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C.C.S.M. c. P260

The Public Schools Finance Board Act

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

DEFINITIONS

Definitions

1           In this Act

"board" means The Public Schools Finance Board; (« Commission »)

"capital support" means capital support as defined in The Public Schools Act; (« aide en capital »)

"capital support program" means capital support program as defined in The Public Schools Act; (« programme d'aide en capital »)

"fund" means The Education Support Fund; (« Fonds »)

"member" means a member of the board; (« commissaire »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"operational support" means operational support as defined in The Public Schools Act; (« aide de fonctionnement »)

"operational support program" means operational support program as defined in The Public Schools Act; (« programme d'aide de fonctionnement »)

"school division" means a school division as defined in The Public Schools Act; (« division scolaire »)

"support" means support as defined in The Public Schools Act. (« aide »)

S.M. 1991-92, c. 21, s. 2 and 3.

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.

2(4) to (6) Repealed, S.M. 2006, c. 21, s. 3.

Quorum

2(7)        The majority of the members of the board constitute a quorum at meetings of the board.

Board agent of Crown

2(8)        The board is an agent of Her Majesty in right of Manitoba.

S.M. 2001, c. 39, s. 31; S.M. 2006, c. 21, s. 3.

Duties and powers

3(1)        The board shall

(a) receive all moneys paid to the fund;

(b) administer the capital support program and, under that program, make payments out of the fund at such times, to such school divisions and in such amounts as the board may determine and in accordance with the regulations;

(c) make payments out of the fund at such times, to such school divisions and in such amounts as the minister, under the operational support program, may determine and in accordance with the regulations;

(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.

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.

S.M. 1991-92, c. 21, s. 4; S.M. 2006, c. 21, s. 4.

4           Repealed.

S.M. 1991-92, c. 21, s. 4.

Rules of procedure

5           The board may make rules governing its own procedure.

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.

S.M. 2006, c. 21, s. 5.

Powers of commissioners under Part V of Evidence Act

5.2         The board has the protection and powers of commissioners appointed under Part V of The Manitoba Evidence Act; but section 85 of The Manitoba Evidence Act does not apply to the board and no notice of appointment, of the purpose and scope of the inquiries to be made by the board, or of the time and place of the holding of any meetings of the board, need be published as required under section 86 of The Manitoba Evidence Act.

S.M. 2006, c. 21, s. 7.

Employees

6(1)        There may be appointed as provided in The Civil Service Act such officers and employees as are necessary to carry out the business of the board and the administration of this Act and the salaries of any officers and employees so appointed shall be paid out of the fund.

Professional and expert assistants

6(2)        The board may obtain the advice and services of such professional, technical and expert persons as it deems necessary to carry out the business of the board, and shall pay out of the fund the salaries or fees of any persons engaged for that purpose; but the board shall not incur an indebtedness exceeding $25,000. in respect of any such person unless it has obtained the approval of the minister therefor.

Temporary transfer of employees

6(3)        The minister may temporarily transfer to the board for its purposes any person employed under the minister in the Department of Education, Citizenship and Youth or, with the consent of the appropriate minister, employed in another department.

S.M. 1991-92, c. 21, s. 5 to 7; S.M. 2001, c. 43, s. 58; S.M. 2004, c. 42, s. 80; S.M. 2006, c. 21, s. 6.

Marketing of debentures

7           The board shall supervise the marketing of all debentures issued by a school division; and for that purpose may, with the consent of the appropriate minister, utilize the services and facilities of the Department of Education, Citizenship and Youth, the Department of Intergovernmental Affiars and The Department of Finance.

S.M. 1991-92, c. 21, s. 8; S.M. 2000, c. 35, s. 72; S.M. 2001, c. 43, s. 58; S.M. 2004, c. 42, s. 80; S.M. 2008, c. 42, s. 81.

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, particularly as they pertain to students in kindergarten to Grade 8;

(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.

S.M. 1991-92, c. 21, s. 9 and 10; S.M. 2006, c. 21, s. 7; S.M. 2008, c. 29, s. 6.

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.

S.M. 2006, c. 21, s. 8.

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).

S.M. 2006, c. 21, s. 8.

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.

S.M. 2006, c. 21, s. 8.

FUND

Continuation of fund

9(1)        The Government Support to Education Fund is continued under the name of "The Education Support Fund" and shall be under the control and supervision of the board; and, subject to subsections (4) and (5), the moneys in the fund shall be deposited in a bank.

