The Education Administration Act

The Education Administration Act, C.C.S.M. c. E10 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions PART 2 RESPONSIBILITIES OF THE MINISTER 2 Supervision of schools 3 Powers of the minister 3.1 Copyright agreements 3.2 Request re personal information and personal health information 4 Regulations, clinicians 4.1 Recognition of Manitoba Association of Parent Councils, Inc. 4.2 Minister may refer matter to MAPC 4.3 First Nations, Inuit and Métis education policy framework 5 Repealed 6 Director of certification 6.1 Issuing a teaching certificate 7 Limited teaching permits 8 Evaluation of school systems 8.0.1 Construction by minister 8.0.2 Responsibilities of minister 8.0.3 Assumption of ownership by school board 8.0.4 Use of school or child care facility PART 3 TEACHER DISCIPLINE 8.1 Definitions 8.2 Commissioner 8.3 Commissioner may delegate 8.4 Annual report 8.5 Staff 8.6 Commissioner's rules of practice and procedure 8.7 Final and binding decisions 8.8 Roster of hearing panel members 8.9 Complaints 8.10 Report by teacher's employer 8.11 Preliminary review of complaint or report 8.12 Decision not to take further action 8.13 Deferral 8.14 Investigation 8.15 Power to compel witnesses and require disclosure 8.16 Additional investigation powers 8.17 Suspension of teaching certificate before hearing 8.18 Actions of commissioner 8.19 Decision not to take further action 8.20 Consent resolution agreement 8.21 Publication of consent resolution agreement 8.22 Notice of decision 8.23 Referral after preliminary review 8.24 Panel established for hearing 8.25 Conduct of hearing 8.26 Power to compel witnesses and order disclosure 8.27 Hearing open to public 8.28 Failure to attend 8.29 Findings after hearing 8.30 Orders after hearing 8.31 Power to award costs 8.32 Written decision 8.33 Further orders preventing public disclosure 8.34 Notice of decision 8.35 Appeal to court 8.36 Confidentiality of information 8.37 Regulations PART 4 TEACHER REGISTRY 8.38 Teacher registry 9 Repealed PART 5 GENERAL PROVISIONS 10-18 Repealed 19 Protection from liability HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 DEFINITIONS Definitions 1 In this Act, "department" means the department or branch of the Executive Government of the province designated by the Lieutenant Governor in Council for the purposes of this Act; (« ministère ») "director of certification" means the director appointed under section 6; (« directeur des brevets ») "independent school" means any school, other than a public school, which provides a curriculum and a standard of education equivalent to that provided by the public schools, but does not include any home or place to which clause 262(b) of The Public Schools Act applies; (« école indépendante ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "public school" means an institution for education purposes established and maintained under this Act or The Public Schools Act ; (« école publique ») "school board" means the board of trustees of a school division or school district; (« commission scolaire ») "school site" means a school site as defined in The Public Schools Act ; (« emplacement scolaire ») "support" means support as defined in The Public Schools Act ; (« aide ») "teacher education institution" means an institution for the education of persons for certification as teachers. (« institution de formation pédagogique ») "teaching certificate" means a teaching certificate issued under this Act by the director of certification. (« brevet d'enseignement ») S.M. 2015, c. 43, s. 12 ; S.M. 2021, c. 4, s. 28 ; S.M. 2021, c. 61, s. 75 ; S.M. 2023, c. 28, s. 3 ; S.M. 2025, c. 47, s. 2 ; S.M. 2026, c. 44, s. 46 . PART 2 RESPONSIBILITIES OF THE MINISTER Supervision of schools 2 The minister is responsible for the supervision, control and direction of all public schools and of all other schools established pursuant to this Act. Powers of the minister 3(1) The minister may (a) establish and operate or provide for the establishment and operation of technical, vocational, summer, distance learning, international or any other schools; (b) provide advice to school boards with respect to the dimensions, equipment, style, plans, furnishing, decoration, heating and ventilation of school buildings and for the arrangement and requisites of school premises; (c) approve courses of study, including distance learning and other courses; (c.1) establish courses of study, including setting the amount of instruction time, and authorize programs and instructional materials for use in public or independent schools; (d) approve text books to be used; (e) at the minister's discretion or upon request of the authority in control of an independent school, inquire into the qualifications of the teachers of, and the standard of education provided by, the independent school and into any matter relating to the welfare of pupils enrolled at the independent school; (f) purchase books for school library purposes, school supplies, furniture, equipment and instructional materials and sell them to school boards, teachers, pupils or other persons; (g) arrange for the printing and publishing of text books and other instructional materials for use in the public schools; (h) enter into agreements with any person, corporation or government, respecting any educational matter; (i) order a public school to be closed in an emergency or where the minister deems it in the best interest of the community in which the school is located and cancel the order where the emergency no longer exists; (j) [repealed] S.M. 2004, c. 42, s. 23 ; (k) purchase text books and make arrangements with school boards for free distribution thereof to pupils; (l) purchase school buses and sell or give them to school boards, subject to such terms and conditions as the minister deems advisable; (m) release information relating to pupil achievement and the effectiveness of programs in public or independent schools; (n) assign a Manitoba education number to the following: (i) a pupil who is enrolled or who seeks to be enrolled in a public or independent school, (ii) a pupil who is enrolled in a school operated by a First Nation, if the school is approved by the minister, (iii) a pupil who is home schooled or who is enrolled in distance learning courses offered by the department, (iv) a child for whom specific preparations are being made to provide appropriate educational programming, (v) a person who is in a prescribed class of persons; (o) approve programs for sexual abuse prevention and school sport abuse prevention. Teacher education programs subject to approval of minister 3(2) Programs taken by persons in teacher education institutions for the purpose of teacher certification, shall be subject to the approval of the minister. Regard for policy framework 3(3) In approving or establishing courses of study and in approving teacher education programs, the minister is to have regard for the First Nations, Inuit and Métis education policy framework established under section 4.3. S.M. 1989-90, c. 50, s. 2 ; S.M. 1991-92, c. 19, s. 2 ; S.M. 1996, c. 39, s. 2 ; S.M. 2004, c. 42, s. 23 ; S.M. 2010, c. 27, Sch. C, s. 2 ; S.M. 2021, c. 4, s. 28 ; S.M. 2023, c. 10, s. 13 ; S.M. 2025, c. 17, s. 5 ; S.M. 2025, c. 18, s. 5 . "Educational institution" defined 3.1(1) In this section, "educational institution" means a school division, a school district, an independent school or other educational organization. Copyright agreements 3.1(2) The minister may enter into a licensing agreement with any person, authorizing any educational institution designated by the minister under subsection (4) to copy, for educational purposes and on terms and conditions set out in the agreement, works protected by copyright and specified in the agreement. Fee payable under agreement 3.1(3) An agreement under subsection (2) may require the minister to pay a fee for the authorization to copy works granted by the agreement and may specify the amount of the fee and the time and manner of payment, and the minister shall pay any fee so required in accordance with the agreement and out of the fees deducted under subsection (4). Regulations 3.1(4) The minister may make regulations (a) designating educational institutions for the purpose of subsection (2); (b) respecting terms and conditions that educational institutions must comply with in copying works pursuant to an agreement under subsection (2); (c) requiring educational institutions to pay fees for the authorization to copy works pursuant to an agreement under subsection (2) and respecting the amount of those fees. Use of fees 3.1(5) The minister shall deduct the amount of fees required to be paid by educational institutions under subsection (4) from any support or grant payable to educational institutions under this Act or The Adult Learning Centres Act , and shall use the fees for the purposes of subsection (3). S.M. 1991-92, c. 19, s. 3 ; S.M. 1997, c. 29, s. 2 ; S.M. 2002, c. 29, s. 43 ; S.M. 2021, c. 4, s. 28 . Definitions 3.2(1) The following definitions apply in this section: "personal health information" means personal health information as defined in The Personal Health Information Act , but only in respect of any disability or illness that an individual may have. (« renseignements médicaux personnels ») "personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act , and includes a Manitoba education number assigned to a pupil or person. (« renseignements personnels ») Request re personal information and personal health information 3.2(2) For the purposes set out in subsection (3), the minister may request that the following provide, or collect on behalf of the minister and provide, personal information and personal health information: (a) a school board, in respect of a pupil who is or may become enrolled in a public school; (b) an independent school, in respect of a pupil who is or may become enrolled in the independent school; (c) a school board or independent school, in respect of a child for whom the board or school is making specific preparations to provide appropriate education; (d) if approved by the minister and subject to the agreement of the First Nation, the operator of a First Nation's school, in respect of a pupil who is enrolled in the school; (e) a prescribed person, entity or government department or agency, in respect of a person within a prescribed class of persons. Limits on requests for information 3.2(3) The minister may request information under subsection (2) only if the personal information and personal health information requested is necessary to (a) assign or verify a Manitoba education number; (b) determine enrolment; (c) determine and administer funding, including eligibility to receive funding; (d) research and evaluate the effectiveness of programs, courses and curriculum delivered by school boards and independent schools; (e) develop, administer, monitor and evaluate government programming respecting education; (e.1) develop and implement the First Nations, Inuit and Métis education policy framework established under section 4.3 and determine whether its purpose is being achieved; (f) administer provincial assessments, award credits and issue transcripts, graduation diplomas and certificates of completion; (g) conduct research and analysis relating participation, attrition and completion, and transitions to employment, post-secondary education and adult learning; (h) exercise a power, carry out a duty or perform a function of the minister or the department under this Act or The Public Schools Act or a regulation under those Acts. Additional limits 3.2(4) Under this section, the minister must (a) not request or collect personal information or personal health information if other information will serve the purpose; and (b) limit the amount of information requested and collected to the minimum amount necessary to accomplish the purpose. Duty to provide information 3.2(5) A school board, independent school or prescribed person, entity or government department or agency that receives a request under this section must provide the minister with the information requested, in the form and within the time specified by the minister. Permitted collection, use and disclosure continue 3.2(6) Nothing in this section limits the authority of the minister to collect, use and disclose personal information and personal health information if authorized or required to do so by law, including The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act . Duty to adopt security safeguards 3.2(7) The minister must protect all information, including personal information and personal health information, collected under this section by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information. Safeguards for sensitive information 3.2(8) In determining the reasonableness of security safeguards adopted pursuant to subsection (7), the degree of sensitivity of the information to be protected must be taken into account. S.M. 2010, c. 27, Sch. C, s. 3 ; S.M. 2021, c. 4, s. 28 ; S.M. 2025, c. 18, s. 6 . Regulations 4(1) For the purpose of carrying out the provisions of this Act according to their intent, the minister may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing the minister may make regulations (a) respecting the duties of teachers and of principals; (b) prescribing the classification, organization, discipline and government of the public schools of the province; (b.1) respecting the establishment of parent advisory councils and parent councils for schools, including their formation, composition and mandate; (c) respecting the certification of teachers, including, but not limited to, (i) establishing the qualifications and other requirements to be met by applicants for a teaching certificate, (ii) classifying teaching certificates, including requiring that different requirements be met for different classes, (iii) establishing a reconsideration process for applicants who are refused a teaching certificate or a change in classification, and (iv) respecting the issuance, cancellation and renewal of teaching certificates, including requiring certificates to be renewed at specified times and subject to specified terms and conditions; (c.1) establishing competence standards that a teacher must meet in order to be issued and to maintain a teaching certificate; (c.2) respecting the registry of teachers under section 8.38, including, but not limited to, (i) governing the keeping of the registry, (ii) specifying additional information to be kept on the registry, and (iii) authorizing the removal of information from the registry; (d) respecting the suspension of pupils, including (i) authorizing a teacher to suspend a pupil from a classroom, (ii) authorizing a principal, a teacher acting as a principal and the superintendent of schools to suspend a pupil from school, (iii) providing for the circumstances under which pupils may be suspended, the periods of suspension that may be imposed, and for any other matter related to suspensions; (e) governing the operation of technical, vocational, summer, distance learning, international and other schools and designating the qualifications of persons to be admitted as pupils therein, and the fees and charges, if any, to be paid by the pupils; (f) prescribing the grants or support that shall be payable or provided for the purposes of public schools out of moneys authorized by an Act of the Legislature to be paid and applied for education grants as set out in the annual estimates of the province; (g) respecting distance learning courses offered by the department; (h) respecting qualifications of teachers (i) who may be employed in teacher education institutions operated by the department, public and summer schools and any other schools established pursuant to this Act, or (ii) who may be eligible for appointment as principals of elementary or secondary schools or any position involving educational administration or supervision; (h.1) subject to subsection (1.1), respecting the scheduling of non-instructional days for teachers by school divisions and school districts; (i) [repealed] S.M. 2023, c. 28, s. 5 ; (j) authorizing the granting, from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of the educational grants or support, of scholarships or bursaries