Statutes of Newfoundland and Labrador 2001 Chapter 27

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Statutes of Newfoundland and Labrador 2001

Statutes of Newfoundland and Labrador 2001 Chapter 27 CHAPTER 27

AN ACT TO AMEND THE TEACHER
TRAINING ACT
(Assented to December 13, 2001)

Analysis

1. S.5 Amdt.
Cancellation or suspension of certificate

2. S.9 Rep.
Cancellation of suspension of certificate

3. S.10(1) Amdt.
Suspension of certificate or licence

4. S.13 R&S
Review

5. S.14(3) R&S
Board of appeals

6. S.15 R&S
Review by appeals board

7. S.16(b) Amdt.
Regulations

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cT-1
as amended

1. (1) Subsection 5(1) of the Teacher Training Act is repealed and the following substituted:

Cancellation or suspension of certificate

5. (1) The review panel may suspend or cancel the certificate or licence of a teacher who is guilty of gross misconduct, incompetence or for other just cause.

(2) Subsection 5(3) of the Act is amended by striking out the words and figures "and of section 9".

2. Section 9 of the Act is repealed.

3. Subsection 10(1) of the Act is amended by striking out the word "committee" and substituting the words "review panel".

4. Section 13 of the Act is repealed and the following substituted:

Review

13. (1) A teacher who is aggrieved by an issuing of, or refusal to issue, a teaching certificate or licence by the registrar upon examination by the registrar of an application for that certificate or licence may, subject to the regulations, request the registrar to re-examine the application.

(2) A teacher, or the committee, may, subject to the regulations, request the review panel to review a cancellation or suspension of or a refusal to cancel or suspend a teaching certificate or licence made by the review panel.

(3) Subject to the regulations, the registrar shall re-examine the application referred to in subsection (1) and make, within the time limit prescribed by the regulations, his or her decision to the teacher in writing, and that decision shall be given effect in accordance with this Act and the regulations.

(4) Subject to the regulations, the review panel shall review the cancellation or suspension or refusal referred to in subsection (2) and make, within the time limit prescribed by the regulations, to the teacher, and the committee, where an application is made by the committee, its decision which shall be given effect in accordance with this Act and the regulations.

5. Subsection 14(3) of the Act is repealed and the following substituted:

(3) A person who is a member of the committee or the review panel is not eligible for appointment to a board of appeals.

6. Section 15 of the Act is repealed and the following substituted:

Review by appeals board

15. (1) Where

(a) a re-examination conducted under subsection 13(1); or

(b) a review conducted under subsection 13(2),

has not resulted in a settlement of the matter, the teacher or, where the matter is one to which subsection 13(2) applies, the teacher or the committee, may, subject to the regulations, request in writing that the minister submit the matter to a board of appeals.

(2) Subject to the regulations, the minister shall submit the matter to a board of appeals convened under section 14.

(3) Subject to the regulations, a board of appeals shall

(a) notify the teacher or, where the matter is one to which subsection 13(2) applies, the teacher or the committee, or both, of the time the appeal is to be heard;

(b) hear the appeal;

(c) upon the conclusion of the hearing confirm, vary or set aside the finding or decision of the registrar or review panel appealed from; and

(d) communicate in writing its finding or decision to the teacher affected or, where the matter is one to which subsection 13(2) applies, the teacher or the committee, or both.

(4) A decision of a board of appeals made under paragraph (3)(c) shall be given effect in accordance with this Act and the regulations.

(5) For the purpose of a hearing before a board of appeals

(a) a teacher may appear on his or her own behalf or be accompanied or represented by counsel or an agent of his or her choice; and

(b) a member of the committee who has been authorized by the committee to do so may appear before a board of appeals on behalf of the committee and be accompanied or represented by counsel.

(6) Where a teacher or the committee has requested under subsection (1) that the minister submit the matter to a board of appeals and does not

(a) in the case of a teacher, in person or by counsel or agent; or

(b) in the case of the committee, through one of its members or by counsel,

attend the hearing of the appeal after being notified under this section, the board of appeals may proceed to examine the matter in the absence of that teacher or committee member, counsel or agent and to hear their witnesses and to adjudicate on the matter unless the teacher or committee member has, by written notice, advised the board of appeals of a desire to attend the hearing and has set out in the notice the circumstances that prevent that attendance.

(7) The decision of a majority of the members of a board of appeals shall be the decision of the board of appeals and in the event of a tie the decision of the chairperson shall be the decision of the board of appeals.

(8) A finding or decision of a board of appeals is final and binding on the parties to an appeal.

7. Paragraph 16(b) of the Act is amended by striking out the word "committee" and substituting the words "review panel".