Other legislation

Legislative changes

Children First Act

The Children First Act (CFA) supports the health, safety, education, security and well-being of children by providing collection, use and disclosure authorities in addition to those that are currently in the Freedom of Information and Protection of Privacy Act (FOIP Act) and the Health Information Act (HIA).

Child, Youth and Family Enhancement Act

The Child, Youth and Family Enhancement Act imposes the duty to report on a person who believes a child is in need of intervention. Section 4 of the Child, Youth and Family Enhancement Act states the following:

Reporting child in need

4(1) Any person who has reasonable and probable grounds to believe that a child is in need of intervention shall forthwith report the matter to

• (a) a director, or
• (b) a police officer.

• (1.1) A referral received pursuant to section 35 of the Youth Criminal Justice Act (Canada) is deemed to be a report made under subsection (1).
• (1.2) A police officer who receives a report pursuant to subsection (1)(b) shall report the matter to a director as soon as practicable.

(2) Subsection (1) applies notwithstanding that the information on which the belief is founded is confidential and its disclosure is prohibited under any other Act.

(3) This section does not apply to information that is privileged as a result of a solicitor-client relationship.

(4) No action lies against a person reporting pursuant to this section, including a person who reports information referred to in subsection (3), unless the reporting is done maliciously or without reasonable and probable grounds for the belief.

(5) Notwithstanding and in addition to any other penalty provided by this Act, if a director has reasonable and probable grounds to believe that a person has not complied with subsection (1) and that person is registered under an Act regulating a profession or occupation prescribed in the regulations, the director shall advise the appropriate governing body of that profession or occupation of the failure to comply.

(6) Any person who fails to comply with subsection (1) is guilty of an offence and liable to a fine of not more than $10 000 or to imprisonment for a term of not more than 6 months, or to both a fine and imprisonment.

For more information, see the Duty to Report section or contact School and Community Supports. For contact information, see Appendix 1.

Freedom of Information and Protection of Privacy Act

The Freedom of Information and Protection of Privacy Act (FOIP) sets out the requirements that school jurisdictions must follow to provide a right of access to records and to protect the privacy of individuals by controlling the manner in which personal information is collected, used and disclosed. For more information, visit the FOIP website.

Personal Information Protection Act

The Personal Information Protection Act (PIPA) governs the collection, use and disclosure of personal information by private schools and private ECS operators and the right of an individual to have access to their own personal information. For more information, visit the PIPA website.

Protection of Students with Life-threatening Allergies Act

The Protection of Students with Life-threatening Allergies Act came into force on January 1, 2020 and contains requirements for how schools can support students with life-threatening allergies at school.

The Act applies to public and separate school divisions, Francophone regional authorities, private schools and public charter schools. For more information, visit Students with medical needs on Alberta.ca.

Public Health Act

The Public Health Act regulates Alberta’s public health policy practices.

Provision of information by Minister of Education

18.2 (1) The Minister may require the Minister of Education to provide to the Minister, in the form and manner and within the time specified, the information set out in subsection (2) that is in the custody or under the control of the Department of Education, for the purpose of contacting a parent or guardian of a student, or contacting an independent student, respecting voluntary health programs, including immunization, hearing, vision, speech and dental health programs, and for the purpose of communicable diseases control.

(2) For the purposes of subsection (1), the Minister may require the following information to be provided:

• (a) a student’s name, address, postal code, date of birth, sex, grade level and school;
• (b) the name, address, postal code, telephone number and electronic address
  • (i) of the parent or guardian of a student other than an independent student, or
  • (ii) of an independent student;
• (c) any other information prescribed in the regulations.

Public Interest Disclosure (Whistleblower Protection) Act

The Public Interest Disclosure Act (PIDA) facilitates the disclosure of wrongdoing and protects those who make disclosures from reprisals. The Act applies to public entities in Alberta, including public, separate, Francophone, public charter and accredited-funded private school authorities. For more information, visit Alberta’s Public Interest Commissioner website.

Remembrance Day Act

The Remembrance Day Act outlines the requirements for the observance of Remembrance Day in schools.

School remembrance ceremony

1(1) A board, as defined in the Education Act, shall on Remembrance Day, with respect to each of its schools,

• (a) arrange for a remembrance ceremony that will encompass at least the time period from 11:00 a.m. to 11:05 a.m., or
• (b) ensure the observance of 2 minutes’ silence from 11:00 a.m. to 11:02 a.m.

(2) If a ceremony referred to in subsection (1)(a) is held at a school, all pupils shall either attend the ceremony or remain in the school, silent, during the ceremony.

(3) If Remembrance Day falls on a day on which the school is not open, the board shall comply with subsection (1) on the school day immediately preceding Remembrance Day.

Teaching Profession Act

Introduction

The Teaching Profession Act establishes The Alberta Teachers’ Association (ATA) as a corporation that advances education in Alberta, including improvements in the teaching profession and increasing public interest in, and awareness of, important education matters. The Act identifies the ATA’s responsibilities, as well as outlines ATA membership requirements and governance of the Association.

Updates

Effective January 1, 2023, under the Teaching Profession Act, the Alberta Teachers' Association (ATA) no longer oversees complaints of alleged unprofessional conduct or professional practice made against their active members.

The ATA Code of Professional Conduct is also no longer in effect.

On January 1, 2023, a new professional discipline model for teachers and teacher leaders was introduced that includes a single code of conduct that applies to all teachers and teacher leaders regardless of where they are employed. The new model for teacher and teacher leader professionalism is overseen by the Alberta Teaching Profession Commissioner.

Under the Education Act the same professional discipline process now applies equally to all teachers and teacher leaders, whether they are members of the Alberta Teachers' Association, the College of Alberta School Superintendents or employed in a public, separate, francophone, independent, charter or First Nations school or early childhood service program established under the Education Act.

The Alberta Teaching Profession Commission now oversees all conduct or competency complaints made against Alberta certificated teachers or teacher leaders.

A transitional period built into and defined in the Education Act Transitional Regulation will be in effect until June 30, 2023. Additional details on this legislation can be found online.