaint 225.94(1) Subject to

section 225.92(3), where the Registrar refers a complaint under

section 225.91(3)(

a) or (5)(

a) or the Commissioner decides to make preliminary inquiries with respect to a complaint under

section 225.91(3)(b), the Commissioner shall, within 30 days after the complaint is referred or the decision is made, (

a) make any prelimin ary inquiries relating to the complaint that the Commissioner considers appropriate, (

b) serve a notice setting out th e nature of the complaint on the teacher or teacher leader who is the subject of the complaint, and (

c) notify the administrator in writing of the nature of the complaint.

(2) Subject to subsection (3), within 30 days after the day on which the Commissioner concludes preliminary inquiries made under subsection (1)(a), the Commissioner shall (

a) decide to take no furthe r action with respect to the complaint if the Commissioner is of the opinion that the complaint is frivolous, vexatious or without merit, (

b) refer the complaint to a mediation process under

section 225.992 if the complaint relates to alleged professional incompetence or alleged unprofessional conduct, (

c) refer the complaint to a dispute resolution process under

section 225.993 if (

i) the complaint relates to alleged unprofessional conduct, and (ii) the Commissioner is of the opinion that the complaint does not warrant an investigation,

19 Explanatory Notes

20 o r (

d) appoint an investigator under

section 225.96 and refer the complaint to the investigator if the Commissioner is of the opinion that the complaint warrants an investigation.

(3) If the Commissioner decides to appoint an investigator under

section 225.96 with respect to a complaint relating to the alleged professional incompetence of a teacher or teacher leader, and the Commissioner is aware that the employer of the teacher or teacher leader is investigating the matter, the Commissioner shall appoint an investigator within 30 days after being advised that the employer’s investigation has been concluded.

(4) The Commissioner shall forthwith (

a) serve on the complainant and the teacher or teacher leader (

i) the Commissioner’s decision under subsection (2), including the reasons for the decision, and (ii) notice of the complainant’s right to appeal the decision under

section 225.95 if the decision is that no further action will be taken, a n d (

b) send the Commissioner’s decision under subsection (2) and the reasons for the decision to (

i) the administrator, and (ii) to the Registrar, if the Commissioner makes a decision under subsection (2)(a). Appeal by complainant 225.95(1) Where the Commissioner decides to take no further action with respect to a complaint under

section 225.94(2)(

a) or 225.97(3)(

a) or (4)(a), the complainant may appeal the Commissioner’s decision to a complainant appeal committee.

(2) A complainant appeal must be commenced by submitting a notice of complainant appeal to the chair of the panel in accordance with the regulations within 15 days after the day on which the

20 Explanatory Notes

21 complainant is served with the Commissioner’s decision under

section 225.94(4) or 225.97(5).

(3) Subject to the regulations, on receiving a notice of complainant appeal, the chair of the panel shall (

a) establish a complainant appeal committee, and (

b) notify the Commissioner, t he teacher or teacher leader and the administrator of the complainant appeal.

(4) The chair of the complainant appeal committee shall forthwith (

a) set the date, time and location of the complainant appeal hearing, and (

b) at least 15 days before the date set for the complainant appeal hearing, (

i) serve a notice on the complainant, the Commissioner and the teacher or teacher leader who is the subject of the complaint that contains the information prescribed by the regulations, and (ii) send the notice referred to in subclause (

i) to the Registrar.

(5) A complainant appeal hearing must be conducted in accordance with the regulations.

(6) Within 15 days after the complainant appeal hearing, the complainant appeal committee shall (

a) confirm the Commissioner’s decision, (

b) direct the Commissioner to appoint an investigator under

section 225.96 and refer the complaint to the investigator to conduct an investigation or continue an investigation, (

c) direct the chair of the pa nel to establish a hearing committee under

section 225.9 and refer the complaint to the hearing committee for a hearing under

section 225.996, or (

d) refer the complaint to a dispute resolution process under

section 225.993 if the complaint relates to alleged unprofessional conduct.

21 Explanatory Notes

(7) The chair of the complainant appeal committee shall forthwith (

a) serve the complainant appeal committee’s decision, including the reasons for the decision, on (

i) the complainant, and (ii) the teacher or teacher leader, a n d (

b) send the complainant ap peal committee’s decision, including the reasons for the decision, to (

i) the Commissioner, (ii) the administrator, and (iii) the Registrar, if the complainant appeal committee makes a decision under subsection (6)(a). Investigations 225.96(1) Where the Commissioner is directed to appoint an investigator and refer a complaint to the investigator under

section 225.95(6)(

b) or where the Commissioner decides to appoint an investigator under

section 225.94(2)(d), 225.992(7)(

b) or 225.993(7)(b), the Commissioner shall appoint an investigator and refer the complaint to the investigator.

(2) Where a complaint is referred to an investigator under subsection (1), the investigator shall (

a) commence an investigation within 30 days after the matter or complaint is referred, and (

b) conduct the investigation in accordance with the regulations.

(3) An investigator appointed under this

section has the powers set out in the regulations.

(4) The Commissioner may suspend an investigation at any time if, in the opinion of the Commissioner, the investigation should be suspended pending the completion of another proceeding relating to the complaint being investigated.

22 Explanatory Notes

(5) On concluding an investigation, the investigator shall send to the Commissioner a written report and copies of all material related to the investigation.

(6) If the teacher or teacher leader who is the subject of the investigation is alleged to have been convicted of an indictable offence, the investigator shall attempt to confirm whether the teacher or teacher leader has, in fact, been convicted of an indictable offence and on doing so, shall include that fact in the report referred to in subsection (5). Commissioner’s actions after investigation 225.97(1) In this

section and

section 225.98, “prescribed offence” means an offence prescribed by the regulations.

(2) This

section does not apply where an investigator’s report confirms that the teacher or teacher leader who is under investigation has been convicted of a prescribed offence that proceeded by indictment.

(3) On receiving an investigator’s report respecting a complaint of alleged professional incompetence, the Commissioner shall forthwith (

a) decide to take no furthe r action with respect to the complaint if the Commissioner is of the opinion that (

i) the matter is frivolous, v exatious or without merit, or (ii) there is insufficient evidence to warrant a hearing befor e a hearing committee, (

b) seek to enter into a consent resolution agreement with the teacher or teacher leader under

section 225.994 if the Commissioner is of the opinion that the teacher or teacher leader is professionally incompetent in teaching or leadership duties, or (

c) direct the chair of the pa nel to establish a hearing committee under

section 225.9 and refer the complaint to the hearing committee for a hearing under

section 225.996 if the Commissioner is of the opinion that the complaint warrants a hearing.

23 Explanatory Notes

(4) On receiving an investigator’s report respecting a complaint of alleged unprofessional conduct, the Commissioner shall forthwith (

a) decide to take no furthe r action with respect to the complaint if the Commissioner is of the opinion that (

i) the matter is frivolous, v exatious or without merit, or (ii) there is insufficient evidence to warrant (

A) a dispute resolution process under

section 225.993, or (

B) a hearing before a hearing committee, (

b) direct the chair of the panel to appoint a panel member to conduct a dispute resolution process and refer the complaint to the panel member to conduct a dispute resolution process under

section 225.993 if the Commissioner is of the opinion that the complaint does not warrant a hearing, (

c) enter into a consent resolu tion agreement with the teacher or teacher leader under

section 225.994 if the Commissioner is of the opinion that the conduct of the teacher or teacher leader constitutes unprofessional conduct, (

d) direct the chair of the pa nel to establish a hearing committee under

section 225.9 and refer the complaint to the hearing committee for a hearing under

section 225.996 if (

i) the investigator’s report confirms that the teacher or teacher leader has been convicted of an indictable offence other than a prescribed offence, or (ii) the Commissioner is of the opinion that the complaint warrants a hearing, o r (

e) initiate the process under

section 225.98 if the investiga tor’s report confirms that the teacher or teacher leader has been convicted of a prescribed offence that proceeded by indictment.

(5) The Commissioner shall

24 Explanatory Notes

25 (

a) serve on the complainant, i f any, and the teacher or teacher leader (

i) the Commissioner’s decision under subsection (3) or (4), including the reasons for the decision, and (ii) notice of the complainant’s right to appeal the decision under

section 225.95 if the decision is to take no further action, a n d (

b) send the Commissioner’s decision under subsection (3) or (4), including the reasons for the decision (

i) to the administrator, and (ii) to the Registrar, if the Commissioner makes a decision under subsection (3)(

a) or (4)(a).

