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AR 98/2019 SUPERINTENDENT OF SCHOOLS REGULATION

(no amdt)

alberta regulation 98/2019

Education Act

SUPERINTENDENT OF SCHOOLS REGULATION

Table of Contents

                1       Definitions

Part 1
Qualifications

                2       Qualifications

Part 2
Minister’s Approval

                3       Minister’s approval

Part 3
Terms and Conditions of
Employment and Termination

                4       Application of Part 3

                5       Establishment and terms of compensation framework

                6       No additional compensation

                7       Base salary

                8       Bonus, allowance or other pay

                9       Benefits

              10       Severance and termination

              11       Exemption or modification

Part 4
General


              12       Information collection and use

              13       Transitional

              14       Repeal

              15       Expiry

              16       Coming into force

Schedules

Definitions

1   In this Regulation,

                                 (a)    “board” means a board of trustees of a school division and a society or company that operates a charter school;

                                 (b)    “compensation” means any consideration or remuneration, regardless of its nature or form, including, without limitation, salary, retainers, benefits, bonuses, allowances, travelling and living expenses, honorariums and severance pay, paid or payable or provided, directly or indirectly, to or for the benefit of a superintendent;

                                 (c)    “compensation framework” means

                                           (i)    the conditions of employment relating to a superintendent’s compensation, including base salary and benefits, as established in Part 3, and

                                          (ii)    the compensation payable as severance on the termination of employment of a superintendent as established in Part 3;

                                 (d)    “equivalent standard” means an equivalent standard of education or experience as determined by the Minister;

                                 (e)    “superintendent” means a superintendent of schools whose appointment has been approved in accordance with the Act and includes an individual appointed as an acting superintendent.

Part 1
Qualifications

Qualifications

2(1)  No individual may be appointed as a superintendent unless the individual has

                                 (a)    a Bachelor of Education degree or equivalent from a university in Alberta or from a university of equivalent standard,

                                 (b)    a Master’s degree from a university in Alberta or from a university of equivalent standard,

                                 (c)    a superintendent leadership certificate issued under the Certification of Teachers and Teacher Leaders Regulation, and

                                 (d)    3 years’ experience in a school system in Alberta or in a school system of equivalent standard that is acceptable to the board that appoints the superintendent.

(2)  Notwithstanding subsection (1), a person who is a secretary, a treasurer or a secretary‑treasurer appointed under section 68 of the Act may not hold the position of superintendent.

(3)  The term for which a teacher is appointed as an acting superintendent must not exceed one year, but the individual may be reappointed with the prior approval of the Minister in writing.

Part 2
Minister’s Approval

Minister’s approval

3   The Minister may refuse to approve an appointment or reappointment of a superintendent if the provisions of the employment contract relating to that position, including any provision governing compensation, are not acceptable to the Minister.

Part 3
Terms and Conditions of Employment and Termination

Application of Part 3

4   This Part applies to a board

                                 (a)    in respect of a contract of employment, or the renewal or extension of a contract of employment, in respect of which Part 3 of the Superintendent of Schools Regulation (AR 94/2018) applied immediately before the coming into force of this Regulation,

                                 (b)    in respect of a contract of employment

                                           (i)    made with an individual who is appointed as a superintendent, and

                                          (ii)    entered into after the coming into force of this Regulation,

                                 (c)    in respect of a contract of employment, or the renewal or extension of a contract of employment,

                                           (i)    made with an individual who is reappointed as a superintendent, and

                                          (ii)    entered into after the coming into force of this Regulation,

and

                                 (d)    in respect of amended contracts of employment referred to in section 13(4).

Establishment and terms of compensation framework

5(1)  A compensation framework is established by this Part.

(2)  The terms of the compensation framework

                                 (a)    relating to superintendents’ compensation are set out in sections 6 to 9, and

                                 (b)    relating to superintendents’ severance and termination of employment are set out in sections 6 and 10.

No additional compensation

6(1)  A board may offer, pay or provide compensation to a superintendent that does not exceed the compensation for that position set out in this compensation framework.

(2)  A board must not offer, pay or provide compensation that is greater than the amount authorized under, or that is otherwise inconsistent with, the compensation framework.

