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The Public Schools Amendment (francophone Schools Governance) Act

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S.M. 1993, c. 33

The Public Schools Amendment (francophone Schools Governance) Act

(Assented to July 27, 1993)

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           Section 1 is amended by adding the following definitions in alphabetical order:

"francophone school board" means the board of trustees of the francophone school division; (« commission scolaire de langue française »)

"francophone school division" means the francophone school division established under Part I.1; (« division scolaire de langue française »)

3           In the following provisions of the French version, "région" is struck out and "zone" is substituted:

(a) subclauses 4.1(1)(b)(ii) and (iii);

(b) clause 5(1)(c);

(c) clause 5(4)(c);

(d) subsection 9(4);

(e) subclauses 9(7.3)(a)(i) and (ii);

(f) the section heading for subsection 14(2);

(g) clause 96(e).

4           Section 9.1 is amended

(a) by striking out "or northern school division" and substituting "northern school division or the francophone school division"; and

(b) in the French version, by striking out "région" and substituting "zone".

5           The following is added after section 21:

PART I.1

FRANCOPHONE SCHOOL DIVISION

DEFINITIONS

Definitions

21.1        In this Part,

"Charter" means the Canadian Charter of Rights and Freedoms; (« Charte »)

"entitled person" means

(a) a resident of Manitoba whose first language learned and still understood is French,

(b) a Canadian citizen resident in Manitoba who has received at least four years of primary school instruction in a francophone program in Canada, or

(c) a Canadian citizen resident in Manitoba who is the parent of a child who is receiving primary or secondary school instruction in a francophone program in Canada or who has received not less than four years of such instruction; (« ayant droit »)

"francophone program" means a primary or secondary educational program that provides classroom instruction in the French language and is designed for pupils whose first language learned and understood is French; (« programme français »)

"programme d'accueil" means a program designed to improve the French language skills of pupils whose French language skills do not meet the language requirements of the francophone program; (« programme d'accueil »)

"provider school board" means the school board of a school division or school district that operates a francophone program that is or may be designated for transfer to the francophone school board under section 21.19 or 21.27; (« cédant »)

"regional committee" means a regional committee referred to in section 21.9; (« comité régional »)

"regulations" means the regulations made under section 21.43; (« règlements »)

"school" includes a school site; (« école »)

"school committee" means a school committee referred to in section 21.13. (« comité scolaire »)

FRANCOPHONE SCHOOL DIVISION

Francophone school division established

21.2(1)     Not later than eight months after this Part comes into force, the Lieutenant Governor in Council shall, by regulation, establish a francophone school division and specify its name, number and boundaries or area.

Regions and wards

21.2(2)     The regulation made under subsection (1)

(a) shall divide the francophone school division into regions and specify their names and boundaries or area; and

(b) may divide a region into wards and specify their names and boundaries or area.

Amendment

21.2(3)     The Lieutenant Governor in Council may amend the regulation made under this section when it considers it advisable to do so.

Act applies to the francophone school division

21.3        This Act applies to the francophone school division with the exception of the following provisions:

(a) sections 4.1 to 6;

(b) subsections 7(1), (2), (3) and (6);

(c) subsections 9(4) and (6) to (12);

(d) sections 22 to 27;

(e) subsection 41(4);

(f) sections 57 and 58;

(g) section 79;

(h) subsections 186(1.2) and (2);

(i) sections 187 to 190.

FRANCOPHONE SCHOOL BOARD

Francophone school board

21.4(1)     The francophone school board, consisting of trustees elected in accordance with section 21.40, is responsible for the administration of the francophone school division.

Number of trustees

21.4(2)     The number of trustees of the francophone school board is to be specified in the regulations, but the number may not be less than five or more than 11.

Duty to provide programs

21.5(1)     The francophone school board shall, subject to this Act and consistent with and to the extent required by section 23 of the Charter,

(a) provide a francophone program for resident pupils in such minority language education facilities as may be required; and

(b) provide a programme d'accueil for resident pupils whose French language skills do not meet the language requirements of the francophone program.

Programs where numbers warrant

21.5(2)     The programs described in subsection (1) shall be provided where numbers warrant, based on the number of pupils expected to take advantage of the programs.

When duties begin

21.5(3)     The duties under this section begin on July 1 in the year after the first francophone school board is elected.

Agreements with other boards

21.6(1)     The francophone school board may enter into agreements with other school boards or the minister, or both, regarding

(a) the provision by the francophone school board of programs outside its boundaries or in schools it does not operate; and

(b) the payment or sharing of costs respecting the delivery of those programs.

Directed agreement

21.6(2)     If the minister considers it advisable to do so or necessary under section 23 of the Charter, the minister may direct the francophone school board and another school board to enter into an agreement under subsection (1), and in that case the minister may set some or all of the terms of the agreement.

Board may promote programs and language

21.7        The francophone school board may

(a) promote and distribute information in the province about programs available in the francophone school division; and

(b) engage in activities to promote the French language and culture in connection with its duty to provide education.