Payments to and from fund

9(2)        All moneys received by the board under this Act or The Public Schools Act shall be credited to the fund, and all payments made by the board under this Act or The Public Schools Act, including the costs of administering the board and the remuneration of members, officers, and employees of the board, shall be paid from the fund.

Fund not part of Consolidated Fund

9(3)        Notwithstanding The Financial Administration Act or any other Act, but subject to subsections (4), (5) and (6), the moneys in the fund do not form part of the Consolidated Fund, and the fund is not a division or part of the Consolidated Fund; but the moneys therein are the property of Her Majesty in right of the province.

Investment

9(4)        If at any time the balance at the credit of the fund is in excess of the amount that is required for immediate purposes of the board, the board shall pay over the excess to the Minister of Finance for investment for and on behalf of the board.

Reserves

9(5)        With the approval of the Lieutenant Governor in Council, and subject to any order of the Lieutenant Governor in Council in respect thereof, the board may establish and maintain reserves deemed necessary or advisable for its purposes; and any moneys set aside for the purposes of any such reserves shall be paid to the Minister of Finance for investment for and on behalf of the board.

Disposal of moneys held by Minister of Finance

9(6)        Moneys paid to the Minister of Finance for investment under subsection (4), (5) or (9) shall be held by him in the Consolidated Fund in trust for the purposes of this Act, and the Minister of Finance shall invest the moneys and investments so held by him in securities and investments in which he is authorized by law to invest such moneys and the interest thereon, and income therefrom shall be credited to the account of the board in the Consolidated Fund; and such earnings, either alone or with all or part of the principal sums invested for the board by the Minister of Finance hereunder, shall be paid over to the board by the Minister of Finance on the request of the board.

Surplus and deficits

9(7)        Where in any fiscal year of the board there is a surplus or deficit in the fund, that surplus or deficit shall be carried over to and apportioned among subsequent fiscal years of the board, but in any case not more than three such fiscal years, and treated as a revenue or an expense, as the case may be, in those subsequent fiscal years.

Receipt of money from other sources

9(8)        The board may receive moneys from any person for purposes relating to education in the public schools, and shall credit moneys received under this section to the fund and account therefor in accordance with any terms under which the moneys are received.

Deposit with Minister of Finance

9(9)        Where moneys received under subsection (8) are not required immediately for the purposes for which they were received, the board shall pay the moneys over to the Minister of Finance as provided in subsection (4).

S.M. 1991-92, c. 21, s. 11.

ACCOUNTING AND AUDITING REQUIREMENTS

Accounting

10          The board shall establish and maintain adequate accounting records and shall pay the costs thereof.

S.M. 1991-92, c. 21, s. 12.

Fiscal year

11          The fiscal year of the board and of the fund shall be a period fixed by the Lieutenant Governor in Council.

Audit by Auditor General

12(1)       The accounts of the board shall be audited and reported on by the Auditor General, and the costs thereof shall be paid by the board.

Special audit

12(2)       Notwithstanding subsection (1), the Lieutenant Governor in Council may at any time order, in addition to the audits made under subsection (1), an audit or investigation into the affairs of the board and require a report thereon.

S.M. 2001, c. 39, s. 31.

ANNUAL REPORT

Annual report

13(1)       The board shall annually, within 6 months after the end of the fiscal year of the board, make a report to the minister upon all transactions of the board during its last preceding fiscal year; and the report shall include an audited balance sheet of the board and an audited statement of its operating revenues and expenditures together with such other information as the Lieutenant Governor in Council may require.

Tabling report

13(2)       The minister shall lay a copy of the report of the board before the Legislative Assembly forthwith, if it is then in session, and if not, then within 15 days of the commencement of the next ensuing session thereof.

Special reports

13(3)       Notwithstanding subsections (1) and (2), the minister may, at such times and as often as he deems necessary, require the board to furnish to him, in addition to the reports made under subsection (1), reports or information respecting all or any part of the business and operations of the board, and the board shall comply with such requirement.

S.M. 1991-92, c. 21, s. 13 and 14.

BORROWING

Power to borrow

14(1)       The board may, through the Minister of Finance who shall be its agent in that behalf, borrow money on the credit of the corporation for its purposes, and give notes as security therefor; but all moneys so borrowed shall be repaid within one year of the date on which they were borrowed.

