Alberta Regulation 10/2010

Court of Queen's Bench Act

SURROGATE RULES AMENDMENT REGULATION

Filed: February 19, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 42/2010)

on February 18, 2010 pursuant to

section 20 of the Court of Queen's Bench Act.

1 The Surrogate Rules (AR 130/95) are amended by this

Regulation.

2 Rule 57 is amended

(

a) by repealing clause (

f) and substituting the

following:

(

f) trustees of represented adults under the Adult

Guardianship and Trusteeship Act;

(

b) by adding the following after clause (m):

(

n) dependants as defined in the Dependants Relief Act.

3 Rule 78(

d) is repealed and the following is substituted:

(

d) trustees of represented adults under the Adult Guardianship

and Trusteeship Act;

Part 4 is repealed.

Schedule 3 is amended

(

a) in form NC 24.1 by striking out "dependent adult"

wherever it occurs and substituting "represented

adult";

(

b) in forms C 1, C 13, ACC 1, ACC 6, ACC 8, ACC 10

and ACC 13 by striking out "DEPENDENT ADULTS"

and substituting "REPRESENTED ADULTS";

(

c) by repealing forms DA 1 to DA 18.

Alberta Regulation 11/2010

School Act

PRACTICE REVIEW OF TEACHERS REGULATION

Filed: February 23, 2010

For information only: Made by the Minister of Education (M.O. 005/2010) on

February 22, 2010 pursuant to

section 94(1)(

c) of the School Act.

Table of Contents

Interpretation

2 Unprofessional conduct

3 Unskilled or incompetent teaching

Administrative Matters

4 Registrar

5 Practice review complainant appeal committee

6 Practice review general panel

7 Practice review hearing committees

8 Practice review appeal committee

Complaint

9 Complaint

10 Termination of contract treated as a complaint

11 Registrar's actions

12 Registrar's authority in absence of complaint

13 Investigation

Decision of the Registrar

14 Registrar's decision on report of investigator

15 Appeal of Registrar's decision

16 Registrar's decision on report respecting resolution process

Resolution Process

17 Resolution process

Hearing Before Practice

Review Hearing Committee

18 Notice of hearing before practice review hearing committee

19 Proceedings at hearing

20 Compellable witness

21 Civil contempt proceedings

22 Proceedings in absence of teacher

23 Unskilled or incompetent teaching

24 Unprofessional conduct

25 Recommendations of practice review hearing committee

26 Written decision

27 Duty to forward decision and record

Appeal to Practice Review Appeal Committee

28 Appeal

29 Proceedings at appeal

30 Public hearing

31 Decision on appeal

Decision of the Minister

32 Powers of the Minister

General

33 Service

34 Transitional

Repeal and Expiry

35 Repeal

36 Expiry

Schedule

Interpretation

1(1) In this Regulation,

(a) "Act" means the School Act;

(b) "board" means

(

i) a person providing an early childhood services program,

(ii) an operator of a private school,

(iii) an operator of a charter school, or

(iv) in respect of a band school, a person designated by the

Registrar as the board of the school for the purposes of

this Regulation;

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

professional certificate or a permanent professional

certificate or any other authority to teach issued under the

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

predecessor to that regulation;

(d) "complaint" means

(

i) a complaint under

section 9(1),

(ii) a notice of termination that the Registrar treats as a

complaint under

section 10(2), or

(iii) a matter that, under

section 14(3), constitutes a

complaint;

(e) "conduct" includes

an act or omission;

(f) "indictable offence" means an offence under the Criminal

Code (Canada), the Controlled Drugs and Substances Act

(Canada), the Food and Drugs Act (Canada) or the Youth

Criminal Justice Act (Canada) that is prosecuted by

indictment;

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

investigation under this Regulation;

(h) "practice review appeal committee" means the committee

established by

section 8;

(i) "practice review complainant appeal committee" means the

committee established by

section 5;

(j) "practice review general panel" means the panel established

section 6;

(k) "practice review hearing committee" means a committee

established under

section 7;

(l) "professional competence" means the skill and competence

of a teacher in teaching;