(6) The Commissioner shall send to the teacher or teacher leader the investigator’s report. Expedited Process for Cancellation of Certificates Where report confirms conviction for prescribed offence 225.98 Where an investigator’s report confirms that a teacher or teacher leader has been convicted of a prescribed offence that proceeded by indictment, the Commissioner shall (

a) send to the Minister (

i) the investigator’s report, and (ii) the Commissioner’s recommendation as to whether (

A) the Minister should cancel one or more certificates issued to the teacher or teacher leader without referring the matter to a hearing committee, or (

B) the complaint should be referred to a hearing committee,

25 Explanatory Notes

26 (

b) serve on the teacher or teacher leader (

i) the investigator’s report, and (ii) a notice of the recommendation being made to th e M inister under clause (a)(ii), which must include a statement that all certificates to which the recom mendation relates are automatically suspended by operation of

section 225.99, a n d (

c) send to the Minister and the Registrar the notice referred to in clause (b)(ii). Automatic suspension 225.99(1) Where the Commissioner makes a recommendation under

section 225.98(a)(ii), all certificates held by the teacher or teacher leader are automatically suspended on the teacher or teacher leader being served with a notice under

section 225.98(b)(ii).

(2) An automatic suspension of a certificate under subsection (1) remains in place until (

a) the Minister directs otherw ise after a hearing, if the Minister directs that a hearing committee be established and the co mplaint be referred to the hearing committee under sectio n 225.991(1)(b), or (

b) the Minister cancels the certificate under

section 22 5.991(1)(a). (3) Subsections (1) and (2) apply notwithstanding any other provision of this Act, the regulations, the issuance of any certificate or the length or terms of any suspension imposed under this Act. Powers of Minister where report confirms conviction 225.991(1) On receiving the investigator’s report and the Commissioner’s recommendation under

section 225.98(

a) and the notice under

section 225.98(c), the Minister shall (

a) cancel one or more certificates issued to the teacher or teacher lea der without referring the matter to a hearing committee, or

26 Explanatory Notes

27 (

b) direct the chair of the pa nel to establish a hearing committee under

section 225.9 and refer the complaint to the hearing committee for a hearing under

section 225.996.

(2) Before making a decision under subsection (1), the Minister shall serve on the teacher or teacher leader and send to the Registrar a notice of the Minister’s intent to make the decision.

(3) A notice under subsection (2) must (

a) provide the teacher or teac her leader with a period of 15 days to provide a written response setting out any reasons why the teacher or teacher leader objects to the intended decision, (

b) state the date by which the written response must be made, the form and manner in which it may be made and the address to which it may be sent, and (

c) include a statement that all certificates to which the int ended decision relates are automatically suspended by operation of

section 225.99.

(4) The Minister shall consider the response of the teacher or teacher leader, if any, before making a decision under subsection (1).

(5) After making a decision under subsection (1), the Minister shall (

a) serve on the teacher or t eacher leader the Minister’s decision, which must include (

i) the date of the decision, (ii) the reasons for the decision, and (iii) if the decision is to can cel one or more certificates, an identification of all the certificates being cancelled and the date on which each cancellation takes effect, a n d (

b) send to the Registrar the Minister’s decision and any noti ces served under this section.

27 Explanatory Notes

28 Mediation, Dispute Resolution and Consent Resolution Agreements Mediation process 225.992(1) Where the Commissioner refers a complaint to a mediation process under

section 225.94(2)(b), the Commissioner shall direct the chair of the panel to appoint a panel member in accordance with the regulations to conduct a mediation process.

(2) A mediation process must be conducted in accordance with this

section and the regulations.

(3) A mediation process must be conducted informally and in private.

(4) A mediation process and all statements disclosed during a mediation process are without prejudice and confidential and may not be disclosed to any person other than the Commissioner or used in any other proceedings without the consent of the parties.

(5) On concluding a mediation process, the panel member shall send a written report to the Commissioner that includes the panel member’s opinion as to whether the complaint should be considered resolved or if an investigation or hearing should be conducted.

(6) The Commissioner shall send the report under subsection (5) to the teacher or teacher leader and the complainant for comment before making a decision.

(7) On reviewing the report under subsection (5) and any comments received under subsection (6), the Commissioner shall (

a) decide to take no furthe r action with respect to the complaint if the Commissioner is of the opinion that the complaint is resolved, or (

b) appoint an investigator under

section 225.96 and refer the complaint to the investigator for an investigation.

(8) The Commissioner shall (

a) serve on the complainant and the teacher or teacher leader the Commissioner’s decision under subsection (7), including the reasons for the decision, and

28 Explanatory Notes

29 (

b) send the Commissioner’s decision under subsection (7), including the reasons for the decision (

i) to the administrator, and (ii) to the Registrar, if the Commissioner makes a decision under subsection (7)(a).

(9) A decision of the Commissioner under subsection (7) is final. Dispute resolution process 225.993(1) Where a complaint is referred to a dispute resolution process under

section 225.94(2)(c), 225.95(6)(

d) or 225.97(4)(b), the Commissioner or complainant appeal committee that referred the complaint shall direct the chair of the panel to appoint a panel member in accordance with the regulations to conduct a dispute resolution process.

(2) A dispute resolution process must be conducted in accordance with this

section and the regulations.

(3) A dispute resolution process must be conducted informally and in private.

(4) A dispute resolution process and all statements disclosed during a dispute resolution process are without prejudice and confidential and may not be disclosed to any person other than the Commissioner or used in any other proceedings without the consent of the parties.

(5) On concluding a dispute resolution process, the panel member shall send a written report to the Commissioner that includes the panel member’s opinion as to whether the complaint should be considered resolved or if an investigation or hearing should be conducted.

(6) The Commissioner shall send the report under subsection (5) to the teacher or teacher leader and the complainant for comment before making a decision.

(7) On reviewing the report under subsection (5) and any comments received under subsection (6), the Commissioner shall (

a) decide to take no furthe r action with respect to the complaint if the Commissioner is of the opinion that the

29 Explanatory Notes

30 complaint has been effectively resolved through the dispute resolution process, (

b) appoint an investigator under

section 225.96 and refer the complaint to the investigator for an investigation if the Commissioner is of the opinion that an investigation is warranted, or (

c) direct the chair of the pa nel to establish a hearing committee under

section 225.9 and refer the complaint to the hearing committee for a hearing under

section 225.996 if the Commissioner is of the opinion that a hearing is warranted.

(8) The Commissioner shall (

a) serve on the complainant and the teacher or teacher leader the Commissioner’s decision under subsection (7), including the reasons for the decision, and (

b) send the Commissioner’s decision under subsection (7), including the reasons for the decision, (

i) to the administrator, and (ii) to the Registrar, if the Commissioner makes a decision under subsection (7)(a).

(9) A decision of the Commissioner under subsection (7) is final. Consent resolution agreement 225.994(1) A consent resolution agreement must (

a) be in writing, (

b) be entered into between (

i) the teacher or teacher lead er who is the subject of the complaint, (ii) the Commissioner, and (iii) the Registrar, (

c) set out one or more admi ssions by the teacher or teacher leader of professional incompetence or unprofessional

30 Explanatory Notes

31 conduct in relation to one or more matters raised in the complaint, (

d) set out one or more of the following penalties agreed on by the parties: (

i) a letter of reprimand; (ii) an order to undertake professional development; (iii) a recommendation to the Minister to suspend or cancel one or more of the certificates of the teacher or teacher leader, with or without conditions; (iv) any other penalty prescribed by the regulations, a n d (

e) contain any other information prescribed by the regulation s. (2) Where a consent resolution agreement contains a recommendation under subsection (1)(d)(iii), the Commissioner shall send the consent resolution agreement to the Minister.

(3) On receiving a recommendation under subsection (1)(d)(iii), the Minister may do one or more of the following, whether or not it is the recommendation set out in the consent resolution agreement: (

a) dismiss the complaint; (

b) issue a letter of reprima nd to the teacher or teacher leader; (

c) suspend one or more certifi cates of the teacher or teacher leader, with or without conditions; (

d) cancel one or more certifi cates of the teacher or teacher leader, with or without conditions; (

e) order that the teacher or t eacher leader be ineligible for one or more certificates for a definite or indefinite period, with or without conditions.

(4) Where the Minister dismisses a complaint under subsection (3)(a), the consent resolution agreement is void.

31 Explanatory Notes

(5) Subject to subsections (3) and (4), after a consent resolution agreement is entered into under this section, no further action may be taken under this Division with respect to the matters contained in the consent resolution agreement unless the teacher or teacher leader fails to comply with the consent resolution agreement.

(6) In a proceeding, other than a criminal proceeding, unless agreed to by the Commissioner, Registrar and teacher or teacher leader, an individual shall not disclose or be compelled to disclose a document or other record created specifically for the purposes of entering into a consent resolution agreement.

(7) If the Commissioner, the Registrar and the teacher or teacher leader fail to enter into a consent resolution agreement, the Commissioner shall direct the chair of the panel to establish a hearing committee under

section 225.9 and refer the complaint to the hearing committee for a hearing under

section 225.996.