Delegation of powers and duties

21.8        The francophone school board may delegate any of its powers and duties to a regional committee, except

(a) a power or duty that must be exercised or performed by by-law or resolution;

(b) the approval of annual estimates of expenses and revenues; and

(c) the appointment of an auditor, a secretary-treasurer or a superintendent.

REGIONAL COMMITTEES AND SCHOOL COMMITTEES

Regional committees

21.9(1)     For each region of the francophone school division, a regional committee shall be elected in accordance with sections 21.35 to 21.37.

Responsibilities of regional committees

21.9(2)     It is the responsibility of a regional committee to

(a) advise the francophone school board about school matters in the region;

(b) make recommendations each year to the francophone school board about short and long term educational priorities in the region;

(c) review and make recommendations to the francophone school board about the policies, procedures, programs and activities of the francophone school division;

(d) prepare and submit to the francophone school board, in accordance with any directions provided by the board, an estimate of the annual and monthly expenditures for the region;

(e) review and make recommendations to the francophone school board about the proposed annual budget for the school division before the budget is submitted to the minister;

(f) communicate decisions of the francophone school board, including budget decisions, to each school committee in the region;

(g) prepare and submit to the francophone school board a list of capital construction projects for the region and make recommendations as to their priority in the region;

(h) monitor programs and recommend adjustments to those programs to the francophone school board when warranted;

(i) make recommendations to the francophone school board about the provision of educational support services in the region;

(j) make recommendations to the francophone school board about the transportation of pupils in the region;

(k) coordinate cultural and recreational activities in schools on a regional basis; and

(l) perform any duties delegated to it by the francophone school board.

Consultation with regional committees

21.10       The francophone school board shall consult each regional committee about

(a) the proposed annual budget for the francophone school division;

(b) the opening, closure or transfer of schools in the region;

(c) any major change to a francophone program or support service provided in the region or in a particular school in the region;

(d) general criteria for selecting principals and teachers;

(e) rules of conduct and safety governing pupils;

(f) the organization of social, cultural and recreational activities in schools; and

(g) any other matter that the francophone school board considers advisable.

Procedure

21.11(1)    A regional committee may determine its own practice and procedure.

Open meetings

21.11(2)    Subsection 30(3) (meetings of a school board to be held openly) applies to meetings of a regional committee, with necessary modifications.

Members may appear on personal matters

21.11(3)    A member of a regional committee has the same right as any other resident to appear before a meeting of the regional committee or the francophone school board in order to represent the member's personal interest in a matter before the committee or the board.

Facilities for regional committees

21.12       The francophone school board shall provide suitable facilities and services in each region for the regional committees to use when performing their functions.

School committees

21.13(1)    A school committee shall be established for each school in which a francophone program is operated by the francophone school board.

Formation and mandate

21.13(2)    The formation, composition and mandate of school committees is to be specified by by-law of the francophone school board.

Consultation with school committees

21.14       A regional committee shall consult each school committee located in the region about matters affecting the particular school and invite comments on the matters described in section 21.9 and on any other matter that the regional committee considers advisable.

ENTITLEMENT TO ATTEND PROGRAMS

Children of entitled persons to be admitted

21.15(1)    Subject to subsection (2), the francophone school board shall admit to a program it provides under section 21.5,

(a) any resident pupil at least one parent of whom is an entitled person; and

(b) if it is reasonably practicable to do so, any non-resident pupil at least one parent of whom is an entitled person.

Admission of non-fluent children

21.15(2)    The francophone school board may require a pupil whose French language skills do not meet the language requirements of the francophone program to attend a programme d'accueil for a period of time determined by the board.

Board may require information from parent

21.15(3)    The francophone school board may require the parent of a child to provide any information the board requests to establish that the parent is entitled to have the child attend a program provided by the board.

Entitlement of children in transferred program

21.15(4)    Even if a parent is not an entitled person, if a child attends a francophone program that is designated for transfer to the francophone school board under section 21.19, the parent of the child is entitled to have that child continue to attend the transferred program, and the francophone school board shall admit the child at the parent's request.

Admission of other children

21.15(5)    The francophone school board may admit any other child whose parents have made a written request for admission to the board.

Non-resident pupils: programs and costs

21.15(6)    When non-resident pupils attend a program provided by the francophone school board, subsections 41(5) and (6) (concerning programs that are not offered locally and the payment of costs) apply.

Admissions committee

21.16       The francophone school board may establish an admissions committee to review and make recommendations to the board about the admission of children to programs provided by the board.

Appeal to minister re admissions

21.17       Either a parent or the francophone school board may ask the minister to review a decision of the board as to the parent's entitlement under subsection 21.15(1) or (4) to have his or her child attend a program provided by the board, and the minister shall appoint a person or persons to make a final determination as to entitlement.

