Education Act Transitional Regulation

(no amdt) ALBERTA REGULATION 125/2022 Education Act EDUCATION ACT TRANSITIONAL REGULATION Table of Contents Part 1 Teaching Profession Act Transitional Provisions 1 Definitions 2 Powers, duties, privileges and functions 3 Transitional — complaints 4 Transitional — investigations 5 Transitional — actions after considering investigator’s report 6 Transitional — where report confirms conviction for prescribed offence 7 Transitional — referral to mediator or dispute resolution process 8 Transitional — complainant appeals 9 Transitional — hearings 10 Transitional — appeals 11 Transitional — recommendation to Minister 12 Transitional — provision of information and documents 13 Transitional — transfer of documents, records, materials and information Part 2 Practice Review of Teachers and Teacher Leaders Regulation Transitional Provisions 14 Definitions 15 Powers, duties, privileges and functions 16 Transitional — complaints 17 Transitional — investigations 18 Transitional — actions after considering investigator’s report 19 Transitional — where report confirms conviction for prescribed offence 20 Transitional — referral to resolution process 21 Transitional — complainant appeals 22 Transitional — hearings 23 Transitional — appeals 24 Transitional — recommendation to Minister 25 Transitional — provision of information and documents 26 Transitional — transfer of documents, records, materials and information Part 3 Coming into Force 27 Coming into force Part 1 Teaching Profession Act Transitional Provisions Definitions 1 In this Part, (a) “association” means The Alberta Teachers’ Association; (b) “disciplinary bylaw provisions” means the provisions of the former bylaws that provide for the matters referred to in section 8(1)(g) or (g.1) of the former Teaching Profession Act ; (c) “disciplinary provisions” means sections 16 to 60 of the former Teaching Profession Act ; (d) “executive council” means the Provincial Executive Council of the association; (e) “former bylaws” means the bylaws passed under section 8 of the former Teaching Profession Act as they read immediately before the coming into force of this Part; (f) “former Teaching Profession Act ” means the Teaching Profession Act as it read immediately before the coming into force of this Part. Powers, duties, privileges and functions 2 (1) For the purposes of sections 3(2)(b) and (3)(b), 4(10), 5, 6, 7(4) and (5), 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the executive secretary under the former Teaching Profession Act are vested in and may be carried out by the Commissioner, and any reference to the executive secretary in the former Teaching Profession Act is deemed to be a reference to the Commissioner. (2) For the purposes of sections 9(1) and 10(1), the powers, duties, privileges and functions (a) of the executive council under the former Teaching Profession Act are vested in and may be carried out by the Commissioner, and any reference to the executive council in the former Teaching Profession Act is deemed to be a reference to the Commissioner, and (b) of the association under the former Teaching Profession Act are vested in and may be carried out by the Commissioner, and any reference to the association in the former Teaching Profession Act is deemed to be a reference to the Commissioner. (3) For the purposes of sections 3(2)(b) and (3)(b), 4(8) and 6, the powers, duties, privileges and functions of an investigator under the former Teaching Profession Act are vested in and may be carried out by an investigator under the Education Act , and any reference to an investigator in the former Teaching Profession Act is deemed to be a reference to an investigator under the Education Act . (4) For the purposes of section 7(4), the powers, duties, privileges and functions of a mediator or other person conducting a dispute resolution process under the former Teaching Profession Act and the former bylaws are vested in and may be carried out by a member of the professional conduct and competency general panel under the Education Act , and any reference to a mediator or other person conducting a dispute resolution process in the former Teaching Profession Act or the former bylaws is deemed to be a reference to a member of the professional conduct and competency general panel under the Education Act . (5) For the purposes of sections 3(2)(b) and (3)(b), 4(10), 5, 6, 7(5), 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the chair or members of the professional conduct and practice review general panel under the former Teaching Profession Act may be exercised and performed by the chair or members, respectively, of the professional conduct and competency general panel under the Education Act , and any reference to the chair or members of the professional conduct and practice review general panel in the former Teaching Profession Act is deemed to be a reference to the chair or members, respectively, of the professional conduct and competency general panel under the Education Act . (6) For the purposes of sections 3(2)(b) and (3)(b), 4(10), 5, 6, 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the chair or members of a complainant appeal committee under the former Teaching Profession Act are vested in and may be carried out by the chair or members, respectively, of a complainant appeal committee under the Education Act , and any reference to the chair or members of a complainant appeal committee in the former Teaching Profession Act is deemed to be a reference to the chair or members, respectively, of a complainant appeal committee under