Tentative Agreement Summary

Provincial
Contract
Negotiations
2017
between
Nova Scotia Teachers Union
Minister of Education and Early Childhood
Development of the Province of Nova Scotia

 2
Please find outlined below the final disposition of proposals as agreed to by the NSTU (the Union) and the Minister of Education
and Early Childhood Development (Employer). For the purpose of clarity, the following points should be noted:
1.
2.
3.
Article
31

Where a proposal is withdrawn by either the Union or the Employer the existing language of the Teachers’
Provincial Agreement remains unchanged.
Where the Union and the Employer have agreed to amend or change an article the amendment or change is noted
through the use of partial and bolded text. The new Teachers’ Provincial Agreement will contain the full text.
LOU is an acronym for Letter of Understanding
Title
Proposal
NEW/CHANGED ARTICLES SINCE SEPTEMBER 2, 2016 TENTATIVE AGREEMENT
Other Absences
31.10
(i)
(a) Effective August 1, 2017, permanent, probationary, and teachers
with a term contract of a minimum 175 days will be provided 2
days of leave with pay per school year for self-directed
preparation/development of the teacher.
(b) Effective the signing date of this agreement, permanent,
probationary, and teachers with a term contract of a minimum 175
days will be provided 1 day of leave with pay during the remainder
of
the
2016-2017
school
year
for
self-directed
preparation/development of the teacher.
(ii) Notwithstanding 31.10(i)(a), teachers eligible for leave pursuant to
31.10(i)(a) who teach less than the full year or less than full time shall
have such leave calculated according to the percentage that the number
of teaching and claimable days is to the number of days in the school
year. The amount so determined shall be rounded off to the nearest half
day.
(iii) Teachers cannot use leave pursuant to (i) during scheduled events that
cannot be adequately altered, which include:
(a)
(b)
(c)
(d)

parent/teacher interviews;
meet the teacher nights;
exam(s) written by their own students;
scheduled formal evaluations of the teacher.

(iv) Leave under (i):
(a)
(b)
(c)
(d)
(e)

shall be requested in advance;
can be taken in half day or full day increments;
is subject to the availability of a substitute teacher;
is subject to the requirement to appropriately staff the school;
cannot be contiguous with other time off (e.g., holidays, March
Break, long weekends, other approved time off). The foregoing may
be waived in special circumstances; and
(f) shall not be unreasonably denied.
The NSTU has received confirmation, in writing, that teachers will not be required to
provide reasons for such leave prior to or subsequent to the leave. However, a teacher
will have to provide an explanation of the special circumstances if requesting leave
under 31.10 (iv) (e). All such leave shall not be unreasonably denied.

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 3
Article
43

Title
Salary

Proposal
Schedules D & E to increase by:





59

Marking and
Preparation Time

Total salary increase 3.0% (3.02% compounded) over four (4) years.
59.05 Notwithstanding 59.01, if Appendix F allows marking and preparation time
to be scheduled during recess, marking and preparation shall not be
scheduled during recess unless it is combined with an adjoining class/period.
59.06

NEW

Partnership on
Systemic Working
Conditions

August 1, 2015 – 0%
August 1, 2016 – 0%
April 1, 2017 – 2%
April 1, 2018 – 1%

.01

A teacher who is required by the Principal to fill in when a substitute is not
hired pursuant to Article 32.23 (Substitute Teachers) of this Agreement shall
have any lost contractual marking and preparation banked to the teacher’s
credit. A teacher shall be entitled to substitute release time for marking and
preparation time in half day increments, scheduled at a mutually agreeable
time(s) (teacher must be at school).
The parties to this agreement shall establish a Partnership on Systemic
Working Conditions consisting of a maximum of three (3) representatives of
the Nova Scotia Teachers Union, a maximum of three (3) representatives of
the Department of Education and Early Childhood Development, and a
maximum of one (1) representative of each School Board.

.02

The purpose and mandate of the Partnership is to study and make
recommendations to the members of the Partnership for implementation on
systemic demands on teachers’ time that may limit teachers’ ability to
facilitate student learning and success.

.03

The Minister shall provide the Partnership with an annual budget to address
systemic working conditions. The Partnership shall develop a plan for the
expenditure of the allocated budget specific to the priority items in .08 and
.09.