(m) "professional conduct requirements" means the professional

conduct requirements set out in the Schedule;

(n) "Registrar" means the individual appointed under

section 4 to

act as the Registrar for the purposes of this Regulation;

(o) "superintendent" means

(

i) a superintendent of schools appointed under the Act,

(ii) a person providing an early childhood services program,

(iii) an operator of a private school, or

(iv) in respect of a band school,

(

A) the director of education, or

(

B) if there is no director of education, a person

designated by the Registrar as the superintendent

of the school for the purposes of this Regulation;

(p) "teacher" means

(

i) an individual who holds a certificate but is not subject

to the Teaching Profession Act, or

(ii) an individual who once held but no longer holds a

certificate;

(q) "Teaching Quality Standard" means the Teaching Quality

Standard Applicable to the Provision of Basic Education in

Alberta Ministerial Order (#016/97), as amended from time

to time;

(r) "unprofessional conduct" means conduct described in section

(2) This Regulation applies notwithstanding that a teacher no longer

holds a certificate.

(3) For greater certainty, this Regulation does not apply to a teacher to

whom the Teaching Profession Act applies.

Unprofessional conduct

2 Conduct that

(

a) is detrimental to the best interests of students, the public or

teachers generally,

(

b) does not meet the professional conduct requirements, or

(

c) is the basis for a conviction for an indictable offence

constitutes unprofessional conduct.

Unskilled or incompetent teaching

3 Failure to meet the requirements of the Teaching Quality Standard

constitutes unskilled or incompetent teaching.

Administrative Matters

Registrar

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

Registrar for the purposes of this Regulation.

Practice review complainant appeal committee

5(1) The practice review complainant appeal committee is established.

(2) The Minister may, in accordance with subsection (3), appoint the

members of the practice review complainant appeal committee and

may designate one member as the chair.

(3) The practice review complainant appeal committee

(

a) must consist of at least 3 members,

(

b) must have a majority of members who are teachers referred

to in

section 1(1)(p)(i),

(

c) must include at least one member of the public who does not

hold and has not held a certificate, and

(

d) may include one or more members who are teachers to whom

the Teaching Profession Act applies.

Practice review general panel

6(1) The practice review general panel is established.

(2) The Minister may, in accordance with subsection (3), appoint the

members of the practice review general panel.

(3) The practice review general panel

(

a) must consist of at least 15 members,

(

b) must have a majority of members who are teachers referred

to in

section 1(1)(p)(i),

(

c) must include at least 3 members of the public who do not

hold and have not held a certificate, and

(

d) may include one or more members who are teachers to whom

the Teaching Profession Act applies.

Practice review hearing committees

7(1) The Registrar may establish the practice review hearing

committees that the Registrar considers necessary.

(2) The Registrar may, in accordance with subsection (3), appoint the

members of a practice review hearing committee and may designate

one member as the chair.

(3) A practice review hearing committee

(

a) must consist of members appointed from the practice review

general panel,

(

b) must consist of at least 3 and not more than 5 members,

(

c) must have a majority of members who are teachers referred

to in

section 1(1)(p)(i),

(

d) must include at least one member of the public who does not

hold and has not held a certificate, and

(

e) may include a member who is a teacher to whom the

Teaching Profession Act applies.

Practice review appeal committee

8(1) The practice review appeal committee is established.

(2) The Minister may, in accordance with subsection (3), appoint the

members of the practice review appeal committee and may designate

one member as the chair.

(3) The practice review appeal committee

(

a) must consist of at least 3 members,

(

b) must have a majority of members who are teachers referred

to in

section 1(1)(p)(i),

(

c) must include at least one member of the public who does not

hold and has not held a certificate, and

(

d) may include one or more members who are teachers to whom

the Teaching Profession Act applies.

Complaint

Complaint

9(1) Any individual may make a complaint to the Registrar about the

professional competence or alleged unprofessional conduct of a

teacher.

(2) A complaint under subsection (1) must be in writing.

(3) If a superintendent or a principal has reason to believe that a

teacher has been or may have been convicted of an indictable offence

at a time when the teacher held a certificate or was eligible for the

re-issuance of a certificate, the superintendent or principal must make a

complaint under this

section relating to that belief.

