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5th 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 19

THE PUBLIC SCHOOLS AMENDMENT ACT (CONTINUITY OF LEARNING)


  Bilingual version (PDF) 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           The definition "resident pupil" in subsection 1(1) is replaced with the following:

"resident pupil" means a person who has the right to attend school under section 259 and who, in respect of a school division or school district,

(a) resides in the school division or school district in the school year

(i) with his or her parent or legal guardian, or

(ii) by reason of being dealt with under The Child and Family Services Act or the Youth Criminal Justice Act (Canada),

(b) resides in the school division or school district in the school year, is at least 18 years of age and is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada), or

(c) despite clause (a), is designated to be a resident pupil of the school division or school district under section 1.3 or 1.4; (« élève résident »)

3           The following is added after section 1.2 and before Part I:

Minister may designate resident pupil

1.3         The minister may designate a person who has the right to attend school under section 259 to be a resident pupil of a school division or school district.

Agency may designate resident pupil

1.4(1)      An agency, as defined in subsection 1(1) of The Child and Family Services Act, may designate a child to whom it provides services to be a resident pupil of a school division or school district if

(a) the child is of compulsory school age;

(b) while the agency is providing services to the child, the child is enrolled in a school in the school division or school district; and

(c) the agency is of the opinion, after consulting with the principal of the school, that it is in the best interests of the child that he or she continues to be enrolled in that school, despite the child becoming a resident in another school division or school district.

Length of designation

1.4(2)      A designation under this section continues until the end of the school year in which the designation is made, until the child completes the grades in the applicable school, or for any shorter period determined by the agency.

Coming into force

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

Explanatory Note

Currently, under The Public Schools Act a pupil who ceases to reside in a school division or school district ceases to be a resident pupil of that division or district.

This Bill enables a pupil who is receiving services from a child and family services agency to remain a resident pupil of the school division or school district, even if the pupil begins to reside elsewhere.