The Registered Teachers Act came fully into force on October 19, 2015 and establishes the SPTRB (The Saskatchewan Professional Teachers Regulatory Board) as the single independent organization that is responsible for teacher certification, registration, and discipline in Saskatchewan. The goal of the Act is to provide the teaching profession in Saskatchewan with the same authority and responsibilities as other self-regulated professions in the province.  This undertaking was the result of an independent review in 2013 that recommended an autonomous regulatory board, to eliminate any possible conflict of interest by separating advocacy and disciplinary functions. The Act itself establishes the necessary framework for this undertaking to operate in an orderly manner. It establishes the foundation for the regulatory board and its directors, and outlines the establishment of bylaws and the processes of certification, registration, and discipline. The regulatory board is structured as a corporation with a duty to serve and protect the public and the public interest. Its focus is on establishing and maintaining professional standards for those in the teaching profession in Saskatchewan. The board of directors consists of nine individuals, two members of the public, and seven registered teachers. The appointments to these positions were made by the Minister of Education in consultation with:

• The Saskatchewan Teachers Federation (STF)
• The League of Educational Administrators, Directors and Superintendents of Saskatchewan (LEADS)
• The Saskatchewan School Boards Association (SSBA)
• The Federation of Saskatchewan Indian Nations (FSIN)

The SPTRB’s objective is to make the processes under which teachers operate unified, fair, and transparent. The SPTRB will be responsible for issuing and, if necessary, cancelling teachers’ certificates or permits and teachers will be required to register with the board annually. The SPTRB will field grievances from parents, students, school divisions, and members of the general public in regard to concerns about any Saskatchewan teacher. It has a variety of responses available, including dismissing, investigating, or undertaking local dispute resolution. A complaint form is available online at the SPTRB website. If a complainant disagrees with an initial decision, it can be appealed in certain circumstances as outlined in the Act and Regulatory Bylaws. The SPTRB disciplinary committee holds the power to revoke, suspend, or levy fines if a teacher is found to be professionally incompetent or to have exhibited professional misconduct. Teachers who are registered and certified will appear in an online public register containing relevant information including name, certificate credentials, and any disciplinary action to which they have been subject. In many respects, the Act is similar to legislation for other self-regulating professions in Saskatchewan; however, there are some relatively unique aspects to it. For example, Section 35 provides that an employer is required to give written notice to the board of directors of the suspension, termination, resignation, or retirement from employment of a teacher if the teacher’s change in status results from conduct that the employer reasonably believes constitutes professional incompetence or professional misconduct. Compared to many other self-regulating professions, this section places a broad obligation on employers and helps to ensure that professional incompetence and misconduct are appropriately addressed. Ultimately, the creation of the Registered Teachers Act and the formation of the SPTRB is meant to maintain public confidence in the teaching profession and schools in Saskatchewan.  Given that the Act and the SPTRB are new undertakings, it will be important to follow their evolution and implementation and note how they affect our schools, teachers, students, and the general public.

About the author: Connor is an associate practicing in the Regina office.

About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.