(4) A complaint may be made

(

a) about the professional competence of a teacher 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 at any

time.

(5) If the Registrar receives a complaint that relates to the professional

competence or alleged unprofessional conduct of a teacher who is

subject to the Teaching Profession Act, the Registrar must refer the

complaint to the executive secretary of The Alberta Teachers'

Association to be dealt with in accordance with the Teaching

Profession Act.

Termination of contract treated as a complaint

10(1) If the employer of a teacher referred to in

section 1(1)(p)(

i) terminates the contract of employment of the teacher on grounds

related to the professional competence or alleged unprofessional

conduct of that teacher, the employer 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 employer is not considered to be a complainant for the

purposes of this Regulation.

(3) The Registrar must not take any action under

section 11 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.

Registrar's actions

11(1) Within 30 days after receiving a complaint, the Registrar shall

(

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

notice setting out the nature of the complaint,

(

b) notify the superintendent in writing of the nature of the

complaint, and

(

c) make any preliminary inquiries relating to the complaint that

the Registrar considers appropriate.

(2) Subject to subsection (3), within 30 days after making preliminary

inquiries, the Registrar shall

(

a) direct that no further action be taken, if the Registrar is of the

opinion that the matter is frivolous, vexatious or without

merit,

(

b) if the complaint is about the professional competence of a

teacher, direct that the complainant address the matter with

(

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

(ii) the principal, and

(iii) the superintendent,

(

c) if the complaint is about the alleged unprofessional conduct

of a teacher and the Registrar determines that the complaint

does not necessarily warrant an investigation, appoint a

member of the practice review general panel who is a teacher

to conduct a resolution process under

section 17 with respect

to the complaint and refer the complaint to the member, or

(

d) appoint an investigator and refer the complaint to an

investigator.

(3) Where the Registrar decides to appoint an investigator with respect

to a complaint relating to the professional competence of a teacher and

the Registrar is aware that the teacher's employer is investigating the

matter, the Registrar shall appoint an investigator within 30 days after

being advised that the investigation has been concluded.

(4) 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.

(5) The Registrar shall serve on the complainant and on the teacher

and send to the superintendent 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 appeal that decision under

section 15.

Registrar's authority in absence of complaint

12(1) In respect of a matter relating to the professional competence of

a teacher or the alleged unprofessional conduct of a teacher, the

Registrar may, in the absence of a complaint,

(

a) make any preliminary inquiries that the Registrar considers

appropriate about the matter, and

(

b) appoint an investigator to look into the matter and refer the

matter to the investigator.

(2) Where the Registrar decides to appoint an investigator with respect

to a matter relating to the professional competence of a teacher and the

Registrar is aware that the teacher's employer is investigating the

matter, the Registrar shall not appoint an investigator until after being

advised that the investigation has been concluded.

(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) If the Registrar appoints an investigator under subsection (1)(b),

the Registrar shall

(

a) serve on the teacher a notice setting out the nature of the

matter being investigated, and

(

b) notify the superintendent in writing of the nature of the

matter being investigated.

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

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

Regulation.

(6) In the case of a matter relating to the professional competence of a

teacher, any action taken under subsection (1) must be taken not later

than 2 years after the teacher ceases to engage in the practice of

teaching.

Investigation

13(1) Within 30 days after receiving a matter that has been referred

by the Registrar, the investigator shall commence an investigation of

the matter.

(2) An investigator may

(

a) request any person, including the teacher's employer or

former employer and the teacher or any other employee of

the teacher's employer or former employer, 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 that 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 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

14(1) On reviewing a report from an investigator, the Registrar shall,

subject to subsection (2), forthwith

(

a) decide not to take any further action, 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) a resolution process under

section 17, or

(

B) a hearing before a practice review hearing

committee,

(

b) if the matter relates to the alleged unprofessional conduct of a

teacher and the Registrar determines that the matter does not

necessarily warrant a hearing, decide to appoint a member of

the practice review general panel who is a teacher to conduct

a resolution process under

section 17 with respect to the

matter and to refer the matter to the member, or

(

c) decide to refer the matter to a practice review hearing

committee 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 refer the matter

to a practice review hearing committee.

