Transitional Regulation (Alta. Reg. 125/2022)

Alta. Reg. 125/2022

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Extract Alberta Regulation 125/2022 Filed on June 15, 2022, in force January 1, 2023 EDUCATION ACT EDUCATION ACT TRANSITIONAL REGULATION

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this document are reminded that it has no legislative sanction. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(no amdt) ALBERTA REGULATION 125/2022 Education Act EDUCATION ACT TRANSITIONAL REGULATION Table of Contents

Part 1 Teaching Profession Act Transitional Provisions 1

Definitions 2 Powers, duties, privileges and functions 3 Transitional — complaints 4 Transitional — investigations 5 Transitional — actions after considering investigator’s report 6 Transitional — where report confirms conviction for prescribed offence 7 Transitional — referral to mediator or dispute resolution process 8 Transitional — complainant appeals 9 Transitional — hearings 10 Transitional — appeals 11 Transitional — recommendation to Minister 12 Transitional — provision of information and documents 13 Transitional — transfer of documents, records, materials and information

Part 2 Practice Review of Teachers and Teacher Leaders Regulation Transitional Provisions 14

Definitions 15 Powers, duties, privileges and functions 16 Transitional — complaints 17 Transitional — investigations 18 Transitional — actions after cons idering investigator’s report 19 Transitional — where report confirms conviction for prescribed offence 20 Transitional — referral to resolution process 21 Transitional — complainant appeals 22 Transitional — hearings

Section 1 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 2 23 Transitional — appeals 24 Transitional — recommendation to Minister 25 Transitional — provision of information and documents 26 Transitional — transfer of documents, records, materials and information

Part 3 Coming into Force 27 Coming into force

Part 1 Teaching Profession Act Transitional Provisions

Definitions 1 In this Part, (a) “association” means The Al berta Teachers’ Association; (b) “disciplinary bylaw provisions” means the provisions of the former bylaws that provide for the matters referred to in

section 8(1)(

g) or (g.1) of the former Teaching Profession Act; (c) “disciplinary provisions” m eans sections 16 to 60 of the former Teaching Profession Act; (d) “executive council” mean s the Provincial Executive Council of the association; (e) “former bylaws” means the bylaws passed under

section 8 of the former Teaching Profession Act as they read immediately before the coming into force of this Part; (f) “former Teaching Profession Act” means the Teaching Profession Act as it read immediately before the coming into force of this Part. Powers, duties, privileges and functions 2(1) For the purposes of sections 3(2)(

b) and (3)(b), 4(10), 5, 6, 7(4) and (5), 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the executive secretary under the former Teaching Profession Act are vested in and may be carried out by the Commissioner, and any reference to the executive secretary in the former Teaching Profession Act is deemed to be a reference to the Commissioner.

Section 2 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 3

(2) For the purposes of sections 9(1) and 10(1), the powers, duties, privileges and functions (

a) of the executive co uncil under the former Teaching Profession Act are vested in and may be carried out by the Commissioner, and any reference to the executive council in the former Teaching Profession Act is deemed to be a reference to the Commissioner, and (

b) of the associa tion under the former Teaching Profession Act are vested in and may be carried out by the Commissioner, and any reference to the association in the former Teaching Profession Act is deemed to be a reference to the Commissioner.

(3) For the purposes of sections 3(2)(

b) and (3)(b), 4(8) and 6, the powers, duties, privileges and functions of an investigator under the former Teaching Profession Act are vested in and may be carried out by an investigator under the Education Act, and any reference to an investigator in the former Teaching Profession Act is deemed to be a reference to an investigator under the Education Act.

(4) For the purposes of

section 7(4), the powers, duties, privileges and functions of a mediator or other person conducting a dispute resolution process under the former Teaching Profession Act and the former bylaws are vested in and may be carried out by a member of the professional conduct and competency general panel under the Education Act, and any reference to a mediator or other person conducting a dispute resolution process in the former Teaching Profession Act or the former bylaws is deemed to be a reference to a member of the professional conduct and competency general panel under the Education Act.

(5) For the purposes of sections 3(2)(

b) and (3)(b), 4(10), 5, 6, 7(5), 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the chair or members of the professional conduct and practice review general panel under the former Teaching Profession Act may be exercised and performed by the chair or members, respectively, of the professional conduct and competency general panel under the Education Act, and any reference to the chair or members of the professional conduct and practice review general panel in the former Teaching Profession Act is deemed to be a reference to the chair or members, respectively, of the professional conduct and competency general panel under the Education Act.

