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The Public Schools Finance Board Amendment and The Public Schools Amendment Act

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S.M. 2006, c. 21

Bill 35, 4th Session, 38th Legislature

The Public Schools Finance Board Amendment and The Public Schools Amendment Act

(Assented to June 13, 2006)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE PUBLIC SCHOOLS FINANCE BOARD ACT

C.C.S.M. c. P260 amended

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

2           The centred heading "DEFINITIONS" is added before section 1.

3(1)        Subsections 2(1) to (3) are replaced with the following:

PUBLIC SCHOOLS FINANCE BOARD

Board is continued

2(1)        The Public Schools Finance Board is continued as a corporation.

Members

2(2)        The board is to consist of three deputy ministers of the government appointed by the Lieutenant Governor in Council.

Chairperson

2(3)        The chairperson of the board is the deputy minister of the department presided over by the minister.

3(2)        Subsections 2(4) to (6) are repealed.

4(1)        Section 3 is amended

(a) by renumbering it as subsection 3(1); and

(b) by striking out everything after clause (c) and substituting the following:

(d) consult with school divisions on a regular basis about their capital requirements and priorities;

(e) develop and maintain a multi-year operating plan and a multi-year capital plan;

(f) evaluate board policies and procedures on a regular basis;

(g) develop and adopt conflict of interest guidelines;

(h) perform any other duties and exercise any other powers imposed or conferred on the board under this or any other Act.

4(2)        The following is added as subsections 3(2) and (3):

Five-year review

3(2)        The board must conduct a special organizational and operating review at least every five years, in accordance with guidelines provided by the minister.

Minister may refer matters to the board

3(3)        The minister may refer a matter to the board, and the board must give the minister a written report of its findings and recommendations in accordance with any terms of reference the minister has specified.

5           The following is added after section 5:

Policies

5.1         The board may establish policies

(a) for approving projects under subsection 8.3(3);

(b) respecting plans and specifications under subsection 8.3(5); and

(c)  respecting the administration of the capital support program generally.

6(1)        Subsection 6(2) is amended by striking out "$5,000." and substituting "$25,000.".

6(2)        Subsection 6(3) is amended by adding "or, with the consent of the appropriate minister, employed in another department" at the end.

7(1)        Subsection 8(1) is replaced with the following:

CAPITAL SUPPORT PROGRAM

Mandate of the board re capital support

8(1)         The board is responsible for administering the capital support program, and must provide for the effective and equitable allocation of the resources of that program in order to meet the needs of students and school divisions.

Criteria that board must consider

8(2)        In administering the capital support program, the board must consider the following factors:

(a) the curriculum and instructional needs of programs offered by school divisions;

(b) the requirements of students with special needs;

(c) the community use of schools and the role of schools in their local communities;

(d) the influence of the design and maintenance of school buildings on the health and safety of students and other school users;

(e) energy efficiency;

(f) sustainable design and building practices;

(g) the life-cycle costs of school buildings;

(h) the long term maintenance and renewal of school buildings and infrastructure;

(i) heritage preservation;

(j) the geography of school catchment areas;

(k) the efficient use of school lands and buildings within a school division and across school divisions.

7(2)        Subsection 8(2) is renumbered as section 5.2.

7(3)        Subsection 8(3) is renumbered as subsection 18.1(1).

7(4)        Subsection 8(4) is amended

(a) by renumbering it as subsection 18.1(2); and

(b) by striking out "under subsection (3)" and substituting "to provide a report or return or other information required under this Act".

8            The following is added after section 8:

Board's annual funding plan for capital support to school divisions

8.1(1)      Each year the board must

(a) inquire into the capital requirements of school divisions; and

(b) prepare an annual funding plan that includes a budget for the ensuing fiscal year indicating

(i) the capital support that will be provided to each school division for that year, and

(ii) the amount required for the board's operation for that year.

Plan submitted to the minister

8.1(2)      Subject to section 186 of The Public Schools Act, the board must submit the annual funding plan to the minister for approval, in the form and at the time specified by the minister.

Limit on financial commitments

8.1(3)      The board must not make any expenditure commitments that are not within the financial limits set by the annual funding plan, except with the minister's written approval.

Multi-year planning framework

8.1(4)      For greater efficiency in administering the capital support program, the board must maintain a multi-year planning and project management framework.

REQUIREMENTS FOR SCHOOL DIVISIONS

School division must submit 5-year capital plan

8.2(1)      Each year, every school division must submit a five-year capital plan to the board in a form acceptable to the board.

School division must keep property inventory

8.2(2)      Every school division must keep an up-to-date inventory of its land and buildings for the purpose of capital planning.

School division must submit property inventory

8.2(3)      Every school division must include its inventory and any other supporting materials as part of the five-year capital plan submitted to the board under subsection (1).

Request for new school or major renovation

8.3(1)      To request a new school building or a major renovation of a school building, a school board must pass a resolution and submit it to the board in a form acceptable to the board, accompanied by a description of the project.

Project description

8.3(2)      The description of the project must include the following information:

(a) the location of the new school or the school to be renovated, and a description of the school's service area;

(b) enrolment projections for the new or renovated school and the number of classes to be enrolled;

(c) general specifications and space requirements of the new or renovated school;

(d) estimated project costs;

(e) details of the financing of the project and a tentative construction schedule;

(f) any other information that the board requires.

Review of request

8.3(3)      Upon receiving a request, the board must review the proposed project in consultation with the school division and may, subject to any applicable policies of the board, approve the project for detailed planning of specifications and financing.

No tendering until board approves project

8.3(4)      A school board must not call for tenders for the purchase of materials for, or construction of, a proposed project until the board approves final plans and specification respecting the school site and the school building, and related financial arrangements.

Plans and specifications

8.3(5)      The plans and specifications of any building that is proposed to be used for instructional purposes or student accommodations must conform to any applicable policies of the board.

9           The centred heading "FUND" is added before section 9.

10          The centred heading "ACCOUNTING AND AUDITING REQUIREMENTS" is added before section 10.

11          The centred heading "ANNUAL REPORT" is added before section 13.

12          The centred heading "BORROWING" is added before section 14.

13          The centred heading "MISCELLANEOUS PROVISIONS" is added before section 16.

PART 2

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

14(1)       The Public Schools Act is amended by this Part.

14(2)       Section 62 is amended

(a) by renumbering it as subsection 62(1); and

(b) by striking out "or, with the consent of the minister, land which the school division or school district requires for demonstration work in agriculture or horticulture".

14(3)       The following is added as subsection 62(2):

Finance board's approval required to purchase land

62(2)       No school board may acquire land under subsection (1) unless

(a) the school board has first obtained the approval of the finance board; or

(b) the acquisition is by way of expropriation in accordance with section 65, or by gift.

PART 3

COMING INTO FORCE

Coming into force

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