Acts and Regulations

E-1.12 - Education Act

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Mandatory reporting of non-professional conduct
2000, c.52, s.19
31.1(1)The following definitions apply in sections 31.1 to 31.6.
“administrative proceedings” means hearings before an adjudicator under the Public Service Labour Relations Act and hearings before the Appeal Board.(procédure administrative)
“professional person” means a professional person as defined in subsection 30(10) of the Family Services Act.(professionnel)
“serious professional misconduct” means conduct engaged in by a member of the school personnel that has or is likely to have an injurious effect on the physical, mental, social or emotional well-being of a pupil or any other person under 19 years of age, including, but not limited to, physical, psychological or sexual abuse and sexual exploitation.(inconduite professionnelle grave)
31.1(2)Repealed: 2021, c.10, s.1
31.1(2.1)If a member of the school personnel has been charged with or convicted of an offence under the Criminal Code (Canada), the member shall notify the superintendent concerned without delay.
31.1(3)A superintendent shall report to the Minister without delay the name of any teacher or other member of the school personnel
(a) who has been convicted of an offence under the Criminal Code (Canada),
(b) who the superintendent has reasonable grounds to believe has engaged in conduct constituting serious professional misconduct,
(c) who, in the case of a teacher, the superintendent has reasonable grounds to believe has committed an act which may be grounds for the suspension or revocation of the teacher’s certificate, or
(d) who is seeking to resign or against whom disciplinary action is being contemplated because of serious professional misconduct or alleged serious professional misconduct.
31.1(3.1)A superintendent shall report to the Registrar without delay the name of any teacher
(a) who has been convicted of an offence under the Criminal Code (Canada),
(b) who the superintendent has reasonable grounds to believe has committed an act which may be grounds for the suspension or revocation of the teacher’s certificate, or
(c) who is being investigated, who is seeking to resign or against whom disciplinary action is being contemplated because of serious professional misconduct or alleged serious professional misconduct.
31.1(4)A member of the school personnel shall immediately report to the superintendent concerned the name of any member of the school personnel who the member has reasonable grounds to believe has engaged in serious professional misconduct.
31.1(5)A professional person who is not a member of the school personnel shall immediately report to the Minister the name of any member of the school personnel who the person has reasonable grounds to believe has engaged in serious professional misconduct.
31.1(6)This section applies notwithstanding that the person has acquired the information through the discharge of the person’s duties or within a confidential relationship.
31.1(7)A person who fails to comply with subsection (2.1), (3), (3.1), (4) or (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
31.1(8)No action lies for damages or otherwise against a person in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the execution or intended execution of the duty to report under this section.
31.1(9)Except in the course of judicial or administrative proceedings, no person shall reveal the identity of a person who has given information under this section without that person’s written consent.
31.1(10)A person who violates subsection (9) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
31.1(11)No disciplinary action may be taken against, and no resignation may be accepted from, a member of the school personnel as a result of serious professional misconduct or alleged serious professional misconduct, nor is an agreement in relation to such disciplinary action or resignation valid, without the prior approval of the Minister.
31.1(12)The Minister may, prior to any disciplinary action being taken against a member of the school personnel, take such action as the Minister considers appropriate if, in the opinion of the Minister, a matter reported to the Minister under this section
(a) has been inadequately investigated, or
(b) may result in inappropriate disciplinary action against a member of the school personnel.
31.1(12.1)Repealed: 2021, c.10, s.1
31.1(13)Notwithstanding any provision in any collective agreement under the Public Service Labour Relations Act, any information maintained in the file of a member of the school personnel with respect to a resignation or disciplinary action taken in relation to serious professional misconduct shall not be removed.
2000, c.52, s.19; 2021, c.10, s.1
Mandatory reporting of non-professional conduct
2000, c.52, s.19
31.1(1)In this section
“administrative proceedings” includes hearings before an adjudicator under the Public Service Labour Relations Act and hearings before the Appeal Board;(procédure administrative)
“professional person” means a professional person as defined in subsection 30(10) of the Family Services Act.(professionnel)
31.1(2)In this section and in paragraph 57(1)(w.3)
“non-professional conduct” means conduct having or likely to have an injurious effect on the physical, mental, social or emotional well-being of a pupil, or any other person under the age of nineteen years.(inconduite)
31.1(3)A superintendent shall report to the Minister the name of any teacher or other member of the school personnel
(a) who has been convicted of an indictable offence under the Criminal Code (Canada),
(b) who, in the case of a teacher, the superintendent has reasonable grounds to believe has committed an act which may be grounds for the suspension or revocation of the teacher’s certificate, or
(c) who is being investigated, who is seeking to resign or against whom disciplinary action is being contemplated because of non-professional conduct or alleged non-professional conduct.