(3)  Subsections (1) and (2) do not apply in respect of statutory benefits, including statutory holidays, employer contributions to the Canada Pension Plan and Employment Insurance premiums.

Base salary

7(1)  Where a superintendent is a full‑time employee of a board, the board may provide to the superintendent an annual base salary no less than the minimum set out in Schedule 1 for the board and no greater than the maximum set out in Schedule 1 for the board.

(2)  Where a superintendent is a part‑time employee of a board, the board must pay a pro-rated share of the annual base salary described in subsection (1).

(3)  A board must not offer, pay or provide any type of market modifier to a superintendent’s base salary.

Bonus, allowance or other pay

8(1)  In this section, “bonus, allowance or other pay” means a bonus, allowance or other incentive pay, by whatever name called, that is provided in addition to base salary.

(2)  A board must not offer, pay or provide a bonus, allowance or other pay to a superintendent.

Benefits

9(1)  In this Part,

                                 (a)    “administrative leave” means an entitlement to a period of temporary paid leave from a job assignment with pay and benefits intact, that accrue to an employee in accordance with the terms of employment or appointment of the employee;

                                 (b)    “benefits” means compensation, in addition to base salary, that is offered, paid or provided to or for the benefit of a superintendent in accordance with this section.

(2)  A board may, in accordance with Schedule 2, offer, pay or provide benefits to or for the benefit of a superintendent.

(3)  For greater certainty, a board must not offer, pay or provide the following classes of consideration, by whatever name called, to or for the benefit of a superintendent:

                                 (a)    administrative leave;

                                 (b)    executive or private medical benefits or a reimbursement of expenses relating to executive or private medical benefits;

                                 (c)    gym, fitness or other sports or club memberships, fees or a reimbursement of expenses relating to a gym, sport or club membership or fee;

                                 (d)    housing allowance or the use of accommodation, residence or housing or any reimbursement of expenses relating to housing.

Severance and termination

10(1)  In this section,

                                 (a)    “continuous service” means employment without any interruption in service caused by a termination of that employment;

                                 (b)    “employer”, except in the term “previous employer”, means the board that is providing severance pay to a superintendent under subsection (3);

                                 (c)    “previous employment” means a superintendent’s 

                                           (i)    continuous service with a board or the Crown in right of Alberta, and

                                          (ii)    continuous service that has been accepted by the Minister under subsection (2)

                                          prior to the superintendent’s employment with the employer;

                                 (d)    “severance period” means the period starting the day after termination and ending

                                           (i)    where subsection (3) applies with respect to the severance pay, after the number of weeks determined under subsection (3) in respect of which the severance pay is payable, or

                                          (ii)    where subsection (3) does not apply with respect to the severance, termination or separation pay, after

                                                  (A)    the number of weeks determined by the agreement relating to the pay between the previous employer providing the severance, termination or separation pay and the superintendent, to a maximum of 52 weeks, or

                                                  (B)    if paragraph (A) does not apply, 52 weeks.

(2)  The Minister may accept some or all of a superintendent’s continuous service with an entity the Minister considers is equivalent to a board in another province or territory of Canada, or with the Crown in right of Canada or another province of Canada, as constituting previous employment for the purposes of this section.

(3)  Subject to subsection (6), an employer may provide severance pay to a superintendent who is terminated without cause in an amount not greater than

                                 (a)    4 weeks of the superintendent’s base salary, and

                                 (b)    an amount that is equal to the cost to the employer for 4 weeks of the benefits the superintendent was receiving before termination, to a maximum of 16% of the amount referred to in clause (a),

for every year of continuous service with the employer, to a maximum of 52 weeks.

(4)  For the purposes of calculating years of continuous service with the employer under subsection (3), the duration of the superintendent’s previous employment, if any, is deemed to form part of the superintendent’s years of continuous service with the employer if

                                 (a)    there was no break in service greater than 60 days

                                           (i)    between periods of previous employment, and

                                          (ii)    between previous employment and employment with the employer,

and

                                 (b)    the superintendent was not provided with any severance, termination or separation pay in respect of that previous employment.

