Education Amendments (1994) Act

Short title

1 This Act may be cited as the Education Amendments (1994) Act. 1994, c. 6, s. 1.

Interpretation

2 (1) In this Act,

(a) "Amending Agreement" means the agreement dated June 5, 1994, between the Minister of Education and the Nova Scotia Teachers Union;

(b) "professional agreement" means a professional agreement pursuant to the Teachers Collective Bargaining Act.

Existing agreement amended

(2) Notwithstanding the Education Act, the Teachers Collective Bargaining Act or any professional agreement, every professional agreement is amended to comply with the Amending Agreement. 1994, c. 6, s. 2.

Education Act amended

3 Subsection 33(11) of Chapter 136 of the Revised Statutes, 1989, the Education Act, is amended by striking out "Governor in Council" in the first and second lines and substituting "Minister". 1994, c. 6, s. 3.

4 Chapter 136 is further amended by adding immediately after Section 40 the following heading and Section:

SCHOOL COUNCILS

40A (1) On the recommendation of the Minister after consultation by the Minister with a school board, the Governor in Council may, as a pilot project, establish a school council for a school administered by the school board.

(2) Upon establishing a school council, the Governor in Council shall transfer to the school council such powers and duties of the school board as the Governor in Council determines.

(3) For greater certainty, upon the transfer of the powers and duties pursuant to subsection (2), those powers and duties are powers and duties of the school council and not of the school board in respect of the school.

(4) Subject to subsections (5) and (6), the Minister may make regulations determining the number of members of a school council and the method by which the members are to be selected.

(5) A school council shall include

(a) teachers from the school;

(b) representatives of parents of students attending the school;

(c) in the case of a secondary school, students from the school; and

(d) representatives of the community served by the school.

(6) The principal is a non-voting member of the school council.

(7) The exercise by the Governor in Council and the Minister of the authority contained in this Section is regulations within the meaning of the Regulations Act.

1994, c. 6, s. 4.

5 Chapter 136 is further amended by adding immediately after Section 52 the following Section:

52A (1) A determination pursuant to this Act of the classification, re-classification, certificate or permit of a teacher, whether made before or after the coming into force of this Section, is final and binding.

(2) No determination pursuant to this Act of the classification, re-classification, certificate or permit of a teacher, whether made before or after the coming into force of this Section, gives rise to any cause of action for damages, retroactive remuneration or other loss or damage of any kind.

(3) Notwithstanding subsection (2), retroactive remuneration may be paid to a teacher as the result of a re-classification in accordance with the terms of a professional agreement between the Minister and the Nova Scotia Teachers Union setting out conditions with respect to the effective date of re-classification for salary purposes.

1994, c. 6, s. 5.

6 (1) Section 56(8) of Chapter 136 is amended by

(a) striking out "or" at the end of clause (a);

(b) striking out the period at the end of clause (b) and substituting "; and"; and

(c) adding immediately after clause (b) the following clause:

(c) terminate a probationary or permanent contract in accordance with the Amending Agreement, as defined in the Education Amendments (1994) Act.

(2) Subsection 56(11) of Chapter 136 is amended by striking out "subclause (i) or (ii) of clause (b)" in the third line and substituting "clause (b) or (c)". 1994, c. 6, s. 6.

Teachers Pension Act amended

7 Chapter 461 of the Revised Statutes, 1989, the Teachers Pension Act, is amended by adding immediately after Section 53 the following heading and Section:

PART III

54 (1) Notwithstanding anything in Part I or II, or the regulations made pursuant thereto, respecting retirement, the Governor in Council may designate any teacher, or class of teachers, or member of a class of teachers, appointed to positions in the teaching profession as a special class who have a right to retire after a minimum number of years in the teaching profession and upon attaining an age prescribed for early retirement.

(2) A teacher entitled to retire pursuant to this Section may elect to retire from the teaching profession and receive an immediate pension pursuant to this Section.

(3) For the purpose of this Section, the Governor in Council may, from time to time, either generally or specifically,

(a) prescribe the minimum number of years in the teaching profession required for early retirement;

(b) prescribe the minimum age for early retirement;

(c) order a special payment to a teacher entitled to retire pursuant to this Section;

(d) give additional service credit for the purpose of the calculation of a pension pursuant to this Section;

(e) determine the basis of calculating a pension;

(f) order that the pension be increased in relation to the cost of living, or otherwise, as the Governor in Council may determine;

(g) require a board to pay into the Fund, in respect of each teacher employed by that board who elects to retire and receive a pension pursuant to this Section, such amount as the Governor in Council determines.

(4) All survivor and other benefits that apply to a pension paid under Parts I and II apply in respect of the pension payable pursuant to this Section as if they were set forth herein, except that the benefits shall be based upon the pension payable pursuant to this Section.

(5) Notwithstanding Section 39, an election to retire and receive a pension pursuant to this Section does not affect a teachers entitlement to a pension or benefits pursuant to Parts I and II.

(6) Where a teacher elects to retire and receive a pension pursuant to this Section, and where that teacher or that teachers survivor is or becomes entitled to a pension or other benefits pursuant to Parts I and II, payments made in accordance with this Section shall be reduced by the amount of that pension or those benefits.

(7) All benefit payments made pursuant to this Section shall be charged to the Fund.

1994, c. 6, s. 7.

Effective date of certain Sections

8 Sections 2 and 6 have effect on and after June 5, 1994. 1994, c. 6, s. 8.