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TEACHING PROFESSION ACT

[RSBC 1996] CHAPTER 449

[Updated to September 6, 2000]

Contents

Section

1 

Definitions

2 

College of Teachers continued

3 

Membership

4 

Object

5 

Council

6 

Zones

7 

Candidates

8 

No opposing nomination

9 

Elections and term of office

10 

Elections

11 

By-elections

12 

Council members to be college members

13 

Failure to elect

14 

Annual meeting of the college

15 

Council meetings

16 

Election of officers

17 

Appointment of registrar

18 

Special meetings

19 

Expenses

20 

Service of documents

21 

General powers of the council

22 

Former members

23 

Bylaws

24 

Ratification of bylaws

25 

Admission and certification of members and issue of letter of permission

26 

Qualifications committee

27 

Teacher education programs committee

28 

Discipline committee and inquiry

29 

Criminal Records Review Act

30 

Citation

31 

Suspension pending hearing

32 

Conduct of hearing

33 

Failure to attend

34 

Action after hearing

35 

Action by council

36 

Action by registrar

37 

Effect of suspension

38 

Cancellation of a letter of permission

39 

Reinstatement

40 

Appeals

41 

Register

42 

Protection against actions

43 

Regulations requiring reports to minister

Schedule  [Repealed]

Definitions

1 In this Act:

"board" means a board of school trustees and a francophone education authority as defined by the School Act;

"certified" means having received a certificate of qualification under this Act;

"college" means the College of Teachers continued by this Act;

"council" means the council of the college;

"hearing" means a hearing held in accordance with this Act for the purposes of an inquiry authorized by section 28;

"letter of permission" means a letter from the college authorizing a person to give tuition or instruction without holding membership in the college or a certificate of qualification;

"member" means a member of the college;

"public school" means a school or a francophone school as defined in the School Act;

"register of members" means the register of members kept by the registrar under this Act;

"zone" means a zone established by regulation under section 6 (1).

College of Teachers continued

2 The College of Teachers is continued as a corporation that, for the purposes of this Act, has all the powers and capacity of a natural person of full capacity.

Membership

3 (1) Membership of the college consists of

(a) all persons who on December 22, 1987 held valid and subsisting certificates of qualification issued under the School Act,

(b) all persons employed by a board as superintendents of schools or assistant superintendents of schools on December 22, 1987, and

(c) all persons admitted to membership by the council.

(2) A member may resign from membership in the college at any time by giving written notice of his or her resignation to the registrar.

(3) Despite section 25 (3), the memberships of all members under subsection (1) (a) or (b) of this section for whom fees required to be paid under section 23 (1) (h) are in arrears, may be terminated and their certificates of qualification cancelled under subsection (5) of this section.

(4) The council may publish a notice at least once in each of 4 consecutive weeks in at least one newspaper having general circulation in British Columbia stating

(a) the date, on or before the first publication of the notice, that will be used in the calculation of a member's arrears for the purposes of paragraph (b), and

(b) the date, at least 90 days after the fourth week of publication of the notice, on which the memberships will be terminated and certificates of qualification will be cancelled for all members under subsection (1) (a) or (b) for whom fees required to be paid under section 23 (1) (h), calculated as of the date referred to in paragraph (a), remain in arrears.

(5) If a member to whom a notice under subsection (4) applies has not paid the arrears applicable to the member by the date referred to in subsection (4) (b), the membership is deemed terminated and the certificate of qualification is deemed cancelled for that member without further notice or a hearing.

(6) The notice under subsection (4) need not name individual members and is deemed to adequately identify each member under subsection (1) (a) or (b) to whom it applies for the purposes of subsection (4) (b) if it states that it applies to all members under subsection (1) (a) or (b) for whom fees required to be paid under section 23 (1) (h) are in arrears as of the applicable date referred to in subsection (4) (a) of this section.

(7) If a person whose membership is terminated and certificate of qualification is cancelled under subsection (5) was not in fact in arrears or paid the arrears by the date referred to in subsection (4) (b), the college must reinstate the person's membership and certificate of qualification without recourse to sections 25 and 26.

