Education Appeal Regulations
Regulation- Registration
- R-167-96
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Education Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
The Minister, under section 151 of the Education Act and every enabling power, makes the Education Appeal Regulations.
Interpretation
(1) In these regulations,
"Act" means the Education Act; (Loi)
"appellant" means a student or the student's parent, or both, who appeals a decision in accordance with these regulations. (appelant)
(2) For the purposes of an appeal under subsection 40(3) of the Act, a decision that significantly affects the education, health or safety of a student includes a decision that specifically affects an individual student and does not include a decision relating to the general administration of the education program or the broad allocation of funding for education.
(1) Sections 40 and 41 of the Act apply, in respect of decisions made by education staff or a commission scolaire francophone de division, to a commission scolaire francophone de division as if it were a District Education Authority.
(2) Section 43 of the Act applies to a decision made by an appeal committee respecting the expulsion of a student by a commission scolaire francophone de division.
(1) An appeal or review conducted under the Act and these regulations shall be conducted in accordance with the rules of natural justice.
(2) The times set out for the completion of steps when an appeal or review has been started may be changed with the written consent of all parties to the appeal or review.
(3) No person may select, as a member or the chairperson of an appeal committee,
(a) a member of the education body that made the decision being appealed;
(b) a member of an education staff or school staff employed within the jurisdiction of the education body that made the decision being appealed; or
(c) a member of the staff of the education body or a person employed by the education body that made the decision being appealed.
(4) A person selected under these regulations to be a member of an appeal committee may refuse that selection.
District Education Authority or commission scolaire francophone de division
(1) Service of a notice in respect of an appeal of the decision of a District Education Authority or a commission scolaire francophone de division under subsection 40(3) of the Act may be effected by mail, facsimile transmission or personal delivery.
(2) In the absence of evidence to the contrary, where notice is given
(a) by mail, the notice shall be deemed to be sufficiently served on the intended recipient at the expiration of seven days after the date of mailing; or
(b) by facsimile transmission, the notice shall be deemed to be sufficiently served on the intended recipient at the expiration of one day after the date of transmission.
(1) A student's parent or a student who wishes to appeal the decision of a District Education Authority or a commission scolaire francophone de division under paragraph 36(1)(b) or subsection 40(3) of the Act shall, in writing and within 30 days of receiving notice of the decision made under that subsection, give to the District Education Authority or commission scolaire francophone de division a notice of appeal.
(2) A notice of appeal must set out the grounds for the appeal and the appellant's mailing and street address and, if he or she has one, a facsimile transmission number.
On receipt of a notice of appeal given under section 5, the District Education Authority or commission scolaire francophone de division shall contact the appellant and together they shall, within seven days of receipt of the notice, select a person to act as chairperson of the appeal committee.
(1) Where, after the expiry of seven days, the District Education Authority or commission scolaire francophone de division and the appellant are not able to agree on the selection of a chairperson under section 6, the District Education Authority or commission scolaire francophone de division and the appellant shall each, within 14 days, select one person to act as a member of the appeal committee.
(2) Within 14 days of the selection of the second person to the appeal committee, the two persons selected under subsection (1) shall select another person to act as chairperson of the appeal committee.
(1) The chairperson of the appeal committee, within 14 days of receiving notice that he or she has been selected as chairperson, shall review the decision under appeal and decide whether the appeal committee will hear the appeal.
(2) The chairperson of the appeal committee may request a copy of all information that was before the District Education Authority or commission scolaire francophone de division that made the decision under appeal.
(3) The chairperson shall, in writing, notify the District Education Authority or commission scolaire francophone de division and the appellant of his or her decision under subsection 41(2) of the Act and subsection (1) of this section and, where the chairperson has refused to hear the appeal, he or she shall give written reasons for that decision.
Where the chairperson decides that the appeal will be heard, the District Education Authority or commission scolaire francophone de division and the appellant shall, if they have not already done so, within 14 days of receiving notice of the decision of the chairperson, each select one person to act as a member of the appeal committee.
(1) The chairperson shall, within 15 days of the decision to hear the appeal or the selection of the last member of the appeal committee, whichever is later,
(a) set a date for the hearing, which shall be within 30 days of the date that the chairperson decides to hear the appeal;
(b) establish a location for the hearing; and
(c) notify the student, the parent of the student and the District Education Authority or commission scolaire francophone de division, no less than 15 days before the date set for the hearing, of the date and location of the hearing.
(2) The chairperson may, before and during the hearing, in accordance with the principles of natural justice, establish the procedure to be followed during the hearing including the manner in which evidence may be produced or given and submissions made.
(3) The appeal committee may, in accordance with the procedure established under subsection (2), require any person, at a hearing,
(a) to give evidence on oath or affirmation that is relevant and otherwise admissable; and
(b) to produce in evidence documents and things specified by the hearing committee that are relevant and otherwise admissable.
(1) The appeal committee shall report its decision under subsection 41(8) of the Act to the student, the parent of the student and the District Education Authority or commission scolaire francophone de division.