the Education Act . (7) For the purposes of sections 3(2)(b) and (3)(b), 4(10), 5, 6, 7(5), 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the chair or members of a hearing committee under the former Teaching Profession Act are vested in and may be carried out by the chair or members, respectively, of a hearing committee under the Education Act , and any reference to the chair or members of a hearing committee in the former Teaching Profession Act is deemed to be a reference to the chair or members, respectively, of a hearing committee under the Education Act . (8) For the purposes of sections 3(2)(b) and (3)(b), 4(10), 5, 6, 7(5), 8(1) and (5), 9(1) and (6) and 10(1) and (5), the powers, duties, privileges and functions of the chair or members of an appeal committee under the former Teaching Profession Act are vested in and may be carried out by the chair or members, respectively, of an appeal committee under the Education Act , and any reference to the chair or members of an appeal committee in the former Teaching Profession Act is deemed to be a reference to the chair or members, respectively, of an appeal committee under the Education Act . Transitional — complaints 3 (1) A complaint made under the Education Act on or after the day this Part comes into force that relates to alleged professional incompetence or alleged unprofessional conduct occurring all or partly before the coming into force of this Part must be dealt with under the Education Act . (2) Where a complaint made under section 24 of the former Teaching Profession Act has not been concluded before the coming into force of this Part, (a) if the executive secretary under the former Teaching Profession Act has not made a decision under section 24(3.2) of that Act in respect of the complaint before the coming into force of this Part, the executive secretary shall forthwith refer the complaint to the Registrar to be dealt with under the Education Act , and (b) if the executive secretary has made a decision under section 24(3.2) of the former Teaching Profession Act in respect of the complaint before the coming into force of this Part, the complaint and any matters arising from the complaint, including investigations, hearings and appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. (3) Where the executive secretary under the former Teaching Profession Act has commenced preliminary inquiries under section 25(1) of that Act, (a) if the executive secretary has not made a decision under section 25(1) of the former Teaching Profession Act to refer the matter to an investigator before the coming into force of this Part, the executive secretary shall forthwith refer the matter to the Registrar to be dealt with under the Education Act , and (b) if the executive secretary has referred the matter to an investigator under section 25(1) of the former Teaching Profession Act before the coming into force of this Part, the matter and any matters arising from the matter, including investigations, hearings and appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — investigations 4 (1) Where an investigation commenced under section 26 of the former Teaching Profession Act has not concluded before the coming into force of this Part, the investigation must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. (2) For the purposes of subsection (1), an investigator has the powers of an investigator under the former Teaching Profession Act . (3) An investigator referred to in subsection (2) shall provide to the Commissioner, on or before June 30, 2023, (a) a report under section 26(7) of the former Teaching Profession Act , and (b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister. (4) If the investigator fails to conclude the investigation and provide to the Commissioner a report under subsection (3)(a) on or before June 30, 2023, the investigator shall forthwith provide to the Commissioner (a) an interim report with respect to the investigation, and (b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister. (5) On receiving an interim report under subsection (4), the Commissioner may, if the Commissioner considers it reasonable to do so, extend the deadline by which the investigation must be concluded. (6) Where the Commissioner extends the deadline for concluding an investigation under subsection (5), the investigator shall provide to the Commissioner, on or before the deadline, (a) the report referred to in subsection (3)(a), and (b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister. (7) If the investigator fails to conclude the investigation and provide to the Commissioner the report referred to in subsection (3)(a) on or before the deadline extended under subsection (5), the investigator shall forthwith provide to the Commissioner (a) an additional interim report with respect to the investigation, and (b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister. (8) Where the Commissioner refuses to extend a deadline under subsection (5) or on receiving an additional interim report under subsection (7)(a), the Commissioner shall appoint an investigator under section 225.96 of the Education Act to continue the investigation under the former Teaching Profession Act as if the disciplinary provisions had not been repealed. (9) The investigator referred to in subsection (8) shall (a) consider any interim reports and all documents, reports and materials relating to the investigation, and (b) provide to the Commissioner (i) the report referred to in subsection (3)(a), and (ii) all documents, reports and materials relating to the investigation, including any