(8) Subject to subsection (7), sections 25 and 26 apply to a person whose membership is terminated and certificate of qualification is cancelled under this section.

Object

4 It is the object of the college to establish, having regard to the public interest, standards for the education, professional responsibility and competence of its members, persons who hold certificates of qualification and applicants for membership and, consistent with that object, to encourage the professional interest of its members in those matters.

Council

5 The college is to be governed in accordance with this Act by a council consisting of the following:

(a) 15 members elected to serve on the council under section 6;

(b) 2 persons appointed by the Lieutenant Governor in Council to hold office during pleasure;

(c) 2 persons appointed by the minister to hold office during pleasure;

(d) one person nominated jointly by the Deans of the Faculties of Education in British Columbia and appointed by the minister to hold office during pleasure.

Zones

6 (1) The Lieutenant Governor in Council by regulation may establish zones in British Columbia and specify the school districts in each zone.

(2) In each zone, one member must be elected to serve on the council as the representative for that zone.

(3) A regulation under subsection (1) that is made before September 30, 1997 may be made retroactive to a date on or after March 1, 1997 and, if made retroactive, is conclusively deemed to have come into force and have effect

(a) on and after the date specified, and

(b) for the purposes of an election held on or after that date.

Candidates

7 A member is not eligible to be a candidate for election to the council as the representative of a zone unless

(a) the member's chief place of employment by a board is in that zone, or if not employed by a board, the member's principal residence is in that zone,

(b) the member's nomination in writing is proposed by 10 members of the college each having his or her place of employment by a board in that zone or, if not employed by a board, having his or her principal residence in that zone, and

(c) written consent of the member for the nomination has been filed with the registrar by April 15 of the year in which the election is to take place.

No opposing nomination

8 If in a zone there is only a single candidate nominated, the registrar must declare that the candidate is elected as the council member for that zone.

Elections and term of office

9 (1) The college must hold elections for members of the council during the period October 14 to December 7 in 1993.

(2) The college must hold elections for members of the council during the period April 15 to June 7 in

(a) each odd numbered zone in each odd numbered year, and

(b) each even numbered zone in each even numbered year.

(3) The term of office of an elected member of council is 2 years from August 1 following the date of the election of the member.

Elections

10 (1) Subject to subsection (2), the council may make bylaws that it considers necessary or advisable respecting the election of members of the council.

(2) At an election of a member of the council to represent a zone, the vote must be by secret ballot of the members of the college who have their place of employment by a board in that zone or, if not employed by a board, who have their principal residence in that zone.

By-elections

11 (1) If an elected council member ceases to hold office before the member has served 18 months of his or her term, the council must promptly hold an election to choose a successor.

(2) Section 10 (2) and the bylaws made under section 10 (1) apply to an election held under subsection (1) of this section.

(3) If an elected council member ceases to hold office after the member has served 18 months or more of his or her term, the council may appoint an eligible member from the same zone to fill the vacancy.

(4) A council member elected under subsection (1) or appointed under subsection (3) holds office for the remainder of the term of the member whom he or she replaces.

Council members to be college members

12 If an elected council member ceases to be a member of the college, that council member ceases to hold office, and section 11 applies.

Failure to elect

13 (1) In the case of failure at an election to elect from any zone the required council member, the council may appoint from the same zone an eligible member of the college to be a council member.

(2) A member appointed under subsection (1) holds office as though he or she were elected at an election.

Annual meeting of the college

14 (1) A meeting of the college must be held at the time and place set by the council at least once in every calendar year and not more than 15 months after the last preceding annual meeting.

(2) If default is made in holding any annual meeting, the Supreme Court, on the application of a member, may call or direct the calling of an annual meeting of the college.

(3) The council, at any time of its own motion, may call a meeting of the college.

(4) The council, on the written request of at least 5% of the members of the college or of 11 members of the council, must call a meeting of the college, and the meeting must be held within 6 weeks after the registrar receives the request.

