Section 1 definition of "independent school authority" BEFORE amended by 2015-18-356, effective November 28, 2016 (BC Reg 216/2015).
means
(a) a society incorporated under the Society Act,
(b) a corporation incorporated under the Business Corporations Act or a private Act, or
(c) a person designated, by regulation, as an independent school authority that operates or intends to operate an independent school;
Section 1 definitions of "coordination agreement", "First Nations Education Authority", "FNEA certified teacher", "FNEA teaching certificate" and "participating First Nation" were added by 2021-29-3(a), effective November 25, 2021 (Royal Assent).
Section 1 definition of "practising teacher" (part) BEFORE amended by 2021-29-3(b), effective November 25, 2021 (Royal Assent).
"practising teacher" means a certificate holder who has carried out one or more of the following duties in the preceding 2 years in the course of his or her employment:
Section 5 (1) (c) (i) BEFORE amended by 2021-29-4, effective November 25, 2021 (Royal Assent).
(i) on which the commissioner considers he or she should report, or
Section 9 (1) (a) BEFORE amended by 2021-29-5(a), effective April 3, 2023 (BC Reg 88/2023).
(a) 3 certificate holders, nominated by the British Columbia Teachers' Federation in accordance with the regulations, who are appointed by the minister;
Section 9 (4) BEFORE amended by 2021-29-5(d), effective April 3, 2023 (BC Reg 88/2023).
(4) The minister may appoint a council member to a term of office other than 3 years but no more than 5 years if the council member is appointed to fill a vacancy.
Section 20 (d) BEFORE amended by 2021-29-7, effective November 25, 2021 (Royal Assent).
(d) the certificate holder's nomination in writing is proposed by 10 certificate holders each having his or her principal residence in that zone, and
Section 23 (1), (3) and (4) BEFORE amended by 2021-29-8, effective November 25, 2021 (Royal Assent).
(1) If an elected council member ceases to hold office before the member has served 30 months of his or her term, the minister must promptly hold an election to choose a successor.
(3) If an elected council member ceases to hold office after the member has served 30 months or more of his or her term, the minister may appoint an eligible certificate holder in the same zone to fill the vacancy.
(4) A council member elected under subsection (1) or appointed under subsection (3) holds office for the remainder of the term of the member whom he or she replaces.
Section 25 (2) BEFORE amended by 2021-29-9, effective November 25, 2021 (Royal Assent).
(2) A council member appointed under subsection (1) holds office as though he or she had been elected at an election.
Section 27 (1) BEFORE amended by 2021-29-10, effective November 25, 2021 (Royal Assent).
(1) If a board member resigns or his or her appointment expires, the commissioner may authorize the person to continue to exercise powers as a panel member, if selected to sit on a panel before the end of his or her term.
Section 29 (1) BEFORE amended by 2021-29-11, effective November 25, 2021 (Royal Assent).
(1) A panel member must faithfully, honestly and impartially perform his or her duties as a panel member and, except in the proper performance of those duties, must not disclose to any person any information obtained as a panel member.
Section 30 (3) (a) BEFORE amended by 2013-8-56, effective November 30, 2013 (BC Reg 214/2013).
(a) if the person fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined the person presents a risk of physical or sexual abuse to children or vulnerable adults and that determination has not been overturned by the registrar under that Act, or
Section 33 (1) (f) BEFORE amended by 2013-8-57(b), effective November 30, 2013 (BC Reg 214/2013).
(f) if the certificate holder does not authorize a criminal record check under the Criminal Records Review Act.
Section 33 (2) (e) and (f) BEFORE amended by 2013-8-57(c), effective November 30, 2013 (BC Reg 214/2013).
(e) 6 months after the date of suspension under subsection (1) (f) of this section if the certificate holder does not authorize a criminal record check under the Criminal Records Review Act within that 6-month period, or
(f) if the deputy registrar under the Criminal Records Review Act has determined that a certificate holder presents a risk of physical or sexual abuse to children or vulnerable adults and that determination has not been overturned by the registrar under that Act.
Section 33 (2) (g) and (h) were added by 2013-8-57(c), effective November 30, 2013 (BC Reg 214/2013).
Section 35 (3) (a) BEFORE amended by 2013-8-58, effective November 30, 2013 (BC Reg 214/2013).
(a) if the person fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined the person presents a risk of physical or sexual abuse to children or vulnerable adults and that determination has not been overturned by the registrar under that Act, or
Part 6, Division 4 heading BEFORE re-enacted by 2021-29-12, effective November 25, 2021 (Royal Assent).
Section 79 was renumbered as section 79 (1) by 2021-29-13(a) and subsection (2) was added by 2021-29-13(b), effective November 25, 2021 (Royal Assent).
Section 80 (1) definitions of "aboriginal educator" and "participating First Nation" BEFORE repealed by 2021-29-14(a) and (d), effective November 25, 2021 (Royal Assent).
"aboriginal educator" means any of the following:
(a) a first nation, as defined in section 1 [definitions and interpretation] of the School Act, that is operating an educational institution;
(b) a Community Education Authority, established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), that is operating an educational institution;
(c) a treaty first nation that is operating a school under its own laws;
"participating First Nation" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
Section 80 (1) definition of "employer" BEFORE amended by 2021-29-14(b), effective November 25, 2021 (Royal Assent).
"employer" means a board of education or an independent school authority that employs a certificate holder in his or her capacity as a certificate holder;
Section 80 (1) definitions of "First Nations school employer" and "prospective First Nations school employer" were added by 2021-29-14(c) and (e), effective November 25, 2021 (Royal Assent).
Section 80 (3) and (4) BEFORE amended by 2021-29-15, effective November 25, 2021 (Royal Assent).
(3) From the information submitted and maintained under subsection (2), the director of certification must create and maintain a list that identifies the employers of every certificate holder, and a prospective employer or an aboriginal educator that is considering hiring a certificate holder may inspect the list.
(4) A prospective employer or an aboriginal educator that inspects a list under subsection (3) must keep confidential the information obtained from the list.
Part 7.1, sections 80.1 to 80.5, was enacted by 2021-29-16, effective November 25, 2021 (Royal Assent).
Section 89 (1) (b) BEFORE amended by 2021-29-21, effective November 25, 2021 (Royal Assent).
(b) if the applicant does not make a request under paragraph (a) of this subsection, the inquiry must be continued under the former Act as if section 26 of the former Act were still in force, and the results of the inquiry must be forwarded to the director of certification, who, with respect to the application, must exercise his or her powers under section 30 of this Act in accordance with those results.