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Third Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 22

THE PUBLIC SCHOOLS AMENDMENT ACT (FRANCOPHONE SCHOOL DIVISION GOVERNANCE STRUCTURE)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P250 amended

1           The Public Schools Act is amended by this Act.

2           Section 21.1 is amended

(a) in the definition "provider school board", by striking out "21.19 or"; and

(b) by repealing the definition "regional committee".

3           Subsection 21.2(2) is replaced with the following:

Regions

21.2(2)     The regulation made under subsection (1) shall divide the francophone school division into regions and specify the name of each one and its boundaries or area.

4           Clause 21.3(d.1) is replaced with the following:

(d.1) section 27;

5           Subsection 21.4 is amended

(a) in subsection (1), by striking out "section 21.40" and substituting "sections 21.35 to 21.38"; and

(b) in subsection (2), by striking out "is to be specified in the regulations, but the number".

6           Subsection 21.5(3) and section 21.8 are repealed.

7           Section 21.9 and the centred heading before it are replaced with the following:

ADVISORY GROUPS AND SCHOOL COMMITTEES

Advisory groups

21.9(1)     The francophone school board may establish an advisory group for each region of the francophone school division.

Formation and mandate

21.9(2)     The formation, composition and mandate of the advisory groups may be specified by by-law of the francophone school board.

8           Sections 21.10 to 21.12 and section 21.14 are repealed.

9(1)        The centred heading before section 21.18 is replaced with the following:

SCHOOLS AND PROGRAMS OPERATED BY THE FRANCOPHONE SCHOOL BOARD

Transfer of Programs and Schools

9(2)        Section 21.18 is repealed.

10          Section 21.19 is amended

(a) by repealing subsection (1);

(b) in subsection (2), by striking out "The regulation under subsection (1)" and substituting "A regulation under subsection 21.27(1)"; and

(c) in subsection (3). by striking out "under this section".

11          Sections 21.20 and 21.21 are repealed.

12(1)       Subsection 21.22(1) is replaced with the following:

Transfer of ownership: exclusive use schools

21.22(1)    When a school is to be transferred to the francophone school board for its exclusive use the right to possession and ownership or any other interest of the provider board in the lands, buildings, furnishings, equipment, teaching materials and all other property on or used in connection with the school vests, on a date determined by regulation, in the francophone school board, and the provider school board ceases to have any jurisdiction or interest in the property.

12(2)       Subsection 21.22(2) is amended

(a) in the part before clause (a), by striking out "either by agreement or an arbitrator's report under subsection 21.21,"; and

(b) in the part after clause (b), by striking out "section 21.21 and" and substituting "section".

12(3)       Subsection 21.22(3) of the English version is amended by striking out "subsection (1)" and substituting "subsections (1)".

13          Section 21.23 is replaced with the following:

Agreements re shared use

21.23       When the use of a school is to be shared, the provider school board and the francophone school board shall enter into an agreement respecting the details of that shared use, and the agreement may include a procedure for periodic review or termination of the shared use arrangement.

14(1)       The centred heading before subsection 21.25(1) is repealed.

14(2)       Subsection 21.25(1) is amended by replacing the part before clause (a) with the following:

Request to transfer school or program

21.25(1)    A request may be made to the minister

15          Clause 21.26(4)(c) is replaced with the following:

(c) if the request should be granted, which premises should be provided to the francophone school division for the francophone program, including

(i) the name of any school to be transferred from a provider school board to the francophone school board for the exclusive use of the francophone school board,

(ii) the name of any school to be transferred from a provider school board to the francophone school board, subject to the right of the provider school board to share the use of the school, and

(iii) the name of any school to be retained by a provider school board, subject to the right of the francophone school board to share the use of the school.

16          Subsection 21.27(2) is replaced with the following:

Transfer of program and property

21.27(2)    Subsection 21.19(3) and sections 21.22 to 21.24 apply when a francophone program is designated for transfer under this section.

17          Section 21.28 is amended by striking out "sections 21.18" and substituting "sections 21.19".

18          Section 21.29 is amended

(a) in the part before clause (a), by striking out "After the first election of the francophone school board, a" and substituting "A"; and

(b) in clause (a), by striking out "21.19 or".

19          Clause 21.31(3)(a) is repealed.

20          Clause 21.34(c) is amended by adding "may be" before "prescribed".

21          The centred heading before section 21.35 and sections 21.35 to 21.38 are replaced with the following:

ELECTING TRUSTEES OF THE FRANCOPHONE SCHOOL BOARD

Election of trustees

21.35(1)    The election of trustees of the francophone school board shall be in accordance with this section and sections 21.36 to 21.38.

Conduct of elections

21.35(2)    The nomination of candidates and the conduct of elections of trustees of the francophone school board shall be in accordance with the regulations.

