Part 3 — School Personnel
Division 1 — General
15. (1) A board may employ and is responsible for the management of those persons that the board considers necessary for the conduct of its operation.
(2) A board shall formulate policies for evaluating employees who are not covered by a collective agreement.
(3) Subject to subsections (4) and (5), a board shall not dismiss, suspend or otherwise discipline an employee covered by a collective agreement except for just and reasonable cause.
(4) A board may suspend from the performance of his or her duties an employee who is charged with an offence that the board considers renders the employee unsuitable to perform those duties.
(5) If the superintendent of schools is of the opinion that the welfare of the students is threatened by the presence of an employee, the superintendent may suspend the employee, with pay, from the performance of his or her duties.
(6) When the superintendent suspends an employee under subsection (5), the superintendent shall immediately notify the board.
(7) When the board is notified under subsection (6), it shall as soon as practicable confirm, vary or revoke the suspension and shall, where the board confirms and continues the suspension, determine if the continuation of the suspension shall be with or without pay.
Historical Note(s): 1989-61-15; 1994-21-16.
16. (1) If a board dismisses, suspends or otherwise disciplines a member of the college or a person holding a letter of permission to teach issued under section 25 (3) of the Teaching Profession Act, it shall without delay report the dismissal, suspension or other disciplinary action to the council of the college, giving reasons, and shall send a copy of the report to the member or the person, as the case may be.
(2) If a member of the college or a person holding a letter of permission to teach issued under section 25 (3) of the Teaching Profession Act resigns, the board shall without delay report the circumstances of the resignation to the council of the college where the board considers that it is in the public interest to do so and shall send a copy of the report to the member or the person, as the case may be.
Historical Note(s): 1992-51-6.
17. (1) A teacher's responsibilities include designing, supervising and assessing educational programs and providing instruction to individual students and groups of students.
(2) Teachers shall perform the duties set out in the regulations.
Historical Note(s): 1989-61-17.
18. (1) A board may employ persons other than teachers to assist teachers in carrying out their responsibilities and duties under this Act and the regulations.
(2) Persons employed under subsection (1) shall work under the general supervision of a teacher or administrative officer.
Historical Note(s): 1989-61-18.
19. (1) Subject to subsection (2), a board shall not employ a person as a teacher, administrative officer, superintendent of schools or assistant superintendent of schools unless that person
(a) is a member of the college and holds a certificate of qualification as a teacher, or
(b) holds a letter of permission to teach issued under section 25 (3) of the Teaching Profession Act.
(2) A board may employ a person who possesses qualifications approved by the board, but does not meet the requirements of subsection (1), if that person is
(a) employed for 20 or fewer consecutive teaching days and teaching a particular class or classes where no teacher holding a certificate of qualification is available, or
(b) instructing a general interest course that is not leading to school graduation.
Historical Note(s): 1989-61-19; 1990-38-2.
20. (1) A board may appoint a person as an administrative officer to perform the duties and have the powers set out in the regulations.
(2) An administrative officer is not an employee within the meaning of the Labour Relations Code.
(3) An administrative officer who is responsible for evaluating a teacher in a specialized assignment may consult with a resource person who has relevant specialized technical knowledge, and may use information obtained from the consultation in the evaluation.
Historical Note(s): 1989-61-20; 1992-82-165.
21. (1) When a board of a school district
(a) does not intend to renew the contract of an administrative officer in the school district, or
(b) intends to dismiss an administrative officer other than for cause,
the board shall offer the administrative officer a teaching position in the school district before the expiry of the contract or the effective date of the dismissal, as the case may be.
(2) Where a teacher is appointed as an administrative officer in a school district and is subsequently offered a teaching position in that school district he or she shall, for the purposes of seniority only, be deemed to have been a teacher in that school district both during the period that he or she was employed as an administrative officer and during the period that he or she was employed as a teacher in that school district.
Historical Note(s): 1989-61-21.
22. (1) A board shall appoint a superintendent of schools for the school district who shall, under the general direction of the board, have general supervision and direction over the educational staff employed by the board of that school district and shall be responsible for the general organization, administration, supervision and evaluation of all educational programs and for the operation of schools in that district and shall perform other duties set out in the regulations.
(2) A board may appoint one or more assistant superintendents of schools to perform those duties assigned by the superintendent of schools for that school district.
Historical Note(s): 1989-61-22.
23. (1) A board shall
(a) appoint a secretary treasurer of the board, and
(b) arrange for the bonding of the secretary treasurer in an amount the board considers adequate.
(2) The secretary treasurer of a board shall be its corporate financial officer and shall perform those duties set out in the regulations.
Historical Note(s): 1989-61-23.
24. A board shall promptly notify the minister of an appointment or the termination of an appointment of a superintendent of schools or secretary treasurer.
Historical Note(s): 1989-61-24.
25. Powers or duties assigned to a person by a board shall not abridge or impair the powers or duties assigned to the person by or under this Act.
Historical Note(s): 1989-61-25.
25.1 An administrative officer of a school or the superintendent of schools may suspend a student of the school if
(a) the rules made under section 103 (2) (c) by the board operating the school do not provide otherwise, and
(b) the suspension is carried out in accordance with those rules.
Historical Note(s): 1993-6-4.
Division 2 — Teachers' Collective Agreements and Association Agreements
26. (1) Notwithstanding any agreement to the contrary, the terms and conditions of a contract of employment between a board and a teacher shall be
(a) the provisions of this Act and the regulations,
(b) the terms and conditions, not inconsistent with this Act and the regulations, of a collective agreement under the Public Education Labour Relations Act, and
(c) the terms and conditions, not inconsistent with paragraphs (a) and (b), agreed between the board and the teacher,
and a provision of an agreement referred to in paragraph (b) excluding or purporting to exclude the provisions of this Act or the regulations is void.
(2) There shall not be included in a collective agreement any provision
(a) regulating the selection and appointment of teachers under this Act, the courses of study, the program of studies or the professional methods and techniques employed by a teacher,
(b) restricting or regulating the assignment by a board of teaching duties to administrative officers, or
(c) limiting a board's power to employ persons other than teachers to assist teachers in the carrying out of their responsibilities under this Act and the regulations.
(3) Subsection (2) does not prevent a collective agreement from containing a provision respecting hiring preferences for teachers who have previously been employed by the board.
Historical Note(s): 1989-61-26; 1993-65-17; 1994-21-17.
27. A teachers' union may, on matters in respect of which a board has been given power or discretion under this Act or the regulations, enter into a collective agreement containing provisions respecting
(a) the manner in which the power or the discretion may be exercised, and
(b) the consequences that flow from the exercise of the power or discretion,
but where this Act or the regulations contain express provisions respecting any matter referred to in paragraphs (a) and (b), those express provisions prevail over the collective agreement in the event of conflict.
Historical Note(s): 1989-61-27; 1993-65-18; 1994-21-18.
28. If there is a conflict between the Labour Relations Code or the application of the Labour Relations Code to teachers and this Act, this Act prevails, but nothing in this Act limits
(a) the right of the Provincial union, as defined in the Public Education Labour Relations Act, to declare or authorize a strike, or
(b) the right of the employers' association, as defined in the Public Education Labour Relations Act, to declare or authorize a lockout,
subject always to the provisions of the Labour Relations Code.
Historical Note(s): 1994-21-19.
29-38. [Divisions 3 and 4. Repealed 1994-21-20.]
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