(6) For the purposes of sections 3(2)(

b) and (3)(b), 4(10), 5, 6, 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the chair or members of a complainant appeal committee under the former Teaching Profession Act are vested in and may be carried out by the chair or members,

Section 3 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 4 respectively, of a complainant appeal committee under the Education Act, and any reference to the chair or members of a complainant appeal committee in the former Teaching Profession Act is deemed to be a reference to the chair or members, respectively, of a complainant appeal committee under the Education Act.

(7) For the purposes of sections 3(2)(

b) and (3)(b), 4(10), 5, 6, 7(5), 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the chair or members of a hearing committee under the former Teaching Profession Act are vested in and may be carried out by the chair or members, respectively, of a hearing committee under the Education Act, and any reference to the chair or members of a hearing committee in the former Teaching Profession Act is deemed to be a reference to the chair or members, respectively, of a hearing committee under the Education Act.

(8) For the purposes of sections 3(2)(

b) and (3)(b), 4(10), 5, 6, 7(5), 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the chair or members of an appeal committee under the former Teaching Profession Act are vested in and may be carried out by the chair or members, respectively, of an appeal committee under the Education Act, and any reference to the chair or members of an appeal committee in the former Teaching Profession Act is deemed to be a reference to the chair or members, respectively, of an appeal committee under the Education Act. Transitional — complaints 3(1) A complaint made under the Education Act on or after the day this

Part comes into force that relates to alleged professional incompetence or alleged unprofessional conduct occurring all or partly before the coming into force of this Part must be dealt with under the Education Act.

(2) Where a complaint made under

section 24 of the former Teaching Profession Act has not been concluded before the coming into force of this Part, (

a) if the executive secr etary under the former Teaching Profession Act has not made a decision under

section 24(3.2) of that Act in respect of the complaint before the coming into force of this Part, the executive secretary shall forthwith refer the complaint to the Registrar to be dealt with under the Education Act, and (

b) if the executive secretar y has made a decision under

section 24(3.2) of the former Teaching Profession Act in respect of the complaint before the coming into force of

Section 4 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 5 this Part, the complaint and any matters arising from the complaint, including investigations, hearings and appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed.

(3) Where the executive secretary under the former Teaching Profession Act has commenced preliminary inquiries under

section 25(1) of that Act, (

a) if the executive secretar y has not made a decision under

section 25(1) of the former Teaching Profession Act to refer the matter to an investigator before the coming into force of this Part, the executive secretary shall forthwith refer the matter to the Registrar to be dealt with under the Education Act, and (

b) if the executive secretar y has referred the matter to an investigator under

section 25(1) of the former Teaching Profession Act before the coming into force of this Part, the matter and any matters arising from the matter, including investigations, hearings and appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — investigations 4(1) Where an investigation commenced under

section 26 of the former Teaching Profession Act has not concluded before the coming into force of this Part, the investigation must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed.

(2) For the purposes of subsection (1), an investigator has the powers of an investigator under the former Teaching Profession Act.

(3) An investigator referred to in subsection (2) shall provide to the Commissioner, on or before June 30, 2023, (

a) a report under

section 26(7) of the former Teaching Profession Act, and (

b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister.

(4) If the investigator fails to conclude the investigation and provide to the Commissioner a report under subsection (3)(

a) on or before June 30, 2023, the investigator shall forthwith provide to the Commissioner

Section 4 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 6 (

a) an interim report with resp ect to the investigation, and (

b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister.

(5) On receiving an interim report under subsection (4), the Commissioner may, if the Commissioner considers it reasonable to do so, extend the deadline by which the investigation must be concluded.

(6) Where the Commissioner extends the deadline for concluding an investigation under subsection (5), the investigator shall provide to the Commissioner, on or before the deadline, (

a) the report referred to in subsection (3)(a), and (

b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister.

(7) If the investigator fails to conclude the investigation and provide to the Commissioner the report referred to in subsection (3)(

a) on or before the deadline extended under subsection (5), the investigator shall forthwith provide to the Commissioner (

a) an additional interim report with respect to the investigation, and (

b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister.

