The Registered Music Teachers Act

Transcription

1 The Registered Music Teachers Act UNEDITED being Chapter 314 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title THE ASSOCIATION 2 Incorporation 3 Power to hold real and personal property 4 Bylaws EXECUTIVE COMMITTEE 5 Composition and election 6 Term of office 7 Vacancies 8 Bylaws, rules and regulations OFFICERS 9 Election and appointment MEMBERSHIP 10 Qualifications 11 Examining board 12 Use of designation USE OF DESIGNATION SUPPLEMENTAL 13 Bylaws, rules and regulations to be filed with Provincial Secretary 14 Effective date of bylaws, etc. 15 Effect of failure to file bylaw, etc. 16 Review by Legislative Assembly 17 Record of revocation and notification to association 18 Lists of members, etc., to be filed with Provincial Secretary 19 Additions to and alterations in lists filed in department 20 Report to Minister of Education where application for admission refused 21 Discipline

3 CHAPTER 314 An Act respecting The Saskatchewan Registered Music Teachers Association Short title 1 This Act may be cited as The Registered Music Teachers Act. R.S.S. 1965, c.314, s.1. THE ASSOCIATION Incorporation 2 The Saskatchewan Registered Music Teachers Association is continued as a body corporate and politic. R.S.S. 1953, c.283, s.2; R.S.S. 1965, c.314, s.2. Power to hold real and personal property 3 The association may acquire and hold real and personal property for its corporate purposes and may alienate, exchange, lease, mortgage or otherwise dispose of the same or any part thereof as occasion may require; and all fees, fines and penalties receivable or recoverable under this Act shall belong to and be the property of the association. R.S.S. 1953, c.283, s.3; R.S.S. 1965, c.314, s.3. Bylaws 4 The association may pass bylaws not inconsistent with this Act for: (a) the government and discipline of its members; (b) the management of its property; (c) the setting up and keeping of a register of its members and the admission of members, including the admission of duly qualified persons who have presented degrees, diplomas or certificates of proficiency from approved institutions for the training of teachers of music, or who have, in lieu thereof, passed such examinations as may be prescribed under this Act and met satisfactorily such other tests as may be so prescribed; (d) the recognition and affiliation with the association of local societies or associations composed of members of the association on such terms as may be specified in the bylaws; (e) such other purposes as may be necessary for the management and operation of the association and the conduct of its affairs. R.S.S. 1953, c.283, s.4; R.S.S. 1965, c.314, s.4.

4 4 c. 314 REGISTERED MUSIC TEACHERS EXECUTIVE COMMITTEE Composition and election 5(1) The affairs of the association shall be under the management of an executive committee composed of seven members who shall be elected annually at a meeting of the association called for that purpose, or at the annual meeting of the association, or in such manner as the bylaws may provide. (2) The election of the executive committee and all other questions voted on at a meeting of the association shall be decided by a plurality of the votes of the members present and entitled to vote, or in such manner as may be provided by bylaw. R.S.S. 1953, c.283, s.5; R.S.S. 1965, c.314, s.5. Term of office 6 Members of the executive committee shall remain in office for a period to be fixed by bylaw of the association and shall continue in office until their successors are elected. R.S.S. 1953, c.283, s.6; R.S.S. 1965, c.314, s.6. Vacancies 7 In case of a vacancy in the executive committee through the resignation or death of a member, or otherwise, the remaining members may fill the vacancy by the election of a duly qualified member of the association, who shall act until the next annual meeting. R.S.S. 1953, c.283, s.7; R.S.S. 1965, c.314, s.7. Bylaws, rules and regulations 8(1) The executive committee may make bylaws, rules and regulations, not contrary to law or to the provisions of this Act, for all purposes relating to the affairs, business and property of the association, its management, government, aims, objects and interests, including: (a) registration of members and the issue of registration certificates; (b) the appointment, functions, duties and removal of officers or servants of the association, and their remuneration; (c) the time at which and place where the annual meeting of the association shall be held; (d) the amount of and method of collecting the registration fee and the annual fee to be paid by members; (e) the suspension and expulsion of members and removal of names of expelled members from the register; (f) subject to section 11, the examination of applicants for registration; and (g) the conduct in all other particulars of the affairs of the association. (2) Such bylaws, rules and regulations, unless in the meantime confirmed by a general meeting of the association duly called for the purpose, shall respectively have force only until the next annual meeting following their approval, and in default of confirmation thereat shall be null and void. R.S.S. 1953, c.283, s.8; R.S.S. 1965, c.314, s.8.