new or updated documents, reports and materials. (10) Any matters arising from an investigation under this section, including hearings and appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — actions after considering investigator’s report 5 (1) Where the executive secretary has received a report under section 26(7) of the former Teaching Profession Act in respect of the investigation of a matter but has not made a decision under section 27(2) of that Act before the coming into force of this Part, (a) the executive secretary shall forthwith provide to the Commissioner the report and all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister, and (b) the Commissioner shall make a decision under section 27(2) of the former Teaching Profession Act in respect of the matter as if that section had not been repealed. (2) Where the Commissioner receives a report under section 4(3)(a) or (9)(b)(i), the Commissioner shall make a decision under section 27(2) of the former Teaching Profession Act in respect of the matter as if that section had not been repealed. (3) Any matters, including hearings or appeals, arising from a matter in respect of which the Commissioner makes a decision under subsection (1) or (2) must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — where report confirms conviction for prescribed offence 6 (1) Where an investigator’s report in respect of a matter confirms that an investigated person has been convicted of a prescribed offence that proceeded by indictment but the executive secretary has not made a recommendation under section 27.1(1)(b) of the former Teaching Profession Act before the coming into force of this Part, (a) the executive secretary shall provide to the Commissioner the investigator’s report and all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister, and (b) the Commissioner shall make a recommendation under section 27.1(1)(b) of the former Teaching Profession Act in respect of the matter as if that section had not been repealed. (2) Where the executive secretary has provided the Minister with the executive secretary’s recommendation under section 27.1(1)(b) of the former Teaching Profession Act but the Minister has not made a decision under section 27.3(1) of that Act before the coming into force of this Part, the Minister shall make a decision in respect of the recommendation under section 27.3(1) of that Act as if the disciplinary provisions had not been repealed. (3) Any matters, including hearings or appeals, arising from a matter referred to in subsection (1)(b) must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — referral to mediator or dispute resolution process 7 (1) Where a mediation or other dispute resolution process commenced under the former Teaching Profession Act or former bylaws has not concluded before the coming into force of this Part, the mediation or dispute resolution process must be concluded in accordance with the former Teaching Profession Act or former bylaws, as applicable, as if the disciplinary provisions or the disciplinary bylaw provisions had not been repealed. (2) On the conclusion of a mediation or dispute resolution process referred to in subsection (1), the executive secretary shall forthwith provide to the Commissioner any report prepared under the former bylaws in respect of the outcome of the mediation or dispute resolution process, in the manner prescribed by the Minister. (3) For the purposes of subsection (1), (a) the executive secretary, a member of the executive council and a member of the association have the powers of the executive secretary, a member of the executive council and a member of the association under the former Teaching Profession Act or former bylaws, as applicable, and (b) the mediator or individual conducting the dispute resolution process has the powers of a mediator or individual conducting a dispute resolution process under the former Teaching Profession Act or former bylaws, as applicable. (4) Where the executive secretary has referred a matter to a mediator or to another dispute resolution process under section 27(2)(a) of the former Teaching Profession Act or under the former bylaws but the mediator or individual conducting the dispute resolution process has not been appointed before the coming into force of this Part, the mediation or dispute resolution must be concluded under the former Teaching Profession Act or the former bylaws as if the disciplinary provisions or disciplinary bylaw provisions had not been repealed. (5) Any matters, including hearings or appeals, arising from a matter referred to in subsection (1) or (4) must be concluded in accordance with the former Teaching Profession Act or former bylaws as if the disciplinary provisions had not been repealed. Transitional — complainant appeals 8 (1) Where the chair of the professional conduct and practice review general panel has received a request for complainant appeal, has not dismissed the request for complainant appeal under section 29(3) of the former Teaching Profession Act and has not established a complainant appeal committee before the coming into force of this Part, the complainant appeal must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. (2) Notwithstanding section 2(1), the executive secretary under the former Teaching Profession Act (a) shall make representations to the complainant appeal committee with respect to the executive secretary’s decision not to take any further action under section 24(3.2)(a) of the former Teaching Profession Act or a direction of the executive secretary under section 27(2)(c) of that Act, and (b) may be represented before the complainant appeal committee by counsel or any other individual in making the representations referred to in clause (a). (3) Where a complainant appeal committee has been established under the former Teaching Profession Act but the complainant appeal has not concluded before the coming into force of this Part, the complainant appeal must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. (4) For the purposes of subsection (3), (a) the executive secretary has the powers of the executive secretary under the former Teaching Profession Act , and (b) the complainant appeal committee and its members have the powers of a complainant appeal committee and its members, as applicable, under the former Teaching Profession Act . (5) Any matters arising from a complainant appeal referred to in subsection (1) or (3), including investigations, hearings or appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — hearings 9 (1) Where the chair of the professional conduct and practice review general panel has been directed to establish a hearing committee under section 18(2) of the former Teaching Profession Act or the former bylaws or where a matter has been referred to a hearing committee under section 27(3) of the former Teaching Profession Act or under the former bylaws, but the hearing committee has not been established before the coming into force of this Part, the hearing must be concluded in accordance with the former Teaching Profession Act or the former bylaws, as applicable, as if the disciplinary provisions or the disciplinary bylaw provisions had not been repealed. (2) Notwithstanding section 2(6), where a hearing committee is established in accordance with subsection (1), (a) where the executive secretary refers a matter or directs the chair of the professional conduct and practice review general panel to refer a matter to a hearing committee, (i) the executive secretary shall make representations to the hearing committee with respect to the executive secretary’s decision to refer or direct the chair to refer the matter to the hearing committee, and (ii) the executive secretary may be represented before the hearing committee by counsel or any other individual in making the representations referred to in subclause (i), and (b) where an appeal committee directs the chair of the professional conduct and practice review general panel to refer a matter to a hearing committee, (i) the executive secretary shall make representations to the hearing committee with respect to the executive secretary’s original decision under clause (a) in respect of the matter, and (ii) the executive secretary may be represented before the hearing committee by counsel or any other individual in making the representations referred to in subclause (i). (3) A hearing committee established in accordance with subsection (1) shall not make an order under section 42(1)(a) or (b) or (2) of the former Teaching Profession Act . (4) Where a hearing committee has been established under the former Teaching Profession Act or the former bylaws but the hearing has not concluded before the coming into force of this Part, the hearing must be concluded in accordance with the former Teaching Profession Act or the former bylaws as if the disciplinary provisions or the disciplinary bylaw provisions had not been repealed. (5) For the purposes of subsection (4), the executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of a hearing committee and a hearing committee have the powers of the executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of a hearing committee and a hearing committee, respectively, under the former Teaching Profession Act . (6) Any matters arising from a hearing referred to in subsection (1) or (4), including appeals, must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — appeals 10 (1) Where the chair of the professional conduct and practice review general panel has received a request for appeal, has not dismissed the request for appeal under section 49(4) of the former Teaching Profession Act or under the former bylaws and has not established an appeal committee before the coming into force of this Part, the appeal must be concluded in accordance with the former Teaching Profession Act or the former bylaws as if the disciplinary provisions or the disciplinary bylaw provisions had not been repealed. (2) Where an appeal committee is established in accordance with subsection (1) and the executive secretary was required to make representations under section 9(2)(a) to the hearing committee in respect of the matter now under appeal, the executive secretary (a) shall make representations to the appeal committee in respect of the executive secretary’s decision to refer or direct the chair of the professional conduct and practice review general panel to refer the matter to the hearing committee, and (b) may be represented before the practice review appeal committee by counsel or any other individual in making the representations referred to in clause (a). (3) Where an appeal committee has been established under the former Teaching Profession Act or the former bylaws but the appeal has not concluded before the coming into force of this Part, the appeal must be concluded in accordance with the former Teaching Profession Act or the former bylaws as if the disciplinary provisions or disciplinary bylaw provisions had not been repealed. (4) For the purposes of subsection (3), the executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of an appeal committee and an appeal committee have the powers of the executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of an appeal committee and an appeal committee, respectively, under the former Teaching Profession Act . (5) Any matters arising from an appeal referred to in subsection (1) or (3) must be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed. Transitional — recommendation to Minister 11 Where a matter is required by this Part to be concluded in accordance with the former Teaching Profession Act as if the disciplinary provisions had not been repealed and a hearing committee makes a recommendation under section 42(1)(c) of the former Teaching Profession Act , (a) the Minister may accept, reject or vary the recommendation under section 70 of the Certification of Teachers and Teacher Leaders Regulation as it read immediately before the coming into force of this Part as if that Regulation had not been repealed, and (b) sections 69, 72 and 73 of the Certification of Teachers and Teacher Leaders Regulation as it read immediately before the coming into force of this Part apply in respect of the matter as if that Regulation had not been repealed. Transitional — provision of information and documents 12 (1) The executive secretary shall provide to the Commissioner any information requested by the Commissioner under section 57.1(1) of the former Teaching Profession Act relating to notifications or decisions in respect of a matter to which this Part applies. (2) The chair of the professional conduct and practice review general panel shall provide to the Commissioner any information requested by the Commissioner under section 57.1(2) of the former Teaching Profession Act relating to requests for complainant appeals to which this Part applies. (3) The executive secretary, the executive council, the association, the chair and members of the professional conduct and practice review general panel, the chair of a complainant appeal committee and an appeal committee, the chair of a hearing committee and a hearing committee, the chair of an appeal committee or an appeal committee that dealt with a matter under the former Teaching Profession Act to which this Part applies shall provide to the Commissioner any documents, records, materials or information requested by the Commissioner in respect of that matter. Transitional — transfer of documents, records, materials and information 13 Any documents, records, materials or information relating to a matter to which this Part applies must be provided to the Registrar, Commissioner or Minister in the manner prescribed by the Minister. Part 2 Practice Review of Teachers and Teacher Leaders Regulation Transitional Provisions Definitions 14 In this Part, (a) “Act” means the Education Act as it reads on the coming into force of this Part; (b) “former Regulation” means the Practice Review of Teachers and Teacher Leaders Regulation as it read immediately before the coming into force of this Part. Powers, duties, privileges and functions 15 (1) For the purposes of sections 16(2)(b) and (3)(b), 17(10), 18, 19, 20(4) and (5), 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the Registrar under the former Regulation are vested in and may be carried out by the Commissioner, and any reference to the Registrar in the former Regulation is deemed to be a reference to the Commissioner. (2) For the purposes of sections 16(2)(b) and (3)(b), 17(8) and 19, the powers, duties, privileges and functions of an investigator under the former Regulation are vested in and may be carried out by an investigator under the Act, and any reference to an investigator in the former Regulation is deemed to be a reference to an investigator under the Act. (3) For the purposes of section 20(4), the powers, duties, privileges and functions of a member of the practice review general panel conducting a resolution process under the former Regulation are vested in and may be carried out by a member of the professional conduct and competency general panel under the Act, and any reference to a member of the practice review general panel conducting a resolution process under the former Regulation is deemed to be a reference to a member of the professional conduct and competency general panel under the Act. (4) For the purposes of sections 16(2)(b) and (3)(b), 17(10), 18, 19, 20(5), 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the chair or members of the practice review general panel under the former Regulation may be exercised and performed by the chair or members, respectively, of the professional conduct and competency general panel under the Act, and any reference to the chair or members of the practice review general panel in the former Regulation is deemed to be a reference to the chair or members, respectively, of the professional conduct and competency general panel under the Act. (5) For the purposes of sections 16(2)(b) and (3)(b), 17(10), 18, 19, 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the chair or members of a practice review complainant appeal committee under the former Regulation are vested in and may be carried out by the chair or members, respectively, of a complainant appeal committee under the Act, and any reference to the chair or members of a practice review complainant appeal committee in the former Regulation is deemed to be reference to the chair or members, respectively, of a complainant appeal committee under the Act. (6) For the purposes of sections 16(2)(b) and (3)(b), 17(10), 18, 19, 20(5), 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the chair or members of a practice review hearing committee under the former Regulation are vested in and may be carried