(8) Where the Commissioner refuses to extend a deadline under subsection (5) or on receiving an additional interim report under subsection (7)(a), the Commissioner shall appoint an investigator under

section 225.96 of the Education Act to continue the investigation under the former Teaching Profession Act as if the disciplinary provisions had not been repealed.

(9) The investigator referred to in subsection (8) shall (

a) consider any interim report s and all documents, reports and materials relating to the investigation, and (

b) provide to the Commissioner (

i) the report referred to in subsection (3)(a), and (ii) all documents, reports and materials relating to the investigation, including any new or updated documents, reports and materials.

(10) Any matters arising from an investigation under this section, including hearings and appeals, must be concluded in accordance

Section 5 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 7 with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — actions after considering investigator’s report 5(1) Where the executive secretary has received a report under

section 26(7) of the former Teaching Profession Act in respect of the investigation of a matter but has not made a decision under

section 27(2) of that Act before the coming into force of this Part, (

a) the executive secretary sh all forthwith provide to the Commissioner the report and all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister, and (

b) the Commissioner shall make a decision under

section 27(2) of the former Teaching Profession Act in respect of the matter as if that

section had not been repealed.

(2) Where the Commissioner receives a report under

section 4(3)(

a) or (9)(b)(i), the Commissioner shall make a decision under

section 27(2) of the former Teaching Profession Act in respect of the matter as if that

section had not been repealed.

(3) Any matters, including hearings or appeals, arising from a matter in respect of which the Commissioner makes a decision under subsection (1) or (2) must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — where report confirms conviction for prescribed offence 6(1) Where an investigator’s report in respect of a matter confirms that an investigated person has been convicted of a prescribed offence that proceeded by indictment but the executive secretary has not made a recommendation under

section 27.1(1)(

b) of the former Teaching Profession Act before the coming into force of this Part, (

a) the executive secretary sh all provide to the Commissioner the investigator’s report and all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister, and (

b) the Commissioner shall make a recommendation under

section 27.1(1)(

b) of the former Teaching Profession Act in respect of the matter as if that

section had not been repealed.

Section 7 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 8

(2) Where the executive secretary has provided the Minister with the executive secretary’s recommendation under

section 27.1(1)(

b) of the former Teaching Profession Act but the Minister has not made a decision under

section 27.3(1) of that Act before the coming into force of this Part, the Minister shall make a decision in respect of the recommendation under

section 27.3(1) of that Act as if the disciplinary provisions had not been repealed.

(3) Any matters, including hearings or appeals, arising from a matter referred to in subsection (1)(

b) must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — referral to mediator or dispute resolution process 7(1) Where a mediation or other dispute resolution process commenced under the former Teaching Profession Act or former bylaws has not concluded before the coming into force of this Part, the mediation or dispute resolution process must be concluded in accordance with the former Teaching Profession Act or former bylaws, as applicable, as if the disciplinary provisions or the disciplinary bylaw provisions had not been repealed.

(2) On the conclusion of a mediation or dispute resolution process referred to in subsection (1), the executive secretary shall forthwith provide to the Commissioner any report prepared under the former bylaws in respect of the outcome of the mediation or dispute resolution process, in the manner prescribed by the Minister.

(3) For the purposes of subsection (1), (

a) the executive secretary, a member of the executive council and a member of the association have the powers of the executive secretary, a member of the executive council and a member of the association under the former Teaching Profession Act or former bylaws, as applicable, and (

b) the mediator or individual conducting the dispute resolution process has the powers of a mediator or individual conducting a dispute resolution process under the former Teaching Profession Act or former bylaws, as applicable.

(4) Where the executive secretary has referred a matter to a mediator or to another dispute resolution process under

section 27(2)(

a) of the former Teaching Profession Act or under the former bylaws but the mediator or individual conducting the dispute resolution process has not been appointed before the coming into force of this Part, the mediation or dispute resolution must be

Section 8 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 9 concluded under the former Teaching Profession Act or the former bylaws as if the disciplinary provisions or disciplinary bylaw provisions had not been repealed.

(5) Any matters, including hearings or appeals, arising from a matter referred to in subsection (1) or (4) must be concluded in accordance with the former Teaching Profession Act or former bylaws as if the disciplinary provisions had not been repealed. Transitional — complainant appeals 8(1) Where the chair of the professional conduct and practice review general panel has received a request for complainant appeal, has not dismissed the request for complainant appeal under

section 29(3) of the former Teaching Profession Act and has not established a complainant appeal committee before the coming into force of this Part, the complainant appeal must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed.