SCHOOLS AND PROGRAMS OPERATED BY THE FRANCOPHONE SCHOOL BOARD

Initial Transfer of Programs and Schools

Consultation re transfer of programs

21.18(1)    Before the first election of regional committees, the minister shall consult with parents who are entitled persons about their wishes to have francophone programs transferred from provider school boards to the francophone school board.

Method of consultation

21.18(2)    Consultation may take place in any manner that the minister considers appropriate.

Regulation designating programs

21.19(1)    After consultation takes place and before the first election of regional committees, the Lieutenant Governor in Council shall, by regulation, designate the francophone programs to be transferred from provider school boards to the francophone school board.

Whether other programs in same school

21.19(2)    The regulation under subsection (1) shall specify whether, in the school where the designated program is located,

(a) only a francophone program is being provided by the provider school board; or

(b) programs in addition to francophone programs are being provided by the provider school board.

Date of transfer

21.19(3)    The date of the transfer of a francophone program designated for transfer under this section shall be determined by regulation.

Transfer of single program schools

21.20       If a francophone program is designated for transfer under section 21.19 and the regulation specifies that only a francophone program is being provided in the school, the school shall, on a date determined by regulation, be transferred from the provider school board to the francophone school board for the exclusive use of the francophone school board.

Agreement re transfer or shared use of schools

21.21(1)    If a francophone program is designated for transfer under section 21.19 and the regulation specifies that programs in addition to francophone programs are being provided in the school, immediately after the first election of the francophone school board, each affected provider school board and the francophone school board shall make every reasonable effort to reach an agreement about the transfer or shared use of schools to ensure that the francophone school board has adequate premises in which to provide the program transferred to it.

Content of agreement

21.21(2)    An agreement reached under subsection (1) shall specify

(a) the name of any school to be transferred from a provider school board to the francophone school board for the exclusive use of the francophone school board;

(b) the name of any school to be transferred from a provider school board to the francophone school board, subject to the right of the provider school board to share the use of the school; and

(c) the name of any school to be retained by a provider school board, subject to the right of the francophone school board to share the use of the school.

Agreement filed with the minister

21.21(3)    An agreement reached under this section shall be filed with the minister.

If no agreement reached

21.21(4)    If a provider school board and the francophone school board fail to file an agreement required under this section within 60 days after the first election of the francophone school board, the minister shall appoint an arbitrator to determine the matter.

Arbitrator to file report

21.21(5)    An arbitrator shall, within 60 days of the appointment,

(a) enquire into the dispute between the parties;

(b) hear and determine the issue; and

(c) file a report with the minister that determines the matters described in subsection (2) and gives any further direction to the parties about sharing arrangements that the arbitrator considers advisable.

Objectives

21.21(6)    In making a determination, the arbitrator shall have regard to the objectives of

(a) maintaining harmonious relations in a community; and

(b) avoiding or minimizing any adverse impact on individual pupils.

Report binding

21.21(7)    The arbitrator's report is final and binding on the parties.

Transfer of ownership: exclusive use schools

21.22(1)    When a school is to be transferred to the francophone school board for its exclusive use

(a) under section 21.20; or

(b) by agreement or an arbitrator's report under section 21.21;

the right to possession and ownership or any other interest of the provider board in the lands, buildings, furnishings, equipment, teaching materials and all other property on or used in connection with the school vests, on a date determined by regulation, in the francophone school board, and the provider school board ceases to have any jurisdiction or interest in the property.

Transfer of ownership: shared use schools

21.22(2)    When a school is transferred to the francophone school board subject to the right of the provider school board to share the use of the school, either by agreement or an arbitrator's report under subsection 21.21, the right to possession and ownership or any other interest of the provider board in

(a) the lands and buildings used in connection with such schools; and

(b) the furnishings, equipment, teaching materials and other property used primarily in connection with the francophone programs located in those schools;

vests in the francophone school board on a date determined by regulation, and the provider school board ceases to have any jurisdiction or interest in the property other than its right to share the use of that school in accordance with an agreement under section 21.21 and 21.23.

Transfer without compensation

21.22(3)    The transfer of possession or ownership or other interest in property under subsection (1) and (2) is to be made without compensation, subject to existing contractual liabilities and obligations of the provider school board that relate to the property.

Liabilities and obligations

21.22(4)    The contractual liabilities and obligations described in subsection (3) cease to be the responsibility of the provider school board on the date of the transfer.

Agreements re shared use

21.23       When the use of a school is to be shared under an agreement or arbitrator's report under section 21.21, the provider school board and the francophone school board shall enter into a further agreement respecting the details of that shared use, and the agreement may include a procedure for periodic review or termination of the shared use arrangement.

Disputes

21.24(1)    If there is a dispute between the francophone school board and the provider school board about

(a) what furnishings, equipment, teaching materials and other property are located on or used in connection with a school under subsection 21.22(1);

(b) what furnishings, equipment, teaching materials and other property are used primarily in connection with a francophone program under clause 21.22(2)(b);

(c) the nature of any other obligations and liabilities that it would be appropriate for the francophone school board to assume as a result of the transfer of property; or

(d) the content of an agreement to be entered into under section 21.23;

either board may refer the matter to the committee established under this section for its determination.

