The Registrar/Director - Teacher Certification strongly recommends that recently certified teachers who are dissatisfied with the outcome of a certification decision should contact the Office of Teacher Certification to discuss the decision prior to proceeding with a formal appeal.
The appeals process should determine if the Office of Teacher Certification has applied the GIC Education Regulations appropriately. An informal discussion often clarifies issues related to regulatory compliance, policy application and potential for review of a decision before formal appeal.
As per subsection 17(6) of the Governor-in-Council Education Act Regulations, an applicant has 180 days from the date of a decision of the Minister of the Department of Education to request a review of that decision by the Certification Appeals Committee.
- In this Section,.
- “applicant” means a person who applies to the Minister for any class of teacher’s certificate; and
- “review” means a review by the Certification Appeals Committee of a decision by the Minister to refuse an application for a class of teacher’s certificate.
- The Minister may refuse to grant a class of teacher’s certificate an applicant has applied for if the Minister has reasonable grounds to believe that the applicant does not fulfill the requirements specified in these regulations for the granting of the certificate.
- If the Minister refuses an application for a class of teacher’s certificate, the Minister shall notify the applicant in writing of the refusal and the reasons for the refusal by ordinary mail no later than 45 days after the date the Minister received the application.
- Subsection (3) does not apply if the Minister refuses to grant a class of teacher’s certificate an applicant has applied for by reason that the applicant’s teacher’s certificate is suspended or cancelled.
- A notice under subsection (3) shall state that the applicant may request a review in accordance with subsection (6) and shall specify any written submissions that the Certification Appeals Committee requires for the review.
- A request for review must be:
- in writing;
- accompanied by any written submissions required by the Certification Appeals Committee, as specified in the notice to the applicant in accordance with subsection (5); and
- received by the Minister no later than 180 days after the date of the notice to the applicant under subsection (3).
- Except as provided in subsection (8), and subject to subsection (10), if an applicant requests a review, the Certification Appeals Committee must conduct a review.
- The Certification Appeals Committee may refuse to conduct a review if in its opinion the request for review is frivolous, vexatious, an abuse of process, not submitted in accordance with this Section, or outside the jurisdiction of the Committee.
- At an applicant’s request, the Certification Appeals Committee may extend the time prescribed in clause (6)(c) for requesting a review if it is satisfied that there are apparent grounds for recommending relief and that there are reasonable grounds to grant the extension.
- The Certification Appeals Committee shall ensure that both an applicant who requests a review and the Minister are given at least 14 days in which to examine and to make submissions on any document that the Committee intends to consider when it conducts the review.
- The Certification Appeals Committee shall schedule a date for a review on being satisfied of all of the following:
- the applicant has complied with the requirements of this Section in requesting the review;
- both the applicant and the Minister have had at least 14 days in which to examine all the documents in accordance with subsection (10);
- the review is one that should proceed according to this Section.
- An applicant for whom a review is conducted may attend the review, may be accompanied by another person at the review, or may be represented by another person at the review.
- On completing a review, and no later than 10 days after the date the Certification Appeals Committee makes its final decision, the Committee must make a recommendation in writing to the Minister, including its reasons for the recommendation, to do one of the following:
- grant the class of teacher’s certificate applied for;
- grant the class of teacher’s certificate applied for after the applicant fulfills conditions specified by the Committee, including certain of the requirements specified in these regulations for the granting of the class of certificate applied for;
- refuse to grant the class of teacher’s certificate applied for.
- The Minister shall consider the recommendation of the Certification Appeals Committee and advise the Committee of the decision of the Minister.
- The chair of the Certification Appeals Committee shall notify the applicant of the decision of the Minister by providing the applicant with a copy of the Committee’s recommendation and the Minister’s decision no later than 30 days after the date the Committee makes its recommendation to the Minister.
Section 17 replaced: O.I.C. 2008-282, N.S. Reg. 281/2008.
To request a review, please submit the above noted information to:
Certification Appeals Committee
Department of Education and Early Childhood Development
PO Box 578
Halifax NS B3J 2S9