(2) Notwithstanding

section 2(1), the executive secretary under the former Teaching Profession Act (

a) shall make representations to the complainant appeal committee with respect to the executive secretary’s decision not to take any further action under

section 24(3.2)(

a) of the former Teaching Profession Act or a direction of the executive secretary under

section 27(2)(

c) of that Act, and (

b) may be represented before the complainant appeal committee by counsel or any other individual in making the representations referred to in clause (a).

(3) Where a complainant appeal committee has been established under the former Teaching Profession Act but the complainant appeal has not concluded before the coming into force of this Part, the complainant appeal must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed.

(4) For the purposes of subsection (3), (

a) the executive secretary ha s the powers of the executive secretary under the former Teaching Profession Act, and (

b) the complainant appeal committee and its members have the powers of a complainant appeal committee and its members, as applicable, under the former Teaching Profession Act.

Section 9 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 10

(5) Any matters arising from a complainant appeal referred to in subsection (1) or (3), including investigations, hearings or appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — hearings 9(1) Where the chair of the professional conduct and practice review general panel has been directed to establish a hearing committee under

section 18(2) of the former Teaching Profession Act or the former bylaws or where a matter has been referred to a hearing committee under

section 27(3) of the former Teaching Profession Act or under the former bylaws, but the hearing committee has not been established before the coming into force of this Part, the hearing must be concluded in accordance with the former Teaching Profession Act or the former bylaws, as applicable, as if the disciplinary provisions or the disciplinary bylaw provisions had not been repealed.

(2) Notwithstanding

section 2(6), where a hearing committee is established in accordance with subsection (1), (

a) where the executive secretar y refers a matter or directs the chair of the professional conduct and practice review general panel to refer a matter to a hearing committee, (

i) the executive secretary shall make representations to the hearing committee with respect to the executive secretary’s decision to refer or direct the chair to refer the matter to the hearing committee, and (ii) the executive secretary ma y be represented before the hearing committee by counsel or any other individual in making the representations referred to in subclause (i), a n d (

b) where an appeal committee directs the chair of the professional conduct and practice review general panel to refer a matter to a hearing committee, (

i) the executive secretary shall make representations to the hearing committee with respect to the executive secretary’s original decision under clause (

a) in respect of the matter, and (ii) the executive secretary ma y be represented before the hearing committee by counsel or any other individual

Section 10 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 11 in making the representations referred to in subclause (i).

(3) A hearing committee established in accordance with subsection (1) shall not make an order under

section 42(1)(

a) or (

b) or (2) of the former Teaching Profession Act.

(4) Where a hearing committee has been established under the former Teaching Profession Act or the former bylaws but the hearing has not concluded before the coming into force of this Part, the hearing must be concluded in accordance with the former Teaching Profession Act or the former bylaws as if the disciplinary provisions or the disciplinary bylaw provisions had not been repealed.

(5) For the purposes of subsection (4), the executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of a hearing committee and a hearing committee have the powers of the executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of a hearing committee and a hearing committee, respectively, under the former Teaching Profession Act.

(6) Any matters arising from a hearing referred to in subsection (1) or (4), including appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — appeals 10(1) Where the chair of the professional conduct and practice review general panel has received a request for appeal, has not dismissed the request for appeal under

section 49(4) of the former Teaching Profession Act or under the former bylaws and has not established an appeal committee before the coming into force of this Part, the appeal must be concluded in accordance with the former Teaching Profession Act or the former bylaws as if the disciplinary provisions or the disciplinary bylaw provisions had not been repealed.

(2) Where an appeal committee is established in accordance with subsection (1) and the executive secretary was required to make representations under

section 9(2)(

a) to the hearing committee in respect of the matter now under appeal, the executive secretary (

a) shall make representations to the appeal committee in respect of the executive secretary’s decision to refer or direct the chair of the professional conduct and practice review general panel to refer the matter to the hearing committee, and

Section 11 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 12 (

b) may be represented before the practice review appeal committee by counsel or any other individual in making the representations referred to in clause (a).

