Skip to main content
The Public Schools Amendment Act (2)

S.M. 1991-92, c. 20

Bill 41, 2nd Session, 35th Legislature

The Public Schools Amendment Act (2)

(Assented to July 26, 1991)

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 adding the following definition in its appropriate alphabetical position within the section:

"review commission" means The Boundaries Review Commission for which provision is made in this Act; («Commission de révision»)

Section 1 amended

3           Section 1 is amended by striking out the definition of "support" and substituting the following:

"support" means financial support provided to a school division under the capital support program or the operational support program established under Part IX; («aide»)

Section 7 added

4           The following is added after section 6:

Alteration of school boundaries by minister

7(1)        Subject to subsections (2) and (3) and notwithstanding any other provision of this Act or anything done thereunder, the minister may, by regulation,

(a) add territory to or withdraw territory from any school division or school district established under this Act;

(b) amalgamate any two or more school divisions or school districts established under this Act.

Prerequisite to alteration of boundaries by minister

7(2)        The minister shall not exercise any of the powers conferred by subsection (1) except after a review by and the receipt of a recommendation from the review commission, but this subsection does not affect any power conferred on the minister by section 14.

Confirmation by L.G. in C.

7(3)        A regulation made by the minister under subsection (1) that affects the boundaries of a school district or remote school district established, declared or enlarged under subsection 2(1) is of no force or effect unless and until confirmed by a regulation of the Lieutenant Governor in Council, and the Lieutenant Governor in Council may make such a regulation.

Establishment of review commission

7(4)        The minister may, by regulation,

(a) establish a commission, to be known as The Boundaries Review Commission, consisting of such persons as the minister may appoint as the members thereof;

(b) fix the term of office of each member of the review commission;

(c) prescribe rules of procedure that shall govern the operations of the review commission;

(d) make such other provisions respecting the review commission as the minister deems necessary.

Function and duties of review commission

7(5)        The review commission is under the direction of the minister and shall

(a) whenever so instructed by the minister but subject to subsection (6), conduct a review of the boundaries of all or any of the school divisions or school districts in the province as the minister may require;

(b) after a review under clause (a), make recommendations to the minister respecting the alteration of the boundaries reviewed;

(c) perform such other functions and carry out such other duties respecting the boundaries of school divisions or school districts as the minister may require.

Suspension of board of reference operations

7(6)        The Lieutenant Governor in Council may, by order, suspend, for the duration of any review of boundaries proposed to be conducted by the review commission under subsection (5), all operations of the board of reference affecting or relating to boundaries of school divisions or school districts, and the review commission shall not conduct the review unless and until such an order is made.

Remuneration

7(7)        Each member of the review commission shall receive such remuneration for services performed as the Lieutenant Governor in Council may approve and reimbursement for reasonable out-of-pocket expenses necessarily incurred in performing those services.

Powers under The Evidence Act

7(8)        For the purpose of carrying out their functions and duties under this Act, the members of the review commission have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.

Section 19 amended

5           Section 19 is amended by striking out "official trustee of a northern school division" and substituting "school board of any northern school division established under section 14".

Subsection 43(2.1) added

6           The following is added after subsection 43(2):

Transportation contracts

43(2.1)     A school board may enter into a contract with any person for the purpose of providing the transportation required under subsection (2).

Subsection 48.1(1) amended

7           The heading of the English version of subsection 48.1(1) is amended by striking out "teachers" and substituting "employees".

Subsection 48.1(2) amended

8           Subsection 48.1(2) is amended

(a) by striking out "teacher's" in the English version and substituting "employee's"; and

(b) by striking out "commission municipale" in the French version and substituting "commission scolaire".

Subsection 48.1(3) amended

9           Subsection 48.1(3) is amended

(a) by striking out "employee" where it appears for the second time in the English version and substituting "employer"; and

(b) by striking out "sa commission municipale" in the French version and substituting "son employeur".

Subsection 48.1(4) amended

10          Subsection 48.1(4) is amended

(a) by striking out "employee" where it appears for the second time in the English version and substituting "employer"; and

(b) by striking out "sa commission scolaire" in the French version and substituting "son employeur".

Subsection 52(2) amended

11          Subsection 52(2) is amended by striking out "No. 2265" in clause

(a) and substituting "No. 2264".

Subsection 60(4) repealed and substituted

12          Subsection 60(4) is repealed and the following is substituted:

Grants for transportation

60(4)       Grants made or support provided to a school division or school district under this Act may include amounts for transportation provided by the school division or school district to children enrolled in a private school pursuant to an agreement made under subsection (1).

