Alberta Regulation 1/99

Apprenticeship and Industry Training Act

CONSTRUCTION CRAFT LABOURER OCCUPATION

AMENDMENT REGULATION

Filed: January 11, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 37(2) of the Apprenticeship and Industry Training Act.

1 The Construction Craft Labourer Occupation Regulation (AR 237/96) is

amended by this Regulation.

Section 5 is amended

(

a) in subsection (2) by striking out "not later than 2 years from

the day on which this Regulation comes into force" and substituting "apply

to the Minister to";

(

b) by adding the following after subsection (2):

(2.1) In order to be granted an occupational certificate pursuant to

an application made under subsection (2), the application must be made to

the Minister not later than June 30, 1999.

------------------------------

Alberta Regulation 2/99

School Act

SUPERINTENDENT OF SCHOOLS REGULATION

Filed: January 13, 1999

Made by the Minister of Education (M.O. 061/98) pursuant to

section 95 of

the School Act.

Table of Contents

Definitions 1

Qualifications 2

Minister's approval 3

Severance allowance 4

Repeal 5

Expiry 6

Definitions

1 In this Regulation,

(a) "Act" means the School Act;

(b) "equivalent standard" means an equivalent standard of education

or experience as determined by the Minister;

(c) "superintendent" means a superintendent of schools appointed in

accordance with the Act.

Qualifications

2(1) No person may be appointed as a superintendent unless the person has

(

a) a Bachelor of Education degree or equivalent from a university

in Alberta or from a university of equivalent standard,

(

b) a Master's degree from a university in Alberta or from a

university of equivalent standard,

(

c) a certificate issued pursuant to the regulations made under

section 75.1(1)(

a) of the Act, and

(d) 3 years' experience in a school system in Alberta or in a

school system of equivalent standard which is acceptable to the board that

appoints the superintendent.

(2) Notwithstanding subsection (1), a person who is a secretary, a

treasurer, or a secretary-treasurer appointed under

section 96 of the Act

may not hold the position of superintendent.

Minister's approval

3 The Minister may refuse to approve an appointment or reappointment of a

superintendent if the provisions of the employment contract relating to

that position, including any provision governing termination of the

contract, are not acceptable to the Minister.

Severance allowance

4(1) Where

(

a) a person ceases to be a superintendent by reason of resignation

or termination or non-renewal of the person's appointment or employment

contract, and

(

b) the board pays a severance allowance to that person,

the severance allowance shall not exceed one year's salary.

(2) For the purpose of subsection (1), "severance allowance" does not

include vacation pay or a reasonable relocation allowance.

Repeal

5 The Superintendent of Schools Regulation (AR 41/89) is repealed.

Expiry

6 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on May 31, 2003.

------------------------------

Alberta Regulation 3/99

School Act

CERTIFICATION OF TEACHERS REGULATION

Filed: January 15, 1999

Made by the Minister of Education (M.O. 062/98) pursuant to

section 75.1 of

the School Act.

Table of Contents

Definitions 1

Administrative Matters

Registrar 2

Officers 3

Certification Appeal Committee 4

Panels of Certification Appeal Committee 5

Applications to the Registrar

Application 6

Requirements for interim professional certificate 7

Term of interim professional certificate 8

Re-issuance or extension of interim professional certificate 9

Requirements for permanent professional certificate 10

Recommendation 11

Refusal to issue, re-issue or extend 12

Written decision 13

Powers of the Registrar

Power to investigate and collect information 14

Registry 15

Information about teacher development 16

Ability to disclose information 17

Referral of discipline matter 18

Appeal to Certification Appeal Committee

Appeal to Certification Appeal Committee 19

Proceedings before the Certification Appeal Committee 20

Decision on appeal 21

Decision final 22

Implementing decisions 23

Costs 24

Powers of the Minister

Powers relating to certificates 25

Powers subsequent to hearing under Teaching Profession Act 26

Cancellation on request 27

Decision final 28

Letter of authority 29

Implementing decisions 30

Delegation 31

Fees 32

Extension of time 33

General

Signature on certificates 34

Service 35

Transitional 36

Corresponding certificates 37

Provisional certificate 38

Repeal and Expiry

Repeal 39

Expiry 40

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the School Act;

(b) "Bachelor of Education degree" means a degree in education

granted in Alberta by

(

i) a university as defined in the Universities Act;

(ii) a private college, as defined in the Colleges Act,

that offers a basic professional teacher preparation program approved by

the Minister;

(c) "certificate" means a provisional certificate, an interim

professional certificate, a permanent professional certificate or any other

certificate issued under this Regulation or a predecessor to this

Regulation;

(d) "Certification Appeal Committee" means the Certification Appeal

Committee appointed under

section 4;

(e) "officer" means an individual appointed under

section 3 to act

as an officer for the purposes of this Regulation;

(f) "Registrar" means the individual appointed under

section 2 to

act as the Registrar for the purposes of this Regulation;

(g) "teacher" means an individual who holds a certificate or whose

certificate has expired or been suspended or cancelled.

Administrative Matters

Registrar

2(1) The Minister may, in writing, appoint an individual to act as the

Registrar for the purposes of this Regulation.

(2) The Registrar may seek advice in any manner the Registrar considers

appropriate and may provide remuneration for the advice.

(3) The Registrar may delegate to any employee under the Minister's

administration any power or duty conferred on the Registrar by this

Regulation.

Officers

3(1) The Minister may, in writing, appoint individuals to act as officers

for the purposes of this Regulation.

(2) An officer may make recommendations to the Registrar regarding the

issuance or re-issuance of a certificate or the extension of the term of a

certificate.

(3) At the request of the Registrar, an officer may collect personal

information from teachers or from other persons that is necessary for the

purposes of

(

a) establishing and maintaining the registry referred to in

section 15, and

(

b) conducting statistical, evaluative and financial analyses and

forecasting relating to teachers,

and may disclose that information to the Registrar or the Minister.

Certification Appeal Committee

4(1) The Minister may appoint the members of the Certification Appeal

Committee and designate one member to act as the chair.

(2) The Certification Appeal Committee must have a minimum of 7 members

and may have more than 7 if the Minister considers it appropriate.