out by the chair or members, respectively, of a hearing committee under the Act, and any reference to the chair or members of a practice review hearing committee in the former Regulation is deemed to be a reference to the chair or members, respectively, of a hearing committee under the Act. (7) For the purposes of sections 16(2)(b) and (3)(b), 17(10), 18, 19, 20(5), 21(1) and (5), 22(1) and (5) and 23(1) and (5), the powers, duties, privileges and functions of the chair or members of a practice review appeal committee under the former Regulation are vested in and may be carried out by the chair or members, respectively, of an appeal committee under the Act, and any reference to the chair or members of a practice review appeal committee in the former Regulation is deemed to be a reference to the chair or members, respectively, of an appeal committee under the Act. Transitional — complaints 16 (1) A complaint made under the Act on or after the day this Part comes into force that relates to alleged professional incompetence or alleged unprofessional conduct occurring all or partly before the coming into force of this Part must be dealt with under the Act. (2) Where a complaint under the former Regulation has not been concluded before the coming into force of this Part, (a) if the Registrar under the former Regulation has not made a decision under section 30(2) of the former Regulation in respect of the complaint before the coming into force of this Part, the Registrar under the former Regulation shall forthwith refer the complaint to the Registrar under the Act to be dealt with under the Act, and (b) if the Registrar under the former Regulation has made a decision under section 30(2) of the former Regulation in respect of the complaint before the coming into force of this Part, the complaint and any matters arising from the complaint, including investigations, hearings and appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. (3) Where the Registrar under the former Regulation has commenced preliminary inquiries under section 31(1) of that Regulation, (a) if the Registrar has not made a decision under section 31(1) of the former Regulation to refer the matter to an investigator before the coming into force of this Part, the Registrar shall forthwith refer the matter to the Registrar to be dealt with under the Act, and (b) if the Registrar has referred the matter to an investigator under section 31(1) of the former Regulation before the coming into force of this Part, the matter and any matters arising from the matter, including investigations, hearings and appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — investigations 17 (1) Where an investigation commenced under section 32 of the former Regulation has not concluded before the coming into force of this Part, the investigation must be concluded in accordance with the former Regulation as if it had not been repealed. (2) For the purposes of subsection (1), an investigator has the powers of an investigator under the former Regulation. (3) An investigator referred to in subsection (2) shall provide to the Commissioner, on or before June 30, 2023, (a) a report under section 32(5) of the former Regulation, and (b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister. (4) If the investigator fails to conclude the investigation and provide to the Commissioner a report under subsection (3)(a) on or before June 30, 2023, the investigator shall forthwith provide to the Commissioner (a) an interim report with respect to the investigation, and (b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister. (5) On receiving an interim report under subsection (4), the Commissioner may, if the Commissioner considers it reasonable to do so, extend the deadline by which the investigation must be concluded. (6) Where the Commissioner extends the deadline for concluding an investigation under subsection (5), the investigator shall provide to the Commissioner, on or before the deadline, (a) the report referred to in subsection (3)(a), and (b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister. (7) If the investigator fails to conclude the investigation and provide to the Commissioner the report referred to in subsection (3)(a) on or before the deadline extended under subsection (5), the investigator shall forthwith provide to the Commissioner (a) an additional interim report with respect to the investigation, and (b) all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister. (8) Where the Commissioner refuses to extend a deadline under subsection (5) or on receiving an additional interim report under subsection (7)(a), the Commissioner shall appoint an investigator under section 225.96 of the Act to continue the investigation under the former Regulation as if it had not been repealed. (9) The investigator referred to in subsection (8) shall (a) consider any interim reports and all documents, reports and materials relating to the investigation, and (b) provide to the Commissioner (i) the report referred to in subsection (3)(a), and (ii) all documents, reports and materials relating to the investigation, including any new or updated documents, reports and materials. (10) Any matters arising from an investigation under this section, including hearings and appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — actions after considering investigator’s report 18 (1) Where the Registrar has received a report under section 32(5) of the former Regulation in respect of the investigation of a matter but has not made a decision under section 33(3) of that Regulation before the coming