or loans to persons specified in the regulations or to institutions to be used and applied for and on behalf of persons specified in the regulations; (k) stating the conditions, if any, under which scholarships or bursaries or loans may be subject; (l) respecting the form and contents of any agreements to be entered into by the recipient of a scholarship or bursary or loan; (m) prescribing fees to be paid and the time or manner in which they shall be paid for services rendered by the minister or department or in respect of which, in the opinion of the minister, a fee should be charged; (n) [repealed] S.M. 2021, c. 61, s. 76 ; (o) prescribing the records to be maintained by a school board; (o.1) respecting the framework of a school board's anaphylaxis policy, and requirements to be contained in it; (p) respecting steps to be taken and things to be done with respect to schools in the event of emergencies; (p.1) respecting the establishment of a committee at each school to advise the principal in developing policies and practices respecting a code of conduct and emergency response plan for the school, and respecting the composition of those committees; (p.2) respecting the conduct of pupils in schools, including requirements to be contained in a school's code of conduct and emergency response plan in addition to those mentioned in section 47.1 of The Public Schools Act ; (p.3) respecting any other matter related to furthering positive and safe school environments; (q) for the purposes of licensing and regulating academic distance learning schools operating in the province; (r) prescribing the standard to be attained by pupils on entering or leaving any grade or level in any public school or independent school; (r.1) prescribing methods and procedures for the assessment and evaluation of any aspect of pupil achievement; (r.2) prescribing methods and procedures for the assessment of the effectiveness of courses of study and programs; (r.3) respecting information that school boards are required to provide to the minister, the times and form and manner in which it is to be provided; (r.4) respecting information concerning pupil achievement that school boards are required to release to the public, and procedures governing the release of the information; (r.5) respecting the matters which must be included in annual school plans; (r.6) for the purposes of subsection 41(12) of The Public Schools Act , the matters which must be included in an auditor's supplementary report; (r.7) prescribing a class or classes of persons for the purpose of subclause 3(1)⁠(n)⁠(v); (r.8) prescribing persons, entities or government departments or agencies for the purpose of clause 3.2(2)⁠(e); (r.9) prescribing standards for the form and content of reporting by schools to parents or legal guardians on their child's progress and achievements; (s) [repealed] S.M. 2004, c. 42, s. 23 ; (t) respecting the certification of clinicians; (u) prescribing the qualifications required by persons to be certified as clinicians; (v) establishing classes of clinicians; (v.1) respecting the disposal of land or a building, including a school site, that a school board owns or in which it has an interest or right, including regulations (i) prescribing the process to be followed by the school board in disposing of it, and (ii) requiring that priority be given to prescribed persons or organizations who might wish to acquire it; (w) respecting such other matters ancillary to the certification of clinicians as the minister may deem necessary; (x) generally respecting all matters having to do with education. Consultations re proposed competency regulations 4(1.0.1) The minister must consult with, and seek advice and recommendations from, representatives of teachers, employers of teachers, teachers, and any other persons the minister considers appropriate in respect of each proposed regulation under clause (1)⁠(c.1). In-services to be held on general election days 4(1.1) The regulation under clause (1)⁠(h.1) must provide for the scheduling of a non-instructional day on the election day of a fixed date election, as defined in The Elections Act . Effect of certification of clinicians 4(2) A person certified as a clinician is deemed to be a teacher for all purposes of this Act, The Public Schools Act , The Teachers' Pensions Act , and The Manitoba Teachers' Society Act , but does not have the right or obligation to teach pupils in a classroom. Retroactive regulations 4(3) A regulation made under this Act or The Public Schools Act respecting grants or support payable or to be provided may be made effective retroactively; but in no case shall it be retroactive to a date prior to January 1 in the year immediately preceding the year in which the regulation is made. S.M. 1989-90, c. 50, s. 3 ; S.M. 1991-92, c. 19, s. 4 ; S.M. 1995, c. 9, s. 2 ; S.M. 1996, c. 39, s. 3 ; S.M. 2004, c. 15, s. 20 ; S.M. 2004, c. 24, s. 2 ; S.M. 2004, c. 42, s. 23 ; S.M. 2008, c. 46, s. 2 ; S.M. 2010, c. 27, Sch. C, s. 4 ; S.M. 2010, c. 33, s. 14 ; S.M. 2011, c. 3, s. 21 ; S.M. 2013, c. 31, s. 2 ; S.M. 2013, c. 39, Sch. A, s. 47 ; S.M. 2015, c. 43, s. 12 ; S.M. 2016, c. 4, s. 25 ; S.M. 2017, c. 35, s. 59 ; S.M. 2021, c. 4, s. 28 ; S.M. 2021, c. 61, s. 76 ; S.M. 2023, c. 10, s. 13 ; S.M. 2023, c. 28, s. 5 ; S.M. 2026, c. 31, s. 7 . Recognition of MAPC 4.1(1) For school divisions and school districts other than the francophone school division, the Manitoba Association of Parent Councils, Inc. ("MAPC") is recognized as the representative of school-based parent groups, including parent advisory councils and parent councils. 4.1(2) [Repealed] S.M. 2019, c. 11, s. 7 . S.M. 2013, c. 31, s. 3 ; S.M. 2019, c. 11, s. 7 . Minister may refer matter to MAPC 4.2 The minister may refer to MAPC a matter relating to parent involvement in schools. MAPC is to consider the matter and report to the minister its findings or recommendations. S.M. 2013, c. 31, s. 3 . First Nations, Inuit and Métis education policy framework 4.3(1) The minister must establish a First Nations, Inuit and Métis education policy framework to support the educational success of First Nations, Inuit and Métis pupils. Timing and updates 4.3(2) The policy framework must be established before the beginning of the 2027 school year and must be updated before the beginning of every fifth school year after that. Content 4.3(3) The policy framework must (a) provide for the education of all pupils about truth and reconciliation, treaties, colonial history, the ongoing impacts of colonization and the contributions of First Nations, Inuit and Métis; and (b) set out (i) the activities that the minister intends to undertake in the applicable five-year period to further the purpose of the policy framework, (ii) the criteria for ensuring that the curriculum reflects the perspectives and worldviews of First Nations, Inuit and Métis, (iii) the measures to be implemented to support the professional development of teachers and others who participate in classroom activities, and (iv) the process for monitoring and reporting on the implementation of the policy framework. Consultation 4.3(4) In preparing the policy framework or an update to it, the minister must consult with First Nations, Inuit and Métis people and organizations. Framework publicly available 4.3(5) The minister must make the policy framework available to the public by publishing it on a government website and by any other means the minister considers advisable. S.M. 2025, c. 18, s. 7 . 