Panels of Certification Appeal Committee

5(1) The chair of the Certification Appeal Committee may establish panels

of that committee, each consisting of 7 members of the Certification Appeal

Committee.

(2) The chair may establish as many panels as the chair considers

appropriate.

(3) If the chair of the Certification Appeal Committee is unable to act as

the chair of a panel, the members of the panel must choose a person from

among themselves to act as the chair.

(4) Four members of a panel constitute a quorum.

Applications to the Registrar

Application

6(1) An individual must apply to the Registrar in the manner and form

required by the Minister

(

a) for the issuance or re-issuance of a certificate, or

(

b) for an extension of the term of a certificate.

(2) If an application is made under subsection (1) and the Registrar makes

an inquiry of the applicant in writing, the Registrar may consider the

application to have expired if the applicant does not respond appropriately

to the inquiry within one year following the date of the inquiry.

Requirements for interim professional certificate

7(1) The Registrar may issue an interim professional certificate to an

applicant who

(

a) holds a Bachelor of Education degree,

(

b) holds a degree that is acceptable to the Minister in a field

other than education and has completed a basic professional teacher

preparation program that is approved by the Minister from an institution in

Alberta, or

(

c) holds a degree that is acceptable to the Minister in education

or in any other field from an institution outside Alberta that is approved

by the Minister, if the degree

(

i) in the Registrar's opinion is equivalent to a

degree described in clause (

a) or (b),

(ii) includes or is supplemented with a basic

professional teacher preparation program that is acceptable to the

Minister, and

(iii) meets the requirements for teaching in the

jurisdiction where the degree or the basic professional teacher preparation

program was completed.

(2) Notwithstanding subsection (1), the Registrar may issue an interim

professional certificate to an applicant who has completed the course work

prescribed by the Registrar at an institution approved by the Minister

that, when combined with the applicant's other qualifications, is in the

Registrar's opinion equivalent to the requirements of subsection (1)(a),

(

b) or (c).

(3) An application for an interim professional certificate must be

accompanied by

(

a) the applicant's written declaration that the applicant has

completed the requirements for that certificate as prescribed by order of

the Minister, and

(

b) a written statement from a designated officer of an institution

in Alberta

(

i) that is approved by the Minister to offer a teacher

preparation program, and

(ii) in which the applicant completed the requirements

set out in subsection (1)(

a) or (

b) indicating that the applicant has completed the requirements

for that certificate as prescribed by order of the Minister.

(4) An applicant who has not completed a basic professional teacher

preparation program in Alberta may provide, in lieu of the written

statement referred to in subsection (3)(b),

(

a) proof satisfactory to the Registrar that the applicant holds a

certificate or the equivalent of a certificate from a jurisdiction outside

Alberta,

(

b) proof satisfactory to the Registrar that the certificate or

equivalent has not been suspended or cancelled, and

(

c) any other proof that the Registrar requires.

(5) The Registrar may issue an interim professional certificate only to a

Canadian citizen or an individual lawfully admitted to Canada for permanent

residence.

Term of interim professional certificate

8(1) Unless an extension is granted under

section 9, an interim

professional certificate expires on the earlier of

(

a) August 31 of the 3rd year following the year in which it is

issued, and

(

b) a date prescribed by the Registrar at the time of issue of the

interim professional certificate.

(2) The issuance of a permanent professional certificate to a teacher

cancels the teacher's interim professional certificate.

Re-issuance or extension of interim professional certificate

9(1) Where a teacher's interim professional certificate has expired or is

about to expire, an officer may recommend to the Registrar that the

certificate be re-issued or that the term of the certificate be extended.

(2) The Registrar may re-issue an interim professional certificate or

extend the term of an interim professional certificate only if the

application is accompanied by a statement from the officer who made the

recommendation under subsection (1) indicating that the officer is

satisfied that the applicant continues to meet the requirements for that

certificate as prescribed by order of the Minister.

(3) An interim professional certificate may be re-issued or its term may

be extended for a period not exceeding 3 years.

(4) An interim professional certificate may be re-issued or its term may

be extended as many times as the Registrar considers appropriate.

Requirements for permanent professional certificate

10(1) The Registrar may issue a permanent professional certificate to an

applicant who

(

a) while holding an interim professional certificate, has

completed the equivalent of 2 school years, as described in

section 40 of

the Act,

(

i) of full-time teaching experience in a setting where

the courses, education programs and instructional materials are prescribed,

authorized or approved by the Minister pursuant to

section 25(1) of the Act

(

A) a school in Alberta,

(

B) an institution operated or approved by

the Minister of Advanced Education and Career Development,

(

C) a public college or private college as

defined in the Colleges Act, or

(

D) a technical institute as defined in the

Technical Institutes Act,

(ii) of related professional experience that is

acceptable to the Registrar,

(

b) declares in writing that the applicant has completed the

requirements for that certificate as prescribed by order of the Minister,

and

(

c) provides the Registrar with a recommendation under

section 11

indicating that the applicant has completed the requirements for that

certificate as prescribed by order of the Minister.

(2) The Registrar may issue a permanent professional certificate to a

Canadian citizen only.

Recommenda-tion

11(1) In this section, "institution" means a board as defined in the Act

and includes a person providing an early childhood services program, an

operator of an accredited private school and an operator of a charter

school.

(2) Where an individual has completed the requirements of

section

10(1)(a), the officer for the institution at which the individual completed

those requirements must provide to the individual and to the Registrar a

recommendation in the form required by the Minister.

(3) A recommendation under this

section must indicate

(

a) that the individual has completed the requirements for a

permanent professional certificate as prescribed by order of the Minister,

(

b) that the individual has not completed the requirements for a

permanent professional certificate as prescribed by order of the Minister

and must include reasons.

(4) A recommendation under this

section must be provided by August 31 of

the year in which the individual completes the requirements of

section

10(1)(a).

(5) A recommendation relating to an individual who has completed the

requirements of

section 10(1)(a)(ii) must indicate how the professional

experience obtained by the individual is related to the quality of teaching

provided by the individual to students.

