REGULATION 2004-8 - EDUCATION ACT

NEW BRUNSWICK

REGULATION 2004-8

under the

(O.C. 2004-44)

Filed February 18, 2004

Regulation Outline

Citation............................................................................................................................................... 1

INTERPRETATION

Definitions.................................................................................................................................... 2

Act — Loi

approved — approuvé

credit hour — crédit

teacher's licence — brevet d'enseignement

FUNDAMENTAL REQUIREMENTS

Basic requirement.............................................................................................................................. 3

Language requirement....................................................................................................................... 4

Criminal record verification............................................................................................................. 5

Teaching credentials verification..................................................................................................... 6

Returning teacher............................................................................................................................... 7

TEACHERS' CERTIFICATES

Endorsements of teachers' certificates........................................................................................... 8

Teacher's certificate 4....................................................................................................................... 9

Teacher's certificate 5..................................................................................................................... 10

Teacher's certificate 6..................................................................................................................... 11

Interim teacher's certificate........................................................................................................... 12

Teacher's certificate after interim teacher's certificate............................................................... 13

Local teacher's permit..................................................................................................................... 14

PRINCIPALS' CERTIFICATES

Interim principal's certificate......................................................................................................... 15

Principal's certificate...................................................................................................................... 16

APPLICATION AND FEES

Application procedure..................................................................................................................... 17

Fees for certificates and permits................................................................................................... 18

Fees for copies of documents........................................................................................................ 19

APPEAL BOARD ON TEACHER CERTIFICATION

Notice............................................................................................................................................... 20

Composition of the Appeal Board................................................................................................. 21

Eligibility for appointment............................................................................................................. 22

Panels of the Appeal Board............................................................................................................ 23

Absence of the chair........................................................................................................................ 24

Initiation of appeal or review.......................................................................................................... 25

Hearings........................................................................................................................................... 26

Disclosure........................................................................................................................................ 27

Hearing procedure........................................................................................................................... 28

Decision of the Appeal Board........................................................................................................ 29

Notice of revocation or suspension for cause.............................................................................. 30

TEACHER EDUCATION COORDINATING COMMITTEES

Teacher education coordinating committees................................................................................ 31

MINISTER'S ADVISORY COMMITTEE ON TEACHER CERTIFICATION

Minister's Advisory Committee on Teacher Certification.......................................................... 32

TRANSITIONAL PROVISIONS

Transitional provisions............................................................................................................. 33, 34

REPEAL

Repeal........................................................................................................................................ 35, 36

Under section 57 of the Education Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1 This Regulation may be cited as the Teacher Certification Regulation - Education Act.

INTERPRETATION

Definitions

2 The following definitions apply in this Regulation.

"Act" means the Education Act. (Loi)

"approved" means approved by the Minister. (approuvé)

"credit hour" means the number of credits assigned to a course offered by a university or other institution. (crédit)

"teacher's licence" means an authorization to teach issued by the Minister before 1985. (brevet d'enseignement)

FUNDAMENTAL REQUIREMENTS

Basic requirement

3 The Minister may issue a teacher's certificate or an interim teacher's certificate to a Canadian citizen, a permanent resident of Canada or a person who provides evidence that the person is entitled under the laws of Canada to obtain employment in Canada as a teacher.

Language requirement

4 The Minister may require an applicant for a teacher's certificate or an interim teacher's certificate to demonstrate proficiency in the English language or the French language.

Criminal record verification

5 The Minister may require an applicant for a teacher's certificate or an interim teacher's certificate to submit a certified criminal record check from the Royal Canadian Mounted Police or the local police in the area in which the applicant resides.

Teaching credentials verification

6 The Minister may consider the suspension or revocation of a person's teaching credentials by the authorities of another jurisdiction if the person applies for a teacher's certificate or an interim teacher's certificate.

Returning teacher

7 The Minister may require a person who has been absent from teaching for a continuous period of 5 or more years to take approved courses before assuming a teaching position in a school established under section 2 of the Act.