(8) A hearing committee to which a complaint is referred under subsection (7) shall not consider any admissions made, any information provided or any documents or other records created or provided during the parties’ attempt to enter into the consent resolution agreement, other than the investigator’s report. Hearings Notice of hearing 225.995(1) On the establishment of a hearing committee to hear a complaint, the chair of the hearing committee shall forthwith set the date, time and location of the hearing.

(2) At least 15 days before the date set for the hearing, the chair of the hearing committee shall serve on the Commissioner and the teacher or teacher leader who is the subject of the hearing a notice stating (

a) the date, time and lo cation of the hearing, and (

b) reasonable particulars of the complaint to be heard. Proceedings at hearing 225.996(1) The Commissioner and the teacher or teacher leader who is the subject of the hearing may appear and be represented by

32 Explanatory Notes

33 counsel or any other individual at a hearing before the hearing committee.

(2) A hearing before a hearing committee must be open to the public unless (

a) the complainant requests that the hearing be held in priva te because of the confidential nature of the complaint, or (

b) the interests of any indivi dual other than the teacher or teacher leader who is the subject of the hearing may be detrimentally affected if the hearing is not held in private, in the opinion of the hearing committee.

(3) The hearing committee may grant adjournments of the proceedings or reserve the determination of the complaint before it for a future meeting of the hearing committee.

(4) Evidence may be given before a hearing committee in any manner that the hearing committee considers appropriate, and the hearing committee is not bound by the rules of law respecting evidence applicable to judicial proceedings. Compellable witnesses 225.997(1) Subject to subsection (3), the chair of a hearing committee, at the request of the Commissioner, teacher or teacher leader, may issue a notice requiring the teacher or teacher leader or any other individual who, in the opinion of the chair, may have knowledge of the matter (

a) to appear as a witness be fore the hearing committee, or (

b) to produce any records or documents to the hearing committee.

(2) At least 15 days before the date of the hearing, the chair of the hearing committee shall serve a notice issued under subsection (1) on the individual who is the subject of the notice.

(3) If the teacher or teacher leader has been convicted of an indictable offence, no person shall require the attendance as a witness at a hearing before the hearing committee of any individual who attended as a witness at the court that convicted the teacher or teacher leader of the indictable offence.

33 Explanatory Notes

(4) A witness may be examined under oath on anything relevant to the hearing before a hearing committee and shall not be excused from answering any question on the ground that the answer might (

a) incriminate the witness, (

b) subject the witness to a penalty under an enactment, or (

c) establish the witness’s liability (

i) to a civil proceeding at th e instance of the Crown or of any other person, or (ii) to prosecution under any enactment, but if the answer so given tends to incriminate the witness, subject the witness to a penalty or establish the witness’s liability, it shall not be used or received against the witness in any civil proceedings or in any proceedings under any enactment, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence. Civil contempt proceedings 225.998 If a person fails to comply with a notice of a hearing committee under

section 225.997 or conducts himself or herself in a manner that may be in contempt of the hearing committee or its proceedings, the hearing committee may apply to the Court of Queen’s Bench for an order directing compliance with the hearing committee’s notice, or restraining any conduct found by that Court to be in contempt of the hearing committee or its proceedings. Proceedings in absence of teacher or teacher leader 225.999 The hearing committee may, on proof of service of the notice of hearing on the teacher or teacher leader who is the subject of the hearing, (

a) proceed with the hearing in the absence of the teacher or teacher leader, and (

b) act, decide and report on the matter being heard in the same way as if the teacher or teacher leader were in attendance. Findings of hearing committee 225.9991(1) With respect to a complaint alleging that a teacher or teacher leader is professionally incompetent, the hearing committee

34 Explanatory Notes

35 may find one or more of the following with respect to the teacher or teacher leader: (

a) that the teacher (

i) is professionally incompe tent in carrying out teaching duties related to a teaching certificate if, in the opinion of the hearing committee, the teacher does not meet the requirements of the Teaching Quality Standard, or (ii) is not professionally incompetent in carrying out the teaching duties related to a teaching certificate if, in the opinion of the hearing committee, the teacher meets the requirements of the Teaching Quality Standard; (

b) that the teacher leader (

i) is professionally incompetent in carrying out the leadership duties related to a leadership certificate if, in the opinion of the hearing committee, the teacher leader does not meet the requirements of the Leadership Quality Standard, or (ii) is not professionally incompetent in carrying out the leadership duties related to a leadership certificate if, in the opinion of the hearing committee, the teacher meets the requirements of the Leadership Quality Standard; (

c) that the teacher leader (

i) is professionally incompetent in carrying out the leadership duties related to a superintendent leadership certificate if, in the opinion of the hearing committee, the teacher leader does not meet the requirements of the Superintendent Leadership Quality Standard, or (ii) is not professionally incompetent in carrying out the leadership duties related to a superintendent leadership certificate if, in the opinion of the hearing committee, the teacher meets the requirements of the Superintendent Leadership Quality Standard.

(2) With respect to a complaint that the alleged conduct of a teacher or teacher leader constitutes unprofessional conduct, the hearing committee

35 Explanatory Notes

36 (

a) may find the conduct of th e teacher or teacher leader to constitute unprofessional conduct if, in the opinion of the hearing committee, the conduct of the teacher or teacher leader (

i) is detrimental to the best interests of students, the public, teachers or teacher leaders or the teaching profession, or (ii) does not comply with the code of professional conduct, (

b) shall find the conduct of th e teacher or teacher leader to constitute unprofessional conduct if the conduct of the teacher or teacher leader is the basis for a conviction for an indictable offence, or (

c) if clauses (

a) and (

b) do n ot apply, may find that the conduct of the teacher or teacher leader does not constitute unprofessional conduct.

(3) If a hearing committee makes a finding under subsection (2)(b), (

a) the hearing committee sha ll make a recommendation to the Minister under

section 225.9992(2), and (

b) if the hearing committee does not make a recommendation to the Minister to suspend or cancel one or more certificates of the teacher or teacher leader, the reasons for the hearing committee’s decision must set out why such a recommendation has not been made. Recommendations and decision of hearing committee 225.9992(1) If the hearing committee makes a finding that the teacher or teacher leader who is the subject of the hearing is not professionally incompetent or that the conduct of the teacher or teacher leader does not constitute unprofessional conduct, the hearing committee may recommend to the Minister that the Minister dismiss the complaint.

(2) If the hearing committee makes a finding that the teacher or teacher leader who is the subject of the hearing is professionally incompetent or that the conduct of the teacher or teacher leader constitutes unprofessional conduct, the hearing committee may recommend to the Minister that the Minister

36 Explanatory Notes

37 (

a) issue a letter of reprima nd to the teacher or teacher leader, (

b) suspend one or more certifi cates of the teacher or teacher leader, with or without conditions, (

c) cancel one or more certifi cates of the teacher or teacher leader or cancel a certificate and issue a certificate of a different class, with or without conditions, or (

d) order that the teacher or t eacher leader be ineligible for one or more certificates for a definite or indefinite period, with or without conditions.

(3) Within 45 days after the conclusion of the hearing, the hearing committee shall make a written decision on the hearing that includes (

a) each finding made by the hearing committee, (

b) the reasons for the decision, and (

c) the recommendation of the hearing committee.

(4) The chair of the hearing committee shall forthwith (

a) serve the hearing committ ee’s decision on the teacher or teacher leader, (

b) send to the Commissioner the hearing committee’s decision and the record of the hearing that consists of all evidence before the hearing committee, including all (

i) exhibits, (ii) records and documents, and (iii) testimony given before th e hearing committee, whether recorded in electronic, mechanical or handwritten form, a n d (

c) send to the Registrar and the Minister the hearing committee’s decision, if no appeal is commenced within the period set out in

section 225.9993(2).

37 Explanatory Notes

38 Appeals Appeals 225.9993(1) A finding or recommendation of a hearing committee may be appealed to an appeal committee by (

a) the teacher or teacher lead er who is the subject of the hearing before the hearing committee, or (

b) the Commissioner.

(2) An appeal must be commenced by submitting a written notice of appeal to the chair of the panel within 15 days after the date on which (

a) the hearing committee’s deci sion is served on the teacher or teacher leader, in the case of an appeal by a teacher or teacher leader, or (

b) the Commissioner receive s the hearing committee’s decision, in the case of an appeal by the Commissioner.

(3) A notice of appeal must (

a) describe the finding or r ecommendation being appealed, and (

b) state the reasons for the appeal.

(4) On receiving a notice of appeal, the chair of the panel shall (

a) establish an appeal committee, and (

b) notify the following that the notice of appeal has been received: (

i) the teacher or teacher leader , in the case of an appeal by the Commissioner; (ii) the Commissioner, in the cas e of an appeal by a teacher or teacher leader; (iii) the administrator.