(3) Where an appeal committee has been established under the former Teaching Profession Act or the former bylaws but the appeal has not concluded before the coming into force of this Part, the appeal must be concluded in accordance with the former Teaching Profession Act or the former bylaws as if the disciplinary provisions or disciplinary bylaw provisions had not been repealed.

(4) For the purposes of subsection (3), the executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of an appeal committee and an appeal committee have the powers of the executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of an appeal committee and an appeal committee, respectively, under the former Teaching Profession Act.

(5) Any matters arising from an appeal referred to in subsection (1) or (3) must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — recommendation to Minister 11 Where a matter is required by this Part to be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed and a hearing committee makes a recommendation under

section 42(1)(

c) of the former Teaching Profession Act, (

a) the Minister may accep t, reject or vary the recommendation under

section 70 of the Certification of Teachers and Teacher Leaders Regulation as it read immediately before the coming into force of this Part as if that Regulation had not been repealed, and (

b) sections 69, 72 and 73 of the Certification of Teachers and Teacher Leaders Regulation as it read immediately before the coming into force of this Part apply in respect of the matter as if that Regulation had not been repealed. Transitional — provision of information and documents 12(1) The executive secretary shall provide to the Commissioner any information requested by the Commissioner under

section 57.1(1) of the former Teaching Profession Act relating to notifications or decisions in respect of a matter to which this Part applies.

Section 13 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 13

(2) The chair of the professional conduct and practice review general panel shall provide to the Commissioner any information requested by the Commissioner under

section 57.1(2) of the former Teaching Profession Act relating to requests for complainant appeals to which this Part applies.

(3) The executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of a complainant appeal committee and an appeal committee, the chair of a hearing committee and a hearing committee, the chair of an appeal committee or an appeal committee that dealt with a matter under the former Teaching Profession Act to which this Part applies shall provide to the Commissioner any documents, records, materials or information requested by the Commissioner in respect of that matter.

Transitional — transfer of documents, records, materials and information 13 Any documents, records, materials or information relating to a matter to which this Part applies must be provided to the Registrar, Commissioner or Minister in the manner prescribed by the Minister.

Part 2 Practice Review of Teachers and Teacher Leaders Regulation Transitional Provisions

Definitions 14 In this Part, (a) “Act” means the Education Act as it reads on the coming into force of this Part; (b) “former Regulation” means the Practice Review of Teachers and Teacher Leaders Regulation as it read immediately before the coming into force of this Part. Powers, duties, privileges and functions 15(1) For the purposes of sections 16(2)(

b) and (3)(b), 17(10), 18, 19, 20(4) and (5), 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the Registrar under the former Regulation are vested in and may be carried out by the Commissioner, and any reference to the Registrar in the former Regulation is deemed to be a reference to the Commissioner.

Section 15 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 14

(2) For the purposes of sections 16(2)(

b) and (3)(b), 17(8) and 19, the powers, duties, privileges and functions of an investigator under the former Regulation are vested in and may be carried out by an investigator under the Act, and any reference to an investigator in the former Regulation is deemed to be a reference to an investigator under the Act.

(3) For the purposes of

section 20(4), the powers, duties, privileges and functions of a member of the practice review general panel conducting a resolution process under the former Regulation are vested in and may be carried out by a member of the professional conduct and competency general panel under the Act, and any reference to a member of the practice review general panel conducting a resolution process under the former Regulation is deemed to be a reference to a member of the professional conduct and competency general panel under the Act.

(4) For the purposes of sections 16(2)(

b) and (3)(b), 17(10), 18, 19, 20(5), 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the chair or members of the practice review general panel under the former Regulation may be exercised and performed by the chair or members, respectively, of the professional conduct and competency general panel under the Act, and any reference to the chair or members of the practice review general panel in the former Regulation is deemed to be a reference to the chair or members, respectively, of the professional conduct and competency general panel under the Act.

(5) For the purposes of sections 16(2)(

b) and (3)(b), 17(10), 18, 19, 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the chair or members of a practice review complainant appeal committee under the former Regulation are vested in and may be carried out by the chair or members, respectively, of a complainant appeal committee under the Act, and any reference to the chair or members of a practice review complainant appeal committee in the former Regulation is deemed to be reference to the chair or members, respectively, of a complainant appeal committee under the Act.

