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This is an unofficial version of the Act as of the day it was repealed.
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REPEALED
Date: March 15, 2016


C.C.S.M. c. T30

The Teachers' Society Act

Table of contents

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

Definitions

1

In this Act,

"board" means the Advisory Board established under The Education Administration Act; (« conseil »)

"department" means the department of government over which the minister presides and through which this Act is administered; (« 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 appointed by the Lieutenant Governor in Council to administer this Act; (« 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 »)

S.M. 1993, c. 48, s. 103; S.M. 2001, c. 43, s. 63; S.M. 2004, c. 42, s. 85.

CONTINUATION

Incorporation continued

2

The Manitoba Teachers' Society is continued as a body corporate.

Continuity of society

3(1)

The society shall for all purposes be deemed to be the same corporation as that heretofore incorporated under the name "Manitoba Teachers' Federation".

Powers of society

3(2)

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

Objects of society

4

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

Active members of society

5(1)

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.

Notice of exclusion

5(2)

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

5(3)

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.

Excluded member may rejoin

5(4)

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.

5(5)

[Repealed] S.M. 1998, c. 27, s. 2.

S.M. 1998, c. 27, s. 2.

ASSOCIATE MEMBERSHIP

Associate members

6(1)

The following persons are eligible to be associate members of the society:

(a) a teacher who is not employed as a teacher;

(b) an instructor teaching in a school, other than a public school, that is designated by the provincial council.

Application for membership

6(2)

An application for membership as an associate shall be made in accordance with the bylaws of the society.

Rights and services

6(3)

The society shall, by bylaw, determine the rights and responsibilities of associate members and the services the society will provide to them.

S.M. 1998, c. 27, s. 3.

STUDENT MEMBERSHIP

Student members

6.1(1)

A student enrolled in a course of studies that is recognized by the department as leading to qualification as a teacher is eligible to be a student member of the society.

Application for membership

6.1(2)

An application for membership as a student shall be made in accordance with the bylaws of the society.

Rights and services

6.1(3)

The society shall, by bylaw, determine the rights and responsibilities of student members and the services the society will provide to them.

S.M. 1998, c. 27, s. 4.

LIFE MEMBERSHIP

Life members

7

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

Honorary members

8

Any person may be appointed an honorary member of the society by resolution of the provincial council.

TEACHERS' ELECTORAL DIVISION

Electoral divisions

9

For the purpose of elections under this Act, the provincial council shall establish teachers' electoral divisions in the province, and may at any time establish new divisions and alter the boundaries of existing divisions.

S.M. 1998, c. 27, s. 5.

PROVINCIAL COUNCIL

Members of provincial council

10(1)

The provincial council shall be composed of representatives duly elected by the division associations, remote local associations and Les Éducatrices et Éducateurs Francophones du Manitoba as hereinafter provided, and of the members of the provincial executive.

Powers of provincial council

10(2)

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;

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

(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

10(3)

The general secretary shall mail to each member of the society a copy of each by-law after it has been approved as aforesaid.

Annual general meeting

10(4)

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

10(5)

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.

S.M. 1991-92, c. 41, s. 27; S.M. 2013, c. 27, s. 2.

OFFICERS

Officers

11(1)

The officers of the society are the president, the vice-president, the general secretary and any other officers prescribed in the bylaws of the society.  The bylaws may prescribe one or more additional vice-presidents.

Election of officers

11(2)

The officers, other than the general secretary, shall be elected in accordance with the bylaws of the society.

Appointment of general secretary

11(3)

The general secretary shall be appointed by the provincial executive.

Duties and powers

11(4)

The officers shall carry out the duties and exercise the powers that are prescribed in the bylaws and policies of the society.

S.M. 1998, c. 27, s. 6.

Provincial executive

12(1)

The provincial executive shall consist of the president, the vice-president or vice-presidents and any other members prescribed in the bylaws of the society.

Duties and powers

12(2)

The provincial executive may exercise the powers given to it under this Act and any other powers prescribed in the bylaws of the society.

