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The Public Schools Amendment Act (Community Use of Schools)

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S.M. 2012, c. 11

Bill 9, 1st Session, 40th Legislature

The Public Schools Amendment Act (Community Use of Schools)

(Assented to June 14, 2012)

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           The following is added after section 47.3 and before the centred heading that follows it:

COMMUNITY USE OF SCHOOLS

Community use policy

47.4(1)     Each school board must develop a policy for the public's use of school facilities —  being schools and school grounds, or any portion of them — when the facilities are not being used by pupils.

Content of policy

47.4(2)     The community use policy must establish

(a) the manner for determining when school facilities are to be made available to the public; and

(b) the terms and conditions for public use of the school facilities, including

(i) subject to subsection (3), the fees, or the manner of determining the fees, if any, to be charged,

(ii) the entry requirements and supervision to be provided, if any, for when the facilities are used at different times, including during school hours, evenings, weekends and holidays,

(iii) the process to be followed to reserve use of the facilities,

(iv) how priority will be determined when two or more potential users apply to use the same facilities at the same time,

(v) the manner and time period in which a user who has reserved the facilities is to give notice if they will not use the facilities at the reserved time,

(vi) the insurance, if any, that must be held by users, and the circumstances in which users are expected to indemnify the school division or school district for any loss or damage that may occur as a result of the use,

(vii) the process to be followed in resolving disputes related to the public's use of the facilities, and

(viii) any other provision that the board considers necessary to assist the school division or school district in implementing the community use policy.

Fees limited to amounts necessary to recover costs

47.4(3)     The fee charged in respect of the public's use of a school facility must not exceed the amount necessary for the school division or school district to recover the costs it incurs because of the public's use of the facility.

Monitoring use

47.4(4)     A school division or school district must establish a procedure for monitoring the public's use of its facilities, and may discontinue use by anyone who repeatedly, and without notice, fails to use the facilities when they have reserved them.

Implementation

47.4(5)     To assist in implementing its community use policy, each school board must

(a) designate an employee of the school division or school district to act as its community use coordinator; and

(b) ensure that the following is available to the public on a website that is maintained by the school division or school district:

(i) a copy of the community use policy,

(ii) the name and contact information of the community use coordinator,

(iii) a copy of any application form that a potential user is required to complete when applying to reserve school facilities.

3           Section 73 is amended by adding "its community use policy and" before "such terms".

Coming into force

4           This Act comes into force on January 1, 2013.