Definitions
In this Act:
authorized person means
a certificate holder, or
a person who holds a letter of permission issued under section 35 [issuance of letter of permission];
board means the Disciplinary and Professional Conduct Board established under section 26 [disciplinary and professional conduct board];
board of education means a board of education or a francophone education authority as defined in section 1 [definitions and interpretation] of the School Act;
certificate holder means a person who holds a certificate of qualification or an independent school teaching certificate;
certificate of qualification means a certificate of qualification issued under this Act by the director of certification;
certification appeal means an appeal filed under section 32 (8) [reconsideration and appeal];
citation means a citation issued by the commissioner under section 56 [citation];
commissioner means the commissioner appointed under section 2 (1) [appointment of commissioner] or designated under section 2 (5);
coordination agreement means the agreement described in section 80.1 [coordination agreement with First Nations Education Authority];
council means the British Columbia Teachers' Council established under section 9 [British Columbia Teachers' Council];
director of certification means the director of certification appointed under section 6 [appointment of director of certification];
First Nations Education Authority has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
FNEA certified teacher means a person who holds an FNEA teaching certificate;
FNEA teaching certificate means a teaching certificate issued by the First Nations Education Authority;
independent school means an independent school as defined in section 1 [definitions] of the Independent School Act;
independent school authority means that operates or intends to operate an independent school;
a society as defined in section 1 [definitions] of the Societies Act,
a company as defined in section 1 (1) [definitions] of the Business Corporations Act,
a corporation incorporated under a private Act, or
a person designated, by regulation, as an independent school authority
independent school teaching certificate means an independent school teaching certificate issued under this Act by the director of certification;
independent school teaching certificate standards means the independent school teaching certificate standards as defined in section 1 of the Independent School Act;
independent school teaching certificate standards committee means the independent school teaching certificate standards committee constituted under the Independent School Act;
inspector of independent schools means the inspector of independent schools appointed under the Independent School Act;
letter of permission means a letter of permission issued under this Act by the director of certification authorizing a person to teach without being a certificate holder;
panel means a panel established under section 57 [establishment of panels for disciplinary and professional conduct inquiries] or 73 [establishment of panels for certification appeals];
participating First Nation has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
practising teacher means a certificate holder who has carried out one or more of the following duties in the preceding 2 years in the course of the certificate holder's employment:
design, supervision and assessment of educational programs;
instruction, assessment and evaluation of individual students and of groups of students;
public school means a school or a francophone school as defined in section 1 of the School Act;
register of certificate holders means the register of certificate holders kept under this Act by the director of certification;
student means
a student as defined in section 1 of the School Act,
a student as defined in section 1 of the Independent School Act,
a child registered under section 13 [registration] of the School Act,
a child engaged in a program of studies at an educational institution operated by
a first nation, as defined in section 1 of the School Act, or
a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), or
a child participating in a kindergarten to grade 12 program of studies provided by a treaty first nation under its own laws;
zone means a zone established by regulation by the minister under section 19 [zones].
Commissioner and Director of Certification
On the recommendation of the minister, the Lieutenant Governor in Council may appoint, under the Public Service Act, a commissioner.
The term of office of the commissioner is up to 5 years and a commissioner may be reappointed.
The minister may make a recommendation under subsection (1) without consulting with the council with respect to the initial commissioner appointed after this section comes into force.
If the office of the commissioner is vacant or the commissioner is temporarily absent because of illness or another reason, the minister may designate, without consulting with the council, an acting commissioner to exercise the powers and perform the duties of the commissioner until whichever of the following is the case and occurs first:
a person is appointed under subsection (1);
the commissioner returns to office after the temporary absence.
The commissioner has the powers conferred and the duties imposed on the commissioner by this Act and the regulations.
Subject to subsection (2) and the regulations, the commissioner may delegate to one or more employees of the ministry the commissioner's powers or duties under this Act.
The delegation of the powers or duties of the commissioner must be in writing and may include any terms or conditions the commissioner considers advisable.
The commissioner may provide recommendations to
the council in respect of the certification standards, and
the independent school teaching certificate standards committee in respect of the independent school teaching certificate standards.
The commissioner must annually report to the minister, by a date specified by the minister, on the following:
the activities of the commissioner;
the activities of panels;
other matters
on which the commissioner considers the commissioner should report, or
that the minister has directed be included in the annual report.
When providing the annual report to the minister under subsection (1), the commissioner must also provide a copy of the annual report to the chair of the council and to the board members.
The minister, within 45 days of receiving a report under subsection (1), must make public the report.
There is to be appointed, under the Public Service Act, a director of certification.
The director of certification has the powers conferred and the duties imposed on the director of certification by this Act and the regulations.
Subject to subsection (2) and the regulations, the director of certification may delegate to one or more employees of the ministry any of the director's powers or duties under this Act.
The delegation of the powers or duties of the director of certification must be in writing and may include any terms or conditions the director of certification considers advisable.
The staff of the commissioner and of the director of certification are employees of the ministry.
British Columbia Teachers' Council and Disciplinary and Professional Conduct Board
British Columbia Teachers' Council
The British Columbia Teachers' Council is established, consisting of the following persons:
4 certificate holders, nominated by the British Columbia Teachers' Federation in accordance with the regulations, who are appointed by the minister;
one person appointed by the First Nations Education Authority in accordance with the regulations;
5 persons elected in the zones in accordance with Division 2 [Elections of Council Members] of this Part;
subject to subsection (6), 7 persons appointed by the minister in accordance with the regulations;
one person appointed by the minister.
In making the initial appointments after this section comes into force, the minister must appoint,
under subsection (1) (a), one council member for a term of one year, one council member for a term of 2 years and one council member for a term of 3 years, and
under subsection (1) (c), 2 council members for a term of one year, 3 council members for a term of 2 years and 2 council members for a term of 3 years.
The minister or the First Nations Education Authority, as applicable, may appoint a council member to a term of office other than 3 years but no more than 5 years if the council member is appointed to fill a vacancy.
If the British Columbia Teachers' Federation fails to nominate one or more persons under subsection (1) (a), the minister may appoint, as required, the number of persons not nominated who are certificate holders.
In making an appointment under subsection (1) (c), the minister must
consult with prescribed persons or prescribed organizations, in accordance with the regulations, before making the appointments, and
appoint at least one person with substantial knowledge of and experience in the independent school system.
The person appointed by the minister under subsection (1) (d)
is a non-voting council member, and
must report to the minister on the activities of the council.
Subject to section 14 [ratification of council rules, standards and decisions], the council may make rules governing its practices and procedures, including the conduct of council meetings.
A majority of council members must elect a chair from among the council members, and may elect a new chair from among the council members at any time.
The minister may provide for remuneration of council members and for payment of expenses to council members.
The objects of the council are as follows:
to establish standards for the education of applicants for certificates of qualification;
to establish standards for the conduct and competence of applicants for certificates of qualification and certificate holders.
In carrying out its objects, the council must exercise its powers and perform its duties under this Act in the public interest.
A council member must act
in good faith, and
in a manner that puts the public interest ahead of the interest of any organization with which the council member may be affiliated.
A council member must not act on behalf of an authorized person in respect of a complaint, a report, an investigation, a consent resolution process or a hearing under Part 6 [Disciplinary and Professional Conduct Inquiries and Certification Appeals] or on behalf of an appellant in respect of a certification appeal under Part 6.
Before taking office, a person appointed or elected to the council, other than the person appointed under section 9 (1) (d), must take and sign, by oath or solemn affirmation, a prescribed oath of office within the following applicable time limit:
in the case of a person elected by acclamation, within 45 days after the date set for voting day had an election by voting been required in respect of this person;
in the case of a person elected by voting, within 45 days after the declaration of the results of the election;
in the case of a person appointed to office, within 45 days after the effective date of the appointment.
A person must take the oath before a justice of the peace, the secretary treasurer of a board of education or the director of certification and must obtain the completed oath or a certificate of it from the person before whom the oath was taken.
