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Alberta Regulation 10/2010
Court of Queen's Bench Act
SURROGATE RULES AMENDMENT REGULATION
Filed: February 19, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 42/2010) 
on February 18, 2010 pursuant to section 20 of the Court of Queen's Bench Act. 
1   The Surrogate Rules (AR 130/95) are amended by this 
Regulation.

2   Rule 57 is amended
	(a)	by repealing clause (f) and substituting the 
following:
	(f)	trustees of represented adults under the Adult 
Guardianship and Trusteeship Act;
	(b)	by adding the following after clause (m):
	(n)	dependants as defined in the Dependants Relief Act.

3   Rule 78(d) is repealed and the following is substituted:
	(d)	trustees of represented adults under the Adult Guardianship 
and Trusteeship Act;

4   Part 4 is repealed.

5   Schedule 3 is amended 
	(a)	in form NC 24.1 by striking out "dependent adult" 
wherever it occurs and substituting "represented 
adult";
	(b)	in forms C 1, C 13, ACC 1, ACC 6, ACC 8, ACC 10 
and ACC 13 by striking out "DEPENDENT ADULTS" 
and substituting "REPRESENTED ADULTS";
	(c)	by repealing forms DA 1 to DA 18.



Alberta Regulation 11/2010
School Act
PRACTICE REVIEW OF TEACHERS REGULATION
Filed: February 23, 2010
For information only:   Made by the Minister of Education (M.O. 005/2010) on 
February 22, 2010 pursuant to section 94(1)(c) of the School Act. 
Table of Contents
	1	Interpretation
	2	Unprofessional conduct
	3	Unskilled or incompetent teaching
Administrative Matters
	4	Registrar
	5	Practice review complainant appeal committee
	6	Practice review general panel
	7	Practice review hearing committees
	8	Practice review appeal committee
Complaint
	9	Complaint
	10	Termination of contract treated as a complaint
	11	Registrar's actions
	12	Registrar's authority in absence of complaint
	13	Investigation
Decision of the Registrar
	14	Registrar's decision on report of investigator
	15	Appeal of Registrar's decision
	16	Registrar's decision on report respecting resolution process
Resolution Process


	17	Resolution process
Hearing Before Practice 
Review Hearing Committee
	18	Notice of hearing before practice review hearing committee
	19	Proceedings at hearing
	20	Compellable witness
	21	Civil contempt proceedings
	22	Proceedings in absence of teacher
	23	Unskilled or incompetent teaching
	24	Unprofessional conduct
	25	Recommendations of practice review hearing committee
	26	Written decision
	27	Duty to forward decision and record
Appeal to Practice Review Appeal Committee
	28	Appeal
	29	Proceedings at appeal
	30	Public hearing
	31	Decision on appeal
Decision of the Minister
	32	Powers of the Minister
General
	33	Service
	34	Transitional
Repeal and Expiry
	35	Repeal
	36	Expiry 
 
Schedule
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the School Act;
	(b)	"board" means
	(i)	a person providing an early childhood services program,
	(ii)	an operator of a private school, 
	(iii)	an operator of a charter school, or
	(iv)	in respect of a band school, a person designated by the 
Registrar as the board of the school for the purposes of 
this Regulation;
	(c)	"certificate" means a provisional certificate, an interim 
professional certificate or a permanent professional 
certificate or any other authority to teach issued under the 
Certification of Teachers Regulation (AR 3/99) or a 
predecessor to that regulation;
	(d)	"complaint" means
	(i)	a complaint under section 9(1),
	(ii)	a notice of termination that the Registrar treats as a 
complaint under section 10(2), or
	(iii)	a matter that, under section 14(3), constitutes a 
complaint;
	(e)	"conduct" includes an act or omission;
	(f)	"indictable offence" means an offence under the Criminal 
Code (Canada), the Controlled Drugs and Substances Act 
(Canada), the Food and Drugs Act (Canada) or the Youth 
Criminal Justice Act (Canada) that is prosecuted by 
indictment;
	(g)	"investigator" means a person appointed to conduct an 
investigation under this Regulation;
	(h)	"practice review appeal committee" means the committee 
established by section 8;
	(i)	"practice review complainant appeal committee" means the 
committee established by section 5;
	(j)	"practice review general panel" means the panel established 
by section 6;
	(k)	"practice review hearing committee" means a committee 
established under section 7;
	(l)	"professional competence" means the skill and competence 
of a teacher in teaching;
	(m)	"professional conduct requirements" means the professional 
conduct requirements set out in the Schedule;
	(n)	"Registrar" means the individual appointed under section 4 to 
act as the Registrar for the purposes of this Regulation;
	(o)	"superintendent" means 
	(i)	a superintendent of schools appointed under the Act,
	(ii)	a person providing an early childhood services program, 
	(iii)	an operator of a private school, or
	(iv)	in respect of a band school,
	(A)	the director of education, or
	(B)	if there is no director of education, a person 
designated by the Registrar as the superintendent 
of the school for the purposes of this Regulation;
	(p)	"teacher" means
	(i)	an individual who holds a certificate but is not subject 
to the Teaching Profession Act, or
	(ii)	an individual who once held but no longer holds a 
certificate;
	(q)	"Teaching Quality Standard" means the Teaching Quality 
Standard Applicable to the Provision of Basic Education in 
Alberta Ministerial Order (#016/97), as amended from time 
to time;
	(r)	"unprofessional conduct" means conduct described in section 
2.
