5th Session, 42nd Legislature
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Bill 35
THE EDUCATION ADMINISTRATION AMENDMENT ACT (TEACHER CERTIFICATION AND PROFESSIONAL CONDUCT)
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(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Education Administration Act is amended by this Act.
2 The following is added before section 1:
PART 1
3 Section 1 is amended
(a) by adding the following definitions:
"director of certification" means the director appointed under section 6; (« directeur des brevets »)
"teaching certificate" means a teaching certificate issued under this Act by the director of certification. (« brevet d'enseignement »)
(b) by repealing the definition "field representative".
4 The following is added before section 2:
PART 2
RESPONSIBILITIES OF THE MINISTER
5 Subsection 4(1) is amended
(a) by replacing clause (c) with the following:
(c) respecting the certification of teachers, including, but not limited to,
(i) establishing the qualifications and other requirements to be met by applicants for a teaching certificate,
(ii) classifying teaching certificates, including requiring that different requirements be met for different classes,
(iii) establishing a reconsideration process for applicants who are refused a teaching certificate or a change in classification, and
(iv) respecting the issuance, cancellation and renewal of teaching certificates, including requiring certificates to be renewed at specified times and subject to specified terms and conditions;
(c.1) establishing competence standards that a teacher must meet in order to be issued and to maintain a teaching certificate;
(c.2) respecting the registry of teachers under section 8.38, including, but not limited to,
(i) governing the keeping of the registry,
(ii) specifying additional information to be kept on the registry, and
(iii) authorizing the removal of information from the registry;
6 Section 5 is repealed.
7 Section 6 is replaced with the following:
6(1) A director of certification is to be appointed in accordance with Part 3 of The Public Service Act.
6(2) The director of certification has the powers conferred and the duties imposed by this Act and the regulations.
6(3) The director of certification may delegate to one or more employees of the department the director's powers or duties under this Act.
Issuing a teaching certificate
6.1(1) The director of certification may issue a teaching certificate to an applicant who
(a) applies in writing in the form required by the director;
(b) meets the requirements for certification established by regulation; and
(c) pays the fees prescribed by regulation.
6.1(2) The director of certification must not issue or renew a teaching certificate if the director determines that the past conduct or actions of the applicant afford grounds for believing that the applicant will not carry out the responsibilities of a teacher in accordance with the law, including this Act, The Public Schools Act and the regulations under those Acts.
8 The following is added after section 8:
PART 3
TEACHER DISCIPLINE
DEFINITIONS
8.1 The following definitions apply in this Part.
"commissioner" means the commissioner appointed under section 8.2. (« commissaire »)
"complaint" means a complaint made under section 8.9. (« plainte »)
"court" means the Court of King's Bench. (« tribunal »)
"employer" means a person who employs a teacher to provide
(a) a program that forms part of the curriculum provided by
(i) a public school, or
(ii) an independent school that receives funding under subsection 60(5) of The Public Schools Act; or
(b) a program that meets the credit and course requirements established by the minister under The Public Schools Act leading to the granting of a high school diploma or a certificate of completion. (« employeur »)
"investigated teacher" means a teacher about whom a complaint or report is made, and includes a teacher about whom the commissioner has initiated an investigation. (« enseignant concerné »)
"panel" means a panel established under section 8.24. (« comité »)
"professional misconduct" of a teacher means conduct that makes them unsuitable to be a teacher, including, but not limited to, the following:
(a) any act concerning a pupil or other child under the teacher's care or supervision that involves
(i) sexual abuse or sexual exploitation of the pupil or child,
(ii) sexual misconduct concerning the pupil or child,
(iii) physical harm to the pupil or child, or
(iv) significant emotional harm to the pupil or child;
(b) any act prohibited under section 163.1 of the Criminal Code (Canada) (child pornography);
(c) conduct that is prescribed by regulation to constitute professional misconduct. (« inconduite professionnelle »)
"registry" means the registry of teachers established under section 8.38. (« registre »)
"report" means a report about a teacher made under section 8.10. (« signalement »)
"teacher" means a teacher who holds a teaching certificate under this Act, and includes a teacher whose certificate has been suspended. (« enseignant »)
COMMISSIONER AND HEARING PANEL ROSTER
8.2(1) On the recommendation of the minister, the Lieutenant Governor in Council may appoint a commissioner.
8.2(2) The commissioner's term of office is up to five years, and a commissioner may be re-appointed.