Remuneration of staff

12(3)

The provincial executive shall determine the remuneration to be paid to the general secretary and any other staff.

S.M. 1998, c. 27, s. 6.

DIVISION ASSOCIATIONS

Organization

13(1)

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.

Annual general meeting

13(2)

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

13(3)

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

13(4)

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.

Decision of council

13(5)

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.

Division executive

13(6)

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

13(7)

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.

Method of election

13(8)

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

Organization

14(1)

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.

Powers of local association

14(2)

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

14(3)

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.

Decision of council

14(4)

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.

Remote local association

14(5)

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

14(6)

A remote local association has all the powers of a local association.

Additional representative to provincial council

14(7)

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.

ÉDUCATRICES ET ÉDUCATEURS FRANCOPHONES DU MANITOBA

Agency of Society

15(1)

Les Éducatrices et Éducateurs Francophones du Manitoba shall act as an agency of The Manitoba Teachers' Society on all matters related to education in the French language.

Duties and powers

15(2)

The duties and powers of Les Éducatrices et Éducateurs Francophones du Manitoba shall be those defined by the by-laws and policies of the society.

S.M. 1991-92, c. 41, s. 27.

FEES

Membership fees

16(1)

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.

Scales of fees

16(2)

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.

Collection of fees

16(3)

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

Register of members

17(1)

The general secretary shall keep a register of members.

Information on the register

17(2)

The following information shall be included in the register:

(a) each member's name and home address;

(b) for each member, other than an associate or student member,

(i) the member's employment status, whether full-time, part-time, casual, and

(ii) the member's school address; and

(c) any other information required by the bylaws of the society.

School divisions and districts to provide information

17(3)

Not later than 90 days after the first day of every school year, each school division and school district shall provide the information referred to in clauses (2)(a) and (b) with respect to each member it employs to the general secretary for inclusion in the register.

Revised information

17(4)

Within 30 days of becoming aware of a change in any of the information referred to in clauses (2)(a) and (b), a school division or school district shall provide the revised information to the general secretary for inclusion in the register.

Access to the register

17(5)

The register shall be open for inspection by the minister or a delegate of the minister, the members of the society, any superintendent appointed or employed by a school division or school district or a delegate of the superintendent, and any other person specified in the bylaws of the society.

S.M. 1998, c. 27, s. 9.

INVESTIGATION OF COMPLAINTS

Investigation of complaints

18(1)

The society may investigate the conduct of any active member of the society in accordance with the bylaws made for that purpose.

Laying of formal charges

18(2)

Where a committee of the society appointed for that purpose is of the opinion that a member has engaged in 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

18(3)

Any charge laid under subsection (2) shall be heard and determined by a committee of the society to be known as the "Review Committee".

Action by Review Committee

18(4)

The Review Committee shall determine on a balance of probabilities 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, by order impose any or all of the following sanctions which the Committee deems appropriate upon the member:

(a) admonishment;

(b) censure;

(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;

(c) recommend to the minister that the member's certificate be suspended or revoked.

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.

Composition of Review Committee

18(5)

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.

Procedural bylaws

18(6)

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.

Appeal

18(7)

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.

Appeal before Queen's Bench

18(8)

An appeal shall be made by notice of application to 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.

18(9)

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

18(10)

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.

Effect of Court's decision

18(11)

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.

Court's decision final

18(12)

The decision of the Court of Queen's Bench shall be final and binding, and there shall be no further appeal.

Exemption from liability

18(13)

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.

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.

S.M. 1998, c. 27, s. 10; S.M. 2013, c. 27, s. 3.

EVIDENCE

Register as prima facie proof

19

The register is admissible in evidence as prima facie proof of the facts therein stated.

INSURANCE

Operation of insurance programs, etc.

20(1)

The society may undertake and operate, as an insurer, schemes and programs of insurance for its members or their dependents or both.

Reinsurance

20(2)

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.

Insurance Act not to apply

20(3)

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 sections 20, 21 and 22

20(4)

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.

Group insurance schemes

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.

Premiums may be charged

22

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.

23

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.