(2)  This Regulation applies notwithstanding that a teacher no longer 
holds a certificate.
(3)  For greater certainty, this Regulation does not apply to a teacher to 
whom the Teaching Profession Act applies.
Unprofessional conduct
2   Conduct that
	(a)	is detrimental to the best interests of students, the public or 
teachers generally,
	(b)	does not meet the professional conduct requirements, or
	(c)	is the basis for a conviction for an indictable offence
constitutes unprofessional conduct.
Unskilled or incompetent teaching
3   Failure to meet the requirements of the Teaching Quality Standard 
constitutes unskilled or incompetent teaching.
Administrative Matters
Registrar
4   The Minister may, in writing, appoint an individual to act as the 
Registrar for the purposes of this Regulation.
Practice review complainant appeal committee
5(1)  The practice review complainant appeal committee is established.
(2)  The Minister may, in accordance with subsection (3), appoint the 
members of the practice review complainant appeal committee and 
may designate one member as the chair.
(3)  The practice review complainant appeal committee 
	(a)	must consist of at least 3 members,
	(b)	must have a majority of members who are teachers referred 
to in section 1(1)(p)(i),
	(c)	must include at least one member of the public who does not 
hold and has not held a certificate, and
	(d)	may include one or more members who are teachers to whom 
the Teaching Profession Act applies.
Practice review general panel
6(1)  The practice review general panel is established.
(2)  The Minister may, in accordance with subsection (3), appoint the 
members of the practice review general panel.
(3)  The practice review general panel 
	(a)	must consist of at least 15 members,
	(b)	must have a majority of members who are teachers referred 
to in section 1(1)(p)(i),
	(c)	must include at least 3 members of the public who do not 
hold and have not held a certificate, and
	(d)	may include one or more members who are teachers to whom 
the Teaching Profession Act applies.
Practice review hearing committees
7(1)  The Registrar may establish the practice review hearing 
committees that the Registrar considers necessary.
(2)  The Registrar may, in accordance with subsection (3), appoint the 
members of a practice review hearing committee and may designate 
one member as the chair.
(3)  A practice review hearing committee 
	(a)	must consist of members appointed from the practice review 
general panel,
	(b)	must consist of at least 3 and not more than 5 members,
	(c)	must have a majority of members who are teachers referred 
to in section 1(1)(p)(i),
	(d)	must include at least one member of the public who does not 
hold and has not held a certificate, and
	(e)	may include a member who is a teacher to whom the 
Teaching Profession Act applies.
Practice review appeal committee
8(1)  The practice review appeal committee is established.
(2)  The Minister may, in accordance with subsection (3), appoint the 
members of the practice review appeal committee and may designate 
one member as the chair.
(3)  The practice review appeal committee 
	(a)	must consist of at least 3 members,
	(b)	must have a majority of members who are teachers referred 
to in section 1(1)(p)(i),
	(c)	must include at least one member of the public who does not 
hold and has not held a certificate, and
	(d)	may include one or more members who are teachers to whom 
the Teaching Profession Act applies.
Complaint
Complaint
9(1)  Any individual may make a complaint to the Registrar about the 
professional competence or alleged unprofessional conduct of a 
teacher.
(2)  A complaint under subsection (1) must be in writing.
(3)  If a superintendent or a principal has reason to believe that a 
teacher has been or may have been convicted of an indictable offence 
at a time when the teacher held a certificate or was eligible for the 
re-issuance of a certificate, the superintendent or principal must make a 
complaint under this section relating to that belief.
(4)  A complaint may be made
	(a)	about the professional competence of a teacher not later than 
2 years after the teacher ceases to engage in the practice of 
teaching, or
	(b)	about the alleged unprofessional conduct of a teacher at any 
time.
(5)  If the Registrar receives a complaint that relates to the professional 
competence or alleged unprofessional conduct of a teacher who is 
subject to the Teaching Profession Act, the Registrar must refer the 
complaint to the executive secretary of The Alberta Teachers' 
Association to be dealt with in accordance with the Teaching 
Profession Act.