5 [Repealed] S.M. 2017, c. 11, s. 51 ; S.M. 2023, c. 28, s. 6 . Director of certification 6(1) A director of certification is to be appointed in accordance with Part 3 of The Public Service Act . Powers and duties 6(2) The director of certification has the powers conferred and the duties imposed by this Act and the regulations. Director may delegate 6(3) The director of certification may delegate to one or more employees of the department the director's powers or duties under this Act. S.M. 1991-92, c. 19, s. 5 ; S.M. 2023, c. 28, s. 7 . Issuing a teaching certificate 6.1(1) The director of certification may issue a teaching certificate to an applicant who (a) applies in writing in the form required by the director; (b) meets the requirements for certification established by regulation; and (c) pays the fees prescribed by regulation. Refusal to issue 6.1(2) The director of certification must not issue or renew a teaching certificate if the director determines that the past conduct or actions of the applicant afford grounds for believing that the applicant will not carry out the responsibilities of a teacher in accordance with the law, including this Act, The Public Schools Act and the regulations under those Acts. S.M. 2023, c. 28, s. 7 . Limited teaching permits 7(1) The minister may grant to any person a limited teaching permit, in which the minister shall name the subject or subjects and the grade or grades or the level or levels, and the school to which the permit applies and state the period during which the permit is valid. Cancellation 7(2) The minister may, in the minister's absolute discretion, cancel any limited teaching permit before the end of the period stated therein. Minister may evaluate school systems 8(1) The minister may establish procedures for evaluating education in, or any other aspect of the operation of public and independent schools and, at the minister's discretion, conduct or cause the evaluation to be conducted. Delegation of authority by minister 8(2) The minister may delegate any or all of the minister's powers and responsibilities under subsection (1) to a committee appointed by the minister or to any one or more members of the department or to any other person. S.M. 1996, c. 39, s. 4 ; S.M. 2021, c. 4, s. 28 . CONSTRUCTION BY MINISTER Construction by minister 8.0.1(1) The minister may construct the following: (a) a school in a school division or school district; (b) a child care facility in a school division or school district; (c) an upgrade, including a renovation, addition or expansion, to (i) a school, or (ii) a child care facility located in a school, on a school site or on land adjacent to a school site. Land on which construction may be carried out 8.0.1(2) The construction of a school or child care facility must be carried out only on land that the minister selects as appropriate and that is (a) owned by a school board, or acquired for that purpose by the school board in accordance with section 62 of The Public Schools Act ; or (b) acquired for that purpose by the government. Further requirement for child care facility 8.0.1(3) A child care facility constructed under this section must be constructed in a school, on a school site or on land adjacent to a school site. Use and occupation 8.0.1(4) The minister has exclusive use and occupation of (a) the land the minister selects to construct a school or child care facility; or (b) in the case of an upgrade to a school or child care facility, the portion of the school or child care facility and the portion of the land on which the school or child care facility is located that the minister determines to be reasonably necessary to carry out the upgrade safely and efficiently. Coordination with school board 8.0.1(5) Before beginning an upgrade to a school or child care facility, the minister must seek the school board's input on coordinating the upgrade to minimize any disruption to the school board's operations. Meaning of land adjacent to school site 8.0.1(6) For certainty, in this section and section 8.0.2, land adjacent to a school site includes land that does not abut the school site but is separated from it by one or more of the following: (a) a public road allowance; (b) a railway right-of-way; (c) a right-of-way for a transmission or distribution line of a power, telecommunications or gas utility; (d) a municipal road or highway; (e) a private road or driveway. S.M. 2025, c. 48, s. 46 ; S.M. 2026, c. 44, s. 47 . Responsibilities of minister 8.0.2(1) The minister is responsible for the design, construction and financing of a school, child care facility or upgrade constructed under section 8.0.1 and, for that purpose, may (a) construct other improvements associated with the school, child care facility or upgrade; and (b) carry out any pre-construction or post-construction work that is reasonably necessary. Child care space must be provided 8.0.2(2) A school constructed by the minister must include space in the school for a child care facility, unless the minister has arranged for a child care facility to be constructed on the school site on which the school is located or on land adjacent to the school site. Powers of the minister 8.0.2(3) The minister may exercise the powers and perform the duties of the minister responsible for the administration of The Public Works Act in respect of a school, child care facility or upgrade, and associated improvements, constructed under this section. The school, facility, upgrade and associated improvements are not considered to be a public work within the meaning of that Act. Assistance 8.0.2(4) For certainty, the minister may, with the agreement of the minister responsible for the administration of The Public Works Act , use the services of the employees of the responsible minister's department to carry out the minister's powers and duties under section 8.0.1 and this section. S.M. 2025, c. 48, s. 46 ; S.M. 2026, c. 44, s. 47 . Assumption of ownership by school board 8.0.3(1) On a day determined by the minister, (a) in the case of a school or child care facility constructed on land owned by the school board, the school board must assume ownership of the school or facility, and any associated improvements constructed on the land, from the government; (b) in the case of a school or child care facility constructed on land acquired by the government for that purpose, the school board must assume ownership of the land — including all buildings or improvements — from the government; and (c) in the case of an upgrade to a school or child care facility, the minister ceases to have exclusive use and occupation of the portion of the school or child care facility and of the land on which it is located. School board responsible for school and associated debt 8.0.3(2) On the day determined under subsection (1), (a) the land on which the school is constructed is deemed to be a school site; (b) the school is deemed to be a school building within the meaning of The Public Schools Act ; (c) the following costs, as determined by the minister, are a debt of the school board owing to the government: (i) the costs of any land acquired by the government for the purpose, (ii) the costs of constructing the school, child care facility or upgrade, (iii) the costs of any associated improvements; and (d) subject to subsection (4), the minister ceases to have any right over the land on which the school, child care facility, upgrade and associated improvements are located. Assignment of rights and interests 8.0.3(3) On or after the day determined under subsection (1), the minister may, on terms and conditions acceptable to the minister, assign to the school board any rights, obligations, contracts or other interests related to the land and buildings or associated improvements on the land, and every such assignment is valid without the consent of the school board or any other party. Use of child care facility 8.0.3(4) A school board must not use a child care facility constructed by the minister under section 8.0.1, or a child care space included in a school under subsection 8.0.2(2), for a purpose other than providing child care unless the minister approves that purpose. S.M. 2025, c. 48, s. 46 ; S.M. 2026, c. 44, s. 47 . Use of school or child care facility 8.0.4(1) Before the day determined under subsection 8.0.3(1), a school board may, for not more than 24 months and on terms and conditions determined by the minister, use and occupy the school or child care facility for its intended purpose. Effect of use and occupancy 8.0.4(2) To the extent that it does not interfere with the minister's ability to complete construction, as determined by the minister, the school board must carry out the responsibilities of a school board in respect of school buildings and school sites under The Public Schools