Minister may refer a matter

21.24(2)    In addition, the minister may refer to the committee any other matter related to the transfer or shared use of any school for its advice and opinion or its determination.

Committee

21.24(3)    The committee shall consist of three persons, one of whom is named by the francophone school board, one of whom is named by the provider school board and one of whom is named by the minister.

Authority of committee

21.24(4)    When a matter is referred to the committee for its determination, the committee shall finally determine the matter and may, if the dispute is about what the terms of an agreement under section 21.23 should be, prescribe those terms.

Committee's determination binding

21.24(5)    A determination by the committee is final and binding on the parties.

Costs

21.24(6)    Each party is responsible for the fees and expenses of its nominee to the committee and for an equal share of any other fees and expenses related to the determination of the matter by the committee.

Transfers of Programs and Schools in Later Years

Request to transfer school or program

21.25(1)    At any time after the francophone school board has provided programs under section 21.5 for more than two years, a request may be made to the minister

(a) that a francophone program be transferred from a provider school board to the francophone school board; and

(b) to ensure that there are premises in which to provide that francophone program,

(i) that a school be transferred from the provider school board to the francophone school board, either for the exclusive use of the francophone school board or subject to the right of the provider school board to share the use of the school, or

(ii) that the francophone school board be entitled to share the use of a school operated by the provider school board.

Who may make a request

21.25(2)    A request may be made by

(a) the provider school board that provides the francophone program; or

(b) entitled persons who are parents of

(i) at least 10 pupils in the francophone program, in the case of a francophone program with fewer than 100 pupils, or

(ii) 10% or more of the pupils in the francophone program, in the case of a francophone program with more than 100 pupils.

Referral to the board of reference

21.25(3)    The minister shall refer a request made under subsection (2) to the board of reference, and the minister may also refer a matter to the board of reference on his or her own initiative.

Hearing and determination

21.26(1)    If a referral is made under subsection 21.25(3), the board of reference shall

(a) determine whether a hearing should be held in the French language or in both the French and English languages;

(b) hold a hearing in accordance with subsections 9(3) (fixing a date for the hearing) and 9(5) (hearing); and

(c) take steps to determine the wishes of entitled persons whose children are enrolled in the francophone program that is the subject of the request, subject to any requirements specified in the regulations.

Notice of hearing

21.26(2)    The board of reference shall send a notice that describes the matter and sets out the date, time and place for the hearing and the process for determining the wishes of entitled persons to

(a) the provider school board;

(b) the francophone school board; and

(c) the entitled persons whose children are enrolled in the francophone program that is the subject of the request.

Publication of notice

21.26(3)    The board of reference shall ensure that a copy of the notice is published at least once in a newspaper having circulation in the school division or school district of the provider school board.

Report

21.26(4)    The board of reference shall make a report that sets out

(a) the results of the determination of the wishes of entitled persons;

(b) its decision as to whether the request should be granted; and

(c) if the request should be granted, which premises should be provided to the francophone school division for the francophone program.

Notice of the determination

21.26(5)    The board of reference shall send a copy of the report to

(a) the minister;

(b) the provider school board;

(c) the francophone school board; and

(d) if the request was made by parents, any person designated for the purpose by the parents, or if no person was designated, the parent first named in the request.

Limitation

21.26(6)    If a hearing is held under this section, another request that relates to the same francophone program cannot be made until at least three years after the date of the hearing.

Regulation transferring program

21.27(1)    If the report under subsection 21.26(4) indicates that the request should be granted, the Lieutenant Governor in Council shall, by regulation, designate the francophone program to be transferred to the francophone school board and specify the matters set out in subsection 21.19(2).

Transfer of program and property

21.27(2)    Subsection 21.19(3) and sections 21.21 to 21.24 apply, with necessary modifications, when a francophone program is designated for transfer under this section.

Individual rights preserved

21.28       For greater certainty, nothing in sections 21.18 to 21.27 limits

(a) the right of an individual entitled person to request the francophone school board to provide French language instruction for his or her child; or

(b) the duty of the francophone school board under section 21.5 to provide such instruction as may be required in the circumstances by section 23 of the Charter.

Discontinuance of Programs by Provider School Boards

Discontinuance of program by provider school board

21.29       After the first election of the francophone school board, a provider school board shall not discontinue a francophone program unless

(a) the program is transferred to the francophone school board under section 21.19 or 21.27; or

(b) at least 60 days notice of the proposed discontinuance is given to the francophone school board and the minister and the minister consents to the discontinuance based on

(i) a decline in enrollment sufficient to render the continued delivery of the program impracticable, or

(ii) any other reason that the minister considers acceptable.

