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The Manitoba Teachers' Society Act

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S.M. 2016, c. 4

Bill 17, 5th Session, 40th Legislature

The Manitoba Teachers' Society Act

(Assented to March 15, 2016)

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

DEFINITIONS

Definitions

1           The following definitions apply in this Act.

"by-law" means a by-law of the society. (« règlement administratif »)

"code of conduct" means the code of conduct adopted under subsection 12(1). (« code de conduite »)

"conduct committee" means the conduct committee established under clause 13(1)(a). (« comité de déontologie »)

"department" means the department as defined in The Education Administration Act. (« ministère »)

"former Act" means The Teachers' Society Act, R.S.M. 1987, c. T30. (« loi antérieure »)

"general secretary" means the person appointed as the general secretary of the society under subsection 5(3). (« secrétaire général »)

"local" means a local of the society that is formed in accordance with the by-laws. (« section locale »)

"member" means a member of the society. (« membre »)

"provincial council" means the provincial council continued under subsection 5(1). (« conseil provincial »)

"provincial executive" means the provincial executive continued under subsection 5(2). (« bureau provincial »)

"public school", "school district" and "school division" have the same meaning as in The Public Schools Act. (« district scolaire », « division scolaire » et « école publique »)

"register" means the register of members established and maintained under section 10. (« registre »)

"review committee" means the review committee established under clause 13(1)(b). (« comité d'examen »)

"school year" means the 12-month period from July 1 to June 30. (« année scolaire »)

"society" means The Manitoba Teachers' Society continued under section 2. (« Association »)

"teacher" means a teacher as defined in subsection 1(1) of The Public Schools Act and includes a person certified as a clinician as provided for in section 4 of The Education Administration Act. (« enseignant »)

THE SOCIETY

Society continued

2           The Manitoba Teachers' Society continued under the former Act is continued as a corporation without share capital.

Objects

3           The objects of the society are

(a) to advance and safeguard the interests of its members;

(b) to advocate for a strong, viable and effective education system that is capable of meeting the needs of students and teachers;

(c) to address social issues affecting the teaching profession;

(d) to promote and ensure high standards of professional conduct by its members;

(e) to establish and administer insurance and benefit schemes and programs as provided for in this Act; and

(f) to cooperate with other organizations in Canada and elsewhere having the same or similar objects.

Powers of society

4(1)        In pursuing its objects and carrying out its duties, the society has the capacity and the rights, powers and privileges of a natural person.

Corporations Act not to apply

4(2)        The Corporations Act does not apply to the society.

LEADERSHIP OF THE SOCIETY

Continuation of provincial council

5(1)         The provincial council established under the former Act is continued as the governing body of the society.

Continuation of provincial executive

5(2)        The provincial executive established under the former Act is continued as the executive of the provincial council and continues to exercise the powers and carry out the duties provided for in the by-laws and assigned to it by the provincial council.

General secretary

5(3)        The provincial council must appoint a general secretary of the society in the manner and on the terms specified in the by-laws and, acting under the direction of the provincial council and the provincial executive, the general secretary is to be responsible for the day-to-day operations of the society.

MEMBERSHIP

Who is a member

6(1)        The membership of the society consists of the individuals whose names are on the register and who are required to pay the fees provided for in the by-laws.

Entry of names on the register

6(2)        The names of the following are to be entered on the register by the general secretary:

(a) each teacher employed in a public school or a school designated by the provincial council;

(b) each other person who meets the requirements for membership established in the by-laws.

Teachers may choose to be excluded

6(3)        Despite clause (2)(a), a teacher may, in accordance with the by-laws, elect not to be a member for a school year if the teacher provides the society with written notice of the teacher's election before the school year begins. To elect not to be a member during the school year in which a person first becomes a teacher, the person must provide the society with written notice within 60 days after becoming a teacher.