8.2(3) If the office of the commissioner is vacant or the commissioner is temporarily absent because of illness or another reason, the minister may designate an acting commissioner to exercise the powers and perform the duties of the commissioner.
8.2(4) The commissioner has the powers conferred and the duties imposed on the commissioner by this Act and the regulations.
8.3(1) The commissioner may delegate to one or more employees of the department the commissioner's powers or duties under this Act, except the power to
(a) make or accept a proposal for a consent resolution agreement under section 8.20; or
(b) refer a matter for a hearing under section 8.23.
8.3(2) A delegation must be in writing and may include terms or conditions.
8.4(1) Within three months after the end of the government's fiscal year, the commissioner must submit an annual report to the minister on the activities of the commissioner and of the panels, and on any other matters the commissioner considers should be included or that the minister directs be included.
8.4(2) The minister must make the annual report public within 45 days after receiving it.
8.5 The commissioner's staff are employees of the department.
Commissioner's rules of practice and procedure
8.6(1) In accordance with the regulations, the commissioner may make rules respecting practice and procedure in relation to
(a) the just and timely resolution of a matter raised in a complaint or report;
(b) investigations initiated by the commissioner under subsection 8.14(2); and
(c) hearings before a panel.
8.6(2) The commissioner must make the rules available to the public.
8.7(1) Decisions of the commissioner and of a panel are final and binding, subject to the right to appeal in section 8.35.
8.7(2) However, the commissioner may, within 30 days after a decision by the commissioner or a panel, amend a final decision to
(a) correct a typographical, an arithmetical or other similar error in the decision; and
(b) correct an obvious error or omission in the decision.
Roster of hearing panel members
8.8(1) The minister must appoint a roster of persons who may act as members of hearing panels.
8.8(2) The roster is to be composed of the following:
(a) four teachers, three of whom have been nominated by The Manitoba Teachers' Society and one of whom is a teacher in an independent school;
(b) four persons nominated by The Manitoba School Boards Association;
(c) four public representatives who are not and have never been teachers.
8.8(3) A person may be appointed to the roster for a term fixed by the minister, and may be re-appointed.
8.8(4) A person on the roster is to be paid the remuneration set by the minister and reasonable expenses incurred in performing duties under this Act.
COMPLAINTS AND REPORTS ABOUT TEACHERS
8.9 Any person may make a written complaint to the commissioner that alleges
(a) professional misconduct by a teacher; or
(b) that a teacher has been or is incompetent to carry out the professional responsibilities of a teacher.
8.10(1) An employer must report the following to the commissioner without delay if a teacher they employ
(a) has been charged with or convicted of an offence under the Criminal Code (Canada) relating to the physical or sexual abuse of children, where the employer has knowledge of the matter;
(b) has been suspended, dismissed or otherwise disciplined for professional misconduct or incompetence; or
(c) has resigned in circumstances where a report of the resignation is in the public interest.
8.10(2) A report must be in writing and set out
(a) the reasons for disciplinary action reported under clause (1)(b); or
(b) the circumstances of a resignation reported under clause (1)(c).
8.10(3) The employer must give a copy of the report to the teacher who is the subject of it.
Teacher's self-report of charge or conviction
8.10(4) A teacher must report to the commissioner without delay if they have been charged or convicted of an offence relating to the sexual or physical abuse of a child.
PRELIMINARY REVIEW AND INVESTIGATION
Preliminary review of complaint or report
8.11 On receiving a complaint or report, the commissioner must acknowledge receipt and conduct a preliminary review of the matters raised.
Decision not to take further action
8.12(1) The commissioner may decide not to take further action on one or more of the matters raised in a complaint or report if the commissioner determines that any of the following apply:
(a) the matter is not within the jurisdiction of the commissioner or a panel;
(b) the matter is frivolous, vexatious or trivial or gives rise to an abuse of process;
(c) the complaint or report was made in bad faith or filed for an improper purpose or motive;
(d) there is no reasonable prospect the complaint or report will result in an adverse finding by a panel;
(e) it is not in the public interest to take further action;
(f) the matter has not been pursued in a timely manner.
8.12(2) If the commissioner decides not to take further action, the commissioner must give written reasons to the investigated teacher and the person who made the complaint or report.
8.12(3) If the commissioner determines that it is in the public interest, the commissioner may make public a summary of the decision not to take further action under this section, excluding all identifying information.
8.13 After a preliminary review, the commissioner may defer taking further action on a matter raised in a complaint or report if
(a) the commissioner considers that the matter is more appropriately addressed in another process; and
(b) the commissioner determines that it is in the public interest that the other process is concluded before taking further action.
