60 Notice
to employer
General Provisions
61 Delegation
to table officers
62 Document
of executive secretary
63 Protection
from liability
64 Service
of documents
65 Commissioner
for oaths
65.1 Regulations
Offences and Penalties
66 Penalties
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “association”
means The Alberta Teachers’ Association;
(b) “bylaws”
means the bylaws of the association;
(c) “Department”
means the Department administered by the Minister;
(d) “executive
council” means the Provincial Executive Council of the association;
(e) “executive
secretary” means the chief executive officer of the association or a person designated
by the chief executive officer;
(f) “member”
means a member in good standing of the association;
(g) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(h) “school
board” means a board as defined in the School
Act;
(i) “superintendent”
means a superintendent appointed by a school board pursuant to the School Act and the teacher, if any, who
is appointed by the school board to be the superintendent’s chief deputy;
(j) “teacher” means a person holding a permanent
or temporary certificate of qualification as a teacher issued by the Minister
under the School Act.
RSA 1980 cT‑3
s1;1994 cG‑8.5 s74;
1995 c24 s99(34);1995 c36 s2
The Alberta Teachers’ Association
Constitution of Alberta
Teachers’ Association
2 There is hereby constituted a
corporation with the name “The Alberta Teachers’ Association”.
RSA 1980 cT‑3 s2
Objects of association
3(1) The association may take any measure that is
not inconsistent with this Act or any Act or regulation of Alberta and that it
considers necessary in order to give effect to any policy adopted by it with
respect to any question or matter directly or indirectly affecting the teaching
profession.
(2) The association may acquire by gift, purchase
or otherwise, and may sell, mortgage, lease or otherwise dispose of real and
personal property, for the purpose of carrying into effect and of promoting the
objects and designs of the association.
RSA 1980 cT‑3 s3
Powers
4 The objects of the association are
(a) to
advance and promote the cause of education in Alberta;
(b) to
improve the teaching profession
(i) by promoting and supporting recruitment and selection practices
that ensure capable candidates for teacher education,
(ii) by promoting and supporting adequate programs of preservice
preparation, internship and certification,
(iii) by promoting the establishment of working conditions that will
make possible the best level of professional service,
(iv) by organizing and supporting groups that tend to improve the
knowledge and skill of teachers,
(v) by meetings, publications, research and other activities designed
to maintain and improve the competence of teachers,
(vi) by advising, assisting, protecting and disciplining members in
the discharge of their professional duties and relationships, and
(vii) by assessing the professional competence of its members by means
of a professional practice review process provided for under the bylaws of the
association;
(c) to
arouse and increase public interest in the importance of education and public
knowledge of the aims of education, financial support for education, and other
education matters;
(d) to co‑operate with other organizations
and bodies in Canada and elsewhere having the same or like aims and objects.
RSA 2000 cT‑2
s4;2004 c27 s2
Membership
Compulsory active membership
5(1) Subject
to this section, the employment of a teacher by a school board is conditional
on the teacher being and continuing to be an active member of the association
except in the following cases:
(a) a
teacher who is a superintendent;
(b) a
teacher who
(i) is engaged in carrying out central office administrative
functions for the school board,
(ii) is not engaged in carrying out teaching functions, and
(iii) is designated or otherwise described by or under the regulations
as a teacher who is eligible to make an election under section 5.1;
(c) a
teacher who
(i) is designated by the school board to an administrative,
supervisory or consultative position, and
(ii) under section 96(2) of the School Act, is excluded from
the teachers on whose behalf the association is bargaining.
(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
commencement 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 school board in writing that
the teacher is not an active member.
(3) When
a teacher who is employed by a school board, other than as a superintendent,
ceases to be an active member, the board may continue to employ the teacher
until the association notifies the board in writing that the teacher is not an
active member.
(4) Subsections
(2) and (3) do not apply to a teacher referred to in subsection (1)(b) or (c)
if that teacher is not an active member of the association.
RSA 2000 cT‑2
s5;2004 c27 s3
Options re membership of
certain teachers
5.1(1) A
teacher referred to in section 5(1)(b) or (c) may elect one of the following:
(a) to
be an active member of the association;
(b) to
be an associate member of the association;
(c) not
to be a member of the association.
(2) Where a teacher to whom this section
applies makes an election under subsection (1),
(a) the
association shall, except where directed or permitted by the Minister to do
otherwise, act in accordance with that election, and
(b) the election may not, unless otherwise
permitted by the Minister, be revoked or amended during the period of time that
the teacher remains employed in the circumstances referred to in section
5(1)(b) or (c) in respect of which the election is made.
2004 c27 s4
Classes of membership
6(1) The membership of the association is composed
of active, associate, life, honorary and student members.
(2) Only
teachers who are employed by school boards, other than as superintendents, may
be active members of the association.