(2) Where the decision of an appeal committee results in the expulsion of a student, the chairperson of the appeal committee shall forward all material considered in the appeal to the Minister.
Divisional Education Council
(1) Service of a notice in respect of an appeal of the decision of a Divisional Education Council under subsection 42(2) of the Act may be effected by mail, facsimile transmission or personal delivery.
(2) In the absence of evidence to the contrary, where notice is given
(a) by mail, the notice shall be deemed to be sufficiently served on the intended recipient at the expiration of 14 days after the date of mailing; or
(b) by facsimile transmission, the notice shall be deemed to be sufficiently served on the intended recipient at the expiration of one day after the date of transmission.
(1) A student's parent or a student who wishes to appeal the decision of a Divisional Education Council under subsection 42(2) of the Act shall, in writing and within 30 days of receiving notice of the decision made under that subsection, give to the Divisional Education Council a notice of appeal.
(2) A notice of appeal must set out the grounds for the appeal and the appellant's mailing and street address and, if he or she has one, a facsimile transmission number.
On receipt of a notice given under section 13, the Divisional Education Council shall contact the appellant and together they shall, within 14 days of receipt of the notice, select a person to act as chairperson of the appeal committee.
(1) Where, after the expiry of 14 days, the Divisional Education Council and the appellant are not able to agree on the selection of a chairperson under section 14, the Divisional Education Council and the appellant shall each, within 14 days, select one person to act as a member of the appeal committee.
(2) Within 14 days of the selection of the second person to the appeal committee, the two persons selected under subsection (1) shall select another person to act as chairperson of the appeal committee.
(1) The chairperson of the appeal committee, within 21 days of receiving notice that he or she has been selected as chairperson, shall review the decision under appeal and decide whether the appeal committee will hear the appeal.
(2) The chairperson of the appeal committee may request a copy of all information that was before the Divisional Education Council that made the decision under appeal.
(3) The chairperson shall, in writing, notify the Divisional Education Council and the appellant of his or her decision under section 42 of the Act and subsection (1) of this section and, where the chairperson has refused to hear the appeal, he or she shall give written reasons for that decision.
Where the chairperson decides that a hearing will be held, the Divisional Education Council and the appellant shall, where they have not already done so, within 14 days of receiving notice of the decision of the chairperson, each select one person to act as a member of the appeal committee.
(1) The chairperson shall, within 30 days of the decision to hear the appeal or the selection of the last member of the appeal committee, whichever is later,
(a) set a date for the hearing, which shall be within 45 days of the date that the chairperson decides to hold a hearing;
(b) establish a location for the hearing; and
(c) notify the student, the parent of the student and the Divisional Education Council, no less than 15 days before the date set for the hearing, of the date and location of the hearing.
(2) The chairperson may, before and during the hearing, in accordance with the principles of natural justice, establish the procedure to be followed during the hearing including the manner in which evidence may be produced or given and submissions made.
(3) The appeal committee may, in accordance with the procedure established under subsection (2), require any person, at a hearing,
(a) to give evidence on oath or affirmation that is relevant and otherwise admissable; and
(b) to produce in evidence documents and things specified by the hearing committee that are relevant and otherwise admissable.
The appeal committee shall report its decision under section 42 of the Act to the student, the parent of the student and the Divisional Education Council.
Review by Minister of Expulsion of a Student
(1) Service of a notice or of a request in respect of a review under section 43 of the Act may be given by mail, facsimile transmission or personal delivery.
(2) In the absence of evidence to the contrary, where notice or a request is given
(a) by mail, the notice or request shall be deemed to be sufficiently served on the intended recipient at the expiration of 21 days after the date of mailing; or
(b) by facsimile transmission, the notice or request shall be deemed to be sufficiently served on the intended recipient at the expiration of one day after the date of transmission.
(1) A student's parent or a student who wishes to request a review of the decision of a District Education Authority or commission scolaire francophone de division respecting the student's expulsion under section 43 of the Act shall, within 30 days of receiving notice of the decision, make a request in writing to the Minister and the District Education Authority or commission scolaire francophone de division.
(2) A request for review must set out the grounds for the request and the mailing and street address of the person making the request and, if the person making the request has one, a facsimile transmission number.
Within 45 days of receiving a request made under section 21, the Minister shall review all materials relating to the matter under review and shall decide whether to accept or refuse the request to review.
(1) Where the Minister decides to accept the request to review, the Minister may request information in whatever form the Minister considers to be necessary for the review, respecting the student's expulsion from any person who, in the Minister's opinion, can provide relevant information.
(2) The Minister shall share all information received under subsection (1) with the District Education Authority or commission scolaire francophone de division and the person who requested the review and shall provide each party with an opportunity to respond to the information and specify the time within which to respond.
(3) The Minister shall provide written reasons for the decision made under subsection 43(3) of the Act to the student, the parent of the student and the District Education Authority or commission scolaire francophone de division within 90 days of deciding to accept the request to review the matter.
Yellowknife, N.W.T./1997