Education Staff Regulations

Regulation

Registration: R-170-96
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.

s.3 amended by R-078-97,s.1
s.6 amended by R-053-2017,s.2,3 in force July 1, 2017
s.13 amended by R-042-2000,s.2
s.13 amended by R-053-2017,s.4 in force July 1, 2017
s.16 amended by R-042-2000,s.3
s.18 amended by R-053-2017,s.6 in force July 1, 2017
s.25 amended by R-053-2017,s.7 in force July 1, 2017
s.27 amended by R-053-2017,s.8 in force July 1, 2017
s.29 amended by R-053-2017,s.9 in force July 1, 2017
s.30 amended by R-042-2000,s.4
s.30 amended by R-053-2017, s.3,10 in force July 1, 2017
s.32 amended by R-053-2017,s.11 in force July 1, 2017
s.34 amended by R-053-2017,s.12 in force July 1, 2017
s.35 amended by R-053-2017,s.13 in force July 1, 2017
s.36 amended by R-053-2017,s.13 in force July 1, 2017
s.37 amended by R-053-2017,s.13 in force July 1, 2017
s.38 amended by R-053-2017,s.13 in force July 1, 2017
s.42 amended by R-053-2017,s.14 in force July 1, 2017
s.43 amended by R-053-2017,s.14 in force July 1, 2017
s.60 amended by R-053-2017,s.3 in force July 1, 2017
s.sched_A amended by R-017-2011,s.2 in force April 1, 2011
s.sched_A amended by R-053-2017,s.15 in force July 1, 2017

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. 27 28. 28 29. 29 30. 30 31. 31 32. 32 33. 33 34. 34 35. 35 36. 36 37. 37 38. 38 39. 39 40. 40 41. 41 42. 42 43. 43 44. 44 45. 45 46. 46 47. 47 48. 48 49. 49 50. 50 51. 51 52. 52 53. 53 54. 54 55. 55 56. 56 57. 57 58. 58 59. 59 60. 60 61. 61 62. 62 SCHEDULE A (Sections 6 and 8)

The Minister, under section 151 of the Education Act and every enabling power, makes the Education Staff Regulations.

INTERPRETATION

(1) In these regulations,

"Act" means the Education Act; (Loi)

"Deputy Minister" means the Deputy Minister of the Department of Education, Culture and Employment; (sous-ministre)

"former teacher" means a person who holds a teaching certificate issued by the Minister and who is no longer employed to teach in a school; (ancien enseignant)

"Superintendent" includes, except in sections 45, 54 and 57, a person designated by the Superintendent to act on his or her behalf. (surintendant)

(2) The Superintendent shall advise the Registrar of the name and address of any person designated under subsection (1) to act on his or her behalf.

SERVICE OF NOTICE

OR DOCUMENT

A notice or document required to be served on a person under these regulations is sufficiently served

(a) where it is served personally on that person or by registered mail or by courier to

(i) the last known mailing address for that person, or

(ii) where that person is a teacher, the last address in the records of the Registrar; or

(b) where service under paragraph (a) is not possible, if it is published at least twice, not more than one week apart, in a local newspaper circulated at or near the last known mailing address of the person.

N.W.T. TEACHER

QUALIFICATION SERVICE

(1) The Minister shall establish the N.W.T. Teacher Qualification Service.

(2) The Minister shall appoint four people, two of whom are recommended by the Northwest Territories Teachers' Association, as members of the N.W.T. Teacher Qualification Service.

(3) The members of the N.W.T. Teacher Qualification Service shall select a member as chairperson.

(4) The Minister may provide directions to the N.W.T. Teacher Qualification Service regarding the conduct of its business.

(5) The N.W.T. Teacher Qualification Service shall establish policies and procedures for the

(a) certification and recertification of teachers;

(b) certification and recertification of teachers holding certificates of eligibility as principal;

(c) evaluation of the qualifications and teaching experience of teachers for the purpose of placing each teacher at a salary level;

(d) approval of a teacher's educational qualifications from a post-secondary education institution;

(e) renewal of expired teaching certificates;

(f) renewal of teaching certificates where the holder has not completed the teaching experience or courses required;

(g) extension of time required to meet the requirements of these regulations; and

(h) qualifications of school counsellors.

(6) The Registrar shall follow the policies and procedures established by the N.W.T. Teacher Qualification Service. R-078-97,s.1.

A person may, on request made to the Registrar, review the policies and procedures established by the N.W.T. Teacher Qualification Service between 9 a.m. and 4 p.m., Monday to Friday.

REVIEW OF PLACEMENT

AT SALARY LEVEL

(1) A teacher may, in writing to the Registrar, request a review of a decision of the Registrar regarding the placement of that teacher at a certain salary level.

(2) On receiving a request under subsection (1), the Registrar shall forward the request and all relevant material in his or her possession to the chairperson of the N.W.T. Teacher Qualification Service.

(3) The N.W.T. Teacher Qualification Service shall review the information provided by the Registrar and shall, as soon as practicable after the receipt of the information, confirm or vary the decision of the Registrar.