5 REGISTERED MUSIC TEACHERS c OFFICERS Election and appointment 9 The officers of the association shall be such as are determined by bylaw of the association and shall be elected by the executive committee from among its members, provided that a secretary, a treasurer and a registrar or a secretary treasurer and a registrar may be appointed by the executive committee from outside the membership of the association. R.S.S. 1953, c.283, s.9; R.S.S. 1965, c.314, s.9. MEMBERSHIP Qualifications 10(1) The association shall consist of: (a) the present members; (b) all persons registered under the provisions of this Act. (2) Except as hereinbefore provided, no person shall be entitled to be registered as a member of the association unless he or she: (a) has been teaching music in a professional capacity and under conditions satisfactory to the board of examiners hereinafter mentioned for at least two years since receiving such degree, diploma or certificate as is required for membership; (b) is over twenty years of age; (c) has resided in Saskatchewan for at least six months immediately prior to making application for membership; (d) is of good moral character; and either (e) holds a diploma equivalent to at least that of the associate or licentiate grade issued by the Western Board of Music (Universities and Departments of Education of Alberta, Manitoba, Saskatchewan), the Toronto Conservatory of Music, the McGill University Conservatorium of Music, Trinity College, London, England, any one of the Royal Schools of Music, London, England, or any university or School of Music recommended by the executive committee of the association and approved by the Senate of the University of Saskatchewan; or (f) has passed such tests and examinations and satisfied such conditions as to teaching experience as may be required by the board of examiners hereinafter mentioned. (3) Applications for registration shall be made in writing to the registrar or the secretary and shall be accompanied by the registration fee fixed by bylaw or regulation of the association. R.S.S. 1953, c.283, s.10; R.S.S. 1965, c.314, s.10.

6 6 c. 314 REGISTERED MUSIC TEACHERS Examining board 11(1) All examinations, tests, recognition of certificates and diplomas and matters pertaining thereto shall be held, done, conducted and determined by a board of three examiners appointed by the Senate of The University of Saskatchewan after consultation with the executive committee or a duly authorized representative thereof. (2) The Senate may, after consultation with the executive committee or a duly authorized representative thereof, make regulations governing the conduct of examinations and prescribing the fees payable by candidates. (3) The registrar of the university shall report the results of all examinations to the registrar of the association. R.S.S. 1953, c.283, s.11; R.S.S. 1965, c.314, s.11. USE OF DESIGNATION Use of designation 12 Every person registered under this Act shall, so long as his or her name remains on the register, be entitled to use the designation, Registered Music Teacher or the abbreviation R.M.T., and any unregistered person who assumes such designation or title or uses the abbreviation R.M.T., or in any manner represents that he or she is a registered music teacher, or who by false or fraudulent declaration or statement attempts to procure registration under this Act, is guilty of an offence and liable on summary conviction to a fine or not less than $5 nor more than $25 and in default of payment to imprisonment for a period not exceeding one month. SUPPLEMENTAL R.S.S. 1953, c.283, s.12; R.S.S. 1965, c.314, s.12. Bylaws, rules and regulations to be filed with Provincial Secretary 13(1) The association shall file in the Department of the Provincial Secretary two copies, certified by the registrar to be true copies, of: (a) all bylaws, rules and regulations hereafter made under this Act; (b) all amendments made to such bylaws, rules and regulations; (c) all amendments hereafter made to bylaws, rules and regulations and to amendments thereto made before the twenty-fifth day of March, 1948; within thirty days after they are made. (2) Where the association adopts a code of ethics governing its members, and subscription thereto or observance thereof is a condition of membership, the code of ethics shall for the purposes of this section and sections 14, 15, 16 and 17 be deemed to be a bylaw made under this Act. (3) Where a bylaw, rule or regulation is hereafter amended, two copies thereof shall be filed with the amendment. R.S.S. 1953, c.283, s.13; R.S.S. 1965, c.314, s.13.