(3) If a matter that the Registrar dealt with under

section 12 is referred

by the Registrar under subsection (1)(

b) or (c), the matter that is

referred constitutes a complaint, but the Registrar is not considered to

be a complainant for the purposes of this Regulation.

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

teacher and send to the superintendent a notice setting out

(

a) the decision of the Registrar,

(

b) the reasons for the decision, and

(

c) if the decision is not to take any further action, the

complainant's right to appeal that decision under

section 15.

(5) The Registrar shall send to the teacher a copy of the report

prepared by the investigator under

section 13.

Appeal of Registrar's decision

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

decision of the Registrar not to take any further action in respect of the

complaint, may by notice in writing to the Registrar appeal that

decision to a practice review complainant appeal committee.

(2) An appeal under subsection (1) must include reasons why the

complainant believes the matter should be referred to

(

a) a member of the practice review general panel under

section

14(1)(b), or

(

b) a practice review hearing committee under

section 14(1)(c).

(3) On receiving an appeal, the Registrar must notify the following

persons that an appeal has been received:

(

a) the teacher;

(

b) the superintendent;

(

c) the chair of the practice review complainant appeal

committee.

(4) At least 15 days before the date set for an appeal, the chair of the

practice review complainant appeal committee shall notify the

complainant, the teacher and the Registrar

(

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

(

b) of his or her right to make written and oral representations to

the practice review complainant appeal committee.

(5) The complainant, the teacher and the Registrar, at an appeal before

the practice review complainant appeal committee, may

(

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

and

(

b) at the request of the practice review complainant appeal

committee, provide clarification of any matter.

(6) If information is available to the practice review complainant

appeal committee that was not available to the investigator or the

Registrar, the practice review complainant appeal committee may, in

making its decision, consider the relevance of that information.

(7) Proceedings before the practice review complainant appeal

committee shall be held in private.

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

before it, the practice review complainant appeal 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

(

i) appoint an investigator and refer the complaint to the

investigator, or

(ii) continue the investigation;

(

c) if the complaint relates to the alleged unprofessional conduct

of a teacher, direct that a member of the practice review

general panel who is a teacher be appointed to conduct a

resolution process under

section 17 with respect to the

complaint and that the complaint be referred to the member;

(

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

hearing committee for a hearing.

(9) The chair of the practice review complainant appeal committee

shall serve on the complainant and send to the teacher, the Registrar

and the superintendent, if any, a notice of the practice review

complainant appeal committee's decision and the reasons for the

decision.

Registrar's decision on report respecting resolution process

16 On reviewing a report under

section 17(5) from a member of the

practice review general panel who conducted a resolution process, the

Registrar shall

(

a) decide not to take any further action, if the Registrar is of the

opinion that the matter has been effectively resolved through

the resolution process,

(

b) decide to appoint an investigator and to refer the matter to the

investigator, or

(

c) decide to refer the matter to a practice review hearing

committee for a hearing.

Resolution Process

Resolution process

17(1) Where a matter is referred to a member of the practice review

general panel to conduct a resolution process, the member shall

endeavour to

(

a) review the facts,

(

b) identify any concerns of students, the public or teachers

generally with respect to the matter,

(

c) assist in the resolution of the matter, and

(

d) provide advice to the teacher, if appropriate.

(2) The member of the practice review general panel who is appointed

to conduct a resolution process with respect to a matter may draw upon

the assistance of any other member of the panel in conducting the

resolution process.

(3) A resolution process conducted in respect of a matter shall be

conducted informally and in private.

(4) A resolution process and all statements disclosed during a

resolution process are without prejudice and confidential and may not

be disclosed to any person other than the Registrar or used in any other

proceedings without the consent of the parties.

(5) The member of the practice review general panel who conducts a

resolution process shall provide a report to the Registrar that includes

the member's opinion as to whether the teacher displayed a negative or

positive attitude, and whether the matter should be disposed of or an

investigation or hearing should be conducted.

(6) The Registrar shall provide a copy of the report under subsection

(5) to the teacher and the complainant for comment before making a

final decision pursuant to

section 16.

