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The Public Schools Amendment Act

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S.M. 1998, c. 35



(Assented to June 29, 1998)

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 in clause (b) of the definition "resident pupil", by striking out "landed immigrant" and substituting "permanent resident as defined in the Immigration Act (Canada)".

3         Clause 21.3(d) is repealed and the following is substituted:

(d) sections 22 to 24;

(d.1) sections 26 and 27;

4(1)      Subsection 25(1) is amended by striking out "two years" and substituting "four years".

4(2)      Subsection 25(2) is repealed and the following is substituted:

Elections in school divisions and school districts

25(2)     Notwithstanding any provision of any other Act of the Legislature, elections for trustees shall be held on the same date on which general elections for members of municipal councils are held.

4(3)      Subsection 25(3) is repealed.

4(4)      Subsections 25(6) and (7) are repealed.

4(5)      The following is added after subsection 25(8):

Transitional re trustees' terms of office

25(9)     The term of office of each trustee who holds office on October 27, 1998 expires on October 28, 1998.

5         The following is added after subsection 41(12):

Ministerial regulations

41(12.1)  For the purpose of subsection (12), the minister may make regulations respecting information to be contained in the auditor's supplementary report.

6         Section 42 of the English version is amended by striking out "submitt" and substituting "submit".

7         Subsection 101(5) is amended in the section heading by striking out "Suspension of discharge" and substituting "Suspension or discharge".

8         Subsection 127(8) is amended by striking out "board of arbitration" and substituting "arbitrator".

9         Clause 175(1)(c) is amended by striking out "suppport" and substituting "support".

10(1)     Subsection 186(2) is amended by striking out "After receiving" and substituting "Subject to subsection (3), and after receiving".

10(2)     The following is added after subsection 186(2):

Apportionment of additional revenues in amalgamated division by differential mill rates

186(3)    Subject to subsections (4), (5) and (6), and after receiving notice under subsections (1) and (1.1), a school board of an amalgamated school division shall estimate the amount of revenue that will be required to be raised by a special levy on the total school assessment of the amalgamated division, and may apportion revenue to each municipality within the amalgamated division consistent with the levying of mill rates in differing amounts according to the boundaries of the original divisions that united to form the amalgamated division.

Three year limit for differential mill rates

186(4)    An amalgamated school division may apportion revenue consistent with the levying of differential mill rates for a period of no more than three calendar years commencing on January 1 following the date of amalgamation.

Common mill rate

186(5)    At the end of the period in subsection (4), an amalgamated division shall apportion revenue consistent with the levying of a common mill rate throughout the division.

Maximum differential mill rate

186(6)    A differential mill rate imposed under this section shall not exceed the highest mill rate imposed by any of the original divisions in the calendar year of the amalgamation.

11        Section 202 is amended by striking out "201(1)(b)" and substituting "201(2)(b)".

12        Sections 203 and 204 are repealed.

Coming into force

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