BILL 21 – 2007
TEACHING PROFESSION (TEACHER REGISTRATION)
AMENDMENT ACT, 2007
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended by adding the following section:
Employers list
25.1 (1) In this section:
"employer" means a board or an authority that employs a member in the member's capacity as a member;
"prospective employer" means
(a) a board,
(b) an authority, or
(c) a band, as defined in the Indian Act (Canada), that is operating an educational institution
that is considering becoming an employer of a member.
(2) On or before October 15 of each year, an employer must submit to the college information that identifies the members employed by the employer during the previous 12-month period, including information that identifies the members currently so employed, if any, and the college must maintain the information for at least 10 years.
(3) From the information submitted and maintained under subsection (2), the college must create and maintain a list that identifies the employers of every member, and a prospective employer of a member may inspect that list.
(4) A prospective employer that inspects a list under subsection (3) must keep confidential the information obtained from the list.
2 The following sections are added:
Public notification
27.2 (1) Subject to subsection (2), the registrar must notify the public of
(a) the name
(i) of a member, or
(ii) of a person to whom a letter of permission has been issued under section 25
who has been disciplined by the council, and
(b) the reasons why the disciplinary action was taken.
(2) The registrar must withhold notification of the reasons referred to in subsection (1) (b) if the council considers that notification of the reasons would cause significant hardship to a person who was harmed, abused or exploited by the member or by the person to whom a letter of permission was issued under section 25.
(3) The notification required under subsection (1) may be made by posting a notice on the council's web site.
Online registry
27.3 (1) In this section, "authorized person" means
(a) a person who is a member, or
(b) a person to whom a letter of permission has been issued under section 25.
(2) The council must establish and the registrar must maintain an online registry for the purpose of providing the public with the following information about each authorized person:
(a) the authorized person's name;
(b) the current status of the authorized person's certificate of qualification or letter of permission;
(c) a record of any suspensions or cancellations of the authorized person's certificate of qualification or letter of permission;
(d) a record of disciplinary action taken by the council with regard to the authorized person for
(i) misconduct that involved
(A) physical harm to a student or minor,
(B) sexual abuse or sexual exploitation of a student or minor, or
(C) significant emotional harm to a student or minor, or
(ii) conduct or competence that breached the council's standards of professional conduct or competence.
(3) Subject to subsection (4), the record in the online registry of the matters referred to in subsection (2) (d) must state the reasons why the disciplinary action was taken.
(4) The council may withhold or remove from the registry a statement of the reasons referred to in subsection (3) if the council considers that the statement, if included in the registry, would cause significant hardship to a person who was harmed, abused or exploited by the authorized person.
(5) Subject to subsection (6), after a record referred to in subsection (2) (d) has been on the registry for at least 5 years, the authorized person whose misconduct is recorded under subsection (2) (d) may apply to the council to have that record removed from the registry, and the council may remove that record from the registry if it is in the public interest to do so.
(6) Subsection (5) does not apply to a record of any suspensions or cancellations of an authorized person's certificate of qualification or letter of permission.
3 Section 28 is amended
(a) in subsection (4) (b) by adding "or 7.2" after "7",
(b) in subsection (4) by adding the following paragraph:
(b.1) in respect of a member, a report from the minister responsible for the administration of the School Act that the minister received under section 171.1 of that Act, , and
(c) by repealing subsections (4.1) and (4.2).
4 Section 36 is amended by striking out "unless otherwise notified by the council".
Related Amendments
Independent School Act
5 Section 7 of the Independent School Act, R.S.B.C. 1996, c. 216, is repealed and the following substituted:
Report of dismissal, suspension and discipline
regarding certificate holders
7 (1) In this section, "certificate holder" means a person who holds a certificate of qualification issued under the Teaching Profession Act, but does not include a principal.
(2) If a principal
(a) suspends or dismisses a certificate holder, or
(b) disciplines a certificate holder for misconduct that involves
(i) physical harm to a student or minor,
(ii) sexual abuse or sexual exploitation of a student or minor, or
(iii) significant emotional harm to a student or minor,
the principal must without delay send to the council of the College of Teachers a report regarding the suspension, dismissal or disciplinary action.