(5) The registrar must, at least 21 days before any meeting of the college, send notice of the meeting by mail to every member in good standing at the member's address last recorded in the records of the college.

(6) The council may and, on the written request of at least 5% of the members of the college, must take a vote of the members of the college by letter ballot, in the manner provided by the bylaws of the college, on any matter that under this Act or the bylaws can be voted on at a meeting of the college.

(7) A vote taken under subsection (6) has the same force as if the vote had been taken at a meeting of the college.

Council meetings

15 The meetings of the council must be held at the places and times set by the council.

Election of officers

16 (1) In each year, the persons who will be members of the council on August 1 of that year must, during June or July of that year, elect one of their number to be the chair to hold office and to be the head of the college for one year from that August 1.

(2) A person may be elected as chair under this section for a second or subsequent term.

(3) If a chair is unable to assume office or the office becomes vacant, the council must elect another person who will be a member of the council over the term of the vacancy to be the chair for the remainder of that term.

(4) The council may set the salaries or fees to be paid to persons elected under this section or appointed under section 17.

Appointment of registrar

17 (1) The council must appoint from among the members a registrar of the college who holds office during the council's pleasure.

(2) The council may appoint deputy registrars who have all the powers and duties of the registrar under this Act unless the council otherwise directs.

Special meetings

18 The chair of the college or 5 council members may call a meeting of the council and must give the members appropriate notice of that meeting.

Expenses

19 A reasonable allowance to defray the expenses of a council member, any member of a committee appointed by the council and any member of a subcommittee appointed under sections 26 (1.1), 27 (1.1) and 28 (1.1) incurred in attending meetings or on authorized business may be made and paid out of the funds of the college.

Service of documents

20 A document to be served on the college or on the council is sufficiently served if

(a) left at or mailed by registered mail to the principal office of the college, or

(b) served personally on the chair, registrar or a deputy registrar of the college.

General powers of the council

21 Subject to this Act, the council must govern and administer the affairs of the college and, without limiting that duty, the council may do the following:

(a) employ persons it considers necessary for the conduct and management of the business of the college, and assign duties to them;

(b) appoint an employee of the college as an evaluator with authority to evaluate and decide whether persons applying for a certificate of qualification or for membership in the college have complied with this Act and the bylaws of the college;

(c) delegate to a committee of the college the authority set out in paragraph (b), either in addition to or in substitution for one or more evaluators appointed under that paragraph;

(d) authorize the registrar to refer specific applications for certificates of qualification or for membership in the college to either

(i) an evaluator appointed under paragraph (b), or

(ii) a committee referred to in paragraph (c);

(e) appoint committees it considers necessary and delegate to those committees, with the limitations or conditions it considers appropriate, any powers or duties of the council, except those relating to

(i) fees payable by members, or

(ii) matters allocated to the discipline committee, qualifications committee or teacher education programs committee;

(f) take action and incur expense it considers necessary for the promotion, protection, interest or welfare of the college;

(g) determine the wages and benefits of officers and employees of the college;

(h) establish and maintain a system of continuing teacher education;

(i) approve, for certification purposes, the program of any established faculty of teacher education or school of teacher education.

Former members

22 (1) Sections 23 (1) (c) and (n) and (3), 28 (4) and (5), 30 (2), 31, 32 (1), 33 to 37, 40 and 41 apply to former members who hold certificates of qualification as if they were members.

(2) For the purposes of determining whether a former member who does not hold a certificate of qualification has been guilty of professional misconduct or other conduct unbecoming a member of the college, sections 23 (1) (c) and (n) and (3), 28 (4) and (5), 30 (2), 32 (1), 33, 34 and 40 apply to that former member as if the former member was a member.

(3) If a former member who holds a certificate of qualification ceases to hold the certificate of qualification after a report or complaint is received or a preliminary investigation or inquiry is commenced under section 28 (4) or (5), subsection (2) applies for the purposes of completing action or taking further action respecting the matter.