TRANSPORTATION OF PUPILS

Transportation of pupils

21.30(1)    The francophone school board shall, on or before June 1 in the year it first provides programs under section 21.5, prepare a written plan for the approval of the minister describing the means by which it proposes to meet its obligations under this Act for the transportation of pupils.

Directed agreement

21.30(2)    If the minister considers it advisable to do so, the minister may direct the francophone school board and any provider school board to reach an agreement about the transportation of pupils or the transfer or shared use of existing school buses, and if no agreement is reached the minister may

(a) direct the terms of such an agreement; or

(b) refer the matter to the committee established under section 21.24, in which case subsections 21.24(4), (5) and (6) apply with necessary modifications.

LANGUAGE OF INSTRUCTION AND ADMINISTRATION

Language of instruction

21.31(1)    To ensure that its pupils master the French language, the francophone school board shall provide at least 75% of its classroom instruction in each grade in the French language.

English as subject of instruction

21.31(2)    To ensure that its pupils develop and maintain proficiency in the English language, the francophone school board shall require English to be a subject of instruction in every class in Grades IV to XII in the francophone school division, but the time allotment for English in each grade must not exceed 25% of classroom instruction.

Exception for first three years

21.31(3)    For not more than three years after a francophone program is transferred to the francophone school board, the board

(a) shall, in the case of a program designated for transfer under section 21.19; and

(b) may, in the case of a program designated for transfer under section 21.27;

permit less than 75% of classroom instruction to be provided in the French language for pupils who attended the francophone program before the transfer, if less than 75% of classroom instruction in the transferred program was in the French language.

Exception for technical and vocational programs

21.31(4)    The francophone school board may permit less than 75% of classroom instruction to be provided in the French language for pupils attending a francophone technical or vocational program, if in the opinion of the board there are sound pedagogical and financial reasons to do so.

Language of administration

21.32(1)    The administration and operation of the francophone school division shall be carried out in the French language.

Exception

21.32(2)    When circumstances warrant, the francophone school division may operate in a language other than the French language.

FINANCIAL MATTERS

Estimate of expenses and revenues

21.33(1)    Each year, the francophone school board shall submit to the minister an estimate of its expenses and revenues for the next fiscal year.

Application of Part IX

21.33(2)    The estimate of expenses and revenues is to be in accordance with Part IX, to the extent it applies to the francophone school board.

Financial support

21.34       The revenue of the francophone school division shall include

(a) support provided under Part IX and grants that may be provided under Part X, including any support or grant that may be provided to enable the francophone school division to deliver the instruction required by section 23 of the Charter;

(b) payments from each school division, equivalent to the total raised by the special levy on assessable property, divided by the number of pupils resident in that school division attending public schools, multiplied by the number of pupils resident in that division attending a program provided by the francophone school board;

(c) for non-resident pupils attending a program provided by the francophone school board, payment of residual costs by the pupil's home school division as required by subsections 41(5) and (6);

(d) where the francophone school board provides a program outside the francophone school division or in schools it does not operate, payment by the other school division of such fees and charges as are required under section 21.6.

ELECTION OF REGIONAL COMMITTEE MEMBERS AND TRUSTEES

Election of regional committee members

21.35(1)    Members of the regional committees are to be elected in accordance with this section and sections 21.36 and 21.37.

Number of members

21.35(2)    The number of members to be elected to each regional committee and, if the region is divided into wards, in each ward, is to be specified in the regulations.

Date of first election

21.35(3)    The first election of members of the regional committees is to be held on a day specified in the regulations.

Date of subsequent elections

21.35(4)    Subsequent elections are to be held on a day specified in the regulations in the same month and year that elections for school trustees are required to be held under subsection 25(2), except that the second election must not be held until the francophone school board has provided programs under section 21.5 for at least 12 months.

Conduct of elections

21.35(5)    The nomination of candidates and the conduct of elections of members of the regional committees shall be in accordance with the regulations.

"Entitled person" includes a spouse

21.36(1)    In this section, "entitled person" includes a spouse of an entitled person who is either legally married to the entitled person or, if not legally married, has cohabited with the entitled person for a period of at least 12 months immediately before the election.

Qualification of electors: first election

21.36(2)    A person is entitled to vote in the first election of members of a regional committee if the person, on the date of the election,

(a) is 18 years of age or older;

(b) is a Canadian citizen who has been a resident of Manitoba for at least six months;

(c) is a parent

(i) whose child is enrolled in a francophone program located in the region, and in the ward if the region is divided into wards, if the program is designated for transfer to the francophone school board under section 21.19, or

(ii) who is an entitled person residing in the region, and in the ward if the region is divided into wards, who has indicated that he or she wishes the francophone school board to provide instruction for his or her child who will be of school-age on the date the francophone school board first provides programs under section 21.5; and

(d) is not disqualified under this Act or any other Act, and is not otherwise prohibited by law from voting in school division or school district elections.

