Skip to main content
The Public Schools Amendment Act

S.M. 1989-90, c. 49

Bill 59, 2nd Session, 34th Legislature

The Public Schools Amendment Act

(Assented to March 15, 1990)

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.

Section 1 amended

2           Section 1 is amended by striking out clause (c) of the definition of "resident pupil" and substituting the following clause:

(c) who, by reason of being dealt with under any provision of The Child and Family Services Act or the Young Offenders Act (Canada), becomes a resident therein, or

Subsection 14(2) amended

3           Subsection 14(2) is amended by striking out clause (b) and substituting the following clause:

(b) subject to section 15, add further territory to a school division established under subsection (1), whether or not the territory is located north of the northern boundary of township 22 in the province; or.

Subsection 16(1) amended

4           Subsection 16(1) is amended by striking out "shall" and substituting "may".

Section 17 rep. and sub.

5           Section 17 is repealed and the following section is substituted:

Election of school board

17          The minister may, by regulation, provide for the election of a school board for a school division established under subsection 14(1).

Section 22 rep. and sub.

6           Section 22 is repealed and the following section is substituted:

Qualifications of school trustees

22          A person is qualified to be nominated for and elected as a trustee of a school board, if the person

(a) is a Canadian citizen;

(b) is of the full age of 18 years, or will be of the full age of 18 years at the date of the election;

(c) is an actual resident in the school division or school district, and will have been so for a period of at least six months at the date of the election; and

(d) is not disqualified under any other provision of this Act or under any other Act, and is not otherwise by law prohibited, from being a trustee or from voting at elections in the school division or school district.

Subsection 41(1) amended

7           Subsection 41(1) is amended by adding the following clauses after clause (q):

(r) determine the times when and the manner in which reports and other information respecting pupils shall be delivered or provided or made available by teachers under section 96;

(s) subject to the order of a court to the contrary upon request, make available to the parent or guardian of any pupil attending a school within the jurisdiction of the school board, or to a pupil who has reached the age of majority and, where the pupil gives written consent, to the parent or guardian of the pupil, such information as may be contained in any file or record kept at the office of the school or school board respecting the pupil,

(i) in the case of a file or record kept at the office of the school, during normal school hours, and

(ii) in the case of a file or record kept at the office of the school board, during normal office hours,

or at such other time as may be agreed between the school board and the parent or guardian or between the school board and both the parent or guardian and the pupil, as the case may be and every principal shall offer to designate an employee to assist a parent or guardian who is given access to information to interpret it;

(t) where it has knowledge thereof, report to the minister any teacher employed in a school within the jurisdiction of the school board who has been charged with or convicted of an offence under the Criminal Code (Canada) relating to the physical or sexual abuse of children.

Section 46 amended

8           Section 46 is amended by renumbering the section as subsection (1) and by adding the following subsection:

Highway Traffic Act

46(2)       The provisions of any regulation made under subsection (1) shall be in addition to and not in substitution for or in derogation of the provisions of The Highway Traffic Act and any regulation made thereunder.

Subsection 48(5) amended

9           Subsection 48(5) is amended by striking out "officer of other employee" and substituting "officer or other employee".

Section 48.1 added

10          The Act is amended by adding the following section after section 48:

Rights of teachers respecting elections

48.1(1)     Nothing in this or any other Act of the Legislature prohibits an employee from seeking nomination as or being a candidate for public office, or supporting a candidate or political party, in a municipal, provincial or federal general election or by-election, and, if elected, from serving in that office.

Leave of absence

48.1(2)     An employee who, pursuant to subsection (1), proposes to become a candidate in a municipal, provincial or federal election may apply to the teacher's school board for leave of absence without pay for a period

(a) where the employee is nominated as a candidate, not longer than the period commencing on the day on which the writ for the election is issued and ending 90 days after the day on which the results of the election are officially declared; and

(b) where the employee is not nominated as a candidate, not shorter than the period commencing on the day on which the writ for the election is issued and ending on the day fixed by law for the nomination of candidates;

and every such application shall be granted.

Reinstatement of unsuccessful candidate

48.1(3)     An employee who runs for office in an election pursuant to this section and is not elected, and applies to the employee within 90 days from the date on which the results of the election are officially declared, shall be reinstated to the position held immediately prior to the date the leave of absence was granted under subsection (2) or to a comparable position, and the employee's service shall be deemed to be unbroken for all purposes.

