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The Public Schools Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2004, c. 15

Bill 19, 2nd Session, 38th Legislature

The Public Schools Amendment Act

(Assented to June 10, 2004)

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           Clause (b) of the definition "resident pupil" in section 1 is amended by striking out "Immigration Act (Canada)" and substituting "Immigration and Refugee Protection Act (Canada)".

3           The following is added after section 17:

Frontier Collegiate Institute (Cranberry Portage) advisory committee

17.1(1)     For Frontier Collegiate Institute, located in Cranberry Portage, the minister may make regulations

(a) establishing an advisory committee to be known as the Frontier Collegiate Institute advisory committee;

(b) specifying the size and structure of the committee; and

(c) providing for the membership of the committee, including how members are to be nominated and the length of their terms.

Function of Frontier Collegiate Institute advisory committee

17.1(2)     The Frontier Collegiate Institute advisory committee is to advise the area superintendent and the principal with respect to school matters concerning the collegiate and is to encourage community involvement in the collegiate.  Also, the committee is to conduct the reviews and make the recommendations set out in clauses 17(6)(a) to (f).

4           The French version of subsection 21.35(1) is amended by striking out "21.26" and substituting "21.36".

5(1)        Clause 21.38(2)(a) is amended by striking out "an employee of the francophone school division or".

5(2)        The following is added after subsection 21.38(2):

Employee elected as trustee

21.38(3)    An employee of the francophone school division is disqualified from serving as a trustee of that division unless he or she takes a leave of absence under subsection 48.1(4) (leave of absence for elected candidate).

6           Section 22 is amended by renumbering it as subsection 22(1) and adding the following as subsections 22(2) and (3):

Persons who are disqualified

22(2)       The following persons are disqualified from being nominated for election as a trustee and from being elected or remaining as a trustee:

(a) a member of the Legislative Assembly or the Senate or House of Commons of Canada;

(b) a member of the council of a municipality;

(c) a pupil in regular attendance at a school within the same school division or school district.

Employee elected as trustee

22(3)       An employee of the same school board, school division or school district is disqualified from serving as a trustee unless he or she takes a leave of absence under subsection 48.1(4) (leave of absence for elected candidate).

7           Subsection 24(3) is amended by adding "But no referral is to be made where, as a result of a regulation made under section 24.2, a school board has more than nine trustees." at the end.

8           The following is added after section 24:

Definitions

24.1        In sections 24.2 and 24.3, "band", "council of a band" and "reserve" have the same meaning as in subsection 2(1) of the Indian Act (Canada).

Reserve may be prescribed as a ward

24.2(1)     If the council of a band has entered into an agreement with a school board under clause 48(1)(q), the minister may by regulation establish its reserve as a separate ward of that school division.

Considerations

24.2(2)     In determining whether to make a regulation under subsection (1), the minister is to consider the following factors:

(a) whether there is a school located on the reserve, and if there is, whether it provides education in all grades;

(b) whether, in his or her opinion, the number of students attending school off the reserve and in the school division warrants the band being represented on the school board;

(c) the historical relationship between the band and the school board, including whether the band was represented on the board previously.

Ward of only one school division

24.2(3)     A reserve may not be a ward of more than one school division.

Size of school board increased

24.2(4)     If a ward is established under this section,

(a) there may be no more than one trustee for that ward;

(b) the number of trustees for that school division is increased, from that prescribed in the regulation forming the school division, an award of the board of reference or in a by-law passed and approved in accordance with section 57, by one trustee; and

(c) the first trustee for that ward must be elected as provided for in section 26.

Residency requirements

24.2(5)     For the purpose of qualifying to be elected and to serve as a trustee for a ward established under this section, or to vote in the election of such a trustee,

(a) in clause 22(1)(c), "in the school division or school district" shall be read as "of the reserve";

(b) in clause 39.8(e), "the school division or school district" shall be read as "the reserve"; and

(c) in clause 5(1)(b) of The Local Authorities Election Act, "in the authority" shall be read as "of the reserve".

Limitation

24.2(6)     No regulation may be made under this section in respect of

(a) the school divisions established under section 14 (northern school division) and Part I.1 (francophone school division);

(b) a school district; or

(c) a remote school district.

When ward ceases

24.3(1)     Despite any other provision of this Act, the minister may by regulation dissolve a ward established under section 24.2 if

(a) the agreement between the school board and the band entered into under clause 48(1)(q) has ended; or

(b) in the opinion of the minister, the number of students attending school off the reserve and in the school division no longer warrants the band being represented on the school board.