.04

The Partnership shall be co-chaired by one representative from each of the
Department of Education and Early Childhood Development and the Nova
Scotia Teachers Union. The co-Chairs shall jointly report to the parties the
agreed recommendations of the Partnership.

.05

(i)
(ii)
(iii)
(iv)
(v)

.06

(i)
(ii)

The co-Chairs shall annually appoint, by mutual agreement, a
neutral facilitator, whose role is to assist the parties in effective
dialogue.
The facilitator shall attend all meetings of the Partnership unless the
co-Chairs mutually agree otherwise.
The initial facilitator shall be appointed within ninety (90) days of
signing of the Agreement.
Annual appointment of the facilitator shall occur by August 15 th of
each year.
Costs of the facilitator shall be equally shared by the parties to this
Agreement.
The Partnership shall meet, at a minimum, bi-monthly during the
school year unless the parties determine otherwise.
The co-Chairs shall set the meeting dates for each school year by
August 15th of the school year.

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 4
Article

Title

Proposal
(iii)

The co-Chairs shall set the agenda for each meeting at least two (2)
weeks prior to the meeting.

.07

Studies on any identified issues shall be completed within six (6) months of
the issue first being discussed by the Partnership or such other time period
as the Partnership may deem appropriate. Studies will be conducted by the
Partnership directly or by a working group struck through the Partnership.
Recommendations will be made on the basis of consensus. In the event that
the Partnership cannot reach consensus, recommendations may be made
with the agreement of both Co-Chairs.

.08

While not limiting the general mandate of the Partnership, the Employer
and the Union have agreed on a number of priority issues they wish the
Partnership to consider. The following areas shall comprise the Council’s
initial focus:
a.
b.
c.
d.
e.

Data collection and reporting
Scope of practice for teachers
Assessment and evaluation
Planning for student success
Technology and work processes

.09

The Partnership shall develop a process to identify any additional priority
areas which may be added, provided they are systemic in nature, for
consideration by the Partnership. Examples may include identified trends
and systemic issues from the Class Climate Review Teams and/or the
Working Conditions Review Teams.

.10

In the event that consensus or agreement on recommendations cannot be
reached in accordance with .07, either co-Chair may request that the
remaining dispute or barrier be forwarded to an Arbitrator in accordance
with this Article. Where the facilitator determines that all reasonable
attempts have been exhausted to form a recommendation, the facilitator shall
forward the dispute to the Arbitrator as set out below.
(i)
(ii)
(iii)
(iv)

(v)

The decision of the Arbitrator shall be final and binding upon all
parties concerned.
The Arbitrator shall not reach any decision inconsistent with the
terms and conditions of this Agreement, nor alter, amend, or modify
any of the provisions thereof.
The co-Chairs shall, annually, agree on a list of three (3) arbitrators.
The initial list of arbitrators is contained in Appendix G.
The co-Chair receiving the request for arbitration shall select the
arbitrator from the list of three (3) arbitrators identified in (iii). In
the event that the parties jointly request arbitration, the arbitrator
shall be mutually agreed on from the list of three (3) arbitrators
identified in (iii) or, if the parties cannot agree the arbitrator shall
be chosen by draw from the list of three (3) arbitrators.
The Arbitrator shall not have the authority to create, change, alter,
or modify policy. Creation of policy is within the exclusive
jurisdiction of the Minister or School Boards as appropriate.
Notwithstanding, in any dispute concerning the interpretation,
application, and administration of an existing policy, the Arbitrator
has the jurisdiction to interpret and apply the policy to the systemic
conditions which gave rise to the issues.

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 5
Article

Title

Proposal
(vi)

Matters referred to arbitration shall be heard on an expedited basis
with a hearing or submissions within thirty (30) days of the referral.
The arbitrator shall have full authority over the process. The
Arbitrator has no authority with respect to expenditure of monies
unless the following occurs:
(a) No expenditure proposal may be approved unless the subject
and specific proposal was presented to the Partnership,
pursuant to .08 and .09;
(b) The Arbitrator may not approve a proposal that causes the
Partnership to exceed its annual budget; and
(c) The Arbitrator may not approve any specific budget proposal
in excess of $250,000.00 in a school year.
(d) Notwithstanding I, the co-Chairs may agree to submit a specific
issue to arbitration in excess of the $250,000.00 limit.

