Mr. Speaker, Return to Written Question 12-13(4) asked by Mr. Picco to the Minister of Education, Culture and Employment concerning ministerial authorities under Education Act, 1996.

On February 5, 1997, the Member for Iqaluit asked a number of questions concerning the term of employment of principals.

1. Why has the Minister chosen to impose the length of the term of the (principals') contracts on the District Education Authorities, instead of allowing individual authorities to exercise the responsibility clearly given to them under the Act?

Prior to the Education Act coming into force on July 1, 1996, principals were hired on an indeterminate basis. Section 63 of the Act now imposes a significant change to a principal's term of employment, that change being an imposition of a term of up to five years in length. The department sought labour relations advice and was advised such a change to a principal's term of employment required a fair and proper period of notice. Providing notice in January, 1997 of the beginning of a five year term running from July 1, 1997 to June 30, 2002 was considered to meet this notice requirement.

District Education Authorities still have the opportunity to use section 63(6) if they wish to terminate a principal's term prior to the expiration of five years. This section states that a superintendent may terminate a principal's term by giving written notice to the principal 60 days prior to the closing day of the school in which the principal is employed. This provision must be read together with the Collective Agreement Between the Northwest Territories Teachers' Association and the chairman of the Financial Management Board for the Government of the Northwest Territories. It states the employer may terminate the contract of employment of teachers/principals where they obtain the mutual consent of both parties, or where there is just cause or incompetence.

2. Why did the Minister choose a five-year term instead of a three-year, or two-year term?

The changes to the indeterminate status of a principal's term required a significant period of notice to be provided to principals. The department was advised that the five-year term met that notice requirement.

3. What provisions are in the new Act to allow the Local Education Authorities to dismiss a principal considering these new hiring practices?

Dismissal of a principal is not covered specifically in the Act. Generally a dismissal would be governed by the facts of the situation, adherence to appropriate policy and terms of the Collective Agreement and an observance of the principles of administrative fairness.

If a superintendent wished to terminate a principal's contract then section 63(6) directs the principal must receive written notice 60 days prior to the closing day of the school in which the principal is employed. The termination would have to be carried out with mutual consent or would have to be justified by just cause or incompetence.

Section 63(7) of the Act states the termination of a principal's contract would not terminate the individual's contract as a teacher, if the principal was in a teaching position prior to being hired as a principal.