Hearing Before Practice Review

Hearing Committee

Notice of hearing before practice review hearing committee

18(1) On making a decision under

section 14(1)(

c) or 16(

c) or

receiving a direction under

section 15(8)(d), the Registrar shall

establish a practice review hearing committee and the practice review

hearing committee shall hold a hearing.

(2) The chair of the practice review hearing committee 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 hearing committee 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

19(1) The Registrar and the teacher may appear and be represented by

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

hearing committee.

(2) A hearing before a practice review hearing committee 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,

(

b) in the opinion of the practice review hearing committee, 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 hearing committee may grant adjournments of

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

a future meeting of the hearing committee.

(4) Evidence may be given before a practice review hearing

committee in any manner that the hearing committee considers

appropriate, and the hearing committee is not bound by the rules of law

respecting evidence applicable to judicial proceedings.

Compellable witness

20(1) Subject to subsection (3), the chair of the practice review

hearing committee, 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 hearing

committee, or

(

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

notes or records, to the practice review hearing committee.

(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 hearing committee 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 hearing committee and shall not be

excused from answering any question on the ground that the answer

might

(

a) incriminate the witness,

(

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

(

c) establish the witness's liability

(

i) to a civil proceeding at 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

21 The chair of a practice review hearing committee 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 hearing committee

in compliance with a notice to attend, or

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

produce them,

(

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

answer by the practice review hearing committee.

Proceedings in absence of teacher

22 The practice review hearing committee 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

23 The practice review hearing committee may find that a teacher is

unskilled or incompetent in teaching if, in the opinion of the practice

review hearing committee, the teacher does not meet the requirements

of the Teaching Quality Standard.

Unprofessional conduct

24(1) The practice review hearing committee

(

a) may find the conduct of a teacher to constitute unprofessional

conduct if, in the opinion of the practice review hearing

committee, that conduct is

(

i) detrimental to the best interests of students, the public

or teachers generally, or

(ii) does not meet the professional conduct requirements,

and

(

b) must find the conduct of a teacher to constitute

unprofessional conduct if that conduct is the basis for a

conviction for an indictable offence.

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

practice review hearing committee shall make a recommendation to the

Minister under

section 25(1)(

b) and has no authority to investigate the

conduct of the teacher on which the conviction is based except for the

purpose of making a recommendation to the Minister.

Recommendations of practice review hearing committee

25(1) If a practice review hearing committee

(

a) does not find that a teacher is unskilled or incompetent in

teaching or does not find that the conduct of a teacher

constitutes unprofessional conduct, the practice review

hearing committee may recommend that the Minister dismiss

the complaint, or

(

b) finds that a teacher is unskilled or incompetent in teaching or

that the conduct of a teacher constitutes unprofessional

conduct, the practice review hearing committee may

recommend that the Minister do one or more of the

following:

(

i) serve a letter of reprimand on the teacher who is the

subject of the complaint;

(ii) suspend the certificate of the teacher who is the subject

of the complaint, with or without conditions;

(iii) cancel the certificate of the teacher who is the subject of

the complaint or cancel the certificate and issue a

certificate of a different class, with or without

conditions;

(iv) order that the teacher who is the subject of the

complaint be ineligible for a certificate for a definite or

indefinite period of time, with or without conditions.

(2) If the decision of a practice review hearing committee

(

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

26(1) The practice review hearing committee shall, not more than 45

days after the conclusion of a hearing, make a written decision on the

matter.

(2) A written decision referred to in subsection (1) must include

(

a) each finding made by the practice review hearing committee,

(

b) the reasons for each finding, and

(

c) any recommendation of the practice review hearing

committee.

Duty to forward decision and record

27(1) The chair of the practice review hearing committee 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 that consists of all evidence presented at the

hearing, including all

(

i) exhibits,

(ii) documents, and

(iii) testimony given before the practice review hearing

committee, 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 hearing committee and hear any recording or examine

any mechanical or handwritten record of evidence given before the

practice review hearing committee.

(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

28(2), the chair of the practice review hearing committee shall

forthwith, on the expiry of that period, send a copy of the decision of

the practice review hearing committee to the Minister.