(5)  For the purposes of calculating years of continuous service with the employer under subsection (3), if a superintendent who was provided with severance, termination or separation pay in respect of previous employment with a board or the Crown in right of Alberta has repaid a portion, as determined in accordance with the method set out in subsection (6), of the severance, termination  and separation pay in accordance with an agreement referred to in that subsection or an election under subsection (7), the period of previous employment determined in accordance with the following formula is deemed to form part of the superintendent’s years of continuous service with the employer:

PPE = A x DPE
where

                              PPE    is the period of previous employment;

                                A      is the percentage obtained by dividing the amount of the portion, as determined in accordance with the method set out in subsection (6), of the severance, termination and separation pay repaid by the amount of severance, termination and separation pay provided to the superintendent by the previous employer;

                              DPE    is the duration of previous employment.

(6)  An employer must not provide severance pay to a superintendent unless the superintendent agrees in writing that if the superintendent becomes employed with either a board or the Crown in right of Alberta during the severance period, the superintendent will repay the employer a portion of that severance pay equal to the amount of salary, before mandatory statutory deductions and benefits, earned in respect of the person’s new employment during the severance period, to a maximum of the severance pay, before mandatory statutory deductions, paid in respect of the portion of the severance period for which the person is employed.

(7)  A person who

                                 (a)    has been provided with severance, termination or separation pay by a previous employer that is a board or the Crown in right of Alberta,

                                 (b)    is employed as a superintendent during the severance period, and

                                 (c)    is not otherwise required to repay a portion of the severance pay under an agreement referred to in subsection (6)

may elect to repay the previous employer the portion determined in accordance with the method set out in subsection (6) of the sum of the severance, termination and separation pay.

(8)  For the purposes of determining the portion of severance, termination and separation pay that a person may elect to repay under subsection (7),

                                 (a)    the reference to “that severance pay” in subsection (6) shall be read as a reference to “that severance, termination and separation pay”, and

                                 (b)    the reference to “the severance pay” in subsection (6) shall be read as a reference to “the sum of the severance, termination and separation pay”.

(9)  A board must not provide severance, termination or separation pay, by whatever name called, to a superintendent

                                 (a)    in the event of termination for cause,

                                 (b)    in the event of the non-renewal of a contract of employment or term of appointment,

                                 (c)    on resignation or retirement, or

                                 (d)    as a direct or indirect result of the establishment of the compensation framework or an amendment to the compensation framework.

Exemption or modification

11(1)  The Minister may by order

                                 (a)    exempt a board or boards within a designated class of boards from the application of one or more provisions of the compensation framework, or

                                 (b)    modify one or more provisions of the compensation framework in respect of a board or boards within a designated class of boards.

(2)  An exemption or modification under subsection (1) may be for any period specified by the Minister.

(3)  Where the Minister makes an order under subsection (1), the Minister must make the order public in any manner the Minister considers appropriate.

Part 4
General

Information collection and use

12   For the purposes of this Regulation, a board must provide to the Minister any information relating to the administration of this Regulation that the Minister requests in writing, including personal information.

Transitional

13(1)  In this section, “former regulation” means the Superintendent of Schools Regulation (AR 94/2018).

(2)  If, under section 12(1) of the former regulation, section 4 of the Superintendent of Schools Regulation (AR 178/2003) applied with respect to a person immediately before the coming into force of this Regulation, then, on the coming into force of this Regulation, section 4 of the Superintendent of Schools Regulation (AR 178/2003) continues to apply with respect to that person as if it were in force.

(3)  Where subsection (2) applies, the person’s contract of employment referred to in section 12(1) of the former regulation shall continue in force until it expires or a new contract of employment is made, or the contract of employment is renewed or extended, with respect to the reappointment of the superintendent.

(4)  Where subsection (2) applies, if the person’s contract of employment referred to in section 12(1) of the former regulation is amended as it relates to

                                 (a)    the superintendent’s compensation, or

                                 (b)    the superintendent’s severance or termination of employment,

Part 3 of this Regulation applies to the amended contract.