Termination of contract treated as a complaint
10(1)  If the employer of a teacher referred to in section 1(1)(p)(i) 
terminates the contract of employment of the teacher on grounds 
related to the professional competence or alleged unprofessional 
conduct of that teacher, the employer must forward a copy of the 
notice of termination and the grounds for the termination to the 
Registrar.
(2)  The Registrar may treat the notice of termination as a complaint, 
but the employer is not considered to be a complainant for the 
purposes of this Regulation.
(3)  The Registrar must not take any action under section 11 until
	(a)	any appeal to the Board of Reference or to the Court of 
Appeal relating to the termination of the contract of 
employment has been heard and disposed of, or
	(b)	the time for commencing an appeal to the Board of Reference 
or to the Court of Appeal relating to the termination of the 
contract of employment has expired without an appeal being 
commenced.
Registrar's actions
11(1)  Within 30 days after receiving a complaint, the Registrar shall 
	(a)	serve on the teacher who is the subject of the complaint a 
notice setting out the nature of the complaint,
	(b)	notify the superintendent in writing of the nature of the 
complaint, and
	(c)	make any preliminary inquiries relating to the complaint that 
the Registrar considers appropriate.
(2)  Subject to subsection (3), within 30 days after making preliminary 
inquiries, the Registrar shall
	(a)	direct that no further action be taken, if the Registrar is of the 
opinion that the matter is frivolous, vexatious or without 
merit,
	(b)	if the complaint is about the professional competence of a 
teacher, direct that the complainant address the matter with
	(i)	the teacher who is the subject of the complaint,
	(ii)	the principal, and
	(iii)	the superintendent,
	(c)	if the complaint is about the alleged unprofessional conduct 
of a teacher and the Registrar determines that the complaint 
does not necessarily warrant an investigation, appoint a 
member of the practice review general panel who is a teacher 
to conduct a resolution process under section 17 with respect 
to the complaint and refer the complaint to the member, or
	(d)	appoint an investigator and refer the complaint to an 
investigator.
(3)  Where the Registrar decides to appoint an investigator with respect 
to a complaint relating to the professional competence of a teacher and 
the Registrar is aware that the teacher's employer is investigating the 
matter, the Registrar shall appoint an investigator within 30 days after 
being advised that the investigation has been concluded.
(4)  The Registrar may suspend an investigation at any time if, in the 
Registrar's opinion, the investigation should be suspended pending the 
completion of another proceeding relating to the complaint.
(5)  The Registrar shall serve on the complainant and on the teacher 
and send to the superintendent a notice setting out
	(a)	the decision of the Registrar,
	(b)	the reasons for the decision, and
	(c)	if the decision is that no further action will be taken, the 
complainant's right to appeal that decision under section 15.
Registrar's authority in absence of complaint
12(1)  In respect of a matter relating to the professional competence of 
a teacher or the alleged unprofessional conduct of a teacher, the 
Registrar may, in the absence of a complaint,
	(a)	make any preliminary inquiries that the Registrar considers 
appropriate about the matter, and
	(b)	appoint an investigator to look into the matter and refer the 
matter to the investigator.
(2)  Where the Registrar decides to appoint an investigator with respect 
to a matter relating to the professional competence of a teacher and the 
Registrar is aware that the teacher's employer is investigating the 
matter, the Registrar shall not appoint an investigator until after being 
advised that the investigation has been concluded.
(3)  The Registrar may suspend an investigation at any time if, in the 
Registrar's opinion, the investigation should be suspended pending the 
completion of another proceeding relating to the matter being 
investigated.
(4)  If the Registrar appoints an investigator under subsection (1)(b), 
the Registrar shall
	(a)	serve on the teacher a notice setting out the nature of the 
matter being investigated, and
	(b)	notify the superintendent in writing of the nature of the 
matter being investigated.
(5)  When the Registrar takes an action under subsection (1), the 
Registrar is not considered to be a complainant for the purposes of this 
Regulation.
(6)  In the case of a matter relating to the professional competence of a 
teacher, any action taken under subsection (1) must be taken not later 
than 2 years after the teacher ceases to engage in the practice of 
teaching.
Investigation
13(1)  Within 30 days after receiving a matter that has been referred 
by the Registrar, the investigator shall commence an investigation of 
the matter.
(2)  An investigator may
	(a)	request any person, including the teacher's employer or 
former employer and the teacher or any other employee of 
the teacher's employer or former employer, to answer any 
questions and to produce to the investigator any documents, 
papers, notes, records and other materials and things relevant 
to the investigation, and
	(b)	copy and keep copies of any of the materials or things that 
are produced under clause (a).
(3)  An investigator shall conduct the investigation in a manner that the 
investigator considers most suitable in the circumstances.