Act as if the school or child care facility were owned by the school board. S.M. 2026, c. 44, s. 47 . PART 3 TEACHER DISCIPLINE DEFINITIONS Definitions 8.1 The following definitions apply in this Part. "commissioner" means the commissioner appointed under section 8.2. (« commissaire ») "complaint" means a complaint made under section 8.9. (« plainte ») "court" means the Court of King's Bench. (« tribunal ») "employer" means a person who employs a teacher to provide (a) a program that forms part of the curriculum provided by (i) a public school, or (ii) an independent school that receives funding under subsection 60(5) of The Public Schools Act ; or (b) a program that meets the credit and course requirements established by the minister under The Public Schools Act leading to the granting of a high school diploma or a certificate of completion. (« employeur ») "investigated teacher" means a teacher about whom a complaint or report is made, and includes a teacher about whom the commissioner has initiated an investigation. (« enseignant concerné ») "panel" means a panel established under section 8.24. (« comité ») "professional misconduct" of a teacher means conduct that makes them unsuitable to be a teacher, including, but not limited to, the following: (a) any act concerning a pupil or other child under the teacher's care or supervision that involves (i) sexual abuse or sexual exploitation of the pupil or child, (ii) sexual misconduct concerning the pupil or child, (iii) physical harm to the pupil or child, or (iv) significant emotional harm to the pupil or child; (b) any act prohibited under section 163.1 of the Criminal Code (Canada) (child sexual abuse and exploitation material); (c) conduct that is prescribed by regulation to constitute professional misconduct. (« inconduite professionnelle ») "registry" means the registry of teachers established under section 8.38. (« registre ») "report" means a report about a teacher made under section 8.10. (« signalement ») "teacher" means a teacher who holds a teaching certificate under this Act, and includes a teacher whose certificate has been suspended. (« enseignant ») S.M. 2023, c. 28, s. 8 ; S.M. 2026, c. 37, s. 23 . COMMISSIONER AND HEARING PANEL ROSTER Commissioner 8.2(1) On the recommendation of the minister, the Lieutenant Governor in Council may appoint a commissioner. Term 8.2(2) The commissioner's term of office is up to five years, and a commissioner may be re-appointed. Vacancy or absence 8.2(3) If the office of the commissioner is vacant or the commissioner is temporarily absent because of illness or another reason, the minister may designate an acting commissioner to exercise the powers and perform the duties of the commissioner. Powers and duties 8.2(4) The commissioner has the powers conferred and the duties imposed on the commissioner by this Act and the regulations. S.M. 2023, c. 28, s. 8 . Commissioner may delegate 8.3(1) The commissioner may delegate to one or more employees of the department the commissioner's powers or duties under this Act, except the power to (a) make or accept a proposal for a consent resolution agreement under section 8.20; or (b) refer a matter for a hearing under section 8.23. Writing 8.3(2) A delegation must be in writing and may include terms or conditions. S.M. 2023, c. 28, s. 8 . Annual report 8.4(1) Within three months after the end of the government's fiscal year, the commissioner must submit an annual report to the minister on the activities of the commissioner and of the panels, and on any other matters the commissioner considers should be included or that the minister directs be included. Report to be made public 8.4(2) The minister must make the annual report public within 45 days after receiving it. S.M. 2023, c. 28, s. 8 . Staff 8.5 The commissioner's staff are employees of the department. S.M. 2023, c. 28, s. 8 . Commissioner's rules of practice and procedure 8.6(1) In accordance with the regulations, the commissioner may make rules respecting practice and procedure in relation to (a) the just and timely resolution of a matter raised in a complaint or report; (b) investigations initiated by the commissioner under subsection 8.14(2); and (c) hearings before a panel. Rules publicly available 8.6(2) The commissioner must make the rules available to the public. S.M. 2023, c. 28, s. 8 . Final and binding decisions 8.7(1) Decisions of the commissioner and of a panel are final and binding, subject to the right to appeal in section 8.35. Exception 8.7(2) However, the commissioner may, within 30 days after a decision by the commissioner or a panel, amend a final decision to (a) correct a typographical, an arithmetical or other similar error in the decision; and (b) correct an obvious error or omission in the decision. S.M. 2023, c. 28, s. 8 . Roster of hearing panel members 8.8(1) The minister must appoint a roster of persons who may act as members of hearing panels. Composition of roster 8.8(2) The roster is to be composed of the following: (a) four teachers, three of whom have been nominated by The Manitoba Teachers' Society and one of whom is a teacher in an independent school; (b) four persons nominated by The Manitoba School Boards Association; (c) four public representatives who are not and have never been teachers. Term and appointment 8.8(3) A person may be appointed to the roster for a term fixed by the minister, and may be re-appointed. Remuneration and expenses 8.8(4) A person on the roster is to be paid the remuneration set by the minister and reasonable expenses incurred in performing duties under this Act. S.M. 2023, c. 28, s. 8 . COMPLAINTS AND REPORTS ABOUT TEACHERS Complaints 8.9 Any person may make a written complaint to the commissioner that alleges (a) professional misconduct by a teacher; or (b) that a teacher has been or is incompetent to carry out the professional responsibilities of a teacher. S.M. 2023, c. 28, s. 8 . Report by teacher's employer 8.10(1) An employer must report the following to the commissioner without delay if a teacher they employ (a) has been charged with or convicted of an offence under the Criminal Code (Canada) relating to the physical or sexual abuse of children, where the employer has knowledge of the matter; (b) has been suspended, dismissed or otherwise disciplined for professional misconduct or incompetence; or (c) has resigned in circumstances where a report of the resignation is in the public interest. Content of report 8.10(2) A report must be in writing and set out (a) the reasons for disciplinary action reported under clause (1)⁠(b); or (b) the circumstances of a resignation reported under clause (1)⁠(c). Copy to the teacher 8.10(3) The employer must give a copy of the report to the teacher who is the subject of it. Teacher's self-report of charge or conviction 8.10(4) A teacher must report to the commissioner without delay if they have been charged or convicted of an offence relating to the sexual or physical abuse of a child. S.M. 2023, c. 28, s. 8 . PRELIMINARY REVIEW AND INVESTIGATION Preliminary review of complaint or report 8.11 On receiving a complaint or report, the commissioner must acknowledge receipt and conduct a preliminary review of the matters raised. S.M. 2023, c. 28, s. 8 . Decision not to take further action 8.12(1) The commissioner may decide not to take further action on one or more of the matters raised in a complaint or report if the commissioner determines that any of the following apply: (a) the matter is not within the jurisdiction of the commissioner or a panel; (b) the matter is frivolous, vexatious or trivial or gives rise to an abuse of process; (c) the complaint or report was made in bad faith or filed for an improper purpose or motive; (d) there is no reasonable prospect the complaint or report will result in an adverse finding by a panel; (e) it is not in the public interest to take further action; (f) the matter has not been pursued in a timely manner. Reasons 8.12(2) If the commissioner decides not to take further action, the commissioner must give written reasons to the investigated teacher and the person who made the complaint or report. Summary for the public 