(5)  Notwithstanding section 7(1) of this Regulation, a board may not provide to a superintendent a base salary greater than would have been permitted under section 7(1) of the former regulation for any period in respect of which section 7(1) of the former regulation applied in respect of the provision of a base salary to the superintendent.

Repeal

14  The Superintendent of Schools Regulation (AR 94/2018) is repealed.

Expiry

15   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2021.

Coming into force

16   This Regulation comes into force on September 1, 2019.


Schedule 1
Base Salary

The salary range level and base salary range for each board is set out in the Table.

Board

Level

Minimum
Salary ($)

Midpoint
Salary ($)

Maximum Salary ($)

Calgary Roman Catholic Separate School Division

5

235 000

260 000

275 000

Calgary School Division

5

235 000

260 000

275 000

Edmonton Catholic Separate School Division

5

235 000

260 000

275 000

Edmonton School Division

5

235 000

260 000

275 000

Battle River School Division

4

178 000

203 000

228 000

Black Gold School Division

4

178 000

203 000

228 000

Chinook’s Edge School Division

4

178 000

203 000

228 000

Christ the Redeemer Catholic Separate School Division

4

178 000

203 000

228 000

Elk Island Catholic Separate School Division

4

178 000

203 000

228 000

Elk Island School Division

4

178 000

203 000

228 000

Foothills School Division

4

178 000

203 000

228 000

Fort McMurray Roman Catholic Separate School Division

4

178 000

203 000

228 000

Fort McMurray School Division

4

178 000

203 000

228 000

Golden Hills School Division

4

178 000

203 000

228 000

Grande Prairie School Division

4

178 000

203 000

228 000

Greater St. Albert Roman Catholic Separate School Division

4

178 000

203 000

228 000

Lethbridge School Division

4

178 000

203 000

228 000

Medicine Hat School Division

4

178 000

203 000

228 000

Northern Lights School Division

4

178 000

203 000

228 000

Palliser School Division

4

178 000

203 000

228 000

Parkland School Division

4

178 000

203 000

228 000

Peace Wapiti School Division

4

178 000

203 000

228 000

Red Deer Catholic Separate School Division

4

178 000

203 000

228 000

Red Deer School Division

4

178 000

203 000

228 000

Rocky View School Division

4

178 000

203 000

228 000

St. Albert School Division

4

178 000

203 000

228 000

Wolf Creek School Division

4

178 000

203 000

228 000

Buffalo Trail School Division

3

166 000

188 000

210 000

Evergreen Catholic Separate School Division

3

166 000

188 000

210 000

Fort Vermilion School Division

3

166 000

188 000

210 000

Grande Prairie Roman Catholic Separate School Division

3

166 000

188 000

210 000

Grande Yellowhead School Division

3

166 000

188 000

210 000

Grasslands School Division

3

166 000

188 000

210 000

Greater North Central Francophone Education Region

3

166 000

188 000

210 000

Holy Spirit Roman Catholic Separate School Division

3

166 000

188 000

210 000

Livingstone Range School Division

3

166 000

188 000

210 000

Northern Gateway School Division

3

166 000

188 000

210 000

Pembina Hills School Division

3

166 000

188 000

210 000


St. Paul School Division

3

166 000

188 000

210 000

St. Thomas Aquinas Roman Catholic Separate School Division

3

166 000

188 000

210 000

Sturgeon School Division

3

166 000

188 000

210 000

Westwind School Division

3

166 000

188 000

210 000

Wetaskiwin School Division

3

166 000

188 000

210 000

Wild Rose School Division

3

166 000

188 000

210 000

Aspen View School Division

2

145 000

174 000

198 000

Canadian Rockies School Division

2

145 000

174 000

198 000

Clearview School Division

2

145 000

174 000

198 000

East Central Alberta Catholic Separate School Division

2

145 000

174 000

198 000

East Central Francophone Education Region

2

145 000

174 000

198 000

Foundations for the Future Charter Academy
Charter School Society

2

145 000

174 000

198 000

High Prairie School Division

2

145 000

174 000

198 000

Holy Family Catholic Separate School Division

2

145 000

174 000

198 000

Horizon School Division

2

145 000

174 000

198 000

Lakeland Roman Catholic Separate School Division

2

145 000

174 000

198 000

Living Waters Catholic Separate School Division

2

145 000

174 000

198 000

Medicine Hat Roman Catholic Separate School Division

