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The Public Schools Finance Board Amendment Act

S.M. 1991-92, c. 21

Bill 42, 2nd Session, 35th Legislature

The Public Schools Finance Board Amendment Act

(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. P260 amended

1           The Public Schools Finance Board Act is amended by this Act.

Section 1 amended

2           Section 1 is amended by striking out "The Government Support to Education Fund" in the definition of "fund" and substituting "The Education Support Fund".

Section 1 amended

3           Section 1 is amended by adding the following definitions, each in its appropriate alphabetical position within the section:

"capital support" means capital support as defined in The Public Schools Act; («aide en capital»)

"capital support program" means capital support program as defined in The Public Schools Act; («programme d'aide en capital»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)

"operational support" means operational support as defined in The Public Schools Act; («aide de fonctionnement»)

"operational support program" means operational support program as defined in The Public Schools Act; («programme d'aide de fonctionnement»)

Sections 3 and 4 repealed and substituted

4           Sections 3 and 4 are repealed and the following is substituted:

Duties and powers

3           The board shall

(a)receive all moneys paid to the fund;

(b)administer the capital support program and, under that program, make payments out of the fund at such times, to such school divisions and in such amounts as the board may determine and in accordance with the regulations;

(c)make payments out of the fund at such times, to such school divisions and in such amounts as the minister, under the operational support program, may determine and in accordance with the regulations;

(d)perform and exercise such other duties, functions and powers as may be imposed or conferred upon it under this or any other Act of the Legislature or by regulations made under The Public Schools Act or The Education Administration Act;

(e)consider such matters as may be referred to it by the minister, and report thereon to the minister.

Subsection 6(1) amended

5           Subsection 6(1) is amended by adding "and the salaries of any officers and employees so appointed shall be paid out of the fund" at the end.

Subsection 6(2) repealed and substituted

6           Subsection 6(2) is repealed and the following is substituted:

Professional and expert assistants

6(2)        The board may obtain the advice and services of such professional, technical and expert persons as it deems necessary to carry out the business of the board, and shall pay out of the fund the salaries or fees of any persons engaged for that purpose; but the board shall not incur an indebtedness exceeding $5,000. in respect of any such person unless it has obtained the approval of the minister therefor.

Subsection 6(3) repealed and substituted

7           Subsection 6(3) is repealed and the following is substituted:

Temporary transfer of employees

6(3)        The minister may temporarily transfer to the board for its purposes any person employed under the minister in the Department of Education and Training.

Section 7 amended

8           Section 7 is amended by striking out "The Department of Education, The Department of Municipal Affairs" and substituting "the Department of Education and Training, the Department of Rural Development".

Subsection 8(1) repealed and substituted

9           Subsection 8(1) is repealed and the following is substituted:

Review of capital support program

8(1)        The board shall continually review the operation and cost of the capital support program.

Subsection 8(4) amended

10          Subsection 8(4) is amended by striking out "delay" and substituting "withhold".

Subsection 9(1) repealed and substituted

11          Subsection 9(1) is repealed and the following is substituted:

Continuation of fund

9(1)        The Government Support to Education Fund is continued under the name of "The Education Support Fund" and shall be under the control and supervision of the board; and, subject to subsections (4) and (5), the moneys in the fund shall be deposited in a bank.

Section 10 amended

12          Section 10 is amended by adding "and shall pay the costs thereof" at the end.

Subsection 13(1) amended

13          Subsection 13(1) is amended

(a)by striking out "four months" and substituting "6 months"; and

(b)by striking out "Minister of Education" and substituting "minister".

Section 13 amended

14          Section 13 is amended by striking out "Minister of Education" wherever it appears in subsection (2) and again in subsection (3) and, in each case, substituting "minister".

Section 19 added

15          The following is added after section 18:

Appearance before finance board and appeal

19          On request of a school division, the finance board shall reconsider any decision it has made under this Act and The Public Schools Act and shall permit the school division or its representative to appear before it to present evidence, make submissions and present argument and where, after the hearing before the finance board, the school division is not satisfied with its decision, the school division may appeal the matter to the minister whose decision is final and binding.

Coming into force

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