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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. T30
The Teachers' Society Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"board" means the Advisory Board established under The Education Administration Act; ("conseil")
"department" means The Department of Education of the province; ("ministère")
"division association" means the organization of the members of the society for a teachers' electoral division; ("association de division")
"division executive" means the governing body of a division association; ("bureau de division")
"general secretary" means the general secretary of the society appointed as herein provided; ("secrétaire général")
"insurance" means
(a) life insurance on the lives of the members of the society or their dependents or both, or
(b) accident and sickness insurance or accident insurance or sickness insurance for the members of the society or their dependents or both, or
(c) insurance against the cost of medical, hospital or nursing care incurred by the members of the society or their dependents or both, or
(d) 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" )
"local association" means a local organization of the members of the society formed with the consent of the provincial executive; ("association locale")
"local executive" means the governing body of a local association; ("bureau local")
"minister" means the Minister of Education of the province; ("ministre")
"provincial council" means the governing body of the society elected or appointed under this Act; ("conseil provincial")
"provincial executive" means the executive committee of the provincial council; ("bureau provincial")
"public school" means any school established or maintained in the province under The Public Schools Act; ("école publique")
"society" means The Manitoba Teachers' Society; ("Association")
"teacher" means a person holding a legal certificate of qualification to teach in the province issued under The Education Administration Act. ("enseignant")
CONTINUATION
The Manitoba Teachers' Society is continued as a body corporate.
The society shall for all purposes be deemed to be the same corporation as that heretofore incorporated under the name "Manitoba Teachers' Federation".
The society may acquire, take, accept, and receive by purchase, gift, devise, bequest, or otherwise, and hold, sell, mortgage, lease, or dispose of, real and personal property and mortgages and charges thereon for the purposes for which the society is constituted.
OBJECTS
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.
ACTIVE MEMBERSHIP
Subject to subsections (2) and (3), every person who, on the coming into force of this Act, held or thereafter obtained or obtains a legal certificate of qualification, or a limited teaching permit, to teach in the province, and is employed as a teacher in a public school is, by virtue thereof, an active member of the society.
Any teacher may, by registered letter addressed and mailed to the general secretary,
(a) within 60 days after he receives his certificate, in the year in which the certificate is issued; and
(b) before July 1 in any other year;
elect to be excluded from membership in the society for the next ensuing school year.
Exclusion of limited permit teachers.
Any teacher who teaches under a limited teaching permit granted by the minister may, by registered letter addressed and mailed to the general secretary within 60 days after he receives his permit, elect to be excluded from membership in the society
(a) for the school year next ensuing after the grant of the permit, if the permit is issued in the month of July or August; or
(b) for the then current school year, if the permit is issued in any other month.
Any teacher who has elected to be excluded from membership, at any time after having so elected, may, if otherwise qualified for membership, change his election and be admitted to membership by giving notice by registered mail to the general secretary.
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.
ASSOCIATE MEMBERSHIP
The following persons are eligible to be associate members of the society and may, by application therefor, become associate members in the manner provided in the by-laws of the society, namely,
(a) all persons enrolled as students in courses leading to qualification as teachers in any institution in the province recognized by the department;
(b) subject to subsection (2), all teachers who were unemployed on the coming into force of this Act, or who thereafter became or become unemployed; and
(c) instructors in such schools in the province, other than public schools, as the provincial council may from time to time designate.
Limitation on associate membership.
The associate membership of persons who become associate members under clause (1)(b) is limited to the period of their unemployment.
Associate members have the same rights, privileges and benefits and are subject to the same liabilities and restrictions, as active members of the society, save that an associate member is not eligible for election as a member of the provincial council or provincial executive.
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).
LIFE MEMBERSHIP
On nomination of the provincial executive, life membership in the society may be conferred upon any member by resolution of the provincial council.
HONORARY MEMBERSHIP
Any person may be appointed an honorary member of the society by resolution of the provincial council.
TEACHERS' ELECTORAL DIVISION
The province shall, for the purposes of this Act, be divided into teachers' electoral divisions, which in the first instance shall have the same boundaries, and shall be known by the same numbers or names, as the inspectoral divisions existing or from time to time established in the province.
School Division Winnipeg No. 1.
The School Division of Winnipeg No. 1 is, for the purpose of this Act, a teachers' electoral division.
The provincial council may , at any time , alter the boundaries of any teachers' electoral division, or may, with or without reference to specific territorial limitation, establish new teachers' electoral divisions, and may make such provisions as are necessary consequent on such alteration or establishment.
PROVINCIAL COUNCIL
Members of provincial council.
The provincial council shall be composed of representatives duly elected by the division associations, remote local associations and Les Educatrices et Éducateurs Franco-Manitobains as hereinafter provided, and of the members of the provincial executive.
The provincial council may, subject to the by-laws of the society,
(a) exercise all the powers of the society, direct and supervise its business, property and affairs;
(b) exercise such powers as it may deem necessary for the welfare of the society and its members;
(c) pass, repeal and amend by-laws, rules and regulations (herein referred to as the by-laws of the society) for the purposes aforesaid, or for the delegation to the provincial executive of all or any of the powers of the provincial council, or for regulating the register to be kept as provided herein;
(d) provide for the enforcement of the by-laws of the society and impose penalties for the infraction thereof.
By-laws to be sent to members.
The general secretary shall mail to each member of the society a copy of each by-law after it has been approved as aforesaid.
The annual general meeting of the provincial council shall be held at such time in each year, and at such place, as the by-laws of the society may provide or as the provincial council may otherwise determine.