31.1(4)A member of the school personnel shall immediately report to the superintendent concerned the name of any member of the school personnel who he or she has reasonable grounds to believe has engaged in non-professional conduct.
31.1(5)A professional person who is not a member of the school personnel shall immediately report to the Minister the name of any member of the school personnel who he or she has reasonable grounds to believe has engaged in non-professional conduct.
31.1(6)This section applies notwithstanding that the person has acquired the information through the discharge of his or her duties or within a confidential relationship.
31.1(7)A person who fails to comply with subsection (3), (4) or (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
31.1(8)No action lies for damages or otherwise against a person in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the execution or intended execution of the duty to report under this section.
31.1(9)Except in the course of judicial or administrative proceedings, no person shall reveal the identity of a person who has given information under this section without that person’s written consent.
31.1(10)A person who violates subsection (9) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
31.1(11)No disciplinary action may be taken against, and no resignation may be accepted from, a member of the school personnel as a result of non-professional conduct or alleged non-professional conduct, nor is any agreement in relation to such disciplinary action or resignation valid, without the prior approval of the Minister.
31.1(12)The Minister may, prior to any disciplinary action being taken against a member of the school personnel, take such action as the Minister considers appropriate if, in the opinion of the Minister, a matter reported to the Minister under this section
(a) has been inadequately investigated, or
(b) may result in inappropriate disciplinary action against a member of the school personnel.
31.1(12.1)Notwithstanding subsection (12), the Minister may, at any time, act under section 30.
31.1(13)Notwithstanding any provision in any collective agreement under the Public Service Labour Relations Act, any information maintained in the file of a member of the school personnel with respect to a resignation or disciplinary action taken in relation to non-professional conduct shall not be removed.
2000, c.52, s.19
Mandatory reporting of non-professional conduct
2000, c.52, s.19
31.1(1)In this section
“administrative proceedings” includes hearings before an adjudicator under the Public Service Labour Relations Act and hearings before the Appeal Board;
“professional person” means a professional person as defined in subsection 30(10) of the Family Services Act.
31.1(2)In this section and in paragraph 57(1)(w.3)
“non-professional conduct” means conduct having or likely to have an injurious effect on the physical, mental, social or emotional well-being of a pupil, or any other person under the age of nineteen years.
31.1(3)A superintendent shall report to the Minister the name of any teacher or other member of the school personnel
(a) who has been convicted of an indictable offence under the Criminal Code (Canada),
(b) who, in the case of a teacher, the superintendent has reasonable grounds to believe has committed an act which may be grounds for the suspension or revocation of the teacher’s certificate, or
(c) who is being investigated, who is seeking to resign or against whom disciplinary action is being contemplated because of non-professional conduct or alleged non-professional conduct.
31.1(4)A member of the school personnel shall immediately report to the superintendent concerned the name of any member of the school personnel who he or she has reasonable grounds to believe has engaged in non-professional conduct.
31.1(5)A professional person who is not a member of the school personnel shall immediately report to the Minister the name of any member of the school personnel who he or she has reasonable grounds to believe has engaged in non-professional conduct.
31.1(6)This section applies notwithstanding that the person has acquired the information through the discharge of his or her duties or within a confidential relationship.
31.1(7)A person who fails to comply with subsection (3), (4) or (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
31.1(8)No action lies for damages or otherwise against a person in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the execution or intended execution of the duty to report under this section.
31.1(9)Except in the course of judicial or administrative proceedings, no person shall reveal the identity of a person who has given information under this section without that person’s written consent.
31.1(10)A person who violates subsection (9) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
31.1(11)No disciplinary action may be taken against, and no resignation may be accepted from, a member of the school personnel as a result of non-professional conduct or alleged non-professional conduct, nor is any agreement in relation to such disciplinary action or resignation valid, without the prior approval of the Minister.
31.1(12)The Minister may, prior to any disciplinary action being taken against a member of the school personnel, take such action as the Minister considers appropriate if, in the opinion of the Minister, a matter reported to the Minister under this section
(a) has been inadequately investigated, or
(b) may result in inappropriate disciplinary action against a member of the school personnel.
31.1(12.1)Notwithstanding subsection (12), the Minister may, at any time, act under section 30.
31.1(13)Notwithstanding any provision in any collective agreement under the Public Service Labour Relations Act, any information maintained in the file of a member of the school personnel with respect to a resignation or disciplinary action taken in relation to non-professional conduct shall not be removed.
2000, c.52, s.19