8.12(3) If the commissioner determines that it is in the public interest, the commissioner may make public a summary of the decision not to take further action under this section, excluding all identifying information. S.M. 2023, c. 28, s. 8 . Deferral 8.13 After a preliminary review, the commissioner may defer taking further action on a matter raised in a complaint or report if (a) the commissioner considers that the matter is more appropriately addressed in another process; and (b) the commissioner determines that it is in the public interest that the other process is concluded before taking further action. S.M. 2023, c. 28, s. 8 . Investigation 8.14(1) The commissioner must investigate a complaint or report unless the commissioner (a) decides not to take further action under section 8.12; or (b) decides that no investigation is required before making or accepting a proposal for a consent resolution agreement under section 8.20 or before referring the matter for a hearing under section 8.23. Commissioner may initiate 8.14(2) The commissioner may also investigate, on the commissioner's own initiative if it is in the public interest, (a) the conduct of a teacher; or (b) the competency of a teacher to carry out the teacher's professional responsibilities. Notice 8.14(3) The commissioner must give notice to the following persons, as applicable, of an investigation: (a) the investigated teacher; (b) the person who made the complaint or report; (c) the teacher's employer. Considerations 8.14(4) In investigating a matter, the commissioner may consider any of the following in relation to the investigated teacher: (a) previous decisions not to take further action after a preliminary review under section 8.12; (b) previous investigations under this section; (c) previous consent resolution agreements under section 8.20; (d) previous findings under subsection 8.29(1) or orders under section 8.30; (e) disciplinary action taken under this Act before the coming into force of this section. S.M. 2023, c. 28, s. 8 . Power to compel witnesses and require disclosure 8.15(1) During an investigation under section 8.14, the commissioner may require a person (a) to give evidence, on oath or affirmation or in any other manner, that is relevant to a matter being investigated; or (b) to produce a document or other thing in the person's possession or control that is relevant to a matter being investigated. Court order 8.15(2) The commissioner may apply to the court for an order directing a person to comply with the commissioner's requirement. S.M. 2023, c. 28, s. 8 . Additional investigation powers 8.16 For the purpose of an investigation under section 8.14, the commissioner may (a) enter the premises of an employer or any other premises where records of the employer may be kept; (b) inspect any record of an employer; or (c) interview the investigated teacher, the person who made the complaint or report, any employee of an employer, or any other person the commissioner considers may have relevant information. S.M. 2023, c. 28, s. 8 . Suspension of teaching certificate before hearing 8.17(1) At any time after the commissioner receives a complaint or report or initiates an investigation, and while the outcome of proceedings under this Act is pending, the commissioner may order the director of certification to suspend the teaching certificate of the investigated teacher until the matter is resolved. Criteria 8.17(2) The commissioner may act under subsection (1) only if the commissioner considers it necessary to protect pupils from exposure to harm. Varying a suspension 8.17(3) The commissioner may vary or rescind a suspension made under this section on the commissioner's own initiative or on the written request of the suspended teacher. Notice 8.17(4) The commissioner must give notice to the suspended teacher and their employer of any suspension, variation or recession made under this section, along with reasons. S.M. 2023, c. 28, s. 8 . Actions of commissioner 8.18 After completing an investigation under section 8.14, the commissioner must do one or more of the following: (a) make a decision under section 8.19 not to take further action; (b) make or accept a proposal for a consent resolution agreement under section 8.20; (c) refer the matter, in whole or in part, for a hearing under section 8.23. S.M. 2023, c. 28, s. 8 . Decision not to take further action 8.19(1) At the conclusion of an investigation, the commissioner may decide not to take further action on one or more of the matters related to the investigation if the commissioner determines that any of the following apply: (a) the matter is not within the jurisdiction of the commissioner or a panel; (b) the matter is frivolous, vexatious or trivial or gives rise to an abuse of process; (c) the complaint or report that led to the investigation was made in bad faith or filed for an improper purpose or motive; (d) there is no reasonable prospect the complaint or report or a matter relating to the investigation will result in an adverse finding by a panel; (e) it is not in the public interest to take further action; (f) the matter has not been pursued in a timely manner. Reasons 8.19(2) If the commissioner decides not to take further action, the commissioner must give written reasons to the following persons, as applicable: (a) the investigated teacher; (b) the person who made the complaint or report; (c) the teacher's employer. Summary for the public 8.19(3) If the commissioner determines that it is in the public interest, the commissioner may make public a summary of the decision not to take further action under this section, excluding all identifying information. S.M. 2023, c. 28, s. 8 . CONSENT RESOLUTION Consent resolution agreement 8.20(1) At any time before a hearing is commenced under section 8.25, the commissioner may (a) propose in writing to the investigated teacher that they enter into a consent resolution agreement; or (b) accept a proposal in writing from the teacher for such an agreement.

Considerations 8.20(2) In determining whether to make or accept a proposal, the commissioner may consider the matters referred to in subsection 8.14(4). Content of agreement 8.20(3) A consent resolution agreement must contain (a) the terms set out in the commissioner's proposal, or the terms set out in the proposal made by the investigated teacher if acceptable to the commissioner; (b) an admission by the teacher as to one or more of the matters raised in the complaint or report or related to the investigation; and (c) one or more of the consequences about which a panel may make an order under section 8.30. Effect 8.20(4) A consent resolution agreement entered into under this section has the same effect as an order made under section 8.30. No further action 8.20(5) After a consent resolution agreement is entered into, no further action may be taken under this section or section 8.23 (referral for a hearing) on the matters contained in the agreement, unless the investigated teacher fails to comply with one or more terms of the agreement. If no agreement 8.20(6) If the commissioner and the investigated teacher do not enter into a consent resolution agreement, a panel must not consider any admission made or information provided in relation to a proposal for an agreement (apart from the information collected in an investigation separate from the proposal for an agreement) in making a finding under subsection 8.29(1) or an order under section 8.30. Limit on disclosure 8.20(7) In a proceeding, other than a criminal proceeding, unless agreed to by the commission and the investigated teacher, a person must not disclose or be compelled to disclose a document or other record created specifically for the purpose of entering into a consent resolution agreement. Copies 8.20(8) The commissioner must give a copy of the consent resolution agreement to the person who made the complaint or report, unless the commissioner gives a direction to the director of certification under clause 8.21(2)⁠(a) or decides not to make the agreement public under clause 8.21(2)⁠(b). S.M. 2023, c. 28, s. 8 . Publication of consent resolution agreement 