Professional Conduct and Competency for Teachers and Teacher Leaders Regulation

(Consolidated up to 135/2025) ALBERTA REGULATION 124/2022 Education Act PROFESSIONAL CONDUCT AND COMPETENCY FOR TEACHERS AND TEACHER LEADERS REGULATION Table of Contents 1 Definitions Part 1 Teacher and Teacher Leader Discipline Process 1.1 Code of professional conduct 2 Appointment of panel members 3 Appointment of committee members 4 Serving in multiple capacities 5 Notice of complainant appeal 5.1 Fee for commencing complainant appeal 6 Dismissal of complainant appeal 7 Notice of complainant appeal hearing 8 Complainant appeal hearing 9 Investigation 10 Investigator’s powers 11 Mediation process 12 Dispute resolution process 13 Prescribed penalty — consent resolution agreement 14 Hearing evidence and transcripts 15 Dismissal of appeal 16 Service of documents and notices Part 3 Transitional Provisions, Repeals, Expiry and Coming into Force 56 Transitional 57 Repeals 58 Expiry 59 Coming into force Schedules Definitions 1 In this Regulation, (a) “certificate” means a certificate as defined in the Certification of Teachers and Teacher Leaders Regulation ; (b) “ Certification of Teachers and Teacher Leaders Regulation ” means the Certification of Teachers and Teacher Leaders Regulation (AR 123/2022); (c) “ideological advantage” means perspectives taught to students in a biased manner with the intent to take advantage of a student’s uninformed or under‑informed opinions, but does not include programs of study established under the Act; (d) “student”, for the purposes of the code of professional conduct referred to in section 225.5 of the Act, includes a child enrolled in an early childhood services program. AR 124/2022 s1;240/2022 Part 1 Teacher and Teacher Leader Discipline Code of professional conduct 1.1 The code of professional conduct for teachers and teacher leaders referred to in section 225.5 of the Act is established in Schedule 1.1. AR 240/2022 s5 Appointment of panel members 2 For the purposes of section 225.8(2) of the Act, panel members must be appointed in accordance with the following requirements: (a) the panel must consist of at least 25 panel members; (b) a majority of the panel members must be (i) teachers who hold teaching certificates, or (ii) teacher leaders who hold leadership certificates or superintendent leadership certificates; (c) at least 10 panel members must be members of the public who do not hold and have not held a certificate. Appointment of committee members 3 For the purposes of section 225.9(1)(b) and (2)(a) of the Act, the committee members of a hearing committee, complainant appeal committee or appeal committee must be appointed in accordance with the following requirements: (a) the hearing committee, complainant appeal committee or appeal committee must consist of 3 or 5 committee members; (b) where the hearing committee, complainant appeal committee or appeal committee consists of 3 committee members, (i) at least one committee member must be (A) a teacher who holds a teaching certificate, or (B) a teacher leader who holds a leadership certificate or a superintendent leadership certificate, and (ii) at least one committee member must be a member of the public who does not hold and has not held a certificate; (c) where the hearing committee, complainant appeal committee or appeal committee consists of 5 committee members, (i) at least 2 committee members must be (A) teachers who hold teaching certificates, or (B) teacher leaders who hold leadership certificates or superintendent leadership certificates, and (ii) at least 2 committee members must be members of the public who do not hold and have not held a certificate. Serving in multiple capacities 4 (1) The chair of the panel may conduct a mediation process under section 225.992 of the Act or a dispute resolution process under section 225.993 of the Act or serve as a member of a hearing committee, complainant appeal committee or appeal committee with respect to a complaint, but if the chair does so, any functions of the chair of the panel with respect to the same complaint shall be exercised by the vice-chair of the panel. (2) A panel member who serves in one of the following capacities with respect to a complaint shall not serve in any of the other following capacities with respect to the complaint: (a) conducting a mediation process under section 225.992 of the Act; (b) conducting a dispute resolution process under section 225.993 of the Act; (c) serving as a committee member of a hearing committee; (d) serving as a committee member of a complainant appeal committee; (e) serving as a committee member of an appeal committee. Notice of complainant appeal 5 A notice of complainant appeal referred to in section 225.95(2)(a) of the Act must (a) be in writing, and (b) include the reasons the complainant believes the complaint should be referred to (i) an investigator under section 225.94(2)(d) of the Act, (ii) a dispute resolution process under section 225.94(2)(c) or 225.97(4)(b) of the Act, or (iii) a hearing committee under section 225.97(3)(c) or (4)(d) of the Act. Fee for commencing complainant appeal 5.1 (1) Subject to subsections (2) and (3)(a), payment of the fee referred to in section 225.95(2)(b) of the Act must accompany any notice of complainant appeal submitted under section 225.95(2)(a) of the Act. (2) A complainant may request that payment of the fee by the complainant be waived by submitting such a request in writing to the chair of the panel within 7 days after the day on which the complainant is served with the Commissioner’s decision under section 225.94(4) or 225.97(5) of the Act. (3) The chair of the panel