(6) This

section applies whether or not an individual who has completed

the requirements of

section 10(1)(

a) applies to the Registrar for a

permanent professional certificate.

Refusal to issue, re-issue or extend

12(1) The Registrar may refuse to issue or re-issue an interim

professional certificate or extend the term of an interim professional

certificate

(

a) if the applicant

(

i) does not meet the requirements of this Regulation

for that certificate,

(ii) has committed

an act that resulted in the

applicant's conviction of an indictable offence in Canada or an equivalent

conviction in a jurisdiction outside Canada,

(iii) held a certificate issued in Alberta or elsewhere

that has been suspended or cancelled as a result of unprofessional conduct

or unskilled or incompetent teaching,

(iv) has previously been denied the issuance or

re-issuance of an interim professional certificate or extension of the term

of an interim professional certificate,

(

v) in the Registrar's opinion, is not proficient in at

least one of the official languages of Canada, or

(vi) submits an application or accompanying document

that is false or misleading,

(

b) if the Registrar believes that it is not appropriate to issue

or re-issue an interim professional certificate or extend the term of an

interim professional certificate.

(2) The Registrar may refuse to issue a permanent professional certificate

(

a) if the applicant does not meet the requirements of this

Regulation for that certificate, or

(

b) if the Registrar believes that it is not appropriate to issue a

permanent professional certificate.

(3) The Registrar

(

a) must refuse to issue a certificate, and

(

b) may refuse to re-issue a certificate or to extend the term of a

certificate

if the Registrar is aware of any conduct on the part of the applicant that

is, at the time the Registrar is reviewing the application under

section 6,

the subject of a hearing under the Teaching Profession Act or the Practice

Review of Teachers Regulation (AR 4/99).

Written decision

13 On reviewing each application under

section 6, the Registrar shall

make a written decision that includes reasons and shall provide a copy of

the decision to the applicant.

Powers of the Registrar

Power to investigate and collect information

14(1) The Registrar may look into and collect information about any matter

relating to the Registrar's powers and duties under this Regulation.

(2) In the course of acting under subsection (1), the Registrar may

(

a) request and collect personal information, records of

credentials, records of criminal convictions and information about pardons

and any other information and records the Registrar considers relevant, and

(

b) conduct interviews and keep records.

Registry

15 The Registrar must establish and maintain a registry of information,

including personal information, in respect of individuals who

(

a) apply for a certificate,

(

b) request an evaluation of their credentials,

(

c) are officers,

(

d) hold a certificate, or

(

e) held a certificate in Alberta or elsewhere that has expired or

been suspended or cancelled.

Information about teacher development

16(1) The Registrar may collect and disclose non-identifying information

about teacher preparation and teacher professional development in Alberta,

and that information must be kept separate from

(

a) the registry referred to in

section 15, and

(

b) any other information maintained by the Registrar about an

individual.

(2) In this section, "non-identifying information" means information from

which it is impossible to ascertain the identity of the individual who is

the subject of the information.

Ability to disclose information

17(1) The Registrar may disclose

(

a) to an investigator or a panel or committee appointed under this

Regulation or the Practice Review of Teachers Regulation (AR 4/99)

information, including personal information, and records that, in the

Registrar's opinion, should be submitted to the investigator, panel or

committee,

(

b) to an investigator appointed under the Teaching Profession Act

information, including personal information, and records that, in the

Registrar's opinion, should be submitted to the investigator,

(

c) to the appropriate authority in a jurisdiction outside Alberta

information, including personal information, about whether an individual

has applied for, holds or once held a certificate, the type of certificate

and whether

(

i) the certificate

(

A) is in good standing,

(

B) has expired and may be re-issued, or

(

C) has been suspended or cancelled and the

reasons for suspension or cancellation,

(ii) there is an investigation or proceeding pending or

under way that may result in the certificate being suspended or cancelled

or not being re-issued,

(

d) to an employer or prospective employer who is required under

the Act to employ teachers, information, including personal information,

about a teacher's certificate, qualifications, major areas of

specialization, graduate diplomas or degrees, vocational training or years

of teaching experience and any information related to the teacher's

employment, and

(

e) on the written request of a teacher, to the appropriate

authority in a jurisdiction outside Alberta or to an employer or

prospective employer who is required under the Act to employ teachers, a

statement of standing, including personal information, about whether an

individual has applied for, holds or once held a certificate, the type of

certificate and whether

(

i) the certificate

(

A) is in good standing,

(

B) has expired and may be re-issued, or

(

C) has been suspended or cancelled and the

reasons for suspension or cancellation,

(ii) there is an investigation or proceeding pending or

under way that may result in the certificate being suspended or cancelled

or not being re-issued.

(2) A decision not to disclose information under subsection (1)(

a) to (

d) must not be appealed under

section 19.

(3) A decision not to disclose information under subsection (1)(

e) must

(

a) be in writing,

(

b) include reasons, and

(

c) be provided to the teacher who is the subject of the

information

and the decision may be appealed under

section 19.

Referral of discipline matter

18 Where in the Registrar's opinion it is appropriate to do so, the

Registrar may refer a matter to The Alberta Teachers' Association.

Appeal to Certification Appeal Committee

Appeal to Certification Appeal Committee

19(1) An applicant for a certificate or a teacher who is directly affected

by a decision of the Registrar under this Regulation may appeal the

decision by providing a written notice of appeal to the chair of the

Certification Appeal Committee.

(2) A notice of appeal must be received by the chair of the Certification

Appeal Committee not more than 30 days after the date on which the decision

of the Registrar is provided to the appellant under

section 13.

(3) A notice of appeal must

(

a) describe the decision being appealed, and

(

b) state the reasons for the appeal.

(4) Payment of the prescribed fee must accompany the notice of appeal.

(5) The chair of the Certification Appeal Committee must set the date,

time and location of the appeal.

(6) At least 15 days before the date of the appeal, the chair of the

Certification Appeal Committee must

(

a) serve on the appellant and provide to the Registrar a notice

setting out the date, time and location of the appeal, and

(

b) notify the appellant and the Registrar of their right to make

written and oral representations to the Certification Appeal Committee.