(3) If an authority suspends or dismisses a certificate holder or disciplines a certificate holder for misconduct referred to in subsection (2) (b),
(a) the authority must without delay notify the principal of the suspension, dismissal or disciplinary action, and
(b) the principal must without delay send to the council of the College of Teachers a report regarding the suspension, dismissal or disciplinary action.
(4) A report referred to in subsection (2) or (3) (b) must
(a) be in writing,
(b) be signed by the principal, and
(c) include reasons for the action taken by the principal or authority.
(5) The principal must send a copy of a report referred to in subsection (2) or (3) (b) to the certificate holder who is suspended, dismissed or disciplined.
(6) If the principal considers any conduct by or competence of a certificate holder to be in breach of the standards of professional conduct or competence established by the College of Teachers, the principal must send to the council of the college a report, in writing, regarding that conduct or competence if it is in the public interest to do so.
(7) The principal must send a copy of the report referred to in subsection (6) to the certificate holder whose conduct or competence is the subject of that report.
(8) If a certificate holder resigns, the principal must
(a) without delay, report the circumstances of the resignation to the council of the College of Teachers if it is in the public interest to do so, and
(b) send a copy of the report to the certificate holder who resigned.
(9) A principal who has made a report to the council of the College of Teachers under this section in respect of a certificate holder must, without delay after being requested to do so by the council,
(a) provide the council with all of the records available to the principal that touch on the matter in respect of which the report was made, and
(b) send a copy of the records referred to in paragraph (a) to the certificate holder.
(10) A principal who fails to report as required under subsection (2), (3) (b) or (8) commits an offence.
Report of dismissal, suspension and discipline
regarding authorized teachers
7.1 (1) In this section, "authorized teacher" means
(a) a person who holds a certificate of qualification issued by the inspector under this Act or the former Act, and
(b) a person with respect to whom a letter of permission has been issued to an authority by the inspector,
but does not include a principal.
(2) If a principal
(a) suspends or dismisses an authorized teacher, or
(b) disciplines an authorized teacher for misconduct referred to in section 7 (2) (b),
the principal must without delay send to the inspector a report regarding the suspension, dismissal or disciplinary action.
(3) If an authority suspends or dismisses an authorized teacher or disciplines an authorized teacher for misconduct referred to in section 7 (2) (b),
(a) the authority must without delay notify the principal of the suspension, dismissal or disciplinary action, and
(b) the principal must without delay send to the inspector a report regarding the suspension, dismissal or disciplinary action.
(4) A report referred to in subsection (2) or (3) (b) must
(a) be in writing,
(b) be signed by the principal, and
(c) include reasons for the action taken by the principal or authority.
(5) The principal must send a copy of a report referred to in subsection (2) or (3) (b) to the authorized teacher suspended, dismissed or disciplined.
(6) The principal must send to the inspector a report, in writing, regarding any conduct or competence by an authorized teacher that, in the principal's opinion, makes the authorized teacher unfit to teach students.
(7) The principal must send a copy of the report referred to in subsection (6) to the authorized teacher whose conduct or competence is the subject of that report.
(8) If an authorized teacher resigns, the principal must
(a) without delay, report the circumstances of the resignation to the inspector if it is in the public interest to do so, and
(b) send a copy of the report to the authorized teacher who resigned.
(9) A principal who has made a report to the inspector under this section in respect of an authorized teacher must, without delay after being requested to do so by the inspector,
(a) provide the inspector with all of the records available to the principal that touch on the matter in respect of which the report was made, and
(b) send a copy of the records referred to in paragraph (a) to the authorized teacher.
(10) A principal who fails to report as required under subsection (2), (3) (b) or (8) commits an offence.
Report of dismissal, suspension and discipline
regarding principals
7.2 (1) If an authority
(a) suspends or dismisses a principal, or
(b) disciplines a principal for misconduct referred to in section 7 (2) (b),
the authority must without delay send a report regarding the suspension, dismissal or disciplinary action
(c) to the council of the College of Teachers, if the principal holds a certificate of qualification under the Teaching Profession Act, or
(d) to the inspector, if the principal holds a certificate of qualification issued by the inspector under this Act or the former Act.
(2) The report referred to in subsection (1) must
(a) be in writing,
(b) be signed by the chair of the authority, and
(c) include reasons for the action taken by the authority.
(3) The authority must send to the principal a copy of the report referred to in subsection (1).
(4) If an authority considers any conduct by or competence of a principal who holds a certificate of qualification issued under the Teaching Profession Act to be in breach of the standards of professional conduct or competence established by the council of the College of Teachers, the authority must send to the council a report, in writing, regarding that conduct or competence if it is in the public interest to do so.
(5) If an authority considers any conduct by or competence of a principal who holds a certificate of qualification issued by the inspector under this Act or the former Act to be conduct or competence that makes the principal unfit to teach students, the authority must send to the inspector a report, in writing, regarding that conduct or competence.
(6) The authority must send to the principal a copy of a report sent under subsection (4) or (5).
(7) If a principal resigns, the authority must
(a) without delay, report the circumstances of the resignation
(i) to the council of the College of Teachers, if the principal holds a certificate of qualification issued under the Teaching Profession Act and it is in the public interest to report the matter, or
(ii) to the inspector, if the principal holds a certificate of qualification issued by the inspector under this Act or the former Act and it is in the public interest to report the matter, and
(b) send a copy of the report to the principal.
(8) An authority that has made a report to the council of the College of Teachers or to the inspector under this section in respect of a principal must, without delay after being requested to do so by the inspector or the council,
(a) provide the council or inspector with all of the records available to the authority that touch on the matter in respect of which the report was made, and
(b) send a copy of the records referred to in paragraph (a) to the principal.
Inspector may investigate
7.3 (1) If the inspector considers that
(a) a principal has failed to report to the council of the College of Teachers under section 7 or to the inspector under section 7.1 a matter that, in the opinion of the inspector, should have been reported,
(b) an authority has failed to notify a principal under section 7 (3) (a) or 7.1 (3) (a) of a matter that, in the opinion of the inspector, should have been the subject of a notice,
(c) an authority has failed to report to the inspector or to the council of the College of Teachers under section 7.2 a matter that, in the opinion of the inspector, should have been reported, or
(d) an authority has failed to submit information as required under section 7.6,
the inspector may authorize a person to investigate the circumstances of the failure.
(2) A person authorized under subsection (1) may
(a) enter a school building or any other building used in conjunction with the independent school or offices of the authority, or any part of them, for the purposes of conducting the investigation,
(b) inspect any record relating to the administration or supervision of the school, and
(c) interview students and teachers of the school and staff of the authority that operates the school.
(3) A person authorized under subsection (1) must submit a report to the inspector in respect of anything resulting from carrying out the person's duties under subsection (1).
(4) After receiving a report referred to in subsection (3) regarding a principal, the inspector may, if satisfied that it is appropriate to do so, submit the report
(a) to the council of the College of Teachers, if the principal holds a certificate of qualification issued under the Teaching Profession Act, and
(b) to the independent school teacher certification committee, if the principal holds a certificate of qualification issued by the inspector under this Act or the former Act.
Public notification
7.4 (1) Subject to subsection (2), the inspector must notify the public of
(a) the name of a person, who holds a certificate of qualification issued by the inspector under this Act or the former Act or with respect to whom a letter of permission has been issued to an authority by the inspector, who has been disciplined by the inspector, and
(b) the reasons why the disciplinary action was taken.
(2) The inspector may withhold notification of the reasons referred to in subsection (1) (b) if the inspector considers that notification of the reasons would cause significant hardship to a person who was harmed, abused or exploited by the person referred to in subsection (1) (a).
(3) The notification required under subsection (1) may be made by posting a notice on a web site maintained by the inspector.
Online registry
7.5 (1) In this section, "authorized person" means
(a) a person who holds a certificate of qualification issued by the inspector under this Act or the former Act, or
(b) a person with respect to whom a letter of permission has been issued to an authority by the inspector.