(4) The chairperson shall advise the Registrar, in writing, of the decision made under subsection (3) and provide written reasons for it.

(5) The Registrar shall provide to the teacher the written decision and reasons of the N.W.T. Teacher Qualification Service.

(6) The decision of the N.W.T. Teacher Qualification Service is final.

TEACHING CERTIFICATES

Application and Issue

(1) A person applying under section 50 of the Act for a teaching certificate shall provide to the Registrar, in a form approved by the Registrar,

(a) his or her name, mailing address and telephone number;

(b) any information required by the Registrar regarding that person's teaching experience and qualifications;

(c) the name, mailing address and telephone number of former employers and professional associations to which that person belonged and the person's consent to allow the Registrar to contact each of those employers and professional associations;

(d) the appropriate fee as set out in Schedule A;

(e) a statement as to whether or not there are any criminal charges outstanding against that person;

(f) the details of any outstanding criminal charges;

(g) a criminal record check, including a vulnerable sector search, prepared by the Royal Canadian Mounted Police; and

(h) the person's consent to allow the Registrar to provide all information obtained under this section, including information relating to a criminal record, to that person's potential employer.

(2) Subject to paragraph (1)(h), the Registrar shall not disclose to anyone the information provided under subsection (1) except as is necessary to issue a teaching certificate or for the purposes of a review or a hearing under these regulations.

(3) The Registrar may waive the payment of a fee required by paragraph (1)(d) if the applicant has received all of his or her training within the Northwest Territories.

(4) A teacher may apply in a form acceptable to the Registrar, together with the appropriate fee as set out in Schedule A, for

(a) a replacement teaching certificate; and

(b) a statement of professional standing.

R-053-2017,s.2,3.

(1) The Registrar may issue a teaching certificate in accordance with these regulations for the grade and subject that a person is qualified to teach, where

(a) that person meets the requirements of these regulations;

(b) that person provides all the information requested by the Registrar and required by these regulations; and

(2) The Registrar may refuse to issue a teaching certificate where

(a) the applicant does not meet the requirements of these regulations;

(b) the applicant fails or refuses to provide any information requested by the Registrar or required by these regulations;

(d) the Superintendent is unable to recommend the applicant, where such a recommendation is required by these regulations.

(3) Where the Registrar refuses to issue a teaching certificate, the Registrar shall advise the applicant, in writing, of the refusal and the applicant may, in writing to the Registrar, request a review of a decision of the Registrar regarding the refusal.

Renewal and Recertification

(1) A teacher may apply to the Registrar for the renewal of a teaching certificate no later than two months before the expiry of the existing teaching certificate.

(2) A teacher applying under subsection (1) shall submit the appropriate fee as set out in Schedule A.

(3) The Registrar may renew a teaching certificate where the teacher meets the requirements of these regulations.

(4) Where the Registrar refuses to renew a teaching certificate, the Registrar shall advise the applicant, in writing, of the refusal and the applicant may, in writing to the Registrar, request a review of a decision of the Registrar.

(1) The Registrar shall establish the requirements for the recertification of teachers holding teaching certificates issued under these regulations.

(2) The Registrar shall establish the requirements for the recertification of teachers holding certificates of eligibility as principal.

10.

The power of the Registrar to renew a teaching certificate includes the power to renew, in accordance with the policies and procedures established by the N.W.T. Teacher Qualification Service, a teaching certificate that has expired.

Review of Decision

11.

(1) On receiving a request under subsection 7(3) or 8(4), the Registrar shall forward the request and all relevant material in his or her possession relating to the teacher, to the chairperson of the N.W.T. Teacher Qualification Service.

(2) The N.W.T. Teacher Qualification Service shall review the information provided by the Registrar and shall, as soon as practicable after the receipt of the information, confirm or vary the decision of the Registrar and the chairperson shall advise the Registrar, in writing, of the decision and provide written reasons for it.

(3) The Registrar shall provide to the teacher the written decision and reasons of the N.W.T. Teacher Qualification Service.

12.

(1) A person who has been refused the issuance or renewal of a teaching certificate by the N.W.T. Teacher Qualification Service may, within 30 days after receiving written notice of a refusal to issue or renew a teaching certificate, request the Minister to review the decision.

(2) A request for a review under subsection (1) must be made by serving the Registrar and the chairperson of the N.W.T. Teacher Qualification Service with a written request, stating the reasons the decision should be varied or set aside.

(3) On receipt of a written request for a review, the Registrar and the chairperson of the N.W.T. Teacher Qualification Service shall send the information relating to the refusal to issue or renew and the request for review to the Minister.

(4) The Minister shall, in writing, confirm, vary or set aside the decision under review and provide written reasons for his or her decision.

(5) The Minister shall provide to the Registrar and the chairperson of the N.W.T. Teacher Qualification Service a copy of the written decision and reasons.

(6) The decision of the Minister is final.

(7) On receipt of a copy of the Minister's decision and reasons, the Registrar shall provide the teacher with a copy it.

TEACHING CERTIFICATES - PROFESSIONAL

Interim Professional Teaching Certificate

13.

