Revised Statutes of Newfoundland 1990 Chapter T-1

(g) "division" means a group of grades taught in a school and into which the school grades are divided, including primary division, elementary division, junior high division and senior high division;

(h) "licence" means a licence prescribed by the regulations;

(i) "minister" means the Minister of Education;

(j) "recognized denomination" means a religious denomination for which educational districts have been established and school boards have been appointed under the Schools Act or a predecessor Act to that Act;

(k) "registrar" means the Registrar of Teachers appointed under section 6; and

(l) "student teacher" means a candidate for a certificate or licence.

(2) The expressions "school", "school year" and "teacher" have the meanings assigned to them by the Schools Act.

RSN1970 c103 s2; 1973 No35 Sch; 1983 c43 Sch; 1989 c32 s1

3. Upon the recommendation of the appropriate denominational education council, the Lieutenant-Governor in Council shall appoint,

(a) for a recognized denomination; or

(b) on the request of the component recognized denominations of a recognized denomination for a group of recognized denominations each of which is

represented in the province by not less than 10,000 persons, a board of examiners to consist of not less than 3 nor more than 7 members of that recognized denomination or group of recognized denominations.

RSN1970 c103 s4; 1983 c43 Sch

4. A board of examiners shall prescribe and adopt its constitution, which shall be subject to the approval of the Lieutenant-Governor in Council and the appropriate denominational education council and shall include provisions respecting the calling of and conduct of business at its meetings.

RSN1970 c103 s5; 1983 c43 Sch

5. (1) A board shall be responsible for

(a) recruiting and selecting student teachers and teachers for the schools of the recognized denomination or group of recognized denominations it represents;

(b) examining candidates for the offices of student teacher and recommending to the minister for indenturing those candidates it considers suitable for the teaching profession;

(c) examining applications for initial teaching certificates or licences, excluding examining academic or professional qualifications of applicants, from persons who are adherents of the recognized denomination or of a group of recognized denominations it represents and from persons who are not such adherents but who wish to teach in the schools of that recognized denomination or group of recognized denominations, and recommending to the registrar for certification or licensing those persons it considers to be suitable;

(d) recommending to the committee the suspension or cancellation of the certificate or licence of a teacher who is guilty of gross misconduct, incompetence or for other just cause; and

(e) recommending to the committee the suspension, under section 10, of a certificate or licence of a teacher in a school of the recognized denomination or group of recognized denominations it represents upon the matter being referred to that board by the minister.

(2) The department may recommend to a board the suspension or cancellation of the certificate or licence of a teacher who is guilty of gross misconduct, incompetence or for other just cause.

(3) For the purpose of paragraph (1)(d) and of subsection (2), a teacher includes a superintendent or an assistant district superintendent as defined in the Schools Act.

RSN1970 c103 s6; 1973 No98 s2; 1974 No27 s2; 1989 c32 s2

6. There shall be a Registrar of Teachers to be appointed by the minister.

RSN1970 c103 s7

7. The registrar shall

(a) examine applications for teachers' certificates and licences and issue certificates and licences which have the prior recommendation of a board under paragraph 5(c) and in accordance with this Act and the regulations;

(b) keep and maintain the records of and respecting teachers that the minister may direct;

(d) help boards in teacher recruitment; and

(e) perform other functions and duties that the minister assigns to him or her.

RSN1970 c103 s8; 1973 No98 s3

8. (1) There shall be a Teachers' Certification Committee, the membership of which shall consist of

(a) the registrar;

(b) the executive directors of the denominational educational councils;

(c) an officer of the department nominated by the minister and appointed a member by the Lieutenant-Governor in Council; and

(d) 6 other persons appointed by the Lieutenant-Governor in Council, 2 of whom shall be representative of the Faculty of Education of the Memorial University of Newfoundland, 2 of whom shall be representative of the Newfoundland Teachers' Association referred to in the Teachers' Association Act and the other 2 of whom shall be representative of the Federation of School Boards of Newfoundland.

(2) Notwithstanding paragraph (1)(b), in the absence of an executive director, a representative appointed for the purpose by the appropriate educational council may act on the committee in the place of that executive director and has and may exercise, during that absence, the powers and carry out the duties of that executive director with respect to the committee.

(3) For each of the 6 members appointed under paragraph (1)(d)

(a) the Dean of the Faculty of Education of the Memorial University of Newfoundland;

(b) the executive of the Newfoundland Teachers' Association; or

may appoint an alternate member who, in the absence of the member for whom he or she is the alternate member, may act on the committee for and in the place of that member, and during that absence the alternate member has and may exercise the powers and carry out the duties of that member with respect to the committee.