Qualification of electors: subsequent elections

21.36(3)    A person is entitled to vote in subsequent elections of members of a regional committee if the person, on the date of the election,

(a) is 18 years of age or older;

(b) is a Canadian citizen who has been a resident of Manitoba for at least six months;

(c) is a parent

(i) whose child is enrolled in a program provided in the region by the francophone school board, and in the ward if the region is divided into wards, or

(ii) who resides in the region, and in the ward if the region is divided into wards, and who is an entitled person who in the year before the election has requested the francophone school board to provide instruction for his or her school-age child, but whose child is not yet enrolled in a program provided by the francophone school board; and

(d) is not disqualified under this Act or any other Act, and is not otherwise prohibited by law from voting in school division or school district elections.

Additional electors determined by regulation

21.36(4)    In addition, any other class of entitled persons prescribed by the regulations is entitled to vote in a subsequent election of members of regional committees.

Eligibility to vote in other elections

21.36(5)    A person who is eligible to vote in both

(a) an election for a school board other than the francophone school board; and

(b) an election for members of a regional committee;

may vote in both elections.

Qualifications of regional committee members

21.37(1)    Subject to subsection (2), a person is qualified to be nominated for and elected as a member of a regional committee if

(a) the person is a qualified elector under section 21.36; or

(b) the person

(i) is able to participate in the conduct of school division business in the French language,

(ii) is 18 years of age or older on the day of the election, and

(iii) is a Canadian citizen who has been a resident of the region, and of the ward if the region is divided into wards, for at least six months on the day of the election.

Persons not qualified

21.37(2)    A person is not qualified to be nominated for or elected as a member of a regional committee if the person

(a) is an employee of the francophone school division or a pupil in regular attendance of the francophone school division; or

(b) is disqualified under this Act or any other Act or is otherwise prohibited by law from being a trustee.

Term of office

21.37(3)    Members of a regional committee hold office for a term that

(a) begins 14 days after the election or on the day of the first regional committee meeting, whichever occurs first; and

(b) ends 14 days after the next election in a regular election year or on the day of the first regional committee meeting after the election, whichever occurs first.

"Regular election year"

21.37(4)    In subsection (3), "regular election year" means the year in which school trustees are elected under subsection 25(2).

Election of chairperson and vice-chairperson

21.38       At the first meeting of a regional committee following the election of members of the committee, the members present shall elect from among themselves a chairperson and a vice-chairperson for the next year.

Filling of committee member vacancies

21.39(1)    When a vacancy occurs on a regional committee, the committee shall make provision to fill the vacancy by holding a by-election in accordance with the regulations.

Vacancy in final year of term

21.39(2)    When a vacancy occurs in the year in which a term expires, the regional committee may decide not to fill the vacancy.

Election of trustees

21.40(1)     The trustees of the francophone school board shall be elected by the regional committees in accordance with this section.

Election to be held at first meeting

21.40(2)    At the first meeting of each regional committee following a regular election, the members shall elect from among themselves, by secret ballot, the number of francophone school board trustees specified in the regulations to be elected for the region.

Date of first meeting of regional committee

21.40(3)    The first meeting of a regional committee is to be held within 14 days after the election, at a time to be fixed,

(a) in the case of a first election of members of the regional committee, by the returning officer in the election; and

(b) in the case of subsequent elections, by the secretary-treasurer of the francophone school division;

and the returning officer or the secretary-treasurer shall notify each member in writing of the time and the place of the meeting.

Presiding officer

21.40(4)    The secretary-treasurer of the francophone school division shall preside at an election under this section but if the secretary-treasurer is not present, the members of the regional committee present shall select one of themselves to preside at the election, and that member may vote in the election.

Tie vote

21.40(5)    If there is a tie vote in electing a trustee of the francophone school board, the regional committee shall determine, by lot, who shall cast the deciding ballot.

Term of office

21.40(6)    The term of office for trustees of the francophone school board begins on the day the trustees are elected and ends on the same day the term of office for members of the regional committees ends under clause 21.37(3)(b).

Trustee in one division only

21.40(7)    No person may be a trustee or a regional committee member of the francophone school board and a trustee of another school board at the same time.

Local Authorities Election Act does not apply

21.40(8)    The Local Authorities Election Act does not apply to the election of trustees of the francophone school board.

Oath of office

21.41       A person elected as a trustee of the francophone school board shall, before assuming the duties of office, make an affidavit of qualification and take the oath of office in Form I of Schedule D.

Filling of trustee vacancies

21.42       When the position of a trustee of the francophone school board becomes vacant before the expiry of the trustee's term, the regional committee that elected the trustee shall, within 20 days of the date of the vacancy, elect another trustee from among its members to hold office for the unexpired balance of the term.