(2) The inspector must establish and maintain an online registry for the purpose of providing the public with the following information about each authorized person:
(a) the authorized person's name;
(b) the current status of the authorized person's certificate of qualification or letter of permission;
(c) a record of any suspensions or revocations of the authorized person's certificate of qualification or letter of permission;
(d) a record of disciplinary action taken by the inspector with regard to the authorized person for misconduct that involved
(i) physical harm to a student or minor,
(ii) sexual abuse or sexual exploitation of a student or minor, or
(iii) significant emotional harm to a student or minor.
(3) Subject to subsection (4), the record in the online registry of the matters referred to in subsection (2) (d) must state the reasons why the disciplinary action was taken.
(4) The inspector may withhold or remove from the registry a statement of the reasons referred to in subsection (3) if the inspector considers that the statement, if included in the registry, would cause significant hardship to a person who was harmed, abused or exploited by the authorized person.
(5) Subject to subsection (6), after a record referred to in subsection (2) (d) has been on the registry for at least 5 years, the authorized person whose misconduct is recorded under subsection (2) (d) may apply to the inspector to have that record removed from the registry, and the inspector may remove that record from the registry if it is in the public interest to do so.
(6) Subsection (5) does not apply to a record of any suspensions or cancellations of a person's certificate of qualification.
Employers list
7.6 (1) In this section:
"employee" means
(a) a person who holds a certificate of qualification issued by the inspector under this Act or the former Act, or
(b) a person with respect to whom a letter of permission has been issued to an authority by the inspector;
"prospective employer" means
(a) an authority,
(b) a board, or
(c) a band, as defined in the Indian Act (Canada), that is operating an educational institution
that is considering becoming an employer of an employee.
(2) On or before October 15 of each year, an authority must submit to the inspector information that identifies the employees employed by the authority during the previous 12-month period, including information that identifies employees currently so employed, if any, and the inspector must maintain the information for at least 10 years.
(3) From the information submitted and maintained under subsection (2), the inspector must create and maintain a list that identifies the employers of every employee, and a prospective employer of an employee may inspect that list.
(4) A prospective employer that inspects a list under subsection (3) must keep confidential the information obtained from the list.
School Act
6 Section 16 of the School Act, R.S.B.C. 1996, c. 412, is repealed and the following substituted:
Report of dismissal, suspension and discipline
regarding applicable persons
16 (1) In this section, "applicable person" means a member of the college or a person holding a letter of permission issued under section 25 (2) of the Teaching Profession Act, but does not include a superintendent.
(2) If a superintendent of schools suspends an applicable person, the superintendent must without delay send to the council of the college a report regarding the suspension.
(3) If a board
(a) suspends or dismisses an applicable person, or
(b) disciplines an applicable person for misconduct that involves
(i) physical harm to a student or minor,
(ii) sexual abuse or sexual exploitation of a student or minor, or
(iii) significant emotional harm to a student or minor,
the board must without delay notify the superintendent of schools of the suspension, dismissal or disciplinary action, and the superintendent must without delay send to the council of the college a report regarding the suspension, dismissal or disciplinary action.
(4) A report referred to in subsection (2) or (3) must
(a) be in writing,
(b) be signed by the superintendent of schools, and
(c) include reasons for the action taken by the board or superintendent.
(5) The superintendent of schools must send a copy of a report referred to in subsection (2) or (3) to the applicable person who is suspended, dismissed or disciplined.
(6) If the superintendent of schools considers any conduct by or competence of an applicable person to be in breach of the college's standards of professional conduct or competence, the superintendent must send to the council of the college a report, in writing, regarding that conduct or competence if it is in the public interest to do so.
(7) The superintendent of schools must send a copy of the report referred to in subsection (6) to the applicable person whose conduct or competence is the subject of that report.
(8) If an applicable person resigns, the superintendent of schools must
(a) without delay, report the circumstances of the resignation to the council of the college if it is in the public interest to do so, and
(b) send a copy of the report to the applicable person who resigned.
(9) A superintendent of schools who has made a report to the council of the college under this section in respect of an applicable person must, without delay after being requested to do so by the council,
(a) provide the council with all of the records available to the superintendent that touch on the matter in respect of which the report was made, and
(b) send a copy of the records referred to in paragraph (a) to the applicable person.
(10) A superintendent of schools who fails to report as required under subsection (2), (3) or (8) commits an offence.
