Teaching Profession Act

TEACHING PROFESSION ACT Chapter T‑2 Table of Contents 1 Definitions The Alberta Teachers ’ Association 2 Constitution of Alberta Teachers ’ Association 3 Objects of association 4 Powers Membership 5 Compulsory active membership 5.1 Options re membership of certain teachers 6 Classes of membership 7 Voting rights 7.1 Notice to employer Governance of Association 8 Bylaws 9 Annual general meeting 10 Meeting composed of officers, etc. 11 Executive council 12 Fees 13 Deduction of membership fees 14 Separate schools 15 Annual report Discipline 62 Document of executive secretary 63 Protection from liability 65.1 Regulations Offences and Penalties 66 Penalties HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a), (a.1) repealed 2022 c7 s17; (a.2) “association” means The Alberta Teachers’ Association; (b) “bylaws” means the bylaws of the association; (b.1) - (c) repealed 2022 c7 s17; (d) “executive council” means the Provincial Executive Council of the association; (e) “executive secretary” means the chief executive officer of the association or a person designated by the chief executive officer; (e.1) - (e.3) repealed 2022 c7 s17; (f) “member” means a member in good standing of the association; (g) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (g.1), (g.2) repealed 2022 c7 s17; (h) “school board” means a board as defined in the Education Act ; (i) “superintendent” means a superintendent appointed by a school board pursuant to the Education Act and the teacher, if any, who is appointed by the school board to be the superintendent’s chief deputy; (j) “teacher” means a person holding a teaching certificate issued under the Education Act . (k), (l) repealed 2022 c7 s17. RSA 2000 cT‑2 s1;2012 cE‑0.3 s287;2021 c19 s3(2); 2022 c7 s17;2024 c19 s18 The Alberta Teachers ’ Association Constitution of Alberta Teachers ’ Association 2 There is hereby constituted a corporation with the name “The Alberta Teachers’ Association”. RSA 1980 cT‑3 s2 Objects of association 3 (1) The association may take any measure that is not inconsistent with this Act or any Act or regulation of Alberta and that it considers necessary in order to give effect to any policy adopted by it with respect to any question or matter directly or indirectly affecting the teaching profession. (2) The association may acquire by gift, purchase or otherwise, and may sell, mortgage, lease or otherwise dispose of real and personal property, for the purpose of carrying into effect and of promoting the objects and designs of the association. RSA 1980 cT‑3 s3 Powers 4 The objects of the association are (a) to advance and promote the cause of education in Alberta; (b) to improve the teaching profession (i) by promoting and supporting recruitment and selection practices that ensure capable candidates for teacher education, (ii) by promoting and supporting adequate programs of preservice preparation, internship and certification, (iii) by promoting the establishment of working conditions that will make possible the best level of professional service, (iv) by organizing and supporting groups that tend to improve the knowledge and skill of teachers, (v) by meetings, publications, research and other activities designed to maintain and improve the competence of teachers, (vi) by advising, assisting, and protecting members in the discharge of their professional duties and relationships, and (vii) repealed 2022 c7 s17; (c) to arouse and increase public interest in the importance of education and public knowledge of the aims of education, financial support for education, and other education matters; (d) to co‑operate with other organizations and bodies in Canada and elsewhere having the same or like aims and objects. RSA 2000 cT‑2 s4;2004 c27 s2;2022 c7 s17 Membership Compulsory active membership 5 (1) Subject to this section, the employment of a teacher by a school board is conditional on the teacher being and continuing to be an active member of the association except in the following cases: (a) a teacher who is a superintendent; (b) a teacher who (i) is engaged in carrying out central office administrative functions for the school board, (ii) is not engaged in carrying out teaching functions, and (iii) is designated or otherwise described by or under the regulations as a teacher who is eligible to make an election under section 5.1; (c) a teacher who (i) is designated by the school board to an administrative, supervisory or consultative position, and (ii) under section 204(2) of the Education Act , is excluded from the teachers on whose behalf the association is bargaining. (2) When a school board employs a teacher, other than as a superintendent, the board shall notify the association in writing of the name of the teacher, the date of commencement of employment and the amount of salary to be paid and, notwithstanding subsection (1), the employment of the teacher by the school board is valid until the association notifies the school board in writing that the teacher is not an active member. (3) When a teacher who is employed by a school board, other than as a superintendent, ceases to be an active member, the board may continue to employ the teacher until the association notifies the board in writing that the teacher is not an active member. (4) Subsections (2) and (3) do not apply to a teacher referred to in subsection (1)(b) or (c) if that teacher is not an active member of the association. RSA 2000 cT‑2 s5;2004 c27 s3;2012 cE‑0.3 s287 Options re membership of certain teachers 5.1 (1) A teacher referred to in section 5(1)(b) or (c) may elect one of the following: (a) to be an active member of the association; (b) to be an associate member of the association; (c) not to be a member of the association. (2) Where a teacher to whom this section applies makes an election under subsection (1), (a) the association shall, except where directed or permitted by the Minister to do otherwise, act in accordance with that election, and (b) the election may not, unless otherwise permitted by the Minister, be revoked or amended during