38 Explanatory Notes

39 Notice of appeal hearing 225.9994(1) On the establishment of an appeal committee to hear an appeal, the chair of the appeal committee shall forthwith set the date, time and location of the hearing.

(2) At least 15 days before the date set for the appeal hearing, the chair of the appeal committee shall notify the teacher or teacher leader and the Commissioner of (

a) the date, time and locatio n of the appeal hearing, and (

b) the rights of the teacher o r teacher leader under

section 225.9995(1). Proceedings at appeal hearing 225.9995(1) At the appeal hearing, the teacher or teacher leader and the Commissioner may (

a) appear and be represented by counsel or any other individual, (

b) make written and oral representations, and (

c) at the request of the app eal committee, provide clarification of any matter under consideration by the appeal committee.

(2) An appeal hearing must be open to the public unless, in the opinion of the appeal committee, the interests of any person other than the teacher or teacher leader who is the subject of the appeal hearing may be detrimentally affected if the hearing is not held in private.

(3) The appeal must be founded on the hearing committee’s decision and the record of the proceedings before the hearing committee.

(4) Sections 225.996(3) and (4), 225.997 and 225.998 apply to proceedings before an appeal committee. Decision of appeal committee 225.9996(1) Within 30 days after the conclusion of an appeal hearing, an appeal committee shall do one or more of the following:

39 Explanatory Notes

40 (

a) quash, vary or confirm a finding or recommendation of the hearing committee or substitute a finding or recommendation of its own; (

b) refer the matter back to th e hearing committee for further consideration, if the appeal committee is satisfied that new evidence is available; (

c) direct the chair of the pa nel to establish a new hearing committee under

section 225.9 and refer the matter to the hearing committee for a new hearing under

section 225.996.

(2) The appeal committee shall make a written decision on the appeal that includes the reasons for the decision.

(3) The chair of the appeal committee shall forthwith (

a) serve the appeal committee’ s decision on the teacher or teacher leader, (

b) send to the Commissioner th e appeal committee’s decision and the record of the hearing that consists of all evidence before the appeal committee, including all (

i) exhibits, (ii) records and documents, and (iii) testimony given before th e hearing committee, whether recorded in electronic, mechanical or handwritten form, a n d (

c) send the appeal committee’s decision to the Minister and the Registrar. Minister’s Decision Minister’s decision with respect to committees 225.9997(1) On receiving the decision of a hearing committee under

section 225.9992 or an appeal committee under

section 225.9996, the Minister may examine the record or any part of the record of the proceedings before the hearing committee or appeal committee and hear any recording or examine any electronic,

40 Explanatory Notes

41 mechanical or handwritten record of evidence given before the hearing committee or appeal committee.

(2) On receiving the decision of a hearing committee or appeal committee, the Minister may do one or more of the following, whether or not it is the recommendation of the hearing committee or appeal committee: (

a) dismiss the complaint; (

b) issue a letter of reprima nd to the teacher or teacher leader; (

c) suspend one or more certifi cates of the teacher or teacher leader, with or without conditions; (

d) cancel one or more of the certificates of the teacher or teacher leader or cancel one or more of the certificates of the teacher or teacher leader and issue one or more certificates of a different class, with or without conditions; (

e) order that the teacher or t eacher leader be ineligible for one or more certificates for a definite or indefinite period, with or without conditions.

(3) A decision of the Minister made under subsection (2) must be in writing and include the reasons for the decision.

(4) The Minister shall (

a) serve the Minister’s decisi on on the teacher or teacher leader, and (

b) send the Minister’s decision to (

i) the Commissioner, (ii) the complainant, if any, (iii) the administrator, and (iv) the Registrar.

(5) A decision of the Minister under subsection (2) is final.

(6) The Minister may take whatever action the Minister considers appropriate to

41 Explanatory Notes

42 (

a) implement a decision under this section, and (

b) make public a decisi on under this section. Online Registry Online registry 225.9998(1) In this

section and sections 225.9999 to 225.99992, (a) “certificate” means a teach ing certificate, a leadership certificate or a superintendent leadership certificate issued under this Act or a former Act; (b) “former Act” means (

i) t h e School Act, RSA 2000 cS‑3, or any predecessor of that Act, or (ii) the Department of Education Act, RSA 1980 cD-17, or any predecessor of that Act; (c) “former committee” means (

i) a hearing committee or its equivalent under the Teaching Profession Act, a former Act or the regulations made under this Act, or (ii) an appeal committee or its equivalent under the Teaching Profession Act, a former Act or the regulations made under this Act; (d) “online registry” means a repository of information available to the public on a website maintained by the department administered by the Minister.

(2) The Registrar shall establish and maintain an online registry for the purpose of providing the public with the information required or authorized to be published under this

section and sections 225.9999 and 225.99991.

(3) The online registry must enable any member of the public to access the information referred to in subsection (2) by searching the name of an individual who holds a certificate on or after the coming into force of this

section or who held a certificate at a time referred to in

section 225.9999 or 225.99991.

42 Explanatory Notes

(4) Subject to

section 225.99992, the Minister shall publish or cause to be published in the online registry all of the following information about each individual who holds a certificate on or after the coming into force of this

section or who held a certificate on or after January 1, 1954: (

a) the individual’s current nam e and any previous name of that individual that is known to the Registrar; (

b) each certificate that is he ld by the individual when the information is published in the online registry or that was held by the individual on or after January 1, 1954; (

c) the date that each certifi cate referred to in clause (

b) was issued and the current status of the certificate. Publication in online registry — certificates 225.9999(1) The Minister shall publish or cause to be published in the online registry all of the following information about each individual in respect of whom information is required to be published under

section 225.9998(4): (

a) in the case of a certificat e that is suspended when the information is published in the online registry or that was suspended on or after January 1, 1990, other than where the certificate (

i) is automatically suspended by

section 225.99, or (ii) was automatically suspended by (

A) section 27.2 of the Teaching Profession Act, or (

B) a regulation made under

section 201 or 224 that automatically suspends certificates where an individual is convicted of a prescribed offence that proceeds by indictment, (

I) the date the suspension became effective, (II) if the suspension has ended, the date on which it ended,

43 Explanatory Notes

44 (III) if the suspension is set to end on a future date, the future date on which it is set to end and whether it is subject to being ended earlier, and (IV) whether the length of the suspension is subject to being extended; (

b) in the case of a certificat e that is cancelled when the information is published in the online registry, the date of the cancellation, unless the cancellation occurred before January 1, 1990; (

c) in the case of a certificate that (

i) is cancelled by the Ministe r under

section 225.991(1)(b), or (ii) that was cancelled by the Minister under (

A) section 27.3(1)(

b) of the Teaching Profession Act, or (

B) a regulation made under

section 201 or 224 that authorizes cancellation where an individual is convicted of a prescribed offence that proceeds by indictment, an indication of that fact; (

d) in the case of a certificat e that is suspended or cancelled when the information is published in the online registry or that was suspended on or after January 1, 1990, an indication as to whether the suspension or cancellation was imposed after a hearing relating to alleged professional incompetence or alleged unprofessional conduct, or both, and whether there was a finding of professional incompetence or unprofessional conduct; (

e) subject to

section 225.9999 2, in the case of a certificate that was suspended or cancelled on or after January 1, 1990 after a hearing relating to alleged professional incompetence or alleged unprofessional conduct, or both, an indication as to whether there was a finding of professional incompetence or unprofessional conduct;

44 Explanatory Notes

45 (

f) subject to

section 225.99992, in the case of a certificate that is expired when the information is published in the online registry, any finding of professional incompetence or unprofessional conduct, or both, that was made on or after January 1, 1990 if the certificate was expired when the finding was made; (

g) subject to

section 225.9999 2, in the case of a certificate that is suspended or cancelled on or after January 1, 2023, an indication as to whether the suspension or cancellation resulted from a consent resolution agreement; (

h) subject to

section 225.99992, in the case of (

i) a certificate referred to i n clause (c), the Minister’s decision to cancel the certificate, and (ii) a certificate referred to in clause (

e) or (f), (

A) any decision of, or recommendation made to the Minister by, a hearing committee, appeal committee or former committee after a hearing relating to alleged professional incompetence or alleged unprofessional conduct, and (

B) the Minister’s decision, i f any, to suspend or cancel the certificate.

