Bill 76 (Legislature 14, Session 5)

L14 S5 1815

Alberta — Bills

No. 76 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 76 A Bill to amend The Teaching Profession Act HON. MR. AALBORG Printed by L. S. WALL, Printer to the Quren's Most Excellent Majesty, Edmonton, Alberta, 1963

Explanatory Note

Section 2 is amended to clarify the meaning of the tenns used in the Act. Clause (

f) presently reads: "(f) "sooretary" means secretary, secreta-ry-treasurer or the general secretary -Itl'easurer of the associa:tilon;".

Section 3 is amended to give the association the power to acquire real property.

BILL No. 76 of 1963

An Act to amend The Teaching Profession Act (Assented to 1 1963) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, ,enacts as follows: 1. The Teaching Profession Act, being

chapter 331 of the Revised Statutes, is hereby amended.

Section 2 is amended (

a) by adding the following clause immediately after clause (a): (a1) "by-l'aws" means the by-laws of the associa tion; (

b) by adding the following clause immediately after clause (c) : (c1) "executive secretary" means the chief ex ecutive officer of the association; (

c) by striking out clause <

f) and by substituting the following: (f) "school board" means the board of trustees of a s'chool district or a school dh71ision, the coun cil of a county or the council of a city or town operating under The Municipal and School Administration Act.

Section 3 is amended by adding the following sub section:

(3) The association may acquire by gift, purchase or otherwise, and mray sell, mortgage, lease or otherwise dis pose of real and personal property, for the purpose of carrying into effect and of promoting the objects and de signs of the association.

Section 4 is amended to clarify the objects of the a-ssoci3ltion. Clauses (b), (c), (

d) and (

e) of

section 4 presently read: "4. The obJects of the a.ssoda:tion shaJil be (

b) to rai,se the sta,tus of the teacbJing prDfession (

i) by initiating and promoting research in mert:ihods Df aroumng i-nterest in presentaltJj.'on Oof teacbJing the varuoussubjoots of the currdculum, and (ii) by estabUshling 'l'esearch libmI1ies and circulating libraries Oof hooks, treaJtLses and papers designed to as'sdS't i'he t.eacher in the class room, (0) tOo promote and adva;nce the interests of teacheI'ls and to secure conditiDns that wm mlake pos'sible ·tthe best pI1OfessiJonaJ service. (

d) to arouse and increase publ1c interest in educrutiona[ affatrs, and (

e) to CIO-op-erratewith other teachers' org-anizrutions in Oa:nada and n..1E"1r..,....l"\'''''''''''' n...,~ h ...... ...:YI;...,rvo +hr.. ~ .. n,....."...,. ro. ... ,;1,.". nl;~.E"I n,...,A 1"'1.;\.,.;iI"'u·vf.,1t"I "

Section 5 broadens the present prOVISIOn requiring a school board to hire only active members of the association as teachers.

Section 6 is revised to provide for 5 classes of membership and to expand the list of persons eligible to become associate members presently contained in seotion 7, and provides for honorary, life and student membership.

Section 7 contains new provisions de scribing the rights of the various kinds of members. The compo sition of the association presently described in

section 8 is described in

section 6 of this cliause.

Section 8 is repealed. Boot1onIS 5, 6, 7 and 8 presently read: "5.

(1) All pemsons carrying on the pI'lOfess,i:on of te3!cbJing in any Institution of the Prov:ince toot is suppomed .by provincIal or mUnicipall taxwtion amd thart: maintains a department fOol" giving instruotion in the courses Df study prescriobed fl{)lI" elementary, secondary, or technical SClhools under the jUI1isdicrtJion Df the Depamme-nt of Education, 81hall, a-s a condition of their emp[oyment or continued empllOyment, be members of the 8JSSocia.tiDn.

(2) NotwithSItJ8Jnding subsection (1), when a teacher entern upon any contm..ct of engagement wMJJ, the hoard Df trustees of any s'chool divi:sion in the ProV'ince, the te'acher shaJ.I give nOltice fiorthwith in writing tOo the secretary of the associart:ion of the drute Df hi,s prDpiOSed emip~oyment and the I'Iemunel'aJtion agreed upon, and in such case the board of trustees may emplioy the teacher until. the associartion nOitifies H in writing th3Jt the teacher is not a member. 6. The following p·ersDns are elig-ible for memibernhip in the associ- ation, (

a) membeI1S of the fMuLty of the Undve-l"sdty of Alb wta , (

b) teachers in any provinciall sohooI of teohIliOlogy, (

c) teachem in any schoiQ~ of agl'\Lculiture, (

d) teachem in any other educational institution of the Province, and (

e) unemployed tooclhers.

2 4. Secti'On 4 is amended by striking out clauses (b), (c), (

d) and (

e) and by substituting the following: (

b) to improve the teaching profession (

i) by promoting and supP'Orting recruitment and selection practices which ensure capable can didates for teacher education, (ii) by promoting and supporting adequate pro grams of preservice preparation, internship and certification, (iii) by promoting the establishment of working conditions that will make possible the best level 'Of pr'Ofessional service, (iv) by organizing and supP'Orting groups which tend to ir..t1.prove the knowledge and skill of teachers, (

v) by meetings, publications, research and other activities designed to maintain and improve the competence of teachers, and (vi) by advising, assisting, protecting and disciplin ing members in the discharge of their profes sional duties and relationships, (

c) to arouse and increase public interest in the imp'Ort ance 'Of education and pubHc knowledge of the aims of education, financial support for education, and other education matters, and (

d) to co-operate with other organizations and bodies in Canada and elsewhere having the same or like aims and objects. 5. Sections 5, 6, 7 and 8 are struck out and the following sections are substituted: 5.

(1) Subject to this

section the employment of a teacher by a school board, other than as a superintendent, is con ditional upon the teacher being and continuing to be an active memlber of the association.

(2) When a school board employs a teacher, other than as a superintendent, the board shall notify the association in writing of the name of the teacher, the date of commence ment of employment and the amount of salary to be paid, and notwithstanding subsection (1), the employment of the teacher by the school board is valid until the association notifies the s·chool board in writing that the teacher is not an active member.

(3) When a teacher wh'O is employed by a school board, other than as a superintendent, ceases to be an aotive mem ber~ the board may continue to employ the teacher until the association notifies the board in writing that the teacher . is not an active member. 6.

(1) The membership of the association is composed of active, associate, life, honorary and s,tudent members.

3 7.

(1) A member who Is nOit the hoJder OIf a valid, per:ma.nent certin~ ca.te of qurruUfioation rats a teacher from the Mindster and whio haJS had less than two yeaI1s' experience in rteaohl.ng s'hall be known as am a;ssodiate member and has the same rights, priV11'legelS and benefits and is subjeot to the same limLtartli<ons a.:nd restl'lioUonlS as Dther memibe1"8.

(2) Notwil1Jhstanding suhsecttdon (1), an russocia;te member lis not ~ble (

a) f,or elecHon as a member of tl;J.e executive CIOundil, or (

b) for ellection Otr appodn1ment as a member of any oommiltltee or hoard of the association dealing with discipline, training or ceil'~ tifioo;tion of teachers lOr dealing wtith courses Dr! Sltudy fQr SClhIoo18 Qperating und'er the jurilSdiotion of the Department. S. The ass'ocirution shall consist Qf a fed,el'rutiOin Df local asiSlOciaAkms and membel's at large.". G. Clause (

f) of

section 9 is amended to allow standards of pro fessional conduct and a discipline committee to be established by by-law. Matters of discipline and the expulsion and suspension of members are now contained in revised

section 16. See clause 10 of this Bill.

(2) Only teachers wh'O are empl'Oyed by schaal boards, 'Other than as superintendents, may be active members 'Of the ass'Ociati'On. (.3) The fallowing teachers are eligible t'O became as s'Ociate members by applying pers'Onally and by paying the prescribed fee: (

a) superintendents 'Of sch'O'Ols empl'Oyed by school b'Oards; (

b) teachers empl'Oyed by the Department; (

c) members 'Of the Faculty 'Of Educati'On 'Of the Univer sity 'Of A1berta and teachers engaged in teacher educati'On in any 'Of its affiliated c'Olleges within the Pr'Ovince; (

d) teachers in pr'OvinCJiaHy 'Operated schools 'Of tech nology, s~ch'Ools 'Of agriculture, schools for handi c'apped chHdren 'Or c'Orrespondence schools; (

e) teachers in private sch'O'Ols 'Or kindergartens; (

f) unempl'Oyed teachers; (

g) teachers pursuing further studies 'On a full-time basis; (

h) retired teachers.

(4) The ass'Ociati'On may grant life memberships t'O re tired teachers under such c'Onditi'Ons as may be prescribed by by-law.

(5) The executive c'Ouncil may c'Onfer h'On'Orary member ship in the a'Ssoeiati'On 'On any person.

(6) Students who are enrolled in full-time ooumes 'Of study ab'Ove high schaal level either leading t'O 'Or after first certificati'On as teachers in the Pr'Ovince may bec'Ome stud ent members 'Of the ass'Ociati'On under such c'Onditi'Ons as may be prescribed by by-law. 7.

(1) Active members have the right to v'Ote and t'O h'Old 'Office in the ass'Ociati'On and are subject t'O the pr'Ovisi'Ons 'Of this Act and the by-laws.

(2) Ass'Ociate members have the right t'O v'Ote and t'O h'Old 'Office in the ass'Ociati'On but are nat subject t'O the disciplin ary pr'Ovisi'Ons c'Ontained in this Act 'Or the by-laws.

(3) Life, h'On'Orary and student members d'O nat have the right t'O v'Ote 'Or t'O h'Old 'Office in the ass'Ociati'On and are nat subject t'O the disciplinary pr'Ovisi'Ons c'Ontained in this Act 'Or the by-laws. 6. Secti'On 9 is amended by striking 'Out clause (

I) and by sUbstituting the f'Oll'Owing: (

f) standards 'Of pr'Ofessi'Onal can duct, a code 'Of ethics and the establishment 'Of a dis.cipline c'Ommittee and the discipline 'Of members far breaches 'Of such standards, and

Section 12 presently reads: "12. The fe,es of membel"S shaill be those fe-es fixed from time to Hme by the by-laws.".

Section 13 presently re.ads: "13. (1) '.rhe trustees of any schiool dilS'triot or school dJiVli<sdion in the ProV'ince sl]a.U rEl'tain from the salary of ea.c:h and every teacher the amount of membership dues fixed and prescribed by the by-laws of the asSlOCiaJUon.

(2) AN moneys so retadned (

a) shall be deemed to be a payment on aooount of the salaries of the teachers fl10m whom the sum has been retained, and (

b) shaJ,l be deemed to be a payment on accoum of memibership dues by the teachers from whom th·e sum has been retained.

(3) At the end of each schoo[ teiI"m the Depa.I'lt.ment shall. (

a) reta:in from the grants payable under The SchOOl Grant'l!l Aot to a school dilSltirliCIt or schJOol divis~on in aid of sohoolls organized and conducted under the provisions of The Scihool ACit, an amount equal to tl}e amount retained under subsection (1) by the school district or school division from the saJary of the teacher, and (

b) recedve and pay over to the aSSIOCiamon on accouIlJt of member SIMp dues of the teachers from wh:om the moneys were origdna.Giy retained, the moneys so retained.

(4) All moneys retaJned under subsection (3) and paJ.d over sihaJll be deemed to have be-an paid over to and received by the school district or scl}.ool division on account of the aforesaJd grants.

(5) Notwlithstanding subseoUon (3), a s'chool distriot or school d!ivis!ion may, with the consent of the Minister obtain.oo by request in wrlitling of the secretary, pay to the associaitdon direotly the fees of memibers employed by them.".

Section 16 is revised to provide for disciplinary investigations and hearings by the discipline committee.

Section 17 is revised to prescribe for notice of hearings and to allow for a heaTing in the absence of an accused member who has been notified of the hearing.

Section 18 is revised to prescribe the conduct of a he.aring.

Section 19 of the Bill empowers the executive council to impose penalties on members found guilty of unprofessional or unethical conduct at a hearing. Sections 20,21 and 2.2 of the BiU correspond to sections 16, 17 and 18 of the Act. Sections 16, 17 and 18 presently read: "16.

(1) Th-are shaM be const~tU'ted a board to be known as the TOOiChing Profession Appeal Board, whioh slJaM consist of three mem bers, one of wlhom shaH be appoiIlJted by the executive council and the .others by the LieUJtenant Governor in Oouncil.

(2) The Teaching Profession Appeal Board (

a) shaH ap'poinrt a chainnan amd SeCT&tary, and (

b) shaJU serve as a board .of appeal in case of suspensdion or expulsion or other diSciplining of members of the association and inv,eSltigaJte on tl).e order of the Minister <!aises involving suspension or cancellation of teachers' certificates. 11. When any teacher is suspended or expelled from membership tn the association, or is otherwise discipliined by the eXleCutive council, t'he teacher is entitled to appeaJ. to the TeachiLng Profes'sion Appeal Boar,d and, if the Board confirms the decLs~on of the executive council, the association may advise the Minister to suspend or oancell the certifica>te .of the teacher. .

Section 12 is struck out and the following

section is substituted: 12. Every active, associate and student member shall pay such fees as may be fixed by by-law.

Section 13 is struck out and the following

section is substi tuted : 13. Every school board shall deduct the membership fee to the association from the salary of every teacher it em ploys other than as a superintendent and shall pay the membership fees and furnish a list of teachers in its employ each month to the as's'ociation. 9. Sections 16 to 18 are struck out and the following sections are substituted: 16.

(1) An investigation may be made with respect to the professional or ethical conduct of any active member but no disciplinary action shall be taken against a mem'her unless a hearing has been held by the discipline committee.

(2) Where it appears that a former member has been guilty of unprofessional or unethical conduct while he was an active member, disciplinary proceedings may be in stituted against him at any time within ninety days from the date he ceased to be an active member, in the same man ner as if he were still an active member. 17.

(1) An accused person shall be given at least ten days' notice in writing of the m'a,tter to be heard and of the time and place of the hearing by the discipline committee.

(2) A person is deemed to have been given notice under this

section if it is delivered to him personally or if it is posted in a prepaid registered envelope addressed to his place of residence as shown in the records of the association.

(3) The discipline committee may hold the hearing in the absence of the accused person if notke of the hearing has been given in the manner and in the time prescribed by this section.

5 18. A person who contravenes any prow1sion of this Act OT' any of the by-l:aws made he,reunder is guilty of an offence rund liable on

summary conV'kltilon to a fine of not more tha n twenty-five dolla.rs.".

5 18.

(1) In every hearing the discipline committee shall (

a) allQw the accused perSQn to. be represented by coun sel, (

b) hear all evidence in supPQrt and in defence Qf the complaint, (

c) decide the guilt Qr innQcence Qf the person, and (

d) report its decisiQn to. the executive cQuncil and recQmmend a penalty it thinks suitable, if any.

(2) All evidence given by witnesses at a hearing shall be given under Qath which shall be administered by the person presiding at the hearing. 19.

(1) When the executive cQuncil receives a decision frQm the discipline committee that a perSQn has been fQund guilty of unprofessiQnal o.r unethical cQnduct the executive cQuncil may (

a) expel the person frQm the assQciatiQn, (b) ,suspend the person from the association for any period Qf time it cQnsiders prQper, (

c) discipline the perSQn in any Qther way it considers proper, and (

d) recQmmend that the Minister suspend Qr cancel the person's teaching certificate.

(2) The executive counci'! shall notify the ac'cused person o.f the comlmittee's decisiQn and any penalty imposed by the council in the same way that nQ'tices Qf hear[ngs are given to. member.s. (3) An accused perSQn is deemed to. have been given no.tice of a decisiQn Qf the discipline committee and Qf a penalty impo.sed by the executive cQuncil if the nQtice is de livered to. him o.r PQsted in the same way as nQtices of hear ings.

(4) In additiQn to. any Qther penalty it might impose, the executive co.uncil may require an accused member to pay a sum of mQney calculated by the council as the CQsts Qf the hearing and the CQsts may be recQvered as a debt Qwing to. the association. 20.

(1) There shall be a board to. be knQwn as the Teach ing Profession Appeal Board which shaH be compQsed of tJhree members, Qne Qf whQm sihaJll be appointed by the execut1ve council and the Qther two. by the Lieutenant GQV ernQr in Council, each to. hold office until his successor is appo~nted.

(2) One Qf the members appointed by the Lieutenant GQvernQr in CQuncil shall be a judge of the district CQurt Qf Al1berta who. shall be the chairman.

(3) The registrar of the Department shall be the secre tary of the Board.

(4) The Lieutenant GQvernor in CQuncil may fix the re muneration Qf the members Qf the BQard.

6 10. Commencement of Act.

6 21. (1) a person who is found guilty of unprofessional or unethical conduct may appeal to the Teaching Profession Appeal Board within fifteen days from the date he is given notice of such finding.

(2) Every appeal shall be commenced by delivering a written notice of appeal to the registrar of the Department.

(3) The regnstrar of the Department shall notify the M'inister, the executive council and the person of the time and place of the hearing of the appeal. ( 4) An parties to the appeal may appear in person or by counsel.

(5) Upon hearing the appeal the Board shall review the evidence adduced before the disciplinary committee and the :flindings 'and report of the discipline committee and the executive council and may (

a) affirm or reverse the decision of the discipline committee, or (

b) if the decision is affirmed, confirm or vary any penalty imposed by the executive council.

(6) The decision of the Board shall be determined by the majority of its members and is final and binding on all parties.

(7) The decision of the Board shall be conveyed in writ ing to all parties to the appeal. 22. A person who contravenes this Act or any of the by-laws made hereunder is guilty of an offence and liable on

summary conviction to a fine of not more than twenty five dollars. 10. This Act comes into force on the day upon which it is assented to.

No. 76 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to amend The Teaching Profession Act Recei ved and read the First time ......... .. Second time Third time ...................................... . HON. MR. AALBORG Title: 1963 (14th, 5th) Bill 76,

An Act to amend The Teaching Profession Act

Document details

Collection	Alberta — Bills
Citation	L14 S5 1815
Type	bill
Volume / chapter	L14 S5 1815
Language	en
Format	json
Source	PROVINCIAL
Identifier	a92104c07d84474b0c0fbded1efb7357faf56a8e

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