(4) If a former member does not hold a certificate of qualification and an adverse determination respecting the former member is made under section 34 (b), the council, by a resolution passed by the votes of a majority of the council members present at a duly constituted meeting of the council, may

(a) reprimand the former member, or

(b) direct that, for a set or indeterminate period, the former member is barred from membership and may not be issued a certificate of qualification.

(5) If the council has given a reprimand or made a direction under subsection (4), the registrar must, unless otherwise directed by the council,

(a) notify each board in British Columbia,

(b) notify the minister, and

(c) record the reprimand or direction in the register of members.

Bylaws

23 (1) The council may make bylaws consistent with this Act and the School Act as follows:

(a) respecting the carrying out of the administration of the affairs of the college and the maintenance of its standards, including bylaws for the purpose of implementing section 25 (1);

(b) respecting the election of the council and the conduct of those elections;

(c) respecting inquiries into the conduct of members and implementing the powers of the council and the discipline committee with respect to inquiries;

(d) respecting the training and qualifications of teachers and establishing standards, policies and procedures with respect to the training and qualifications including, but not limited to, professional, academic and specialist standards, policies and procedures;

(e) respecting the issue of certificates of qualification and classifying certificates of qualification into one or more types;

(f) respecting the standards of fitness for the admission of persons as members of the college;

(g) respecting the powers of the qualifications committee appointed under section 26;

(h) requiring fees to be paid to the college for membership, for the issue of certificates of qualification and for other purposes incidental to the purposes of the college, prescribing the amount of the fees and providing for the suspension or termination of memberships for default in the payment of fees;

(i) respecting the implementation of the powers of the teacher education programs committee;

(j) respecting the conduct of meetings of the council and committees appointed by it and the procedures to be followed during elections of the council;

(k) respecting the determination of whether or not a person is a member in good standing of the college;

(l) giving effect to and implementing the powers of the council set out in this Act;

(m) providing forms to be used for the purposes of this Act;

(n) respecting the costs of proceedings before the discipline committee or a subcommittee of that committee, including bylaws requiring members in respect of whom an adverse finding is made to pay all or part of those costs;

(o) providing for the delegation of the council’s powers of appointment and delegation under sections 26 (1.1), 27 (1.1) and 28 (1.1) to the chair of the college with the limitations and conditions the council considers appropriate.

(2) The council may make bylaws consistent with this Act for the discipline of members, the commencement and conduct of hearings and all other related matters.

(3) Bylaws made under subsection (2) must provide for a written report by the discipline committee of the facts as found by the discipline committee and a written report to the council of the result of a hearing by the discipline committee.

(4) Bylaws made under subsection (2) may provide that if the members of the discipline committee holding the hearing are unanimous in their decision as to the nature of the disciplinary action to be imposed under section 35, they may exercise the disciplinary powers of council but the disciplinary power of suspension or expulsion must not be exercised by the discipline committee without the consent of the respondent.

(5) The fact that a council member is a member of the discipline committee or a subcommittee of the discipline committee does not prevent the member from sitting as a council member on the consideration of a report of that committee or subcommittee.

Ratification of bylaws

24 (1) The registrar of the college must file with the minister a copy of each bylaw made by the council, certified under the seal of the college, within 10 days after it is made.

(2) The Lieutenant Governor in Council may disallow a bylaw respecting the training, qualification or certification of teachers within 60 days after the filing of it under subsection (1).

(3) A bylaw comes into force 60 days after the filing of it under subsection (1) unless the Lieutenant Governor in Council disallows the bylaw.

Admission and certification of members and issue of letter of permission

25 (1) The college must not do any of the following:

(a) issue a certificate of qualification to a person unless the person has met the relevant standards established by bylaw under section 23;

(b) admit a person as a member unless the person

(i) meets the standards of qualifications and the standards of fitness established by bylaw under section 23, and

(ii) satisfies the council that the person is of good moral character and is otherwise fit and proper to be granted membership;

(c) if a person fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined the person presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, admit the person as a member until the college has taken the failure or the determination into account.

(2) The council may

(a) issue a letter of permission to teach to a suitable person who is not a member and whose services in the opinion of the council are required for a special purpose and for a specified time, and

(b) place those conditions on the permission to teach that the council considers appropriate.