By-laws re membership

7           The provincial council may make by-laws

(a) respecting membership in the society, including eligibility for membership and the process for becoming a member, electing not to be a member, having a member's name removed from the register and reinstating a member;

(b) establishing different membership classes and determining the rights, privileges and obligations associated with each class and the services to be provided to a class; and

(c) setting, or providing a method for setting, the annual membership fees and the fees for membership in a local, which may be different for different membership classes or different locals, and requiring that membership fees be paid.

Unpaid fees are debts owing

8           Any unpaid fee that is required to be paid as a condition of membership in the society is a debt recoverable by the society by a civil action for debt in a court of competent jurisdiction.

Éducatrices et éducateurs francophones du Manitoba

9           Éducatrices et éducateurs francophones du Manitoba is to continue to provide services in relation to members who use French as a language of instruction, in accordance with the powers and duties set out in the by-laws.

REGISTER

Register established by provincial council

10(1)       The provincial council must establish and maintain, in accordance with the by-laws, a register of members for one or more membership classes.

Contents of register

10(2)       The register must contain the following information for each member:

(a) the member's full name and residential address;

(b) the name of the school or schools at which the member is employed;

(c) the member's salary classification as determined by the department;

(d) the member's employment status specified in the member's teacher contract as provided for under The Public Schools Act;

(e) any other information specified in the by-laws.

By-laws re register

10(3)       The provincial council may make by-laws

(a) establishing and maintaining the form and content of the register, which may include the information that must be kept on or removed from the register and the manner in which members are able to correct information about themselves that is included in the register; and

(b) requiring members to provide the society with information necessary for establishing and maintaining the register.

Employers to provide information

11          A school division, school district or other employer of a teacher must provide the information described in clauses 10(2)(a) to (d) to the society on or before December 1 of each school year. If the information changes after that date, the employer must provide that information within 30 days of becoming aware of the change.

CODE OF CONDUCT

Code of conduct adopted

12(1)       The society must, in accordance with the procedures set out in the by-laws, adopt a code of conduct for its members, which must include standards of professional conduct and a code of ethics.

Code of conduct made available

12(2)       The society must make the code of conduct available to its members.

Compliance

12(3)       A member must comply with the code of conduct.

Conduct committee and review committee

13(1)       The society must establish

(a) a conduct committee, which is to be responsible for receiving, reviewing and resolving complaints about the conduct of a member or former member; and

(b) a review committee, which is to be responsible for hearing and determining matters referred to it by the conduct committee.

By-laws re conduct and review committees

13(2)       The provincial council must, by by-law, provide for

(a) the composition of each committee and the manner in which members of each committee are to be appointed;

(b) the designation of a chair of each committee;

(c) the process by which each committee is to carry out its responsibilities; and

(d) the circumstances in which each committee may conduct its affairs in camera.

Disciplinary process to be set out in by-laws

14(1)       The provincial council must, by by-law, provide for a process for dealing with breaches of the code of conduct for members or former members, which must include procedures for

(a) receiving, reviewing and resolving complaints;

(b) setting time periods for dealing with complaints;

(c) investigating and hearing complaints in accordance with the principles of procedural fairness and natural justice;

(d) giving notice of decisions to the parties; and

(e) publishing committee decisions, including the circumstances in which publication is not to occur or may be delayed.

Actions of conduct committee

14(2)       The provincial council must, by by-law, provide for the actions that the conduct committee may take in respect of a complaint, which may include investigating the matter, censuring a member, referring a matter for hearing by the review committee or directing that no further action be taken.

Rules of evidence do not apply to review committee

14(3)       The review committee is not bound by the rules of evidence that apply to judicial proceedings.

Power to administer oaths

14(4)       For the purpose of a hearing, the members of the review committee have the power to administer oaths and affirmations.

Orders of review committee

14(5)       If, after following the procedures set out in the by-laws, the review committee finds that a member has breached the code of conduct, the committee may make an order

(a) reprimanding the member;

(b) suspending the member, with or without conditions;

(c) terminating the member's membership;

(d) imposing on the member any other penalty, including a fine, provided for in the by-laws;

(e) requiring the member to pay all or part of the costs incurred by the society in the investigation and hearing of the complaint as those costs are determined by the review committee, to a maximum of $5,000.