(7) No appeal may be commenced under this

section

(

a) if there is an investigation or proceeding pending or under way

in Alberta or elsewhere that may result in the certificate held by the

appellant being suspended or cancelled or not being re-issued,

(

b) where the Registrar's decision is based on the failure by the

appellant to provide the statement or other proof referred to in

section

7(3)(

b) or (4) or on the insufficiency of the statement or other proof, or

(

c) where the Registrar's decision is based on a finding or

recommendation of a practice review panel or practice review appeal

committee under the Practice Review of Teachers Regulation (AR 4/99).

Proceedings before the Certification Appeal Committee

20(1) At a hearing before the Certification Appeal Committee, the

appellant and the Registrar

(

a) may appear and be represented by counsel or any other

individual, and

(

b) may make written or oral submissions.

(2) A hearing before the Certification Appeal Committee must be open to

the public unless, in the opinion of the committee, the interests of any

person other than the appellant may be detrimentally affected if the

hearing is not held in private.

(3) Evidence may be given before the Certification Appeal Committee in any

manner that the committee considers appropriate, and the committee is not

bound by the rules of law respecting evidence applicable to judicial

proceedings.

(4) The Certification Appeal Committee may grant adjournments of the

proceedings or reserve the determination of the matters before it for a

future meeting of the committee.

(5) The Certification Appeal Committee may, on proof of service of the

notice referred to in

section 19(6)(a), proceed with the hearing in the

absence of the appellant.

(6) The Certification Appeal Committee may uphold, overrule or vary, with

or without conditions, a decision or recommendation of the Registrar.

Decision on appeal

21(1) The Certification Appeal Committee shall make a written decision,

which includes reasons.

(2) The chair of the Certification Appeal Committee shall forthwith

provide a copy of the decision to the appellant, the Registrar and the

Minister.

Decision final

22 The decision of the Certification Appeal Committee is final.

Implementing decisions

23 The Registrar must take whatever action the Registrar considers

appropriate to implement a decision of the Certification Appeal Committee.

Costs

24 The appellant is responsible for the payment of all costs incurred

(

a) by the appellant and the appellant's counsel or other

representative,

(

b) by witnesses appearing on behalf of the appellant, and

(

c) in the production of documents, papers, notes, records and

other materials or things produced on behalf of the appellant.

Powers of the Minister

Powers relating to certificates

25 If the Minister considers it appropriate to do so, the Minister may,

with or without conditions,

(

a) issue or re-issue a certificate or extend the term of a

certificate,

(

b) refuse to issue or re-issue a certificate or to extend the term

of a certificate,

(

c) suspend or cancel a certificate, or

(

d) reinstate a cancelled or suspended certificate.

Powers subsequent to hearing under Teaching Profession Act

26 The Minister may accept, reject or vary, with or without conditions, a

decision of

(

a) a hearing committee under

section 41(1) of the Teaching

Profession Act, or

(

b) the Appeal Committee under

section 54 of the Teaching

Profession Act.

Cancellation on request

27 The Minister may, at the request of the holder of a certificate,

cancel the certificate.

Decision final

28 A decision of the Minister under

section 25, 26, 27 or 30 is final.

Letter of authority

29(1) On the recommendation of an officer, the Registrar or the

Certification Appeal Committee, the Minister may issue a letter of

authority to an individual who

(

a) has academic and professional or technical qualifications that

are acceptable to the Minister, and

(

b) is lawfully authorized to work in Canada.

(2) The Minister may attach to a letter of authority any terms or

conditions that the Minister considers appropriate.

(3) A letter of authority is considered to be a certificate.

Implementing decisions

30 The Minister may take whatever action the Minister considers

appropriate

(

a) to implement a decision under this Regulation, or

(

b) to make public a decision under this Regulation.

Delegation

31 The Minister may delegate any authority under this Regulation to a

person under the Minister's jurisdiction except the authority to suspend or

cancel a certificate.

Fees

32(1) The Minister may set fees

(

a) for services provided by the Registrar;

(

b) for the filing of appeals;

(

c) for any other services relating to certificates or the

evaluation of credentials.

(2) The Minister may waive or reduce a fee referred to in subsection (1).

(3) The Minister may decide by whom a fee referred to in subsection (1)(

b) is to be paid.

Extension of time

33 The Minister may extend any time period set out in this Regulation.

General

Signature on certificates

34(1) Certificates must be signed

(

a) by the Minister or the Deputy Minister, and

(

b) by the Registrar.

(2) The signatures required under subsection (1) may be mechanically or

electronically reproduced on a certificate.

Service

35 When this Regulation requires that a document or notice be served on

an individual, the document or notice is sufficiently served

(

a) if it is served personally on the individual or sent to the

individual by registered mail,

(

i) in the case of a teacher, at the address last shown

for the teacher on the registry referred to in

section 15, or

(ii) in the case of any other individual, at the

individual's last known address,

(

b) if it is sent to the individual by electronic means that

results in a printed copy of the document or notice being received by the

individual.

Transitional

36(1) In this section, "former regulation" means the Certification of

Teachers Regulation (AR 261/90).

(2) Members of the Certification Appeal Committee established under the

former regulation are deemed to be members of the Certification Appeal

Committee under this Regulation until their terms of office expire or until

other members have been appointed to replace them.

(3) Where any appeal was commenced but not disposed of before the coming

into force of this Regulation, the appeal must continue to be dealt with

under the former regulation as if this Regulation had not come into force

and the members of the Certification Appeal Committee established under the

former regulation shall continue to act until the matter is disposed of.

Corresponding certificates

37(1) The Registrar may issue to a teacher who holds a certificate listed

in Column 1 of the

Schedule the corresponding certificate listed in Column

2 of the Schedule.

(2) The Registrar may extend the range of grades that may be taught by a

teacher who holds a certificate listed in Column 2 of the Schedule.

Provisional certificate

38(1) Where a provisional certificate was issued before the coming into

force of this Regulation and the holder of the certificate does not meet

the requirements of

section 7, the Registrar may extend the term of the

certificate for one year.

(2) The holder of the provisional certificate must submit with the

application for an extension evidence satisfactory to the Registrar of the

completion of further academic work toward qualifying for an interim

professional certificate.