REGULATIONS

Regulations

21.43       For the purpose of this Part, the Lieutenant Governor in Council may make regulations

(a) assigning duties to the francophone school board in addition to those described in subsection 21.5(1);

(b) for the purpose of subsection 21.4(2), specifying the total number of trustees to be elected to the francophone school board and the number to be elected by each regional committee;

(c) determining the date of transfer of francophone programs and property for the purposes of subsection 21.19(3), section 21.20 and subsections 21.22(1) and (2);

(d) for the purpose of clause 21.26(1)(c), respecting the method by which the board of reference is to determine the wishes of entitled persons and respecting any guidelines the board must consider in determining whether a request should be granted;

(e) respecting the election of members of regional committees including, but not limited to,

(i) specifying the number of members to be elected to each regional committee and the number to be elected in each ward if the region is divided into wards,

(ii) specifying when elections are to be held,

(iii) respecting the nomination of candidates and the conduct of elections,

(iv) for the purpose of subclauses 21.36(2)(c)(ii) and (3)(c)(ii), specifying when and in what manner a person must indicate a wish to have instruction provided for his or her child,

(v) for the purpose of subsection 21.36(4), specifying additional classes of persons who are entitled to vote in elections, and

(vi) respecting by-elections to fill vacancies;

(f) adjusting the date or period of time within which anything is required to be done under this Part, if in the opinion of the Lieutenant Governor in Council it is necessary to make an adjustment in the interests of an orderly transition;

(g) respecting any transitional or other problem resulting from the establishment of the francophone school division;

(h) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable.

TRANSITIONAL PROVISIONS FOR EMPLOYEES

"Designated teacher"

21.44(1)    In this section and in section 21.45, "designated teacher" means a teacher or principal who, on February 1 in the year the francophone school board first provides programs under section 21.5, is employed by a school board

(a) under a Form 2 agreement set out in Schedule D; and

(b) in a position in a francophone program that is designated for transfer to the francophone school board under section 21.19;

and includes a person on authorized leave or secondment from such a position.

Invitation to designated teachers

21.44(2)    Before April 1 in the year the francophone school board first provides programs under section 21.5, the francophone school board shall in writing invite each designated teacher to give a written indication, within 14 days of receiving the invitation, as to whether he or she would accept a position with the francophone school board that is substantially similar to the position the teacher occupied on February 1 of that year.

List given to bargaining agent

21.44(3)    The francophone school board shall give to each bargaining agent for designated teachers a list of the teachers in the bargaining unit who respond affirmatively to an invitation under subsection (2).

Offers

21.44(4)    Before May 1 of the year referred to in subsection (2), the francophone school board shall in writing offer a position to as many of the designated teachers who respond affirmatively to an invitation under subsection (2) as the board determines it requires based on projected enrollment.

Offer of similar position

21.44(5)    An offer must be an offer of a position substantially similar to the position the teacher occupied on February 1 of the year referred to in subsection (2).

Acceptance or rejection of offers

21.44(6)    An offer must inform the designated teacher that he or she must notify the francophone school board and the provider school board in writing, on or before May 21, of a decision to accept or reject the offer.

Offers in accordance with seniority

21.44(7)    When a program is to be transferred to the francophone school board and the board is unable to offer positions to all designated teachers employed in the program to be transferred to the board who have responded affirmatively to an invitation under subsection (2), the board shall make offers to the designated teachers in accordance with the relative seniority of the teachers in the school division of the provider school board who are qualified for the position or positions to be filled.

Offer conditional

21.44(8)    An offer is subject to the following conditions:

(a) the designated teacher must have a functional command of the French language; and

(b) the designated teacher must not have received notice from the provider school board of the termination or pending termination of his or her employment, for any reason other than the teacher's anticipated transfer to the francophone school board.

Offers given to provider school board

21.44(9)    The francophone school board shall

(a) give a copy of every offer it makes to the provider school board that employs the teacher; and

(b) give a list of the designated teachers to whom it has made offers to the bargaining agent for the teachers.

Priority to designated teachers

21.44(10)   In filling teaching positions for its first year of operation, the francophone school board shall not hire a teacher other than a designated teacher who has responded affirmatively to an invitation under subsection (2) if there is a designated teacher who is qualified, willing and able to fill the position and who meets the conditions described in subsection (8).

Terms and conditions of employment

21.45(1)    Until a new collective agreement or agreements are finalized between the francophone school board and its teachers, the terms and conditions of employment of the designated teachers who accept positions in the francophone school division shall be those defined by the collective agreements under which the designated teachers were employed as of June 30 of the year duties begin.

Continuous service

21.45(2)     Subsections 12(1) and (2) apply only to designated teachers who accept positions with the francophone school board under section 21.44.

Sick leave credits continued

21.45(3)    A designated teacher who accepts a position with the francophone school board under section 21.44 remains entitled to the sick leave credits to which he or she was entitled immediately before employment by the francophone school board.

Effect of merger on bargaining: teachers

21.45(4)    The Collective Agreement Board referred to in section 150 shall, not later than December 31 after offers are made under subsection 21.44(4),

(a) determine the size and number of units appropriate for collective bargaining; and

(b) determine and certify which local society shall act as the bargaining agent for teachers employed by the francophone school board.