(3) Subject to section 3, the fact that a member

(a) resigns from the college,

(b) ceases to be a member of the college for failure to pay fees, or

(c) fails to renew his or her membership in the college,

does not have the effect of cancelling the member's certificate of qualification.

(4) The issue to a person of a letter of permission under subsection (2) does not make the person a member.

Qualifications committee

26 (1) The council must appoint a qualifications committee and must designate 2 council members as chair and vice chair of the committee.

(1.1) The council may appoint in accordance with the bylaws one or more subcommittees of the qualifications committee and may delegate to a subcommittee so appointed any powers or duties of the committee under the Act or bylaws.

(1.2) A person appointed to a subcommittee under subsection (1.1) may not sit on another subcommittee appointed under subsection (1.1) with respect to the same matter.

(2) Each member of the council is eligible to sit on the qualifications committee.

(3) The quorum of the qualifications committee is 3 members.

(4) The qualifications committee may inquire into

(a) applications for admission and certification, and

(b) reinstatement of persons as members.

(5) For the purposes of subsection (4), the qualifications committee or a subcommittee appointed under subsection (1.1)

(a) has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act, and

(b) may request the registrar of the college or any member of the qualifications committee to make preliminary investigations.

(6) If an inquiry is held, the qualifications committee must submit a written summary of its findings of fact and its recommendations to the council, which must immediately

(a) accept all or any part of the findings and recommendations,

(b) conduct a further inquiry concerning all or any part of the findings and recommendations not accepted by it, or

(c) refer all or any part of the findings and recommendations back to the qualifications committee for further consideration.

(7) For the purposes of subsection (6) (b), the council has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

(8) If a member of the qualifications committee ceases to be a council member, he or she may, with the consent of the committee chair, continue to be a member of the qualifications committee or a subcommittee appointed under subsection (1.1) for the purpose of completing any inquiry in which he or she has been involved.

(9) The fact that a council member is a member of the qualifications committee or a subcommittee appointed under subsection (1.1) does not prevent the member from sitting as a council member on the consideration of a report of that committee or subcommittee.

Teacher education programs committee

27 (1) The council must appoint a teacher education programs committee and must designate 2 council members as chair and vice chair of the committee.

(1.1) The council may appoint in accordance with the bylaws one or more subcommittees of the teacher education programs committee and may delegate to a subcommittee so appointed any powers or duties of the committee under the Act or bylaws.

(1.2) A person appointed to a subcommittee under subsection (1.1) may not sit on another subcommittee appointed under subsection (1.1) with respect to the same matter.

(2) Each member of the council is eligible to sit on the teacher education programs committee.

(3) The quorum of the teacher education programs committee is 3 members.

(4) The teacher education programs committee may

(a) cooperate with teacher education institutions in the design and evaluation of teacher education programs leading to certification by the college, and

(b) in cooperation with the qualifications and discipline committees, develop specific programs to assist individual teachers.

Discipline committee and inquiry

28 (1) The council must appoint a discipline committee and must designate 2 council members as chair and vice chair of the committee.

(1.1) The council may appoint in accordance with the bylaws one or more subcommittees of the discipline committee and may delegate to a subcommittee so appointed any powers or duties of the committee under the Act or bylaws.

(1.2) A person appointed to a subcommittee under subsection (1.1) may not sit on another subcommittee appointed under subsection (1.1) with respect to the same matter.

(2) Each member of the council is eligible to sit on the discipline committee.

(3) The quorum of the discipline committee is 3 members.

(4) If the college receives

(a) in respect of a member, a report from a board under section 16 or 166.28 of the School Act,

(b) in respect of a member or other person, a report from an authority under section 7 of the Independent School Act,

(c) a complaint in writing signed by 5 members about the conduct of a member, or

(d) a report from the registrar relating to the conduct of a member,

the council or discipline committee may, after considering the report or complaint, make or cause to be made a preliminary investigation into the conduct or competence of the member in respect of whom the report or complaint is made.