(4)  An investigator may investigate any other matter related to the 
matter being investigated that arises in the course of the investigation.
(5)  An investigator shall send to the Registrar, forthwith on 
concluding the investigation, a written report, including copies of all 
materials related to the investigation.
(6)  If the teacher who is the subject of the investigation is alleged to 
have been convicted of an indictable offence, the investigator shall 
attempt to confirm whether the teacher has, in fact, been convicted of 
an indictable offence and immediately on doing so shall prepare a 
report to that effect.
Decision of the Registrar
Registrar's decision on report of investigator
14(1)  On reviewing a report from an investigator, the Registrar shall, 
subject to subsection (2), forthwith 
	(a)	decide not to take any further action, if the Registrar is of the 
opinion that
	(i)	the matter is frivolous or vexatious or without merit, or
	(ii)	there is insufficient evidence to warrant
	(A)	a resolution process under section 17, or
	(B)	a hearing before a practice review hearing 
committee,
	(b)	if the matter relates to the alleged unprofessional conduct of a 
teacher and the Registrar determines that the matter does not 
necessarily warrant a hearing, decide to appoint a member of 
the practice review general panel who is a teacher to conduct 
a resolution process under section 17 with respect to the 
matter and to refer the matter to the member, or
	(c)	decide to refer the matter to a practice review hearing 
committee for a hearing.
(2)  In a case where it has been confirmed that a teacher has been 
convicted of an indictable offence, the Registrar must refer the matter 
to a practice review hearing committee.
(3)  If a matter that the Registrar dealt with under section 12 is referred 
by the Registrar under subsection (1)(b) or (c), the matter that is 
referred constitutes a complaint, but the Registrar is not considered to 
be a complainant for the purposes of this Regulation.
(4)  The Registrar shall serve on the complainant, if any, and on the 
teacher and send to the superintendent a notice setting out
	(a)	the decision of the Registrar,
	(b)	the reasons for the decision, and
	(c)	if the decision is not to take any further action, the 
complainant's right to appeal that decision under section 15.
(5)  The Registrar shall send to the teacher a copy of the report 
prepared by the investigator under section 13.
Appeal of Registrar's decision
15(1)  The complainant, within 15 days of being served with a 
decision of the Registrar not to take any further action in respect of the 
complaint, may by notice in writing to the Registrar appeal that 
decision to a practice review complainant appeal committee.
(2)  An appeal under subsection (1) must include reasons why the 
complainant believes the matter should be referred to
	(a)	a member of the practice review general panel under section 
14(1)(b), or
	(b)	a practice review hearing committee under section 14(1)(c).
(3)  On receiving an appeal, the Registrar must notify the following 
persons that an appeal has been received:
	(a)	the teacher;
	(b)	the superintendent;
	(c)	the chair of the practice review complainant appeal 
committee.
(4)  At least 15 days before the date set for an appeal, the chair of the 
practice review complainant appeal committee shall notify the 
complainant, the teacher and the Registrar
	(a)	of the date, time and location of the appeal, and
	(b)	of his or her right to make written and oral representations to 
the practice review complainant appeal committee.
(5)  The complainant, the teacher and the Registrar, at an appeal before 
the practice review complainant appeal committee, may
	(a)	attend and be represented by counsel or any other individual, 
and
	(b)	at the request of the practice review complainant appeal 
committee, provide clarification of any matter.
(6)  If information is available to the practice review complainant 
appeal committee that was not available to the investigator or the 
Registrar, the practice review complainant appeal committee may, in 
making its decision, consider the relevance of that information.
(7)  Proceedings before the practice review complainant appeal 
committee shall be held in private.
(8)  Not later than 15 days after the conclusion of the proceedings 
before it, the practice review complainant appeal committee shall make 
one of the following decisions and provide reasons for the decision:
	(a)	confirm the decision of the Registrar;
	(b)	direct the Registrar to 
	(i)	appoint an investigator and refer the complaint to the 
investigator, or
	(ii)	continue the investigation;
	(c)	if the complaint relates to the alleged unprofessional conduct 
of a teacher, direct that a member of the practice review 
general panel who is a teacher be appointed to conduct a 
resolution process under section 17 with respect to the 
complaint and that the complaint be referred to the member;
	(d)	direct that the complaint be referred to a practice review 
hearing committee for a hearing.
(9)  The chair of the practice review complainant appeal committee 
shall serve on the complainant and send to the teacher, the Registrar 
and the superintendent, if any, a notice of the practice review 
complainant appeal committee's decision and the reasons for the 
decision.
Registrar's decision on report respecting resolution process
16   On reviewing a report under section 17(5) from a member of the 
practice review general panel who conducted a resolution process, the 
Registrar shall
	(a)	decide not to take any further action, if the Registrar is of the 
opinion that the matter has been effectively resolved through 
the resolution process,
	(b)	decide to appoint an investigator and to refer the matter to the 
investigator, or
	(c)	decide to refer the matter to a practice review hearing 
committee for a hearing.