(3) The application for an extension must be accompanied by a

recommendation from an officer indicating that, on the basis of the

applicant's satisfactory teaching service, the term of the provisional

certificate should be extended.

(4) The Registrar may extend the term of a provisional certificate 3

times beyond the initial 3-year term of the certificate.

Repeal and Expiry

Repeal

39 The Certification of Teachers Regulation (AR 261/90) is repealed.

Expiry

40 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on June 30, 2003.

SCHEDULE

CERTIFICATES

Column 1

Column 2

Classes of Certificates Issued under the Predecessors to this Regulation

Equivalent Certificates

Elementary and Intermediate Certificate (Permanent)

Permanent Junior E Certificate

Senior Elementary and Intermediate Certificate (Permanent)

Permanent Standard E Certificate

Junior Certificate for High School (Permanent)

Permanent Standard S Certificate

First Class Certificate (Permanent)

Permanent Standard E and Standard S (with teaching privileges extended to

Grade XII)

Permanent Academic Certificate

Permanent Professional Certificate

Permanent High School Certificate

Permanent Professional Certificate

Permanent First Class Certificate with Degree

Permanent Professional Certificate

------------------------------

Alberta Regulation 4/99

School Act

PRACTICE REVIEW OF TEACHERS REGULATION

Filed: January 15, 1999

Made by the Minister of Education (M.O. 004/99) pursuant to

section 75.1 of

the School Act.

Table of Contents

Interpretation 1

Administrative Matters

Registrar 2

Complainant review committee 3

Practice review panel 4

Practice review appeal committee 5

Complaint

Complaint 6

Termination of contract treated as a complaint 7

Referral of complaint to investigator 8

Registrar's authority in absence of complaint 9

Investigation 10

Decision of the Registrar

Registrar's decision on report of investigator 11

Review of Registrar's decision 12

Hearing Before Practice Review Panel

Notice of hearing before practice review panel 13

Proceedings at hearing 14

Compellable witness 15

Civil contempt proceedings 16

Proceedings in absence of teacher 17

Unskilled or incompetent teaching 18

Unprofessional conduct 19

Recommendations of practice review panel 20

Written decision 21

Duty to forward decision and record 22

Appeal to Practice Review Appeal Committee

Appeal 23

Proceedings at appeal 24

Public hearing 25

Decision on appeal 26

Decision of the Minister

Powers of Minister 27

General

Service 28

Transitional 29

Repeal and Expiry

Repeal 30

Expiry 31

Interpretation

1(1) In this Regulation,

(a) "Act" means the School Act;

(b) "board" means a board as defined in the Act and includes a

person providing an early childhood services program, an operator of an

accredited private school and an operator of a charter school;

(c) "certificate" means a provisional certificate, an interim

professional certificate or a permanent professional certificate issued

under the Certification of Teachers Regulation (AR 3/99) or a predecessor

to that regulation;

(d) "complainant review committee" means a committee established

under

section 3;

(e) "complaint" means a complaint made in writing

(

i) about the teaching of a teacher referred to in

clause (m)(i), (ii) or (iii), or

(ii) about the alleged unprofessional conduct of a

teacher referred to in clause (m)(ii) or (iii);

(f) "conduct" includes

an act or omission;

(g) "Council" means the Council on Alberta Teaching Standards

established by the Minister;

(h) "investigator" means a person appointed to conduct an

investigation under this Regulation;

(i) "practice review appeal committee" means a committee

established under

section 5;

(j) "practice review panel" means a panel established under

section

(k) "Registrar" means the individual appointed under

section 2 to

act as the Registrar for the purposes of this Regulation;

(l) "superintendent" means a superintendent of schools appointed

under the Act;

(m) "teacher" means

(

i) an individual who holds a certificate and is

subject to the Teaching Profession Act,

(ii) an individual who holds a certificate but is not

subject to the Teaching Profession Act, and

(iii) an individual whose certificate has expired or been

suspended or cancelled and is not subject to the Teaching Profession Act;

(n) "teaching" means providing for optimum learning by students

through the judicious and reasoned use and application of the knowledge,

skills and attributes prescribed by order of the Minister;

(o) "unprofessional conduct" means conduct that is detrimental to

the best interests of students, the public or teachers generally.

(2) This Regulation applies notwithstanding that a teacher's certificate

has expired or been suspended or cancelled.

(3) This Regulation does not apply to unprofessional conduct or alleged

unprofessional conduct of a teacher referred to in subsection (1)(m)(i).

Administrative Matters

Registrar

2 The Minister may, in writing, appoint an individual to act as the

Registrar for the purposes of this Regulation.

Complainant review committee

3(1) The Registrar shall recommend to the Minister the establishment of

one or more complainant review committees.

(2) The Minister may appoint the members of a complainant review committee

and designate one member to act as the chair.

(3) A complainant review committee must have at least 3 members.

(4) The majority of the members of a complainant review committee must be

teachers referred to in

section 1(1)(m)(

i) and (ii).

(5) Members and former members of the Council are eligible to be appointed

as members of a complainant review committee.

(6) At least one member of a complainant review committee must be

(

a) a member of the public who is not the holder of a certificate,

(

b) a member or former member of the Council who is not the holder

of a certificate.

Practice review panel

4(1) The Registrar shall recommend to the Minister the establishment of

one or more practice review panels.

(2) The Minister may appoint the members of a practice review panel and

designate one member to act as the chair.

(3) A practice review panel must have at least 5 members.

(4) The majority of the members of a practice review panel must be

teachers referred to in

section 1(1)(m)(

i) and (ii).

(5) Members and former members of the Council are not eligible to be

appointed as members of a practice review panel.

(6) At least one member of a practice review panel must be a member of the

public who is not the holder of a certificate.

Practice review appeal committee

5(1) The Registrar shall recommend to the Minister the establishment of

one or more practice review appeal committees.

(2) The Minister may appoint the members of a practice review appeal

committee and designate one member to act as the chair.

(3) A practice review appeal committee must have at least 3 members.

(4) The majority of the members of a practice review appeal committee must

be members or former members of the Council.