(1) The Registrar may issue an Interim Professional Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) holds a teaching certificate that, in the opinion of the Registrar, is the equivalent teaching certificate from a province or territory;

(d) holds a post secondary degree, other than a degree in education, from a university and has successfully completed one year of course work in a Faculty of Education at a university, both of which are approved by the Registrar; or

(e) holds a post secondary degree and possesses additional qualifications, or has completed additional requirements requested by the Registrar, that the Registrar considers equivalent to the year of course work referred to in paragraph (d).

(2) An Interim Professional Teaching Certificate expires at the end of the second school year following the school year in which it was issued.

(3) The holder of an Interim Professional Teaching Certificate shall successfully complete two academic years of teaching in a classroom during the term of the teaching certificate. R-042-2000,s.2; R-053-2017,s.4.

14.

(1) The holder of an Interim Professional Teaching Certificate may apply, in writing, to the Registrar for an extension of the time to complete the teaching experience required by subsection 13(3).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Interim Professional Teaching Certificate for a term of one school year.

Professional Teaching Certificate

15.

(1) The Registrar may issue a Professional Teaching Certificate to a person who

(a) holds a valid Interim Professional Teaching Certificate and has, in the opinion of the Superintendent, successfully completed two academic years of teaching in a classroom; or

(b) holds a Standard Teaching Certificate and has completed a bachelor of education degree approved by the Registrar.

(2) On or before July 1, 1997, the Registrar shall issue a Professional Teaching Certificate to each teacher holding a valid Permanent Professional Certificate, issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13.

(3) A Professional Teaching Certificate expires at the end of the fourth school year following the school year in which it is issued or renewed.

(4) The Registrar may renew a Professional Teaching Certificate where the holder of the Professional Teaching Certificate has met the requirements for recertification established by the Registrar.

TEACHING CERTIFICATES - STANDARD

Interim Standard Teaching Certificate

16.

(1) The Registrar may issue an Interim Standard Teaching Certificate to a person who

(a) meets the requirements of these regulations; and

(b) has successfully completed a teacher training program at an institution approved by the Registrar.

R-053-2017,s.5.

(2) An Interim Standard Teaching Certificate expires at the end of the second school year following the school year in which it is issued.

(3) The holder of an Interim Standard Teaching Certificate shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward a bachelor of education degree and two academic years of teaching in a classroom during the term of the teaching certificate. R-042-2000,s.3.

17.

(1) The holder of an Interim Standard Teaching Certificate may apply, in writing, to the Registrar for an extension of the time to complete the courses and teaching experience required by subsection 16(3).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Interim Standard Teaching Certificate for a term of one school year.

Standard Teaching Certificate

18.

(1) The Registrar may issue a Standard Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) holds a valid Interim Standard Teaching Certificate;

(c) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward a bachelor of education degree; and

(d) has, in the opinion of the Superintendent, successfully completed two academic years of teaching in a classroom.

(2) A Standard Teaching Certificate issued under subsection (1) expires at the end of the fourth school year following the school year in which it is issued.

(3) The holder of a Standard Teaching Certificate issued under subsection (1) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward a bachelor of education degree during the term of the teaching certificate.

(4) The Registrar may, twice, renew a Standard Teaching Certificate for a term of five school years where the holder

(a) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward a bachelor of education degree during the term of the Standard Teaching Certificate; or

(b) is permitted, pursuant to the policies and procedures established by the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

(5) The holder of a Standard Teaching Certificate renewed under subsection (4) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward a bachelor of education degree during the term of the teaching certificate. R-053-2017,s.6.

19.

(1) Where a Standard Teaching Certificate has been twice renewed under subsection 18(4), the holder may apply, in writing, to the Registrar for an extension of the time to complete the courses required by subsection 18(5).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Standard Teaching Certificate renewed under subsection 18(4) or this subsection for a term of one school year.

Permanent Standard Certificate, Continuation

20.

(1) Before July 1, 1997, the Registrar shall issue a Standard Teaching Certificate to each teacher holding a valid Permanent Standard Certificate, issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13, who has 10 or more years experience teaching.

(2) A Standard Teaching Certificate issued under subsection (1) or renewed under subsection (3) expires at the end of the fourth school year following the school year in which it is issued or renewed.

(3) The Registrar may renew a Standard Teaching Certificate issued under subsection (1) where the holder of the Standard Teaching Certificate has met the requirements for recertification.

21.

(1) Before July 1, 1997, the Registrar shall issue a Standard Teaching Certificate to a teacher holding a valid Permanent Standard Certificate, issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13, and who has five, but less than 10, years experience teaching.

(2) A Standard Teaching Certificate issued under subsection (1) expires at the end of the fourth school year following the school year in which it is issued.

(4) The Registrar may, four times, renew a Standard Teaching Certificate originally issued under subsection (1), for a term of five school years, where the holder

(a) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward a bachelor of education degree during the term of the Standard Teaching Certificate; or

(b) is permitted, pursuant to the policies and procedures established by the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

22.