Resolution Process
Resolution process
17(1)  Where a matter is referred to a member of the practice review 
general panel to conduct a resolution process, the member shall 
endeavour to
	(a)	review the facts,
	(b)	identify any concerns of students, the public or teachers 
generally with respect to the matter,
	(c)	assist in the resolution of the matter, and
	(d)	provide advice to the teacher, if appropriate.
(2)  The member of the practice review general panel who is appointed 
to conduct a resolution process with respect to a matter may draw upon 
the assistance of any other member of the panel in conducting the 
resolution process.
(3)  A resolution process conducted in respect of a matter shall be 
conducted informally and in private.
(4)  A resolution process and all statements disclosed during a 
resolution process are without prejudice and confidential and may not 
be disclosed to any person other than the Registrar or used in any other 
proceedings without the consent of the parties.
(5)  The member of the practice review general panel who conducts a 
resolution process shall provide a report to the Registrar that includes 
the member's opinion as to whether the teacher displayed a negative or 
positive attitude, and whether the matter should be disposed of or an 
investigation or hearing should be conducted.
(6)  The Registrar shall provide a copy of the report under subsection 
(5) to the teacher and the complainant for comment before making a 
final decision pursuant to section 16.
Hearing Before Practice Review 
Hearing Committee
Notice of hearing before practice review hearing committee
18(1)  On making a decision under section 14(1)(c) or 16(c) or 
receiving a direction under section 15(8)(d), the Registrar shall 
establish a practice review hearing committee and the practice review 
hearing committee shall hold a hearing.
(2)  The chair of the practice review hearing committee shall forthwith 
set the date, time and location of the hearing.
(3)  At least 15 days before the date set for a hearing, the chair of the 
practice review hearing committee shall serve on the teacher a notice 
stating
	(a)	the date, time and location of the hearing, and
	(b)	reasonable particulars of the matter to be heard.
Proceedings at hearing
19(1)  The Registrar and the teacher may appear and be represented by 
counsel or any other individual at a hearing before the practice review 
hearing committee.
(2)  A hearing before a practice review hearing committee must be 
open to the public unless
	(a)	the complainant requests that the hearing be held in private 
because of the confidential nature of the matters to be heard, 
or
	(b)	in the opinion of the practice review hearing committee, the 
interests of any person other than the teacher may be 
detrimentally affected if the hearing is not held in private.
(3)  The practice review hearing committee may grant adjournments of 
the proceedings or reserve the determination of the matters before it for 
a future meeting of the hearing committee.
(4)  Evidence may be given before a practice review 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
20(1)  Subject to subsection (3), the chair of the practice review 
hearing committee, at the request of the Registrar or the teacher, may 
issue an order compelling the teacher or any other individual who, in 
the opinion of the chair, may have knowledge of the matter
	(a)	to appear as a witness before the practice review hearing 
committee, or
	(b)	to produce any materials, including any documents, papers, 
notes or records, to the practice review hearing committee.
(2)  At least 15 days before the date of the hearing, the Registrar shall 
serve an order issued under subsection (1) on the appropriate person.
(3)  If the teacher has been convicted of an indictable offence, no 
person shall require the attendance as a witness at a hearing before the 
practice review hearing committee of any person who attended as a 
witness at the court that convicted the teacher of the indictable offence.
(4)  A witness may be examined under oath on anything relevant to the 
hearing before a practice review hearing committee and shall not be 
excused from answering any question on the ground that the answer 
might
	(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 a penalty 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 enactment, except in a prosecution for or 
proceedings in respect of perjury or the giving of contradictory 
evidence.
Civil contempt proceedings
21   The chair of a practice review hearing committee may direct the 
Registrar to initiate proceedings for civil contempt of court before the 
Court of Queen's Bench against a witness
	(a)	who fails
	(i)	to attend before the practice review 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 answer any question the witness is directed to 
answer by the practice review hearing committee.
Proceedings in absence of teacher
22   The practice review hearing committee may, on proof of service 
of the notice of hearing on the teacher,
	(a)	proceed with the hearing in the absence of the teacher, and
	(b)	act, decide and report on the matter being heard in the same 
way as if the teacher were in attendance.
Unskilled or incompetent teaching
23   The practice review hearing committee may find that a teacher is 
unskilled or incompetent in teaching if, in the opinion of the practice 
review hearing committee, the teacher does not meet the requirements 
of the Teaching Quality Standard.
Unprofessional conduct
24(1)  The practice review hearing committee
	(a)	may find the conduct of a teacher to constitute unprofessional 
conduct if, in the opinion of the practice review hearing 
committee, that conduct is
	(i)	detrimental to the best interests of students, the public 
or teachers generally, or
	(ii)	does not meet the professional conduct requirements,
		and
	(b)	must find the conduct of a teacher to constitute 
unprofessional conduct if that conduct is the basis for a 
conviction for an indictable offence.
(2)  Where a teacher has been convicted of an indictable offence, a 
practice review hearing committee shall make a recommendation to the 
Minister under section 25(1)(b) and has no authority to investigate the 
conduct of the teacher on which the conviction is based except for the 
purpose of making a recommendation to the Minister.
Recommendations of practice review hearing committee
25(1)  If a practice review hearing committee 
	(a)	does not find that a teacher is unskilled or incompetent in 
teaching or does not find that the conduct of a teacher 
constitutes unprofessional conduct, the practice review 
hearing committee may recommend that the Minister dismiss 
the complaint, or
	(b)	finds that a teacher is unskilled or incompetent in teaching or 
that the conduct of a teacher constitutes unprofessional 
conduct, the practice review hearing committee may 
recommend that the Minister do one or more of the 
following:
	(i)	serve a letter of reprimand on the teacher who is the 
subject of the complaint;
	(ii)	suspend the certificate of the teacher who is the subject 
of the complaint, with or without conditions;
	(iii)	cancel the certificate of the teacher who is the subject of 
the complaint or cancel the certificate and issue a 
certificate of a different class, with or without 
conditions;
	(iv)	order that the teacher who is the subject of the 
complaint be ineligible for a certificate for a definite or 
indefinite period of time, with or without conditions.
(2)  If the decision of a practice review hearing committee
	(a)	relates to a teacher who has been convicted of an indictable 
offence, and
	(b)	does not contain a recommendation that the Minister cancel 
or suspend the certificate of the teacher,
the decision must include reasons why such a recommendation has not 
been made.
Written decision
26(1)  The practice review hearing committee shall, not more than 45 
days after the conclusion of a hearing, make a written decision on the 
matter.
(2)  A written decision referred to in subsection (1) must include
	(a)	each finding made by the practice review hearing committee,
	(b)	the reasons for each finding, and
	(c)	any recommendation of the practice review hearing 
committee.
Duty to forward decision and record
27(1)  The chair of the practice review hearing committee shall 
forthwith
	(a)	serve a copy of the decision on the teacher, and
	(b)	send to the Registrar a copy of the decision and the record of 
the hearing that consists of all evidence presented at the 
hearing, including all
	(i)	exhibits,
	(ii)	documents, and
	(iii)	testimony given before the practice review hearing 
committee, whether recorded in electronic, mechanical 
or handwritten form.
(2)  The teacher and any person representing the teacher may examine 
the record or any part of the record of the proceedings before the 
practice review hearing committee and hear any recording or examine 
any mechanical or handwritten record of evidence given before the 
practice review hearing committee.
(3)  If the teacher requests a transcript of all or part of the hearing, the 
teacher shall pay the cost of the preparation of the transcript.
(4)  If no appeal is commenced within the period set out in section 
28(2), the chair of the practice review hearing committee shall 
forthwith, on the expiry of that period, send a copy of the decision of 
the practice review hearing committee to the Minister.
Appeal to Practice Review  
Appeal Committee
Appeal
28(1)  A teacher or the Registrar may appeal a finding or a 
recommendation, or both, of a practice review hearing committee to a 
practice review appeal committee.
(2)  An appeal under subsection (1) must be commenced by a written 
notice of appeal to the chair of the practice review appeal committee 
not more than 15 days after the date on which the decision of the 
practice review hearing committee is served on the teacher.
(3)  A notice under subsection (2) must
	(a)	describe the finding or recommendation, or both, being 
appealed, and
	(b)	state the reasons for the appeal.
(4)  The chair of the practice review appeal committee shall notify the 
teacher and the Registrar at least 15 days before the date of the appeal
	(a)	of the date, time and location of the appeal, and
	(b)	of their right to make written and oral representations to the 
practice review appeal committee.
Proceedings at appeal
29(1)  At the hearing before a practice review appeal committee, the 
teacher and the Registrar
	(a)	may appear and be represented by counsel or any other 
individual, and
	(b)	at the request of the practice review appeal committee, may 
provide clarification of any matter under consideration by the 
practice review appeal committee.
(2)  The appeal to the practice review appeal committee must be 
founded on the decision of the practice review hearing committee and 
the record of the proceedings before the practice review hearing 
committee.
(3)  Sections 19(3) to 22 apply to proceedings before the practice 
review appeal committee.
Public hearing
30   A hearing before the practice review appeal committee must be 
open to the public unless, in the opinion of the practice review appeal 
committee, the interests of any person other than the teacher may be 
detrimentally affected if the hearing is not held in private.