8.21(1) Subject to subsection (2), the director of certification must make a consent resolution agreement entered into under section 8.20 public, and may do so by posting a notice on a government website. Exception 8.21(2) If the commissioner considers that making a consent resolution agreement public would cause significant hardship to a person who was harmed, abused or exploited by the investigated teacher, the commissioner may (a) direct the director of certification to make public a summary of the agreement, excluding all identifying information; or (b) decide not to make the agreement public. S.M. 2023, c. 28, s. 8 . Notice of decision 8.22(1) If, as a term of a consent resolution agreement, a teaching certificate is suspended or cancelled or limitations or conditions are placed on the certificate, the director of certification must (a) notify all employers of teachers; and (b) post the information on the registry. Exception 8.22(2) Despite subsection (1), information provided to employers or posted on the registry must not include any information that has not been made public under section 8.21. S.M. 2023, c. 28, s. 8 . DISCIPLINARY HEARING Referral after preliminary review 8.23(1) After a preliminary review under section 8.11, the commissioner may refer the matter for a hearing by a panel. Referral after investigation 8.23(2) After an investigation under section 8.14, the commissioner must refer the matter for a hearing by a panel, unless the commissioner decides not to take further action under section 8.19 or to make or accept a proposal for a consent resolution agreement under section 8.20. Contents 8.23(3) A referral must include a description of the matters to be considered by a panel and a statement of the material facts on which the referral is based. Notice and other details 8.23(4) On making a referral, the commissioner must do the following: 1. Establish a panel in accordance with section 8.24. 2. Determine whether the hearing will be oral or by written submissions. 3. For an oral hearing, set the time and place of the hearing; for a hearing by way of written submissions, set time lines for submissions. 4. Give written notice of the hearing, in accordance with the regulations, to the investigated teacher and the person who made the complaint or report, of the time and place of an oral hearing or, for a hearing that is not oral, of the time lines for submissions. Additional orders 8.23(5) The commissioner may make any other orders, in accordance with the commissioner's rules of practice and procedure, that the commissioner considers necessary to facilitate the just and timely resolution of one or more matters relating to the referral. Amending a referral 8.23(6) Before a hearing ends, the commissioner may amend a referral if the commissioner receives new information relevant to the referral. In that case, notice of the amendment must be given to the investigated teacher and the person who made the complaint or report. S.M. 2023, c. 28, s. 8 . Panel established for hearing 8.24(1) When a referral is made, the commissioner must establish a panel consisting of three members selected from the roster established under section 8.8. Panel members 8.24(2) One member of the panel must be a teacher, one must be a person nominated by The Manitoba School Boards Association and one must be a public representative. Chair 8.24(3) The public representative is the chair of the panel. Quorum 8.24(4) A quorum for a panel is the three members referred to in subsection (2). S.M. 2023, c. 28, s. 8 . Conduct of hearing 8.25(1) A panel must conduct a hearing in accordance with the commissioner's rules of practice and procedure. Rules 8.25(2) If a panel considers it necessary and appropriate to facilitate the just and timely resolution of one or more matters before it, the panel may, despite subsection (1), (a) make determinations about the application of the commissioner's rules of practice and procedure and may vary the rules; and (b) request the commissioner to schedule an oral hearing. Right to appear and be represented 8.25(3) The commissioner and the investigated teacher may appear and be represented by counsel or an agent at the hearing, and the panel may have counsel to assist it. S.M. 2023, c. 28, s. 8 . Power to compel witnesses and order disclosure 8.26(1) At any time before or during a hearing, a panel may make an order requiring a person to (a) attend a hearing to give evidence, on oath or affirmation or in any other manner, that is relevant to a matter before the panel; or (b) produce for the panel a document or other thing in the person's possession or control that is relevant to a matter before the panel. Court order 8.26(2) The commissioner may apply to the court for an order directing a person to comply with an order made under subsection (1). S.M. 2023, c. 28, s. 8 . Hearing open to public 8.27(1) An oral hearing of a panel must be open to the public. Exception 8.27(2) Despite subsection (1) and subject to the regulations, the panel may direct that the public is excluded from all or part of a hearing if it considers that (a) intimate personal matters may be disclosed during the hearing; and (b) the desirability of avoiding disclosure of the intimate personal matters outweighs the desirability of adhering to the principle that hearings be open to the public. S.M. 2023, c. 28, s. 8 . Failure to attend 8.28 If the investigated teacher fails to attend a hearing, on proof that notice of the hearing was given to the teacher in accordance with subsection 8.23(4), the panel may proceed with the hearing and may take any action it is authorized to take under this Act and make any order that the panel could have made in the presence of the teacher. S.M. 2023, c. 28, s. 8 . FINDINGS AND ORDERS Findings after hearing 8.29(1) After a hearing, a panel may make any of the following findings: (a) dismiss the referral; (b) determine that the investigated teacher has been or is guilty of professional misconduct; (c) determine that the investigated teacher has been or is incompetent to carry out the professional responsibilities of a teacher; (d) determine that the investigated teacher does not have the capacity to carry out the professional responsibilities of a teacher because of a physical or mental disability; (e) make any other report to the commissioner that the panel considers appropriate. Considerations 8.29(2) In making a finding, the panel may consider any of the following in relation to the investigated teacher: (a) previous decisions not to take further action after a preliminary review under section 8.12; (b) previous investigations under section 8.14; (c) previous consent resolution agreements under section 8.20; (d) previous findings under this section or orders under section 8.30; (e) disciplinary action taken under this Act before the coming into force of this section. S.M. 2023, c. 28, s. 8 . Orders after hearing 8.30 If a panel makes a finding under clause 8.29(1)⁠(b), (c) or (d), it may make an order setting out one or more of the following: (a) a reprimand of the investigated teacher; (b) a requirement that the director of certification suspend the teaching certificate of the investigated teacher (i) for a fixed period, (ii) until the teacher has fulfilled conditions imposed by the panel, or (iii) until the teacher has satisfied the director of certification that the teacher is able to carry out the teacher's professional responsibilities; (c) a requirement that the director of certification cancel the teaching certificate of the investigated teacher; (d) a requirement that the director of certification cancel the teaching certificate of the investigated teacher unless the teacher has fulfilled conditions by a fixed date imposed by the panel; (e) a requirement that the director of certification not issue a teaching certificate to the investigated teacher for a fixed or indeterminate period; (f) a requirement that the director of certification place specified limitations and conditions on the investigated teacher's teaching certificate. S.M. 2023, c. 28, s. 8 . Power to award costs 8.31(1) The panel may make an order requiring the