(vii)
(viii)

The Arbitrator shall render a decision within thirty (30) days of
receipt of submissions, or such other period as the parties mutually
agree.
Costs of the Arbitrator shall be equally shared by the parties to this
Agreement.

Commitment, in writing, from Minister of Education and Early Childhood
Development to President of NSTU to provide new funding of $10 million in each of
the 2017-2018 and 2018-2019 school years to implement the decisions or
recommendations of the Partnership.

NEW

Assessment

NEW
LOU

Commission on
Inclusive
Education

The initial list of arbitrators is Bruce Outhouse, Lorraine Lafferty, and James
Musgrave.
.01
When a classroom teacher is required to perform Provincial or Board
mandated student assessments that require extended one-on-one studentteacher time, including, but not limited to, Oral Reading Assessments and
Observation Surveys, supervision of the remaining students shall be
provided by a substitute teacher unless the hiring of a substitute teacher is
not operationally required. The obligation to hire a substitute shall be
deemed to have been met in the event that a substitute is not available after
the Employer has made every reasonable effort to hire a substitute.
The parties are committed to Inclusive Education. The parties further recognize that
the current model of Inclusive Education needs improvement in order to provide a
quality education experience to meet the diverse needs of all students.
The parties agree to appoint a Commission to examine the current status of Inclusive
Education in the Nova Scotia education system and identify creative and sustainable
solutions to the challenges faced in delivering quality education for all students within
an inclusive education model where teachers feel prepared and supported and
children have a sense of belonging and are helped to achieve their full potential. The
parties agree that the Commission shall consider the appropriateness of current
policies related to Inclusive Education and recommend if such policies should be
retained, modified, or replaced.
.01

The parties agree to establish, within ninety (90) days of the signing of this
Agreement, a Commission on Inclusive Education.

.02

The Commission shall be comprised of:

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 6
Article

Title

Proposal





One (1) expert in the field of inclusive education appointed by the
Department of the Education and Early Childhood Development
One (1) expert in the field of inclusive education appointed by the Nova
Scotia Teachers Union
An independent chair, appointed by the parties, who is nationally
recognized as an expert in inclusive education.
None of the appointees shall be a member of the NSTU or an employee
of either party.

.03

Each party shall be responsible for the fees and expenses of their appointee.

.04

The Employer shall be responsible for the fees and expenses of the
independent chair.

.05

The Department of Education and Early Childhood Development and the
Nova Scotia Teachers Union shall each appoint a liaison to the Commission.
The Commission may tilize the liaisons as necessary.

.06

If the Commission determines it requires resources, including staff supports,
the Commission shall make a proposal for approval to the parties and, if
approved, the costs shall be shared equally by the parties. If the resources
referred to above includes staff from either party, the employing party shall
be responsible for the costs of that staff member.

.07

The Commission shall examine the current status of Inclusive Education in
Nova Scotia public schools.

.08

The Commission shall consult with the Department of Education and Early
Childhood Development, Nova Scotia Teachers Union, School Boards, and
any other relevant educational partners (including teachers, students, and
parents/guardians) as determined necessary by the Commission.

.09

The Commission shall:
 Provide a research based overview of the current practice and policy of
Inclusive Education to public school students in Nova Scotia including
each School Board.
 Conduct a comprehensive literature review of Inclusive Education.
 Identify challenges educators are facing in implementing Inclusive
Education.
 Identify areas of improvement in Provincial and School Board policies
related to Inclusive Education.
 After a provincial, national, and international research review, identify
and recommend best practices for implementation of Inclusive
Education.
 Provide recommendations on how the implementation of Inclusive
Education can be improved including, but not limited to:
o Funding
o Resources and resource allocation and accountability
o Professional Development
o Alignment of initiatives
o A mechanism for a regular review of Inclusive Education.
 Identify areas that would benefit further investigation.

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 7
Article

Title

Proposal


Develop a comprehensive strategic plan that will include measurable
education goals for the implementation of inclusive education and
specific recommendations to improve teaching and learning conditions
to support these measurable goals.

