BILL 55 – 2004
TEACHING PROFESSION AMENDMENT ACT, 2004

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended by repealing the definitions of "certified" and "letter of permission" and adding the following definitions:

"certificate holder" means a person who holds a certificate of qualification;

"certificate of qualification" means a certificate of qualification issued under this Act;

"letter of permission" means a letter from the college authorizing a person to give tuition or instruction without being a member; .

2 Section 3 is repealed and the following substituted:

Membership

3 (1) The members of the college are the certificate holders.

(2) The council may publish a notice at least once in each of 4 consecutive weeks in at least one newspaper having general circulation in British Columbia stating

(a) the date, on or before the first publication of the notice, that will be used in the calculation of a certificate holder's arrears for the purposes of paragraph (b), and

(b) the date, at least 90 days after the fourth week of publication of the notice, on which the certificates of qualification will be cancelled for all certificate holders for whom fees required to be paid under section 23 (1) (h), calculated as of the date referred to in paragraph (a), remain in arrears.

(3) If a certificate holder to whom a notice under subsection (2) applies has not paid the arrears applicable to the certificate holder by the date referred to in subsection (2) (b), the certificate of qualification of the certificate holder is cancelled without further notice or a hearing.

(4) The notice under subsection (2) need not name individual certificate holders and must be considered to adequately identify each certificate holder under subsection (1) to whom it applies for the purposes of subsection (2) (b) if it states that it applies to all certificate holders under subsection (1) for whom fees required to be paid under section 23 (1) (h) are in arrears as of the applicable date referred to in subsection (2) (a).

(5) If a person whose certificate of qualification is cancelled under subsection (3) was not in fact in arrears or paid the arrears by the date referred to in subsection (2) (b), the college must reinstate the person's certificate of qualification without recourse to sections 25 and 26.

(6) Subject to subsection (5), sections 25 and 26 apply to a person whose certificate of qualification is cancelled under this section.

(7) A member may relinquish their certificate of qualification by giving written notice to the registrar.

3 Section 4 is repealed and the following substituted:

Object

4 It is the object of the college to establish, having regard to the public interest, standards for the education, professional responsibility and competence of certificate holders and applicants for certificates of qualification and, consistent with that object, to encourage the professional interest of certificate holders in those matters.

4 Section 5 (2) (a) and (b) is repealed and the following substituted:

(a) 12 members elected to serve on the council as the representatives of the zones;

(b) 7 persons appointed by the Lieutenant Governor in Council on the recommendation of the minister, at least 3 of whom must be members; .

5 Section 9 is repealed and the following substituted:

Elections and term of office

9 (1) The college must hold elections for the persons referred to in section 5 (2) (a) during the period from the date this subsection comes into force to November 30, 2004.

(2) Persons elected to the council under subsection (1) for zones 1, 3, 8 and 10 serve for a term ending July 31, 2005.

(3) Persons elected to the council under subsection (1) for zones 2, 7, 9 and 12 serve for a term ending July 31, 2006.

(4) Persons elected to the council under subsection (1) for zones 4, 5, 6 and 11 serve for a term ending July 31, 2007.

(5) The college must hold elections during the period of April 15 to June 7 to fill the vacancies on council arising that year at the end of the terms of the persons referred to in subsections (2), (3) and (4) respectively.

(6) As vacancies arise on council at the end of the terms of the persons elected under subsection (5) or this subsection, the college must hold elections during the period of April 15 to June 7 to fill the vacancies.

(7) The term of office of persons elected as described in subsection (5) or (6) is 3 years from August 1 following the date of the election.

Oath of office

9.1 (1) Before taking office, a person elected or appointed to the council must take and sign, by oath or solemn affirmation, a prescribed oath of office within the following applicable time limit:

(a) 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;

(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;

(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.

(2) The oath must be taken before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, the secretary treasurer of a school board or the registrar of the college and the person taking the oath must obtain the completed oath or a certificate of it from the person administering it.

(3) A person appointed or elected to the council must present the completed oath required by subsection (1) or a certificate of it to the registrar of the college within the applicable time limit under subsection (1) (a), (b) or (c) and before the person takes office on the council.

(4) 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 vacancy

(a) may be filled under section 5 if the person was appointed under section 5 (2) (b) or (c),

(b) subject to section 11 (3), must be filled under section 11 if the person was elected under section 9 or 11 (1), and

(c) must be filled under section 13 if the person was appointed under section 13 (1).

(5) After reasonable notice to a member of the council, the council, by resolution passed by the vote of at least 2/3 of the other council members voting on the resolution, may reprimand, suspend or remove a member of council described by section 5 (2) (a) from the council if the council is satisfied that the person has contravened a term of the oath required by subsection (1).

(6) If a person is suspended from the council under subsection (5), the person may not participate as a member of the council unless the suspension is lifted.

(7) If a person is removed from the council under subsection (5), the person ceases to be a member of the council and section 11 applies.

6 Section 11 (1) and (3) is amended by striking out "18 months" and substituting "30 months".

7 Section 21 is amended

(a) in paragraphs (b) and (d) by striking out "or for membership in the college",

(b) in paragraph (e) (ii) by striking out "programs", and

(c) by adding the following paragraph:

(e.1) appoint as a member of any committee a member of the college who is not a member of the council; .

8 Section 22 is amended

(a) by repealing subsections (1) and (3),

(b) in subsection (2) by striking out "who does not hold a certificate of qualification" and by striking out "was" and substituting "were", and

(c) by repealing subsection (4) and substituting the following:

(4) If an adverse determination respecting a former member is made under section 34 (b), the council, by a resolution passed by the vote of a majority of the council members present at a duly constituted meeting of the council, may

(a) reprimand the former member, or

(b) direct that, for a set or indeterminate period, the former member may not be issued a certificate of qualification.