Decision on appeal
31(1)  Not more than 30 days after the conclusion of the proceedings 
before it, the practice review appeal committee shall do one or more of 
the following:
	(a)	quash, vary or confirm a finding or recommendation of the 
practice review hearing committee, or substitute a finding or 
recommendation of its own;
	(b)	refer the matter back to the practice review hearing 
committee for further consideration, if the practice review 
appeal committee is satisfied that new evidence is available;
	(c)	refer the matter to another practice review hearing committee 
for a new hearing.
(2)  The practice review appeal committee shall make a written 
decision on the matter that includes its reasons for the decision.
(3)  The chair of the practice review appeal committee shall forthwith
	(a)	serve a copy of the decision on the teacher,
	(b)	send to the Registrar a copy of the decision and the record of 
the hearing, consisting of all evidence presented at the 
hearing, including all
	(i)	exhibits,
	(ii)	documents, and
	(iii)	testimony given before the committee, whether recorded 
in electronic, mechanical or handwritten form,
		and
	(c)	send to the Minister a copy of the decision.
Decision of the Minister
Powers of the Minister
32(1)  On receiving the decision of a practice review hearing 
committee or a practice review appeal committee, the Minister may 
examine the record or any part of the record of the proceedings before 
the practice review hearing committee or practice review appeal 
committee and hear any recording or examine any mechanical or 
handwritten record of evidence given before the practice review 
hearing committee or practice review appeal committee.
(2)  On receipt of the decision of a practice review hearing committee 
or a practice review appeal committee, the Minister may do one or 
more of the following, whether or not that is the recommendation of 
the practice review hearing committee or practice review appeal 
committee:
	(a)	dismiss the complaint;
	(b)	serve a letter of reprimand on the teacher who is the subject 
of the complaint;
	(c)	suspend the certificate of the teacher who is the subject of the 
complaint, with or without conditions;
	(d)	cancel the certificate of the teacher who is the subject of the 
complaint or cancel the certificate and issue a certificate of a 
different class, with or without conditions;
	(e)	order that the teacher who is the subject of the complaint be 
ineligible for a certificate for a definite or indefinite period of 
time, with or without conditions.
(3)  A decision to take an action under subsection (2) must be in 
writing and must include the reasons for the decision.
(4)  The Minister shall
	(a)	serve a copy of the decision on the teacher who is the subject 
of the complaint, and
	(b)	send a copy of the decision to the Registrar, the 
superintendent and the complainant, if any.
(5)  A decision under this section is final.
(6)  The Minister may take whatever action the Minister considers 
appropriate to
	(a)	implement a decision under this section, and
	(b)	make public a decision under this section.
General
Service
33   When this Regulation requires that a document or notice be 
served on an individual, the document or notice is sufficiently served if 
it is
	(a)	personally delivered to the individual,
	(b)	sent to the individual by registered mail,
	(i)	in the case of a teacher, at the address last shown for the 
teacher on the registry maintained in accordance with 
the Certification of Teachers Regulation (AR 3/99), or
	(ii)	in the case of any other individual, at the individual's 
last known address,
		or
	(c)	sent to the individual by electronic means that result in a 
printed copy of the document or notice being received by the 
individual.
Transitional
34(1)  In this section, "former regulation" means the Practice Review 
of Teachers Regulation (AR 4/99).
(2)  Members of a complainant review committee established under the 
former regulation who hold office immediately before the coming into 
force of this Regulation are members of the practice review 
complainant appeal committee until their terms of office expire or until 
other members are appointed to replace them.
(3)  Members of a practice review panel established under the former 
regulation who hold office immediately before the coming into force 
of this Regulation are members of the practice review general panel 
under this Regulation until their terms of office expire or until other 
members are appointed to replace them.
(4)  Members of a practice review appeal committee established under 
the former regulation who hold office immediately before the coming 
into force of this Regulation are members of the practice review appeal 
committee established by this Regulation until their terms of office 
expire or until other members are appointed to replace them.
(5)  A complaint under the former regulation that is not disposed of 
before the coming into force of this Regulation shall be continued 
under and dealt with in accordance with this Regulation.
Repeal and Expiry
Repeal
35   The Practice Review of Teachers Regulation (AR 4/99) is 
repealed.
Expiry
36   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 September 30, 2019.
Schedule 
 
Professional Conduct Requirements for Teachers
The conduct of a teacher, both on and off duty, bears directly on the 
community's perception of the ability of teachers to fulfill their unique 
position of trust and influence. Society and the school community hold 
teachers to a high standard of conduct. Teachers are expected to 
conduct themselves with due regard to the honour, dignity, welfare, 
rights and best interests of students, parents, colleagues, their employer 
and the teaching profession.