A person appointed or elected to the council must present the completed oath required by subsection (1) or a certificate of it to the director of certification within the applicable time limit under subsection (1) (a), (b) or (c) and before the person takes office on the council.
If a person appointed or elected to the council does not take and sign the oath required by subsection (1) or does not comply with subsection (3) within the time limits set by those subsections, the office to which that person was appointed or elected is vacant and the minister may appoint a person to fill the vacancy.
After reasonable notice to a council member, the council, by resolution passed by the vote of at least 2/3 of the other council members voting on the resolution, may remove from council a council member elected under section 9 (1) (b) if the council is satisfied that the person has contravened a term of the oath required by subsection (1) of this section.
a council member,
a board member, if appointed as a board member under section 26 [disciplinary and professional conduct board], and
a panel member, if sitting on a panel,
a council member,
a board member, if appointed as a board member under section 26, and
a panel member, if sitting on a panel,
a council member,
a board member, if appointed as a board member under section 26, and
a panel member, if sitting on a panel,
The council must hold a meeting at least once in each year.
Council meetings must be open to the public.
Despite subsection (2) of this section and subject to the regulations, the council may direct that the public is excluded from all or part of a council meeting, but the council member appointed under section 9 (1) (d) [British Columbia Teachers' Council] may report to the minister on all council meetings.
The council has the following powers and duties:
to establish teacher education program approval standards for determining if the teacher education program of any faculty of teacher education or school of teacher education satisfies the academic standards for a graduate of that program to be issued a certificate of qualification;
to determine if a teacher education program meets the teacher education program approval standards;
to cooperate with a faculty of teacher education or school of teacher education in the design and evaluation of teacher education programs;
to establish the standards that a person must meet in order to be issued and to maintain a certificate of qualification, including
standards with respect to the training and qualifications of applicants for a certificate of qualification and persons holding a certificate of qualification, including, but not limited to, professional, academic and specialist standards,
competence standards, and
conduct standards;
to classify certificates of qualification into one or more types, including requiring that different certification standards be met for different types of certificates of qualification;
The chair of the council must submit to the minister a copy of within 10 days after the rule or decision was made or the standard was established.
each rule, made by the council under section 9 (8) [British Columbia Teachers' Council], governing its practices and procedures,
each standard established under section 13 (a) or (d), and
each decision, made under section 13 (e), in respect of classifying certificates of qualification,
The minister may disallow a rule, standard or decision within 60 days after its submission under subsection (1).
In this section:
NWPTA means the New West Partnership Trade Agreement entered into by the governments of British Columbia, Alberta and Saskatchewan on April 30, 2010 and includes amendments to the agreement;
TILMA means the Trade, Investment and Labour Mobility Agreement entered into by the governments of British Columbia and Alberta on April 28, 2006 and includes amendments to the agreement.
The minister, in respect of a standard established under section 13 (d) and submitted to the minister under section 14 (1) (b), may request the council to amend the standard submitted to the minister or to establish a new standard if the minister considers this is necessary or advisable to ensure that the certification standards comply with the NWPTA and TILMA.
If the council does not comply with a request under subsection (2) within 60 days after the date of the request, the minister, by order, despite anything in this Act, may amend the standard or establish a new standard in accordance with that request.
An amended standard or a newly established standard under subsection (3) becomes effective on the date of the minister's order or on a date specified in the minister's order.
The council must annually report to the minister, by a date specified by the minister, on the activities of the council during the year and on other matters
on which the council considers it should report, or
that the minister has directed be included in the annual report.
The minister, within 45 days of receiving a report under subsection (1), must make public the report.
The council must report to the minister, by a date specified by the minister, on any matter related to the objects, powers and duties of the council as directed by the minister.
The minister, within 45 days of receiving a report under subsection (1), must make public the report.
Elections of Council Members
The minister must administer the election of council members in accordance with this Division and the regulations.
The minister, by regulation, must establish 5 zones in British Columbia.
One certificate holder must be elected in each zone.
A certificate holder is not eligible to be a candidate for election to the council in a zone unless
the certificate holder is a practising teacher,
the certificate holder's principal residence is in that zone,
the certificate holder, if elected, would be an elected member of the council for less than 7 years at the end of the term of office for which the election is being held,
the certificate holder's nomination in writing is proposed by 10 certificate holders who have their principal residence in that zone, and
written consent of the certificate holder for the nomination has been filed with the minister by the prescribed date of the year in which the election is to take place.
If in a zone there is only a single candidate nominated, the minister must declare that the candidate is elected as the council member in the zone.
The minister, by regulation, must set the date of the first election after this section comes into force.
The minister must hold an election on a prescribed date in every third year after the date set under subsection (1).
At an election of a certificate holder in a zone, the vote must be by secret ballot of the certificate holders who have their principal residence in the zone.
If an elected council member ceases to hold office before the member has served 30 months of the member's term, the minister must promptly hold an election to choose a successor.
This Division and the regulations apply to an election held under subsection (1) of this section.
If an elected council member ceases to hold office after the member has served 30 months or more of the member's term, the minister may appoint an eligible certificate holder in the same zone to fill the vacancy.
If an elected council member ceases to be a certificate holder, the council member ceases to hold office, and section 23 applies.
In the case of failure at an election to elect in any zone the required council member, the minister may appoint in the same zone a certificate holder to be a council member.
A council member appointed under subsection (1) holds office as though the council member had been elected at an election.
Disciplinary and Professional Conduct Board
The Disciplinary and Professional Conduct Board is established, consisting of 9 council members appointed by the minister in accordance with this section.
The minister must make the appointments under subsection (1) as follows:
4 of the 9 board members must be council members appointed under section 9 (1) (a) [British Columbia Teachers' Council] or elected under section 9 (1) (b);
5 of the 9 board members must be council members appointed under section 9 (1) (c).
In making appointments under subsection (1), the minister must appoint at least one person with substantial knowledge of and experience in the independent school system.
If a board member ceases to be a council member, the board member ceases to hold office as a board member.
If a board member resigns or the board member's appointment expires, the commissioner may authorize the person to continue to exercise powers as a panel member, if selected to sit on a panel before the end of the board member's term.
An authorization under subsection (1) continues until a final decision is made in the hearing in which the person is participating or until the commissioner revokes the authorization.
The minister may terminate the appointment of a board member for cause.
A board member whose appointment is terminated under subsection (1) ceases to be a council member and to be a panel member if sitting on a panel.
A panel member must faithfully, honestly and impartially perform the duties of a panel member and, except in the proper performance of those duties, must not disclose to any person any information obtained as a panel member.
A panel member must participate in training or education programs as directed by the commissioner.
A panel member must act
in good faith, and
in a manner that puts the public interest ahead of the interest of any organization with which the panel member may be affiliated.
The minister may provide for remuneration of panel members and for payment of expenses to panel members.
Certification and Letters of Permission
Certification
applies in writing in the form required by the director of certification,
pays the prescribed fees, and
satisfies the director of certification of the following requirements:
the person meets
the certification standards in respect of a certificate of qualification, or
the independent school teaching certificate standards in respect of an independent school teaching certificate;
the person is of good moral character and is otherwise fit and proper to be issued a certificate of qualification or an independent school teaching certificate.
The director of certification must consult with the inspector of independent schools before issuing an independent school teaching certificate to an applicant under subsection (1).
The director of certification must not issue a certificate of qualification or an independent school teaching certificate to a person
if
the person fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act, or
the deputy registrar under that Act has determined the person presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act, or
who has not paid costs ordered under section 65 [power to award costs].
The director of certification may impose a limitation or condition on a certificate of qualification or an independent school teaching certificate
in accordance with the certification standards,
if a panel orders the director of certification to impose the limitation or condition, or
if the limitation or condition is a term of a consent resolution agreement under section 53 [consent resolution agreement].
The director must give the applicant written reasons for a decision
to deny an applicant a certificate of qualification or an independent school teaching certificate,
to issue a type of certificate of qualification or independent school teaching certificate other than the type for which the applicant applied, or
to impose a limitation or condition on a certificate of qualification or independent school teaching certificate under subsection (4) (a).