(4.1) If a grievance has been taken under the terms of a collective agreement respecting a dismissal, suspension or other disciplinary action reported under section 16 of the School Act, the council or disciplinary committee must not proceed under subsection (4) in response to the report until the grievance procedure has been concluded.

(4.2) If a grievance has been taken under the terms of a collective agreement respecting a dismissal, suspension or other disciplinary action reported under section 166.28 of the School Act, the council or disciplinary committee must not proceed under subsection (4) in response to the report until the grievance procedure has been concluded.

(5) The council or discipline committee may, whether or not it has conducted a preliminary investigation under subsection (4), inquire into the conduct or competence, or both, of any member in respect of whom a report or complaint referred to in subsection (4) is made.

(6) If a member of the discipline committee ceases to be a council member, he or she may, with the consent of the committee chair, continue to be a member of the discipline committee or a subcommittee appointed under subsection (1.1) for the purpose of completing any hearings in which he or she has been involved.

(7) For the purposes of subsection (4), the registrar may make reports in accordance with the directions of the council.

Criminal Records Review Act

29 If a member fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a member presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the council or discipline committee must inquire into the conduct or the competence of the member.

Citation

30 (1) An inquiry under section 28 or 29 must be commenced by a citation issued at the direction of any 3 elected council members or the chair of the discipline committee, and for the purposes of the inquiry the council or the discipline committee must hold a hearing.

(2) A citation must be served on the member to whom it relates and may be served personally on the member or by registered mail addressed to the member at his or her most recent address according to the records of the college.

(3) A citation to be served by registered mail must be delivered to an office of the Canada Post Office for that purpose at least 14 days before the hearing.

(4) A citation served personally must be served at least 10 days before the hearing.

(5) The citation must state the nature of the acts or omissions, or both, to be inquired into.

Suspension pending hearing

31 (1) If a citation of a member has been issued, any 3 elected council members may, in accordance with the bylaws of the college, suspend the membership and certificate of qualification of the member until the conclusion of the hearing.

(2) Notice of a suspension under subsection (1) must be served on the suspended member as soon as possible by registered mail or personally, and if served by registered mail, the service is deemed to have been made on the 14th day after the notice is delivered to an office of the Canada Post Office for that purpose.

(3) The council may, if cause is shown, rescind or vary a suspension made under subsection (1).

Conduct of hearing

32 (1) If an inquiry is made under section 28 or 29 respecting a member, the member may appear personally or with counsel at the hearing.

(2) The discipline committee or the council may employ legal or other assistance it considers necessary for the purpose of a citation or a hearing.

(3) For the purposes of conducting an inquiry under section 28 (5) or 29, the council, discipline committee or subcommittee has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

Failure to attend

33 If the member fails to attend the hearing, the council or the discipline committee may, on proof of service of the citation, proceed with the hearing and may, without further notice to the person cited, make a report of its findings or take any other action it is authorized to take under this Act.

Action after hearing

34 The council or the discipline committee, if authorized by the bylaws made under section 23, may after a hearing, and for the purpose of determining whether to take action in respect of the member under section 35,

(a) dismiss the citation,

(b) determine whether a member has been guilty of professional misconduct or other conduct unbecoming a member of the college,

(c) determine whether a member has incompetently carried out duties undertaken by the member in his or her capacity as an employee of a board, or

(d) make any other report to the council respecting the citation that it considers proper.

Action by council

35 (1) If an adverse determination respecting a member is made under section 34 (b), the council may, by a resolution passed by the votes of a majority of the council members present at a duly constituted meeting of the council,

(a) reprimand the member,

(b) suspend the membership and certificate of qualification of the member for a fixed or indeterminate period, or

(c) terminate the membership of the member in the college and cancel his or her certificate of qualification.