(5) At least one member of a practice review appeal committee must be a

member of the public who is not the holder of a certificate.

Complaint

Complaint

6(1) Any individual may make a complaint to the Registrar and the

complaint shall be dealt with in accordance with this Regulation.

(2) If the complaint relates to alleged unprofessional conduct of a

teacher referred to in

section 1(1)(m)(

i) that, in the Registrar's opinion,

is or may be the subject of a complaint under

section 23 of the Teaching

Profession Act, the Registrar must refer the complaint to the executive

secretary of The Alberta Teachers' Association and the complaint shall be

dealt with in accordance with the Teaching Profession Act.

(3) Any of the following persons who has reason to believe that a teacher

referred to in

section 1(1)(m)(ii) or (iii) has been or may have been

convicted of an indictable offence at a time when the teacher held a

certificate or was eligible for a re-issuance of a certificate must make a

complaint under this

section relating to that belief:

(

a) a superintendent;

(

b) a principal;

(

c) a person providing an early childhood services program;

(

d) an operator of an accredited private school.

(4) A complaint may be made

(

a) about the teaching of a teacher referred to in

section

1(1)(m)(i), (ii) or (iii), not later than 2 years after the teacher ceases

to engage in the practice of teaching, or

(

b) about the alleged unprofessional conduct of a teacher referred

to in

section 1(1)(m)(ii) or (iii), at any time.

Termination of contract treated as a complaint

7(1) If a board terminates the contract of employment

(

a) of a teacher referred to in

section 1(1)(m)(i), (ii) or (iii),

on grounds related to the teaching of that teacher, or

(

b) of a teacher referred to in

section 1(1)(m)(ii) or (iii), on

grounds related to alleged unprofessional conduct of that teacher,

the board must forward a copy of the notice of termination and the grounds

for the termination to the Registrar.

(2) The Registrar may treat the notice of termination as a complaint, but

the board is not considered to be a complainant for the purposes of this

Regulation.

(3) The Registrar must not take any action under

section 8 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.

Referral of complaint to investigator

8(1) Within 30 days of receiving a complaint, the Registrar shall

(

a) make any preliminary inquiries relating to the complaint that

the Registrar considers appropriate,

(

b) appoint an investigator and refer the complaint to the

investigator,

(

c) serve on the teacher who is the subject of the complaint a

notice setting out the nature of the complaint, and

(

d) if the teacher is or was employed by a board in respect of

which there is a superintendent, notify the superintendent in writing of

the nature of the complaint.

(2) Notwithstanding subsection (1), if the complaint is about the teaching

of a teacher, the Registrar must not appoint an investigator or refer the

complaint to an investigator if the Registrar is aware that

(

a) the complainant has not addressed the matter with

(

i) the teacher who is the subject of the complaint,

(ii) the principal, and

(iii) the superintendent, if any,

(

b) the board that employs the teacher or its agent is

investigating the matter.

(3) The Registrar may suspend an investigation at any time if, in the

Registrar's opinion, the investigation should be suspended pending the

completion of another proceeding relating to the complaint.

Registrar's authority in absence of complaint

9(1) In the absence of a complaint, the Registrar may

(

a) make any preliminary inquiries

(

i) relating to the teaching of a teacher referred to

section 1(1)(m)(i), (ii) or (iii), or

(ii) relating to the alleged unprofessional conduct of a

teacher referred to in

section 1(1)(m)(ii) or (iii)

that the Registrar considers appropriate,

(

b) appoint an investigator to look into the matter in respect of

which inquiries have been or are being made under clause (

a) and refer the

matter to the investigator,

(

c) serve on the teacher in respect of whom inquiries have been or

are being made under clause (

a) a notice setting out the nature of the

inquiries, and

(

d) if the teacher is or was employed by a board in respect of

which there is a superintendent, notify the superintendent in writing of

the nature of the inquiries.

(2) Notwithstanding subsection (1), if the inquiries are about the

teaching of a teacher referred to in

section 1(1)(m)(i), (ii) or (iii) the

Registrar must not appoint an investigator or refer the matter to an

investigator if the Registrar is aware that the board that employs the

teacher or its agent is investigating the matter.

(3) The Registrar may suspend an investigation at any time if, in the

Registrar's opinion, the investigation should be suspended pending the

completion of another proceeding relating to the matter being investigated.

(4) When the Registrar takes an action under subsection (1), the Registrar

is not considered to be a complainant for the purposes of this Regulation.

(5) Any action taken under subsection (1) must be taken within the time

limits set out in

section 6(4).

Investigation

10(1) Within 30 days after receiving a matter that has been referred by

the Registrar under

section 8(1)(

b) or 9(1)(b), the investigator shall

commence an investigation of the matter.

(2) An investigator may

(

a) request any person, including the board that employs or

employed the teacher and the teacher or any other employee of the board, to

answer any questions and to produce to the investigator any documents,

papers, notes, records and other materials and things relevant to the

investigation, and

(

b) copy and keep copies of any of the materials or things that are

produced under clause (a).

(3) An investigator shall conduct the investigation in a manner the

investigator considers most suitable in the circumstances.

(4) An investigator may investigate any other matter related to the matter

being investigated that arises in the course of the investigation.

(5) An investigator shall send to the Registrar, forthwith on concluding

the investigation, a written report including copies of all materials

related to the investigation.

(6) If the teacher who is the subject of the investigation is alleged to

have been convicted of an indictable offence, the investigator shall

attempt to confirm whether or not the teacher has, in fact, been convicted

of an indictable offence and immediately on doing so shall prepare a report

to that effect.

Decision of the Registrar

Registrar's decision on report of investigator

11(1) On reviewing a report from an investigator, the Registrar shall,

subject to subsection (2), direct forthwith that

(

a) no further action be taken if the Registrar is of the opinion

that

(

i) the matter is frivolous or vexatious or without

merit, or

(ii) there is insufficient evidence to warrant a hearing

before a practice review panel,

(

b) the matter be referred to a practice review panel for a

hearing.

(2) In a case where it has been confirmed that a teacher has been

convicted of an indictable offence, the Registrar must make a direction

under subsection (1)(b).