(3) The association may grant associate, honorary,
life or student membership to any person who meets the conditions prescribed by
the bylaws.
RSA 1980 cT‑3 s6
Voting rights
7(1) Active members have the right to vote and,
subject to the bylaws, have the right to hold office in the association.
(2) Associate
members have the right to vote and, subject to the bylaws, have the right to
hold office in the association, but are not subject to the disciplinary
provisions contained in this Act or the bylaws.
(3) Life, honorary and student members do not have
the right to vote or to hold office in the association and are not subject to
the disciplinary provisions contained in this Act or the bylaws.
RSA 1980 cT‑3
s7;1995 c36 s3
Government of Association
Bylaws
8(1) The
association in general meeting may pass bylaws not inconsistent with this Act
or any Act or regulation of Alberta concerning
(a) the
election of the executive council and officers of the association;
(b) the
formation, government, management and dissolution of local associations;
(c) the
management of its property and affairs and its own internal organization and
administration;
(d) the
maintenance of the association and the fixing and collecting of annual and
other fees;
(e) the
time, place and conduct of the annual and other meetings of the association;
(f) a
code of professional conduct;
(g) discipline
proceedings, including the following:
(i) the appointment of members or acting members of the Professional
Conduct Committee, the Complainant Appeal Committee, the Professional Conduct
Appeal Committee and a hearing committee established under section 18;
(ii) setting a term of office for members of the Professional Conduct
Committee, the Complainant Appeal Committee and the Professional Conduct Appeal
Committee;
(iii) the designation of a chair and vice‑chair for a committee
referred to in subclause (i);
(iv) establishing the number of members that constitutes a quorum for
a committee referred to in subclause (i);
(v) setting fees and expenses payable to members of a committee
referred to in subclause (i) for attending to the business of the association;
(vi) respecting publication of an order made by a committee referred
to in subclause (i);
(vii) determining costs of an investigation, hearing or appeal for the
purpose of section 43(1)(a) or 54(2);
(viii) providing for the suspension or cancellation of a person’s
membership in the association for non‑payment of fees, dues or levies
that are payable to the association;
(ix) providing for the reinstatement of a person’s membership in the
association;
(g.1) the
competence of its members, including the assessment of the professional
competence of its members by means of a professional practice review process;
(h) all
other matters that are considered necessary or convenient for the management of
the association and the promotion of its welfare or the conduct of its
business.
(2) Without restricting the generality
of subsection (1)(g.1), a bylaw passed under subsection (1)(g.1) may
(a) provide
for and govern
(i) the establishment of a Professional Practice Review Hearing
Committee and procedures with respect to hearings before it;
(ii) the establishment of a Professional Practice Review Appeal
Committee and procedures with respect to appeals before it;
(iii) with respect to matters before a committee referred to in this
clause,
(A) the attendance before and the production of
material to the committee;
(B) the taking of evidence;
(C) the assessing of costs and other payments to
be made;
(D) the orders or decisions that may be made
concerning
(I) matters relating to the hearing or the
process;
(II) a teacher’s professional competence;
(III) membership in the association;
(E) the recommendations that may be made to the
Minister respecting a teacher’s certificate of qualification under the School
Act;
(F) any other matter not referred to in this
subclause that relates to a hearing or any other functions of the committee;
(b) adopt
in whole or in part, or with any modification, any regulation made under the School
Act that deals with those matters referred to in subsection (1)(g.1) or
clause (a);
(c) provide
for the functions or duties, or both, to be performed by the association in
matters concerning the competency of its members and the carrying out of a professional
practice review process.
(3) Notwithstanding subsection (1), the
executive council may make bylaws under subsection (1)(g.1) on behalf of the
association.
(4) A bylaw made under subsection
(1)(g.1) does not come into effect until it is approved by the Minister and
remains in effect only during the time that the approval is in effect.
(5) The approval of the Minister under
subsection (4) is revocable, and the approval or revocation may
(a) be
general;
(b) be
restricted, conditional or unconditional;
(c) be
applicable only to a specific period of time;
(d) be
applicable only to specific cases;
(e) be
subject to terms or conditions;
(f) provide for transitional matters concerning
the coming into effect of the bylaw or the revocation of the approval,
including the disposition of any matter that was being dealt with at the time
of the approval or revocation.
RSA 2000 cT‑2
s8;2004 c27 s5
Annual general meeting
9 The Association shall be
governed by an annual general meeting, which shall be held during Easter week
of each year or at any other time that the executive council considers
expedient.
RSA 1980 cT‑3 s9
Meeting composed of
officers, etc.
10 The annual general meeting
shall be composed of the officers, the executive council and, as provided by
the bylaws, the delegates from local associations.