Appeal to Practice Review

Appeal Committee

Appeal

28(1) A teacher or the Registrar may appeal a finding or a

recommendation, or both, of a practice review hearing committee 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 hearing committee 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

29(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 practice review appeal 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 hearing committee and

the record of the proceedings before the practice review hearing

committee.

(3) Sections 19(3) to 22 apply to proceedings before the practice

review appeal committee.

Public hearing

30 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

31(1) Not more than 30 days after the conclusion of the proceedings

before it, the practice review appeal committee shall do one or more of

the following:

(

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

practice review hearing committee, or substitute a finding or

recommendation of its own;

(

b) refer the matter back to the practice review hearing

committee for further consideration, if the practice review

appeal committee is satisfied that new evidence is available;

(

c) refer the matter to another practice review hearing committee

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 all

(

i) exhibits,

(ii) documents, and

(iii) 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 the Minister

32(1) On receiving the decision of a practice review hearing

committee or a practice review appeal committee, the Minister may

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

the practice review hearing committee or practice review appeal

committee and hear any recording or examine any mechanical or

handwritten record of evidence given before the practice review

hearing committee or practice review appeal committee.

(2) On receipt of the decision of a practice review hearing committee

or a practice review appeal committee, the Minister may do one or

more of the following, whether or not that is the recommendation of

the practice review hearing committee or practice review appeal

committee:

(

a) dismiss the complaint;

(

b) serve a letter of reprimand on the teacher who is the subject

of the complaint;

(

c) suspend the certificate of the teacher who is the subject of the

complaint, with or without conditions;

(

d) cancel the certificate of the teacher who is the subject of the

complaint or cancel the certificate and issue a certificate of a

different class, with or without conditions;

(

e) order that the teacher who is the subject of the complaint be

ineligible for a certificate for a definite or indefinite period of

time, with or without conditions.

(3) A decision to take an action 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 who is the subject

of the complaint, and

(

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

superintendent and the complainant, if any.

(5) A decision under this

section is final.

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

appropriate to

(

a) implement a decision under this section, and

(

b) make public a decision under this section.

General

Service

33 When this Regulation requires that a document or notice be

served on an individual, the document or notice is sufficiently served if

it is

(

a) personally delivered to the individual,

(

b) 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 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) sent to the individual by electronic means that result in a

printed copy of the document or notice being received by the

individual.

Transitional

34(1) In this section, "former regulation" means the Practice Review

of Teachers Regulation (AR 4/99).

(2) Members of a complainant review committee established under the

former regulation who hold office immediately before the coming into

force of this Regulation are members of the practice review

complainant appeal committee until their terms of office expire or until

other members are appointed to replace them.

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

regulation who hold office immediately before the coming into force

of this Regulation are members of the practice review general panel

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

members are appointed to replace them.

(4) Members of a practice review appeal committee established under

the former regulation who hold office immediately before the coming

into force of this Regulation are members of the practice review appeal

committee established by this Regulation until their terms of office

expire or until other members are appointed to replace them.

(5) A complaint under the former regulation that is not disposed of

before the coming into force of this Regulation shall be continued

under and dealt with in accordance with this Regulation.

Repeal and Expiry

Repeal

35 The Practice Review of Teachers Regulation (AR 4/99) is

repealed.

Expiry

36 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 September 30, 2019.

Schedule

Professional Conduct Requirements for Teachers

The conduct of a teacher, both on and off duty, bears directly on the

community's perception of the ability of teachers to fulfill their unique

position of trust and influence. Society and the school community hold

teachers to a high standard of conduct. Teachers are expected to

conduct themselves with due regard to the honour, dignity, welfare,

rights and best interests of students, parents, colleagues, their employer

and the teaching profession.

These are minimum professional conduct requirements for teachers

who are not subject to the Teaching Profession Act. It is not an

exhaustive list of requirements.

A teacher who is not subject to the Teaching Profession Act and who is

alleged to have violated the standards of the profession, including these

requirements, may be subject to a complaint of alleged unprofessional

conduct under the Practice Review of Teachers Regulation.