Grants for facilities and resources

60(4.1)     The Lieutenant Governor in Council may make regulations prescribing the amounts of grants to be paid in respect of facilities and resources of a school division or school district used for the benefit of children enrolled in a private school pursuant to an agreement made under subsection (2).

Section 74 amended

13          Section 74 is amended by striking out clauses (a) and (b) and substituting the following:

(a) the purchase, erection or enlargement, as the case may be, has received the prior approval of the minister; and

(b) the remodelling has received the prior approval of either the minister or the finance board.

Subsection 84(4) amended

14          Subsection 84(4) is amended by striking out "whish" and substituting "wish".

Section 171 amended

15          Section 171 is amended by striking out "In this Part" and substituting "In this Part and in Parts X and XI,".

Section 171 amended

16          Section 171 is amended

(a) in the definition of "eligible enrolment", by adding "or" at the end of clause (d) and by adding the following after clause (d):

(e) pupils who are not residents of a school division;

and

(b) by striking out the definition of "government support to education program".

Section 171 amended

17          Section 171 is amended by adding the following definitions, each in its appropriate alphabetical position within the section:

"capital support" means financial support, for which provision is made in this Part and in the regulations, in respect of capital expenditures set out in the regulations; («aide en capital»)

"capital support program" means the program of providing capital support to school divisions that is under the administration of and paid by the finance board out of the fund; («programme d' aide en capital»)

"fund" means "The Education Support Fund" continued under The Public Schools Finance Board Act and administered by the finance board under that Act; («Fonds»)

"operational support" means financial support, for which provision is made in this Part and in the regulations, but not including capital support; («aide de fonctionnement»)

"operational support program" means the program of providing operational support to school divisions that is under the administration of the minister and paid by the finance board out of the fund; («programme d' aide de fonctionnement»)

Subsection 173(1) repealed and substituted

18          Subsection 173(1) is repealed and the following is substituted:

Administration of support programs

173(1)      The finance board shall administer the capital support program and the minister shall administer the operational support program, and the finance board shall make the required payments under both programs out of the fund.

Provision of financial support

173(1.1)    In each year, at the times and in the manner prescribed by the regulations, support calculated as required by the regulations shall be paid by the finance board to each school division,

(a) in the case of support under the operational support program, as determined by the minister; and

(b) in the case of support under the capital support program, as determined by the finance board.

Review of operational support program

173(1.2)    The minister shall continually review the operation and cost of the operational support program.

Subsection 173(4) amended

19          Subsection 173(4) is amended by striking out "the finance board" and substituting "the minister or the finance board, as the case may be,".

Subsection 173(5) amended

20          Subsection 173(5) is amended by striking out "the finance board" and substituting "the minister or the finance board, as the case may be,".

Subsection 173(6) amended

21          Subsection 173(6) is amended

(a) by striking out "education" in the heading and substituting "capital"; and

(b) by striking out "costs" and substituting "capital expenditures".

Section 173.1 added

22          The following is added after section 173:

Reports, etc. from school divisions

173.1(1)    The minister may require a school division to prepare and submit to the minister such reports and returns as the minister deems advisable, and to submit to the minister for inspection any contracts or documents relative to the affairs of the school division, and the minister may make copies of such contracts or documents.

Withholding of grants

173.1(2)    Notwithstanding the provisions of this or any other Act of the Legislature, the minister may, as the case may require, withhold or direct the finance board to withhold the payment of all or part of any operational support payable to a school division under this or any other Act of the Legislature until the school division has complied with any requirement under subsection (1).

Section 174 repealed and substituted

23          Section 174 is repealed and the following is substituted:

Authority for disposal of land

174(1)      Subject to section 67, the school board of a school division shall not dispose of any land or buildings owned by it, or any interest or right therein, by way of sale, lease, gift or otherwise, unless it first obtains the authorization of the finance board and, where the finance board authorizes the disposal of any land or buildings owned by a school board, or any interest or right therein, it may require that the moneys realized from the disposal be paid over to the fund.

Authority for disposal of buses

174(2)      The school board of a school division shall not dispose of any buses owned by it, or any interest or right therein, by way of sale, lease, gift or otherwise, unless it first obtains the authorization of the minister and, where the minister authorizes the disposal of any buses owned by a school board, or any interest or right therein, the minister may require that the moneys realized from the disposal be paid over to the fund.

Subsection 175(1) amended

24          Subsection 175(1) is amended by striking out clause (d) and substituting the following:

(d) prescribing procedures whereby school divisions may submit matters to the minister or the finance board, as the case may be, for approval;.