(4) The registrar shall be chairperson of the committee and the members of the committee shall select 1 of their number to be vice-chairperson.

(5) The chairperson or, in his or her absence, the vice-chairperson shall preside at meetings of the committee, and his or her decision on points of order is final.

(6) Where both the chairperson and the vice-chairperson are absent from a meeting of the committee, the other members of the committee present shall appoint a temporary chairperson who has and may exercise the powers and shall carry out the duties of the chairperson at the meeting.

(7) A member of the committee appointed under paragraph (1)(c) or (d) shall hold office during pleasure.

(8) A majority of the members of the committee shall constitute a quorum.

(9) Where, at a meeting of the committee, there is an equality of votes inclusive of his or her own vote, the presiding member of the committee at that meeting has a 2nd or casting vote.

(10) Where a vacancy occurs in the membership of the committee because of the death, resignation, illness or for another reason of a member referred to in paragraph (1)(c) or (d), the Lieutenant-Governor in Council may appoint a person to replace him or her.

(11) The Lieutenant-Governor in Council may authorize the payment of remuneration and expenses to the members of the committee.

(12) The exercise of the powers of the committee shall not be impaired because of a vacancy in its membership.

(13) Acts done by the committee shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the committee, be as valid as if that defect had not existed.

RSN1970 c103 s9; 1973 No98 s4; 1975 No19 s2; 1983 c43 Sch

9. The committee may, upon the recommendation of a board under paragraph 5(1)(d), suspend or cancel the certificate or licence of a teacher who is guilty of gross misconduct, incompetence or for other just cause.

1989 c32 s3

10. (1) Subject to paragraph 5(1)(e), the committee may suspend for 1 year, or a lesser period specified by it, the certificate or licence of a teacher who,

(a) while required by contract to teach with 1 school board, accepts a position with a 2nd school board without obtaining a written release from the 1st school board;

(b) having contracted to teach with a school board, terminates that contract before beginning service as a teacher with the school board unless, where special circumstances arise which the school board and the teacher agree make it inappropriate for the teacher to fulfil his or her contract, the school board has given the teacher a written release; or

(c) having contracted to teach with a school board terminates that contract without giving to the board the notice required by the collective agreement,

upon notification of the circumstances referred to in paragraph (a), (b) or (c), being given to the minister by

(d) the school board 1st referred to in paragraph (a);

(e) the school board referred to in paragraph (b) or (c)

and, in this section,

(f) "school board" means school board as defined by the Schools Act.

(2) Where a teacher whose certificate or licence has been suspended under subsection (1) owes money to the department, that money shall be withheld by the department from money owing the teacher by way of salary and is forfeited to the department.

(3) In this section "collective agreement" means a collective agreement as defined in the Teachers' Collective Bargaining Act.

1975 No19 s3

11. Subject to the approval of the Lieutenant-Governor in Council, the committee may make regulations

(a) prescribing the number and names of grades of teachers' certificates and licences, and the conditions under which the certificates and licences may be granted;

(b) prescribing the conditions under and the period during which the certificates and licences shall be valid;

(c) prescribing the terms and conditions for the admission and indenturing of student teachers for training at the institutions prescribed under this Act for the training of teachers;

(d) providing for the granting of interim, as well as permanent, teachers' certificates;

(e) providing for academic and professional standards in the training, examining, grading, certification and licensing of teachers, including training, examining, grading, certification and licensing in relation to the divisions in which they shall be qualified to teach;

(f) providing for the training and examining of administrators and supervisory and specialist personnel; and

(g) generally respecting the academic and professional standards in training and classification of teachers.

RSN1970 c103 s12; 1973 No98 s6; 1983 c39 s1

12. The committee shall, when it or the registrar considers it necessary or desirable, advise the registrar on the granting and issuing of teachers' certificates and licences.

RSN1970 c103 s13

13. (1) A teacher or board that is aggrieved by

(a) an issuing of, or refusal to issue, a teaching certificate or licence made 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; or

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

(2) Subject to the regulations, the registrar shall re-examine the application referred to in paragraph (1)(a) and make, within the time limits 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.

(3) Subject to the regulations, the committee shall review the cancellation or suspension or refusal referred to in paragraph (1)(b) and make, within the time limits prescribed by the regulations, to the teacher or board, its decision which shall be given effect in accordance with this Act and the regulations.