(1) Where a Standard Teaching Certificate has been renewed four times under subsection 21(4), the holder may apply, in writing, to the Registrar for an extension of the time to complete the courses required by subsection 21(5).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Standard Teaching Certificate renewed under subsection 21(4) or this subsection for a term of one school year.

23.

(1) Before July 1, 1997, the Registrar shall issue a Standard Teaching Certificate to each teacher who has less than five years experience teaching and who

(a) holds a valid Permanent Standard Certificate, issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13; or

(b) has, the day these regulations came into force, fulfilled all requirements for a Standard Teaching Certificate under the Education Act, R.S.N.W.T. 1988, c.E-1.

(2) A Standard Teaching Certificate issued under subsection (1) expires at the end of the fourth school year following the school year in which it is issued.

(4) The Registrar may, three times, renew a Standard Teaching Certificate originally issued under subsection (1) for a term of five school years, where the holder

(a) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward a bachelor of education degree during the term of the Standard Teaching Certificate; or

(b) is permitted, pursuant to the policies and procedures established by the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

24.

(1) Where a Standard Teaching Certificate has been renewed three times under subsection 23(4), the holder may apply, in writing, to the Registrar for an extension of the time to complete the courses required by subsection 23(5).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Standard Teaching Certificate renewed under subsection 23(4) or this subsection for a term of one school year.

TEACHING CERTIFICATES - SPECIALTY

Interim Aboriginal Language

Teaching Certificate

25.

(1) In this section and sections 26 to 29, "aboriginal language" means an Official Language other than English or French.

(2) The Registrar may issue an Interim Aboriginal Language Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) is fluent in an aboriginal language;

(d) is recommended by the Superintendent; and

(e) has, in the opinion of the Superintendent,

(i) successfully completed one academic year of work experience in a classroom, or

(ii) successfully completed a 25 hour teacher training program.

(3) An Interim Aboriginal Language Teaching Certificate issued under subsection (2) expires at the end of the second school year following the school year in which it is issued.

(4) The holder of an Interim Aboriginal Language Teaching Certificate issued under subsection (2) shall successfully complete two academic years of teaching in a classroom and the courses required by the N.W.T. Teacher Qualification Service toward completion of an aboriginal language teacher training program during the term of the teaching certificate.

(5) The Registrar may, once, renew an Interim Aboriginal Language Teaching Certificate issued under subsection (2) for a term of three school years where the holder

(a) has successfully completed two academic years of teaching in a classroom and the courses required by the N.W.T. Teacher Qualification Service toward completion of an aboriginal language teacher training program during the term of the teaching certificate; or

(b) is permitted, pursuant to the policies and procedures of the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

(6) The holder of an Interim Aboriginal Language Teaching Certificate renewed under subsection (5) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward completion of an aboriginal language teacher training program during the term of the teaching certificate.

(7) The Registrar may, once, renew an Interim Aboriginal Language Teaching Certificate renewed under subsection (5) for a term of one school year where the holder

(a) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward completion of an aboriginal language teacher training program; or

(b) is permitted, pursuant to the policies and procedures of the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

(8) The holder of an Interim Aboriginal Language Teaching Certificate renewed under subsection (7) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward completion of an aboriginal language teacher training program during the term of the teaching certificate. R-053-2017,s.7.

26.

(1) The holder of an Interim Aboriginal Language Teaching Certificate may apply, in writing, to the Registrar for an extension of the time to complete the courses and teaching experience required by subsection 25(4) or the courses required by subsection 25(8).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Interim Aboriginal Language Teaching Certificate for a term of one school year.

Standard Aboriginal Language

Teaching Certificate

27.

(1) The Registrar may issue a Standard Aboriginal Language Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) holds an Interim Aboriginal Language Teaching Certificate;

(d) has successfully completed an aboriginal language teacher training program approved by the Registrar.

(2) A Standard Aboriginal Language Teaching Certificate issued under subsection (1) expires at the end of the second school year following the school year in which it is issued.

(3) The holder of a Standard Aboriginal Language Teaching Certificate issued under subsection (1) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program, approved by the Registrar, during the term of the teaching certificate.

(4) The Registrar may, once, renew a Standard Aboriginal Language Teaching Certificate issued under subsection (1) for a term of three school years where the holder

(a) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar; or

(b) is permitted, pursuant to the policies and procedures of the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

(5) The holder of a Standard Aboriginal Language Teaching Certificate renewed under subsection (4) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar during the term of the teaching certificate.

(6) The Registrar may renew a Standard Aboriginal Language Teaching Certificate renewed under subsection (4) for a term of one school year where the holder

(a) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar; or

(b) is permitted, pursuant to the policies and procedures of the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

(7) The holder of a Standard Aboriginal Language Teaching Certificate renewed under subsection (6) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar during the term of the teaching certificate. R-053-2017,s.8.

28.

(1) The holder of a Standard Aboriginal Language Teaching Certificate may apply, in writing, to the Registrar for an extension of the time to complete the courses required by subsection 27(7).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Standard Aboriginal Language Teaching Certificate for a term of one school year.

Aboriginal Language Specialty

Teaching Certificate

29.