TEACHERS' CERTIFICATES

Endorsements of teachers' certificates

8 Where a teacher's certificate is issued on the basis of a specified teacher education program the Minister may endorse a teacher's certificate to show the nature of the teacher education program completed.

Teacher's certificate 4

9 On or before October 31, 2007, the Minister may issue a teacher's certificate 4

(a) to the holder of an approved undergraduate degree in teacher education from the University of New Brunswick or l'Université de Moncton with 138 credit hours of which

(i) 18 credit hours or 18 weeks represent approved practice teaching, and

(ii) 30 credit hours represent courses in pedagogical training;

(b) to the holder of a teacher's licence who is a graduate of a 2-year program in teacher education who completes an approved undergraduate degree in teacher education from the University of New Brunswick or l'Université de Moncton with 90 credit hours;

(c) to the holder of a teacher's licence who completes an approved undergraduate degree, other than an undergraduate degree in teacher education, with 120 credit hours of which

(i) 30 credit hours are in 1 subject and 30 credit hours are in other subjects within the programs approved under paragraph 6(b) of the Act, or

(ii) 42 credit hours are in 1 or 2 subjects and 18 credit hours are in other subjects within the programs approved under paragraph 6(b) of the Act.

Teacher's certificate 5

10(1) The Minister may issue a teacher's certificate 5

(a) to the holder of a teacher's certificate 4 who completes an approved graduate degree in teacher education that includes

(i) a thesis and 18 credit hours,

(ii) a report and 30 credit hours, or

(iii) 36 credit hours;

(b) to the holder of a teacher's certificate 4 who completes 36 credit hours of an approved graduate degree in teacher education with 72 credit hours that includes,

(i) 6 credit hours in pedagogical training,

(ii) 12 credit hours in the applicant's area of undergraduate degree specialization and

(iii) 18 credit hours in 1 or 2 subjects within the programs approved under paragraph 6(b) of the Act;

(c) to the holder of a teacher's certificate 4 who completes a second undergraduate degree, other than an undergraduate degree in teacher education, with 36 credit hours in subjects within the programs approved under paragraph 6(b) of the Act;

(d) to the holder of a teacher's certificate 4 who completes a non-degree program with 36 credit hours, approved in advance, of which

(i) a maximum of 12 credit hours are university courses at the 1000 level or the equivalent in non-credit courses, and

(ii) a minimum of 18 credit hours are university courses at the 3000 level;

(e) to the holder of an approved undergraduate degree, other than an undergraduate degree in teacher education, that meets the requirements of paragraph 9(c), and an approved Bachelor of Education degree awarded by a university in the Province, totalling together 168 credit hours, if the Bachelor of Education degree includes

(i) 15 credit hours or 15 weeks of approved practice teaching, and

(ii) 45 credit hours of approved pedagogical training;

(f) subject to subsection (2), to the holder of an approved undergraduate degree, other than an undergraduate degree in teacher education, and an approved 10-month Bachelor of Education degree awarded by a university in the Province that includes

(i) 12 credit hours or 12 weeks of approved practice teaching, and

(ii) 30 credit hours of approved pedagogical training.

10(2) The Minister shall not issue a teacher's certificate 5 under paragraph (1)(f) after December 31, 2004.

Teacher's certificate 6

11(1) The following definitions apply in this section.

"major" means 30 credit hours in 1 subject within the programs approved under paragraph 6(b) of the Act. (majeure)

"minor" means 18 credit hours in 1 subject within the programs approved under paragraph 6(b) of the Act. (mineure)

11(2) The Minister may issue a teacher's certificate 6

(a) to the holder of a teacher's certificate 5 who completes an approved Master of Education degree with 36 credit hours of which 30 credit hours are at the 6000 level;

(b) to the holder of a teacher's certificate 5 who completes 30 approved credit hours at the 6000 level that, together with the credit hours from the applicant's undergraduate degree, lead to 1 additional major or 2 additional minors in subjects within the programs approved under paragraph 6(b) of the Act;

