I-14 - The Education Act for Cree, Inuit and Naskapi Native Persons

Section 208 Disposition versions

1990-10-18

208. Commissioners may decide not to reengage for the following year a person holding a pedagogical or educational position in accordance with the collective agreement governing the parties.

However, failing a collective agreement or if the collective agreement does not provide for the non-reengagement, the following provisions apply:

(1)  commissioners, after having decided by resolution at a regularly held meeting not to reengage for the following year a person holding a pedagogical or educational position, shall, at least thirty days before the date of expiration of the engagement of such person or, in the case of an engagement terminating at the end of a school year, before 1 June preceding the end of such school year, notify him in writing of their intention to terminate the said engagement, but need not in such notice assign any cause therefor;

(2)  they shall, however, upon the written and personal request of such person delivered at least fifteen days before the date of expiration of his engagement or, in the case of an engagement terminating at the end of a school year, before 15 June preceding the end of such school year, give him in writing within the fifteen days following the expiry of such fifteen days, or in the case of an engagement terminating at the end of a school year, before 30 June, the reasons for their decision, but no right of action shall result from reasons so given in good faith;

(3)  such person, if he is of the opinion that the procedure provided in this paragraph for the non-renewal of his contract has not been followed, may submit a grievance to arbitration. If he contests the reasons given by the commissioners, he may also submit a grievance to arbitration, but he may do so only if he has been in the employ of a school board, a school administered by a government department, or another educational institution designated by the Minister, in which such person has held a pedagogical or educational position for three periods of eight months or more, each of which was contained in a separate year of engagement comprised in a continuous period of not more than five years. An individual contract of employment may stipulate, for the purposes of the application of this paragraph, that periods of absence be deemed periods of employment in a pedagogical or educational position;

(4)  the grievance must be submitted to arbitration not later than on the date of the termination of the contract of engagement of such person in accordance with sections 100 to 102 of the Labour Code (chapter C-27);

(5)  the arbitrator seized of the grievance shall determine whether the procedure prescribed for the non-reengagement has been followed and, if necessary, whether the reasons on which the decision of the commissioners is based are well founded. If such procedure has not been followed or if, as the case may be, the reasons on which the decision of the commissioners is based are not well founded, the arbitrator may set aside the decision of the commissioners, order that the person concerned be reinstated in his duties and determine if need be the amount of the compensation to which such person is entitled.

R. S. 1964, c. 235, s. 219; 1965 (1st sess.), c. 67, s. 7; 1969, c. 67, s. 7; 1977, c. 41, s. 73; 1982, c. 45, s. 15; 1983, c. 22, s. 102; 1989, c. 36, s. 279; 1990, c. 35, s. 16.

1983-09-01

208. School commissioners or trustees may decide not to reengage for the following year a person holding a pedagogical or educational position in accordance with the collective agreement governing the parties.

However, failing a collective agreement or if the collective agreement does not provide for the non-reengagement, the following provisions apply:

(1)  School commissioners or trustees, after having decided by resolution at a regularly held meeting not to reengage for the following year a person holding a pedagogical or educational position, shall, at least thirty days before the date of expiration of the engagement of such person or, in the case of an engagement terminating at the end of a school year, before 1 June preceding the end of such school year, notify him in writing of their intention to terminate the said engagement, but need not in such notice assign any cause therefor.

(2)  They shall, however, upon the written and personal request of such person delivered at least fifteen days before the date of expiration of his engagement or, in the case of an engagement terminating at the end of a school year, before 15 June preceding the end of such school year, give him in writing within the fifteen days following the expiry of such fifteen days, or in the case of an engagement terminating at the end of a school year, before 30 June, the reasons for their decision, but no right of action shall result from reasons so given in good faith.

(3)  Such person, if he is of the opinion that the procedure provided in this paragraph for the non-renewal of his contract has not been followed, may submit a grievance to arbitration. If he contests the reasons given by the school commissioners or trustees, he may also submit a grievance to arbitration, but he may do so only if he has been in the employ of a school board, a school administered by a government department, or another educational institution designated by the Minister, in which such person has held a pedagogical or educational position for three periods of eight months or more, each of which was contained in a separate year of engagement comprised in a continuous period of not more than five years. An individual contract of employment may stipulate, for the purposes of the application of this paragraph, that periods of absence be deemed periods of employment in a pedagogical or educational position.