shall, within 8 days after the day on which a request is submitted under subsection (2), (a) approve the request, if the chair is of the opinion that extenuating circumstances exist that warrant the waiver, or (b) refuse the request. (4) Where a complainant’s request is refused under subsection (3)(b), the complainant shall, within 15 days after the day on which the request is refused, submit payment of the fee to the chair of the panel. (5) The amount of the fee payable under subsection (1) or (4) is $250. (6) The chair of the panel may refund the full amount of the fee where the complainant appeal in respect of which payment of the fee was submitted is successful. AR 135/2025 s3 Dismissal of complainant appeal 6 (1) Before taking any action under section 225.95(3)(a) or (b) of the Act, the chair of the panel shall determine whether (a) the notice of complainant appeal was submitted in the time provided for by section 225.95(2)(a) of the Act, and (b) payment of the fee referred to in section 225.95(2)(b) of the Act was submitted in accordance with section 5.1(1) or (4). (2) The chair of the panel may dismiss a complainant appeal where the submission of the notice of complainant appeal or of the payment of the fee does not comply with subsection (1)(a) or (b), as the case may be. AR 124/2022 s6;135/2025 Notice of complainant appeal hearing 7 The following information is prescribed for the purposes of section 225.95(4)(b)(i) of the Act: (a) the date, time and location of the complainant appeal hearing; (b) information respecting the rights referred to in section 8(1) of (i) the complainant, (ii) the Commissioner, and (iii) the teacher or teacher leader who is the subject of the complaint. Complainant appeal hearing 8 (1) At a complainant appeal hearing under section 225.95 of the Act, the complainant, the Commissioner and the teacher or teacher leader who is the subject of the complaint may (a) appear and be represented by counsel or any other individual, (b) make written and oral representations, and (c) at the request of the complainant appeal committee, provide clarification of any matter under consideration by the complainant appeal committee. (2) If information is available to the complainant appeal committee that was not available to the investigator or the Commissioner, the complainant appeal committee may, in making a decision under section 225.95(6) of the Act, consider the relevance of that information. (3) A complainant appeal hearing must be conducted in private. Investigation 9 An investigation must be conducted in the manner that the investigator considers most suitable in the circumstances. Investigator’s powers 10 (1) An investigator may (a) request any person, including (i) the teacher or teacher leader who is the subject of the investigation, and (ii) the employer or former employer of the teacher or teacher leader who is the subject of the investigation and any employee of the employer or former employer of the teacher or teacher leader to answer any questions and to produce to the investigator any records and documents relevant to the investigation, and (b) copy and keep copies of any records and documents produced under clause (a). (2) An investigator may investigate any other matter related to the complaint being investigated that arises in the course of the investigation. Mediation process 11 (1) For the purposes of section 225.992(1) of the Act, the chair of the panel shall appoint a panel member within 15 days after the Commissioner directs the chair to do so. (2) Where a complaint is referred to a mediation process, the panel member appointed under section 225.992(1) of the Act shall conduct the mediation process by endeavouring to (a) meet with the complainant and the teacher or teacher leader who is the subject of the complaint and attempting to resolve the complaint, (b) review the facts, (c) identify any concerns of students, the public, teachers or teacher leaders or the teaching profession with respect to the complaint, and (d) assist in the mediation of the complaint. (3) A panel member conducting a mediation process may (a) draw on the assistance of any other panel member in conducting the mediation process, and (b) request that the principal or administrator of the teacher or teacher leader participate in the mediation process. Dispute resolution process 12 (1) For the purposes of section 225.993(1) of the Act, the chair of the panel shall appoint a panel member within 15 days after the Commissioner directs the chair to do so. (2) Where a complaint is referred to a dispute resolution process, the panel member appointed under section 225.993(1) of the Act shall conduct the dispute resolution process by endeavouring to (a) review the facts, (b) identify any concerns of students, the public, teachers or teacher leaders or the teaching profession with respect to the complaint, (c) assist in the mediation or resolution of the complaint, and (d) provide advice to the teacher or teacher leader, if appropriate. (3) A panel member conducting a dispute resolution process may draw on the assistance of any other panel member in conducting the dispute resolution process. Prescribed penalty — consent resolution agreement 13 An order to undertake counselling, training or coursework related to behaviour or professional conduct is a penalty prescribed for the purposes of section 225.994(1)(d)(iv) of the Act. Hearing evidence and transcripts 14 (1) The following individuals may examine the record or any part of the record of a hearing and hear any recording or examine any electronic, mechanical or handwritten record of evidence given before the hearing committee: (a) the