Practice Review Bylaws

Definitions

1

(1)

In these Bylaws,

 

 

(a)

“Appeal Committee” means the Professional Practice Appeal Committee established under section 5;

 

 

(b)

“Assistant Principal” means any teacher designated by a school board to act in a capacity assisting the principal with his or her functions as a principal and includes teachers designated as a “vice principal” or “associate principal”;

 

 

(c)

“Association” means The Alberta Teachers’ Association;

 

 

(d)

“complainant” means a person who has made a complaint under section 10(1);

 

 

(e)

“Complainant Appeal Committee” means the Professional Practice Complainant Appeal Committee established under section 4;

 

 

(f)

“complaint” means a complaint made under section 10(1);

 

 

(g)

“Executive Council” means the Provincial Executive Council of the Association;

 

 

(h)

“Executive Secretary” means the chief executive officer of the Association or a person designated by the chief executive officer;

 

 

(i)

“hearing committee” means a committee of the Professional Practice Review Committee established under section 3;

 

 

(j)

“investigated teacher” means an active member of the Association with respect to whose professional practice an investigation is conducted or a hearing held under these bylaws;

 

 

(k)

“Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for the Teaching Profession Act;

 

 

(l)

“professional competence” means the quality of the teacher’s professional practice which meets the requirements of the Teaching Quality Standard;

 

 

(m)

“Professional Practice Review Committee” means the Professional Practice Review Committee established under section 2;

 

 

(n)

“Registrar” means the Registrar appointed under section 2 of the Practice Review of Teachers Regulation (AR4/99);

 

 

(o)

“school board” means a board as defined in the School Act;

 

 

(p)

“superintendent” means a superintendent appointed by a school board pursuant to section 113 of the School Act or, excepting sections 12 and 13, a person designated in writing by the superintendent;

 

 

(q)

“teacher” means an active member of the Association who holds a certificate issued by the Registrar under the Certification of Teachers Regulation (AR3/99) or a predecessor to that regulation;

 

 

(r)

“Teacher Growth, Supervision and Evaluation Policy” means the policy by this name adopted by Alberta Education on February 26, 1998 and updated in January 2003;

 

 

(s)

“Teaching Quality Standard” means Teaching Quality Standard Applicable to the Provision of Basic Education in Alberta (Ministerial Order 016/97) as established by the Minister.

 

(2)

Unless otherwise specified, reference to a “section” means to a section of these Bylaws.

 

(3)

A reference in these Bylaws to a statutory regulation, ministerial order or policy is a reference to the statutory regulation, ministerial order or policy in effect at the time of the behaviour which is the subject of the complaint.

Professional Practice Review Committee

2

There is hereby established the Professional Practice Review Committee composed of:

 

(a)

not fewer than 7 members of the Association who are appointed by the Executive Council, and

 

(b)

3 members of the public who are not members of the Association and who are appointed by the Lieutenant Governor in Council after the Minister has consulted with the Executive Council.

Hearing Committees

3

(1)

When the Executive Secretary or the Complainant Appeal Committee directs that a hearing before the Professional Practice Review Committee take place, then the Executive Secretary shall appoint members to a hearing committee of the Professional Practice Review Committee and shall designate one member as Chair.

 

(2)

A hearing committee must be composed of the following persons appointed by the Executive Secretary:

 

 

(a)

two teachers from the Professional Practice Review Committee under section 2(a);

 

 

(b)

one principal or assistant principal from the Professional Practice Review Committee under section 2(a);

 

 

(c)

one central office-based administrator from the Professional Practice Review Committee under section 2(a); and

 

 

(d)

one member of the public from the Professional Practice Review Committee under section 2(b).

Professional Practice Complainant Appeal Committee

4

(1)

There is hereby established the Professional Practice Complainant Appeal Committee composed of:

 

 

(a)

not fewer than two and not more than four members of the Association who are appointed by the Executive Council, and

 

 

(b)

one member of the public who is not a member of the Association and who is appointed by the Lieutenant Governor in Council after the Minister has consulted with the Executive Council.

 

(2)

A person who is appointed as a member of the Professional Practice Review Committee is not eligible to be appointed as a member of the Complainant Appeal Committee.

Professional Practice Appeal Committee

5

(1)

There is hereby established the Professional Practice Appeal Committee composed of:

 

 

(a)

not fewer than three and not more than five members of the Association who are appointed by the Executive Council, and

 

 

(b)

one member of the public who is not a member of the Association and who is appointed by the Lieutenant Governor in Council after the Minister has consulted with the Executive Council.