(6) For the purposes of sections 16(2)(

b) and (3)(b), 17(10), 18, 19, 20(5), 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the chair or members of a practice review hearing committee under the former Regulation are vested in and may be carried out by the chair or members, respectively, of a hearing committee under the Act, and any reference to the chair or members of a practice review hearing committee in the former Regulation is deemed to be a reference to the chair or members, respectively, of a hearing committee under the Act.

Section 16 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 15

(7) For the purposes of sections 16(2)(

b) and (3)(b), 17(10), 18, 19, 20(5), 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the chair or members of a practice review appeal committee under the former Regulation are vested in and may be carried out by the chair or members, respectively, of an appeal committee under the Act, and any reference to the chair or members of a practice review appeal committee in the former Regulation is deemed to be a reference to the chair or members, respectively, of an appeal committee under the Act. Transitional — complaints 16(1) A complaint made under the Act on or after the day this

Part comes into force that relates to alleged professional incompetence or alleged unprofessional conduct occurring all or partly before the coming into force of this Part must be dealt with under the Act.

(2) Where a complaint under the former Regulation has not been concluded before the coming into force of this Part, (

a) if the Registrar under the former Regulation has not made a decision under

section 30(2) of the former Regulation in respect of the complaint before the coming into force of this Part, the Registrar under the former Regulation shall forthwith refer the complaint to the Registrar under the Act to be dealt with under the Act, and (

b) if the Registrar under the former Regulation has made a decision under

section 30(2) of the former Regulation in respect of the complaint before the coming into force of this Part, the complaint and any matters arising from the complaint, including investigations, hearings and appeals, must be concluded in accordance with the former Regulation as if it had not been repealed.

(3) Where the Registrar under the former Regulation has commenced preliminary inquiries under

section 31(1) of that Regulation, (

a) if the Registrar has not made a decision under

section 31(1) of the former Regulation to refer the matter to an investigator before the coming into force of this Part, the Registrar shall forthwith refer the matter to the Registrar to be dealt with under the Act, and (

b) if the Registrar has referr ed the matter to an investigator under

section 31(1) of the former Regulation before the coming into force of this Part, the matter and any matters arising from the matter, including investigations, hearings

Section 17 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 16 and appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — investigations 17(1) Where an investigation commenced under

section 32 of the former Regulation has not concluded before the coming into force of this Part, the investigation must be concluded in accordance with the former Regulation as if it had not been repealed.

(2) For the purposes of subsection (1), an investigator has the powers of an investigator under the former Regulation.

(3) An investigator referred to in subsection (2) shall provide to the Commissioner, on or before June 30, 2023, (

a) a report under

section 32(5) of the former Regulation, and (

b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister.

(4) If the investigator fails to conclude the investigation and provide to the Commissioner a report under subsection (3)(

a) on or before June 30, 2023, the investigator shall forthwith provide to the Commissioner (

a) an interim report with resp ect to the investigation, and (

b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister.

(5) On receiving an interim report under subsection (4), the Commissioner may, if the Commissioner considers it reasonable to do so, extend the deadline by which the investigation must be concluded.

(6) Where the Commissioner extends the deadline for concluding an investigation under subsection (5), the investigator shall provide to the Commissioner, on or before the deadline, (

a) the report referred to in subsection (3)(a), and (

b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister.

(7) If the investigator fails to conclude the investigation and provide to the Commissioner the report referred to in subsection (3)(

a) on or before the deadline extended under subsection (5), the investigator shall forthwith provide to the Commissioner (

a) an additional interim report with respect to the investigation, and

Section 18 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 17 (

b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister.

(8) Where the Commissioner refuses to extend a deadline under subsection (5) or on receiving an additional interim report under subsection (7)(a), the Commissioner shall appoint an investigator under

section 225.96 of the Act to continue the investigation under the former Regulation as if it had not been repealed.

(9) The investigator referred to in subsection (8) shall (

a) consider any interim report s and all documents, reports and materials relating to the investigation, and (

b) provide to the Commissioner (

i) the report referred to in subsection (3)(a), and (ii) all documents, reports and materials relating to the investigation, including any new or updated documents, reports and materials.