(1) The Registrar may issue an Aboriginal Language Specialty Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) holds a Standard Aboriginal Language Teaching Certificate; and

(2) Before July 1, 1997, the Registrar shall issue an Aboriginal Language Speciality Teaching Certificate to a teacher holding a valid Permanent Aboriginal Languages Specialist Certificate, issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13.

(3) An Aboriginal Language Specialty Teaching Certificate expires at the end of the fourth school year following the year in which it is issued or renewed.

(4) The Registrar may renew an Aboriginal Language Specialty Teaching Certificate where the holder of the Aboriginal Language Specialty Teaching Certificate has met the requirements for recertification established by the Registrar. R-053-2017,s.9

Interim Vocational Teaching Certificate

30.

(1) The Registrar may issue an Interim Vocational Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) has a journeyman certificate from the Northwest Territories or a province or territory for the vocation which he or she wishes to teach;

(c) satisfies the Registrar that he or she has successfully completed two years of work experience after obtaining the journeyman certificate; and

(d) has, in the opinion of the Superintendent, successfully completed a 25 hour teacher training program.

(2) An Interim Vocational Teaching Certificate expires at the end of the second school year following the school year in which it is issued.

(3) The holder of an Interim Vocational Teaching Certificate shall successfully complete two academic years of teaching in a classroom during the term of the teaching certificate. R-042-2000,s.4; R-053-2017, s.3,10.

31.

(1) The holder of an Interim Vocational Teaching Certificate may apply, in writing, to the Registrar for an extension of the time to complete the teaching experience required by subsection 30(3).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Interim Vocational Teaching Certificate for a term of one school year.

Standard Vocational Teaching Certificate

32.

(1) The Registrar may issue a Standard Vocational Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) holds an Interim Vocational Teaching Certificate; and

(2) A Standard Vocational Teaching Certificate issued under subsection (1) expires at the end of the second school year following the school year in which it is issued.

(3) The holder of a Standard Vocational Teaching Certificate issued under subsection (1) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar during the term of the teaching certificate.

(4) The Registrar may, once, renew a Standard Vocational Teaching Certificate for a term of three school years where the holder

(a) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar; or

(b) is permitted, pursuant to the policies and procedures of the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

(5) The holder of a Standard Vocational Teaching Certificate renewed under subsection (4) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar during the term of the teaching certificate.

(6) The Registrar may renew a Standard Vocational Teaching Certificate renewed under subsection (4) for a term of one school year where the holder

(a) has successfully completed the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar; or

(b) is permitted, pursuant to the policies and procedures of the N.W.T. Teacher Qualification Service, to have the teaching certificate renewed.

(7) The holder of a Standard Vocational Teaching Certificate renewed under subsection (6) shall successfully complete the courses required by the N.W.T. Teacher Qualification Service toward completion of a one year training program approved by the Registrar during the term of the teaching certificate. R-053-2017,s.11.

33.

(1) The holder of a Standard Vocational Teaching Certificate may apply, in writing, to the Registrar for an extension of the time to complete the courses required by subsection 32(7).

(2) The Registrar may grant one or more extensions to a person applying under subsection (1) and, on granting an extension, the Registrar may renew the Standard Vocational Teaching Certificate for a term of one school year.

Vocational Specialty Teaching Certificate

34.

(1) The Registrar may issue a Vocational Specialty Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) holds a Standard Vocational Teaching Certificate; and

(2) Before July 1, 1997, the Registrar shall issue a Vocational Specialty Teaching Certificate to a teacher holding a valid Permanent Vocational Certificate, issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13.

(3) A Vocational Specialty Teaching Certificate expires at the end of the fourth school year following the school year in which it is issued or renewed.

(4) The Registrar may renew a Vocational Specialty Teaching Certificate where the holder of the Vocational Specialty Teaching Certificate has met the requirements for recertification. R-053-2017,s.12.

Interim Junior Kindergarten Teaching Certificate

35.

(1) The Registrar may issue an Interim Junior Kindergarten Teaching Certificate to a person who

(a) meets the requirements of these regulations; and

(b) has successfully completed a two year program in early childhood education from an educational institution approved by the Registrar.

(2) An Interim Junior Kindergarten Teaching Certificate expires at the end of the second school year following the school year in which it is issued or renewed. R-053-2017,s.13.

36.

(1) The holder of an Interim Junior Kindergarten Teaching Certificate shall successfully complete two academic years of teaching in a classroom during the term of the teaching certificate.

(2) The holder of an Interim Junior Kindergarten Teaching Certificate may apply, in writing, to the Registrar for an extension of the time to complete the requirements of subsection (1).

(3) The Registrar may grant one or more extensions to a person applying under subsection (2) and, on granting the extension or extensions, the Registrar may renew the Interim Junior Kindergarten Teaching Certificate for a term of one school year. R-053-2017,s.13.

Junior Kindergarten Specialty Teaching Certificate

37.

(1) The Registrar may issue a Junior Kindergarten Specialty Teaching Certificate to a person who

(a) meets the requirements of these regulations;

(b) holds an Interim Junior Kindergarten Teaching Certificate; and

(2) A Junior Kindergarten Specialty Teaching Certificate expires at the end of the fourth school year following the school year in which it is issued or renewed. R-053-2017,s.13.