Expanded jurisdiction of board

21.45(5)    Until a new collective agreement or agreements are finalized between the francophone school board and its teachers, the Collective Agreement Board may prescribe any modification or restriction that the Board considers advisable to any provision of a collective agreement that is binding on teachers employed by the francophone school board at the time of merger, other than a provision concerning remuneration or benefits.

When Board may act

21.45(6)    The Collective Agreement Board may exercise its jurisdiction under subsection (5) at any time after the day the francophone school board first provides programs under section 21.5, on the application of a bargaining agent for a party to a collective agreement, or the francophone school board or on the Board's own initiative.

What board must consider

21.45(7)    In exercising its jurisdiction under subsection (5), the Collective Agreement Board shall consider the extent to which and the fairness with which the provisions of the collective agreement have been or could be applied to the teachers affected in order to

(a) remove any inconsistencies or conflicts between two or more collective agreements or resulting from intermingling; and

(b) define or redefine the seniority rights under any collective agreement of the teachers affected by the merger.

Additional powers of the Board

21.45(8)    In addition, the Collective Agreement Board may hear and determine any dispute about the way in which the francophone school board determines seniority under subsection 21.44(7).

Terms and conditions of employment: non-teachers

21.46(1)    Until

(a) a new collective agreement or agreements are finalized between the francophone school board and its non-teachers; or

(b) a new contract of employment is reached between the board and any of its non-teachers not subject to a collective agreement;

the terms and conditions of employment of the non-teachers in the schools and programs transferred to the francophone school board shall be those defined by the collective agreements or contracts under which those non-teachers were employed as of June 30 of the year duties begin.

Effect of merger on bargaining: non-teachers

21.46(2)    Section 56 of The Labour Relations Act applies, with necessary modifications, to employees covered by that Act who are employed in a school or program transferred to the francophone school board and, for the purpose of subsection 56(2) of that Act, those employees are deemed to have been intermingled.

Exception

21.46(3)    Subsection (2) does not apply to senior officers or employees holding administrative or supervisory positions with a provider school board or to the staff of a provider school board not employed in a school.

Pensions for non-teachers

21.46(4)    In meeting its obligations under section 50, the francophone school board shall continue the superannuation or pension plans of non-teachers formerly employed by provider school boards.

General powers re pensions

21.46(5)    Nothing in subsection (4) prohibits the francophone school board from exercising the powers it otherwise has respecting superannuation and pension plans under section 50.

New teachers and employees during transition

21.47(1)    When the francophone school board hires

(a) a teacher other than a designated teacher; or

(b) an employee to be employed in a school other than an employee to whom section 21.46 applies;

the terms and conditions of employment of the teacher or employee shall be determined by the appropriate collective agreement, employment contract or employment relationship affecting employees performing the same or substantially the same duties, having due regard to the employment of the person and the location of the employment.

Rights of non-designated teachers continued

21.47(2)     If, before the end of the first year it provides programs under section 21.5, the francophone school board hires a non-designated teacher who has lost his or her position with a provider school board because of the transfer of francophone programs to the francophone school board, the teacher is deemed to be a designated teacher for the purpose of 21.45, which applies with necessary modifications.

Grievances

21.48       Despite subsection 21.45(1) and section 21.46, a grievance relating to an event or matter occuring or arising before the day the francophone school board begins to provide programs under section 21.5 shall be dealt with under the applicable collective agreement by the original parties to that agreement, but the francophone school board shall be given notice of an arbitration proceeding that could potentially affect it and may be added as a party if the arbitrator considers it appropriate to do so.

Regulations re employees when program transferred in later years

21.49       The Lieutenant Governor in Council may make regulations respecting transitional matters affecting employees when a francophone program is designated for transfer under section 21.27.

6           The following is added after subsection 79(4):

Francophone school division

79(4.1)      After the first election of the francophone school board,

(a) subsection (3) does not apply to a petition by parents who wish to exercise their rights under section 23 of the Charter;

(b) any school board that receives a petition under subsection (3) for French instruction designed for pupils whose first language is French may refer the petition to the francophone school board instead of providing the French instruction; and

(c) where a petition is referred to the francophone school board before it provides programs under section 21.5, the minister, after consulting with the francophone school board, may prescribe any necessary interim measures related to such a petition.

7           Subsection 175(1) is amended by adding the following after clause (g):

(g.1) prescribing the times at which and the manner in which school boards shall remit amounts required to be remitted to the francophone school board under section 190.1;

8           The following is added after section 190:

Transfer of special levy to francophone school division

190.1       Each year, the school board of the school division in which a pupil of the francophone school division resides, at the times and in the manner prescribed by regulation, shall remit to the francophone school board an amount equivalent to the total raised by the special levy on assessable property, divided by the number of pupils resident in that school division attending public schools, multiplied by the number of pupils resident in that division attending a program provided by the francophone school board as of September 30 in each year.

Coming into force

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