1981 c86 s1

14. (1) The minister may convene a board to be known as a board of appeals.

(2) The minister shall appoint to a board of appeals convened under subsection (1)

(a) 1 member nominated by the Newfoundland Teachers' Association;

(b) 1 member nominated by the committee;

(d) 1 member who is an employee of the department.

(3) Notwithstanding subsection (2), a person who is a member of the committee shall not be eligible for appointment to a board of appeals.

(4) The 4 members appointed under subsection (2) shall, within 5 days after the day on which the 4th of them is appointed, nominate a 5th person, who is willing and ready to act, to be a member and chairperson of the board of appeals and the minister shall appoint him or her a member and chairperson of the board of appeals.

(5) Where the 4 members appointed under subsection (2) fail or neglect to make a nomination within 5 days after the appointment of the 4th member, the minister shall immediately appoint, as the 5th member and chairperson of the board of appeals, a person who in his or her opinion is qualified and who has consented to act.

(6) Where a board of appeals is convened under subsection (1), an officer, clerk or employee in the department who is not a member of the board of appeals shall be designated by the minister as secretary of the board of appeals, and the secretary shall keep full records of the proceedings of the board of appeals.

1981 c86 s1

15. (1) Where

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

(b) a review conducted under paragraph 13(1)(b),

has not resulted in a settlement of the matter in relation to which the teacher or board is aggrieved, the teacher or board 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 board that requested the minister to convene a board of appeals 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 committee appealed from; and

(d) communicate in writing its finding or decision to the teacher or board affected.

(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 purposes of a hearing before a board of appeals

(a) a teacher may appear before a board of appeals 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 a board may appear before a board of appeals on behalf of the board or be accompanied or represented by counsel.

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

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

(b) in the case of a board, through 1 of its members or by counsel,

attend the hearing of the appeal after being notified under this section, unless the failure to attend is due to circumstances beyond the control of the teacher or board and the teacher or board has, by written notice, advised the board of appeals of a desire to so attend and sets out, in the notice, the circumstances that prevent that attendance, the board of appeals may proceed in the absence of that teacher, member or council to examine the matter referred to it and to hear witnesses and adjudicate on the matter.

(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.

1981 c86 s1

16. The minister may make regulations respecting matters and prescribing procedures in relation to

(a) the re-examination of an application by the registrar;

(b) the review of a suspension or cancellation or refusal by the committee; and

1981 c86 s1

17. (1) The recognized institutions for training teachers shall be

(a) the Memorial University of Newfoundland;

(b) the Church of England College for student teachers of the Anglican Church of Canada;

(c) the Roman Catholic Colleges, the training schools of the Congregation of Christian Brothers, the Congregation of Mercy and the Congregation of the Presentation, for student teachers of the Roman Catholic Church;

(d) the United Church College for student teachers of the United Church of Canada and Presbyterian Churches;

(e) the principal school of the Salvation Army in St. John's for student teachers of the Salvation Army; and

(f) the principal school of the Pentecostal Assemblies of Newfoundland in St. John's for student teachers of the Pentecostal Assemblies of Newfoundland.

(2) Notwithstanding subsection (1), the committee may designate additional institutions inside or outside of Newfoundland for training teachers and decide the grade of certificate or licence which may be granted to a candidate who has taken a teacher training course at that institution, and institutions which are designated are for the purpose of indenturing student teachers considered to be recognized institutions for training teachers.

RSN1970 c103 s15

18. (1) A person shall not be engaged, appointed, employed or retained to teach in a school, unless he or she holds a valid certificate or licence issued in accordance with the regulations.

(2) A person who does not hold a certificate or licence required by subsection (1) may, with the permission of the minister on the recommendation of the appropriate board, be engaged, appointed, employed or retained to teach in a school by way of emergency supply for a period which the minister may prescribe.

RSN1970 c103 s16

19. A teachers' certificate or licence shall have effect from the 1st day of the month in which the candidate meets the academic and professional qualifications prescribed by the regulations.

1983 c39 s2

20. Notwithstanding anything to the contrary contained in another Act or law, a student teacher who is a minor may execute and deliver an indenture or agreement under the regulations, and an indenture or agreement executed in this manner and delivered by a student teacher who is a minor shall be as valid, and the covenants contained in the agreement shall be as binding on that student teacher as if the student teacher had reached his or her majority before the execution and delivery of the agreement.

RSN1970 c103 s19