Filing of order

14(6)       The society may file an order under clause (5)(d) or (e) in the Court of Queen's Bench, which may then be enforced in the same manner as a judgment of the court.

Recommendation to the Minister of Education and Advanced Learning

15          If the review committee orders the member's membership be suspended or terminated, the committee may recommend to the minister that the conduct of a member be referred to the Certificate Review Committee established under The Education Administration Act.

Appeal

16(1)       A member in respect of whom an order is made by the review committee may appeal the order to the Court of Appeal.

Commencing an appeal

16(2)       An appeal must be commenced by

(a) filing a notice of appeal; and

(b) giving a copy of the notice of appeal to the person designated in the by-laws;

within 30 days after the date on which the decision of the committee is given to the member.

Society is a party

16(3)       The society is a party to the appeal.

Appeal on the record

16(4)       An appeal must be based on the record of the hearing before the review committee and the decision of the review committee.

Powers of the Court on appeal

16(5)       Upon hearing the appeal, the Court of Appeal may

(a) make any finding or order that in its opinion ought to have been made;

(b) dismiss the appeal; or

(c) refer the matter back to the review committee for further consideration in accordance with any direction of the Court.

Stay pending appeal

16(6)       The order of the review committee remains in effect pending an appeal unless the Court of Appeal, on application, stays the order.

INSURANCE AND RELATED BENEFITS

Society may provide insurance and related benefits

17(1)       The society may establish and operate one or more schemes or programs to provide any of the following to its members and their dependants:

(a) life insurance;

(b) accident and sickness insurance, or accident or sickness insurance;

(c) insurance to cover the costs of medical, dental, hospital or nursing care;

(d) disability insurance and related benefits;

(e) any other health-related insurance or benefits.

Society may enter into group contract

17(2)       The society may, instead of operating a scheme or program referred to in subsection (1), enter into a group contract to provide the insurance or other benefits under that scheme or program.

Reinsurance

17(3)       The society may enter into a contract with an insurer to insure all or part of its liability under a scheme or program established and operated by the society under this section.

Insurance Act does not apply

17(4)       The operation of an insurance scheme or program under this section does not make the society an insurer under The Insurance Act, and that Act does not apply to the society in respect of any such insurance scheme or program.

Application to certain groups of non-members

17(5)       The society may extend the application of a scheme or program authorized by this section to the following persons and their dependants:

(a) employees of the society;

(b) employees of a local;

(c) employees of the Manitoba School Boards Association;

(d) persons who are employed by a school division or school district in connection with the operation of a public school in Manitoba and are not eligible for membership in the society;

(e) at the request of an employer, the persons employed by that employer as teachers in an institution other than a public school.

Society may charge premiums

18          The society may charge premiums for participation in any insurance scheme or benefit program provided under section 17 and may, as a condition of that participation, require the applicable premium to be paid in instalments by source deductions to be made and remitted by the employer.

BY-LAWS

By-laws

19(1)       The provincial council may make by-laws

Governance

(a) providing for the governance of the society and the administration of its affairs;

(b) respecting the composition of the provincial executive and providing for its powers and duties;

(c) governing the nomination, election, appointment and number of members of the provincial council, the provincial executive and officers, the filling of vacancies on the council or executive, and establishing the term of office and the duties and functions of those members and the officers;

(d) respecting the delegation of any duty or function of the provincial council to the provincial executive, officers, locals, committees and employees, and authorizing the sub-delegation of any of them, with or without conditions;

(e) fixing and regulating quorum, time, place, calling, giving of notice, conduct and business of general and special meetings of the society and regular or special meetings of the provincial council, the provincial executive and any committee or body of the society;

(f) establishing the qualifications of voters and the method or methods to be used for voting in respect of the society's affairs, and establishing electoral divisions on the basis of region, occupation or other criteria;

(g) concerning the formation and governance of locals, the granting of charters to locals and the role, duties and responsibilities of locals;