If the director of certification receives information relating to the conduct of a certificate holder that occurred prior to the issuance of a certificate of qualification or an independent school teaching certificate to the certificate holder the director may review the information and rescind the certificate holder's certificate of qualification or independent school teaching certificate if the director determines that the certificate holder did not meet the requirements in section 30 when the certificate of qualification or independent school teaching certificate was issued to the certificate holder.
that was not disclosed to the director of certification, or not before the director of certification for any other reason, prior to the director issuing the certificate of qualification or independent school teaching certificate, and
that the director considers could have affected the decision to issue that certificate of qualification or independent school teaching certificate,
Before deciding to rescind a certificate of qualification or an independent school teaching certificate under subsection (1), the director of certification must notify the certificate holder of the director's intention and the certificate holder
may provide written submissions, and
must provide any submissions under paragraph (a) within 30 days of the director's notification.
The director of certification may rescind the certificate holder's certificate of qualification or independent school teaching certificate after considering any submissions provided by the certificate holder under subsection (2).
If the director of certification rescinds a certificate of qualification or an independent school teaching certificate under subsection (1), the director of certification
must provide written reasons to the certificate holder,
notify each board of education and independent school authority of the rescission, and
record the fact of the rescission in the register of certificate holders.
An applicant for a certificate of qualification or an independent school teaching certificate may request the director of certification to reconsider the director of certification's decision in respect of any of the following:
a denial to issue to the applicant a certificate of qualification or an independent school teaching certificate under section 30;
the issuance of a type of certificate of qualification or independent school teaching certificate other than the type for which the applicant applied;
the imposition of a limitation or condition on a certificate of qualification or an independent school teaching certificate under section 30 (4) (a).
A certificate holder whose certificate of qualification or independent school teaching certificate is rescinded under section 31 may request the director of certification to reconsider the director of certification's decision to rescind the certificate.
be in writing in the form required by the director of certification,
include the prescribed fee, and
subject to subsection (4) of this section, be delivered to the director of certification within 30 days from,
in the case of a reconsideration under subsection (1) (b) or (c) of this section, the date the certificate of qualification or independent school teaching certificate is issued, or
The director of certification must provide the person who requested the reconsideration written reasons for the reconsideration decision.
An applicant for a certificate of qualification or an independent school teaching certificate or a certificate holder whose certificate of qualification or independent school teaching certificate is rescinded under section 31 may appeal a reconsideration decision by the director of certification to the commissioner in writing within 30 days of the date of the reconsideration decision.
The director of certification must suspend a certificate of qualification or an independent school teaching certificate
in accordance with section 37 (3) [annual practice fee],
if the commissioner orders the director of certification to suspend the certificate under section 50 [suspension of certificate or letter of permission before hearing],
if the commissioner notifies the director of certification that the suspension is a term of a consent resolution agreement under section 53 [consent resolution agreement],
if a panel orders the director of certification to suspend the certificate under section 64 [consequences after hearing],
if the certificate holder does not pay the costs ordered under section 65 (1) [power to award costs] by the date specified in the order,
if the certificate holder does not authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act, or
if the registrar under the Criminal Records Review Act has determined that the certificate holder does not have a portable criminal record check because the certificate holder has never undergone a criminal record check or the certificate holder underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization.
The director of certification must cancel a certificate of qualification or an independent school teaching certificate
in accordance with section 37 (4),
if the commissioner notifies the director of certification that the cancellation is a term of a consent resolution agreement under section 53,
if a panel orders the director of certification to cancel the certificate under section 64,
6 months after the date specified in an order made under section 65, if the certificate holder does not pay the costs ordered under that section,
6 months after the date of suspension under subsection (1) (f) of this section if the certificate holder does not authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act, within that 6-month period,
6 months after the date of suspension under subsection (1) (g) of this section if the certificate holder does not authorize a criminal record check under the Criminal Records Review Act, within that 6-month period,
if the registrar under the Criminal Records Review Act has determined that the certificate holder does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the criminal record check verification authorization resulted in a determination that the certificate holder presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, or
if the deputy registrar under the Criminal Records Review Act has determined that a certificate holder presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act.
If the director of certification suspends or cancels a certificate of qualification or an independent school teaching certificate under section 33, the director of certification must
notify the certificate holder of the suspension or cancellation,
notify each board of education and independent school authority of the suspension or cancellation, and
record the fact of the suspension or cancellation in the register of certificate holders.
Letters of Permission
issue, on the payment of a prescribed fee, a letter of permission to a suitable person who is not a certificate holder and whose services the director of certification considers are required for a specified period of time, and
place limitations or conditions on the letter of permission that the director of certification considers appropriate.
The director of certification must consult with the inspector of independent schools before issuing a letter of permission to a person to teach in an independent school.
The director of certification must not issue a letter of permission to a person
if
the person fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act, or
the deputy registrar under that Act has determined the person presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act, or
who has not paid costs ordered under section 65 [power to award costs].
That a person is issued a letter of permission under subsection (1) does not make the person a certificate holder.
The director of certification must suspend a letter of permission
if the commissioner orders the director of certification to suspend the letter of permission under section 50 [suspension of certificate or letter of permission before hearing],
if the commissioner notifies the director of certification that the suspension is a term of a consent resolution agreement under section 53 [consent resolution agreement],
if a panel orders the director of certification to suspend a letter of permission under section 64 [consequences after hearing], or
if the person holding the letter of permission does not pay the costs ordered under section 65 (1) [power to award costs] by the date specified in the order.
The director of certification must cancel a letter of permission
if the commissioner notifies the director of certification that the cancellation is a term of a consent resolution agreement under section 53,
if a panel orders the director of certification to cancel a letter of permission under section 64, or
6 months after the date specified in an order made under section 65, if the person holding the letter of permission does not pay the costs ordered under that section.
Responsibilities of Authorized Persons
A certificate holder must pay a prescribed annual practice fee on or before May 31 each year unless the fee is remitted, in respect of the certificate holder, by
a board of education under section 168.2 [annual practice fee] of the School Act, or
an independent school authority under section 14.1 [annual practice fee] of the Independent School Act.
If a certificate holder is in default of paying the annual practice fee, the director of certification must give notice to the certificate holder that the annual practice fee and a prescribed late fee are due and payable no later than June 30.
If a certificate holder continues to be in default after June 30, the director of certification must
suspend the certificate holder's certificate of qualification effective July 1, and
give notice to the certificate holder that the annual practice fee and an additional prescribed late fee are due and payable no later than October 31.
If a certificate holder continues to be in default after October 31, the director of certification must cancel the certificate holder's certificate effective November 1.
An authorized person must promptly provide to the commissioner a written and signed report if the authorized person has reason to believe that another authorized person has engaged in conduct that involves any of the following:
physical harm to a student;
sexual abuse or sexual exploitation of a student;
significant emotional harm to a student.
Subsection (1) applies even if the information on which the belief is based
is privileged, except as a result of a solicitor-client relationship, or
is confidential and its disclosure is prohibited under another Act.
An authorized person who knowingly reports false information under subsection (1) commits an offence.
No action for damages lies or may be brought against an authorized person for reporting information under this section unless the authorized person knowingly reported false information.
Disciplinary and Professional Conduct Inquiries and Certification Appeals
General
In this Part:
complaint means a written complaint about the competency or conduct of an authorized person, signed by the person making the complaint;
report means the following:
a report about an authorized person under section 16 [report of dismissal, suspension and discipline regarding authorized persons] or 16.1 [report of dismissal, suspension and discipline regarding superintendents] of the School Act;
a report about an authorized person under section 7 [report of dismissal, suspension and discipline regarding authorized persons] or 7.2 [report of dismissal, suspension and discipline regarding principals] of the Independent School Act;
a report about an authorized person under section 38 of this Act.
The commissioner, in accordance with the regulations, may make rules respecting practice and procedure in relation to any of the following:
the just and timely resolution of a matter raised in a report or complaint;
investigations initiated by the commissioner under section 47 (1) (b) [investigation];
hearings before a panel.