 

(2)

A person who is appointed as a member of the Professional Practice Review Committee is not eligible to be appointed as a member of the Professional Practice Appeal Committee.

Association Members

6

(1)

The Association members of the Professional Practice Review Committee, the Complainant Appeal Committee, and the Appeal Committee shall be appointed by a resolution of the Executive Council.

 

(2)

The Association members of the Professional Practice Review Committee, the Complainant Appeal Committee, and the Appeal Committee shall be appointed for a term of three years from the effective date of appointment and may be renewed by the Executive Council for up to three further terms not to exceed a total of four terms.

 

(3)

If an Association member is unwilling or unable to complete a term on the Professional Practice Review Committee, the Complainant Appeal Committee, and the Appeal Committee, the Executive Council may appoint a member to complete the unexpired term of the vacating member.

 

(4)

The Executive Council may appoint a Chair of the Complainant Appeal Committee and the Appeal Committee for such period and upon such terms as it considers advisable.

 

(5)

The fees and expenses payable to Association members of the Professional Practice Review Committee, the Complainant Appeal Committee and the Appeal Committee shall be contained in a schedule that is approved from time to time by the Executive Council.

Public Members

7

(1)

A member of the public appointed to the Professional Practice Review Committee, the Complainant Appeal Committee or the Appeal Committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

 

(2)

The Minister may pay to a member of the public appointed to a committee referred to in subsection (1) traveling and living expenses incurred by that member for attendance at a meeting of the committee away from the member’s usual place of residence and fees in an amount prescribed by the Minister.

 

(3)

The Lieutenant Governor in Council may revoke the appointment of a member of the public.

 

(4)

If there are no public members of the Professional Practice Review Committee, the Professional Practice Complainant Appeal Committee, or the Professional Practice Appeal Committee, then notwithstanding sections 3(2)(d), 4(1)(b), 5(1)(b), and section 9, the respective committees may proceed with their respective hearings, reviews, and appeals without a public member.

Continuation of Term to Conclusion of a Hearing

8

A member of the Professional Practice Review Committee, the Professional Practice Complainant Appeal Committee or the Professional Practice Appeal Committee whose term of office expires before the committee concludes the hearing, review or appeal of a matter, as the case may be, shall continue to act as a member of the committee until that matter is concluded, notwithstanding that in the meantime another person has been appointed to fill that member’s position on that committee.

Quorum

9

(1)

A quorum for a hearing committee shall be all of the persons appointed by the Executive Secretary to the hearing committee pursuant to section 3(2).

 

(2)

A quorum for the Complainant Appeal Committee shall be:

 

 

(a)

two members of the Association who are members of the Complainant Appeal Committee, and

 

 

(b)

one member of the public who is a member of the Complainant Appeal Committee.

 

(3)

A quorum for the Appeal Committee shall be:

 

 

(a)

two members of the Association who are members of the Appeal Committee, and

 

 

(b)

one member of the public who is a member of the Appeal Committee.

 

(4)

If a member of the Professional Practice Review Committee, the Professional Practice Complainant Appeal Committee or the Professional Practice Appeal Committee dies, becomes incapacitated, resigns, or has their appointment revoked prior to the conclusion of a hearing, review, or appeal, then the remaining members of the committee may continue to complete the matter.

Making a Complaint

10

(1)

Any person may make a complaint concerning the professional competence of a teacher with respect to teaching students.

 

(2)

A complaint under section 10(1) may only be made with respect to concerns about the professional competence of a teacher that occurred less than 2 years prior to the complaint.

 

(3)

A complaint shall be in writing and signed by the person making it and submitted to the superintendent of the school board employing the teacher.

 

(4)

Before acting on a complaint, the superintendent shall:

 

 

(a)

meet with the complainant to discuss the nature of the complaint; and

 

 

(b)

ensure that the complainant has attempted to address the complaint with the teacher and the principal concerned.

 

(5)

A complaint shall be investigated and dealt with in accordance with these Bylaws.

 

(6)

Despite not receiving a complaint under this section, if a superintendent has reasonable grounds to question the professional competence of a teacher who is an active member of the Association, the superintendent may initiate an investigation in accordance with these Bylaws provided that the investigation is with respect to concerns about the professional competence of a teacher that occurred less than 2 years prior to the initiation of the investigation.