8.14(1) The commissioner must investigate a complaint or report unless the commissioner
(a) decides not to take further action under section 8.12; or
(b) decides that no investigation is required before making or accepting a proposal for a consent resolution agreement under section 8.20 or before referring the matter for a hearing under section 8.23.
8.14(2) The commissioner may also investigate, on the commissioner's own initiative if it is in the public interest,
(a) the conduct of a teacher; or
(b) the competency of a teacher to carry out the teacher's professional responsibilities.
8.14(3) The commissioner must give notice to the following persons, as applicable, of an investigation:
(a) the investigated teacher;
(b) the person who made the complaint or report;
(c) the teacher's employer.
8.14(4) In investigating a matter, the commissioner may consider any of the following in relation to the investigated teacher:
(a) previous decisions not to take further action after a preliminary review under section 8.12;
(b) previous investigations under this section;
(c) previous consent resolution agreements under section 8.20;
(d) previous findings under subsection 8.29(1) or orders under section 8.30;
(e) disciplinary action taken under this Act before the coming into force of this section.
Power to compel witnesses and require disclosure
8.15(1) During an investigation under section 8.14, the commissioner may require a person
(a) to give evidence, on oath or affirmation or in any other manner, that is relevant to a matter being investigated; or
(b) to produce a document or other thing in the person's possession or control that is relevant to a matter being investigated.
8.15(2) The commissioner may apply to the court for an order directing a person to comply with the commissioner's requirement.
Additional investigation powers
8.16 For the purpose of an investigation under section 8.14, the commissioner may
(a) enter the premises of an employer or any other premises where records of the employer may be kept;
(b) inspect any record of an employer; or
(c) interview the investigated teacher, the person who made the complaint or report, any employee of an employer, or any other person the commissioner considers may have relevant information.
Suspension of teaching certificate before hearing
8.17(1) At any time after the commissioner receives a complaint or report or initiates an investigation, and while the outcome of proceedings under this Act is pending, the commissioner may order the director of certification to suspend the teaching certificate of the investigated teacher until the matter is resolved.
8.17(2) The commissioner may act under subsection (1) only if the commissioner considers it necessary to protect pupils from exposure to harm.
8.17(3) The commissioner may vary or rescind a suspension made under this section on the commissioner's own initiative or on the written request of the suspended teacher.
8.17(4) The commissioner must give notice to the suspended teacher and their employer of any suspension, variation or recession made under this section, along with reasons.
8.18 After completing an investigation under section 8.14, the commissioner must do one or more of the following:
(a) make a decision under section 8.19 not to take further action;
(b) make or accept a proposal for a consent resolution agreement under section 8.20;
(c) refer the matter, in whole or in part, for a hearing under section 8.23.
Decision not to take further action
8.19(1) At the conclusion of an investigation, the commissioner may decide not to take further action on one or more of the matters related to the investigation if the commissioner determines that any of the following apply:
(a) the matter is not within the jurisdiction of the commissioner or a panel;
(b) the matter is frivolous, vexatious or trivial or gives rise to an abuse of process;
(c) the complaint or report that led to the investigation was made in bad faith or filed for an improper purpose or motive;
(d) there is no reasonable prospect the complaint or report or a matter relating to the investigation will result in an adverse finding by a panel;
(e) it is not in the public interest to take further action;
(f) the matter has not been pursued in a timely manner.
8.19(2) If the commissioner decides not to take further action, the commissioner must give written reasons to the following persons, as applicable:
(a) the investigated teacher;
(b) the person who made the complaint or report;
(c) the teacher's employer.
8.19(3) If the commissioner determines that it is in the public interest, the commissioner may make public a summary of the decision not to take further action under this section, excluding all identifying information.
CONSENT RESOLUTION
8.20(1) At any time before a hearing is commenced under section 8.25, the commissioner may
(a) propose in writing to the investigated teacher that they enter into a consent resolution agreement; or
(b) accept a proposal in writing from the teacher for such an agreement.
8.20(2) In determining whether to make or accept a proposal, the commissioner may consider the matters referred to in subsection 8.14(4).
8.20(3) A consent resolution agreement must contain
(a) the terms set out in the commissioner's proposal, or the terms set out in the proposal made by the investigated teacher if acceptable to the commissioner;
(b) an admission by the teacher as to one or more of the matters raised in the complaint or report or related to the investigation; and
(c) one or more of the consequences about which a panel may make an order under section 8.30.