(2) The Minister may publish or cause to be published in the online registry a

summary of the matters that led to a finding of professional incompetence or unprofessional conduct in the case of a certificate referred to in subsection (1)(c), (e), (

f) or (g). Publication in online registry — professional incompetence and unprofessional conduct 225.99991(1) Subject to subsection (4) and

section 225.99992, the Minister shall publish or cause to be published in the online registry all of the following information about each individual in respect of whom information is required to be published under

section 225.9998(4): (

a) an indication as to whether a finding of professional incompetence or unprofessional conduct has been made in respect of the individual on or after January 1, 2023 by a hearing committee, appeal committee or former committee;

45 Explanatory Notes

46 (

b) the decision and recommendation made by the committee; (

c) the Minister’s decision with respect to the recommendation of the committee. (2 ) Subj ect to subsection (4) and

section 225.99992, the Minister may publish or cause to be published in the online registry a

summary of the matters that led to the finding referred to in subsection (1)(a).

(3) Subj ect to subsection (4) and

section 225.99992, the Minister shall publish or cause to be published in the online registry the fo llowing: (

a) all consent resolution agreements entered into under secti on 22 5.994; (

b) all decisions of a hearing committee, appeal committee or form er committee issued on or after January 1, 2023 where the committee makes a finding of professional incom petence or unprofessional conduct. (4 ) The information required to be published under this

section m ay be published in the online registry only if (

a) with respect to a finding, decision or recommendation of a hearing committee or a former committee referred to in

section 225.9998(1)(c)(i), (

i) the period for filing an appeal of the decision of the heari ng committee or former committee has elapsed and no appeal has been filed, and (ii) the period for making an application for judicial revie w of the Minister’s decision has elapsed, or (

b) with respect to a finding, decision or recommendation of a n appeal committee or former committee referred to in

section 22 5.9998(1)(c)(ii), the period for making an application for judicial re view of the committee’s decision has elapsed. Restrictions on publication in online registry 225.99992(1) The following information published in the online registry must not include personal information about any individual other than the individual whose certificate was suspended or

46 Explanatory Notes

47 cancelled, who was the subject of the finding of professional incompetence or unprofessional conduct or who made an admission of professional incompetence or unprofessional conduct: (

a) a

summary referred to in

section 225.9999(2) or 225.99991(2); (

b) a decision or recommendation referred to in

section 225.9999(h)(

i) or (ii) or 225.99991(1)(

b) or (c); (

c) a consent resolution agr eement referred to in

section 225.99991(3)(a).

(2) Sections 225.9999 and 225.99991 do not apply where publishing the information would be contrary to any other enactment of Alberta or Canada or an order of a court of competent jurisdiction.

(3) The Minister may (

a) decide not to publish information referred to in

section 225.9998(4) if the Minister is satisfied that publishing the information could cause injury or hardship to any individual, or (

b) decide not to publish any information referred to in secti on 225.9999, 225.99991 or 225.99992 if the Minister is satisfied that publishing the information could cause injury or hardship to any individual, other than the individual whose certificate was suspended or cancelled or who was the subject of the finding of unprofessional conduct or professional incompetence. Duty to Report Duty to report to Registrar 225.99993(1) In this section, (a) “administrator” means (

i) in the case of a school op erated by a board, Francophone regional authority or operator of a charter school,

47 Explanatory Notes

48 (

A) the superintendent appointed under this Act for the board, Francophone regional authority or charter school, or (

B) in respect of a matte r that relates to the superintendent, (

I) the chair of the board or Francophone regional authority, or (II) the operator of the charter school, (ii) in the case of an early childhood services program provided by a person other than a board or a private school, (

A) if the person providing the early childhood services program is an individual, that individual, or (

B) if the person providing the early childhood services program is not an individual, the chair of the board of the society under the Societies Act, the non-profit company under

Part 9 of the Companies Act or the non-profit corporation incorporated by or under

an Act of the Legislature that is providing the early childhood services program, o r (iii) in the case of a private school, (

A) if the person responsible for the operation of the private school is an individual, that individual, or (

B) if the person responsible for the operation of the private school is not an individual, the chair of the board of the society under the Societies Act, the non- profit company under

Part 9 of the Companies Act or the non-profit corporation incorporated by or under

an Act of the Legislature that is responsible for the operation of the private school; (b) “employer” means a board, a person responsible for the operation of a private school, the operator of a charter school, a Francophone regional authority or a person other

48 Explanatory Notes

49 than a board or a privat e school providing an early childhood services program.

(2) An administrator shall send a written report to the Registrar if (

a) a teacher or teacher lead er employed by an employer (

i) is placed on non-t eaching duties or non-leadership duties by the employer, (ii) is suspended from employment, (iii) is terminated from employment, (iv) resigns from employment, (

v) retires from employment, or (vi) is subject to other consequences with respect to employment, a n d (

b) the action in clause (

a) results from conduct that brings into question the suitability of the teacher or teacher leader to hold one or more certificates issued under this Act.

(3) Where a report is made under subsection (2) in respect of a teacher or teacher leader, the administrator shall make a complaint under

section 225.91 about the teacher’s or teacher leader’s conduct.

(4) No action lies against any of the following in respect of any report made under subsection (2) in good faith when acting or purporting to act under this Act or the regulations: (

a) an administrator; (

b) a person appointed as an official trustee; (

c) a person who acts on the instruction of, or under the supervision of, a person referred to in clause (

a) or (b).

(5) No action for defamation may be founded on a report made under subsection (2) in good faith.

49 Explanatory Notes

(6) If a complaint under subsection (3) is dismissed or if a decision is made to take no further action with respect to the complaint, the Registrar shall remove the report made under subsection (2) from the teacher’s or teacher leader’s file. Duty to report to police 225.99994(1) A person referred to in subsection (2) who reasonably believes that a teacher or teacher leader has engaged in conduct that involves (

a) physical harm to a student, (

b) sexual abuse or sexual exploitation of a student, or (

c) any other matter that may, i n the opinion of the person, threaten the safety of a student shall report that conduct to a police service.

(2) The following persons are required to report under subsection (1): (

a) the Registrar; (

b) the Commissioner; (

c) a superintendent; (

d) the chair of a board; (

e) in the case of a person oth er than a board or a private school providing an early childhood services program, (

i) if the person providing the early childhood services program is an individual, that individual, or (ii) if the person providing the early childhood services program is not an individual, the chair of the board of the society under the Societies Act, the non-profit company under

Part 9 of the Companies Act or the non- profit corporation incorporated by or under

an Act of the Legislature that is providing the early childhood services program; (

f) in the case of a private school,

50 Explanatory Notes

51 (

i) if the person responsible for the operation of the private school is an individual, that individual, or (ii) if the person responsible for the operation of the privat e school is not an individual, the chair of the board of the society under the Societies Act, the non-profit company under

Part 9 of the Companies Act or the non-profit corporation incorporated by or under

an Act of the Legislature that is responsible for the operation of the private school; (

g) the executive secretary of the The Alberta Teachers’ Association; (

h) the executive director of the College of Alberta School Superintendents.

(3) When a person referred to in subsection (2)(

b) to (

h) makes a report under that subsection, the person shall notify the Registrar of the following: (

a) that a report has been made; (

b) the name of the teacher or te acher leader who is the subject of the report; (

c) the nature of the conduct in respect of which the report w as made.

(4) If a person referred to in subsection (2)(

b) to (

h) asks the Registrar whether a report has been made with respect to the conduct of a teacher or teacher leader, the Registrar may disclose to the person the fact that a report has been made.

(5) A person referred to in subsection (2)(

b) to (

h) is not required to make a report under that subsection with respect to the conduct of a teacher or teacher leader if the Registrar has disclosed in writing to the person under subsection (4) that a report has been made. (6) Subsection (1) applies notwithstanding that the information on which the belief is founded is confidential and its disclosure is prohibited under any other Act.

51 Explanatory Notes

(7) No action lies against a person reporting under this

section unless the reporting is done maliciously or without reasonable grounds for the belief. Regulations 225.99995 The Lieutenant Governor in Council may make regulations (

a) establishing a code of prof essional conduct for teachers and teacher leaders; (

b) respecting the powers o f the chair of the panel; (

c) respecting the powers of th e chairs of hearing committees, complainant appeal committees and appeal committees; (

d) respecting the size and composition of the panel and the appointment of panel members; (

e) respecting the size and co mposition of hearing committees, complainant appeal committees and appeal committees and the appointment of members to those committees; (

f) establishing the number of committee members that constitutes a quorum for hearing committees, complainant appeal committees and appeal committees; (

g) respecting the service of p anel members in more than one capacity; (

h) respecting the form and manner in which complaints are required be made; (

i) respecting the powers of the Registrar with respect to complaints, including the power to provide additional information to the Commissioner respecting complaints; (

j) respecting notices o f complainant appeals; (

k) requiring the payment of fees for submitting notices of complainant appeals and setting the amount of the fee; (

l) prescribing the information that must be contained in notices of complainant appeal hearings;