Limitation on powers of provincial council.
The provincial council shall not exercise any of its powers in a manner that is inconsistent with the provisions of the by-laws of the Society.
OFFICERS
The officers of the society shall be the president, president designate, vice-president, general secretary and such other officers as the bylaws 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.
PROVINCIAL EXECUTIVE
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.
Powers of provincial executive.
The provincial executive may exercise such powers as are by this Act vested in it or may be from time to time delegated to it by the by-laws of the society.
DIVISION ASSOCIATIONS
A division association shall be organized in each teachers' electoral division in the province and, save as hereinafter provided, includes all members of the society in that teachers' electoral division.
Each division association shall hold its annual general meeting at the time of the autumn teachers' convention or at such other time as may be fixed by by-law of the division association.
Powers of district association.
The division association in each teachers' electoral division may formulate a constitution, adopt by-laws and pass resolutions not inconsistent with this Act or the by-laws of the society, and shall carry on the work of the society within the boundaries of the teachers' electoral division in which the division association has been formed.
Constitution, by-laws, etc., to be approved by provincial executive or council.
Copies of the constitution, by-laws, and resolutions of each division association shall forthwith upon the passing thereof be forwarded to the general secretary; but, save in so far as they relate to matters of purely local concern, no such constitution, by-law, or resolution is operative or shall be acted upon until it has been approved by the provincial executive or the provincial council.
The provincial executive may in every case decide whether or not any such constitution, by-law, or resolution, relates to matters of purely local concern and its decision is final unless altered by the provincial council.
Each division association shall, in accordance with its constitution or by-laws, elect an executive consisting of a president, vice-president, secretary-treasurer, and three committee chairpersons, together with such additional number of members as may be deemed advisable from time to time.
Representation of provincial council.
Each division association shall, elect from its membership one representative for each 50 members of the division association, to be its representatives on the provincial council; but if the number of members of the division association when divided by 50 leaves a remainder of 26 or more, the division association is entitled to, and shall elect, one additional representative; but no division association shall have fewer than two representatives on the provincial council.
The representatives of a division association on the provincial council shall be elected from among the members of the division association in such manner as the by-laws or the constitution of the division association provide.
LOCAL ASSOCIATION
Any group of members of the society may, with the consent of the provincial executive, organize and establish a local association for the furtherance of the objects of the society.
A local association may formulate a constitution, adopt by-laws and pass resolutions not inconsistent with this Act or the by-laws of the society.
Constitutions, by-laws, etc., to be sent to general secretary, or to district secretary.
Copies of all constitutions, by-laws, and resolutions of each local association shall, forthwith upon the passing thereof, be forwarded to the general secretary, and, where the membership of the local association is drawn from one division association, to the division secretary thereof; but save in so far as they relate to matters of purely local concern, no such constitution, by-law, or resolution is operative or shall be acted upon until it has been approved by the provincial executive or the provincial council.
The provincial executive may in every case decide whether or not any such constitution, by-law, or resolution, relates to matters of purely local concern and its decision is final unless altered by the provincial council.
Members of the society located in areas of the province that do not form part of or are not assigned to a division association, may, with the consent of the provincial executive, form a remote local association.
Powers of remote local association.
A remote local association has all the powers of a local association.
Additional representative to provincial council.
Every remote local association shall, from its members, elect one representative for each 50 members of the remote local association to the provincial council; but where the membership of the remote local association divided by the number 50 leaves a remainder of 26 or more, the association is entitled to, and shall, elect an additional representative to the provincial council; but each remote local association shall have at least two representatives on the provincial council.
FEES
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.
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 bylaw; and
(b) any premium for insurance payable by the member, payment of which has, by bylaw been made a condition of membership.
The scales of fees adopted from time to time by the bylaws of the society, including any insurance premiums which, by bylaw, 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 bylaw, 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.
REGISTRATION
Record to be kept at central office.
There shall be kept at the central office of the society a book or books which comprises the register, in which shall be entered the name of every member of the society and such other information as may be directed by the provincial council from time to time.
The register shall be open and subject to the inspection of the minister, or his authorized representatives, or the secretary of the board, or any member of the society, or any public or high school inspector or any superintendent appointed or employed by any public school district, consolidated school district, school division, or school area, in the province, or any member of any board of trustees of any school district in the province, who has been authorized by formal motion of his board to make such an inspection, but shall not be open to representatives of commercial organizations.
The general secretary shall keep the register correct in accordance with this Act and the by-laws of the society.
Changes to be recorded in register.
Every member shall notify the general secretary, in writing, of any change in his qualifications, address, or school; and, upon notifying the general secretary, the member is entitled to have the necessary changes recorded in the register.
INVESTIGATION OF COMPLAINTS
The society may investigate the conduct of any member of the society in accordance with the bylaws 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 bylaws 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 nine 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 bylaws as it deems fit governing the procedures to be followed and the taking of evidence by the Review Committee; and such bylaws 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 30 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 bylaw.
EVIDENCE
Register as prima facie proof.
The register is admissible in evidence as prima facie proof of the facts therein stated.
INSURANCE
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. 20, 21 and 22.
In this section and in sections 21 and 22 "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 elegible members for purposes of this section and sections 21 and 22.
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 20(1) or provided under a group contract of insurance under section 21.
Premium as part of membership fee, etc.
The society may by bylaw, provide that
(a) the payment of the appropriate premium for insurance under a scheme or program undertaken or operated under subsection 20(1), or provided under a group contract of insurance under section 21, 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.