teacher or teacher leader who is the subject of the hearing; (b) counsel or any other individual representing the teacher or teacher leader at the hearing. (2) If the teacher or teacher leader requests a transcript of all or part of the hearing, the teacher or teacher leader shall pay the cost of the preparation of the transcript. (3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court of King’s Bench of Alberta may, on an application by the Registrar without notice, order the evidence of the witness to be obtained in the manner provided for under the Alberta Rules of Court (AR 124/2010) for the taking of evidence of a person outside Alberta. AR 124/2022 s14;218/2022 Dismissal of appeal 15 Before taking any action under section 225.9993(4) of the Act, the chair of the panel shall determine whether the notice of appeal was delivered in the time provided for by section 225.9993(2) of the Act and, if not, may dismiss the appeal. Service of documents and notices 16 (1) In this section, (a) “electronic” means electronic as defined in the Electronic Transactions Act; (b) “electronic agent” means electronic agent as defined in the Electronic Transactions Act; (c) “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing. (2) When the Act requires that a document or notice be served on an individual, the document or notice is sufficiently served (a) if it is served personally on the individual or sent to the individual by recorded mail, (i) in the case of a teacher or teacher leader, at the address last shown for the teacher or teacher leader on the registry under the Certification of Teachers and Teacher Leaders Regulation, or (ii) in the case of any other individual, at the individual’s last known address, or (b) if it is sent to the individual at an address the individual has provided as an address to which information or data may be transmitted by electronic means and (i) the electronic means used results in the receipt of a document in a form that is usable for subsequent reference, and (ii) the sender obtains or receives a confirmation that the transmission to the address of the person to be served was successfully completed. (3) Service is effected under subsection (2)(b) when the sending electronic agent obtains or receives confirmation of the successfully completed transmission. Part 2 Repealed AR 124/2022 s57. Part 3 Transitional Provisions, Repeals, Expiry and Coming into Force Transitional 56 (1) In this section, “former regulation” means the Practice Review of Teachers and Teacher Leaders Regulation (AR 92/2019) as it read immediately before the coming into force of this section. (2) Where a complaint made under the former regulation has not been concluded before the coming into force of this section, the complaint and any matters arising from the complaint, including investigations, hearings and appeals, must be concluded in accordance with the former regulation as if it had not been repealed. (3) For the purposes of subsection (2), the Registrar, the chair and members of the practice review general panel, an investigator, a practice review complainant appeal committee and its chair, a practice review hearing committee and its chair and a practice review appeal committee and its chair have the powers of the Registrar, the chair and members of the practice review general panel, an investigator, a practice review complainant appeal committee and its chair, a practice review hearing committee and its chair and a practice review appeal committee and its chair, respectively, under the former regulation as if it had not been repealed. Repeals 57 (1) Part 2 and Schedule 2 of this Regulation are repealed on December 31, 2022. (2) The Practice Review of Teachers and Teacher Leaders Regulation (AR 92/2019) is repealed. (3) The Practice Review of Teachers and Teacher Leaders Amendment Regulation (AR 127/2021) is repealed. Expiry 58 For the purposes of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2027. Coming into force 59 (1) This Regulation, other than Part 1, comes into force on September 1, 2022. (2) Part 1 comes into force on the coming into force of section 12 of the Education (Reforming Teacher Profession Discipline) Amendment Act, 2022 . Schedule 1 Prescribed Offences The following offences under the Criminal Code (Canada) are prescribed offences for the purposes of the Act and the Regulation: section 151; section 152; section 153; section 153.1; section 160; section 162; section 162.1; section 163.1; section 170; section 171.1; section 172.1; section 172.2; section 173; section 222; section 229; section 231; section 232; section 233; section 234; section 235; section 236; section 237; section 239; section 240; section 268; section 269.1; section 271; section 272; section 273; section 279; section 279.01; section 279.011; section 279.02; section 279.04; section 286.1; section 286.2; section 286.3. Schedule 1.1 Code of Professional Conduct for Teachers and Teacher Leaders Preamble This code of professional conduct for teachers and teacher leaders is established in accordance with section 1.1 of this Regulation. This code does not prejudicially affect any right or privilege guaranteed by the Canadian Charter of Rights and Freedoms or any constitutionally protected religious instruction right or privilege under section 93 of the Constitution Act, 1867 . Teachers and teacher leaders shall comply with this code. Sections 225.4, 225.5, 225.91 and other sections of the Act provide the legal framework for this code, including mandatory compliance and procedures for alleged non‑compliance. Conduct that does not comply with this code constitutes unprofessional conduct in accordance