.10

The parties agree that the Department of Education and Early Childhood
Development will not make changes to the Provincial Special Education
Policy and any policies related to Inclusive Education and will direct School
Boards to not make changes to School Board policies related to Inclusive
Education until three (3) months following the tabling of the Commission’s
recommendations or such other time period as the parties agree.

.11

The final report of the Commission shall be presented to the parties within
one (1) year of the appointment of the Commission.

.12
NEW
LOU

Class Size

The recommendations of the Commission shall be forwarded to the
Partnership on Systemic Working Conditions for appropriate consideration
as per .07 in Article? – Partnership on Systemic Working Conditions.
The Department of Education and Early Childhood Development agrees to
maintain the existing class size guidelines for the 2017-2018 and 2018-2019 school
years only.
The class size guidelines are:
1.
2.
3.
4.
5.

6.

Classes for grades Primary to Two are capped at 20 students, with
flexibility. Creating combined classes or multi-age groupings are
appropriate to meet this cap.
Classes for grades Three to Six are capped at 25 students, with flexibility.
Creating combined classes or multi-age groupings are appropriate to meet
this cap.
Combined classes have multiple grade levels in one room. The cap for a
combined class shall be the cap for the lowest grade level.
Class caps are applicable to both English and French Immersion classes.
A class may exceed the class cap, in the following circumstances:
o School Capacity – When, in order to meet the class size target, the
creation of an additional class or classes is necessary and the school
does not have the space to accommodate the additional class(es),
the class cap shall not apply.
o Exceptional Circumstances – The class size cap can be exceeded in
exceptional circumstances in order to accommodate issues of class
configuration or class composition.
o When a class exceeds the class cap, the school is to review the class
size and the reasons therefore with their School Advisory Council.
Note that these caps shall apply on September 30th of the current school
year. It is understood that there may be enrolment fluctuations throughout
the year after this time.

The Employer agrees that class caps apply to all classes, at the applicable level, in all
School Boards.

NEW

PowerSchool

Flexibility as per points (1) and (2) above is defined as not more than two (2)
additional students per class.
The Department of Education and Early Childhood Development commits to
immediately investigate if PowerSchool can be globally configured to have a time
delay between entry of marks and availability of marks on the parent/student portals.

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 8
Article
Title
Proposal
Letter of
If such configuration is possible, the Department of Education and Early Childhood
Commitm
Development shall implement said time delay as soon as possible. The NSTU will be
ent
meaningfully consulted during the study for comments and input.
NEW/CHANGED ARTICLES PREVIOUSLY DESCRIBED IN SEPTEMBER 2, 2016 TENTATIVE AGREEMENT
8
Printing and
8.03
The Employer shall provide up to two thousand (2000) copies of this Agreement
Distribution of the
upon request to the Union.
Agreement
11
Duties of Teachers 11.01 It is the duty of a teacher in a public school to:
(xv)

12
18
25

Teacher’s Personal
Personnel
Employment File
Teaching
Experience
School Year

report immediately to the principal the existence of any infectious or
contagious disease in the school or the existence of any unsanitary
condition in the school buildings or surroundings, and perform such
duties as are from time to time prescribed by or under the Health
Protection Act;
Access to the file by the teacher or the teacher’s representative is now by request to the
Director of Human Resources rather than the Superintendent.
Article has been updated to remove references to years of service prior to August 1, 1958.
25.05

Days pursuant to 25.04 shall, with the approval of the School Board and the
Regional Education Officer, be designated for use as follows:
(i)

up to two (2) days per teacher per year for organization purposes;
(a) one hundred and twenty (120) minutes of the first day for
organization purposes of the school year shall be uninterrupted
time allocated for professional duties as determined by the
teacher.