2

145 000

174 000

198 000

Northland School Division

2

145 000

174 000

198 000

Northwest Francophone Education Region

2

145 000

174 000

198 000

Peace River School Division

2

145 000

174 000

198 000

Prairie Land School Division

2

145 000

174 000

198 000

Prairie Rose School Division

2

145 000

174 000

198 000

Southern Francophone Education Region

2

145 000

174 000

198 000

Almadina School Society

1

60 000

110 000

130 000

Aurora School Ltd.

1

60 000

110 000

130 000

Boyle Street Education Centre

1

60 000

110 000

130 000

Calgary Arts Academy Society

1

60 000

110 000

130 000

Calgary Girls’ School Society

1

60 000

110 000

130 000

CAPE-Centre for Academic and Personal Excellence Institute

1

60 000

110 000

130 000

Connect Charter School Society

1

60 000

110 000

130 000

Mother Earth’s Children’s Charter School Society

1

60 000

110 000

130 000

New Horizons Charter School Society

1

60 000

110 000

130 000

Suzuki Charter School Society

1

60 000

110 000

130 000

Valhalla School Foundation

1

60 000

110 000

130 000

Westmount Charter School Society

1

60 000

110 000

130 000

Schedule 2
Benefits

Definitions

1   In this Schedule,

                                 (a)    “Alberta Teachers’ Pension Plan” means the Plan, as defined in the Teachers’ Pension Plans Act;

                                 (b)    “employer” means the board that is offering, paying or providing benefits to or for the benefit of a superintendent;

                                 (c)    “Executive Vehicle Policy” means the Executive Vehicle Policy (2017-Exec-01) issued by Service Alberta in relation to the Executive Vehicles Directive (Treasury Board Directive 01/2017), as amended or replaced from time to time;

                                 (d)    “reimburse” means reimbursement for actual costs incurred, following the submission of official receipts or other evidence satisfactory to the employer;

                                 (e)    “Supplemental Integrated Pension Plan” means the registered Supplemental Integrated Pension Plan established by the Alberta School Boards Association under the Alberta School Boards Association Act, and does not include the non-registered Supplemental Integrated Overcap Pension Plan.

Employer‑paid contributions to a
pension or retirement plan

2(1)  An employer may offer, pay or provide to or for the benefit of a superintendent, employer‑paid contributions to the Alberta Teachers’ Pension Plan, the Supplemental Integrated Pension Plan or any other retirement plan or benefit.

(2)  The employer’s cost for all employer‑paid contributions under subsection (1) must not be greater than the cost that would be incurred if the superintendent were a participant in the Management Employees Pension Plan (AR 367/93) and a participant in the Supplementary Retirement Plan for Public Service Managers under the Financial Administration Act.

Payment in lieu of retirement benefits

3(1)  In lieu of a retirement benefit referred to in section 2(1) other than the Alberta Teachers’ Pension Plan, an employer may pay a superintendent an amount that does not exceed the difference between the employer’s cost for all employer‑paid contributions to the Alberta Teachers’ Pension Plan in respect of the superintendent and the maximum amount of 14.36% of the superintendent’s base salary.

(2)  For greater certainty, the employer may offer, pay or provide retirement benefits other than the Alberta Teachers’ Pension Plan to or for the benefit of a superintendent under section 2 or under subsection (1), but not both.

Health and insurance benefits

4(1)  An employer may offer, pay or provide to or for the benefit of a superintendent, employer‑paid premiums for health and insurance benefits, including

                                 (a)    group insurance for dental, medical and prescription drug expenses,

                                 (b)    a health spending account, and

                                 (c)    short-term disability benefits, long-term disability benefits and a group life insurance plan.

(2)  The employer’s cost for health and insurance benefits must not exceed 5% of the superintendent’s base salary.

Payment in lieu of health and insurance benefits

5(1)  An employer may offer or provide payment in lieu of health and insurance benefits to or for the benefit of a superintendent.