(c) to the holder of a teacher's certificate 5 who completes 30 approved credit hours at the 6000 level that, together with the credit hours from the applicant's undergraduate degree, lead to 1 additional minor in a subject within the programs approved under paragraph 6(b) of the Act and 9 credit hours in an area of concentration approved in advance by the Minister;

(d) to the holder of a teacher's certificate 5 with an approved graduate degree who completes 30 credit hours of approved undergraduate course work;

(e) to the holder of a teacher's certificate 4 who completes an approved graduate degree in teacher education with 72 credit hours that includes, in the first year,

(i) 6 credit hours in pedagogical training,

(ii) 12 credit hours in the applicant's area of undergraduate degree specialization, and

(iii) 18 credit hours in 1 or 2 subjects within the programs approved under paragraph 6(b) of the Act,

and in the second year,

(iv) a thesis and 18 credit hours,

(v) a report and 30 credit hours, or

(vi) 36 credit hours; or

(f) to the holder of a teacher's certificate 4 who completes a graduate degree, other than a graduate degree in teacher education, with 72 credit hours, that includes

(i) a thesis and 18 credit hours in 1 subject within the programs approved under paragraph 6(b) of the Act, or

(ii) a report and 30 credit hours in 1 subject within the programs approved under paragraph 6(b) of the Act.

Interim teacher's certificate

12(1) The holder of an interim teacher's certificate has the same responsibilities and privileges as the holder of a teacher's certificate.

12(2) An interim teacher's certificate is

(a) valid for 4 years from the date of issue, and

(b) subject to such conditions as the Minister may impose.

12(3) The Minister may issue an interim teacher's certificate 4

(a) to a person who

(i) holds an approved undergraduate degree, other than an undergraduate degree in teacher education, with 90 credit hours of which

(A) 30 credit hours are in 1 subject and 30 credit hours are in other subjects within the programs approved under paragraph 6(b) of the Act, or

(B) 42 credit hours are in 1 or 2 subjects and 18 credit hours are in other subjects within the programs approved under paragraph 6(b) of the Act,

(ii) has completed a teacher education program equivalent to that described in paragraph 10(1)(e) or (f), and

(iii) holds a valid teacher's certificate from another jurisdiction; or

(b) to a person who

(i) has specialized training, education or experience in such fields of study as specified by the Minister,

(ii) has fulfilled the entrance requirements for admission to an approved teacher education program, and

(iii) has completed such courses and training as are specified by the Minister.

12(4) The Minister may issue an interim teacher's certificate 5 to the holder of an undergraduate degree, other than an undergraduate degree in teacher education, as described in subparagraph (3)(a)(i), who

(a) has completed a program of teacher education equivalent to that described in section 10 for the purposes of issuing a teacher's certificate 5, and

(b) holds a valid teacher's certificate from another jurisdiction.

12(5) Repealed: 2004-94

12(6) The Minister may issue an interim teacher's certificate 6 to a person who meets the requirements of paragraph (3)(a) or subsection (4) and who holds the equivalent of the qualifications required for a teacher's certificate 6, as set out in section 11.

12(7) The Minister may issue an interim teacher's certificate 4, 5 or 6 to a person who does not meet the requirements of paragraph (3)(a) or subsection (4) or (6), but who has completed a program of teacher education outside the Province and is certified to teach by an authority with which the Province has a reciprocal agreement.

12(8) The Minister shall attach to an interim teacher's certificate a letter setting out any conditions as to courses or practice teaching that a person must fulfil in order to receive a teacher's certificate.

12(9) An interim teacher's certificate may be dated the first day of the school term in which the application is received or any subsequent approved date.

12(10) Notwithstanding subsection (9), no interim teacher's certificate shall be dated before the date on which the applicant completed the academic and professional requirements for the interim teacher's certificate.