Report of dismissal, suspension and discipline
regarding superintendents
16.1 (1) If a board
(a) suspends or dismisses a superintendent of schools, or
(b) disciplines a superintendent of schools for conduct referred to in section 16 (3) (b),
the board must without delay send to the council of the college a report regarding the suspension, dismissal or disciplinary action.
(2) The report referred to in subsection (1) must
(a) be in writing,
(b) be signed by the chair of the board, and
(c) include reasons for the action taken by the board.
(3) The board must send to the superintendent of schools a copy of the report referred to in subsection (1).
(4) If the board considers any conduct by or competence of a superintendent of schools to be in breach of the college's standards of professional conduct or competence, the board must send to the council of the college a report, in writing, regarding that conduct or competence if it is in the public interest to do so.
(5) The board must send to the superintendent of schools a copy of the report sent under subsection (4).
(6) If a superintendent of schools resigns, the board must
(a) without delay, report the circumstances of the resignation to the council of the college if it is in the public interest to do so, and
(b) send a copy of the report to the superintendent.
(7) A board that has made a report to the council of the college under this section in respect of a superintendent of schools must, without delay after being requested to do so by the council,
(a) provide the council with all of the records available to the board that touch on the matter in respect of which the report was made, and
(b) send a copy of the records referred to in paragraph (a) to the superintendent.
7 Section 171.1 (1) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:
(c) if the minister considers that
(i) a superintendent of schools has failed to report to the council of the college under section 16 a matter that, in the opinion of the minister, should have been reported,
(ii) a board has failed to notify a superintendent of schools under section 16 (3) of a matter that, in the opinion of the minister, should have been the subject of a notice,
(iii) a board has failed to report to the council of the college under section 16.1 a matter that, in the opinion of the minister, should have been reported, or
(iv) a board has failed to submit to the college information as required under section 25.1 of the Teaching Profession Act,
to investigate the circumstances of the failure.
Commencement
8 This Act comes into force by regulation of the Lieutenant Governor in Council.
Explanatory Notes
SECTION 1: [Teaching Profession Act, sections 25.1, 27.2 and 27.3] adds provisions
requiring members to submit a list of employers.
SECTION 2: [Teaching Profession Act, sections 25.1, 27.2 and 27.3] adds provisions
requiring
- the college to notify the public of the name of a disciplined member and the reasons why the member was disciplined, and
- the council of the college to establish an online registry.
SECTION 3: [Teaching Profession Act, section 28] includes a reference to a report submitted
by the minister responsible for the administration of the School Act regarding
a school principal who has failed to make a report regarding a disciplined
member, and repeals two provisions requiring the council or discipline committee
to suspend proceeding against a person if a grievance has been taken
under a collective agreement.
SECTION 4: [Teaching Profession Act, section 36] eliminates the council's discretion to
alter the obligations of the registrar when a member is disciplined.
Independent School Act
SECTION 5: [Independent School Act, sections 7 and 7.1 to 7.6] adds provisions
- requiring school principals to report, either to the College of Teachers or to the inspector, if a teacher is suspended, dismissed or disciplined or if the teacher retires,
- requiring an authority to report, either to the College of Teachers or to the inspector, if a principal is suspended, dismissed or disciplined or if the principal retires,
- allowing the inspector to authorize a person to investigate the circumstances surrounding a principal's failure to make a report under section 7 or 7.1, or an authority's failure to provide a notice under section 7 or 7.1,
- requiring the inspector to notify the public of the name of a disciplined teacher and the reasons why the teacher was disciplined,
- requiring the inspector to maintain an online registry, and
- requiring certain teachers to submit a list of employers.
School Act
SECTION 6: [School Act, sections 16 and 16.1] requires
- school superintendents to report to the College of Teachers if a member of the college is suspended, dismissed or disciplined or if the member retires, and
- school boards to report to the College of Teachers if a superintendent is suspended, dismissed or disciplined or if the superintendent retires.
SECTION 7: [School Act, section 171.1] authorizes the minister to appoint a special advisor
to investigate the circumstances attending a superintendent's failure to
make a report under section 16 or a board's failure to provide a notice under
section 16.
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