 

(7)

If after a person’s membership in the Association lapses or has been suspended or cancelled

 

 

(a)

a complaint is made about the former member, and

 

 

(b)

the complaint relates to the professional competence of the teacher before the lapse, suspension or cancellation,

 

 

the complaint shall be dealt with under these Bylaws as if the lapse, suspension or cancellation had not occurred, if the complaint is made within two years after the date of the lapse, suspension or cancellation.

Investigation

11

(1)

Subject to section 10(4), upon receiving a complaint under section 10(1) or upon initiating an investigation under section 10(6), the superintendent shall investigate whether the investigated teacher is meeting the Teaching Quality Standard and shall advise the complainant, if any, and the investigated teacher that an investigation is being conducted.

 

(2)

When conducting an investigation under subsection (1), the superintendent shall ensure that the Teacher Growth, Supervision and Evaluation Policy has been followed.

Superintendent’s Report Considered

12

(1)

If on completing an investigation the superintendent concludes that

 

 

(a)

the Teaching Quality Standard is not being met by the investigated teacher,

 

 

(b)

the Teacher Growth, Supervision and Evaluation Policy has been followed with respect to the investigated teacher, and

 

 

(c)

the investigated teacher’s suitability for certification is in question,

 

 

then the superintendent shall within 30 days make a report to that effect to the Executive Secretary.

 

(2)

Within 30 days of receiving the report under section 12(1), the Executive Secretary shall direct that a hearing take place by the Professional Practice Review Committee to consider the professional competence of the investigated teacher and notify the Registrar.

Complainant and Investigated Teacher Advised

13

(1)

The superintendent shall advise the complainant, if any, and the investigated teacher in writing when the investigation is complete, and that

 

 

(a)

the investigated teacher’s professional competence will be assessed by the Professional Practice Review Committee, or

 

 

(b)

the investigated teacher’s professional competence will not be assessed by the Professional Practice Review Committee and shall provide reasons for the decision. The superintendent shall advise the complainant, if any, that the complainant has the right to request a review by the Complainant Appeal Committee of the superintendent’s decision. A copy of the notification to the complainant shall be provided to the Executive Secretary.

Complainant’s Request for Review

14

(1)

The complainant, within 30 days after receiving notice that the investigated teacher’s professional competence will not be assessed by the Professional Practice Review Committee, may by notice in writing to the Executive Secretary request a review of the superintendent’s decision by the Complainant Appeal Committee.

 

(2)

A request under subsection (1) must include:

 

 

(a)

reasons why the complainant believes that the superintendent should have made a report under section 12(1) thereby requiring that a hearing be held by the Professional Practice Review Committee, and

 

 

(b)

a fee in the amount of $250.

 

(3)

On receiving notice under subsection (1), the Executive Secretary must notify the investigated teacher and the superintendent that the Executive Secretary has received a request for a review and refer the matter to the Complainant Appeal Committee.

 

(4)

At least 15 days before the date set for a review, the Complainant Appeal Committee shall notify the complainant, the investigated teacher and the superintendent:

 

 

(a)

of the date, time and location of the review, and

 

 

(b)

of their right to make representations to the Complainant Appeal Committee.

 

(5)

If new information is available to the Complainant Appeal Committee that was not available to the superintendent, the Committee may, in making its decision, consider the information if it is relevant.

 

(6)

The Complainant Appeal Committee shall notify the complainant, the investigated teacher, the Executive Secretary, and the superintendent in writing of its decision with reasons.

 

(7)

The Complainant Appeal Committee may:

 

 

(a)

affirm the decision not to have the teacher’s professional competence assessed by the Professional Practice Review Committee, or

 

 

(b)

direct that the teacher’s professional competence be assessed by the Professional Practice Review Committee.

Notice of Hearing

15

(1)

A hearing committee shall, on referral to it of a matter in accordance with these Bylaws, hold a hearing.

 

(2)

A hearing under subsection (1) shall be commenced within 120 days after the date on which the matter is referred to the hearing committee by the Executive Secretary or within any other reasonable period set by the Executive Council.

 

(3)

At least 15 days before the date set for a hearing, the Executive Secretary shall serve on the investigated teacher and the superintendent a notice stating:

 

 

(a)

the date, time and location of the hearing, and

 

 

(b)

reasonable particulars of the matter to be heard.