(3) The Registrar shall serve on the complainant, if any, and on the

teacher and send to the superintendent, if any, a notice setting out

(

a) the decision of the Registrar,

(

b) the reasons for the decision, and

(

c) if the decision is that no further action will be taken, the

complainant's right to request a review of that decision under

section 12.

(4) The Registrar shall send to the complainant, if any, and to the

teacher a copy of the report prepared by the investigator under

section 10.

Review of Registrar's decision

12(1) The complainant, within 15 days of being served with a decision that

no further action will be taken in respect of the complaint, may by notice

in writing to the Registrar request a review of that decision by a

complainant review committee.

(2) A request under subsection (1) must include reasons why the

complainant believes the matter should be referred to a practice review

panel for a hearing.

(3) On receiving a request for a review, the Registrar must notify the

teacher, the superintendent, if any, and the chair of a complainant review

committee that a request for a review has been received.

(4) At least 15 days before the date set for a review, the chair of the

complainant review committee shall notify the complainant, the teacher and

the Registrar

(

a) of the date, time and location of the review, and

(

b) of their right to make written and oral representations to the

complainant review committee.

(5) The complainant, the teacher and the Registrar, at a review by the

complainant review committee, may

(

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

and

(

b) at the request of the complainant review committee provide

clarification of any matter.

(6) If information is available to the complainant review committee that

was not available to the investigator or the Registrar, the committee may

in making its decision consider the relevance of that information.

(7) Proceedings before the complainant review committee shall be held in

private.

(8) Not later than 15 days after the conclusion of the proceedings before

it, the complainant review committee shall make one of the following

decisions and provide reasons for the decision:

(

a) confirm the decision of the Registrar;

(

b) direct the Registrar to continue the investigation;

(

c) direct that the complaint be referred to a practice review

panel for a hearing.

(9) The chair of the complainant review committee shall serve on the

complainant and send to the teacher, the Registrar and the superintendent,

if any, a notice of the committee's decision and the reasons for the

decision.

Hearing Before Practice Review Panel

Notice of hearing before practice review panel

13(1) On a direction being made under

section 11(1)(

b) or 12(8)(c), the

practice review panel shall hold a hearing.

(2) The chair of the practice review panel shall forthwith set the date,

time and location of the hearing.

(3) At least 15 days before the date set for a hearing, the chair of the

practice review panel shall serve on the teacher a notice stating

(

a) the date, time and location of the hearing, and

(

b) reasonable particulars of the matter to be heard.

Proceedings at hearing

14(1) The Registrar and the teacher may appear and be represented by

counsel or any other individual at a hearing before the practice review

panel.

(2) A hearing before a practice review panel must be open to the public

unless

(

a) the complainant requests that the hearing be held in private

because of the confidential nature of the matters to be heard, or

(

b) in the opinion of the practice review panel, the interests of

any person other than the teacher may be detrimentally affected if the

hearing is not held in private.

(3) The practice review panel may grant adjournments of the proceedings or

reserve the determination of the matters before it for a future meeting of

the panel.

(4) Evidence may be given before a practice review panel in any manner

that the panel considers appropriate, and the panel is not bound by the

rules of law respecting evidence applicable to judicial proceedings.

Compellable witness

15(1) Subject to subsection (3), the chair of the practice review panel,

at the request of the Registrar or the teacher, may issue an order

compelling the teacher or any other individual who, in the opinion of the

chair, may have knowledge of the matter

(

a) to appear as a witness before the practice review panel, or

(

b) to produce any materials, including any documents, papers,

notes or records, to the practice review panel.

(2) At least 15 days before the date of the hearing, the Registrar shall

serve an order issued under subsection (1) on the appropriate person.

(3) If the teacher has been convicted of an indictable offence, no person

shall require the attendance as a witness at a hearing before the practice

review panel of any person who attended as a witness at the court that

convicted the teacher of the indictable offence.

(4) A witness may be examined under oath on anything relevant to the

hearing before a practice review panel 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 the 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

16 The chair of a practice review panel may direct the Registrar to

initiate proceedings for civil contempt of court before the Court of

Queen's Bench against a witness

(

a) who fails

(

i) to attend before the practice review panel in

compliance with a notice to attend, or

(ii) to produce records in accordance with a notice to

produce them,

(

b) who refuses to answer any question the witness is directed to

answer by the practice review panel.

Proceedings in absence of teacher

17 The practice review panel may, on proof of service of the notice of

hearing on the teacher,

(

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

(

b) act, decide and report on the matter being heard in the same

way as if the teacher were in attendance.

Unskilled or incompetent teaching

18 The practice review panel may find a teacher referred to in

section

1(1)(m)(i), (ii) or (iii) to be unskilled or incompetent if, in the opinion

of the practice review panel, the teacher

(

a) exhibits an inability or unwillingness to teach, or

(

b) displays a lack of knowledge, skill or judgment in teaching.

Unprofessional conduct

19(1) The practice review panel may find the conduct of a teacher referred

to in

section 1(1)(m)(ii) or (iii) to constitute unprofessional conduct if,

in the opinion of the practice review panel, that conduct is detrimental to

the best interests of students, the public or teachers generally.

(2) Where a teacher has been convicted of an indictable offence, a

practice review panel shall make a recommendation to the Minister under

section 20 and has no authority

(

a) to find that the conduct of the teacher on which the conviction

is based does not constitute unprofessional conduct, or

(

b) to investigate the conduct of the teacher on which the

conviction is based except for the purpose of making a recommendation to

the Minister.

Recommenda-tions of practice review panel

20(1) If a practice review panel finds that a teacher referred to in

section 1(1)(m)(i), (ii) or (iii) is unskilled or incompetent in teaching

or that the conduct of a teacher referred to in

section 1(1)(m)(ii) or

(iii) constitutes unprofessional conduct, the panel may recommend that the

Minister do any one or more of the following:

(

a) suspend the certificate held by the teacher;

(

b) cancel the certificate held by the teacher;

(

c) if the teacher holds a permanent professional certificate,

cancel that certificate and direct the Registrar to issue an interim

professional certificate;

(

d) specify any conditions the teacher must meet before re-applying

for a certificate;

(

e) issue a letter of reprimand to the teacher;

(

f) specify conditions under which the teacher may teach, including

terms of mandatory supervision.

(2) If the decision of a practice review panel

(

a) relates to a teacher who has been convicted of an indictable

offence, and

(

b) does not contain a recommendation that the Minister cancel or

suspend the certificate of the teacher,

the decision must include reasons why such a recommendation has not been

made.

Written decision

21 The practice review panel shall, not more than 45 days after the

conclusion of a hearing, make a written decision on the matter, which

includes

(

a) each finding made by it,

(

b) the reasons for each finding made by it, and

(

c) any recommendation made by it.

Duty to forward decision and record

22(1) The chair of the practice review panel shall forthwith

(

a) serve a copy of the decision on the teacher, and

(

b) send to the Registrar a copy of the decision and the record of

the hearing, consisting of all evidence presented at the hearing, including

(

i) all exhibits,

(ii) all documents, and

(iii) all testimony given before the panel, whether

recorded in electronic, mechanical or handwritten form.

(2) The teacher and any person representing the teacher may examine the

record or any part of the record of the proceedings before the practice

review panel and hear any recording or examine any mechanical or

handwritten record of evidence given before the panel.

(3) If the teacher requests a transcript of all or part of the hearing,

the teacher shall pay the cost of the preparation of the transcript.

(4) If no appeal is commenced within the period set out in

section 23(2),

the chair of the practice review panel shall forthwith on the expiry of

that period send a copy of the decision of the practice review panel to the

Minister.

Appeal to Practice Review Appeal Committee

Appeal

23(1) A teacher or the Registrar may appeal a finding or a recommendation,

or both, of a practice review panel to a practice review appeal committee.

(2) An appeal under subsection (1) must be commenced by a written notice

of appeal to the chair of the practice review appeal committee not more

than 15 days after the date on which the decision of the practice review

panel is served on the teacher.

(3) A notice under subsection (2) must

(

a) describe the finding or recommendation, or both, being

appealed, and

(

b) state the reasons for the appeal.

(4) The chair of the practice review appeal committee shall notify the

teacher and the Registrar at least 15 days before the date of the appeal

(

a) of the date, time and location of the appeal, and

(

b) of their right to make written and oral representations to the

practice review appeal committee.

Proceedings at appeal

24(1) At the hearing before a practice review appeal committee, the

teacher and the Registrar

(

a) may appear and be represented by counsel or any other

individual, and

(

b) at the request of the committee, may provide clarification of

any matter under consideration by the practice review appeal committee.

(2) The appeal to the practice review appeal committee must be founded on

the decision of the practice review panel and the record of the proceedings

before the practice review panel.

(3) Sections 14(3) to 17 apply to proceedings before the practice review

appeal committee.

Public hearing

25 A hearing before the practice review appeal committee must be open to

the public unless, in the opinion of the practice review appeal committee,

the interests of any person other than the teacher may be detrimentally

affected if the hearing is not held in private.

Decision on appeal

26(1) Not more than 30 days after the conclusion of the proceedings before

it, the practice review appeal committee shall do any or all of the

following:

(

a) quash, vary or confirm a finding or recommendation of the

practice review panel or substitute a finding or recommendation of its own;

(

b) refer the matter back to the practice review panel for further

consideration if the practice review appeal committee is satisfied that new

evidence is available;

(

c) refer the matter to another practice review panel for a new

hearing.

(2) The practice review appeal committee shall make a written decision on

the matter that includes its reasons for the decision.

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

(

a) serve a copy of the decision on the teacher,

(

b) send to the Registrar a copy of the decision and the record of

the hearing, consisting of all evidence presented at the hearing, including

(

i) all exhibits,

(ii) all documents, and

(iii) all testimony given before the committee, whether

recorded in electronic, mechanical or handwritten form,

and

(

c) send to the Minister a copy of the decision.

Decision of the Minister

Powers of Minister

27(1) On receiving the decision of a practice review panel or a practice

review appeal committee, the Minister may examine the record or any part of

the record of the proceedings before the panel or committee and hear any

recording or examine any mechanical or handwritten record of evidence given

before the panel or committee.

(2) On reviewing the decision and the record of the proceedings before the

practice review panel or the practice review appeal committee, the Minister

may quash, vary or confirm a finding or recommendation of the panel or the

committee, as the case may be.

(3) A decision under subsection (2) must be in writing and must include

the reasons for the decision.

(4) The Minister shall

(

a) serve a copy of the decision on the teacher, and

(

b) send a copy of the decision to the Registrar, the

superintendent, if any, and the complainant, if any.

(5) A decision under this

section is final.

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

appropriate

(

a) to implement a decision under this section, and

(

b) to make public a decision under this section.

General

Service

28 When this Regulation requires that a document or notice be served on

an individual, the document or notice is sufficiently served if

(

a) it is personally delivered to the individual,

(

b) it is sent to the individual by registered mail

(

i) in the case of a teacher, at the address last shown

for the teacher on the register maintained in accordance with the

Certification of Teachers Regulation (AR 3/99), or

(ii) in the case of any other individual, at the

individual's last known address,

(

c) it is sent to the individual by electronic means that results

in a printed copy of the document or notice being received by the

individual.

Transitional

29(1) In this section, "former regulation" means the Practice Review of

Teachers Regulation (AR 153/87).

(2) Members of a complainant appeal committee established under the former

regulation are deemed to be members of a complainant review committee under

this Regulation until their terms of office expire or until other members

have been appointed to replace them.

(3) Members of a competency review panel established under the former

regulation are deemed to be members of a practice review panel under this

Regulation until their terms of office expire or until other members have

been appointed to replace them.

(4) Members of a competency review appeal committee established under the

former regulation are deemed to be members of a practice review appeal

committee under this Regulation until their terms of office expire or until

other members have been appointed to replace them.

(5) Where a complaint was made to the Registrar and was not disposed of

before the coming into force of this Regulation, the complaint must be

concluded under this Regulation.

Repeal and Expiry

Repeal

30 The Practice Review of Teachers Regulation (AR 153/87) is repealed.

Expiry

31 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on June 30, 2003.