8.20(4) A consent resolution agreement entered into under this section has the same effect as an order made under section 8.30.
8.20(5) After a consent resolution agreement is entered into, no further action may be taken under this section or section 8.23 (referral for a hearing) on the matters contained in the agreement, unless the investigated teacher fails to comply with one or more terms of the agreement.
8.20(6) If the commissioner and the investigated teacher do not enter into a consent resolution agreement, a panel must not consider any admission made or information provided in relation to a proposal for an agreement (apart from the information collected in an investigation separate from the proposal for an agreement) in making a finding under subsection 8.29(1) or an order under section 8.30.
8.20(7) In a proceeding, other than a criminal proceeding, unless agreed to by the commission and the investigated teacher, a person must not disclose or be compelled to disclose a document or other record created specifically for the purpose of entering into a consent resolution agreement.
8.20(8) The commissioner must give a copy of the consent resolution agreement to the person who made the complaint or report, unless the commissioner gives a direction to the director of certification under clause 8.21(2)(a) or decides not to make the agreement public under clause 8.21(2)(b).
Publication of consent resolution agreement
8.21(1) Subject to subsection (2), the director of certification must make a consent resolution agreement entered into under section 8.20 public, and may do so by posting a notice on a government website.
8.21(2) If the commissioner considers that making a consent resolution agreement public would cause significant hardship to a person who was harmed, abused or exploited by the investigated teacher, the commissioner may
(a) direct the director of certification to make public a summary of the agreement, excluding all identifying information; or
(b) decide not to make the agreement public.
8.22 If, as a term of a consent resolution agreement, a teaching certificate is suspended or cancelled or limitations or conditions are placed on the certificate, the director of certification must
(a) notify all employers of teachers; and
(b) post the information on the registry.
DISCIPLINARY HEARING
Referral after preliminary review
8.23(1) After a preliminary review under section 8.11, the commissioner may refer the matter for a hearing by a panel.
8.23(2) After an investigation under section 8.14, the commissioner must refer the matter for a hearing by a panel, unless the commissioner decides not to take further action under section 8.19 or to make or accept a proposal for a consent resolution agreement under section 8.20.
8.23(3) A referral must include a description of the matters to be considered by a panel and a statement of the material facts on which the referral is based.
8.23(4) On making a referral, the commissioner must do the following:
1.Establish a panel in accordance with section 8.24.
2.Determine whether the hearing will be oral or by written submissions.
3.For an oral hearing, set the time and place of the hearing; for a hearing by way of written submissions, set time lines for submissions.
4.Give written notice of the hearing, in accordance with the regulations, to the investigated teacher and the person who made the complaint or report, of the time and place of an oral hearing or, for a hearing that is not oral, of the time lines for submissions.
8.23(5) The commissioner may make any other orders, in accordance with the commissioner's rules of practice and procedure, that the commissioner considers necessary to facilitate the just and timely resolution of one or more matters relating to the referral.
8.23(6) Before a hearing ends, the commissioner may amend a referral if the commissioner receives new information relevant to the referral. In that case, notice of the amendment must be given to the investigated teacher and the person who made the complaint or report.
8.24(1) When a referral is made, the commissioner must establish a panel consisting of three members selected from the roster established under section 8.8.
8.24(2) One member of the panel must be a teacher, one must be a person nominated by The Manitoba School Boards Association and one must be a public representative.
8.24(3) The public representative is the chair of the panel.
8.24(4) A quorum for a panel is the three members referred to in subsection (2).
8.25(1) A panel must conduct a hearing in accordance with the commissioner's rules of practice and procedure.
8.25(2) If a panel considers it necessary and appropriate to facilitate the just and timely resolution of one or more matters before it, the panel may, despite subsection (1),
(a) make determinations about the application of the commissioner's rules of practice and procedure and may vary the rules; and
(b) request the commissioner to schedule an oral hearing.
Power to compel witnesses and order disclosure
8.26(1) At any time before or during a hearing, a panel may make an order requiring a person
(a) to attend a hearing to give evidence, on oath or affirmation or in any other manner, that is relevant to a matter before the panel; or
(b) to produce for the panel a document or other thing in the person's possession or control that is relevant to a matter before the panel.
8.26(2) The commissioner may apply to the court for an order directing a person to comply with an order made under subsection (1).
8.27(1) An oral hearing of a panel must be open to the public.
8.27(2) Despite subsection (1) and subject to the regulations, the panel may direct that the public is excluded from all or part of a hearing if it considers that
(a) intimate personal matters may be disclosed during the hearing; and
(b) the desirability of avoiding disclosure of the intimate personal matters outweighs the desirability of adhering to the principle that hearings be open to the public.
8.28 If the investigated teacher fails to attend a hearing, on proof that notice of the hearing was given to the teacher in accordance with subsection 8.23(4), the panel may proceed with the hearing and may take any action it is authorized to take under this Act and make any order that the panel could have made in the presence of the teacher.
FINDINGS AND ORDERS
8.29(1) After a hearing, a panel may make any of the following findings:
(a) dismiss the referral;
(b) determine that the investigated teacher has been or is guilty of professional misconduct;
(c) determine that the investigated teacher has been or is incompetent to carry out the professional responsibilities of a teacher;
(d) determine that the investigated teacher does not have the capacity to carry out the professional responsibilities of a teacher because of a physical or mental disability;
(e) make any other report to the commissioner that the panel considers appropriate.
8.29(2) In making a finding, the panel may consider any of the following in relation to the investigated teacher:
(a) previous decisions not to take further action after a preliminary review under section 8.12;
(b) previous investigations under section 8.14;
(c) previous consent resolution agreements under section 8.20;
(d) previous findings under this section or orders under section 8.30;
(e) disciplinary action taken under this Act before the coming into force of this section.
8.30 If a panel makes a finding under clause 8.29(1)(b), (c) or (d), it may make an order setting out one or more of the following:
(a) a reprimand of the investigated teacher;
(b) a requirement that the director of certification suspend the teaching certificate of the investigated teacher
(i) for a fixed period,
(ii) until the teacher has fulfilled conditions imposed by the panel, or
(iii) until the teacher has satisfied the director of certification that the teacher is able to carry out the teacher's professional responsibilities;
(c) a requirement that the director of certification cancel the teaching certificate of the investigated teacher;
(d) a requirement that the director of certification cancel the teaching certificate of the investigated teacher unless the teacher has fulfilled conditions by a fixed date imposed by the panel;
(e) a requirement that the director of certification not issue a teaching certificate to the investigated teacher for a fixed or indeterminate period;
(f) a requirement that the director of certification place specified limitations and conditions on the investigated teacher's teaching certificate.
8.31(1) The panel may make an order requiring the investigated teacher to pay all or part of the costs of a hearing if the panel considers the conduct of the investigated teacher to have been unreasonable, including by causing undue delay or taking steps that were improper or vexatious.
8.31(2) An order under subsection (1) may be filed in the Court of King's Bench and may be enforced in the same manner as a judgment of the court.
8.32(1) A panel must make a written decision on the matter, consisting of its findings, any order made by it and the reasons for the decision, and give it to
(a) the investigated teacher;
(b) subject to subsection (3), in the case of a complaint or report, the person who made the complaint or report;
(c) the commissioner; and
(d) the director of certification.
8.32(2) Subject to subsection (3), the director of certification must make the written decision public, and may do so by posting a notice on a government website.
8.32(3) If the commissioner considers that making the written decision public would cause significant hardship to a person who was harmed, abused or exploited by the investigated teacher or is otherwise not in the public interest, the commissioner may
(a) direct the director of certification to make public a summary of the decision, excluding all identifying information; or
(b) decide not to make the decision public.
Further orders preventing public disclosure
8.33 In situations in which the panel may make an order that the public be excluded from all or part of a hearing, the commissioner may make any orders the commissioner considers necessary to prevent the public disclosure of matters (including documents) disclosed at the hearing, including an order banning publication.
8.34 If an order is made to suspend or cancel a teaching certificate or place limitations or conditions on a certificate, the director of certification must
(a) notify all employers of teachers; and
(b) post the information on the registry.
APPEAL
8.35(1) The investigated teacher or the commissioner may appeal a finding of the panel under subsection 8.29(1) or an order made under section 8.30 to the court.
8.35(2) An appeal may be commenced by filing a notice of appeal within 30 days after the decision of the panel is given to the investigated teacher. If the investigated teacher appeals, the teacher must promptly give a copy of the notice to the commissioner.
8.35(3) On hearing the appeal, the court may
(a) dismiss the appeal;
(b) make any finding or order that in its opinion ought to have been made; or
(c) refer the matter back to a panel for further consideration in accordance with any direction of the court.
8.35(4) An order of the panel remains in effect despite an appeal unless the court, on application, stays the order pending the appeal.
CONFIDENTIALITY OF INFORMATION
Confidentiality of information
8.36 The commissioner, a panel member and any person appointed or retained for the purpose of this Part must keep confidential all information that comes to their knowledge in the course of their responsibilities and must not disclose the information to any other person or entity unless
(a) the information is available to the public or is authorized or required to be disclosed under this Part;
(b) disclosure is necessary to administer or enforce this Act or the regulations;
(c) disclosure is necessary to comply with an order made by a court or other person or body with jurisdiction to compel production of the information; or
(d) the person the information is about consents to the disclosure.
REGULATIONS
8.37 The minister may make regulations
(a) prescribing conduct for the purpose of the definition "professional misconduct" in section 8.1;
(b) respecting the commissioner's rules of practice and procedure;
(c) respecting the manner of giving notice of a hearing, decision or other matter under this Act;
(d) respecting circumstances in which a hearing or part of a hearing should be closed to the public for the purpose of subsection 8.27(2);
(e) prescribing time lines within which the commissioner or a hearing panel must act on a matter;
(f) defining any word or expression used but not defined in this Part;
(g) respecting any matter the minister considers necessary or advisable to carry out the purpose of this Part.
PART 4
TEACHER REGISTRY
8.38(1) The director of certification must establish and maintain an online registry of teachers for the purpose of providing the public with the information described in this section.
8.38(2) The registry must include the following information about each teacher who holds a teaching certificate on or after the coming into force of this section:
1.The teacher's name and, subject to subsection (4), any previous name known to the director.
2.The date the teaching certificate was issued, its class and its current status.
3.A record of any suspension or cancellation of the teaching certificate or of any current limitations or conditions imposed on it.
4.Any other information that the regulations specify as information to be kept on the registry.
Contents re teachers previously certified
8.38(3) In addition, the registry must include
(a) the information mentioned in items 1 and 2 of subsection (2) for each teacher who held a teaching certificate after January 1, 1960; and
(b) the information mentioned in item 3 of subsection (2) for each teacher who held a teaching certificate after January 1, 1990.
8.38(4) A teacher who does not wish to have a previous name included in the registry may ask the director of certification to exclude it. The director must then exclude the previous name unless satisfied that doing so is not in the public interest.
8.38(5) The registry may be organized in any manner the director of certification considers most accessible by the public, including by class of teaching certificate.
9 The centred heading before section 10 is replaced with the following:
PART 5
10 Subclause 11(1)(e)(i) is repealed.
11 Subsection 19(2) is amended by striking out "or an employee or agent of the government" and substituting ", an employee or agent of the government, the commissioner or a member of a panel".
Transitional — "former Act" defined
12(1) In this section, "former Act" means The Education Administration Act as it read immediately before the coming into force of this section.
Referral for disciplinary hearing under former Act
12(2) A matter that was referred to the review committee under section 5 of the former Act before the coming into force of this section must be concluded under the former Act as though this Act had not come into force.
If no referral for disciplinary hearing
12(3) A matter about which no referral was made to the review committee under the former Act before the coming into force of this section must be dealt with under this Act.
Matters dealt with under this Act
12(4) In the circumstance mentioned in subsection (3),
(a) the teacher's teaching certificate is deemed to have been suspended under section 8.17 as enacted by section 8 of this Act;
(b) the teacher may request the commissioner to take up the matter under this Act; and
(c) on receiving a request, the commissioner must deal with the matter as if the commissioner had initiated an investigation under subsection 8.14(2) as enacted by section 8 of this Act.
12(5) If a teaching certificate is under suspension on the day this section comes into force, the suspension continues and any conditions imposed in relation to the suspension continue to apply.
12(6) The minister may make regulations to remedy any difficulty, inconsistency or impossibility resulting from the transition to this Act of matters respecting teacher discipline under the former Act.
Consequential amendments, C.C.S.M. c. P250
13(1) The Public Schools Act is amended by this section.
13(2) Subsection 1(1) is amended by adding the following definition:
"field representative" means a member of the staff of the department who is given responsibilities under this Act; (« représentant régional »)
13(3) Clause 41(1)(t) is repealed.
13(4) Subsection 92(7) is amended by striking out "on the complaint of the school division or school district to have his certificate of qualification suspended by a field representative" and substituting "to having the school division or school district report the matter to the commissioner under Part 3 of The Education Administration Act,".
13(5) Clause 96(1)(d) is repealed.
Consequential amendment, C.C.S.M. c. T30
14 Section 15 of The Manitoba Teachers' Society Act is repealed.
15 This Act comes into force on a day to be fixed by proclamation.