O. Reg. 376/15: HIRING PRACTICES
filed December 3, 2015 under Education Act, R.S.O. 1990, c. E.2
Skip to contentontario regulation 376/15
made under the
Education Act
Made: November 9, 2015
Approved: November 25, 2015
Filed: December 3, 2015
Published on e-Laws: December 4, 2015
Printed in The Ontario Gazette: December 19, 2015
Amending O. Reg. 274/12
(HIRING PRACTICES)
1. Ontario Regulation 274/12 is amended by adding the following heading before section 1:
PART 1
General RULES
2. (1) The definition of “long-term occasional teachers list” in subsection 1 (1) of the Regulation is amended by striking out “section 4” at the end and substituting “sections 4 and 10”.
(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:
“OECTA” means the Ontario English Catholic Teachers’ Association;
3. The Regulation is amended by adding the following section:
Application
1.1 (1) The application of the sections of this Regulation to the hiring of an occasional teacher is determined by the bargaining unit to which the teacher belongs, and in particular,
(a) sections 1 to 3 apply to the hiring of all occasional teachers, subject to section 9;
(b) sections 4 to 8 apply to the hiring of occasional teachers other than occasional teachers in bargaining units represented by OECTA, subject to section 9; and
(c) sections 10 to 15 apply to the hiring of occasional teachers in bargaining units represented by OECTA.
(2) References in sections 4 to 15 to long-term assignments and permanent teaching positions are references to such positions that are to be filled by occasional teachers in bargaining units represented by the relevant bargaining agency.
4. Subsection 4 (1) of the Regulation is amended by striking out “Every board” at the beginning and substituting “Every board to which this Part applies”.
5. Section 10 of the Regulation is revoked and the following substituted:
PART 2
RULES Re Occasional Teachers represented by oecta
Long-term occasional teachers list
10. (1) Every board to which this Part applies shall establish and maintain a long-term occasional teachers list for occasional teachers in bargaining units represented by OECTA.
(2) An occasional teacher may apply to the board to be placed on the list and the board shall grant the teacher an interview if,
(a) the teacher has been on the board’s roster of occasional teachers for at least 10 months; and
(b) the teacher has taught as an occasional teacher in one or more schools of the board for at least 20 full days during a 10-month period that is within the five years immediately preceding the day the application is submitted.
(3) If the person or panel that conducts the interview recommends that the board place the teacher on the list, the board shall do so.
(4) The board shall post the list on its website and shall ensure that the list is updated regularly.
(5) The processes described in subsections (2) and (3) shall occur,
(a) at least two times each year at such times as are mutually agreed to by the board and OECTA; or
(b) where no such agreement is made, in May and November each year.
Assignments or appointments to long-term assignments
11. (1) If a board is a party to a written agreement with a bargaining unit represented by OECTA, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a long-term assignment before completing that process.
(2) If a long-term assignment is not filled under the process referred to in subsection (1),
(a) section 12 applies for long-term assignments that are 30 school days or less; and
(b) section 13 applies for long-term assignments that are longer than 30 school days.
Assignment 30 school days or less
12. (1) For a long-term assignment that is 30 school days or less,
(a) the board shall not post notice of the position on the board’s website; and
(b) the board shall fill the position in accordance with subsections (2) to (8).
(2) The board shall offer the position to one of the five most senior qualified occasional teachers from the long-term occasional teachers list who are available for the position, and shall not interview the teacher before making the offer.
(3) If the occasional teacher who is offered the position under subsection (2) turns it down, the board shall offer the position to each of the other five teachers, one at a time, until a teacher accepts it.
(4) If fewer than five teachers satisfy the description set out in subsection (2), the board is required to offer the position only to those teachers.
(5) If the position remains unfilled after completing the process set out in subsections (2) to (4), the board shall repeat the process with the next five most senior qualified occasional teachers from the long-term occasional teachers list who are available for the position and then the next five, and so on, until a teacher accepts the position.
(6) If the position remains unfilled after completing the process set out in subsection (5), the board shall use the same process as set out in subsections (2) to (5) with the roster of occasional teachers.
(7) If the position remains unfilled after completing the process set out in subsection (6), the board shall fill the position without regard to whether or not a teacher is an occasional teacher in a bargaining unit represented by OECTA.
(8) An occasional teacher is available for the purposes of filling a long-term assignment in accordance with the steps set out in subsections (2) to (7) if the teacher has not already been assigned to another long-term assignment that overlaps with the term of the position that is being filled.
(9) The board shall provide information related to long-term assignments to occasional teachers in bargaining units represented by OECTA.
Assignment longer than 30 school days
13. (1) For a long-term assignment that is longer than 30 school days,
(a) the board shall post notice of the position on the board’s website; and
(b) after the notice has been posted for at least three weekdays, the board shall fill the position in accordance with subsections (2) to (6).
(2) The board shall interview the five teachers from the long-term occasional teachers list who,
(a) have the required qualifications for the position;
(b) have the highest ranking under section 2; and
(c) have agreed to be interviewed.
(3) If fewer than five teachers on the list satisfy the criteria set out in clauses (2) (a) and (c), the board is required under subsection (2) to interview only those teachers.
(4) The board shall offer the position to each teacher interviewed in accordance with subsections (2) and (3), one at a time, until a teacher accepts it.
(5) If the position remains unfilled after completing the process set out in subsections (2), (3) and (4), the board shall interview a selection of the teachers from the long-term occasional teachers list who applied for the position and have the required qualifications for the position, and make an offer.
(6) If the position remains unfilled after completing the process set out in subsection (5), the board shall interview a selection of the teachers from the roster of occasional teachers who applied for the position and have the required qualifications for the position, and make an offer.
Assignments or appointments to permanent positions
14. (1) If a board is a party to a written agreement with a bargaining unit represented by OECTA, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a permanent position before completing that process.
(2) If a permanent position is not filled under the process referred to in subsection (1),
(a) the board shall post notice of the position on the board’s website; and
(b) after the notice has been posted for at least five weekdays, the board shall fill the position in accordance with subsections (3) to (5).
(3) The board shall interview the five teachers from the long-term occasional teachers list who,
(a) have completed a long-term assignment in a school of the board that was at least four months long and in respect of which the teacher has not received an unsatisfactory evaluation;
(b) have the required qualifications for the position;
(c) have the highest ranking under section 2; and
(d) have agreed to be interviewed.
(4) If fewer than five teachers on the list satisfy the criteria set out in clauses (3) (a), (b) and (d), the board is required under subsection (3) to interview only those teachers.
(5) The board shall offer the position to each teacher interviewed in accordance with subsections (3) and (4) and shall not interview or make an offer to any other person to fill the position unless none of them have accepted it.
Rights of unsuccessful candidates
15. If following an interview a teacher is not placed on the long-term occasional teachers list or appointed or assigned to a long-term assignment or permanent position, the teacher is entitled, on request, to meet with the person or panel that conducted the interview to discuss,
(a) his or her performance during the interview;
(b) measures he or she could take to enhance his or her professional qualifications; and
(c) other ways to improve his or her chance of being successful in a similar interview in the future.
Commencement
6. This Regulation comes into force on the day it is filed.
Made by:
Pris par :
La ministre de l’Éducation,
Liz Sandals
Minister of Education
Date made: November 9, 2015.
Pris le : 9 novembre 2015.