School holidays include Labour Day, Thanksgiving Day, Heritage Day, Good
Friday, Easter Monday, Victoria Day, the day fixed by proclamation for
observance of the birthday of the reigning sovereign, and Remembrance Day
where Remembrance Day falls on a teaching day.
28.01 The Director of Human Resources shall grant a teacher up to eight (8) weeks of
unpaid leave, to be taken in blocks of not less than two weeks. Entitlement to the
leave shall be consistent with the Compassionate Care provisions of the
Employment Insurance Act and Regulations.
29.02 The leave may be divided as follows:
(i)
one (1) day during the confinement of the spouse within one (1) week
of the date of birth;
(ii)
the remainder of the leave shall be granted within six (6) weeks of the
day that the spouse is discharged from the hospital. In the event that
birth is at home, the six (6) week period shall begin from the date of birth.
References to the Minister of Environment and Labour replaced with Minister responsible
for Labour.
49.01 It is recognized that in order to fully prepare students for the future, all
students need to have access to distributed learning opportunities throughout
their public education experience.
25.10

28

Compassionate
Care Leave

29

Leave for Birth of
Child

42

Grievance
Procedure
Distance Education
Distributed
Learning

49

49.02

Distributed Learning is a method of instruction that relies primarily on
communication between students and teachers through the internet or other
electronic-based delivery, teleconferencing, video conferencing or ecorrespondence. It allows teachers, students, and content to be located in
different, non-centralized locations so that instruction and learning can
occur independent of time and place.

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 9
Article

Title

Proposal
49.013 All distance education courses distributed learning courses provided by a
School Board provided to public school students shall be taught by certified
teachers under contract with a School Board in a form approved under this
Agreement.
49.024 The participation of a teacher in a distance education distributed learning course,
an instructor in the transmitting site or as partner in the receiving site, shall be part
of the teacher’s regular assignment and shall not infringe upon the teacher’s
access to marking and preparation time, lunch periods, days pursuant to Article
25.05, School Year, or other such times provided to classroom teachers in the
school.
49.035 The School Board shall provide that each school participating in a distance
education distributed learning course will ensure that a student supervision plan
is in place. This plan shall include:
(i)
the name of the teacher or teachers responsible for ensuring that the
students in the distance education distributed learning class are
supervised while at school.;
(ii)
a schedule of the times when supervision is needed;
(b) that in the event that supervision is not available, it is incumbent
upon the principal to have delegated the responsibility to another
teacher;
(iv)
the designation of a specific locale for distance education students;
(v)
the establishment of clear procedures to deal with transmission
difficulties and/or technical/maintenance problems.
49.046 Each receiving site shall designate a teacher to coordinate distance education
distributed learning within the school. The role of the coordinating teacher shall
be, as required:
(i)
to make resources available, when needed, and designate a place where
resources are to be stored;
(ii)
to monitor student progress with the understanding that the distance
education distributed learning teacher is responsible for student
evaluation;
(c) to coordinate the availability of tutorial help for students when
requested;
(iv)
to ensure that student assignments and evaluations are sent to the
delivery site and distributed when returned, where appropriate;
(v)
to maintain regular contact with the teacher delivering distance education
distributed learning;
(vi)
to maintain accurate registration records for distance education
distributed learning students;
(vii)
to coordinate evaluation schedules under the direction of the distance
education distributed learning teacher;
(d) to assist in dealing with parental enquiries and concerns as they
arise.
The assignment shall be part of the co-ordinating teacher’s regular assignment
and shall not infringe upon the co-ordinating teacher’s access to marking and
preparation time, lunch periods, days pursuant to Article 25.05, School Year, or
other such times provided to classroom teachers in the school.
49.05

The School Board, if requested, will convene a meeting of parents at the receiving
sites before September 30th in each academic school year. The distance education
teacher of the course(s) at his/her discretion will have an opportunity to address
the parents via technology.

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 10
Article

Title

Proposal
49.07

Where the same course is offered within the school and fits a student’s
timetable, students shall require approval from the Director of Programs, or
designate from the Board office, before taking the distributed learning
course.

49.068 (i)

(ii)

Where existing video and audio transmission technologies are being
utilized for distance education in schools, the maximum number of
students enrolled in a distance education course at all sites should not
exceed twenty-two (22) students, unless the School Board can
demonstrate to the Union the feasibility of increasing that number to a
maximum number of twenty-five (25) students. The maximum number
of sites shall not exceed five (5). The maximum number of students
permitted in a distributed learning course shall be twenty-five (25).
In the event that new technologies are used in the delivery of distance
education courses, the parties agree to meet to determine the appropriate
number of sites, student numbers, and other related educational issues.