with the Act. Any person may make a complaint pursuant to the Act about alleged unprofessional conduct of a teacher or teacher leader, which may result in disciplinary action impacting a teacher’s or teacher leader’s suitability to hold a certificate. Unprofessional conduct and professional incompetence are defined separately in the Act. This code does not apply for the purposes of determining professional incompetence. The Teaching Quality Standard, Leadership Quality Standard and Superintendent Leadership Quality Standard establish professional development requirements for teachers and teacher leaders. This code applies to the conduct of an individual teacher or teacher leader. Matters pertaining to the administration of school authorities are subject to applicable legislation. The conduct of teachers and teacher leaders, both on and off duty, bears directly on the community’s perception of the ability of teachers and teacher leaders to fulfill their unique position of trust and influence. Society and the school community hold teachers and teacher leaders to a high standard of conduct. Teachers and teacher leaders are accountable for their conduct, on and off duty, and are expected to conduct themselves with due regard to the honour, dignity, welfare, rights and best interests of students and the teaching profession. Professional Conduct Requirements 1 In relation to students, (a) the teacher or teacher leader shall respect the dignity and rights of all students and persons without prejudice as to the prohibited grounds of discrimination set out in the Alberta Human Rights Act and with regard to rights as provided for in the Canadian Charter of Rights and Freedoms , and be considerate of the circumstances of students and persons, (b) the teacher or teacher leader is required to demonstrate a welcoming, caring, respectful and safe learning environment that respects diversity and nurtures a sense of belonging, which students are entitled to under the Act, (c) the teacher or teacher leader shall teach or lead in a manner that does not intentionally contravene applicable (i) legislation, and (ii) policies of Alberta Education, (d) the teacher or teacher leader shall not (i) intentionally harm or abuse a student verbally, psychologically or emotionally, or (ii) harm or abuse a student physically or sexually, (e) the teacher or teacher leader shall not (i) intentionally engage in an illegal activity or other activities that may cause a student to be put at or to remain at risk of harm or abuse, or (ii) knowingly encourage or enable a student to engage in an illegal activity or other activities that may cause a student to be put at or to remain at risk of harm or abuse, (f) the teacher or teacher leader shall not disclose information received about a student in confidence or in the course of performing the teacher’s or teacher leader’s professional duties except (i) as required by law, or (ii) where (A) in the teacher’s or teacher leader’s judgment, it would be in the best interests of the student to disclose the information, and (B) the disclosure of the information is permitted by law, (g) the teacher or teacher leader shall not (i) accept pay for tutoring a student in any subjects in which the teacher or teacher leader is responsible for giving classroom instruction to that student, but may provide tutoring to other students not in the teacher’s or teacher leader’s charge, subject to local school policy, (ii) take advantage of a professional position to profit from the sale of goods or services to or for students in the teacher’s or teacher leader’s charge, or (iii) while in a position of authority, teach or lead in a manner that exploits the teacher’s or teacher leader’s relationship with students for ideological advantage, material advantage or other advantage, and (h) the teacher or teacher leader may delegate specific and limited aspects of instructional activity to non‑certificated personnel, provided that the teacher or teacher leader supervises such activity. 2 In relation to parents of students, the teacher or teacher leader shall (a) respect parents and be considerate of their circumstances, (b) treat information received from and about parents with discretion, (c) be respectful in communications with and about parents, and (d) not discuss other students except where the matters being discussed are relevant to their child and then only to the extent that, in the teacher’s or teacher leader’s judgment, is necessary. 3 In relation to colleagues, the teacher or teacher leader shall (a) not undermine the confidence of students in other teachers or teacher leaders, (b) not criticize the professional competence or professional reputation of another teacher or teacher leader, except (i) in confidence to appropriate officials, or (ii) in making a complaint about the alleged unprofessional conduct or alleged professional incompetence of a teacher or teacher leader under the Act, (c) not take any steps to pursue the discipline or dismissal of another teacher or teacher leader because of animosity or for personal advantage, and (d) in addition to other reporting required by law, report to the Commissioner the conduct of another teacher or teacher leader who is alleged to cause or to have caused psychological, emotional, physical or sexual harm or abuse to a student. 4 In relation to the teaching profession, the teacher or teacher leader shall (a) behave in a manner that maintains the honour and dignity of the profession, and (b) not engage in activities that adversely affect the quality of the teacher’s or teacher leader’s professional service. AR 240/2022 s7 Schedule 2 Repealed AR 124/2022 s57.