52 Explanatory Notes

53 (

m) respecting processes and pr ocedures relating to complainant appeal hearings, including the dismissal of complainant appeals and the representation of complainant appeal committees by counsel at complainant appeals; (

n) respecting processes an d procedures relating to investigations; (

o) respecting the Commissioner’s power to suspend investigations; (

p) respecting the powers of investigators, including the powe r to investigate any related matter that arises in the course of an investigation; (

q) prescribing offences under the Criminal Code (Canada) for the purposes of sections 225.97 and 225.98; (

r) respecting processes and pr ocedures relating to mediation processes and dispute resolution processes, including who the parties are and the powers and responsibilities of panel members in conducting such processes; (

s) prescribing penalties fo r the purposes of

section 225.994(1)(d)(iv); (

t) prescribing the information that consent resolution agreements are required to contain; (

u) respecting processes and pr ocedures relating to hearings, including the representation of hearing committees by counsel at hearings; (

v) respecting processes and procedures relating to appeal hearings, including the dismissal of appeals and the representation of appeal committees by counsel at appeal hearings; (

w) respecting costs that may b e awarded in respect of hearings, complainant appeal hearings or appeal hearings; (

x) respecting transcripts of hearings, complainant appeal hearings or appeal hearings, including the costs of transcripts;

53 Explanatory Notes

54 (

y) respecting the service, sending or provision of reports, notices, decisions and other documents under this Division; (

z) defining, for the purposes of this Division, any term used but not defined in this Division; (aa) respecting any other matter that the Lieutenant Governor in Council considers necessary or appropriate to carry out the intent of this Division. Deficiency regulations 225.99996(1) The Lieutenant Governor in Council may make regulations (

a) respecting matters coming under this Act that the Lieutena nt Governor in Council considers (

i) are not provided for or are insufficiently provided for in this Act, or (ii) are necessary or advisable in connection with the implementation of this Act; (

b) remedying any confusion, difficulty or impossibility in applying any provision of this Act.

(2) A regulation made under subsection (1) is repealed 2 years after the regulation comes into force or on the date specified in the regulation, whichever is earlier.

(3) The repeal of a regulation under subsection (2) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation.

(4) A regulation made under subsection (1) that is in force on or after the repeal of this

section remains in force until it is repealed in accordance with subsection (2).

(5) A regulation may not be made under subsection (1) extending the 2-year period set out in subsection (2).

(6) This

section is repealed 2 years after this

section comes into force, but the repeal does not affect anything done, incurred or acquired under the authority of a regulation made under subsection (1) before the repeal of this section.

54 Explanatory Notes

55 Transitional regulations 225.99997(1) The Lieutenant Governor in Council may make regulations (

a) respecting the transition to this Act of any matters relat ing to disciplinary proceedings under the Teaching Profession Act or the regulations made under sections 201 and 224 of this Act; (

b) remedying any confusion, difficulty, inconsistency or impossibility resulting from the transition to this Act from the Teaching Profession Act or the regulations made under sections 201 and 224 of this Act; (

c) respecting the

interpretation of any transitional provisio ns in this Act.

(2) A regulation made under subsection (1) may be made (

a) respecting the powers and duties to be exercised or performed respecting any complaint, investigation, hearing, complainant appeal, appeal or other process or proceeding that (

i) has commenced but not concluded before the coming into force of this Division or any portion of this Division, or (ii) commences on or after the coming into force of this Division or any portion of this Division and that is a consequence of a matter that arose or commenced before the coming into force of this Division or any portion of this Division; (

b) respecting the transitional application of any amendment made to this Act by the Education Statutes (Students First) Amendment Act, 2021, including the

interpretation of any provision amended; (

c) remedying any confusion, difficulty, inconsistency or impossibility resulting from the transition to this Act of anything under this Act as it read before being amended by the Education (Reforming Teacher Profession Discipline) Amendment Act, 2022, including the

interpretation or application of any transitional provision in this Act.

55 Explanatory Notes

(3) A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation.

(4) A regulation made under subsection (1) is repealed 2 years after the regulation comes into force or on the date specified in the regulation, whichever is earlier.

(5) The repeal of a regulation under subsection (4) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation.

(6) A regulation made under subsection (1) that is in force on or after the repeal of this

section remains in force until it is repealed in accordance with subsection (4).

(7) A regulation may not be made under subsection (1) extending the 2-year period set out in subsection (4).

(8) This

section is repealed 2 years after this

section comes into force, but the repeal does not affect anything done, incurred or acquired under the authority of a regulation made under subsection (1) before the repeal of this section. 13 The following is added after the heading preceding

section 226: Judicial review 225.99998(1) An application for judicial review of (

a) a complainant appeal committee’s decision under

section 225.95(6), (

b) the Commissioner’s decision with respect to a mediation process under

section 225.992(7), (

c) the Commissioner’s decisi on with respect to a dispute resolution process under

section 225.993(7), (

d) a hearing committee’ s decision under

section 225.9992(3), or (

e) an appeal committee’ s decision under

section 225.9996(1)

56 Explanatory Notes 13 Judicial review.

57 must be commenced within 15 days after the day the decision is made.

(2) An application for judicial review of the Minister’s decision under

section 225.991(1), 225.994(3) or 225.9997(2) must be commenced within 60 days after the day the decision is made.

(3) An application for judicial review of (

a) a decision made under a regulation under

section 201 or 224 to issue, refuse to issue, suspend or cancel a certificate of qualification as a teacher, a leadership certificate or a superintendent leadership certificate, or (

b) an order of the Minister made under a regulation under

section 201 or 224 that an individual be ineligible for one or more certificates must be commenced within 60 days from the day the decision or order is made.

(4) On an application for judicial review under this section, the standard of review is reasonableness. 14

Section 252 is repealed and the following is substituted: Protection from liability for others 252(1) No action lies against the following persons for anything done by that person in good faith and in purporting to act under this Act or the regulations: (

a) a member of a Complex Education Needs Tribunal; (

b) a person who conducts a review under

section 44 on behalf of the Minister; (

c) a member of the Attendance Board; (

d) a member of the Board of Reference; (

e) a person appointed as an official trustee; (

f) the Commissioner;

57 Explanatory Notes 14

Section 252 presently reads: 252(1) No action lies against a member of the Attendance Board, a member of the Board of Reference, a member of a Complex Education Needs Tribunal, a person appointed as an official trustee or a person who conducts a review under

section 44 on behalf of the Minister for anything done by that person in good faith and in purporting to act under this Act or the regulations.

(2) No action for defamation may be founded on a communication if the communication is published to or by an attendance officer, the Attendance Board, the Board of Reference, a member of a Complex Education Needs Tribunal, a person appointed as an official trustee or a person who conducts a review under

section 44 on behalf of the Minister in good faith in the course of any proceedings under this Act.

58 (

g) the Registrar; (

h) a member of a panel or committee established under

Part 7; (

i) a person conducting an investigation under

Part 7; (

j) any person acting under the instruction of a person referred to in clauses (

f) to (i).

(2) No action for defamation shall be founded on a communication if the communication is published to or by any of the following persons or bodies in good faith in the course of any proceedings under this Act: (

a) a member of a Complex Education Needs Tribunal; (

b) a person who conducts a review under

section 44 on behalf of the Minister; (

c) an attendance officer; (

d) the Attendance Board; (

e) the Board of Reference; (

f) a person appointed as an official trustee; (

g) the Commissioner; (

h) the Registrar; (

i) a panel or committee es tablished under

Part 7; (

j) a member of a panel or committee established under

Part 7; (

k) a person conducting an investigation under

Part 7; (

l) any person or body acting under the instruction of a person or body referred to in clauses (

g) to (k).

58 Explanatory Notes

59 Amends SA 2021 cC-18.8 15(1) The College of Alberta School Superintendents Act is amended by this section.

(2) Section 1(1)(a), (c), (g), (h), (i), (l), (m), (n), (u), (w), (aa) and (cc) and (2) are repealed.

59 Explanatory Notes 15(1) Amends

chapter C-18.8 of the Statutes of Alberta, 2021.

(2) Section 1(1) presently reads in part: 1(1) In this Act, (a) “administrator” means (

i) in respect of a matter relating to a superintendent, (

A) the chair of the school board or Francophone regional authority, as the case may be, if the superintendent is employed by a school board or Francophone regional authority, or (

B) the operator of a charter school, if the superintendent is employed by the operator of a charter school, and (ii) in respect of a matter relating to a regulated member, other than a superintendent, employed by a school board, Francophone regional authority or operator of a charter school, the superintendent appointed under the Education Act for the school board, Francophone regional authority or operator of the charter school, as the case may be; (c) “certificate” means a cert ificate as defined in the Certification of Teachers and Teacher Leaders Regulation (AR 84/2019); (g) “complainant review co mmittee” means a complainant review committee established under

section 27(2); (h) “complaint” means (

i) a complaint made under

section 34(1), (ii) a notice of termination that the executive director treats as a complaint under

section 35(2), or (iii) a matter that, under

section 39(3), constitutes a complaint; (i) “conduct” includes

an act or omission;

(3) Sections 5(b)(iii) and (iv) and 12 are repealed.