(h) establishing and governing the operation of committees and other bodies for administering the society's affairs or for dealing with matters of interest to its members or particular groups of members;

Operations

(i) authorizing the hiring of employees and providing for their remuneration;

(j) respecting collective bargaining or other negotiation processes related to the pursuit of the society's objects;

(k) providing for the management of the society's property and financial affairs;

(l) setting remuneration, fees and expenses payable to members of the provincial council, provincial executive, officers and the committees or bodies established under this Act or the by-laws or the method for determining the amounts;

(m) setting other fees payable by members or the method for setting those fees, which may be different for different classes of membership;

(n) establishing premiums for participation in any insurance scheme or benefit program provided under section 17;

Other Matters

(o) respecting anything to deal with the transition from the former Act to this Act;

(p) respecting matters referred to in this Act as being provided for or specified in the by-laws;

(q) respecting any other matter the provincial council considers necessary or advisable for administering the society's affairs.

Scope of by-laws

19(2)       A by-law must not be inconsistent with this Act.

By-laws to be public

19(3)       The society must ensure that copies of its by-laws are publicly available and that printed copies are available on request and at a reasonable cost.

GENERAL

Collection and disclosure of information on register

20          The society is authorized to

(a) collect the information necessary for the register from employers, the department or any other body or person provided for in the by-laws; and

(b) disclose

(i) the information on the register to the department or any other body or person provided for in the by-laws, and

(ii) the information described in clauses 10(2)(a) to (d) to an employer.

Confidentiality of information

21          Every person employed, appointed or retained for the purpose of administering the society's affairs, and every member of the provincial council, provincial executive or a committee or body of the society, must preserve confidentiality about all information that comes to the person's knowledge in the course of the person's duties and must not communicate or disclose any of the information to another person except

(a) to the extent the information is available to the public or is required to be disclosed under this Act or the by-laws or any other Act;

(b) in connection with the administration of the society's affairs, including but not limited to the registration of members and complaints about members or former members;

(c) to a body that governs the certification of teachers under an Act of the Legislature to the extent that the information is required for that body to carry out its mandate under that Act.

Effect of vacancy

22          As long as a quorum is present, a vacancy on the provincial council, provincial executive or a committee or other body established under this Act or the by-laws does not affect the body's power or jurisdiction or impair the right of the members remaining in office to act or make a decision.

Liability protection re investigations and hearings

23          No action or proceeding may be brought against the society, a member of the conduct committee or the review committee, a person conducting an investigation, or any employee, officer or other person acting under the authority of this Act or the by-laws for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under sections 13 to 16 or the by-laws relating to breaches of the code of conduct.

TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMING INTO FORCE

Transitional re holding office

24(1)       Every person who holds office as a member of the provincial council or the provincial executive, the general secretary, or an officer or a member of a committee immediately before the coming into force of this Act continues to hold that office on the coming into force of this Act until the person's term of office expires, the person resigns or the person's appointment is revoked.

Transitional re complaints

24(2)       Any complaints, investigations or proceedings commenced under the former Act with respect to the conduct of a member are continued under this Act. This Act and the by-laws apply, with necessary changes, to those complaints, investigations or proceedings as if they had been commenced under this Act.

Transitional re locals

24(3)       A local association established or continued under the former Act is continued as a local under this Act.

Transitional re members

24(4)       A member whose name is on the register kept under the former Act immediately before the coming into force of this Act is deemed to be a member whose name is on the register established under this Act.

By-laws continued

24(5)       The by-laws under the former Act are, insofar as they are not inconsistent with this Act, continued in force until amended or repealed under this Act.

Consequential amendment, C.C.S.M. c. E10

25          Subsection 4(2) of the English version of The Education Administration Act is amended by striking out "The Teachers' Society Act" and substituting "The Manitoba Teachers' Society Act".

Repeal

26          The Teachers' Society Act, R.S.M. 1987, c. T30, is repealed.

C.C.S.M. reference

27          This Act may be referred to as chapter T30 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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