Representation Before the Professional Practice Review Committee

16

(1)

The investigated teacher, the Association and the hearing committee may each be represented by counsel or an agent at a hearing before the hearing committee.

 

(2)

The Executive Secretary will appoint a professional officer of the Association or legal counsel to represent the Association at the hearing and to present the case against the investigated teacher.

Public Hearing

17

A hearing before a hearing committee must be open to the public unless in the opinion of the hearing committee the interests of any person other than the investigated teacher may be detrimentally affected if the hearing is not held in private.

Evidence

18

Evidence may be given before a hearing committee in any manner that the hearing committee considers appropriate, and the hearing committee is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Compellable Witness

19

(1)

The investigated teacher and any other person who, in the opinion of the hearing committee, has knowledge of the matter being heard are compellable witnesses in any proceeding under these Bylaws.

 

(2)

A witness may be examined under oath on anything relevant to the hearing before a hearing committee and shall not be excused from answering any question on the ground that the answer might tend to:

 

 

(a)

incriminate the witness,

 

 

(b)

subject the witness to a penalty under an enactment, or

 

 

(c)

establish the witness’s liability:

 

 

 

(i) to a civil proceeding at the instance of the Crown or of any other person, or

 

 

 

(ii) to prosecution under any enactment,

 

but if the answer so given tends to incriminate the witness, subject the witness to punishment or establish the witness’s liability, it shall not be used or received against the witness in any civil proceedings or in any proceedings under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.

Commission Evidence

20

For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court of Queen’s Bench, on an ex parte application by the Association, may direct the issuing of a commission for obtaining the evidence of the witness, and the commission shall be issued and the evidence taken pursuant to the Alberta Rules of Court.

Notice to Attend and Produce Records

21

(1)

The attendance of witnesses before the hearing committee and the production of records may be enforced by a notice issued by the Executive Secretary requiring the witness to attend and stating the date, time and location at which the witness is to attend and the records, if any, that the witness is required to produce.

 

(2)

On written request of the investigated teacher or the teacher’s counsel or agent, the Executive Secretary shall, without charge, issue and deliver to the investigated teacher or that person’s counsel or agent, any notices that the investigated teacher requires for the attendance of witnesses or the production of any record.

 

(3)

A witness, other than the investigated teacher, who has been served with a notice to attend or a notice for production of any record under subsection (1) or (2) is entitled to be paid the same fees as are payable to a witness in an action in the Court of Queen’s Bench. Responsibility for fees payable to a witness, other than the investigated teacher, who has been served notice at the request of the Association, shall be borne by the Association and responsibility for fees payable to a witness who has been served notice at the request of the investigated teacher shall be borne by the investigated teacher.

Civil Contempt Proceedings

22

(1)

Proceedings for civil contempt of court may be brought before the Court of Queen’s Bench against a witness:

 

 

(a)

who fails

 

 

 

(i) to attend before a hearing committee in compliance with a notice to attend or

 

 

 

(ii) to produce records in compliance with a notice to produce them, or

 

 

(b)

who refuses to be sworn or to answer any question that the witness is directed by a hearing committee to answer.

 

(2)

The Chair of a hearing committee may make a complaint with respect to the failure or refusal of a member under subsection (1) and the failure or refusal may be referred to the Executive Secretary for investigation under section 24(1) of the Teaching Profession Act.

Proceedings in Absence of Investigated Teacher

23

A hearing committee, on proof of service in accordance with these Bylaws of the notice of hearing on the investigated teacher may:

 

(a)

proceed with the hearing in the absence of the investigated teacher, and

 

(b)

act, decide, and report on the matter being heard in the same way as if the investigated teacher were in attendance.

Voluntary Request for Cancellation of Teaching Certificate by Investigated Teacher

24

(1)

When an investigated teacher requests the cancellation of the teacher’s teaching certificate pursuant to section 27 of the Certification of Teachers Regulation, the Registrar shall provide a copy of the request to the Executive Secretary and shall advise the Executive Secretary whether the teaching certificate has been cancelled.

 

(2)

If the investigated teacher’s teaching certificate is cancelled, then the Executive Secretary shall cancel the investigated teacher’s membership in the Association and any investigation by the superintendent, hearing by a hearing committee, or appeal by the Appeal Committee shall be terminated.