Subsection 175(1) amended

25          Subsection 175(1) is amended by adding the following after clause (f):

(g) prescribing the percentage of the municipal contribution, in each school division for each fiscal year, that is to be raised by special levy.

Subsection 175(2) repealed and substituted

26          Subsection 175(2) is repealed and the following is substituted:

Regulations by minister

175(2)      The minister may make regulations not inconsistent with this Part or the regulations made under subsection (1) prescribing the form and manner in which estimates of expenses and revenues of school divisions shall be submitted to the minister and prescribing the items that shall be set out in those estimates.

Section 176 repealed

27          Section 176 is repealed.

Section 178 amended

28          Section 178 is amended by striking out "finance board" wherever it appears and, in each case, substituting "minister".

Subsection 179(1) repealed and substituted

29          Subsection 179(1) is repealed and the following subsections are substituted:

Review of operational estimates

179(1)      Subject to subsection 173(6), the minister, upon receiving the estimates of school divisions under section 178, shall review the estimates and make an estimate of the amount of operational support that the minister will be required to provide to each school division.

Review of capital estimates

179(1.1)    Upon receiving the estimates of school divisions under section 178, the finance board shall review the estimates and make an estimate of the amount of capital support that it will be required to provide to each school division.

Subsection 179(2) amended

30          Subsection 179(2) is amended by striking out "the finance board" and substituting "the minister or the finance board, as the case may be".

Section 180 repealed and substituted

31          Section 180 is repealed and the following is substituted:

Estimate of finance board requirements

180         On or before January 1 in each year, the finance board shall calculate an estimate of its financial requirements for the immediately ensuing fiscal year and shall notify the minister of that amount as the estimate of the cost of the capital support program for that fiscal year including the cost of administering the fund and providing capital support out of the fund for that fiscal year.

Subsection 181(1) repealed and substituted

32          Subsection 181(1) is repealed and the following is substituted:

Minister to notify board of contribution from Consolidated Fund

181(1)      On or before January 15 in each year the minister shall notify the finance board of the total amount of support to be provided to school divisions in the next ensuing fiscal year and the amount the government intends to provide to the finance board in that fiscal year from the Consolidated Fund toward its financial requirements for that fiscal year, and the balance shall be raised by the education support levy imposed on assessable property.

Subsection 181(2) repealed and substituted

33          Subsection 181(2) is repealed and the following is substituted:

L.G. in C. to determine differential in support levy

181(2)      On or before March 15 in each year, the Lieutenant Governor in Council shall determine the number of mills differential to be allowed between education farm and residential assessment and other assessment in determining the rates of levies to be imposed on education total school assessment under section 182.

Subsection 186(1) repealed and substituted

34          Subsection 186(1) is repealed and the following subsections are substituted:

Notice to school divisions by minister

186(1)      On or before February 15 in each year, after estimating the amount of the operational support that the minister will require the finance board to provide to each school division in the next ensuing fiscal year, the minister shall notify the school board of each school division of the amount of support that the finance board will be providing to the school division in that fiscal year.

Notice of capital support by finance board

186(1.1)    On or before February 15 in each year, after estimating the amount of the capital support that it will be required to provide to each school division in the ensuing fiscal year, the finance board shall notify the school board of each school division of the amount of capital support that the finance board will be providing to the school division in that fiscal year.

Notice of assessment by finance board

186(1.2)    On or before February 15 in each year, the finance board shall notify the school board of each school division of the amount of the total assessment applicable to the school division and each municipality within the school division for that year.

Subsection 186(2) amended

35          Subsection 186(2) is amended by striking out "subsection (1)" and substituting "subsections (1) and (1.1)".

Section 194 repealed and substituted

36          Section 194 is repealed and the following is substituted:

Regulations

194         The Lieutenant Governor in Council may make regulations respecting the payment of grants to school divisions, in addition to support that may be provided, to assist in establishing and maintaining evening schools and programs approved by the minister that are not supported either in whole or in part under the capital support program or the operational support program.

Subsection 213(4) repealed and substituted

37          Subsection 213(4) is repealed and the following is substituted:

Approval of finance board

213(4)      Where the finance board is satisfied that capital support is payable under this Part and the regulations

(a) for the full amount of the capital support for which the money is to be borrowed; or

(b) for the payment in full of principal and interest on the debentures or other securities to be issued;

it may approve the borrowing and the issuing of the debentures or other securities, as the case may require.

Coming into force

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