60 Explanatory Notes (l) “hearing committee” means a hearing committee established under

section 26; (m) “hearing review committee” means a hearing review committee established under

section 28(2); (n) “investigator” means a person appointed to conduct an investigation under this Act; (u) “Registrar” means the Registrar as defined in the Certification of Teachers and Teacher Leaders Regulation (AR 84/2019); (w) “resolution process” means a resolution process conducted under

section 41; (aa) “superintendent leade rship certificate” means a superintendent leadership certificate as defined in the Certification of Teachers and Teacher Leaders Regulation (AR 84/2019); (cc) “teacher” means a teacher as defined in the Certification of Teachers and Teacher Leaders Regulation (AR 84/2019);

(2) This Act applies notwithstanding that a regulated or non-regulated member no longer holds a certificate.

(3) Sections 5(b)(iii) and (iv) and 12 presently read: 5 The objects of the College are (

b) to improve the teaching profession and leadership of the education system by (iii) assessing and disciplining regulated members with respect to being unskilled or incompetent in carrying out leadership duties, and (iv) assessing and disciplining re gulated members with respect to unprofessional conduct, 12 The board of directors may delegate any of its powers or duties under

Part 2 to the officer or officers designated for that purpose in the bylaws.

61 (4)

Section 17(3) is repealed and the following is substituted:

(3) The Registrar appointed under the Education Act shall notify the executive director if (

a) the teaching certificate , leadership certificate or superintendent leadership certificate of an individual employed in a position referred to in subsection (1)(

a) is cancelled or suspended under Division 3.1 of

Part 7 of the Education Act, or (

b) the teaching certificate or leadership certificate of an individual employed in a position referred to in subsection (1)(

b) or (

c) is cancelled or suspended under Division 3.1 of

Part 7 of the Education Act.

(4) An individual employed in a position referred to in subsection (1)(

a) ceases to be a regulated member if the teaching certificate, leadership certificate or superintendent leadership certificate of the individual is cancelled or suspended under Division 3.1 of

Part 7 of the Education Act.

(5) An individual employed in a position referred to in subsection (1)(

b) or (

c) ceases to be a regulated member if the teaching certificate or leadership certificate of the individual is cancelled or suspended under Division 3.1 of

Part 7 of the Education Act.

(6) The College shall notify the school board, Francophone regional authority or operator of a charter school that employs an individual referred to in subsection (4) or (5) that the individual has ceased to be a regulated member.

(5) The following is added after

section 17: Notice to employer 17.1 When a regulated member’s membership in the College is suspended or cancelled, the executive director shall forthwith notify the regulated member’s employer and the Registrar under the Education Act of the suspension or cancellation.

(6) Part 2 is repealed.

61 Explanatory Notes (4)

Section 17(3) presently reads:

(3) An individual employed in a position referred to in subsection (1) ceases to be a regulated member if the individual’s membership is cancelled or suspended as a result of a proceeding under

Part 2 or under bylaws made under

section 77(1)(

s) or temporarily suspended under

section 66, and the College shall notify the school board, Francophone regional authority or operator of a charter school that employs the individual that the individual has ceased to be a regulated member.

(5) Notice to employer.

(6) Part 2 presently reads:

62 Explanatory Notes

Part 2 Professional Conduct and Competence 21 In this Part, (a) “indictable offence” means an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or the Youth Criminal Justice Act (Canada) that is prosecuted by indictment; (b) “professional conduct requir ements” means the professional conduct requirements established by the Minister under

section 22; (c) “unprofessional conduct” means conduct described in

section 23. 22 The Minister may establish professional conduct requirements for regulated members. 23 Conduct (

a) that is detrimental to the be st interests of students, the public, teachers, teacher leaders or the teaching profession, (

b) that does not meet the prof essional conduct requirements, or (

c) that is the basis for a c onviction for an indictable offence constitutes unprofessional conduct. 24(1) Failure to meet the requirements of the Leadership Quality Standard constitutes being unskilled or incompetent in carrying out the leadership duties related to a leadership certificate.

(2) Failure to meet the requirements of the Superintendent Leadership Quality Standard constitutes being unskilled or incompetent in carrying out the leadership duties related to a superintendent leadership certificate. 25(1) The practice review general panel is established.

(2) The board of directors shall (

a) appoint the non-public panel members in accordance with subsection (3), and

63 Explanatory Notes (

b) designate the chair and one or more vice-chairs from among the panel members.

(3) The practice review general panel (

a) must consist of at least 15 panel members, (

b) must have a majority of panel members who are teacher leaders with regulated or non-regulated membership, (

c) must include at least 3 public panel members appointed by the Minister who do not hold and have not held a teaching certificate, leadership certificate or superintendent leadership certificate, and (

d) may include one or more panel members who are teachers or teacher leaders to whom the Teaching Profession Act and the Practice Review of Teachers and Teacher Leaders Regulation (AR 92/2019) apply. 26 On receiving a direction from the executive director, complainant review committee or hearing review committee under

section 39(1)(

c) or (2), 40(9)(d), 42(1)(

c) or 58(1)(c), the chair of the practice review general panel shall (

a) establish a hearing committ ee to hear the complaint or matter, (

b) appoint the members of th e hearing committee from among the members of the practice review general panel in accordance with

section 29, and (

c) designate a member of the he aring committee as the chair. 27(1) On receiving a request for review made under

section 40(1), the chair of the practice review general panel shall determine whether the request for review was delivered in the time provided for by

section 40(2)(

b) and, if not, may dismiss the request for review.

(2) If the chair of the practice review general panel does not dismiss a request for review under subsection (1), the chair shall (

a) establish a complainant review committee to hear the review,

64 Explanatory Notes (

b) appoint the members of the complainant review committee from among the members of the practice review general panel in accordance with

section 29, and (

c) designate a member of the complainant review committee as the chair. 28(1) On receiving a request for review made under

section 55(1), the chair of the practice review general panel shall determine whether the request for review was delivered in the time provided for by

section 55(2) and, if not, may dismiss the request for review.

(2) If the chair of the practice review general panel does not dismiss a request for review under subsection (1), the chair shall (

a) establish a hearing review committee to hear the review, (

b) appoint the members of the hearing review committee from among the members of the practice review general panel in accordance with

section 29, and (

c) designate a member of the he aring review committee as the chair. 29 A hearing committee, complainant review committee and hearing review committee (

a) must consist of at least 3 committee members, (

b) must have a majority of committee members who are teacher leaders with regulated or non-regulated membership, (

c) must include at least one public committee member who does not hold and has not held a teaching certificate, leadership certificate or superintendent leadership certificate, and (

d) may include one or more committee members who are teachers or teacher leaders to whom the Teaching Profession Act and the Practice Review of Teachers and Teacher Leaders Regulation (AR 92/2019) apply. 30 The chair of a hearing committee, complainant review committee or hearing review committee may (

a) deal with any preliminary or procedural matters incidental to a hearing or review, as the case may be,

65 Explanatory Notes (

b) arrange for matters to be set down before the committee, (

c) adjourn matters before the committee, and (

d) perform the administrative f unctions necessary to enable the committee to carry out its duties. 31(1) A public member of the practice review general panel continues to hold office after the expiry of the public member’s term of office until the public member is reappointed or the public member’s successor is appointed.

(2) The Minister may, after consulting with the board of directors, revoke the appointment of a public member of the practice review general panel.

(3) The Minister may make orders respecting the payment to a public member of the practice review general panel who is appointed to a hearing committee, complainant review committee or hearing review committee of (

a) travelling and living expen ses incurred by that public member for the public member’s attendance at any meeting of the committee while away from the public member’s usual place of residence, and (

b) fees.

(4) The powers, duties and operation of a hearing committee, complainant review committee or hearing review committee are not affected by (

a) the fact that no member of the public is appointed as a committee member, (

b) the revocation of the appointment of a public committee member, or (

c) the resignation from the committee of a public committee member.

(5) Subject to the bylaws prescribing a quorum, the failure of a public member appointed to a hearing committee, complainant review committee or hearing review committee to attend a meeting of the committee does not affect or restrict the committee in exercising any power or performing any duties under this Act or the bylaws at that meeting.

66 Explanatory Notes 32(1) The chair of the practice review general panel may serve in only one of the following capacities with respect to a complaint or matter if the functions of the chair with respect to the complaint or matter are exercised by a vice-chair of the practice review general panel: (

a) conducting a resolution process; (

b) providing assistance under

section 41(2) to a person appointed to conduct a resolution process; (

c) serving as a member of a hearing committee, complainant review committee or hearing review committee.