49.079 Teachers participating in distance education distributed learning programs shall
be provided with access to ongoing professional development in distance
education distributed learning. Consideration shall be given to providing
professional development activities as part of in-service days pursuant to Article
25 of this Agreement. Necessary costs for School Board approved professional
development activities shall be paid by the School Board and may be claimed
subject to Article 60 Professional Development Fund of this Agreement.
49.0810 (i)

Distance education courses shall be scheduled during the students’
instructional hours. The structure of the school day for a teacher
assigned to teach distributed learning, whether synchronous or
asynchronous, may be different but equivalent to the length of school
day for teachers assigned to teach non-distributed learning courses.
(e) Any changes to the structure of the school day pursuant to (i)
which impacts an individual teacher teaching distributed
learning shall not occur without the agreement of the teacher.
Should the Employer determine that the structure of the school
day is to be different from what was assigned, should the
distributed learning teacher decline the change, the Employer
may still proceed with the change, in which case, local provisions
would apply to that teacher .

Teachers in schools which transmit distance education distributed
learning courses shall have the option to request a distance education
distributed learning assignment.
(ii)
A notice of assignment involving distance education distributed
learning shall be subject to assignment provisions in the Local
Agreement.
49.102 A standing Distance Education Distributed Learning Committee consisting of
two (2) representatives from the Department of Education and Early Childhood
Development, two (2) representatives from the Nova Scotia School Boards’
Association School Boards and four (4) representatives from the Union shall be
established to address issues surrounding distance education the ongoing
development of distributed learning. The Committee must shall meet at the
request of either the Department of Education and Early Childhood
Development or Union but in any event not less than twice a year. And provide
an annual written report to the parties bound by this Agreement.
49.0911 (i)

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 11
Article

Title

Proposal
Without limiting the scope of the Committee, the following are expected
topics:
The application of reasonably equivalent hours of work
Appropriate time and resources for those teaching distributed learning
courses
Professional development
Technological change
49.11

(i)

(ii)
(iii)

60

Professional
Development Fund

60.01

(iii)

The parties recognize that there are distance education course(s) which
meet the requirements of the Public School Program but which do not
meet the requirements of Article 49.01. In such cases the Distance
Education Committee may, by unanimous approval, authorize the
offering of the course(s) by a School Board to public school students.
Where approval has been given pursuant to (i), the Committee shall
annually review the approval of the offering of the course(s).
Where a request is made by a School Board pursuant to (i) and/or where
a review is being conducted pursuant to (ii), the requesting School Board
must provide information as requested by the members of the
Committee.
(a)
Notwithstanding 60.01 (ii), effective the 2017/2018 fiscal
year up to one-half of any increase in the Consumer Price
Index [CPI Nova Scotia all items (2002-100)] for the total
fund for December 2016 over December 2015 and each year
thereafter accordingly shall be allocated to the Conseil
scolaire acadien provincial until the Conseil scolaire
acadien provincial allocation is $400,000.00.
(f) Notwithstanding 60.01 (ii), effective the 2017/2018 fiscal year,
fiscal year funds in 60.01 (i) will change according to the change
in the Consumer Price Index [CPI Nova Scotia all times (2002 =
100)] for December 2016 over December 2015 and each year
thereafter accordingly less the portion in 60.01 (iii) (a) until the
Conseil scolaire acadien provincial allocation is $400,000.00.

NEW

Working
Conditions

NEW

A teacher must inform the Committee of any other sources of
funding/remuneration for expenses covered by this Fund and the
reimbursement from the Fund shall be accordingly reduced.

NEW

Where a teacher is unable to continue to fulfill the approved educational
leave, the teacher must inform the Committee as soon as possible and provide
the reasons to the Committee.
The parties under this Agreement recognize the importance of the systems,
policies and structure of the school system to create a workplace and learning
environment that supports teachers to carry out their duties pursuant to the
Teachers’ Provincial Agreement. The parties acknowledge the right of the
Minister and School Boards, subject to any Professional Agreements with the
NSTU, to establish systems, policies and structures in their respective
jurisdiction of Nova Scotia’s public education system.

.01

.02

A teacher(s) who considers a system, policy or structure as causing a
significant barrier(s) to carrying out the teacher’s duties may report the facts
of the situation in writing to their immediate supervisor who shall investigate,
take appropriate action, and report the response in writing within fifteen (15)
days to the teacher(s).