(4)  The grievance must be submitted to arbitration not later than on the date of the termination of the contract of engagement of such person in accordance with sections 100 to 102 of the Labour Code (chapter C-27).

(5)  The arbitrator seized of the grievance shall determine whether the procedure prescribed for the non-reengagement has been followed and, if necessary, whether the reasons on which the decision of the school commissioners or trustees is based are well founded. If such procedure has not been followed or if, as the case may be, the reasons on which the decision of the school commissioners or trustees is based are not well founded, the arbitrator may set aside the decision of the school commissioners or trustees, order that the person concerned be reinstated in his duties and determine if need be the amount of the compensation to which such person is entitled.

R. S. 1964, c. 235, s. 219; 1965 (1st sess.), c. 67, s. 7; 1969, c. 67, s. 7; 1977, c. 41, s. 73; 1982, c. 45, s. 15; 1983, c. 22, s. 102.

1982-12-11

208. School commissioners or trustees may decide not to reengage for the following year a person holding a pedagogical or educational position in accordance with the collective agreement governing the parties.

However, failing a collective agreement or if the collective agreement does not provide for the non-reengagement, the following provisions apply:

(1)  School commissioners or trustees, after having decided by resolution at a regularly held meeting not to reengage for the following year a person holding a pedagogical or educational position, shall, at least thirty days before the date of expiration of the engagement of such person or, in the case of an engagement terminating at the end of a school year, before 1 June preceding the end of such school year, notify him in writing of their intention to terminate the said engagement, but need not in such notice assign any cause therefor.

(2)  They shall, however, upon the written and personal request of such person delivered at least fifteen days before the date of expiration of his engagement or, in the case of an engagement terminating at the end of a school year, before 15 June preceding the end of such school year, give him in writing within the fifteen days following the expiry of such fifteen days, or in the case of an engagement terminating at the end of a school year, before 30 June, the reasons for their decision, but no right of action shall result from reasons so given in good faith.

(3)  Such person, if he is of the opinion that the procedure provided in this paragraph for the non-renewal of his contract has not been followed, may submit a grievance to arbitration. If he contests the reasons given by the school commissioners or trustees, he may also submit a grievance to arbitration, but he may do so only if he has been in the employ of a school board, a school administered by a government department, or another educational institution designated by the Minister, in which such person has held a pedagogical or educational position for three periods of eight months or more, each of which was contained in a separate year of engagement comprised in a continuous period of not more than five years. An individual contract of employment may stipulate, for the purposes of the application of this paragraph, that periods of absence be deemed periods of employment in a pedagogical or educational position.

(4)  The grievance must be submitted to arbitration not later than on the date of the termination of the contract of engagement of such person in accordance with sections 100 to 102 of the Labour Code (chapter C-27).

(5)  The council of arbitration seized of the grievance shall determine whether the procedure prescribed for the non-reengagement has been followed and, if necessary, whether the reasons on which the decision of the school commissioners or trustees is based are well founded. If such procedure has not been followed or if, as the case may be, the reasons on which the decision of the school commissioners or trustees is based are not well founded, the council of arbitration may set aside the decision of the school commissioners or trustees, order that the person concerned be reinstated in his duties and determine if need be the amount of the compensation to which such person is entitled.

R. S. 1964, c. 235, s. 219; 1965 (1st sess.), c. 67, s. 7; 1969, c. 67, s. 7; 1977, c. 41, s. 73; 1982, c. 45, s. 15.

1978-02-01

208. School commissioners or trustees, after having decided by resolution at a regularly held meeting not to re-engage for the following year a person holding a pedagogical or educational position, shall, at least sixty days before the date of expiration of the engagement of such person or, in the case of an engagement terminating at the end of a school year, before the 1st of May preceding the end of such school year, notify him in writing of their intention to terminate the said engagement, but need not in such notice assign any cause therefor. (Form 18).

They shall, however, upon the written and personal request of such person delivered at least forty-five days before the date of expiration of his engagement or, in the case of an engagement terminating at the end of a school year, before the fifteenth of May preceding the end of such school year, give him in writing within the fifteen days following the expiry of such forty-five days’ delay, or in the case of an engagement terminating at the end of a school year, before the 31st of May, the reasons for their decision, but no right of action shall result from reasons so given in good faith.