The following sections of the Administrative Tribunals Act, S.B.C. 2004, c. 45, apply to the commissioner and panels:
section 44 [tribunal without jurisdiction over constitutional questions];
section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
section 48 [maintenance of order at hearings];
section 49 [contempt proceeding for uncooperative witness or other person];
section 55 [compulsion protection];
section 61 [application of the Freedom of Information and Protection of Privacy Act].
The following sections of the Administrative Tribunals Act apply to the director of certification, the commissioner and panel members:
section 55 [compulsion protection];
section 56 [immunity protection for tribunal and members];
section 61 [application of the Freedom of Information and Protection of Privacy Act].
The following sections of the Administrative Tribunals Act apply to decisions of the commissioner and of a panel:
section 57 [time limit for judicial review];
section 58 [standard of review if tribunal's enabling Act has privative clause].
Subject to subsection (2), decisions of the commissioner and of a panel are final and binding.
The commissioner, within 30 days of the date of a decision by the commissioner or by a panel, may amend a final decision to
correct a typographical, an arithmetical or another similar error in the decision, and
correct an obvious error or omission in the decision.
In this section, former member means a person who was a member of the College of Teachers under the Teaching Profession Act, R.S.B.C. 1996, c. 449.
For the purposes of determining whether a former authorized person or a former member has been guilty of professional misconduct or conduct unbecoming a teacher, section 38 [duty to report professional misconduct] of this Act and this Part apply to
the former authorized person as if the former authorized person were a certificate holder or a person holding a letter of permission, as applicable, and
the former member as if the former member were a certificate holder.
Preliminary Reviews and Investigations
If the commissioner receives a report or complaint, the commissioner must
acknowledge receipt of the report or complaint, and
conduct a preliminary review of the matters raised in the report or complaint.
The commissioner may decide after a preliminary review not to take further action in respect of one or more of the matters raised in a report or complaint if the commissioner determines that any of the following apply:
the matter is not within the jurisdiction of the commissioner or a panel;
the matter is frivolous, vexatious or trivial or gives rise to an abuse of process;
the report or complaint was made in bad faith or filed for an improper purpose or motive;
there is no reasonable prospect the report or complaint will result in an adverse finding by a panel;
it is not in the public interest to take further action in respect of the matter;
the matter has not been pursued in a timely manner.
If the commissioner decides not to take further action, the commissioner must provide written reasons to the following persons:
the authorized person who is the subject of the report or complaint;
the person who sent the report or complaint to the commissioner.
The commissioner, if the commissioner determines it to be in the public interest, may make public a summary of the commissioner's decision not to take further action under subsection (1), excluding all identifying information.
The commissioner, after a preliminary review, may defer taking further action in respect of one or more of the matters raised in a report or complaint if
the matter is addressed in another process, and
the commissioner determines that it is in the public interest that the other process is concluded before taking further action.
If the commissioner decides to defer taking further action until the conclusion of another process, the commissioner must notify, in writing, all of the following:
the authorized person who is the subject of the report or complaint;
the person who sent the report or complaint to the commissioner;
if the authorized person is employed by a board of education or an independent school authority, the board of education or independent school authority.
The commissioner,
at any time, may take further action in respect of a matter that the commissioner deferred under this section, and
at the conclusion of the other process, must decide, in respect of a matter that the commissioner deferred under this section,
to take no further action under section 45,
to make or accept a proposal for a consent resolution agreement under Division 3 of this Part, or
to issue a citation under section 56.
The commissioner
must investigate a report or complaint unless the commissioner
decides not to take further action under section 45, or
decides that no investigation is required before making or accepting a proposal for a consent resolution agreement under Division 3 [Consent Resolution] of this Part or before issuing a citation under section 56 [citation], and
may initiate, on the commissioner's own initiative if it is in the public interest, an investigation into the competency or conduct of an authorized person.
The commissioner must notify, in writing, the following persons, as applicable, of any investigation under subsection (1):
the authorized person who is the subject of the investigation;
the person who sent the report or complaint to the commissioner;
if the authorized person is employed by a board of education or an independent school authority, the board of education or independent school authority.
In an investigation under this section, the commissioner may consider any of the following in respect of the authorized person who is the subject of the investigation:
previous decisions not to take further action after a preliminary review under section 45;
previous investigations under this section;
previous consent resolution agreements under section 53 [consent resolution agreement];
disciplinary action taken under the Teaching Profession Act, R.S.B.C. 1996, c. 449.
At any time during an investigation under section 47, the commissioner may require a person
to give evidence, on oath or affirmation or in any other manner, that is relevant to a matter being investigated, or
to produce a document or other thing in the person's possession or control that is relevant to a matter being investigated.
The commissioner may apply to the court for an order directing a person to comply with the commissioner's requirement under subsection (1).
For the purpose of an investigation under section 47, the commissioner may do one or more of the following:
enter the building of a public school or of an independent school or any other building used in conjunction with the school or offices of the board of education or independent school authority, or any part of them;
inspect any record of a board of education or of an independent school authority;
interview
any employee of a board of education or of an independent school authority,
the authorized person who is the subject of the investigation,
the person who sent the report or complaint to the commissioner, and
any other person the commissioner considers may have relevant information.
At any time between the commissioner's receipt of a report or complaint or the initiation of an investigation under section 47 (1) (b) [investigation] and the resolution under this Part of the report, complaint or investigation, the commissioner may order the director of certification if the commissioner considers there is a risk of
to suspend the certificate of qualification or independent school teaching certificate of the certificate holder who is the subject of the report, complaint or investigation until the report, complaint or investigation is resolved under this Part, or
to suspend the letter of permission of a person who is the subject of the report, complaint or investigation until the report, complaint or investigation is resolved under this Part
physical harm to a student,
sexual abuse or sexual exploitation of a student, or
significant emotional harm to a student.
The commissioner must deliver a notice of a suspension under subsection (1) to the following, as applicable:
the certificate holder whose certificate of qualification or independent school teaching certificate is suspended;
the person whose letter of permission is suspended;
if the authorized person is employed by a board of education or an independent school authority, the board of education or independent school authority.
The commissioner, may vary or rescind a suspension made under subsection (1).
on the commissioner's own initiative,
on the written request of the certificate holder whose certificate of qualification or independent school teaching certificate is suspended, or
on the written request of a person whose letter of permission is suspended,
After completing an investigation under section 47 [investigation], the commissioner must take one or more of the following actions:
in accordance with section 52, decide not to take further action;
in accordance with Division 3 [Consent Resolution] of this Part, make or accept a proposal for a consent resolution agreement;
in accordance with section 56 [citation], issue a citation.
The commissioner may decide not to take further action in respect of one or more of the matters related to an investigation after the investigation is concluded if the commissioner determines that any of the following apply:
the matter is not within the jurisdiction of the commissioner or a panel;
the matter is frivolous, vexatious or trivial or gives rise to an abuse of process;
the report or complaint that led to the investigation was made in bad faith or filed for an improper purpose or motive;
there is no reasonable prospect that the report or complaint or a matter relating to the investigation will result in an adverse finding by a panel;
it is not in the public interest to take further action in respect of the matter;
the matter has not been not pursued in a timely manner.
If the commissioner decides not to take further action, the commissioner must provide written reasons to the following, as applicable:
the authorized person who is the subject of the investigation;
the person who sent the report or complaint to the commissioner;
if the authorized person is employed by a board of education or an independent school authority, the board of education or independent school authority.
The commissioner, if the commissioner determines it to be in the public interest, may make public a summary of the commissioner's decision not to take further action under subsection (1), excluding all identifying information.
Consent Resolution
At any time between a preliminary review or the initiation of an investigation under section 47 [investigation] and the resolution, at a hearing under Division 4 [Disciplinary and Professional Conduct Inquiries] of this Part, of the report, complaint or investigation, the commissioner may
propose in writing to the authorized person who is the subject of the report, complaint or investigation to enter into a consent resolution agreement, or
accept a proposal in writing from the authorized person who is the subject of the report, complaint or investigation to enter into a consent resolution agreement.