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 12
Article

Title

Proposal
.03
If the immediate supervisor is unable to resolve the concerns of the teacher(s),
the teacher(s) and/or the immediate supervisor may report, in writing, the
facts of the situation to a Working Conditions Review Team. The Working
Conditions Review Team shall comprise a representative designated by the
Superintendent, and a representative designated by the Union.
.04

The Working Conditions Review Team shall meet with the teacher(s) and the
immediate supervisor within ten (10) days to review the teacher’s written
concerns. The teacher(s) may be accompanied by a representative of the
Union.

.05

The Working Conditions Review Team shall examine all options available
within the Board and make recommendations within fifteen (15) days of the
meeting with the teacher(s) and the immediate supervisor or such longer
period as may be agreed by the Union and the School Board representative.
The recommendation(s) of the Working Conditions Review Team shall be
reported to a designate of senior staff of the Board as determined by the
Superintendent, with a copy to the teacher(s) and the immediate supervisor.

.06

The senior staff designate of the Board will review and assess the
recommendation(s) of the Review Team and will report back within ten (10)
days to the Review Team to identify which recommendations will be
implemented, if any, and will provide status updates when accepted
recommendations have been implemented. The senior staff member’s
decision as to whether or not to implement the recommendation(s) is nongrievable.

.07

New
LOU

Pupil Evaluation,
Classification and
Administration
Purposes

In the event that the senior staff designate is unable to agree with the
recommendations of the Working Conditions Review Team and the
teacher(s) remains dissatisfied, the teacher(s) may refer the matter to the
Union. Where the Union considers the matter to be systemic in nature, the
Union may refer the matter to the co-chairs of the Partnership on Systemic
Working Conditions for consideration of placement on the agenda of the
Partnership.
The parties to this Agreement agree to undertake, as part of a working group through
the Partnership on Systemic Working Conditions, a joint review of the feasibility of
moving one or two of the Article 25.05 (ii) pupil evaluation, classification and
administrative days to a period(s) in the school year immediately prior to the
preparation of report cards.
In determining whether this initiative is feasible, the parties acknowledge that any
change to the scheduling of the above-referenced days cannot result in increased costs
or a loss of instructional time. The parties will also consider any adverse impact on
time required for high school teachers for year-end purposes and requirements.
Further, the parties have agreed:
.01

The parties will make appointments to the Working Group within fifteen (15)
days of ratification of this Agreement.

.02

The Working Group will have its initial meeting within thirty (30) days of
ratification of this Agreement.

.03

The Working Group will provide its report within ninety (90) days of the first
meeting of the Working Group.

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 13
Article

Title

Proposal
.04
The effective date of any recommendations from the Working Group will be
August 1, 2017.
LOU#5
Joint Committee
Deleted
NEW/CHANGED ARTICLES PREVIOUSLY DESCRIBED IN NOVEMBER 12, 2015 TENTATIVE AGREEMENT
5
Employer’s
5.01
(v) planning and controlling the quality of the teaching program educational
Responsibilities
programs and services.
6
Discrimination and 6.03
Neither the Employer nor School Board nor any person acting on behalf of the
Intimidation,
Employer or School Board shall refuse to employ or continue to employ any
Respectful
teacher or otherwise discriminate against any teacher on the basis of marital status,
Workplace and
sexual orientation, race, religion, creed, colour, sex, ethnic or national origin,
Learning
physical handicap, or age the prohibited grounds as set out under the Nova
Environment
Scotia Human Rights Act.
27
Pregnancy Leave, 27.04 A teacher shall produce, when so requested by the Director of Human Resources
Parental Leave and
a certificate from a legally qualified medical practitioner or licensed midwife
Adoption Leave
specifying the date upon which delivery will occur, in the opinion of the medical
practitioner or licensed midwife.
32
Substitute Teachers Substitute teachers receive same pay increases as noted in Article 43.
61
Service
Article 61 will be amended to provide that all Service Award/Death Benefit accruals cease
Award/Death
July 31, 2015. All other provisions of Article 62 remain the same. The salary used to
Benefit
calculate the Service Award/Death Benefit shall be the annual rate of salary applicable to
the teacher’s certificate and experience, including any administrative allowance, on the last
day of employment. All years of service up to the last day of employment shall be taken
into account in determining whether the teacher meets the applicable minimum years of
service eligibility criterion.
69
Duration and
The term of the agreement is four (4) years – August 1, 2015 – July 31, 2019.
Termination
LOU#7
Marking and
Deleted as this Committee has reported.
Preparation