38.

The Registrar may renew a Junior Kindergarten Specialty Teaching Certificate where the holder of the certificate has met the requirements for recertification. R-053-2017,s.13.

Limitation of Authority

39.

The holder of an Interim Junior Kindergarten Teaching Certificate or a Junior Kindergarten Specialty Teaching Certificate is only authorized to teach students who have attained not more than four years of age as of December 31 of the academic year. R-053-2017,s.13.

TEACHING CERTIFICATES-MISCELLANEOUS

Temporary Teaching Certificate

40.

(1) The Registrar may issue a temporary teaching certificate in any of the categories of teaching certificate that may be issued under these regulations for a period not exceeding four months.

(2) The Registrar may renew a temporary teaching certificate, once, for a term not exceeding two months.

(3) A person holding a temporary teaching certificate shall be considered to be a teacher under these regulations and the time spent teaching under the authority of a temporary teaching certificate shall be credited toward any time required for the issuance or renewal of a teaching certificate under these regulations.

Basic Certificate, Continuation

41.

On the coming into force of these regulations, a teacher holding a valid Basic Certificate, issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13, is entitled to teach under the authority of that Basic Certificate.

Honourary Teaching Certificate

42.

The Registrar may issue, in accordance with the direction of the Minister, an Honourary Teaching Certificate to an elder in recognition of the contribution made by that elder to the education of students in the Northwest Territories. R-053-2017,s.2.

Letters of Authority R-053-2017,s.14.

43.

(1) Subject to subsection (1.1), where there is no teacher who holds, or is eligible for, a teaching certificate in respect of a certain subject or grade available to teach a subject or grade required by an education body, the Registrar may issue a letter of authority to a teacher who holds, or is eligible for, a teaching certificate issued under these regulations to allow that teacher to teach the subject or grade specified in the letter of authority.

(1.1) The Registrar shall not issue a letter of authority under subsection (1) to a person who holds, or is eligible for, an Interim Junior Kindergarten Teaching Certificate or a Junior Kindergarten Specialty Teaching Certificate.

(2) Where there is no teacher available under subsection (1) to teach a subject or grade required by an education body, the Registrar may issue a letter of authority on the terms and conditions directed under subsection (3) to a person who

(a) is not eligible for a letter of authority under subsection (1); and

(b) furnishes evidence satisfactory to the Registrar that he or she

(i) possesses special knowledge or qualifications for teaching a specified course of instruction, or

(ii) possesses specific skills and knowledge relating to the culture, language or lifestyle of the students in a particular school.

(3) The Minister may issue directives respecting the terms and conditions of a letter of authority issued under subsection (2).

(4) A letter of authority issued under this section is a teaching certificate for the purposes of the Act and these regulations.

(5) The Registrar shall indicate in the letter of authority the date the letter of authority expires and in no case shall the Registrar issue a letter of authority for a period expiring later than the end of the school year in which the letter of authority is issued. R-053-2017,s.14.

SUSPENSION OR CANCELLATION OF

TEACHING CERTIFICATE

General

44.

The Registrar may, in accordance with these regulations, suspend or cancel a teaching certificate on any of the following grounds:

(a) professional incompetence of a teacher or former teacher;

(b) unprofessional conduct on the part of a teacher or former teacher;

(d) failure to possess the qualifications required by these regulations at the time the teaching certificate was issued.

Information Leading to Review

45.

(1) Where a contract of employment of a teacher is terminated for any reason and the Superintendent responsible for the education district in which the teacher was employed is aware of information or other evidence that may lead to a finding of professional incompetence or unprofessional conduct, the Superintendent shall, in writing, inform the Registrar of that information or evidence and of the termination of employment of the teacher.

(2) The provision of information in accordance with subsection (1) is, for the purposes of these regulations, a complaint under section 47.

46.

(1) Where the Registrar receives notice of the conviction of a teacher or former teacher under the Criminal Code or the suspension or cancellation of the teaching certificate of a teacher in another jurisdiction in Canada, the Registrar shall forward the notice to the Deputy Minister for review.

(2) The Deputy Minister shall review any information provided under subsection (1) and shall, subject to subsection (3), direct the Registrar to

(a) take no further action;

(b) suspend the teaching certificate of the teacher; or

(3) Where the Deputy Minister is considering directing the Registrar to suspend or cancel the teaching certificate of the teacher, the Deputy Minister shall provide the information provided under subsection (1) to the teacher and consider any information or argument submitted by the teacher before making the decision.

(4) The decision of the Deputy Minister under subsection (2) is final.

Complaints

47.

(1) A person or an education body may make a complaint in writing to the Registrar requesting that the teaching certificate of a teacher or former teacher be suspended or cancelled.

(2) The person or education body making a complaint under subsection (1) must set out in the complaint

(a) the name of the teacher or former teacher;

(b) the grounds for the request that the teaching certificate be suspended or cancelled;

(d) the name and address of the complainant.