(10) Any matters arising from an investigation under this section, including hearings and appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — actions after considering investigator’s report 18(1) Where the Registrar has received a report under

section 32(5) of the former Regulation in respect of the investigation of a matter but has not made a decision under

section 33(3) of that Regulation before the coming into force of this Part, (

a) the Registrar shall forthwith provide to the Commissioner the report and all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister, and (

b) the Commissioner shall make a decision under

section 33(3) of the former Regulation in respect of the matter as if that Regulation had not been repealed.

(2) Where the Commissioner receives a report under

section 17(3)(

a) or (9)(b)(i), the Commissioner shall make a decision under

section 33(3) of the former Regulation in respect of the matter as if that Regulation had not been repealed.

(3) Any matters, including hearings or appeals, arising from a matter in respect of which the Commissioner makes a decision

Section 19 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 18 under subsection (1) or (2) must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — where report confirms conviction for prescribed offence 19(1) Where an investigator’s report in respect of a matter confirms that an investigated person has been convicted of a prescribed offence that proceeded by indictment but the Registrar has not made a recommendation under

section 34(a)(ii) of the former Regulation before the coming into force of this Part, (

a) the Registrar shall provide to the Commissioner the investigator’s report and all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister, and (

b) the Commissioner shall make a recommendation under

section 34(a)(ii) of the former Regulation in respect of the matter as if that Regulation had not been repealed.

(2) Where the Registrar has provided the Minister with the Registrar’s recommendation under

section 34(a)(ii) of the former Regulation but the Minister has not made a decision under

section 36(1) of that Regulation before the coming into force of this Part, the Minister shall make a decision in respect of the recommendation under

section 36(1) of the former Regulation as if it had not been repealed.

(3) Any matters, including hearings or appeals, arising from a matter referred to in subsection (1)(

b) must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — referral to resolution process 20(1) Where a resolution process commenced under

section 38 of the former Regulation has not concluded before the coming into force of this Part, the resolution process must be concluded in accordance with the former Regulation as if it had not been repealed.

(2) On the conclusion of a resolution process referred to in subsection (1), the Registrar shall forthwith provide to the Commissioner the report referred to in

section 38(5) of the former Regulation, in the manner prescribed by the Minister.

(3) For the purposes of subsection (1), (

a) the Registrar has the powers of the Registrar under the former Regulation, and

Section 21 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 19 (

b) the member of the prac tice review general panel conducting the resolution process has the powers of a member of the practice review general panel conducting a resolution process under the former Regulation.

(4) Where a matter has been referred to a member of the practice review general panel to conduct a resolution process under the former Regulation but the member conducting the resolution process has not been appointed before the coming into force of this Part, the resolution process must be concluded under the former Regulation as if it had not been repealed.

(5) Any matters, including hearings or appeals, arising from a matter referred to in subsection (1) or (4) must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — complainant appeals 21(1) Where the chair of the practice review general panel has received a notice of complainant appeal, has not dismissed the complainant appeal and has not established a practice review complainant appeal committee under the former Regulation before the coming into force of this Part, the complainant appeal must be concluded in accordance with the former Regulation as if it had not been repealed.

(2) Notwithstanding

section 15(1), the Registrar under the former Regulation (

a) shall make representatio ns to the practice review complainant appeal committee with respect to the Registrar’s decision not to take any further action under

section 30(2)(

a) or 33(3)(

a) of the former Regulation, and (

b) may be represented be fore the practice review complainant appeal committee by counsel or any other individual in making the representations referred to in clause (a).

(3) Where a practice review complainant appeal committee has been established under the former Regulation but the complainant appeal has not concluded before the coming into force of this Part, the complainant appeal must be concluded in accordance with the former Regulation as if it had not been repealed.

(4) For the purposes of subsection (3), (

a) the Registrar has the powers of the Registrar under the former Regulation, and

Section 22 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 20 (

b) the practice review compl ainant appeal committee and its members have the powers of a practice review complainant appeal committee and its members, as applicable, under the former Regulation.

(5) Any matters arising from a complainant appeal referred to in subsection (1) or (3), including investigations, hearings or appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — hearings 22(1) Where the chair of the practice review general panel has been directed to establish a practice review hearing committee under

section 24(1) or 36(1)(

b) of the former Regulation and has not established a practice review hearing committee before the coming into force of this Part, the hearing must be concluded in accordance with the former Regulation as if it had not been repealed.