Power of government to guarantee

14(2)       With the approval of the Lieutenant Governor in Council, and on such terms as may be prescribed by the Lieutenant Governor in Council the Minister of Finance, for and on behalf of the government, may guarantee the repayment of any moneys borrowed by the board together with any interest payable in respect thereof; and the form and manner of any such guarantee shall be such as the Lieutenant Governor in Council may approve.

Signature of guarantee

14(3)       The guarantee under subsection (2) shall be in writing signed by the Minister of Finance, or such other officer or officers as may be designated by the Lieutenant Governor in Council; and, upon being signed, the government is liable for the payment of the principal and interest thereon in accordance with the terms of the loan.

Discharge of liability under guarantee

14(4)       The Lieutenant Governor in Council may discharge any liability resulting from a guarantee given under this section from and out of the Consolidated Fund; but any payments made for the purposes of discharging the liability shall be deemed to be advances made to the board in respect of moneys required under The Public Schools Act to be paid to the board from and out of the Consolidated Fund.

Purchase of notes by province

14(5)       The Minister of Finance may purchase notes issued by the board as investments for any account in the Consolidated Fund.

Advances by province

15(1)       For the purposes of providing the board with working capital, the Minister of Finance, with the approval of the Lieutenant Governor in Council, may make advances to the board in such amounts, at such times, and on such terms and conditions as the Lieutenant Governor in Council may deem expedient.

Payments from Consolidated Fund

15(2)       Moneys advanced under subsection (1) shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

MISCELLANEOUS PROVISIONS

Assumption of certain agreements by government

16          Where the government has entered into, or enters into, an agreement under which it undertakes to deduct from support to be provided to a school district, school division or school area, certain amounts for the benefit or protection of holders of debentures or other securities issued by the school district, school division, or school area, or for the payment, in whole or in part, of amounts payable to holders of such debentures or other securities, and a school division is liable for the payments under those debentures or securities, the board

(a) shall deduct from the support to be provided to that school division the amount set out in the agreement in accordance with the terms of the agreement;

(b) shall otherwise comply with the terms and conditions of the agreement; and

(c) is liable under the agreement;

to the same extent as though it were a party to the agreement; and performance or satisfaction by the board of any obligation or liability of the government under the agreement shall be conclusively deemed to be a performance or satisfaction by the government.

Compliance with assignments accepted by government

17(1)       Where a school district, school division, or school area, has, by written order, accepted in writing by the Minister of Finance, assigned all or part of the support to be provided to it under The Public Schools Act, and a school division is liable for the liabilities of that school district, school division, or school area, the board, upon being notified of the order, shall comply therewith as though the order had been directed to it; and compliance by the board with the provisions of the order shall be conclusively deemed to be compliance by the government.

Limitation on assignments of support

17(2)       Subject to subsection (1), no order or assignment of any support due or accruing due, or to be provided, to a school division by the board is valid or binding upon the board until accepted in writing by the board.

Purchase of equipment

18(1)       The board may purchase or arrange for the purchase by school divisions of any equipment, furnishings, and supplies suitable for use by a school division.

Disposal of equipment

18(2)       Where the board has purchased equipment, furnishings or supplies under subsection (1), it may sell, rent or give the equipment, furnishings or supplies to school divisions, subject to such conditions as it may deem advisable.

Reports, etc., from school divisions

18.1(1)     The board may require a school division to prepare and submit to the board such reports and returns as the board deems advisable, and to submit to the board for inspection any contracts or documents relative to the affairs of the school division, and the board may make copies of such contracts or documents.

Withholding of grants

18.1(2)     Notwithstanding the provisions of this or any other Act of the Legislature, the board may withhold the payment of all or part of any grant payable to a school division under this or any other Act of the Legislature until the school division has complied with any requirement to provide a report or return or other information required under this Act.

S.M. 1991-92, c. 21, s. 10; S.M. 2006, c. 21, s. 7.

Appearance before finance board and appeal

19          On request of a school division, the finance board shall reconsider any decision it has made under this Act and The Public Schools Act and shall permit the school division or its representative to appear before it to present evidence, make submissions and present argument and where, after the hearing before the finance board, the school division is not satisfied with its decision, the school division may appeal the matter to the minister whose decision is final and binding.

S.M. 1991-92, c. 21, s. 15.

 

 
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