Electoral divisions

21.36(1)    The Lieutenant Governor in Council must establish electoral divisions for the francophone school division by regulation.  The regulation must specify

(a) the area of each electoral division; and

(b) the number of trustees to be elected in each electoral division.

Period regulation remains in force

21.36(2)    A regulation made under subsection (1) remains in force until the francophone school board passes a by-law and the by-law is approved in accordance with section 21.36.1.

Changes in electoral divisions

21.36.1(1)  The francophone school board may, by by-law,

(a) alter the area of an electoral division, or dissolve the electoral divisions established under subsection (1) and create new electoral divisions; and

(b) subject to subsection 21.4(2), increase or decrease the total number of trustees to be elected, or the number of trustees to be elected in an electoral division.

By-law effective for next regular election

21.36.1(2)  A by-law passed under subsection (1)

(a) has no effect until it is approved by the Lieutenant Governor in Council;

(b) takes effect only at a general election; and

(c) must be passed and approved at least 180 days before the regular election at which it is to take effect.

Extended meaning of "entitled person"

21.37(1)    In this section, "entitled person" includes the person

(a) who is legally married to the entitled person; or

(b) who has cohabited with the entitled person for a period of at least 12 months immediately before the election.

Qualification of electors

21.37(2)    A person is entitled to vote in an election of trustees of the francophone school division if on the day of the election he or she

(a) is 18 years of age or older;

(b) is a Canadian citizen who has been a resident of Manitoba for at least six months;

(c) is a parent

(i) whose child is enrolled in a program provided by the francophone school board, or

(ii) who resides in an electoral division of the francophone school division, and is an entitled person who in the year before the regular election requested the francophone school board to provide instruction for his or her school-age child, but whose child is not yet enrolled in a program provided by the francophone school board; and

(d) is not disqualified under this Act or any other Act, and is not otherwise prohibited by law, from voting in school division or school district elections.

Additional electors determined by regulation

21.37(3)    In addition, any other class of entitled persons prescribed by the regulations is entitled to vote in an election of trustees of the francophone school board.

Eligibility to vote in other elections

21.37(4)    A person who is eligible to vote in both

(a) an election of trustees for a school board other than the francophone school board; and

(b) an election for the francophone school board;

may vote in both elections.

Qualifications of francophone school trustees

21.38(1)    Subject to subsection (2), a person is qualified to be nominated for and elected as a trustee of the francophone school division if

(a) the person

(i) is entitled to vote under section 21.37, and

(ii) is able to participate in the conduct of school division business in the French language; or

(b) the person

(i) is able to participate in the conduct of school division business in the French language,

(ii) is 18 years of age or older on the day of the election, and

(iii) is a Canadian citizen who has been a resident of the electoral division for at least six months on the day of the election.

Persons not qualified

21.38(2)    A person is disqualified from being nominated for election as a trustee and from being elected or remaining as a trustee of the francophone school division if he or she is

(a) an employee of the francophone school division or a pupil in regular attendance of the francophone school division;

(b) elected or appointed as a member of the Legislative Assembly, the Senate or House of Commons of Canada, the council of a municipality, or to the board of another school division or school district; or

(c) disqualified under this Act or any other Act, or is otherwise prohibited by law, from being a trustee.

22          Sections 21.39, 21.40 and 21.42 are repealed.

23(1)       Clause 21.43(b) is replaced with the following:

(b) for the purpose of subsection 21.2(2),

(i) establishing the area of each electoral division of the francophone school division, and

(ii) specifying the total number of trustees to be elected to the francophone school board and the number to be elected in each electoral division;

23(2)       Clause 21.43(c) is amended by striking out ", section 21.20".

23(3)       Clause 21.43(e) is replaced with the following:

(e) respecting the election of trustees of the francophone school board including, but not limited to,

(i) specifying when elections are to be held,

(ii) respecting the nomination of candidates and the conduct of elections,

(iii) for the purposes of subclause 21.37(2)(c)(ii) specifying when and in what manner a person must indicate a wish to have instruction provided for his or her child,

(iv) for the purpose of subsection 21.37(3), specifying additional classes of persons who are entitled to vote in elections, and

(v) respecting elections to fill vacancies;

23(4)       Clauses 21.43(f) and (g) are repealed.

24          The centred heading before section 21.44 and sections 21.44 to 21.49 are repealed.

Coming into force

25          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends the part of The Public Schools Act that relates to the francophone school division.

It removes the regional committee structure and enables trustees to be elected directly to the francophone school board.

It enables the francophone school board to establish advisory groups for each region.

It also eliminates provisions specific to the initial establishment of the francophone school division, as those provisions are now outdated.