The following Letters of Understanding and Schedules will be updated to implement the negotiated changes above:




LOU#4 – Implementation Date
Schedule D – Salaries
Schedule E – Additional Salary (Supervisory Allowances)

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.

 14

Proposals on the following articles were withdrawn over the course of negotiations so these articles remain unchanged
from the 2012-2015 Teachers’ Provincial Agreement:
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









Article 1 – Definitions
Article 2 – Recognition
Article 9 – Committees
Article 13 – Supervision of Pupils
Article 15 – Reclassification of Certificates
Article 16 – Teacher Certification and Change in
Certification
Article 17 – Issuance of Permits
Article 19 – Recognition of Service
Article 20 – Tenure
Article 21 – Job Security
Article 24 – Extracurricular Activities
Article 26 – Leave for Injury on Duty
Article 33 – Term Contract, Benefits
Article 44 – Supervisory and Administrative Positions
Article 45 – Evaluation of Teaching Staff
Article 50 – Travel Allowance








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
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






Article 58 – Long Term Disability
Article 62 – School Day for Teachers
Article 64 – Collection of Money
NEW – Health Care Spending Account
NEW – Parents of Critically Ill Children Leave
NEW – TIENET
NEW – Employment Equity
NEW – Flexibility for Identified Schools
LOU#1 – Affirmative Action
LOU#3 – School Closures
LOU#6 – Substitute Teachers Pilot (Injury on Duty)
Appendix A – Early Retirement Incentive Plan
Appendix B – Deferred Salary Leave Plan
Appendix E – Supervisory and Administrative Time
Appendix F – Marking and Preparation Time
NEW Appendix G – Ancillary Benefits

No proposals were tabled on the following articles so these articles remain unchanged from the 2012-2015 Teachers’
Provincial Agreement:



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








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



Article 3 – Application
Article 4 – Public Legislation
Article 7 – Strikes and Lockouts
Article 10 – Successor Rights
Article 14 – Program Development Assistance Fund
Article 22 – Severance Pay
Article 23 – Suspension or Cancellation of Certificate
or Permit
Article 30 – Leave for NSTU President
Article 34 – Insurance
Article 35 – Union and School Board Negotiable
Items
Article 36 – Employment Insurance Premium
Reduction
Article 37 – Alcoholism and Drug Dependency
Rehabilitation Program
Article 38 – Early Retirement Incentive Program
Article 39 – Deferred Salary Leave Plan
Article 40 – In-Province Teacher Exchange
Article 41 – Amendment by Mutual Consent
Article 46 – Individual Program Plans


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


















Article 47 – Temporary Assignments
Article 48 – Teacher Information
Article 51 – Liability Insurance
Article 52 – Deductions
Article 53 – Falsely Accused Employee Assistance
Article 54 – Capital Projects
Article 55 – Accommodation
Article 56 – Contracting Out
Article 57 – Educational Events
Article 63 – Class Climate
Article 65 – Legal Assistance and Protection
Article 66 – Method of Payment
Article 67 – Retirement Seminars
Article 68 – Teacher Property – Loss or Damage
LOU#2 – Substitute Teachers (Rate of Pay)
Schedule A – Permanent Contract Form
Schedule B – Probationary Contract Form
Schedule C – Term Contract Form
Appendix C – In-Province Teacher Exchange
Appendix D – NSTU Group Insurance, Total Care,
and Extended Benefits (Dental)

DISCLAIMER- This summary and partial text of articles is provided on a without prejudice basis and solely for the purpose of explaining the
principal features of the contract that will be entered into between the Nova Scotia Teachers Union and the Minister. Where partial text is used, the
text does not necessarily represent the final approved version. It does not create or confer any contractual or other rights. All rights with respect to
the Agreement will be governed solely by the document executed and issued by the Parties.