investigated teacher to pay all or part of the costs of a hearing if the panel considers the conduct of the investigated teacher to have been unreasonable, including by causing undue delay or taking steps that were improper or vexatious. Filing of order 8.31(2) An order under subsection (1) may be filed in the Court of King's Bench and may be enforced in the same manner as a judgment of the court. S.M. 2023, c. 28, s. 8 . Written decision 8.32(1) A panel must make a written decision on the matter, consisting of its findings, any order made by it and the reasons for the decision, and give it to (a) the investigated teacher; (b) subject to subsection (3), in the case of a complaint or report, the person who made the complaint or report; (c) the commissioner; and (d) the director of certification. Publication of decision 8.32(2) Subject to subsections (3) and (4), the director of certification must make the written decision public, and may do so by posting a notice on a government website. Exception 8.32(3) If the commissioner considers that making the written decision public would cause significant hardship to a person who was harmed, abused or exploited by the investigated teacher or is otherwise not in the public interest, the commissioner may (a) direct the director of certification to make public a summary of the decision, excluding all identifying information; or (b) decide not to make the decision public. If disability affects capacity to teach 8.32(4) If a finding has been made under clause 8.29(1)⁠(d), the commissioner, when making information available to the public under subsection (2), must not make available any personal health information (as defined in The Personal Health Information Act ) about the investigated teacher unless the commissioner is satisfied that the public interest in making the information available substantially outweighs the teacher's privacy interests. S.M. 2023, c. 28, s. 8 . Further orders preventing public disclosure 8.33 In situations in which the panel may make an order that the public be excluded from all or part of a hearing, the commissioner may make any orders the commissioner considers necessary to prevent the public disclosure of matters (including documents) disclosed at the hearing, including an order banning publication. S.M. 2023, c. 28, s. 8 . Notice of decision 8.34(1) If an order is made to suspend or cancel a teaching certificate or place limitations or conditions on a certificate, the director of certification must (a) notify all employers of teachers; and (b) post the information on the registry. Exception 8.34(2) Despite subsection (1), information provided to employers or posted on the registry must not include any information (a) that has not been made public under section 8.32; or (b) about which an order has been made under section 8.33 preventing public disclosure. S.M. 2023, c. 28, s. 8 . APPEAL Appeal to court 8.35(1) The investigated teacher or the commissioner may appeal a finding of the panel under subsection 8.29(1) or an order made under section 8.30 to the court. How to appeal 8.35(2) An appeal may be commenced by filing a notice of appeal within 30 days after the decision of the panel is given to the investigated teacher. If the investigated teacher appeals, the teacher must promptly give a copy of the notice to the commissioner. Powers of court on appeal 8.35(3) On hearing the appeal, the court may (a) dismiss the appeal; (b) make any finding or order that in its opinion ought to have been made; or (c) refer the matter back to a panel for further consideration in accordance with any direction of the court. Stay pending appeal 8.35(4) An order of the panel remains in effect despite an appeal unless the court, on application, stays the order pending the appeal. S.M. 2023, c. 28, s. 8 . CONFIDENTIALITY OF INFORMATION Confidentiality of information 8.36 The commissioner, a panel member and any person appointed or retained for the purpose of this Part must keep confidential all information that comes to their knowledge in the course of their responsibilities and must not disclose the information to any other person or entity unless (a) the information is available to the public or is authorized or required to be disclosed under this Part; (b) disclosure is necessary to administer or enforce this Act or the regulations; (c) disclosure is necessary to comply with an order made by a court or other person or body with jurisdiction to compel production of the information; or (d) the person the information is about consents to the disclosure. S.M. 2023, c. 28, s. 8 . REGULATIONS Regulations 8.37 The minister may make regulations (a) prescribing conduct for the purpose of the definition "professional misconduct" in section 8.1; (b) respecting the commissioner's rules of practice and procedure; (c) respecting the manner of giving notice of a hearing, decision or other matter under this Act; (d) respecting circumstances in which a hearing or part of a hearing should be closed to the public for the purpose of subsection 8.27(2); (e) prescribing time lines within which the commissioner or a hearing panel must act on a matter; (f) defining any word or expression used but not defined in this Part; (g) respecting any matter the minister considers necessary or advisable to carry out the purpose of this Part. S.M. 2023, c. 28, s. 8 . PART 4 TEACHER REGISTRY Teacher registry 8.38(1) The director of certification must establish and maintain an online registry of teachers for the purpose of providing the public with the information described in this section. Contents 8.38(2) The registry must include the following information about each teacher who holds a teaching certificate on or after the coming into force of this section: 1. The teacher's name and, subject to subsection (4), any previous name known to the director. 2. The date the teaching certificate was issued, its class and its current status. 3. A record of any suspension or cancellation of the teaching certificate or of any current limitations or conditions imposed on it. 4. Any other information that the regulations specify as information to be kept on the registry. 8.38(3) [Not yet proclaimed] Previous name 8.38(4) A teacher who does not wish to have a previous name included in the registry may ask the director of certification to exclude it. The director must then exclude the previous name unless satisfied that doing so is not in the public interest. Organization of registry 8.38(5) The registry may be organized in any manner the director of certification considers most accessible by the public, including by class of teaching certificate. S.M. 2023, c. 28, s. 8 . 9 [Repealed] S.M. 1996, c. 59, s. 89 ; S.M. 2001, c. 39, s. 31 ; S.M. 2015, c. 43, s. 12 ; S.M. 2021, c. 4, s. 28 ; S.M. 2021, c. 61, s. 77 . PART 5 GENERAL PROVISIONS 10 [Repealed] S.M. 2025, c. 47, s. 3 . 11 [Repealed] S.M. 1989-90, c. 50, s. 4 ; S.M. 1993, c. 48, s. 59 ; S.M. 2001, c. 43, s. 37 ; S.M. 2017, c. 11, s. 51 ; S.M. 2023, c. 28, s. 10 ; S.M. 2025, c. 47, s. 3 . 12 to 15 [Repealed] S.M. 2025, c. 47, s. 3 . 16 [Repealed] S.M. 1998, c. 45, s. 5 ; S.M. 2025, c. 47, s. 3 . 17 [Repealed] S.M. 2025, c. 47, s. 3 . 18 [Repealed] S.M. 2019, c. 11, s. 7 . Protection from liability 19(1) No action or proceeding may be brought against the minister or an employee or agent of the government for any act done in good faith in the performance or intended performance of a duty or the exercise or intended exercise of a power under this Act or The Public Schools Act or the regulations made under either Act, or for any neglect or default in the performance or exercise in good faith of such a duty or power. Protection from liability: teacher certification and classification 19(2) No action or proceeding for damages, retroactive remuneration or any other loss may be brought against the government, the minister, an employee or agent of the government, the commissioner or a member of a panel in respect of a determination as to a teacher's classification or certification made in good faith and without negligence under this Act or the regulations. S.M. 1997, c. 29, s. 3 ; S.M. 2023, c. 28, s. 11 .