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3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 9

THE TEACHERS' SOCIETY AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. T30 amended

1           The Teachers' Society Act is amended by this Act.

2           Subsection 10(2) is amended by adding the following after clause (b):

(b.1) establish, maintain and enforce standards of professional conduct and a code of conduct for active members of the society;

3(1)        Subsection 18(1) is amended by adding "active" before "member".

3(2)        Subsection 18(2) is amended by striking out "been guilty of" and substituting "engaged in".

3(3)        Subsection 18(4) is amended

(a) in the part before clause (a),

(i) by adding "on a balance of probabilities" after "shall determine", and

(ii) by adding "by order" before "impose"; and

(b) by striking out "or" at the end of clauses (a) and (b) and adding the following after clause (b):

(b.1) suspension of membership in the society, with or without conditions;

(b.2) termination of membership in the society;

(b.3) a penalty provided for in the by-laws of the society;

3(4)        The following is added after subsection 18(4):

Costs

18(4.1)     In addition to a sanction under subsection (4), the Review Committee may order the member to pay to the society, within the time period set in the order, up to $5,000 of the costs of the investigation and hearing.

3(5)        The following is added after subsection 18(13):

Reinstatement

18(14)      A member whose membership is terminated under clause (4)(b.2) may be reinstated in accordance with the by-laws of the society.

Filing of order

18(15)      The society may file an order to pay a monetary penalty or costs in the Court of Queen's Bench and, once filed, the order may be enforced in the same manner as a judgment of the court.

Coming into force

4            This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill strengthens the internal discipline process of the Manitoba Teachers' Society for teachers.

In addition to existing penalties, teachers who are found to have engaged in unprofessional conduct or conduct unbecoming a teacher may have their membership in the society suspended or terminated. Teachers who are disciplined may also be required to pay some or all of the society's costs in respect of the disciplinary investigation and hearing.