In deciding whether to make or accept a proposal under subsection (1), the commissioner may consider any of the following in respect of the authorized person who is the subject of the report, complaint or investigation:
previous decisions not to take further action after a preliminary review under section 45 [decisions not to take further action after preliminary review];
previous investigations under section 47;
previous consent resolution agreements under this section;
disciplinary action taken under the Teaching Profession Act, R.S.B.C. 1996, c. 449.
A consent resolution agreement must contain
the terms set out in the proposal made by the commissioner, or the terms set out in the proposal made by the authorized person if they are accepted by the commissioner,
one or more admissions by the authorized person in relation to one or more of the matters raised in the report or complaint or related to the investigation, and
one or more of the consequences with respect to which a panel may make an order under section 64 [consequences after hearing].
A consent resolution agreement entered into under this section has the same effect as an order made under section 64.
After a consent resolution agreement is entered into under this section, no further action may be taken under this section or section 56 [citation] with respect to the matters contained in the consent resolution agreement, unless the authorized person does not comply with one or more of the terms of the consent resolution agreement.
If the commissioner and the authorized person who is the subject of the preliminary review or investigation do not enter in a consent resolution agreement, a panel must not consider the admissions made or any information provided in relation to a proposal for a consent resolution agreement, apart from information collected in an investigation separate from the proposal for a consent resolution agreement, in making a finding under section 63 or an order under section 64.
In a proceeding, other than a criminal proceeding, unless agreed to by the commissioner and the authorized person who is the subject of the consent resolution, a person must not disclose or be compelled to disclose a document or other record created specifically for the purposes of entering into a consent resolution agreement.
The consent resolution agreement is not confidential unless the commissioner gives a direction to the director of certification under section 54 (3) (a) or decides not to make public the reasons under section 54 (3) (b).
In the case of a complaint or report, the commissioner must provide a copy of the consent resolution agreement to the person who sent the complaint or report to the commissioner, unless the commissioner gives a direction to the director of certification under section 54 (3) (a) or decides not to make public the reasons under section 54 (3) (b).
Subject to subsection (3), the director of certification must make public a consent resolution agreement entered into under this Division.
The publication under subsection (1) may be made by posting a notice on a publicly accessible website maintained by or on behalf of the ministry.
If the commissioner considers that making public the consent resolution agreement would cause significant hardship to a person who was harmed, abused or exploited by the authorized person, the commissioner may
direct the director of certification to make public a summary of the consent resolution agreement, excluding all identifying information, or
decide not to make public the consent resolution agreement.
If the certificate of qualification, independent school teaching certificate or letter of permission of an authorized person is suspended or cancelled as a term of a consent resolution agreement, the director of certification must notify the following of the suspension or cancellation:
each board of education and independent school authority;
in the case of the certificate holder who is the subject of the consent resolution agreement, record the fact in the register of certificate holders.
Disciplinary and Professional Conduct Inquiries
After
a preliminary review under section 44 [preliminary review of report or complaint], the commissioner may issue a citation to the authorized person who is the subject of the preliminary review, and
an investigation under section 47 [investigation], the commissioner must issue a citation to the authorized person who is the subject of the investigation, unless the commissioner decides not to take further action under section 52 [decision not to take further action after investigation] or to make or accept a proposal for a consent resolution agreement under Division 3 [Consent Resolution] of this Part.
A citation issued under subsection (1) must include
a description of the matters to be considered by a panel, and
a statement of the material facts on which the citation is based.
If the commissioner issues a citation under subsection (1), the commissioner
must deliver a copy of the citation to the last known address of the authorized person who is the subject of the citation,
must notify, in the case of a report or complaint, the person who sent the report or complaint to the commissioner,
must establish a panel in accordance with section 57,
must determine whether the hearing will be by way of an oral hearing or written submissions and if the hearing
is by way of an oral hearing, set the time and place of the hearing, or
is by way of written submissions, set the timelines for submissions, and
may make any other orders, in accordance with the commissioner's rules of practice and procedure, the commissioner considers necessary to facilitate the just and timely resolution of one or more matters relating to the citation.
The commissioner may amend a citation at any time before the conclusion of a hearing if the commissioner receives new information relevant to the citation.
If the commissioner amends a citation under subsection (4), the commissioner must
issue the amended citation to the authorized person who is the subject of the citation and set out the information described in subsection (1), and
in the case of a report or complaint, notify the person who sent the report or complaint to the commissioner of the amended citation.
The commissioner must establish a panel, consisting of 3 members, in respect of a citation issued by the commissioner.
If the citation that is referred to a panel is in relation to
a certificate holder who holds a certificate of qualification or a person who holds a letter of permission to teach in a public school, the commissioner must select as a panel member one, and no more than one, board member who is a board member appointed under section 26 (2) (a) [disciplinary and professional conduct board], unless no board member appointed under section 26 (2) (a) is available, or
a certificate holder who holds an independent school teaching certificate, the commissioner must select at least one panel member with substantial knowledge of and experience in the independent school system.
Subject to subsection (2) and the regulations, the commissioner may select to sit on a panel a person who is not a board member.
A panel member selected under subsection (3) must take and sign, by oath or affirmation, a prescribed oath before sitting as a panel member, unless the panel member is a council member.
The commissioner must
designate a chair from among the panel members, and
designate a new chair from among the panel members if the chair is unable for any reason to complete the duties of chair.
A decision of the majority of the panel members is the decision of the panel.
If a panel member is unable for any reason to complete the panel member's duties, the commissioner must take one of the following actions:
give consent that the remaining members of that panel continue to hear and determine the matter, and the vacancy does not invalidate the hearing;
replace the panel member and that panel continues to hear and determine the matter;
remove the remaining panel members and establish a new panel under section 57 to hear and determine the matter.
If the commissioner gives consent and the remaining panel members continue to hear and determine the matter under subsection (2) (a), in the case of a tie, the decision of the chair of the panel governs.
A panel must conduct hearings in accordance with
the commissioner's rules of practice and procedure, and
any orders made by the commissioner under section 56 (3) [citation].
If a panel considers it necessary and appropriate to facilitate the just and timely resolution of one or more matters before the panel, that panel, despite subsection (1),
may make determinations about the application of the commissioner's rules of practice and procedure and may vary the rules, and
may request the commissioner to schedule an oral hearing.
At any time before or during a hearing, a panel may make an order requiring a person
to attend a hearing to give evidence, on oath or affirmation or in any other manner, that is relevant to a matter before the panel, or
to produce for the panel a document or other thing in the person's possession or control that is relevant to a matter before the panel.
The commissioner may apply to the court for an order directing a person to comply with an order made by a panel under subsection (1).
An oral hearing of a panel must be open to the public.
Despite subsection (1) and subject to the regulations, a panel may direct that the public is excluded from all or part of a hearing if the panel considers that the desirability of avoiding disclosure in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public.
If an authorized person who is the subject of a citation being heard by a panel fails to attend the hearing, on proof that a copy of the citation was delivered to the authorized person's last known address in accordance with section 56 (3) (a) [citation], the panel may proceed with the hearing and may take, without further notice, any action it is authorized to take under this Act and make any order that the panel could have made in the presence of the authorized person.
A panel, after a hearing, may make any of the following findings:
dismiss the citation;
determine that an authorized person has been or is guilty of professional misconduct or conduct unbecoming a teacher;
determine that an authorized person has been or is incompetent to carry out the professional duties and responsibilities of a teacher;
determine that an authorized person does not have the capacity to carry out professional duties and responsibilities of a teacher because of a physical or mental disability;
make to the commissioner any other report respecting the citation that the panel considers appropriate.
In making a finding under subsection (1), the panel may consider any of the following in respect of the authorized person who is the subject of the hearing:
previous decisions not to take further action after a preliminary review under section 45 [decisions not to take further action after preliminary review];
previous investigations under section 47 [investigation];
previous consent resolution agreements under section 53 [consent resolution agreements];
previous findings under this section or orders under section 64;
disciplinary action taken under the Teaching Profession Act, R.S.B.C. 1996, c. 449.