(2) A member of the practice review general panel may serve in only one of the following capacities with respect to a complaint or matter relating to a regulated member: (

a) conducting a resolution process; (

b) providing assistance under

section 41(2) to an individual appointed to conduct a resolution process; (

c) serving as a member of a hearing committee; (

d) serving as a member of a complainant review committee; (

e) serving as a member of a hearing review committee. 33 A member of the practice review general panel who is appointed to a hearing committee, complainant review committee or hearing review committee, and whose term of office expires before the committee concludes the hearing or review of a matter, as the case may be, shall continue to act as a member of the committee until that matter is concluded, notwithstanding that in the meantime another person has been appointed to fill that member’s position on the committee. 34(1) Any individual may make a complaint in writing to the executive director (

a) that a regulated member is unskilled or incompetent in carrying out leadership duties related to a leadership certificate or superintendent leadership certificate, or (

b) respecting the alleged unprof essional conduct of a regulated member.

67 Explanatory Notes

(2) An administrator who has reason to believe that a regulated member has been or may have been convicted of an indictable offence shall (

a) make a complaint to the executive director relating to that belief, and (

b) advise the Regist rar of that belief.

(3) Subject to subsection (4), a complaint under subsection (1)(

a) must be made no later than 2 years after the date on which the last incident of lack of skill or incompetence forming the basis of the complaint occurred.

(4) If, after a person’s membership in the College lapses or has been suspended or cancelled, (

a) a complaint under subsection (1)(

a) is made about the former regulated member and (

i) the complaint relates to the former regulated member’s skill or competence before the lapse, suspension or cancellation, and (ii) the complaint is made no later than 2 years after the date of the lapse, suspension or cancellation, or (

b) a complaint under subsection (1)(

b) is made about the former regulated member and (

i) the complaint relates to conduct occurring before the lapse, suspension or cancellation, and (ii) the complaint is made no later than 5 years after the date of the lapse, suspension or cancellation, the complaint may be dealt with under this Act as if the lapse, suspension or cancellation had not occurred.

(5) If a complaint is made relating to (

a) a regulated member who was subject to the Teaching Profession Act at the time the behaviour forming the basis of the complaint occurred, the executive director shall refer the complaint to the executive secretary of The Alberta Teachers’

68 Explanatory Notes Association to be dealt with in accordance with the Teaching Profession Act, (

b) a regulated member who was subject to the Practice Review of Teachers and Teacher Leaders Regulation (AR 92/2019) at the time the behaviour forming the basis of the complaint occurred, the executive director shall refer the complaint to the Registrar to be dealt with in accordance with the Practice Review of Teachers and Teacher Leaders Regulation (AR 92/2019), (

c) a teacher or teacher leader who is currently subject to the Teaching Profession Act and who was subject to the Teaching Profession Act at the time the behaviour forming the basis of the complaint occurred, the executive director shall refer the complaint to the executive secretary of The Alberta Teachers’ Association to be dealt with in accordance with the Teaching Profession Act, or (

d) a teacher or teacher leader who is currently subject to the Practice Review of Teachers and Teacher Leaders Regulation (AR 92/2019) and who was subject to that regulation at the time the behaviour forming the basis of the complaint occurred, the executive director shall refer the complaint to the Registrar to be dealt with in accordance with the Practice Review of Teachers and Teacher Leaders Regulation (AR 92/2019). 35(1) If the employer of a regulated member terminates the contract of employment of the regulated member on the grounds referred to in

section 34(1)(

a) or (b), the employer shall send a copy of the notice of termination and the grounds for termination to the executive director.

(2) The executive director may treat a notice of termination received under subsection (1) as a complaint but the employer is not considered to be a complainant for the purposes of this Act. 36(1) The executive director shall (

a) within 14 days after receiving a complaint, notify the Registrar in writing of the nature of the complaint, and (

b) within 30 days after receiving a complaint,

69 Explanatory Notes (

i) serve on the regulated member who is the subject of the complaint a notice setting out the nature of the complaint, (ii) notify the administrator in writing of the nature of the complaint, and (iii) make any preliminary inqu iries relating to the complaint that the executive director considers appropriate.

(2) Subject to subsection (3), within 30 days after making any preliminary inquiries under subsection (1)(b)(iii), the executive director shall, (

a) if the executive director is of the opinion that the complaint is frivolous, vexatious or without merit, decide not to take any further action with respect to a complaint, (

b) in the case of a complaint that a member is unskilled or incompetent in carrying out leadership duties related to a leadership certificate or superintendent leadership certificate, direct that the complainant address the complaint with the regulated member or administrator, (

c) in the case of a complaint respecting the alleged unprofessional conduct of a regulated member where the executive director determines that the complaint does not warrant an investigation, (

i) direct the chair of the pr actice review general panel to appoint a member of the practice review general panel to conduct a resolution process with respect to the complaint, and (ii) refer the complaint to the member appointed under subclause (i), or (

d) appoint an investigator and refer the complaint to the investigator.

(3) If the executive director decides to appoint an investigator with respect to a complaint referred to in

section 34(1)(

a) and the executive director is aware that the regulated member’s employer is investigating the matter that forms the basis of the complaint, the executive director shall appoint an investigator within 30 days after being advised that the employer’s investigation has been concluded.

70 Explanatory Notes

(4) The executive director may suspend an investigation at any time if, in the executive director’s opinion, the investigation should be suspended pending the completion of another proceeding relating to the complaint.

(5) After making a decision under subsection (2), the executive director shall serve on the regulated member and the complainant, if any, a notice setting out (

a) the decision of the execut ive director under this section, (

b) the reasons for the decision, and (

c) the complainant’s right to a review of the decision under

section 40 if the executive director’s decision is that no further action be taken.

(6) The executive director shall send the notice (

a) to the administrator, and (

b) to the Registrar, if the executive director makes a decision under subsection (2)(a). 37(1) Subject to subsection (6), the executive director may, in the absence of a complaint, make any preliminary inquiries that the executive director considers appropriate and appoint an investigator and refer to the investigator any matter relating to (

a) a regulated member being unskilled or incompetent in carrying out leadership duties related to a leadership certificate or superintendent leadership certificate, or (

b) the alleged unprofessional conduct of a regulated member.

(2) If the executive director decides to appoint an investigator with respect to a matter referred to in subsection (1)(

a) and the executive director is aware that the regulated member’s employer is investigating the matter, the executive director shall not appoint an investigator until after being advised that the employer’s investigation has been concluded.

(3) The executive director may suspend an investigation at any time if, in the executive director’s opinion, the investigation should be suspended pending the completion of another proceeding relating to the matter being investigated.

71 Explanatory Notes

(4) If the executive director appoints an investigator under subsection (1), the executive director shall (

a) serve on the regulated member a notice setting out the nature of the matter being investigated, and (

b) notify the administrator and Re gistrar in writing of the nature of the matter being investigated.

(5) When the executive director takes an action under subsection (1), the executive director is not considered to be a complainant for the purposes of this Act.

(6) Subject to subsection (7), the exe cutive director shall not take an action under subsection (1) (

a) with respect to a matter referred to in subsection (1)(a), more than 2 years after the date of the last incident of lack of skill or incompetence to which the matter relates occurred, and (

b) with respect to a matter referred to in subsection (1)(b), more than 5 years after the date on which the conduct to which the matter relates occurred.

(7) If, after a person’s membership in the College lapses or has been suspended or cancelled, (

a) the executive director takes an action under subsection (1) with respect to a matter referred to in subsection (1)(

a) with respect to the former regulated member and (

i) the matter relates to the former regulated member’s skill or competence before the lapse, suspension or cancellation, and (ii) the action is taken no later than 2 years after the date of the lapse, suspension or cancellation, or (

b) the executive director takes an action under subsection (1) with respect to a matter referred to in subsection (1)(

b) with respect to the former regulated member and (

i) the matter relates to conduct occurring before the lapse, suspension or cancellation, and

72 Explanatory Notes (ii) the action is taken no later than 5 years after the date of the lapse, suspension or cancellation, the complaint may be dealt with under this Act as if the lapse, suspension or cancellation had not occurred. 38(1) Within 30 days after a complaint or matter has been referred by the executive director to an investigator, the investigator shall commence an investigation of the complaint or matter.

(2) The investigator may (

a) request that any individual, including the regulated member who is the subject of the investigation, the employer or former employer of the regulated member who is the subject of the investigation and any employee of the employer or former employer, answer any questions and produce to the investigator any records or documents relevant to the investigation, and (b)

Document details

Collection	Alberta — Bills
Citation	L30 S3 11970
Type	bill
Volume / chapter	L30 S3 11970
Language	en
Format	json
Source	PROVINCIAL
Identifier	21079618e00fa8f02380957ad8b85f697eae226a

Source file is stored in the law ingest library (json).