7 REGISTERED MUSIC TEACHERS c Effective date of bylaws, etc. 14 All bylaws, rules, regulations and amendments thereto hereafter made shall take effect upon the making thereof or on a date stated therein for the purpose. R.S.S. 1953, c.283, s.14; R.S.S. 1965, c.314, s.14. Effect of failure to file bylaw, etc. 15 Failure to file any bylaw, rule, regulation or amendment as required by section 13 shall render the bylaw, rule, regulation or amendment ineffective as from the expiration of the time allowed for filing it and it shall be deemed to have been revoked. R.S.S. 1953, c.283, s.15; R.S.S. 1965, c.314, s.15. Review by Legislative Assembly 16(1) One copy of all bylaws, rules and regulations and amendments thereto filed in the Department of the Provincial Secretary as required by section 13 shall be laid before the Legislative Assembly forthwith if the Assembly is then in session or, if the Assembly is not then in session, within fifteen days from the commencement of its next session. (2) Where any bylaw, rule or regulation or any amendment thereto laid before the Legislative Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, such bylaw, rule, regulation or amendment shall thereupon cease to have any effect and be deemed to have been revoked. R.S.S. 1953, c.283, s.16; R.S.S. 1965, c.314, s.16. Record of revocation and notification to association 17(1) Where it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw, rule or regulation or amendment thereto has ceased to have effect, the Clerk of the Assembly shall forthwith forward two copies of such Votes and Proceedings to the Deputy Provincial Secretary and at the same time advise him that the copies are forwarded pursuant to this subsection. (2) Upon receipt of such copies the Deputy Provincial Secretary shall file one of the copies with the bylaw, rule, regulation or amendment to which it relates and forthwith forward the other copy to the association and at the same time advise the association that the copy is forwarded pursuant to this subsection. R.S.S. 1953, c.283, s.17; R.S.S. 1965, c.314, s.17. Lists of members, etc., to be filed with Provincial Secretary 18 The association shall, before the first day of February in each year, file in the Department of the Provincial Secretary a return, certified by the registrar to be correct, showing: (a) the names and addresses and dates of admission to membership in the association of all persons who became members during the preceding year; (b) the names of all persons whose names were removed from the register or who were suspended or otherwise ceased to be members in good standing during that year;

8 8 c. 314 REGISTERED MUSIC TEACHERS (c) the names of all persons whose names were restored to the register during that year; (d) any known changes in the addresses of members. R.S.S. 1953, c.283, s.18; R.S.S. 1965, c.314, s.18. Additions to and alterations in lists filed in department 19 Upon receipt of the return required by section 18 the Provincial Secretary shall cause the list of music teachers on file in his department to be amended by the addition or insertion of appropriate entries in accordance with the information contained in the return. R.S.S. 1953, c.283, s.19; R.S.S. 1965, c.314, s.19. Report to Minister of Education where application for admission refused 20 Where an application for reinstatement or for admission to membership in the association is made in compliance with this Act and the bylaws, rules and regulations and is refused, the association shall within seven days thereafter forward by registered mail to the Minister of Education a report setting forth the circumstances and stating the reasons for the refusal. R.S.S. 1953, c.283, s.20; R.S.S. 1965, c.314, s.20. Discipline 21(1) Where the executive committee orders that the name of a member be removed from the register or that a member be suspended from practising, the association shall within fourteen days after the date on which the order is made forward by registered mail to the Minister of Education a copy, certified by the registrar of the association to be a true copy, of the complaint, any report upon the conduct of the member and the order of the executive committee, and shall furnish the minister with such relative information as he may require. (2) If the minister is of opinion that the order is unjust or contrary to the public interest, he may: (a) request the executive committee to reconsider the case and its findings thereon; (b) if the committee and the person whose conduct is under inquiry agree, appoint a board of arbitration consisting of one member nominated by the committee, one nominated by the person whose conduct is under inquiry and one appointed by the Lieutenant Governor in Council to review or rehear the case and render decision thereon; or (c) institute an appeal to a judge of the Court of Queen s Bench. (3) Nothing in this section shall prejudice any existing right of appeal. R.S.S. 1953, c.283, s.21; R.S.S. 1965, c.314, s.21. Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER Copyright 2013