If a panel makes a finding under section 63 (1) (b), (c) or (d), the panel may make an order setting out one or more of the following:
a reprimand of the authorized person;
a requirement for the director of certification to suspend the certificate of qualification, independent school teaching certificate or letter of permission of the authorized person for a fixed period;
a requirement for the director of certification to suspend the certificate of qualification, independent school teaching certificate or letter of permission of the authorized person until the authorized person has fulfilled conditions imposed by the panel;
a requirement for the director of certification to suspend the certificate of qualification, independent school teaching certificate or letter of permission of an authorized person until the authorized person satisfies the director of certification that the authorized person is able to carry out the professional duties and responsibilities of an authorized person;
a requirement for the director of certification to cancel the certificate of qualification, independent school teaching certificate or letter of permission of the authorized person;
a requirement for the director of certification to suspend or cancel a certificate of qualification, an independent school teaching certificate or a letter of permission unless the authorized person has fulfilled conditions by a fixed date imposed by the panel;
a requirement for the director of certification not to issue a certificate of qualification, an independent school teaching certificate or a letter of permission for a fixed or indeterminate period;
a requirement for the director of certification to place limitations and conditions on the certificate of qualification, independent school teaching certificate or letter of permission of the authorized person.
The panel, in addition to any order under section 64, may make an order requiring the authorized person to pay all or part of the costs of a hearing if the panel considers the conduct of the authorized person to have been improper, vexatious, frivolous or abusive during the hearing.
An order under subsection (1), after filing in the court registry, has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and all proceedings may be taken on it as if it were an order of the court.
the authorized person who is the subject of the citation;
subject to subsection (5) of this section, in the case of a report or complaint, the person who sent the report or complaint to the commissioner;
the director of certification.
The publication under subsection (2) may be made by posting a notice on a publicly accessible website maintained by or on behalf of the ministry.
direct the director of certification to make public a summary of the reasons, excluding all identifying information, or
decide not to make public the reasons.
If the panel gives a direction to the director of certification under subsection (4) (a) or decides not to make public the reasons under subsection (4) (b), the panel must not give written reasons to the person who sent the report or complaint to the commissioner.
If an order is made to suspend or cancel a certificate of qualification, an independent school teaching certificate or a letter of permission under section 64 [consequences after hearing], the director of certification must
notify each board of education and independent school authority, and
in the case of a certificate holder who is the subject of the citation, record the fact in the register of certificate holders.
Certification Appeals
In this Division, appellant means a person who files an appeal under section 32 (8) [reconsideration and appeal].
The commissioner must notify the director of certification of a certification appeal received by the commissioner.
If the commissioner receives a certification appeal, the commissioner must
acknowledge receipt of the certification appeal, and
conduct a preliminary review of the certification appeal.
After completing a preliminary review, the commissioner may dismiss the certification appeal if the commissioner determines that any of the following apply:
the appellant did not pay the prescribed certification appeal fee;
the appellant did not file the appeal within the timeline set out in section 32 (8) [reconsideration and appeal];
the matters raised in the certification appeal are not within the jurisdiction of the commissioner or a panel;
the certification appeal is frivolous, vexatious or trivial or gives rise to an abuse of process;
there is no reasonable prospect the certification appeal will be successful.
Before deciding to summarily dismiss the certification appeal, the commissioner must notify the appellant of the commissioner's intention, and the appellant
may provide written submissions, and
must provide any submissions under paragraph (a) within 30 days of the commissioner's notification.
The commissioner may dismiss the certification appeal after considering any submissions provided by the appellant under subsection (2).
If the commissioner dismisses the certification appeal, the commissioner must provide written reasons to
the appellant, and
the director of certification.
If the commissioner does not dismiss a certification appeal under section 71 after a preliminary review, the commissioner
must refer the certification appeal to a panel for a hearing,
must notify the appellant and the director of certification of the referral,
must establish a panel in accordance with section 73,
must determine whether the hearing will be by way of an oral hearing or written submissions and if the hearing
is by way of an oral hearing, set the time and place of the hearing, or
is by way of written submissions, set the timelines for submissions, and
may make any other orders, in accordance with the commissioner's rules of practice and procedure, the commissioner considers necessary to facilitate the just and timely resolution of the certification appeal.
The commissioner must establish a panel, consisting of 3 members, to hear a certification appeal.
If the appellant
applied for a certificate of qualification, the commissioner must select as a panel member one, and no more than one, board member who is a board member appointed under section 26 (2) (a) [disciplinary and professional conduct board], unless no board member appointed under section 26 (2) (a) is available, or
applied for an independent school teaching certificate, the commissioner must select as a panel member at least one board member with substantial knowledge and experience in the independent school system.
Subject to subsection (2) and the regulations, the commissioner may select to sit on a panel a person who is not a board member.
A panel member selected under subsection (3) must take and sign, by oath or affirmation, a prescribed oath before sitting as a panel member, unless the panel member is a council member.
The commissioner must
designate a chair from among the panel members, and
designate a new chair from among the panel members if the chair is unable for any reason to complete the duties of chair.
A decision of the majority of the panel members is the decision of the panel.
If a panel member is unable for any reason to complete the panel member's duties, the commissioner must take one of the following actions:
give consent that the remaining members of that panel continue to hear and determine the matter, and the vacancy does not invalidate the hearing;
replace the panel member and that panel continues to hear and determine the matter;
remove the remaining panel members and establish a new panel under section 73 to hear and determine the matter.
If the commissioner gives consent and the remaining panel members continue to hear and determine the matter under subsection (2) (a), in the case of a tie, the decision of the chair of the panel governs.
A panel must conduct hearings in accordance with
the commissioner's rules of practice and procedure, and
any orders made by the commissioner under section 72 (2) (e) [referral to hearing].
If a panel considers it necessary and appropriate to facilitate the just and timely resolution of one or more matters before the panel, that panel, despite subsection (1),
may make determinations about the application of the commissioner's rules of practice and procedure and may vary the rules, and
may request the commissioner to schedule an oral hearing.
At a certification appeal hearing, a panel may do the following:
determine whether or not the appellant meets the requirements in section 30 [issuance of certificate] to be issued a certificate of qualification or an independent school teaching certificate;
if the appellant meets the requirements in section 30, determine what type of certificate of qualification or independent school teaching certificate the director of certification must issue to the appellant.
In making a determination under subsection (1), a panel must not consider evidence that was not before the director of certification unless
the evidence was not before the director of certification even though the appellant exercised due diligence to provide the director of certification all relevant evidence for the reconsideration under section 32 [reconsideration and appeal], and
the panel considers the evidence to be relevant and credible and, when taken together with the other evidence before the panel, the evidence is likely to affect the panel's determination.
If the panel considers evidence under subsection (2), the director of certification may provide additional evidence to the panel.
If the panel determines that an appellant meets the requirements in section 30 to be issued a certificate of qualification or an independent school teaching certificate, the panel may make an order requiring the director of certification to issue to the appellant the type of certificate for which the appellant meets the requirements.
A panel must give to the appellant and the director of certification written reasons for its decision under section 76.
The publication under subsection (2) may be made by posting a notice on a publicly accessible website maintained by or on behalf of the ministry.
direct the director of certification to make public a summary of the reasons, excluding all identifying information, or
decide not to make public the reasons.
Register and Employers List
The director of certification must maintain a register of all certificate holders.
The director of certification must establish and maintain an online registry for the purpose of providing the public the following information about each authorized person:
the authorized person's name;
the current status of the authorized person's certificate of qualification, independent school teaching certificate or letter of permission;
a record of any suspension or cancellation of the authorized person's certificate of qualification, independent school teaching certificate or letter of permission;
a record of a term of a consent resolution agreement under section 53 [consent resolution agreement] that is
an admission of professional misconduct or conduct unbecoming a teacher or an admission of incompetency to carry out professional duties and responsibilities, or
a consequence with respect to which a panel may make an order under section 64 [consequences after hearing];
If the minister provides information to the director of certification under section 80.2 (2) (a) [minister's power to provide information for inclusion in online registry], the director of certification must include that information in the online registry.
