A A A

4th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 7

THE PUBLIC SCHOOLS AMENDMENT ACT (PROTECTING CHILD CARE SPACE IN SCHOOLS)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

WHEREAS significant public funds have been invested in providing child care space in schools;

AND WHEREAS licensed child care centres in schools let children move seamlessly between child care and school within a safe, secure and nurturing environment;

AND WHEREAS families, school boards and child care centres all benefit by being able to plan knowing that the child care space will continue to be available;

THEREFORE 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           The following is added after section 47.4 and before the centred heading that follows it:

Definitions

47.5(1)     The following definitions apply in this section and in sections 47.6 and 47.7.

"licensed child care centre" means a child care centre that is licensed under The Community Child Care Standards Act. (« garderie autorisée »)

"licensee" means the person who holds the licence for a licensed child care centre. (« titulaire de licence »)

Child care space to be maintained in schools

47.5(2)     A school board must ensure that space within a school available for use by a licensed child care centre equals or exceeds the amount determined in accordance with the following formula:

A × B

In this formula,

A   is the greater of

(a) the number of licensed child spaces in the school on June 1, 2014, or

(b) the highest number of licensed child spaces in the school on June 1, in any year after 2014; and

B   is, for the number of child care spaces under A, the amount of physical space necessary for the child care centre be licensed under The Community Child Care Standards Act.

Space may be reduced by consent

47.5(3)     Despite subsection (2), a school board and the licensee may agree that the space allotted for the licensed child care centre be reduced, in which case the school board must ensure that the space agreed to is provided.

Minister must agree to reduced space

47.5(4)     An agreement under subsection (3) is not effective until it is approved in writing by the minister.

Moving space within a school

47.6(1)     If a school board wishes to move the space used by a licensed child care centre to another part of the school, the board must notify the licensee in writing that its space will be moved at the end of the period set out in the notice.

Minimum notice period

47.6(2)     The period set out in a notice must not be less than the prescribed period.

Moving a child care centre between schools

47.7(1)     A school board and the licensee may agree to move a licensed child care centre from one school to another.

School board may require move

47.7(2)     A school board may require a licensee to move its licenced child care centre from one school to another if the board

(a) obtains the minister's written consent to the move; and

(b) notifies the licensee in writing that its space will be moved at the end of the period set out in the notice.

Minimum notice period

47.7(3)     The period set out in a notice must not be less than the prescribed period.

When minister may consent

47.7(4)     The minister may consent to a licensed child care centre being moved from one school to another if he or she is satisfied that

(a) the move is necessary for an educational purpose; and

(b) the space the centre will be moved into is appropriate and complies with section 47.5.

Extended meaning of "school"

47.7(5)     In this section, "school" includes any building that is school property.

Regulations

47.8        The minister may make regulations prescribing the minimum period for notices given under sections 47.6 and 47.7.

Coming into force

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

Explanatory Note

This Bill amends The Public Schools Act to require that the amount of space within a school used by a child care centre continues to be available for child care.

Space may be reduced only if the school board, the child care centre and the minister agree to the reduction.The Bill also addresses moving a child care centre within a school or from one school to another. A centre may be moved within a school if the school board gives the centre the prescribed notice. Moving a centre between schools, if not done by consent of both the board and the centre, may occur if the minister is satisfied the move is needed for educational reasons and the centre is given the prescribed notice.