Part 7 — Education Professions and Occupations Division 1 Responsibilities
225.99993 Duty to Report Duty to report complaint
(a) "administrator" means
(i) in the case of a school op erated by a board, Francophone
regional authority or operator of a charter school,
(A) the superintendent appointed under this Act for the
board, Francophone regional authority or charter
school, or
(B) in respect of a matte r that relates to the
superintendent,
(I) the chair of the board or Francophone regional
authority, or
(II) the operator of the charter school,
(ii) in the case of an early childhood services program
provided by a person other than a board or an
independent school,
(A) if the person providing the early childhood services
program is an individual, that individual, or
(B) if the person providing the early childhood services
program is not an individual, the chair of the board of
the society under the Societies Act, the non-profit
company under Part 9 of the Companies Act or the
non-profit corporation incorporated by or under an
Act of the Legislature that is providing the early
childhood services program,
o r
(iii) in the case of an independent school,
(A) if the person responsible for the operation of the
independent school is an individual, that individual,
or
(B) if the person responsible for the operation of the
independent school is not an individual, the chair of
the board of the society under the Societies Act, the
non-profit company under Part 9 of the Companies
Act or the non-profit corporation incorporated by or
under an Act of the Legislature that is responsible for
the operation of the independent school;
(b) "employer" means a board, a person responsible for the
operation of an independent school, the operator of a charter
school, a Francophone regional authority or a person other
than a board or an independent school providing an early
childhood services program.
(2) An administrator shall make a complaint under section 225.91
about a teacher's or teacher leader's conduct if
(a) a teacher or teacher lead er employed by an employer
(i) is placed on non-t eaching duties or non-leadership duties
by the employer,
(ii) is suspended from employment,
(iii) is terminated from employment,
(iv) resigns from employment,
(v) retires from employment, or
(vi) is subject to other consequences with respect to
employment,
a n d
(b) the action in clause (a) re sults from conduct that brings into
question the suitability of the teacher or teacher leader to
hold one or more certificates issued under this Act.
(3) Where the complaint is in respect of a teacher or teacher leader
who is terminated from employment, the Commissioner shall not
take any action under section 225.94 with respect to the complaint
until
(a) any appeal to the Board of Reference or to the Court of
Appeal relating to the teacher's or teacher leader's
termination from employment has been heard and disposed
of, or
(b) the time for commencing an appeal to the Board of
Reference or to the Court of Appeal relating to the teacher's
or teacher leader's termination from employment has
expired without an appeal being commenced.
(4) No action lies against any of the following in respect of any
complaint made in accordance with subsection (2) in good faith
when acting or purporting to act under this Act or the regulations:
(a) an administrator;
(b) a person appointed as an official trustee;
(c) a person who acts on the instruction of, or under the
supervision of, a person referred to in clause (a) or (b).
(5) No action for defamation may be founded on a complaint made
in accordance with subsection (2) in good faith.
(6) Repealed 2025 c6 s30.
2022 c7 s12;2025 c6 s30