into force of this Part, (a) the Registrar shall forthwith provide to the Commissioner the report and all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister, and (b) the Commissioner shall make a decision under section 33(3) of the former Regulation in respect of the matter as if that Regulation had not been repealed. (2) Where the Commissioner receives a report under section 17(3)(a) or (9)(b)(i), the Commissioner shall make a decision under section 33(3) of the former Regulation in respect of the matter as if that Regulation had not been repealed. (3) Any matters, including hearings or appeals, arising from a matter in respect of which the Commissioner makes a decision under subsection (1) or (2) must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — where report confirms conviction for prescribed offence 19 (1) Where an investigator’s report in respect of a matter confirms that an investigated person has been convicted of a prescribed offence that proceeded by indictment but the Registrar has not made a recommendation under section 34(a)(ii) of the former Regulation before the coming into force of this Part, (a) the Registrar shall provide to the Commissioner the investigator’s report and all documents, reports and materials relating to the investigation, in the manner prescribed by the Minister, and (b) the Commissioner shall make a recommendation under section 34(a)(ii) of the former Regulation in respect of the matter as if that Regulation had not been repealed. (2) Where the Registrar has provided the Minister with the Registrar’s recommendation under section 34(a)(ii) of the former Regulation but the Minister has not made a decision under section 36(1) of that Regulation before the coming into force of this Part, the Minister shall make a decision in respect of the recommendation under section 36(1) of the former Regulation as if it had not been repealed. (3) Any matters, including hearings or appeals, arising from a matter referred to in subsection (1)(b) must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — referral to resolution process 20 (1) Where a resolution process commenced under section 38 of the former Regulation has not concluded before the coming into force of this Part, the resolution process must be concluded in accordance with the former Regulation as if it had not been repealed. (2) On the conclusion of a resolution process referred to in subsection (1), the Registrar shall forthwith provide to the Commissioner the report referred to in section 38(5) of the former Regulation, in the manner prescribed by the Minister. (3) For the purposes of subsection (1), (a) the Registrar has the powers of the Registrar under the former Regulation, and (b) the member of the practice review general panel conducting the resolution process has the powers of a member of the practice review general panel conducting a resolution process under the former Regulation. (4) Where a matter has been referred to a member of the practice review general panel to conduct a resolution process under the former Regulation but the member conducting the resolution process has not been appointed before the coming into force of this Part, the resolution process must be concluded under the former Regulation as if it had not been repealed. (5) Any matters, including hearings or appeals, arising from a matter referred to in subsection (1) or (4) must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — complainant appeals 21 (1) Where the chair of the practice review general panel has received a notice of complainant appeal, has not dismissed the complainant appeal and has not established a practice review complainant appeal committee under the former Regulation before the coming into force of this Part, the complainant appeal must be concluded in accordance with the former Regulation as if it had not been repealed. (2) Notwithstanding section 15(1), the Registrar under the former Regulation (a) shall make representations to the practice review complainant appeal committee with respect to the Registrar’s decision not to take any further action under section 30(2)(a) or 33(3)(a) of the former Regulation, and (b) may be represented before the practice review complainant appeal committee by counsel or any other individual in making the representations referred to in clause (a). (3) Where a practice review complainant appeal committee has been established under the former Regulation but the complainant appeal has not concluded before the coming into force of this Part, the complainant appeal must be concluded in accordance with the former Regulation as if it had not been repealed. (4) For the purposes of subsection (3), (a) the Registrar has the powers of the Registrar under the former Regulation, and (b) the practice review complainant appeal committee and its members have the powers of a practice review complainant appeal committee and its members, as applicable, under the former Regulation. (5) Any matters arising from a complainant appeal referred to in subsection (1) or (3), including investigations, hearings or appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — hearings 22 (1) Where the chair of the practice review general panel has been directed to establish a practice review hearing committee under section 24(1) or 36(1)(b) of the former Regulation and has not established a practice review hearing committee before the coming into force of this Part, the hearing must be concluded in accordance with the former Regulation as if it had not been repealed. (2) Notwithstanding section 15(1), where a practice review hearing