Matter of numbers referred to board of reference

24.3(2)     Before dissolving a ward under clause (1)(b), the minister may refer to the board of reference the matter of whether the number of students attending school off the reserve and in the school division warrants the band being represented on the school board.

Hearing and recommendation of board of reference

24.3(3)     Subsections 9(3), (4), and (5) apply, with necessary changes, when a matter is referred to the board of reference under subsection (2).  After holding a hearing, the board must make a recommendation about the matter, and must cause a copy of its recommendation to be sent to those described in subsection 9(10).

Seat forfeited

24.3(4)     The trustee of a ward that is dissolved by a regulation under this section immediately forfeits his or her seat.

9           Subsection 29(2) is replaced with the following:

Election of chair and vice-chair

29(2)       From among the trustees present, the secretary-treasurer must conduct an election of a chair and a vice-chair of the board.  The election must be held

(a) in a year a regular election is held, at the first meeting of a school board after the regular election; and

(b) in any other year, at the first meeting of a school board in September.

Trustee may conduct election

29(2.1)     If the secretary-treasurer is absent when an election under subsection (2) is to be held, the trustees must select from among themselves a trustee to conduct the election, and the trustee selected is entitled to vote in the election.

Term of chair and vice-chair

29(2.2)     The chair and the vice-chair hold office until the next election held under subsection (2).

10           Subsection 39.6(1) is replaced with the following:

Disqualification for violation or conviction

39.6(1)     A trustee is disqualified from holding office if he or she

(a) violates any provision of this Act; or

(b) is convicted of

(i) an offence punishable by imprisonment for five years or more, or

(ii) an offence under section 122 (breach of trust by public officer), 124 (selling or purchasing office) or 125 (influencing or negotiating appointments or dealings in office) of the Criminal Code (Canada).

Result of disqualification

39.6(1.1)   When a trustee is disqualified under subsection (1), his or her seat becomes vacant as of the day a declaration is made under subsection 39.7(6) or section 39.8.

Eligibility at next election

39.6(1.2)   A trustee who is disqualified under subsection (1) remains disqualified from being nominated for, or elected or appointed as, a trustee for four years after the day a declaration described in subsection (1.1) is made.

11          The following is added after section 39.7:

Regulations re electronic meetings

39.7.1(1)   The minister may make regulations respecting the holding of school board meetings by electronic means, including providing that a trustee who participates in a regular meeting of a school board through electronic means is deemed to be present at the meeting for the purposes of this Act.

Minimum attendance required

39.7.1(2)   Despite a regulation passed under subsection (1), every trustee must be physically present at a regular meeting at least once every three months.

12          Subsections 48.1(1) and (2) are amended by striking out "or federal" and substituting ", federal or school board".

13           The following is added after subsection 58.9(2):

Board may meet in camera re expulsion

58.9(3)     Despite subsection 30(3), a school board may meet in camera for the purpose of hearing representations about and determining whether to expel a pupil.

14          The following is added after subsection 65(2):

Approval required

65(3)       A by-law passed under this section is of no force and effect unless it is approved by the finance board.

15          Subsection 84(7) of the English version is amended by striking out "by-lawpassed" and substituting "by-law passed".

16          Subsections 92(1) and (1.1) are replaced with the following:

Teachers' agreements

92(1)       An agreement between a school board and a teacher must

(a) be in writing, and be in the form and contain the content prescribed by the minister; and

(b) be signed by the board and teacher, and sealed with the seal of the board.

Ministerial regulations

92(1.1)     The minister may make regulations prescribing the form and content of an agreement under subsection (1), and prescribing circumstances in which such an agreement must be used.

Agreements may have prescribed differences

92(1.2)     A regulation under subsection (1.1) may be made applicable generally or may prescribe different agreements containing different terms and conditions for different circumstances.

17          Subsection 174(1) is amended by striking out "Subject to section 67," and substituting "Subject to any regulations made under The Education Administration Act,".

18          Subsection 177(2) of the English version is amended by striking out "municiplaity" and substituting "municipality".

19          Section 227 is repealed.

Consequential amendment, C.C.S.M. c. E10

20          Subsection 4(1) of The Education Administration Act is amended by adding the following after clause (v):

(v.1) respecting the disposal of land or a building, including a school site, that a school board owns or in which it has an interest or right, including regulations

(i) prescribing the process to be followed by the school board in disposing of it, and

(ii) requiring that priority be given to prescribed persons or organizations who might wish to acquire it;

Coming into force

21(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force: clause 22(2)(b)

21(2)       Clause 22(2)(b) of The Public Schools Act, as enacted by section 6, comes into force on November 1, 2006.