Part 7 — Education Professions and Occupations Division 1 Responsibilities
225.994 Consent resolution agreement
(a) be in writing,
(b) be entered into between
(i) the teacher or teacher lead er who is the subject of the
complaint,
(ii) the Commissioner, and
(iii) the Registrar,
(c) set out one or more admi ssions by the teacher or teacher
leader of professional incompetence or unprofessional
conduct in relation to one or more matters raised in the
complaint,
(d) set out one or more of the following penalties agreed on by
the parties:
(i) a letter of reprimand;
(ii) an order to undertake professional development;
(iii) a recommendation to the Minister to suspend or cancel
one or more of the certificates of the teacher or teacher
leader, with or without conditions;
(iv) any other penalty prescribed by the regulations,
a n d
(e) contain any other information prescribed by the regulation s.
(2) Where a consent resolution agreement contains a
recommendation under subsection (1)(d)(iii), the Commissioner
shall send the consent resolution agreement to the Minister.
(3) On receiving a recommendation under subsection (1)(d)(iii),
the Minister may do one or more of the following, whether or not it
is the recommendation set out in the consent resolution agreement:
(a) dismiss the complaint;
(b) issue a letter of reprimand to the teacher or teacher leader;
(c) suspend one or more certifi cates of the teacher or teacher
leader, with or without conditions;
(d) cancel one or more certifi cates of the teacher or teacher
leader, with or without conditions;
(e) order that the teacher or t eacher leader be ineligible for one
or more certificates for a definite or indefinite period, with
or without conditions.
(4) Where the Minister dismisses a complaint under subsection
(3)(a), the consent resolution agreement is void.
(5) Subject to subsections (3) and (4), after a consent resolution
agreement is entered into under this section, no further action may
be taken under this Division with respect to the matters contained
in the consent resolution agreement unless the teacher or teacher
leader fails to comply with the consent resolution agreement.
(6) In a proceeding, other than a criminal proceeding, unless
agreed to by the Commissioner, Registrar and teacher or teacher
leader, an individual shall not disclose or be compelled to disclose
a document or other record created specifically for the purposes of
entering into a consent resolution agreement.
(7) If the Commissioner, the Registrar and the teacher or teacher
leader fail to enter into a consent resolution agreement, the
Commissioner shall direct the chair of the panel to establish a
hearing committee under section 225.9 and refer the complaint to
the hearing committee for a hearing under section 225.996.
(8) A hearing committee to which a complaint is referred under
subsection (7) shall not consider any admissions made, any
information provided or any documents or other records created or
provided during the parties' attempt to enter into the consent
resolution agreement, other than the investigator's report.
2022 c7 s12