12(11) The Minister may renew an interim teacher's certificate for a period of 4 years provided that the person has completed at least 1/2 the courses that the Minister stipulated as a condition of the original issue of the interim teacher's certificate.

12(12) The Minister may further renew an interim teacher's certificate for further periods provided that the person has completed all the courses that the Minister stipulated as a condition of the original issue of the interim teacher's certificate.

2004-94

Teacher's certificate after interim teacher's certificate

13(1) Subject to subsection (2), the Minister may issue a teacher's certificate to the holder of an interim teacher's certificate who

(a) has fulfilled any conditions stipulated in the letter attached to the interim teacher's certificate, and

(b) has taught the equivalent of twice the number of teaching days in a school year, in schools in the Province, as certified by a person designated by the Minister.

13(2) The Minister will credit a maximum of the equivalent of the number of teaching days in a school year of teaching as a short-term substitute teacher toward the requirement of paragraph (1)(b).

Local teacher's permit

14(1) If a school district has been unable to obtain the services of a person holding a teacher's certificate or interim teacher's certificate, after August 1 for the first school term and December 15 for the second school term, a person may apply for a local teacher's permit authorizing him or her to teach for 1 school term, or a portion thereof, in that school district.

14(2) The superintendent of the school district must certify in writing that the applicant possesses adequate knowledge to fulfil the duties of the position.

14(3) A local teacher's permit shall be classified for salary purposes in accordance with the amount of academic training completed by the applicant on the date of application.

14(4) A local teacher's permit shall be issued for a school term or a portion thereof and is not valid beyond that period unless extended by the Minister.

PRINCIPALS' CERTIFICATES

Interim principal's certificate

15 The Minister may issue an interim principal's certificate to the holder of a teacher's certificate 5 or 6 or interim teacher's certificate 5 or 6 who has at least 5 years of teaching experience, or equivalent approved training and experience, and who has completed the courses and training specified by the Minister.

Principal's certificate

16(1) Subject to subsection (2), the Minister may issue a principal's certificate to the holder of an interim principal's certificate who has successfully completed a practicum approved by the Minister.

16(2) A superintendent may recommend the Minister issue a principal's certificate to a holder of an interim principal's certificate in the superintendent's district if, in the superintendent's opinion, that person has successfully completed the practicum.

16(3) On or before July 1, 2008, the Minister may issue a principal's certificate to the holder of a teacher's certificate 5 or 6, who, before the coming into force of this Regulation, had commenced the credit hours for a principal's certificate as specified in section 9 of New Brunswick Regulation 84-192 under the Schools Act, following completion of the credit hours set out in that regulation.

APPLICATION AND FEES

Application procedure

17(1) A person shall apply in writing to the Minister for a certificate.

17(2) An application shall be supported by a certified transcript issued directly from the issuing institution to the Minister.

17(3) Where the Minister receives an application for a certificate, other than an interim teacher's certificate, between April 1 and October 31 of any year, the certificate issued shall be dated July 2 of that year.

17(4) Where the Minister receives an application for a certificate, other than an interim teacher's certificate, between November 1 and March 31 of any school year, the certificate issued shall be dated January 2 of that school year.

Fees for certificates and permits

18 The following fees shall be paid for the evaluation of documents submitted for a certificate:

(a) application for an initial teacher's certificate by a person who received their teacher education in New Brunswick, $35;

(b) application for an interim teacher's certificate, $60;

(d) application for an upgrade of a teacher's certificate or interim teacher's certificate, $35;

(e) application for an interim principal's certificate, $30;

(f) application for a principal's certificate for applicants proceeding under subsection 16(3), $30;

(g) application for a local teacher's permit, $20.