9 Section 23 (1) is amended

(a) by repealing paragraph (f) and substituting the following:

(f) respecting the standards of fitness of persons to whom the council may issue a certificate of qualification; ,

(b) by repealing paragraph (h) and substituting the following:

(h) requiring fees to be paid to the college for the issue of certificates of qualification, to maintain certificates of qualification and for other purposes incidental to the purposes of the college, prescribing the amount of the fees and providing for the suspension or cancellation of certificates of qualification for default in payment of fees; ,

(c) in paragraph (i) by striking out "programs", and

(d) in paragraph (o) by adding "21 (e.1)," after "sections".

10 Section 25 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) issue a certificate of qualification to a person unless the person

(i) meets the standards of qualifications and the standards of fitness established by bylaw under section 23, and

(ii) satisfies the council that the person is of good moral character and is otherwise fit and proper to be granted a certificate of qualification; , and

(b) by repealing subsection (3).

11 Section 26 (4) and (6) is repealed and the following substituted:

(4) The qualifications committee may inquire into applications for certification, renewal of certification and reinstatement of certification.

(4.1) Bylaws under section 23 (1) (g) must provide for a written report by the qualifications committee of the facts as found by that committee and a written report to the council of the result of an inquiry by the qualifications committee.

(4.2) Bylaws made under section 23 (1) (g) may provide that the qualifications committee may exercise the qualification powers of the council.

(6) If an inquiry is held under subsection (4), the council or the qualifications committee, if authorized by the bylaws made under section 23 (1) (g), must immediately after an inquiry

(a) accept all or any part of the findings and recommendations,

(b) conduct a further inquiry concerning all or any part of the findings and recommendations not accepted by it, or

(c) refer all or any part of the findings and recommendations back to the qualifications committee, or a subcommittee appointed under subsection (1.1), for further consideration.

12 Section 27 is amended

(a) in subsections (1), (1.1), (2) and (3) by striking out "programs", and

(b) by repealing subsection (4) and substituting the following:

(4) The teacher education committee may

(a) cooperate with teacher education institutions in the design of teacher education programs, and

(b) in cooperation with the qualifications and discipline committees, develop specific programs to assist individual teachers.

13 Section 27.1 (1) is repealed and the following substituted:

(1) In this section, "student" means a student as defined in the School Act and the Independent School Act and includes a child registered under section 13 of the School Act.

(1.1) A member who has reason to believe that another member is guilty of professional misconduct that involves any of the following must promptly provide to the registrar a written and signed report on the matter:

(a) physical harm to a student;

(b) sexual abuse or sexual exploitation of a student;

(c) significant emotional harm to a student.

14 Section 35 (3) is repealed.

15 Section 36 is repealed and the following substituted:

Action by registrar

36 If a member is reprimanded, or the certificate of qualification of a member is suspended or cancelled, unless otherwise notified by the council the registrar must

(a) notify each board and authority in British Columbia,

(b) notify the minister, and

(c) record the fact in the register of members.

16 Section 37 is amended by striking out "of membership and of a certificate of qualification of a member in the college" and substituting "of a certificate of qualification of a member".

17 Section 39 (1) is amended by striking out "on conditions that the council considers fit to impose by the resolution." and substituting "if the person's certificate of qualification is renewed or reinstated."

 
Consequential Amendments

 
Independent School Act

18 Section 7 of the Independent School Act, R.S.B.C. 1996, c. 216, is amended

(a) in subsection (1) by striking out "a member of the College of Teachers established under the Teaching Profession Act or" and by striking out "member of the College of Teachers or",

(b) in subsection (2) by striking out "a member of the College of Teachers or" and by striking out "member of the College of Teachers or", and

(c) in subsection (3) by striking out "a member of the College of Teachers or" and by striking out "the member of the College of Teachers or".

 
School Act

19 Section 19 (1) (a) of the School Act, R.S.B.C. 1996, c. 412, is amended by striking out "is a member of the college and".

 
Teaching Profession Amendment Act, 2003

20 Sections 10 and 18 of the Teaching Profession Amendment Act, 2003, S.B.C. 2003, c. 43, are repealed.

 
Transitional Provision

Transitional -- Teaching Profession Act

21 (1) For elections or appointments to the council under the Teaching Profession Act, R.S.B.C. 1996, c. 449, in 2004, persons elected or appointed under that Act take office immediately on producing the completed oath or certificate to the registrar.

(2) The time limits set out in section 9.1 (1) of the Teaching Profession Act, as enacted by section 5 of this Act, apply for the purposes of subsection (1) of this section.

(3) On the coming into force of section 9 of the Teaching Profession Act, as enacted by section 5 of this Act, section 16 (1) of the Teaching Profession Act ceases to apply until a date the minister specifies by order, and during the period when section 16 (1) does not apply, the chair of the council under that Act is to be a member of the council elected as chair by the council on a date to be specified by the minister by order.

(4) For the purposes of election to the council under the Teaching Profession Act in 2004 only, section 7 (c) of that Act does not apply, and the written consent of the member for the nomination must be filed with the registrar within 7 days after the date set by the college for the close of nominations.

(5) For the purposes of the election referred to in subsection (4), the time limits established by bylaws of the college have no effect and the registrar must establish appropriate time limits for the purposes of that election.

(6) This section is repealed by regulation of the Lieutenant Governor in Council.

Commencement

22 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: