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S.M. 1986-87, c. 38
An Act to amend The Teachers' Society Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 2 of The Teachers' Society Act being chapter T30 of the Continuing Consolidation of the Statutes of Manitoba is amended by adding thereto immediately after clause (e) thereof the following clause:
(e.l) "insurance" means
(i) life insurance on the lives of the members of the society or their dependents or both, or
(ii) accident and sickness insurance or accident insurance or sickness insurance for the members of the society or their dependents or both, or
(iii) insurance against the cost of medical, hospital or nursing care incurred by the members of the society or their dependents or both, or
(iv) other insurance related to the health of the members of the society or their dependents or both, or any of those types of insurance; ("assurance")
Section 4 of The Act is repealed and the following section is substituted therefor:
The objects of the society are
(a) to promote and advance the cause of education in Manitoba;
(b) to advance and safeguard the welfare of teachers in Manitoba;
(c) to enhance the teaching profession in Manitoba;
(d) to address social issues that affect the teaching profession in Manitoba;
(e) to cooperate with other organizations in Canada or elsewhere having the same or like aims and objects; and
(f) to take measures that are not inconsistent with this Act or any Act of the Legislature which the society considers necessary or advisable to give effect to any policy adopted by it with respect to any question directly or indirectly affecting teaching, teachers or education.
Section 5 of the Act is amended by adding thereto immediately after subsection (4) thereof the following subsection:
Rights of certain associate members.
An associate member within the meaning of clause 6(1)(c) who is employed where members of the society have formed a remote local association shall be deemed to be an active member of the society and shall have the same rights, privileges and benefits and is subject to the same liabilities and restrictions as active members of the society.
Section 6 of the Act is amended by adding thereto immediately after subsection (3) thereof, the following subsection:
Non-application of restrictions and limitations.
The restrictions and. limitations with respect to an associate member as set out in subsection (3) do not apply to an associate member referred to in subsection 5(5).
Subsection 10(1) of the Act is amended by adding thereto immediately after the word "associations" in the 2nd line thereof, the words "remote local associations and Les Éducatrices et Éducateurs Franco-Manitobains".
Subsection 10(3) of the Act is repealed.
Section 11 of the Act is repealed and the following section is substituted therefor:
The officers of the society shall be the president, president designate, vice-president, general secretary and such other officers as the by-laws of the society may from time to time prescribe.
The president designate and vice-president shall be elected at each annual general meeting of the provincial council and the general secretary shall be appointed by the provincial executive.
President designate to become president.
The president designate shall become president after completion of the one year term as president designate.
The duties and powers of the officers shall be those defined by the by-laws and policies of the society.
The provincial executive shall fix the remuneration to be paid to the general secretary and any other office assistants.
Subsection 12(1) of the Act is repealed and the following subsection is substituted therefor:
Members of the provincial executive.
The provincial executive shall be composed of the president, the president designate, the vice-president, the immediate past president and such number of additional members as may be determined by the provincial council and chosen in such manner as may be provided by the by-laws of the society.
Subsection 13(6) of the Act is amended
(a) by striking out the words "at its annual general meeting" in the 1st line thereof and substituting therefor the words "in accordance with its constitution or by-laws, "; and
(b) by striking out the word "chairmen" in the 3rd line thereof and substituting therefor the word " chairpersons".
Subsection 13(7) of the Act is amended by striking out the words "at its annual general meeting" in the 1st line thereof.
Subsection 14(7) of the Act is amended by striking out the words "one representative" in the 6th line thereof and substituting therefor the words "two representatives".
The Act is further amended by adding thereto immediately after section 14 thereof the following section:
Les Éducatrices et Éducateurs Franco-Manitobains shall act as an agency of The Manitoba Teachers' Society on all matters related to education in the French language.
The duties and powers of Les Éducatrices et Éducateurs Franco-Manitobains shall be those defined by the by-laws and policies of the society.
Section 15 of the Act is repealed and the following section is substituted therefor:
Every member of the society, except life members and honorary members, shall pay annually on or before October 1 in each year
(a) such membership fee as may from time to time be fixed or prescribed by by-law; and
(b) any premium for insurance payable by the member, payment of which has, by by-law been made a condition of membership.
The scales of fees adopted from time to time by the by-laws of the society, including any insurance premiums which, by by-law, has been made part of the annual membership fee, is the scale of fees for the society.
The annual membership fee payable by members of the society and any insurance premium payable by members of the society, payment of which has, by by-law, been made a condition of membership, or made a part of the annual membership fee, and any membership fees payable by members to a division association or a remote local association are debts due by the members to the society and may be collected with costs of suit in the name of the society in any court having jurisdiction at the place where the member resides or teaches.
Section 17 of the Act is repealed and the following section is substituted therefor:
The society may investigate the conduct of any member of the society in accordance with the by-laws made for that purpose.
Where a committee of the society appointed for that purpose is of the opinion that a member has been guilty of unprofessional conduct or conduct unbecoming a teacher, it may cause a formal charge to be laid against such member; but no formal charge may be laid against a member after the expiration of any period of time that may be prescribed by the by-laws of the society.
Hearing of charge by Review Committee.
Any charge laid under subsection (2) shall be heard and determined by a committee of the society to be known as the "Review Committee".
The Review Committee shall determine whether the charges against the member charged are proven or not proven and upon making such determination if it finds them not proven, dismiss the charges, or if it finds the charges proven, impose any or all of the following sanctions which the Committee deems appropriate upon the member:
(a) admonishment; or
(b) censure; or
(c) recommend to the minister that the member's certificate be suspended or revoked.
Composition of Review Committee.
The Review Committee shall consist of at least 9 members appointed by the Provincial Executive, none of whom shall be a member of the Provincial Executive or the Certificate Review Committee.
The society may make such by-laws as it deems fit governing the procedures to be followed and the taking of evidence by the Review Committee; and such by-laws may provide that the Review Committee is not bound by the rules of evidence applicable in a Court of law.
Any member found guilty of unprofessional conduct or conduct unbecoming a teacher and against whom a sanction has been imposed, may appeal the finding and sanction within thirty teaching days of the finding and imposition of sanction of the Review Committee.
An appeal shall be made by Originating Notice of Motion returnable before a Judge of the Court of Queen's Bench, and the record of the appeal shall consist of the complaint filed before the Review Committee, the written decision of the Review Committee and all exhibits filed in the proceedings.
Certified copies of pleadings etc.
The Review Committee shall, upon the request of a member desiring to appeal, issue to that member, at the expense of the member, a certified copy of all pleadings, reports, orders and papers upon which the Review Committee acted in making the written decision in respect of which the appeal is taken.
Action of Court of Queen's Bench on appeal.
On the hearing of an appeal, the Court may do any one or more of the following things:
(a) confirm the findings and sanction of the Review Committee;
(b) reverse the findings and sanction of the Review Committee;
(c) modify the sanction of the Review Committee and impose what it deems to be a proper sanction in substitution therefor:
(d) refer the matter back to the Review Committee for further hearing and determination having regard to the Court's ruling;
(e) order costs as the Court considers just.
For the purpose of this Act, the Court's disposition, should it vary from the Review Committee's disposition, shall be deemed to be the disposition of the Review Committee.
The decision of the Court of Queen's Bench shall be final and binding, and there shall be no further appeal.
Notwithstanding any want of form in the proceedings, no action shall be brought against any committee, or any member of the society, or employee thereof, for anything done in good faith under this Act or under a regulation or by-law.
The Act is further amended by adding thereto immediately after section 18 thereof the following sections:
Operation of insurance programs, etc.
The society may undertake and operate, as an insurer, schemes and programs of insurance for its members or their dependents or both.
Where the society undertakes or operates a scheme or program of insurance under subsection (1), it may enter into a contract with an insurer to insure all or part of its liability under the scheme or program.
Where the society undertakes or operates a scheme or program of insurance under subsection (1), it is not, by reason thereof, an insurer under The Insurance Act or subject, in any way, to The Insurance Act.
Definition of "member" for secs. 19, 20 and 21.
In this section and in sections 20 and 21 "member" includes
(a) active members, associate members, life members, honorary members, employees of the society or of any division association or local association; and
(b) persons employed by the Manitoba Association of School Trustees, persons employed by the board of trustees of a school division or a school district in the province in connection with the operation of a public school, and persons employed as teachers in jurisdictions in the province other than public schools where the employers request that their employees be designated eligible members for purposes of this section and sections 20 and 21.
The society may, on such terms and conditions as it deems proper, enter into a group contract of insurance with an insurer to provide insurance to the members of the society or their dependents or both.
The society may charge premiums for any insurance under a scheme or program undertaken or operated under subsection 19(1) or provided under a group contract of insurance under section 20.
Premium as part of membership fee, etc.
The society may by by-law, provide that
(a) the payment of the appropriate premium for insurance under a scheme or program undertaken or operated under subsection 19(1), or provided under a group contract of insurance under section 20, is a condition of membership in the society; or
(b) that the appropriate premium for such insurance is a part of the annual membership fee payable for every member of the society.
This Act comes into force on the day it receives the royal assent.