(2)  The employer’s cost for payment in lieu of health and insurance benefits must not exceed 5% of the superintendent’s base salary.

(3)  For greater certainty, a board must not offer, pay or provide a reimbursement for or a payment in lieu of executive or private medical benefits.

Northern allowance

6   An employer may offer, pay or provide a northern allowance to a superintendent in the same circumstances and at the same rate or amount for which an employee as defined under the Public Service Act would be eligible pursuant to the Public Service Employment Regulation made under the Public Service Act.

Other expenses

7   An employer may reimburse a superintendent’s expenses incurred in the course of employment in the same circumstances and at the same rate or amount for which a non-bargaining unit employee within the meaning of the Public Service Act and its regulations would be eligible for

                                 (a)    travel, meal and hospitality expenses pursuant to the Travel, Meal and Hospitality Expenses Directive (Treasury Board Directive 1/2015), as amended or replaced from time to time, and

                                 (b)    reasonable professional development expenses.

Relocation expenses and leave in the course of employment

8   An employer may

                                 (a)    reimburse a superintendent’s reasonable relocation expenses in the same circumstances and at the same rate or amount for which a non-bargaining unit employee within the meaning of the Public Service Act and its regulations would be eligible if

                                           (i)    the location of the superintendent’s job changes during the course of the superintendent’s contract of employment, or

                                          (ii)    the superintendent is required to relocate for the purposes of the superintendent’s appointment,

                                     and

                                 (b)    offer, pay or provide to or for the benefit of a superintendent to whom clause (a)(i) applies a maximum of 5 days leave with pay in connection with an eligible relocation.

Vehicle allowance or the use of a vehicle

9(1)  An employer may, as a taxable benefit,

                                 (a)    offer or provide a vehicle for the use of a superintendent if the total maximum vehicle purchase price of the vehicle does not exceed, or in the case of a leased vehicle would not exceed, the total maximum vehicle purchase price to which an Eligible Executive would be entitled under section 6.1 of the Executive Vehicle Policy,

                                 (b)    replace a vehicle previously provided for the use of a superintendent in the same circumstances as set out in section 6.9 of the Executive Vehicle Policy, or

                                 (c)    offer, pay or provide to or for the benefit of a superintendent a vehicle allowance, in an amount not greater than the vehicle allowance to which an Eligible Executive would be entitled under section 6.10 of the Executive Vehicle Policy.

(2)  For greater certainty,

                                 (a)    only one option set out in subsection (1)(a), (b) or (c) may be offered, paid or provided at any given time, and

                                 (b)    the employer must not offer, pay or provide a reimbursement to or for the benefit of a superintendent

                                           (i)    if the superintendent receives a vehicle allowance under subsection (1)(c), for operating and maintenance expenses, or

                                          (ii)    for costs arising from traffic violations.

Parking at the superintendent’s primary work location

10   An employer may offer or provide to or for the benefit of a superintendent

                                 (a)    parking at the superintendent’s primary work location, or

                                 (b)    reimbursement for the cost of parking at the superintendent’s primary work location.

Paid holidays

11   An employer may provide to a superintendent the same paid holidays as those provided to its teachers who are designated to administrative, supervisory or consultative positions under section 204 of the Act.

Vacation leave

12(1)  An employer may provide to a superintendent up to 30 days of vacation leave annually.

(2)  The employer may offer, pay or provide to or for the benefit of a superintendent payment in lieu of vacation leave, or any combination of vacation leave and pay in lieu of vacation leave, that does not exceed 30 days of vacation leave annually.

General leave

13(1)  An employer may offer or provide to or for the benefit of a superintendent general leave, including

                                 (a)    illness leave,

                                 (b)    family illness leave,

                                 (c)    bereavement leave,

                                 (d)    personal leave,

                                 (e)    maternity, parental or adoption leave, and

                                 (f)    leave for attendance at a court or tribunal.

(2)  The employer may offer or provide to a superintendent the same general leave as that provided to its teachers who are designated to administrative, supervisory or consultative positions under section 204 of the Act.

Leave of absence with or without pay

14   An employer may provide leave of absence, with or without pay, to a superintendent if it is in the best interest of the employer.