(2) Notwithstanding

section 15(1), where a practice review hearing committee is established in accordance with subsection (1), (

a) where the Registrar directs the chair of the practice review general panel to refer a matter to a practice review hearing committee, (

i) the Registrar shall make representations to the practice review hearing committee with respect to the Registrar’s decision to refer or direct the chair to refer the matter to the practice review hearing committee, and (ii) the Registrar may be repr esented before the practice review hearing committee by counsel or any other individual in making the representations referred to in subclause (i), a n d (

b) where a practice review appeal committee directs the chair of the practice review general panel to refer a matter to a practice review hearing committee, (

i) the Registrar shall make representations to the practice review hearing committee with respect to the Registrar’s original decision under clause (

a) in respect of the matter, and (ii) the Registrar may be repr esented before the practice review hearing committee by counsel or any other

Section 23 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 21 individual in making the representations referred to in subclause (i).

(3) Where a practice hearing committee has been established under the former Regulation but the hearing has not concluded before the coming into force of this Part, the hearing must be concluded in accordance with the former Regulation as if it had not been repealed.

(4) For the purposes of subsection (3), the Registrar, the chair and members of the practice review general panel, the chair of a practice review hearing committee and a practice review hearing committee have the powers of the Registrar, the chair and members of the practice review general panel, the chair of a practice review hearing committee and a practice review hearing committee, respectively, under the former Regulation.

(5) Any matters arising from a hearing referred to in subsection (1) or (3), including appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — appeals 23(1) Where the chair of the practice review general panel has received a notice of appeal, has not dismissed the appeal and has not established a practice review appeal committee under the former Regulation before the coming into force of this Part, the appeal must be concluded in accordance with the former Regulation as if it had not been repealed.

(2) Where a practice review appeal committee is established in accordance with subsection (1) and the Registrar was required to make representations under

section 22(2)(

a) to the practice review hearing committee in respect of the matter now under appeal, the Registrar (

a) shall make representations to the practice review appeal committee in respect of the Registrar’s decision to direct the chair of the practice review general panel to refer the matter to the practice review hearing committee, and (

b) may be represented before the practice review appeal committee by counsel or any other individual in making the representations referred to in clause (a).

(3) Where a practice review appeal committee has been established under the former Regulation but the appeal has not concluded before the coming into force of this Part, the appeal must be concluded in accordance with the former Regulation as if it had not been repealed.

Section 24 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 22

(4) For the purposes of subsection (3), the Registrar, the chair and members of the practice review general panel, the chair of a practice review appeal committee and a practice review appeal committee have the powers of the Registrar, the chair and members of the practice review general panel, the chair of a practice review appeal committee and a practice review appeal committee, respectively, under the former Regulation.

(5) Any matters arising from an appeal referred to in subsection (1) or (3) must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — recommendation to Minister 24 Where a matter is required by this Part to be concluded in accordance with the former Regulation as if it had not been repealed and a practice review hearing committee makes a recommendation under

section 48(3) of the former Regulation or a practice review appeal committee makes a recommendation under

section 53(1)(

a) of the former Regulation, the Minister may make a decision with respect to the recommendation under

section 54(2) of the former Regulation as if it had not been repealed and

section 54(1) and (3) to (6) of the former Regulation apply in respect of the matter as if that Regulation had not been repealed.

Transitional — provision of information and documents 25 The Registrar, the chair and members of the practice review general panel, the chair of a practice review complainant appeal committee and a complainant appeal committee, the chair of a practice review hearing committee and a practice review hearing committee, the chair of a practice review appeal committee or a practice review appeal committee that dealt with a matter under the former Regulation to which this Part applies shall provide to the Commissioner any documents, records, materials or information requested by the Commissioner in respect of that matter.

Transitional — transfer of documents, records, materials and information 26 Any documents, records, materials or information relating to a matter to which this Part applies must be provided to the Registrar, Commissioner or Minister in the manner prescribed by the Minister.

Section 27 AR 125/2022 EDUCATION ACT TRANSITIONAL REGULATION 23

Part 3 Coming into Force Coming into force 27 This Regulation comes into force on the coming into force of

section 12 of the Education (Reforming Teacher Profession Discipline) Amendment Act, 2022.

Printed on Recycled Paper *9780779830824*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 125/2022
Type	regulation
Volume / chapter	2022 125
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	26b55b3385d7dc53215e57721076010d0920fd51

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