Such person, if he is of the opinion that the procedure provided in this section for the non-renewal of his contract has not been followed, may submit a grievance to arbitration. If he contests the reasons given by the school commissioners or trustees, he may also submit a grievance to arbitration, but he may do so only if he has been in the employ of a school board, a school administered by a government department, or another educational institution designated by the Minister, in which such person has held a pedagogical or educational position for three periods of eight months or more, each of which was contained in a separate year of engagement comprised in a continuous period of not more than five years. A collective agreement or an individual contract of employment may stipulate, for the purposes of the application of this paragraph, that periods of absence be deemed periods of employment in a pedagogical or educational position.

The grievance shall be submitted to arbitration not later than on the date of the termination of the contract of engagement of such person in accordance with the procedure prescribed in the collective agreement governing the parties or, failing such agreement or if it does not provide therefor, in accordance with sections 100 to 102 of the Labour Code.

The council of arbitration seized of the grievance shall determine whether the procedure prescribed for the termination of the engagement has been followed and, if necessary, whether the reasons on which the decision of the school commissioners or trustees is based are well founded. If such procedure has not been followed or if, as the case may be, the reasons on which the decision of the school commissioners or trustees is based are not well founded, the council of arbitration may set aside the decision of the school commissioners or trustees, order that the person concerned be reinstated in his duties and determine if need be the amount of the compensation to which such person is entitled.

A provision contained in a collective agreement made in accordance with section 15 of chapter 63 of the statutes of 1966/1967 and which enables a person contemplated in the third paragraph to submit a grievance to arbitration shall be valid even if such person has been employed by a school board as a teacher for a shorter period than that contemplated in the said paragraph.

R. S. 1964, c. 235, s. 219; 1965 (1st sess.), c. 67, s. 7; 1969, c. 67, s. 7; 1977, c. 41, s. 73.

1977-12-31

208. School commissioners or trustees, after having decided by resolution at a regularly held meeting not to re-engage for the following year a person holding a pedagogical or educational position, shall, at least sixty days before the date of expiration of the engagement of such person or, in the case of an engagement terminating at the end of a school year, before the 1st of May preceding the end of such school year, notify him in writing of their intention to terminate the said engagement, but need not in such notice assign any cause therefor. (Form 18).

They shall, however, upon the written and personal request of such person delivered at least forty-five days before the date of expiration of his engagement or, in the case of an engagement terminating at the end of a school year, before the fifteenth of May preceding the end of such school year, give him in writing within the fifteen days following the expiry of such forty-five days’ delay, or in the case of an engagement terminating at the end of a school year, before the 31st of May, the reasons for their decision, but no right of action shall result from reasons so given in good faith.

Such person, if he is of the opinion that the procedure provided in this section for the non-renewal of his contract has not been followed, may submit a grievance to arbitration. If he contests the reasons given by the school commissioners or trustees, he may also submit a grievance to arbitration, but he may do so only if he has been in the employ of a school board, a school administered by a government department, or another educational institution designated by the Minister, in which such person has held a pedagogical or educational position for three periods of eight months or more, each of which was contained in a separate year of engagement comprised in a continuous period of not more than five years. A collective agreement or an individual contract of employment may stipulate, for the purposes of the application of this paragraph, that periods of absence be deemed periods of employment in a pedagogical or educational position.

The grievance shall be submitted to arbitration not later than on the date of the termination of the contract of engagement of such person in accordance with the procedure prescribed in the collective agreement governing the parties or, failing such agreement or if it does not provide therefor, in accordance with sections 100 to 102 of the Labour Code.

The council of arbitration seized of the grievance shall determine whether the procedure prescribed for the termination of the engagement has been followed and, if necessary, whether the reasons on which the decision of the school commissioners or trustees is based are well founded. If such procedure has not been followed or if, as the case may be, the reasons on which the decision of the school commissioners or trustees is based are not well founded, the council of arbitration may set aside the decision of the school commissioners or trustees, order that the person concerned be reinstated in his duties and determine if need be the amount of the compensation to which such person is entitled.

A provision contained in a collective agreement made in accordance with section 15 of chapter 63 of the statutes of 1966/1967 and which enables a person contemplated in the third paragraph to submit a grievance to arbitration shall be valid even if such person has been employed by a school board as a teacher for a shorter period than that contemplated in the said paragraph.

R. S. 1964, c. 235, s. 219; 1965 (1st sess.), c. 67, s. 7; 1969, c. 67, s. 7.