(3) A complaint must be sent by registered mail to the Registrar at the following address: Registrar, Teacher Certification Department of Education, Culture and Employment P.O. Box 1320 Yellowknife, NT X1A 2L9.

48.

On receipt of a complaint under these regulations, the Registrar shall forward it to the Deputy Minister for review.

49.

(1) The Deputy Minister shall, within 30 days after receiving a complaint,

(a) investigate the grounds set out in the complaint; and

(b) dismiss the complaint or establish a hearing committee under subsection (2).

(2) Where the Deputy Minister determines that

(a) the grounds set out in a complaint do not appear to fall within the grounds referred to in section 44 or the complaint is frivolous or vexatious, the Deputy Minister shall dismiss the complaint; or

(b) the grounds set out in the complaint appear to fall within the grounds referred to in section 44, the Deputy Minister shall request that the Minister establish a hearing committee to determine whether the teaching certificate should be suspended or cancelled.

(3) A decision made under subsection (2) is final.

(4) Within 30 days after a decision is made under subsection (2), the Deputy Minister shall give notice of the decision

(a) to the teacher or former teacher whose certificate is at issue; and

(b) to the complainant.

Hearing Committee

50.

(1) When establishing a hearing committee, the Minister shall appoint to the committee

(a) a person recommended by the Northwest Territories Teachers' Association;

(b) a person recommended by the District Education Authority, commission scolaire francophone de division or Divisional Education Council responsible for the education district in which the teacher is employed; and

(2) The lawyer appointed to a hearing committee under paragraph (1)(c) is the chairperson of the hearing committee.

(3) The hearing committee shall receive honoraria in accordance with the directions of the Minister.

51.

(1) The Deputy Minister shall, where a complaint was made, provide to the chairperson of the hearing committee a copy of the complaint.

(2) The Registrar shall, where information or other evidence was provided under section 45, provide to the chairperson of the hearing committee the information or other evidence known to the Registrar that may lead to a finding of professional incompetence or unprofessional conduct.

52.

On receipt of a copy of the complaint or the information or other evidence, the chairperson of the hearing committee shall

(a) set a date which is within 90 days of the receipt of the complaint or information, and a place for the hearing;

(b) give to the Deputy Minister and the teacher or former teacher whose teaching certificate is at issue written notice of the hearing at least 30 days before the date set for the hearing; and

(c) where a complaint was made, give the complainant written notice of the hearing at least 30 days before date set for the hearing.

53.

(1) A hearing by the hearing committee shall be held in camera and shall be conducted in accordance with the principles of natural justice, but the rules of evidence are not binding on the hearing committee.

(2) The hearing committee may, for the purposes of a hearing, engage

(a) the services of experts, clerks, reporters and assistants that the hearing committee considers necessary or advisable; and

(b) the services of counsel.

(3) At the request of the teacher or former teacher whose teaching certificate is at issue, the Deputy Minister shall provide that person with an opportunity to examine, before the hearing, reports or evidence that relate to the subject matter of the hearing.

(4) At the hearing,

(a) the Deputy Minister and teacher or former teacher may be represented by counsel; and

(b) the Deputy Minister or counsel for the Deputy Minister shall present the evidence of the complainant, where there is a complainant, or the information or other evidence provided to the Registrar under section 45, where such information or evidence has been provided.

(5) The hearing committee shall keep a record of the hearing.

(6) The hearing committee may, on reasonable notice,

(a) summon any person as a witness;

(b) require any person to give evidence on oath or affirmation; and

(c) require any person to produce the documents and things that the hearing committee considers necessary for a full and proper hearing.

(7) The hearing committee has the same power as is vested in a court of record in civil cases

(a) to administer oaths and affirmations;

(b) to enforce the attendance of any person as a witness;

(d) to compel any person to produce any document or thing.

(8) A witness at a hearing shall be informed by the hearing committee of the right of the witness to object to answer any question under section 5 of the Canada Evidence Act.

(9) A witness at a hearing shall be deemed to have objected to answering any question asked of the witness where the answer of the witness may tend to incriminate the witness or may tend to establish the liability of the witness in a civil proceeding.

(10) No answer given by a witness at a hearing shall be used or be admissible in evidence against the witness in any trial or other proceedings against the witness taking place after the hearing, other than a prosecution for perjury in the giving of that evidence.

(11) Subject to this section, the hearing committee may proceed in the absence of the teacher or former teacher whose teaching certificate is at issue and in the absence of submissions made by or on behalf of the teacher or former teacher.

54.

(1) After a hearing, the hearing committee shall instruct the Registrar to

(a) refuse to suspend or cancel the teaching certificate;

(b) renew the teaching certificate;

(d) suspend the teaching certificate for a stated period of time; or

(e) suspend the teaching certificate for a stated period of time and impose conditions specified by the hearing committee for reinstatement of the teaching certificate.

(2) Where the hearing committee instructs the Registrar to renew a teaching certificate or to refuse to suspend or cancel a teaching certificate, it shall give, within 30 days after the last day of the hearing, written notice of the refusal and the reasons for the refusal

(a) to the teacher or former teacher whose teaching certificate is at issue;

(b) to the Deputy Minister;

(d) to the complainant, where there is one; and

(e) to the Superintendent responsible for the education district in which the teacher is employed.

(3) Where the hearing committee instructs the Registrar to suspend or cancel a teaching certificate, it shall give, within 30 days after the last day of the hearing, written notice of the suspension or cancellation and, where there is a suspension, any conditions for reinstatement of the teaching certificate

(a) to the teacher or former teacher whose teaching certificate is at issue;

(b) to the Deputy Minister;

(d) to the complainant, where there is one; and

(e) to the Superintendent responsible for the education district in which the teacher is employed.

(4) A determination made under paragraph (1)(a) or (b) is final.

(5) Once the hearing committee has made a determination, the chairperson of the hearing committee shall send the record of the hearing to the Minister.

55.

On the expiration of the time period referred to in section 56, the members of the hearing committee are discharged and the hearing committee has no further authority under these regulations.

Review by Minister

56.

A teacher wishing to request a review under section 52 of the Act shall make the request, within 30 days after receipt of notification of the suspension or cancellation of a teaching certificate, by serving on the Registrar and the chairperson of the hearing committee the request for review stating the grounds for the review.

57.

(1) The Minister shall, within 60 days of receipt of a request for a review, review the material provided and make a decision.

(2) The Minister shall provide, in writing, the decision and reasons for the decision

(a) to the teacher or former teacher whose teaching certificate is at issue;

(b) to the Deputy Minister;

(d) to the complainant, where there is one; and

(e) to the Superintendent responsible for the education district in which the teacher is employed.

Reinstatement of Teaching Certificate

58.

(1) Where the teaching certificate of a teacher or former teacher has been suspended, the period of suspension has elapsed and the teacher has met any conditions imposed for reinstatement of the teaching certificate, the teacher or former teacher may apply, in writing, to the Registrar to have the teaching certificate reinstated.

(2) Where an application is made under subsection (1), the Registrar shall, within 30 days after the day the application is made,

(a) reinstate the teaching certificate; or

(b) refuse to reinstate the teaching certificate on the basis that the teacher or former teacher has not met the conditions imposed for reinstatement and notify, in writing, the teacher or former teacher of the refusal stating the reasons for the refusal.

(3) Where the Registrar refuses to reinstate a teaching certificate, the teacher or former teacher may apply to the Minister for a review within 30 days after receipt of notification of the refusal.

(4) An application for a review shall be made by serving on the Registrar a notice in writing that states the grounds for the application.

(5) On receipt of an application for a review, the Registrar shall send to the Minister a copy of the notification of the refusal and of the application.

(6) On receipt of the copy of the notification of the refusal and of the application, the Minister shall determine whether the conditions imposed for reinstatement have been met by the teacher or former teacher and shall instruct the Registrar to reinstate or not reinstate the teaching certificate.

(7) In the course of the Minister's determination, the Minister shall

(a) give the teacher or former teacher whose teaching certificate is at issue an opportunity to examine, before the determination is made, reports or evidence that relate to the determination; and

(b) consider the notification of the refusal and any information and argument, in writing, submitted by the teacher or former teacher and by the Registrar.

(8) The decision of the Minister under subsection

(6) is final.

59.

A teaching certificate that is cancelled may not be reinstated.

SCHOOL COUNSELLORS

60.

(1) For the purposes of this section, "school counsellor" means a person who

(a) discusses with a student personal issues raised by that student, education staff or other students;

(b) refers a student to counselling or support services outside the school; or

(2) Subject to subsection (3), no person may be employed as a school counsellor unless that person has

(a) successfully completed an approved counsellor training program in the Northwest Territories;

(b) has a bachelor of education degree with a specialty in guidance; or

(3) Where there is no person with the qualifications set out in subsection (2) available for employment as a school counsellor, a prospective employer may apply, in writing, to the Registrar for permission to employ a person with other qualifications as a school counsellor.

(4) The Registrar may, in writing, permit an education body to employ a person who does not have the qualifications set out in subsection (2) as a school counsellor for a period expiring no later than the end of the school year in which the permission is given. R-053-2017,s.3.

TRANSITIONAL

61.

(1) A valid interim certificate issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13, before the coming into force of these regulations remains valid until the expiry date of the interim certificate.

(2) A teaching certificate, other than a interim certificate, issued under the Education Regulations, R.R.N.W.T. 1990,c.E-13, before the coming into force of these regulations is valid until July 1, 1997.

62.

Sections 1 to 47 and 58 to 60 of the Education Regulations, R.R.N.W.T. 1990, c.E-13, are repealed.

SCHEDULE A (Sections 6 and 8)

Item Service Provided Fee

1. Review of application for interim teaching certificate and issuance of that certificate $85

2. Review of application for a teaching certificate, other than an interim certificate, and issuance of that certificate $30

3. Issuance of replacement teaching certificate $30

4. Renewal of teaching certificate $30

5. Issuance of statement of professional standing $30

R-017-2011,s.2; R-053-2017,s.15.