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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 |
Midpoint |
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 |
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.