These are minimum professional conduct requirements for teachers 
who are not subject to the Teaching Profession Act.  It is not an 
exhaustive list of requirements.
A teacher who is not subject to the Teaching Profession Act and who is 
alleged to have violated the standards of the profession, including these 
requirements, may be subject to a complaint of alleged unprofessional 
conduct under the Practice Review of Teachers Regulation.
1   In relation to students, the teacher is required
	(a)	to teach in a manner in keeping with 
	(i)	the Teaching Quality Standard Applicable to the 
Provision of Basic Education in Alberta Ministerial 
Order (#016/97), as amended from time to time,
	(ii)	applicable legislation, and
	(iii)	the policies of Alberta Education,
	(b)	to teach in a manner that respects the dignity and rights of all 
persons and is considerate of their circumstances,
	(c)	not to divulge information received about a student in 
confidence or in the course of performing his or her 
professional duties except
	(i)	as required by law, or
	(ii)	where, in the teacher's judgment, it would be in the best 
interests of the student to divulge the information,
		and
	(d)	not to
	(i)	 profit from
	(A)	any learning activities of students in the school in 
which the teacher is employed, or
	(B)	the sale of goods or services to students in the 
school in which the teacher is employed,
			or
	(ii)	accept pay for tutoring students in the school in which 
the teacher is employed. 
2   In relation to parents of students, the teacher is required
	(a)	to strive to establish a relationship of trust with parents,
	(b)	to provide parents with candid evaluations of their child's 
progress,
	(c)	to treat information received from parents with discretion,
	(d)	to be respectful in communications with and about parents, 
and
	(e)	not to discuss other students except where the matters being 
discussed are relevant to their child and then only to the 
extent that, in the teacher's judgment, is necessary.
3   In relation to colleagues, the teacher is required
	(a)	not to undermine the confidence of students in other teachers, 
including teachers to whom the Teaching Profession Act 
applies,
	(b)	not to criticize the professional competence or professional 
reputation of another teacher, including a teacher to whom 
the Teaching Profession Act applies, except
	(i)	in confidence to appropriate officials and after 
informing the other teacher of the criticism, or
	(ii)	in making a complaint about the unprofessional conduct 
of a teacher under section 9 of the Practice Review of 
Teachers Regulation or section 24 of the Teaching 
Profession Act,
		and
	(c)	not to take any steps to secure the discipline or dismissal of 
another teacher, including a teacher to whom the Teaching 
Profession Act applies, where the motivation of the teacher in 
taking the steps is the teacher's personal advantage or 
animosity toward the other teacher.
4   In relation to the teacher's employer, the teacher is required
	(a)	to respect the authority of the employer, the board and the 
members of the school administration,
	(b)	to express any concerns that the teacher has about the 
employer, the board, the members of the school 
administration or the operation of the school through 
appropriate channels as outlined in applicable policies,
	(c)	to protest through appropriate channels any administrative 
policies or practices that the teacher cannot in good 
conscience accept,
	(d)	to express his or her opinions and bring forward suggestions 
regarding the employer, the board, the members of the school 
administration or the operation of the school through 
appropriate channels and in an appropriate manner,
	(e)	to foster and maintain open and honest communication with 
the employer, the board and the members of the school 
administration,
	(f)	without limiting clauses (b) to (d), to be supportive of the 
employer, the board and members of the school 
administration,
	(g)	to fulfill the terms of his or her contract of employment, and
	(h)	to bring it to the attention of members of the school 
administration if the teacher is 
	(i)	assigned duties that the teacher is not qualified to carry 
out, or
	(ii)	required to work in conditions that make it difficult for 
the teacher to teach.
5   In relation to the teaching profession, the teacher is required
	(a)	to conduct himself or herself in a manner that maintains the 
honour and dignity of the profession, and
	(b)	not to engage in activities that adversely affect the quality of 
the teacher's professional service.
6   In relation to the school community as a whole, the teacher is 
required
	(a)	to conduct himself or herself in a manner that maintains the 
good reputation of the school,
	(b)	to be knowledgeable about and able to communicate 
accurately the philosophy, mission and policies of the school, 
and
	(c)	to conduct himself or herself in a manner that is respectful of 
the norms and values of the school community.


--------------------------------
Alberta Regulation 12/2010
Historical Resources Act
DISPOSITIONS AMENDMENT REGULATION
Filed: February 24, 2010
For information only:   Made by the Minister of Culture and Community Spirit 
(M.O. 01/10 CCS) on February 22, 2010 pursuant to section 35 of the Historical 
Resources Act. 
1   The Dispositions Regulation (AR 101/98) is amended by 
this Regulation.

2   Section 13 is amended by striking out "March 1, 2010" and 
substituting "February 28, 2011".