Finding of Hearing Committee

25

A hearing committee may find that the investigated teacher’s professional competence meets or does not meet the Teaching Quality Standard.

Orders of Hearing Committee

26

(1)

If a hearing committee finds the investigated teacher’s professional competence meets the Teaching Quality Standard, then the hearing committee shall not take any action with respect to the investigated teacher’s membership with the Association and shall not make any recommendations with respect to the investigated teacher’s teaching certificate.

 

(2)

If a hearing committee finds that the investigated teacher’s professional competence does not meet the Teaching Quality Standard, then the hearing committee may do any one or more of the following:

 

 

(a)

cancel the investigated teacher’s membership in the Association;

 

 

(b)

suspend the investigated teacher’s membership in the Association for any period the hearing committee considers proper;

 

 

(c)

recommend that the Minister cancel or suspend the teaching certificate of the investigated teacher or take any further or other action;

 

 

(d)

declare the investigated teacher ineligible for membership in the Association for any period the hearing committee considers proper;

 

 

(e)

make any further or other order it considers appropriate.

 

(3)

If a hearing committee is satisfied that an investigated teacher has contravened an order made under subsection (2)(e), it may, without the necessity of a further hearing, cancel or suspend the investigated person’s membership in the Association, or declare the investigated teacher ineligible for membership in the Association, subject to any terms it considers appropriate, and may make any further or other order it considers appropriate.

Written Decision

27

(1)

A hearing committee shall, within 60 days after the conclusion of a hearing, make a written decision on the matter, in which it shall:

 

 

(a)

describe each finding made by it with respect to the investigated teacher’s professional practice,

 

 

(b)

state the reasons for each finding made by it, and

 

 

(c)

state any order made by it.

 

(2)

The decision of a hearing committee is effective upon the date that the decision was made.

Publication of Decision

28

(1)

A decision of a hearing committee may be publicized in any manner considered appropriate by the Executive Secretary.

 

(2)

No notice shall be published in accordance with section (1) until:

 

 

(a)

an appeal has been heard and a decision made on the appeal, or

 

 

(b)

if no appeal is commenced, the time for commencing an appeal has expired.

Service of Decision

29

(1)

A hearing committee shall forward to the Executive Secretary:

 

 

(a)

the decision, including reasons, and

 

 

(b)

the record of the hearing, consisting of all evidence presented before it, including all

 

 

 

(i) exhibits,

 

 

 

(ii) documents, and

 

 

 

(iii) testimony given before it if it was recorded electronically or mechanically.

 

(2)

The Executive Secretary shall, on receiving the decision of a hearing committee and the record of the hearing referred to in subsection (1):

 

 

(a)

serve a copy of the decision, including reasons, on the investigated teacher,

 

 

(b)

forward a copy of the decision, including reasons, to the superintendent,

 

 

(c)

forward a copy of the decision, including reasons, to the Registrar, and

 

 

(d)

forward a copy of the decision, including reasons, to the Executive Council.

 

(3)

The investigated teacher, the superintendent, the Registrar and the Executive Council may examine the record or any part of the record of the proceedings before a hearing committee and hear any recording or examine any mechanical record of evidence given before the hearing committee.

Order Remains in Effect

30

The decision of a hearing committee remains in effect until the Appeal Committee makes its decision on an appeal.

Appeals to Professional Practice Appeal Committee

31

(1)

The superintendent or the Executive Council may by notice in writing to the Executive Secretary appeal a finding or order, or both, of a hearing committee under section 26.

 

(2)

The investigated teacher may by notice in writing to the Executive Secretary appeal a finding or order, or both, of a hearing committee under section 26.

 

(3)

A notice of appeal under subsections (1) and (2) must:

 

 

(a)

describe the finding or order, or both, being appealed, and

 

 

(b)

state the reasons for appeal.

 

(4)

A notice of appeal under this section must be served on the Executive Secretary within 30 days after the date on which the decision of a hearing committee is:

 

 

(a)

served on the investigated teacher, if the investigated teacher appeals the decision,

 

 

(b)

forwarded to the Executive Council, if the Executive Council appeals the decision, or

 

 

(c)

forwarded to the superintendent, if the superintendent appeals the decision.