Fees for copies of documents

19 The fee for copies of the following documents is $15:

(a) a copy of a certificate,

(b) an official statement of qualifications to be sent directly to a provincial or state authority or to a university,

APPEAL BOARD ON TEACHER CERTIFICATION

Notice

20 Where the Minister intends to convert, suspend or revoke a teacher's certificate under subsection 30(4) of the Act, or to refer a matter to the Appeal Board under subsection 31(4) of the Act, the Minister shall, 30 days before taking such action,

(a) notify, by registered mail or personal service, the person in respect of whom such action is contemplated of the Minister's intention to take such action and of the person's right to respond with a written submission for the consideration of the Minister prior to such action being taken, and

(b) provide the person with the reasons for the contemplated action and copies of all relevant documents on which the Minister intends to rely in taking the contemplated action.

Composition of the Appeal Board

21(1) For the purposes of subsection 31(1) of the Act, the Lieutenant-Governor in Council shall appoint to the Appeal Board

(a) a chair,

(b) 2 vice-chairs each representing 1 of the official languages of New Brunswick,

(c) 3 persons from a list of no fewer than 5 persons submitted to the Minister by the New Brunswick Teachers' Association to represent anglophone teachers,

(d) 3 persons from a list of no fewer than 5 persons submitted to the Minister by l'Association des enseignantes et enseignants francophones du Nouveau-Brunswick to represent francophone teachers,

(e) 3 persons from the list of persons submitted under subsection (2) to represent the public, and

(f) 3 persons from the list of persons submitted under subsection (3) to represent the public.

21(2) The District Education Council for each school district organized in the English language shall, for the purposes of paragraph (1)(e), submit to the Minister the name of 1 member of the District Education Council.

21(3) The District Education Council for each school district organized in the French language shall, for the purposes of paragraph (1)(f), submit to the Minister the name of 1 member of the District Education Council.

21(4) Subject to subsections (5) and (6), the members of the Appeal Board shall be appointed for a term of 3 years from the date of appointment and are eligible for reappointment.

21(5) Where a person appointed to the Appeal Board under paragraph (1)(e) or (1)(f) ceases to be a member of a District Education Council, the appointment of that person to the Appeal Board is revoked.

21(6) Where a member of the Appeal Board ceases to be a member for any reason other than for cause, the person may, notwithstanding anything in this Regulation, carry out and complete any duties or responsibilities that the person would otherwise have had if the person had not ceased to be a member, in connection with any matter that came before the Board while the person was still a member of the Appeal Board and in respect of which there was any proceeding in which the person participated as a member.

Eligibility for appointment

22 Except for members appointed under paragraph 21(1)(c) or (d), school personnel and other employees of the Department of Education are not eligible to be appointed to the Appeal Board.

Panels of the Appeal Board

23(1) Where an appeal or review is to be conducted in the English language, a panel of the Appeal Board shall be convened to conduct the appeal or review on behalf of the Appeal Board and shall consist of

(a) the chair or, at the discretion of the chair, the vice-chair who represents the English language,

(b) 1 member, selected by the chair, from among the members appointed under paragraph 21(1)(c), and

23(2) Where an appeal or review is to be conducted in the French language, a panel of the Appeal Board shall be convened to conduct the appeal or review on behalf of the Appeal Board and shall consist of

(a) the chair or, at the discretion of the chair, the vice-chair who represents the French language,

(b) 1 member, selected by the chair, from among the members appointed under paragraph 21(1)(d), and

23(3) Where no chair has been appointed or the chair is unable for any reason to exercise his or her discretion under paragraph (1)(a), the vice-chair who represents the English language shall serve on the panel convened to hear the appeal.

23(4) Where no chair has been appointed or the chair is unable for any reason to exercise his or her discretion under paragraph (2)(a), the vice-chair who represents the French language shall serve on the panel convened to hear the appeal.

Absence of the chair

24(1) In the event of the absence of the chair or in the event of the chair's inability to act for any reason, a vice-chair may act for the chair at the chair's request and shall, when so acting, have all the powers and duties of the chair.

24(2) Where no chair has been appointed or the chair is unable for any reason to make a request under subsection (1),

(a) the vice-chair who represents the English language shall act for the chair where an appeal or review is to be conducted in the English language, and shall, when so acting, have all the powers and duties of the chair, and

(b) the vice-chair who represents the French language shall act for the chair where an appeal or review is to be conducted in the French language, and shall, when so acting, have all the powers and duties of the chair.

Initiation of appeal or review

25(1) A notice of an appeal under subsection 31(2) of the Act or a notice of a referral under subsection 31(4) of the Act shall be sent to the chair and shall include

(a) the name of the person in respect of whom the appeal or review is to be conducted, and

(b) the reasons for requesting the appeal or review.

25(2) A notice of an appeal under subsection 31(2) of the Act must be received by the chair within 30 days after the day on which the decision of the Minister under section 30 of the Act takes effect.

25(3) Where the chair is satisfied that there are reasonable grounds for an extension of the time limit set out in subsection (2) and that a hearing will not be unduly prejudiced by such extension, the chair may, either before or after the expiration of the time limit, extend for a further period of 30 days the time within which a notice of an appeal under subsection 31(2) of the Act must be received by the chair.

25(4) On receipt of a notice of an appeal within the time limit set out in subsection (2) or, where the time limit is extended under subsection (3), within the extended time limit, or on receipt of a notice of a referral, the chair shall

(a) convene a panel of the Appeal Board in accordance with section 26 in the official language of the person in respect of whom the appeal or review is to be conducted, and make the necessary arrangements to conduct the appeal or review, and

(b) notify the person in respect of whom the appeal or review is to be conducted and the Minister, by registered mail or personal service, at least 20 days before the appeal or review is to be conducted, of the date, time and place of the appeal or review.

25(5) If the person in respect of whom the appeal or review is to be conducted cannot be located or notified under paragraph (4)(b), the chair shall cause a notice to be published in a daily newspaper having provincial circulation stating that an appeal or review is to be conducted with respect to the issuance, conversion, suspension or revocation of the person's teacher's certificate, as the case may be.

25(6) Where a notice is published in accordance with subsection (5) and the person in respect of whom the appeal or review is to be conducted still cannot be located or notified under paragraph (4)(b), the panel of the Appeal Board may, after 30 days have passed since the last date of publication of the notice, conduct the appeal or review in the absence of the person.

Hearings

26(1) Subject to subsections (2) and (3), an appeal or review shall be conducted by means of a hearing, which shall be held in camera unless otherwise ordered by the chair.

26(2) A panel of the Appeal Board may adjourn a hearing or refuse to hold a hearing if, upon consideration, it becomes apparent that

(a) the matter being appealed or reviewed is outside the scope of the Act,

(b) a hearing would be premature given the circumstances of the case, or

26(3) The person in respect of whom the appeal or review is being conducted may, with the approval of the chair and the Minister, waive the right to have an in-person hearing and choose to have the matter heard or considered in an alternative manner.

Disclosure

27 At least 3 days before the hearing, each party to the appeal or review shall ensure that copies of all relevant documents on which they intend to rely at the hearing are provided to the chair of the Appeal Board and to each other.

Hearing procedure

28(1) The person in respect of whom the appeal or review is conducted and the Minister or a person designated by the Minister for this purpose have the right to attend and participate in the hearing, submit evidence, examine and cross-examine witnesses and be represented by counsel.

28 (2) The chair shall ensure that a record of the hearing is kept and that all material relevant to the hearing is maintained in a confidential file.

Decision of the Appeal Board

29(1) A decision of the majority of the members of the panel of the Appeal Board conducting the appeal or review is a decision of the Appeal Board.

29(2) The decision of the Appeal Board, with reasons, shall be in writing and shall be forwarded to the parties to the appeal or review within 30 days after the hearing.

29(3) Notwithstanding subsection (2), a decision of the Appeal Board that is not rendered or forwarded to the parties to the appeal or review within the period referred to in subsection (2) shall not be considered invalid for that reason.

Notification of revocation or suspension for cause

30 The Minister may notify the registrar of every provincial and territorial teacher certification authority in Canada of the revocation or suspension for cause of a teacher's certificate or an interim teacher's certificate.