(2) If an adverse determination respecting a member is made under section 34 (c), the council may, by a resolution passed by the votes of a majority of the council members present at a duly constituted meeting of the council, do one or more of the following:

(a) suspend the membership and certificate of qualification of the member until the member has completed to the satisfaction of the council a course of study designated by the council;

(b) suspend the membership and certificate of qualification of the member until the member has appeared before a board of examiners appointed by the council and has satisfied the board that he or she is competent to carry out his or her responsibilities as an employee of the board;

(c) require that the member successfully complete a course of study designated by the council and, on his or her failure to complete the designated course to the satisfaction of the council, suspend the membership and certificate of qualification of the member for a fixed or indeterminate period;

(d) require the member to appear, within a period of time designated by the council, before a board of examiners appointed by the council, and satisfy the board that he or she is competent to carry out his or her responsibilities as an employee of the board and, on his or her failure to satisfy the board, suspend the membership and certificate of qualification of the member for a fixed or indeterminate period;

(e) suspend the membership and certificate of qualification of the member until the member has appeared before a board of examiners appointed by the council and has satisfied the board that his or her competence to carry out his or her responsibilities as an employee of the board is not adversely affected by a physical or mental disability or addiction to alcohol or drugs;

(f) require the member to appear, within a period designated by the council, before a board of examiners appointed by the council and satisfy the board that his or her competence to carry out his or her responsibilities as an employee of the board is not adversely affected by a physical or mental disability or addiction to alcohol or drugs and, on his or her failure to satisfy the board that his or her competence to carry out his or her responsibilities as an employee of the board is not adversely affected by such disability or addiction, suspend the membership and certificate of qualification of the member for a fixed or indeterminate period.

(3) If the certificate of qualification of a former member is suspended, the former member may not apply for membership during the period of suspension of the certificate of qualification.

Action by registrar

36 In a case of reprimand, or of termination or suspension of the membership and suspension or cancellation of the certificate of qualification of a member or cessation of membership for any other cause, the registrar must, unless otherwise notified by the council,

(a) notify each board in British Columbia,

(b) notify the minister, and

(c) record the fact in the register of members.

Effect of suspension

37 Suspension of membership and of a certificate of qualification of a member in the college has effect only for the purposes of

(a) section 19 or 166.28 of the School Act, and

(b) other purposes the bylaws of the college specify.

Cancellation of a letter of permission

38 (1) The council may, for just and reasonable cause, cancel or suspend a letter of permission.

(2) Section 32 applies for the purposes of a proceeding under subsection (1) as though an inquiry under section 28 (5) were being conducted.

Reinstatement

39 (1) On the application of a person who has ceased to be a member of the college, the council may, by resolution passed by the vote of a majority of the council members voting on the resolution, restore the person to membership in the college on conditions that the council considers fit to impose by the resolution.

(2) Unless the council with the consent of the applicant otherwise directs, the registrar of the college must give notice of reinstatement to each board in British Columbia, and to the minister.

(3) Notice in writing of an application for reinstatement must be given by the applicant to those persons that the council or the registrar of the college directs.

(4) The persons notified under subsection (3) may appear before the council in person, with or without counsel, and be heard on the application.

Appeals

40 A member may appeal to the Supreme Court any decision, determination or order of the qualifications committee, discipline committee, a subcommittee of either, or the council that affects the member and, from a decision, determination or order of the Supreme Court, may appeal to the Court of Appeal with leave of a justice of that court.

Register

41 The registrar of the college must maintain a register of all members.

Protection against actions

42 (1) An action for damages does not lie against the college, a member, an officer or employee of the college, or any other person, for anything done or omitted by him or her in good faith while acting or purporting to act on behalf of the college under this Act.

(2) The college must indemnify any individual referred to in subsection (1) for any costs or expenses incurred by him or her in any legal proceedings taken against him or her for anything done or omitted by him or her in good faith while acting or purporting to act on behalf of the college under this Act.

Regulations requiring reports to minister

43 (1) The Lieutenant Governor in Council may make regulations requiring the submission to the minister of reports on

(a) the financial affairs and administration of the college,

(b) the performance of teachers and administrative officers, and

(c) education matters generally.

(2) A regulation under subsection (1) may delegate to the minister the power to make regulations or issue guidelines respecting those reports.

Schedule

[Schedule repealed 1997-29-41.]


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