 

(5)

On receiving a notice of appeal under this section, the Executive Secretary shall:

 

 

(a)

send a copy of it to the investigated teacher, the superintendent and the Registrar, if the Executive Council is the appellant,

 

 

(b)

send a copy of it to the Executive Council, the superintendent and the Registrar, if the investigated teacher is the appellant,

 

 

(c)

send a copy of it to the investigated teacher, the Executive Council and the Registrar, if the superintendent is the appellant, and

 

 

(d)

give to each member of the Appeal Committee a copy of the notice of appeal and make the decision of the hearing committee available to each member of the Appeal Committee.

Notice of Appeal Hearing

32

(1)

The Appeal Committee shall begin hearing an appeal within 90 days after the service of the notice of appeal in accordance with section 31(4) or within a longer period that is agreed to by the appellant.

 

(2)

At least 15 days before the date set for the hearing of the appeal, the Executive Secretary shall serve on the investigated teacher, the Executive Council and superintendent a notice stating the date, time and location of the hearing.

Representation Before Appeal Hearing

33

The investigated teacher, the Executive Council and the Appeal Committee may each be represented by counsel or agent at the hearing before the Appeal Committee.

Public Hearing

34

A hearing before the Appeal Committee must be open to the public unless, in the opinion of the Appeal Committee, the interests of any person other than the investigated teacher may be detrimentally affected if the hearing is not held in private.

Powers of Appeal Committee

35

(1)

The appeal to the Appeal Committee must be founded on the decision of the hearing committee and the record of the proceedings before the hearing committee.

 

(2)

The Appeal Committee may:

 

 

(a)

on granting special leave for the purpose, receive further evidence, and

 

 

(b)

draw inferences of fact and make a decision or finding that, in its opinion, ought to have been made by the hearing committee.

 

(3)

Sections 18 to 23 apply to proceedings before the Appeal Committee.

Decision on Appeal

36

(1)

The Appeal Committee shall, after the conclusion of all proceedings before it,

 

 

(a)

make any finding or order that in its opinion ought to have been made by the hearing committee,

 

 

(b)

quash, vary or confirm a finding or order of the hearing committee or substitute or make a finding or order of its own, or

 

 

(c)

refer the matter back to the hearing committee for further consideration in accordance with any direction that the Appeal Committee may make.

 

(2)

If an appeal by an investigated teacher is unsuccessful in whole or in part, then the Appeal Committee may order that the investigated teacher pay the Association all or part of the costs of the appeal if the Appeal Committee concludes that the appeal was frivolous or vexatious.

 

(3)

If an appeal by a superintendent is unsuccessful in whole or in part, then the Appeal Committee may order that the School Board employing the superintendent pay the Association all or part of the costs of the appeal if the Appeal Committee concludes that the appeal was frivolous or vexatious.

Written Decision

37

(1)

The Appeal Committee shall, within 45 days after the conclusion of the proceedings before it, make a brief written decision on the matter and shall forward the decision to the Executive Secretary.

 

(2)

The Executive Secretary shall, on receiving the decision of the Appeal Committee,

 

 

(a)

serve a copy the decision, including reasons, on the investigated teacher,

 

 

(b)

forward a copy of the decision, including reasons, to the superintendent,

 

 

(c)

forward a copy of the decision, including reasons, to the Registrar, and

 

 

(d)

forward a copy of the decision, including reasons, to the Executive Council.

Notice of Decision to Minister

38

The Executive Secretary shall forward to the Minister the decision of the Appeal Committee or, if there has been no appeal to the Appeal Committee, the decision of a hearing committee where the decision includes a recommendation that the Minister cancel or suspend the teaching certificate of the investigated teacher or take any other action relating to the investigated teacher’s teaching certificate.

Reinstatement

39

If the investigated teacher’s membership in the Association has been cancelled or if an investigated teacher has been declared ineligible for membership in the Association, the membership shall not be reinstated except by order of the Executive Council.

Service of Document

40

When these Bylaws require that a document or notice be served on any person, the document or notice is sufficiently served:

 

(a)

if it is served personally on that person or sent to that person by certified mail or courier at the address last shown for that person on the records of the Association, or

 

(b)

if personal service or service by mail is not reasonably possible, by publishing the document or notice at least twice, not more than a week apart, in a local newspaper circulated at or near the address last shown for that person on the records of the Association.

Ratified on 2008 01 17 by Provincial Executive Council in accordance with section 8(3) of the Teaching Profession Act and ratified by the Minister of Education on 2008 02 19 in accordance with section 8(4) of the Teaching Profession Act, for implementation effective 20090901.