Leave of absence for elected candidate

48.1(4)     An employee who runs for office in an election pursuant to this section and is elected shall, upon application to the employee, be granted leave of absence without pay for the period during which the employee holds office but not exceeding five years.

Definitions

48.1(5)     In this section,

"employee" means an employee of a school board, school division or school district; («employé»)

"employer" means a school board, school division or school district. («employeur»)

Section 52 amended

11          Section 52 is amended by renumbering the section as subsection (1) and by adding the following subsection:

Assignment of principal's duties to superintendent

52(2)       In the case of

(a) the Churchill School District No. 2265;

(b) the Snow Lake School District No. 2309;

(c) the Lynn Lake School District No. 2312;

(d) the Sprague School District No. 2439; and

(e) the Leaf Rapids School District No. 2460;

a school board may assign the duties of a principal to a superintendent.

Subsection 60(5) rep. and sub.

12          Subsection 60(5) is repealed and the following subsection is substituted:

Grants to private schools

60(5)       The minister may, under the regulations, make grants to a private school in respect of instruction and services offered by the private school to children enrolled therein, where the minister is satisfied that

(a) the private school teaches a sufficient number of courses approved under The Education Administration Act to ensure that children enrolled in the private school receive an education of a standard equivalent to that received by children in public schools;

(b) the teachers teaching the approved courses to children enrolled in the private school hold valid and subsisting teaching certificates issued under The Education Adminstration Act;

(c) the Department of Education has approved the core curriculum of the school;

(d) the private school has a legally incorporated Board of Directors;

(e) the private school has an elected advisory board that

(i) includes at least three persons who are parents or guardians of children enrolled in the private school,

(ii) reports on the private school on a regular basis during the school year, and not less often than once in each school term, to the parents or guardians of students enrolled in the private school;

(f) the private school has been in operation for a period of three years prior to receiving a grant under this subsection and has complied with clauses (a) to (e) for each of those years; and

(g) the private school is in compliance with such other requirements as may be prescribed by regulation;

and the minister may make regulations respecting the making of grants under this subsection and prescribing requirements for the purposes of clause (g).

Section 62 rep. and sub.

13          Section 62 is repealed and the following section is substituted:

Purchase and expropriation

62          Any school board may acquire by purchase, gift, exchange or otherwise and, without the consent of the owner thereof, may enter upon, take, use and expropriate land for a school site or land adjoining an existing school site which the school division or school district requires for the enlargement thereof or, with the consent of the minister, land which the school division or school district requires for demonstration work in agriculture or horticulture, and any expropriation of land under this section is subject to the provisions of The Expropriation Act.

Subsection 92(1) rep. and sub.

14          Subsection 92(1) is repealed and the following subsections are substituted:

Teachers' agreements

92(1)       Every agreement between a school board and a teacher shall be in writing, signed by the parties thereto and sealed with the seal of the school board, and shall otherwise be in such form as the minister may by regulation prescribe.

Regulations by minister

92(1.1)     The minister may make regulations prescribing the form of every agreement to be used under subsection (1).

Subsection 92(5) rep. and sub.

15          Subsection 92(5) is repealed and the following subsection is substituted:

Accumulated teaching service

92(5)       Where a teacher enters into an agreement with a school board and has previously been employed as a teacher by that or one other school board in the province for more than one full school year within three years prior thereto, that prior period of employment shall, for the purposes of subsection (4), be deemed to be time during which the teacher was employed under the new agreement.

Subsection 230(2) rep. and sub.

16          Subsection 230(2) is repealed and the following subsection is substituted:

Acting as agent forbidden

230(2)      No employee of a school board shall act as agent for any person in promoting the sale of anything for use in a school in the school division or school district in which the employee is employed, or receive any remuneration or other compensation for the sale or any promotion thereof.

Section 262 amended

17          Section 262 is amended by striking out clause (b) and substituting the following clause:

(b) the child is receiving education at home or elsewhere in accordance with a standard prescribed in a regulation of the minister; or.

Coming into force

18          This Act, except sections 5, 12, 14 and 17, comes into force on the day it receives the royal assent, and sections 5, 12, 14 and 17 come into force on a day fixed by proclamation.