committee is established in accordance with subsection (1), (a) where the Registrar directs the chair of the practice review general panel to refer a matter to a practice review hearing committee, (i) the Registrar shall make representations to the practice review hearing committee with respect to the Registrar’s decision to refer or direct the chair to refer the matter to the practice review hearing committee, and (ii) the Registrar may be represented before the practice review hearing committee by counsel or any other individual in making the representations referred to in subclause (i), and (b) where a practice review appeal committee directs the chair of the practice review general panel to refer a matter to a practice review hearing committee, (i) the Registrar shall make representations to the practice review hearing committee with respect to the Registrar’s original decision under clause (a) in respect of the matter, and (ii) the Registrar may be represented before the practice review hearing committee by counsel or any other individual in making the representations referred to in subclause (i). (3) Where a practice hearing committee has been established under the former Regulation but the hearing has not concluded before the coming into force of this Part, the hearing must be concluded in accordance with the former Regulation as if it had not been repealed. (4) For the purposes of subsection (3), the Registrar, the chair and members of the practice review general panel, the chair of a practice review hearing committee and a practice review hearing committee have the powers of the Registrar, the chair and members of the practice review general panel, the chair of a practice review hearing committee and a practice review hearing committee, respectively, under the former Regulation. (5) Any matters arising from a hearing referred to in subsection (1) or (3), including appeals, must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — appeals 23 (1) Where the chair of the practice review general panel has received a notice of appeal, has not dismissed the appeal and has not established a practice review appeal committee under the former Regulation before the coming into force of this Part, the appeal must be concluded in accordance with the former Regulation as if it had not been repealed. (2) Where a practice review appeal committee is established in accordance with subsection (1) and the Registrar was required to make representations under section 22(2)(a) to the practice review hearing committee in respect of the matter now under appeal, the Registrar (a) shall make representations to the practice review appeal committee in respect of the Registrar’s decision to direct the chair of the practice review general panel to refer the matter to the practice review hearing committee, and (b) may be represented before the practice review appeal committee by counsel or any other individual in making the representations referred to in clause (a). (3) Where a practice review appeal committee has been established under the former Regulation but the appeal has not concluded before the coming into force of this Part, the appeal must be concluded in accordance with the former Regulation as if it had not been repealed. (4) For the purposes of subsection (3), the Registrar, the chair and members of the practice review general panel, the chair of a practice review appeal committee and a practice review appeal committee have the powers of the Registrar, the chair and members of the practice review general panel, the chair of a practice review appeal committee and a practice review appeal committee, respectively, under the former Regulation. (5) Any matters arising from an appeal referred to in subsection (1) or (3) must be concluded in accordance with the former Regulation as if it had not been repealed. Transitional — recommendation to Minister 24 Where a matter is required by this Part to be concluded in accordance with the former Regulation as if it had not been repealed and a practice review hearing committee makes a recommendation under section 48(3) of the former Regulation or a practice review appeal committee makes a recommendation under section 53(1)(a) of the former Regulation, the Minister may make a decision with respect to the recommendation under section 54(2) of the former Regulation as if it had not been repealed and section 54(1) and (3) to (6) of the former Regulation apply in respect of the matter as if that Regulation had not been repealed. Transitional — provision of information and documents 25 The Registrar, the chair and members of the practice review general panel, the chair of a practice review complainant appeal committee and a complainant appeal committee, the chair of a practice review hearing committee and a practice review hearing committee, the chair of a practice review appeal committee or a practice review appeal committee that dealt with a matter under the former Regulation to which this Part applies shall provide to the Commissioner any documents, records, materials or information requested by the Commissioner in respect of that matter. Transitional — transfer of documents, records, materials and information 26 Any documents, records, materials or information relating to a matter to which this Part applies must be provided to the Registrar, Commissioner or Minister in the manner prescribed by the Minister. Part 3 Coming into Force Coming into force 27 This Regulation comes into force on the coming into force of section 12 of the Education (Reforming Teacher Profession Discipline) Amendment Act, 2022 .