TEACHER EDUCATION COORDINATING COMMITTEES

Teacher education coordinating committees

31(1) The Minister shall establish an English language teacher education coordinating committee and a French language teacher education coordinating committee to assist the Minister with the Minister's responsibilities for providing for a system of teacher education.

31(2) The members of the English language teacher education coordinating committee are

(a) the Vice-President (Academic) of each university with which the Minister has entered into an agreement for the establishment, maintenance and conduct of English language teacher education programs,

(b) the Assistant Deputy Minister - Educational Services (Anglophone) of the Department of Education, and

31(3) The members of the French language teacher education coordinating committee are

(a) the Vice-President (Academic) of each university with which the Minister has entered into an agreement for the establishment, maintenance and conduct of French language teacher education programs,

(b) the Assistant Deputy Minister - Educational Services (Francophone) of the Department of Education, and

31(4) The Vice-Presidents (Academic) referred to in paragraphs (2)(a) or (3)(a) shall select from among themselves 1 person who shall co-chair the respective committee with the Assistant Deputy Minister referred to in paragraph (2)(b) or (3)(b);

31(5) The co-chairs of each committee shall appoint a secretary to the committee who need not be a member of the committee.

31(6) The first meeting of each committee shall be called by the co-chairs and thereafter meetings shall be held at least twice yearly at times and places to be agreed by the committee and at such other times as the Minister or a university may request.

31(7) Each committee may make recommendations to the Minister or a university on any matter pertaining to the development, content and organization of the programs and courses of instruction offered by the universities for the education of teachers at the undergraduate and graduate levels, including curriculum and examinations.

31(8) Changes proposed by the Faculty of Education of a university in the development, content and organization of the programs or courses of instruction for the education of teachers it offers shall be submitted to the English or French teacher education coordinating committee, as the case may be, for the committee's consideration and advice before any recommendation is made by the faculty to the university.

MINISTER'S ADVISORY COMMITTEE ON TEACHER CERTIFICATION

Minister's Advisory Committee on Teacher Certification

32(1) The Minister shall establish an advisory committee on teacher certification to

(a) advise the Minister with respect to any aspect of teacher certification except matters that may be the subject of a decision of the Appeal Board on Teacher Certification under section 31 of the Act,

(b) make recommendations to the Minister with respect to certification requirements for applicants for an interim teacher's certificate, teacher's certificate, interim principal's certificate, or principal's certificate in cases that are referred to it by the Office of Teacher Certification, and

(c) make recommendations to the Minister for the appropriate placement of a teacher on the salary schedule which forms part of the collective agreement between the Board of Management and the New Brunswick Teachers' Federation by evaluating the teacher's teaching experience and related work experience both within and outside the Province.

32(2) The chair and members of the Minister's Advisory Committee on Teacher Certification shall be appointed by the Minister.

32(3) The Minister's Advisory Committee on Teacher Certification shall meet at least twice yearly at times and places to be fixed by the Committee and at such other times as the Minister may request.

TRANSITIONAL PROVISIONS

Transitional provision

33 The holder of a valid Letter of Standing immediately before the coming into force of this Regulation shall be deemed to hold an interim teacher's certificate of equivalent category with an expiry date concurrent to the expiry of the Letter of Standing.

34 An appeal or review that is before the Appeal Board immediately before the commencement of this Regulation shall,

(a) where a panel of the Appeal Board was convened before the commencement of this Regulation to conduct the appeal or review on behalf of the Appeal Board, be conducted by that panel of the Appeal Board, or

(b) where a panel of the Appeal Board was not convened before the commencement of this Regulation to conduct the appeal or review on behalf of the Appeal Board, be conducted by a panel of the Appeal Board convened in accordance with this Regulation.

REPEAL

Repeal

35 New Brunswick Regulation 84-192 under the Act is repealed.

36 New Brunswick Regulation 2001-50 under the Act is repealed.

N.B. This Regulation is consolidated to September 1, 2004.