the period of time that the teacher remains employed in the circumstances referred to in section 5(1)(b) or (c) in respect of which the election is made. 2004 c27 s4 Classes of membership 6 (1) The membership of the association is composed of active, associate, life, honorary and student members. (2) Only teachers who are employed by school boards, other than teachers employed as superintendents and teachers who are regulated members of the College of Alberta School Superintendents, may be active members of the association. (3) The association may grant associate, honorary, life or student membership to any person who meets the conditions prescribed by the bylaws. RSA 2000 cT‑2 s6;2021 cC-18.8 s87 Voting rights 7 (1) Active members and associate members have the right to vote and, subject to the bylaws, have the right to hold office in the association. (2) Life, honorary and student members do not have the right to vote or to hold office in the association. RSA 2000 cT-2 s7;2022 c7 s17 Notice to employer 7.1 When a person’s membership in the association is suspended or cancelled, the executive secretary shall forthwith notify the person’s employer and the Registrar under the Education Act of the suspension or cancellation. 2022 c7 s17 Governance of Association Bylaws 8 (1) The association in general meeting may pass bylaws not inconsistent with this Act or any Act or regulation of Alberta concerning (a) the election of the executive council and officers of the association; (b) the formation, government, management and dissolution of local associations; (c) the management of its property and affairs and its own internal organization and administration; (d) the maintenance of the association and the fixing and collecting of annual and other fees; (e) the time, place and conduct of the annual and other meetings of the association; (f) the suspension or cancellation of a person’s membership in the association for non-payment of fees, dues or levies that are payable to the association; (g) the reinstatement of a person’s membership in the association; (g.1) repealed 2022 c7 s17; (h) all other matters that are considered necessary or convenient for the management of the association and the promotion of its welfare or the conduct of its business. (2) to (5) Repealed 2022 c7 s17. RSA 2000 cT‑2 s8;2004 c27 s5;2012 cE‑0.3 s287;2021 c19 s3(3); 2022 c7 s17 Annual general meeting 9 The Association shall be governed by an annual general meeting, which shall be held during Easter week of each year or at any other time that the executive council considers expedient. RSA 1980 cT‑3 s9 Meeting composed of officers, etc. 10 The annual general meeting shall be composed of the officers, the executive council and, as provided by the bylaws, the delegates from local associations. RSA 1980 cT‑3 s10 Executive council 11 (1) The business of the association shall be transacted and carried on by the executive council. (2) The executive council shall be composed of the officers of the association and at least 7 other persons who shall be elected by districts. RSA 1980 cT‑3 s11 Fees 12 Every active, associate and student member shall pay the fees fixed by bylaw. RSA 1980 cT‑3 s12 Deduction of membership fees 13 Every school board shall deduct the membership fee to the association from the salary of every teacher it employs, other than teachers employed as superintendents and teachers who are regulated members of the College of Alberta School Superintendents, and shall pay the membership fees and furnish a list of teachers in its employ each month to the association. RSA 2000 cT‑2 s13;2021 cC-18.8 s87 Separate schools 14 Nothing in this Act shall be deemed to interfere with the rights of separate schools as provided in the Education Act . RSA 2000 cT‑2 s14;2012 cE‑0.3 s287 Annual report 15 (1) The executive council shall submit annually to the Minister, in a form satisfactory to the Minister, a report on those matters of the business and affairs of the association that the Minister requires. (2) The Minister shall, on receipt of the annual report, lay it before the Legislative Assembly if it is then sitting, and if it is not then sitting, within 15 days after the commencement of the next sitting. 1995 c36 s5 Discipline 16 to 61 Repealed 2022 c7 s17. Document of executive secretary 62 A document purporting to be signed by the executive secretary stating that a named person was or was not, on a specified day or during a specified period, (a) a member, or (b) an officer of the association or a member of the executive council or of a committee established under this Act or the bylaws, shall be admitted as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the appointment or signature of the executive secretary. 1995 c36 s6 Protection from liability 63 (1) No action lies against (a) the executive secretary, the executive council or the association or any person acting on the instructions of any of them, or (b) any officer or employee of the association for anything done by that person or body in good faith and in purporting to act under this Act or the bylaws. (2) Repealed 2022 c7 s17. RSA 2000 cT-2 s63;2022 c7 s17 64, 65 Repealed 2022 c7 s17. Regulations 65.1 The Minister may make regulations (a) designating or otherwise describing, or providing for the designation or description of, teachers referred to in section 5(1)(b) who are eligible to make an election under section 5.1; (b) respecting membership in the association of teachers who are eligible to make an election under section 5.1. 2004 c27 s10 Offences and Penalties Penalties 66 (1) Every person and every officer, employee or agent of a corporation or firm who contravenes this Act is guilty of an offence and liable (a) for a first offence, to a fine of not more than $2000, (b) for a 2nd offence, to a fine of not more than $4000, and (c) for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment. (2) A prosecution under this section may be commenced within 2 years after the commission of the alleged offence, but not afterwards. 1995 c36 s6 67 Repealed 2022 c7 s17.