In this section:
employer means a board of education or an independent school authority that employs a certificate holder in the capacity of a certificate holder;
First Nations school employer means any of the following that employs a certificate holder in the capacity of a certificate holder or that employs an FNEA certified teacher in the capacity of an FNEA certified teacher:
a first nation, as defined in section 1 [definitions and interpretation] of the School Act, that is operating an educational institution;
a Community Education Authority, as established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), that is operating an educational institution;
a treaty first nation that is operating an educational institution under the treaty first nation's laws;
a prescribed entity;
prospective employer means either of the following that is considering becoming an employer of a certificate holder:
a board of education;
an independent school authority.
prospective First Nations school employer means any of the following that is considering becoming a First Nations school employer of a certificate holder or FNEA certified teacher:
a first nation, as defined in section 1 [definitions and interpretation] of the School Act;
a Community Education Authority, as established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada);
a treaty first nation;
a prescribed entity.
On or before October 15 of each year, an employer must submit to the director of certification information that identifies the certificate holders employed by the employer during the 12-month period from July 1 in the previous year to June 30, including information that identifies any certificate holders currently employed by that employer, and the director of certification must maintain the information for at least 10 years.
From the information submitted and maintained under subsection (2), the director of certification must establish and maintain a list that identifies the employers of every certificate holder.
If the minister provides information to the director of certification under section 80.2 (2) (b) [minister's power to provide information for inclusion in list of employers], the director of certification must
include the information in the list, and
maintain the information for at least 10 years.
A prospective employer or prospective First Nations school employer
that is considering hiring a certificate holder or FNEA certified teacher may inspect the list maintained under subsection (4), and
that inspects the list under paragraph (a) must keep confidential the information obtained from the list.
Teacher Certification and Regulation by the First Nations Education Authority
The minister may, on behalf of the government, enter into an agreement with the First Nations Education Authority to provide to the First Nations Education Authority assistance in respect of the certification of applicants for an FNEA teaching certificate and the regulation of FNEA certified teachers by the First Nations Education Authority.
If the minister receives from the First Nations Education Authority a request for assistance under the coordination agreement, the minister may do the following:
assist with an investigation conducted by the First Nations Education Authority, or conduct an investigation on behalf of the First Nations Education Authority, to determine whether an applicant meets the criteria to be issued an FNEA teaching certificate;
assist with an investigation conducted by the First Nations Education Authority, or conduct an investigation on behalf of the First Nations Education Authority, into the conduct or competence of an FNEA certified teacher;
assist the First Nations Education Authority with the submission of, or submit on behalf of the First Nations Education Authority, criminal record check authorizations or criminal record check verification authorizations under the Criminal Records Review Act for applicants for an FNEA teaching certificate and for FNEA certified teachers;
report to the First Nations Education Authority on information provided to the minister in response to the submission of the criminal record check authorizations or criminal record check verification authorizations referred to in paragraph (d);
assist the First Nations Education Authority with the consideration of notifications, determinations and written reasons for determinations provided under the Criminal Records Review Act in relation to criminal record checks and criminal record check verifications for applicants for an FNEA teaching certificate and for FNEA certified teachers;
provide advice in respect of the certification of applicants for an FNEA teaching certificate and the regulation of FNEA certified teachers.
The minister may
provide to the director of certification the following information for inclusion in the online registry established under section 79 [online registry]:
the name of an FNEA certified teacher;
the current status of the FNEA certified teacher's FNEA teaching certificate;
any other prescribed information, and
provide to the director of certification for inclusion in the list established and maintained under section 80 (3) [list of employers and First Nations school employers]
the name of each First Nations school employer, and
information that identifies any certificate holders or FNEA certified teachers employed by the First Nations school employer.
any employee of the First Nations school employer of the FNEA certified teacher,
the FNEA certified teacher who is the subject of the investigation,
if applicable, the person who sent to the First Nations Education Authority a written complaint in respect of the conduct or competence of the FNEA certified teacher, and
any other person the minister considers may have relevant information.
The minister may collect directly or indirectly, use and disclose personal information necessary for the following purposes:
responding under section 80.2 (1) [powers to assist First Nations Education Authority] to a request for assistance;
providing to the director of certification information described in section 80.2 (2);
any other prescribed purpose.
The First Nations Education Authority may collect, use and disclose to the minister personal information necessary for the following purposes:
requesting and receiving the assistance described in section 80.2 (1);
providing the information referred to in section 80.2 (2);
any other prescribed purpose.
The minister may delegate to any person any of the minister's powers under this Part, except the power
to delegate under this section, and
to enter into an agreement under section 80.1 [coordination agreement with First Nations Education Authority].
General
The minister may make regulations for the purpose of carrying out any of the minister's powers and duties under this Act and, without restriction, may make regulations as follows:
respecting the nominations under section 9 (1) (a) [British Columbia Teachers' Council], including prescribing the minimum number of certificate holders the British Columbia Teachers' Federation must nominate;
respecting the appointment under section 9 (1) (a.1);
respecting the appointment of the 7 council members under section 9 (1) (c);
respecting the consultation for the purposes of section 9 (6);
prescribing persons or organizations for the purposes of section 9 (6);
respecting council meetings for the purposes of section 12 [council meetings];
respecting the administration and conduct of the election of council members;
establishing zones for the purposes of the election of council members;
prescribing a date for the purposes of section 20 [candidates];
prescribing a date for the purposes of section 22 [elections];
respecting the issuance, suspension and cancellation of letters of permission;
respecting the commissioner's rules of practice and procedure;
respecting the selection by the commissioner of a person who is not a board member to sit on a panel for the purposes of section 57 (3) [establishment of panels for disciplinary and professional conduct inquiries] or 73 (3) [establishment of panels for certification appeals];
respecting hearings for the purposes of section 61 [hearings open to public];
classifying independent school teaching certificates into one or more types.
In making a regulation under this Act, the minister may do one or more of the following:
delegate a matter to a person;
confer a discretion on a person;
make different regulations for different classes of persons, types of certificates of qualification and types of independent school teaching certificates, and for different letters of permission, activities, circumstances, matters or things.
Without limiting subsection (1), the minister may make regulations respecting any matter for which regulations of the minister are contemplated by this Act.
The minister may use personal information, in the custody or under the control of the ministry, about certificate holders to distribute information to certificate holders.
The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
respecting appointments under section 11 (10);
prescribing fees that are to be paid under this Act and for any other service provided under this Act, including different annual practice fees for certificates of qualifications, independent school teaching certificates and different types of certificates;
varying the dates in section 37 [annual practice fee];
prescribing information for the purposes of section 80.2 (2) (a) (iii) [minister's power to provide information for inclusion in online registry];
prescribing a purpose for the purposes of section 80.4 (1) (c) or (2) (c) [purposes for which personal information may be collected, used and disclosed].
In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
delegate a matter to a person;
confer a discretion on a person;
make different regulations for different classes of persons, types of certificates of qualification and types of independent school teaching certificates, and for different letters of permissions, activities, circumstances, matters or things.
The Lieutenant Governor in Council may make regulations for transitional matters with respect to any matter inadequately provided for or not provided for as a result of the repeal of an Act by this Act and the enactment of this Act.
All fees and costs payable under this Act must be paid to the government.
A special account, to be known as the Teachers Act Special Account, is established.
The following amounts are credited to the special account:
money transferred to the government under section 87;
proceeds realized on disposition of rights, property and assets that are transferred to the government under section 87;
fees, remittances and costs paid to the government under this Act and remittances paid to the government under section 168.2 [annual practice fee] of the School Act and section 14.1 [annual practice fee] of the Independent School Act;
payments made by the First Nations Education Authority under the coordination agreement.