RSA 1980 cT‑3 s10
Executive council
11(1) The business of the association shall be
transacted and carried on by the executive council.
(2) The executive council shall be composed of the
officers of the association and at least 7 other persons who shall be elected
by districts.
RSA 1980 cT‑3 s11
Fees
12 Every active, associate and
student member shall pay the fees fixed by bylaw.
RSA 1980 cT‑3 s12
Deduction of membership
fees
13 Every school board shall
deduct the membership fee to the association from the salary of every teacher
it employs, other than as a superintendent, and shall pay the membership fees
and furnish a list of teachers in its employ each month to the association.
RSA 1980 cT‑3 s13
Separate schools
14 Nothing in this Act shall be
deemed to interfere with the rights of separate schools as provided in the School Act.
RSA 1980 cT‑3 s14
Annual report
15(1) The executive council shall submit annually to
the Minister, in a form satisfactory to the Minister, a report on those matters
of the business and affairs of the association that the Minister requires.
(2) The Minister shall, on receipt of the annual
report, lay it before the Legislative Assembly if it is then sitting, and if it
is not then sitting, within 15 days after the commencement of the next sitting.
1995 c36 s5
Discipline
Definitions
16 In this section and sections 17 to 65,
(a) “Appeal
Committee” means the Professional Conduct Appeal Committee established under section
20;
(b) “complaint”
means a complaint made in writing about the conduct or alleged conduct of a
member or about a former member if section 24(4) applies, signed by the person
making it;
(c) “conduct”
includes an act or omission;
(d) “hearing
committee” means a hearing committee established in accordance with section 18;
(e) “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 proceeds by
indictment;
(f) “investigated
person” means
(i) a member, or
(ii) if section 24(4) applies, a former member
with respect to whose
conduct an investigation is conducted or a hearing is held under this Act;
(g) “investigator”
means the person appointed by the executive secretary to conduct a preliminary
investigation under this Act;
(h) “Registrar” means the Director of
Professional Development and Certification for the Department.
RSA 2000 cT‑2
s16;2003 c41 s4(32)
Professional Conduct
Committee established
17 There is hereby established the
Professional Conduct Committee composed of
(a) not
fewer than 17 members of the association who are appointed by the executive
council in accordance with the bylaws, and
(b) 3 members of the public who are not members
of the association and who are appointed
by the Lieutenant Governor in Council after the Minister has consulted with the
executive council.
1995 c36 s6
Hearing committees
18(1) The executive secretary may establish any
hearing committees the executive secretary considers necessary.
(2)
If a hearing committee is to deal with a complaint relating to a member who is
charged with an indictable offence, the hearing committee must be composed of
(a) not
fewer than 2 and not more than 4 members of the Professional Conduct Committee
appointed under section 17(a), and
(b) one
member of the Professional Conduct Committee appointed under section 17(b).
(3) A
hearing committee that is to deal with any other type of complaint must be
composed of not fewer than 3 and not more than 5 members of the Professional
Conduct Committee appointed under section 17(a).
(4) A
hearing committee referred to in subsection (3) may include one member of the
Professional Conduct Committee appointed under section 17(b) and in that event
one fewer member is to be appointed under subsection (3) to that committee.
(5) Each member of a hearing committee must be
appointed by the executive secretary in accordance with the bylaws.
1995 c36 s6
Complainant Appeal
Committee
19(1) There is hereby established the Complainant
Appeal Committee composed of
(a) not
fewer than 2 members of the association who are appointed by the executive
council in accordance with the bylaws, and
(b) one
member of the public who is not a member of the association and who is
appointed by the Lieutenant Governor in Council after the Minister has
consulted with the executive council.
(2) A person who is appointed as a member of the
Professional Conduct Committee is not eligible to be appointed as a member of
the Complainant Appeal Committee.
1995 c36 s6
Professional Conduct
Appeal Committee
20(1) There is hereby established the Professional
Conduct Appeal Committee composed of
(a) not
fewer than 3 and not more than 5 persons, the majority of whom are members of
the association, appointed by the executive council in accordance with the
bylaws, and
(b) one
member of the public who is not a member of the association and who is
appointed by the Lieutenant Governor in Council after the Minister has
consulted with the executive council.
(2) A person who is appointed as a member of the
Professional Conduct Committee is not eligible to be appointed as a member of
the Professional Conduct Appeal Committee.
1995 c36 s6
Public members
21(1) A member of the public appointed to the
Professional Conduct Committee, the Complainant Appeal Committee or the
Professional Conduct Appeal Committee continues to hold office after the expiry
of the member’s term until the member is reappointed or a successor is
appointed.
(2) The
Minister may pay to a member of the public appointed to a committee referred to
in subsection (1) travelling and living expenses incurred by that member for
attendance at a meeting of the committee away from the member’s usual place of
residence and fees in an amount prescribed by the Minister.
(3) The
Lieutenant Governor in Council may, after the Minister has consulted with the
executive council, revoke the appointment of a member of the public.
(4) The
powers, duties and operation of a committee referred to in subsection (1) are
not affected by
(a) the
fact that no member of the public is appointed as a member of the committee,
(b) the
revocation of the appointment of a member of the public, or
(c) the
resignation from the committee of a member of the public.
(5) Subject to the bylaws prescribing a quorum, the
failure of a member of the public appointed to a committee referred to in
subsection (1) to attend a meeting of
the committee does not affect or restrict the committee in exercising any
powers or performing any duties under this Act or the bylaws at that meeting.
1995 c36 s6
Continuation of term to
conclusion of a hearing
22 A member of the Professional
Conduct Committee, the Complainant Appeal Committee or the Professional Conduct
Appeal Committee whose term of office expires before the committee concludes
the hearing or review of a matter, as the case may be, shall continue to act as
a member of the committee until that matter is concluded, notwithstanding that
in the meantime another person has been appointed to fill that member’s
position on that committee.
1995 c36 s6
Unprofessional conduct
23(1) Any conduct of a member that, in the opinion of
a hearing committee,
(a) is
detrimental to the best interests of
(i) students as defined in the School
Act,
(ii) the public, or
(iii) the teaching profession,
(b) contravenes
sections 16 to 65 or a bylaw made under section 8(f) or (g), or
(c) harms
or tends to harm the standing of teachers generally,
whether or not that
conduct is disgraceful or dishonourable, may be found by a hearing committee to
constitute unprofessional conduct.
(2) If
a member has been convicted of an indictable offence,
(a) the
conduct of the member on which the conviction is based is deemed to constitute
unprofessional conduct, and
(b) the
member shall forthwith inform the association of the conviction.
(3) The
association shall not use sections 16 to 65 to discipline a member for conduct
that relates to
(a) collective
bargaining,
(b) the
administration of a collective agreement, or
(c) any
matter under the jurisdiction of the Labour Relations Board
or that arises under sections 96 to 104 or section 111(1)
of the School Act.
1995 c36 s6
Making a complaint
24(1) Any person may make a complaint to the
executive secretary and the complaint shall be dealt with in accordance with
this Act and the bylaws.
(2) A
superintendent who has reason to believe that a member has been or may have
been convicted of an indictable offence shall
(a) make
a complaint to the executive secretary relating to that belief, and
(b) advise
the Registrar of that belief.
(3) Notwithstanding
anything contained in the bylaws, a member who believes that another member is
guilty of conduct that contravenes sections 16 to 65 shall make a complaint
forthwith to the executive secretary relating to that conduct.
(4) If
after a person’s membership in the association lapses or has been suspended or
cancelled
(a) a
complaint is made about the former member, and
(b) the
complaint relates to conduct occurring before the lapse, suspension or
cancellation,
the complaint may be
dealt with under this Act as if the lapse, suspension or cancellation had not
occurred, if the complaint is made to the executive secretary within 5 years
after the date of the lapse, suspension or cancellation.
(5) In subsection (2), “superintendent” does not
include a teacher appointed by a school board as the chief deputy of the
superintendent.
1995 c36 s6
Referral to investigator
25 The executive secretary shall,
not later than 30 days after receiving a complaint, refer the complaint to an
investigator.
1995 c36 s6
Preliminary
investigation
26(1) An investigator shall, within 30 days after
receiving a complaint from the executive secretary, commence a preliminary
investigation of the complaint.
(2) An
investigator may require the investigated person or any other member to produce
any records in the investigated person’s or member’s possession or under the
investigated person’s or member’s control and may require the attendance of the
investigated person or any other member or an employer or employee of any of
them at the investigation.
(3) The
association may apply ex parte to the Court of Queen’s Bench for an order
(a) directing
any person referred to in subsection (2) to produce to an investigator any
records in the person’s possession or under the person’s control if it is shown
that the person failed to produce them when required by the investigator, or
(b) directing
any person to produce to an investigator any records that are or may be
relevant to a complaint being investigated.
(4) If
a member does not co‑operate with an investigator, the investigator may
make a complaint to the executive secretary, and the failure or refusal to co‑operate
may be found by a hearing committee to constitute unprofessional conduct.
(5) An
investigator may investigate any other matter relating to the conduct of the
investigated person that arises in the course of a preliminary investigation,
whether associated with the original complaint or investigation or not.
(6) If the member who is the subject of the
complaint is alleged to have been convicted of an indictable offence, the
investigator shall attempt to confirm whether the member has, in fact, been
convicted of an indictable offence and immediately on doing so shall prepare a
report to that effect.
1995 c36 s6
Investigator’s report considered
27(1)