1 In relation to students, the teacher is required

(

a) to teach in a manner in keeping with

(

i) the Teaching Quality Standard Applicable to the

Provision of Basic Education in Alberta Ministerial

Order (#016/97), as amended from time to time,

(ii) applicable legislation, and

(iii) the policies of Alberta Education,

(

b) to teach in a manner that respects the dignity and rights of all

persons and is considerate of their circumstances,

(

c) not to divulge information received about a student in

confidence or in the course of performing his or her

professional duties except

(

i) as required by law, or

(ii) where, in the teacher's judgment, it would be in the best

interests of the student to divulge the information,

and

(

d) not to

(

i) profit from

(

A) any learning activities of students in the school in

which the teacher is employed, or

(

B) the sale of goods or services to students in the

school in which the teacher is employed,

(ii) accept pay for tutoring students in the school in which

the teacher is employed.

2 In relation to parents of students, the teacher is required

(

a) to strive to establish a relationship of trust with parents,

(

b) to provide parents with candid evaluations of their child's

progress,

(

c) to treat information received from parents with discretion,

(

d) to be respectful in communications with and about parents,

and

(

e) not to discuss other students except where the matters being

discussed are relevant to their child and then only to the

extent that, in the teacher's judgment, is necessary.

3 In relation to colleagues, the teacher is required

(

a) not to undermine the confidence of students in other teachers,

including teachers to whom the Teaching Profession Act

applies,

(

b) not to criticize the professional competence or professional

reputation of another teacher, including a teacher to whom

the Teaching Profession Act applies, except

(

i) in confidence to appropriate officials and after

informing the other teacher of the criticism, or

(ii) in making a complaint about the unprofessional conduct

of a teacher under

section 9 of the Practice Review of

Teachers Regulation or

section 24 of the Teaching

Profession Act,

and

(

c) not to take any steps to secure the discipline or dismissal of

another teacher, including a teacher to whom the Teaching

Profession Act applies, where the motivation of the teacher in

taking the steps is the teacher's personal advantage or

animosity toward the other teacher.

4 In relation to the teacher's employer, the teacher is required

(

a) to respect the authority of the employer, the board and the

members of the school administration,

(

b) to express any concerns that the teacher has about the

employer, the board, the members of the school

administration or the operation of the school through

appropriate channels as outlined in applicable policies,

(

c) to protest through appropriate channels any administrative

policies or practices that the teacher cannot in good

conscience accept,

(

d) to express his or her opinions and bring forward suggestions

regarding the employer, the board, the members of the school

administration or the operation of the school through

appropriate channels and in an appropriate manner,

(

e) to foster and maintain open and honest communication with

the employer, the board and the members of the school

administration,

(

f) without limiting clauses (

b) to (d), to be supportive of the

employer, the board and members of the school

administration,

(

g) to fulfill the terms of his or her contract of employment, and

(

h) to bring it to the attention of members of the school

administration if the teacher is

(

i) assigned duties that the teacher is not qualified to carry

out, or

(ii) required to work in conditions that make it difficult for

the teacher to teach.

5 In relation to the teaching profession, the teacher is required

(

a) to conduct himself or herself in a manner that maintains the

honour and dignity of the profession, and

(

b) not to engage in activities that adversely affect the quality of

the teacher's professional service.

6 In relation to the school community as a whole, the teacher is

required

(

a) to conduct himself or herself in a manner that maintains the

good reputation of the school,

(

b) to be knowledgeable about and able to communicate

accurately the philosophy, mission and policies of the school,

and

(

c) to conduct himself or herself in a manner that is respectful of

the norms and values of the school community.

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

Alberta Regulation 12/2010

Historical Resources Act

DISPOSITIONS AMENDMENT REGULATION

Filed: February 24, 2010

For information only: Made by the Minister of Culture and Community Spirit

(M.O. 01/10 CCS) on February 22, 2010 pursuant to

section 35 of the Historical

Resources Act.

1 The Dispositions Regulation (AR 101/98) is amended by

this Regulation.

Section 13 is amended by striking out "March 1, 2010" and

substituting "February 28, 2011".