Despite section 21 (3) [Supply Act appropriations] of the Financial Administration Act, the minister may make payments out of the special account for any of the following purposes:
costs and expenses incurred in connection with the administration of this Act;
debts, obligations and liabilities transferred to the government under section 87.
Transitional Provisions, Repeal and Consequential Amendments
Transitional Provisions
In this Division:
College of Teachers means the College of Teachers continued under the former Act;
discipline committee means the committee that was appointed under section 28 (1) of the former Act and was in place immediately before the coming into force of this section;
former Act means the Teaching Profession Act, R.S.B.C. 1996, c. 449;
former council means the council of the College of Teachers that was in place immediately before the coming into force of this section;
former council member means a council member of the former council immediately before the coming into force of this section;
former committee member means a member of any of the following immediately before the coming into force of this section:
the qualifications committee;
the discipline committee;
a subcommittee appointed under section 26 (1.1) or 28 (1.1) of the former Act;
qualifications committee means the committee that was appointed under section 26 (1) of the former Act and was in place immediately before the coming into force of this section.
On the repeal of the former Act,
the College of Teachers is dissolved,
subject to sections 88 and 89 of this Act, the appointment of each former council member and each former committee member is rescinded, and members of the former council, whether appointed or elected, and of the qualifications committee, the discipline committee and any subcommittee appointed under section 26 (1.1) or 28 (1.1) of the former Act cease to hold office,
all of the rights, property and assets of the College of Teachers are transferred to and vested in the government, and
all of the debts, liabilities, and obligations of the College of Teachers are transferred to and assumed by the government.
The minister may dispose of any rights, property or assets that are transferred to the government under subsection (1) (c).
Subsection (1) (b) must not be construed as a breach of any contract, agreement or order related to the election or appointment of a person as a member of the former council, the discipline committee, the qualifications committee or any subcommittee appointed under section 26 (1.1) or 28 (1.1) of the former Act, and no legal proceeding for damages lies or may be commenced or maintained as a result of a member of the former council, the discipline committee, the qualifications committee or any subcommittee appointed under section 26 (1.1) or 28 (1.1) of the former Act ceasing to hold office.
On and after the date on which the former Act is repealed, a reference to the council of the College of Teachers or to the College of Teachers in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.
If, before the repeal of the former Act, the former council received a report or complaint referred to in section 28 (4) of the former Act, and the former council, the discipline committee or a subcommittee has started an inquiry under section 28 or 29 of the former Act but has not taken any action under section 34 or 35 of the former Act, then
subject to subsection (2) of this section, the former council members or former committee members of the discipline committee or subcommittee are deemed to be members of a panel under this Act, and
the inquiry must be continued under this Act.
If a panel member withdraws from an inquiry referred to in subsection (1), the commissioner may do one of the following:
if at least two panel members remain on the panel, authorize the remaining panel members to hear the matter, and the vacancy does not invalidate the inquiry;
remove the remaining panel members hearing the matter and either
appoint a panel under section 57 [establishment of panels for disciplinary and professional conduct inquiries] of this Act to conduct a new inquiry under this Act, or
in accordance with Division 3 [Consent Resolution] of Part 6 [Disciplinary and Professional Conduct Inquiries and Certification Appeals] of this Act, make or accept a proposal for a consent resolution agreement under section 53 [consent resolution agreement] of this Act.
If, before the repeal of the former Act, a citation was issued under section 30 (1) of the former Act, and the former council, the discipline committee or a subcommittee has not commenced a hearing under that section, the commissioner may appoint a panel under section 57 of this Act with respect to that citation.
If, before the repeal of the former Act, the former council received an application for a certificate of qualification, and the qualifications committee or a subcommittee has started an inquiry with respect to the application under section 26 of the former Act but a decision with respect to the application has not been made, then
the applicant, within 30 days after the coming into force of this section, may request that the application be forwarded to the director of certification for determination under section 30 [issuance of certificate] of this Act, and
if the applicant does not make a request under paragraph (a) of this subsection, the inquiry must be continued under the former Act as if section 26 of the former Act were still in force, and the results of the inquiry must be forwarded to the director of certification, who, with respect to the application, must exercise the powers under section 30 of this Act in accordance with those results.
If a former committee member withdraws from an inquiry referred to in subsection (1), the commissioner may do one of the following:
if at least two former committee members remain on the qualifications committee or subcommittee, authorize the remaining former committee members to hear the matter, and the vacancy does not invalidate the inquiry;
Criteria established under the College of Teachers Bylaw 5.C.03 that were in effect immediately before the coming into force of this Act remain in effect until the council first establishes standards under section 13 (a) of this Act.
must be read as a reference to the director of certification, if the reference is in relation to a matter that, under this Act, is within the authority of the director of certification, and
must be read as a reference to the council, if the reference is in relation to a matter that, under this Act, is within the authority of the council.
A certificate of qualification issued under the former Act that is deemed to be a certificate of qualification issued under this Act, subject to all limitations and conditions imposed under the former Act with respect to the certificate.
was valid and subsisting immediately before the coming into force of this Act, and
was not, immediately before the coming into force of this Act, subject to an undertaking according to which the certificate holder agrees not to practise teaching, other than an undertaking entered into because the holder of the certificate is incompetent to carry out professional duties and responsibilities because of a physical or mental disability,
A certificate of qualification issued under the former Act is rescinded if the certificate of qualification is not deemed under subsection (1) to be a certificate of qualification issued under this Act.
A certificate of qualification issued under the former Act is deemed to be suspended by the director of certification under section 33 (1) (d) [suspension or cancellation of certificate] of this Act as a result of an order issued under section 64 (d) [consequences after hearing] of this Act if the certificate of qualification was, immediately before the coming into force of this Act, subject to an undertaking according to which the certificate holder agrees not to practise teaching because the certificate holder is incompetent to carry out professional duties and responsibilities because of a physical or mental disability.
A certificate of qualification issued by the inspector under the Independent School Act or the School Support (Independent) Act, R.S.B.C. 1979, c. 378, that was valid and subsisting immediately before the coming into force of this Act is deemed to be an independent school teaching certificate issued under this Act.
A letter of permission issued under the former Act or Independent School Act that was valid and subsisting immediately before the coming into force of this Act is deemed to be a letter of permission issued under this Act.
The independent school teacher certification committee in place immediately before the coming into force of this Act is deemed to be the first independent school teaching certificate standards committee constituted under section 5 (1) of the Independent School Act.
If, immediately before the coming into force of this Act, the inspector under the Independent School Act is considering whether to make a suspension or revocation under section 5 (3) of that Act, the inspector may make the suspension or revocation, and the suspension or revocation is deemed to be made by the director of certification under section 33 or 36 of this Act, as applicable.
If, immediately before the coming into force of this Act, a person authorized by the inspector under the Independent School Act has started an investigation under section 7.3 of that Act, the investigation may continue under that Act and section 7.3 (3) of that Act, as it reads immediately after the coming into force of this Act, applies.
An approval of a teacher education program for certification purposes under the former Act that is in place immediately before the coming into force of this Act is deemed to be an approval under this Act of the teacher education program.
In this section, former registrar means the registrar under the former Act immediately before the coming into force of this section.
On the coming into force of this section, the appointment of the former registrar is rescinded and the former registrar ceases to hold office.
The minister may appoint a registrar who has all the powers, duties and obligations of the registrar under the former Act until its repeal.
For greater certainty, the registrar appointed under subsection (3) is not an officer or employee of the College of Teachers.
Despite anything in the former Act, the minister may direct the registrar appointed under subsection (3) respecting the exercise of the registrar's powers or the carrying out of the registrar's duties or obligations under the former Act, and if there is an inconsistency between a direction of the minister under this subsection and a direction of the former council to the registrar under the former Act, the direction of the minister prevails to the extent of the inconsistency.
The registrar appointed under subsection (3) must report to the minister on matters related to the exercise of the registrar's powers and the carrying out of the registrar's duties and obligations under the former Act.
Repeal
Section 17 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is repealed.
The Teaching Profession Act is repealed.
Consequential Amendments
100-124
The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: