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C.C.S.M. c. P250

The Public Schools Act

File 1: s. 1 to 58 (Parts 1 to 3)
File 2: s. 58.1 to 279 (Parts 3.1 to 14)

PART III.1

PARENTS AND PUPILS

ACCESS TO SCHOOLS AND PROGRAMS

Definition of "parent"

58.1        In this Part, "parent" includes a legal guardian.

S.M. 1996, c. 51, s. 10.

Program information etc.

58.2        Every school board shall publish or otherwise make available to parents and pupils the information required by the regulations respecting programs offered and the enrolment of resident and non-resident pupils in programs and schools, at the times and in the form and manner required by the regulations.

S.M. 1996, c. 51, s. 10.

Pupil enrolment

58.3        A resident pupil may be enrolled in

(a) a program offered at any school within the school division or school district; or

(b) subject to section 58.4, a program offered at a school in another school division or school district;

in accordance with the procedures established in the regulations.

S.M. 1996, c. 51, s. 10.

Enrolment by school

58.4(1)     A school shall enrol a non-resident pupil in the program for which he or she applies unless, in the opinion of the principal or other person designated by the school board,

(a) there is insufficient space in the program the pupil wishes to attend having regard to the priorities established in subsection (2);

(b) enrolling the pupil in the program would require significant expenditure to extend or otherwise alter a program or the school building or school property;

(c) enrolling the pupil in the program likely would be seriously detrimental to the continuity of the pupil's education;

(d) the program is not suited to the age, ability or aptitude of the pupil;

(e) enrolling the pupil in the program likely would be seriously detrimental to order and discipline in the school or the educational well-being of pupils there;

(f) enrolling the pupil in the program is inadvisable for any other reason or for any circumstance that may be specified in the regulations.

Priorities

58.4(2)     Where the number of pupils who apply to enrol in a program in a school exceeds the number of places available in the program, the school shall enrol pupils in the following order of priority:

(a) first, pupils who reside in the school's catchment area;

(b) second, pupils who reside in the school division;

(c) third, other pupils.

S.M. 1996, c. 51, s. 10.

Regulations

58.5        The minister may make regulations

(a) respecting the information school boards are required to publish or otherwise make available to parents and pupils respecting programs offered and the enrolment of resident and non-resident pupils in programs and schools, and the times, the form and the manner in which the information is to be provided;

(b) for the purposes of section 58.3, establishing procedures for the enrolment of pupils;

(c) exempting pupils or classes of pupils from the requirements of this Part or any provision in this Part;

(d) for the purposes of clause 58.4(1)(f), specifying reasons or circumstances which make inadvisable the enrolment of a pupil in a program.

S.M. 1996, c. 51, s. 10.

RIGHTS AND RESPONSIBILITIES OF PARENTS AND PUPILS

Rights of parents

58.6        Subject to the provisions of this Act and the regulations, a person who is resident in Manitoba is entitled to enrol his or her child in a program in any school in Manitoba and to

(a) be informed regularly of the attendance, behaviour and academic achievement of his or her child in school;

(b) consult with his or her child's teacher or other employee of the school division or school district about the child's program and academic achievement;

(c) have access to his or her child's pupil file;

(d) receive information about programs available to his or her child;

(e) be informed of the discipline and behaviour management policies of the school or school division or school district, and to be consulted before the policies are established or revised;

(f) be a member of an advisory council, local school committee or school committee at his or her child's school; and

(g) accompany his or her child and assist him or her to make representations to the school board before a decision is made to expel the child.

S.M. 1996, c. 51, s. 10.

Responsibilities of parents

58.7        A parent of a child of compulsory school age or who is attending school shall

(a) cooperate fully with the child's teachers and other employees of the school division or school district to ensure the child complies with

(i) school and school division or school district student discipline and behaviour management policies, and

(ii) the school's code of conduct; and

(b) take all reasonable measures to ensure the child attends school regularly.

S.M. 1996, c. 51, s. 10; S.M. 2004, c. 24, s. 1.

Responsibility for damage

58.8        If property of a school division or school district is destroyed, damaged, lost or converted by the intentional or negligent act of a child, the child and his or her parents are jointly and severally liable to the school board for the loss.

S.M. 1996, c. 51, s. 10.

Right to enrol in programs

58.9(1)     Subject to the provisions of this Act, a person who has the right to attend school under section 259 may enrol or be enrolled in a program offered by any school in Manitoba.

Rights of pupils

58.9(2)     A pupil is entitled to

(a) receive regular testing and evaluation of his or her academic performance and achievement;

(b) subject to subsection 42.3(2), have access to his or her pupil file, if the pupil has attained the age of majority; and

(c) be accompanied by a parent or other adult to assist him or her and to make representations to the school board before a decision is made to expel him or her.

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.

S.M. 1996, c. 51, s. 10; S.M. 2004, c. 15, s. 13.

Responsibilities of pupils

58.10       A pupil is responsible for

(a) attending school and classes regularly and punctually;

(b) complying with

(i) the student discipline and behaviour management policies of the school and school division or school district, and

(ii) the school's code of conduct; and

(c) completing assignments and other related work required by teachers or other employees of the school division or school district; and

(d) treating school property and the property of others employed at or attending the school with respect.

S.M. 1996, c. 51, s. 10; S.M. 2004, c. 24, s. 1.

PART IV

AGREEMENTS WITH PRIVATE SCHOOLS

Private school

59          In this Part, "private school" means a "private school" as defined in The Education Administration Act.

Agreement for transportation

60(1)       A school board may with the approval of the minister, enter into an agreement with a private school to provide under the supervision and control of the school board to children enrolled in the private school transportation from points on a regular public school bus route operated by the school board to other points on the same route.

Agreement for other services

60(2)       A school board may with the approval of the minister enter into an annual agreement with a private school respecting the use of the facilities and resources of the school division or school district, other than transportation facilities and resources, by or for the benefit of children enrolled in the private school while attending a public school operated by the school division or school district.

Term of agreement

60(3)       The term of an agreement under this section shall not exceed one year.

Grants for transportation

60(4)       Grants made or support provided to a school division or school district under this Act may include amounts for transportation provided by the school division or school district to children enrolled in a private school pursuant to an agreement made under subsection (1).

Grants for facilities and resources

60(4.1)     The Lieutenant Governor in Council may make regulations prescribing the amounts of grants to be paid in respect of facilities and resources of a school division or school district used for the benefit of children enrolled in a private school pursuant to an agreement made under subsection (2).

Grants to private schools

60(5)       The minister may, under the regulations, make grants to a private school in respect of instruction and services offered by the private school to children enrolled therein, where the minister is satisfied that

(a) the private school teaches a sufficient number of courses approved under The Education Administration Act to ensure that children enrolled in the private school receive an education of a standard equivalent to that received by children in public schools;

(b) the principal and the teachers teaching the approved courses to children enrolled in the private school hold valid and subsisting teaching certificates issued under The Education Adminstration Act;

(c) the department has approved the core curriculum of the school;

(d) the private school has a legally incorporated Board of Directors;

(e) the private school has an elected advisory board that

(i) includes at least three persons who are parents or guardians of children enrolled in the private school,

(ii) reports on the private school on a regular basis during the school year, and not less often than once in each school term, to the parents or guardians of students enrolled in the private school;

(f) the private school

(i) has received one or more grants under this subsection before the coming into force of this clause, or

(ii) commenced operating with pupils in attendance before the day this clause came into force and has been so operating for a period of at least two years following that day, and has been in compliance with clauses (a) to (e) and any requirements prescribed under clause (g) for each of those years, but has not received a grant under this subsection before that day, or

(iii) commenced operating with pupils in attendance on or after but not before the day this clause came into force and has been so operating for a period of at least three years, and has been in compliance with clauses (a) to (e) and any requirements prescribed under clause (g) for each of those years; and

(g) the private school is in compliance with such other requirements as may be prescribed by regulation;

and the minister may make regulations respecting the making of grants under this subsection and prescribing requirements for the purposes of clause (g).

S.M. 1989-90, c. 49, s. 12; S.M. 1991-92, c. 20, s. 12; S.M. 1992, c. 58, s. 27; S.M. 1996, c. 51, s. 11; S.M. 2001, c. 43, s. 57; S.M. 2004, c. 42, s. 79.

PART V

SCHOOL SITES, BUILDINGS AND OTHER PROPERTY

SCHOOL SITES

Selection of school site

61          Where a school site or an additional school site or a change in school site is required in a school division or school district the school board may select the site or may change a school site.

Purchase and expropriation

62(1)       Any school board may acquire by purchase, gift, exchange or otherwise and, without the consent of the owner thereof, may enter upon, take, use and expropriate land for a school site or land adjoining an existing school site which the school division or school district requires for the enlargement thereof, and any expropriation of land under this section is subject to the provisions of The Expropriation Act.

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.

S.M. 1989-90, c. 49, s. 13; S.M. 2006, c. 21, s. 14.

Payment of encumbrance out of purchase money

63          Where a school board has purchased for school purposes, land that is subject to an encumbrance, the school board may out of the purchase money pay off the encumbrance with interest to date of the payment and if the encumbrance consists of a mortgage or annuity charge it may be paid off with interest to the date of the payment and a further amount equal to three months interest as a bonus.

Deposit of money with Minister of Finance

64(1)       Where, under section 63

(a) the person entitled to receive the money refuses to accept the amount hereby authorized to be paid; or

(b) the person entitled to receive the money cannot be found; or

(c) there is doubt or uncertainty as to the person who is entitled to receive the money;

the school board may deposit the money with the Minister of Finance together with a statement in writing

(d) indicating the reasons why the money is being deposited with the Minister of Finance; and

(e) setting out any other information that it may have respecting the identity of the person who has or may have a claim on the money.

Filing of receipt of Minister of Finance in L. T. O.

64(2)       Upon receiving any money under subsection (1) the Minister of Finance shall issue to the school board a receipt therefor and upon production of the receipt to the district registrar of the land titles district in which the land is situated and an affidavit of that minister setting out to the satisfaction of the district registrar, the circumstances under which the money was received, the district registrar shall discharge the encumbrance, pro tanto, and strike out or amend the entry from the certificate of title showing the encumbrance, as the case may require.

Disbursement of moneys paid in

64(3)       Any money paid to the Minister of Finance under subsection (1) may be paid out by him on the direction of the district registrar within whose district the land in question lies.

By-law for expropriation

65(1)       Where under section 62 a school board is entitled to acquire land by expropriation for a purpose mentioned in that section and is unable to obtain a valid conveyance of the land, the school board may pass a by-law providing for the expropriation thereof.

Contents of by-law

65(2)       A by-law for expropriating land shall contain a description of the land by reference to a plan or otherwise and if it is proposed to expropriate an easement or other right in the nature of an easement it shall contain a description of the easement or other right to be expropriated.

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.

S.M. 2004, c. 15, s. 14.

Exemption from certain building restrictions

66          Notwithstanding any provision of this Act where a school board purchases land that is subject to a building restriction caveat, the land may be used by the school division or school district for its purposes in any manner notwithstanding the caveat or any agreement attached to or referred to therein.

Sale of school site or other property

67          Subject to section 174, a school board may dispose of any school site or school property not required by the school board.

Disposal of mines and minerals

68          Subject to the written approval of the minister where a school division or school district owns the mines and minerals lying in or under a school site owned by the school division or school district, it may, if so authorized by a by-law of the school board, lease, sell or otherwise dispose of and deal with, those mines and minerals or any part thereof as the school board in its discretion deems fit and without restricting the generality of the foregoing, but subject as aforesaid and under like authorization, it may enter into and execute agreements or contracts of the kinds commonly called petroleum leases, natural gas leases, unitization agreements and pooling agreements with respect to the mines and minerals.

BUILDINGS AND OTHER PROPERTY

Powers of school board respecting school property

69          A school board may

(a) permit the use of school buildings and property and expend school moneys for the purpose of assisting any activities carried on under an agreement entered into by the province and the Government of Canada; and

(b) accept on behalf of the school division or school district any gift of real or personal property or any interest therein and apply the revenue derived therefrom or the proceeds of the sale thereof, or both, towards the payment of scholarships or any other purpose prescribed by the donor thereof or if the gift is not made subject to conditions, for any purpose that the school board subject to the approval of the minister may determine.

Purchasing procedures

70(1)       Subject to the regulations the school board in the discharge of its duties under this Act shall at all times use the following procedures:

(a) all purchases of personal property and contracted services shall be made in the most economical manner possible;

(b) where the cost of personal property or services mentioned in clause (a) exceeds the amount prescribed under subsection (2), competitive offers for such property and services shall be obtained, except in emergency situations, by public tender;

(c) all offers received pursuant to clause (b) shall be tabulated for ready reference for presentation to the school board.

Regulations re tender limit

70(2)       The minister may make regulations prescribing the cost of personal property and contracted services above which a school board must, except in an emergency, solicit competitive offers by public tender.

S.M. 1996, c. 51, s. 12; S.M. 2010, c. 21, s. 4.

Ownership of personal property

71          The right and title to all personal property purchased, donated or otherwise acquired before, on or after the coming into force of this Act is hereby vested in the school division or school district, as the case may be.

Duties of school board respecting custody of school property

72(1)       Every school board shall hold in its possession, custody and safekeeping and regulate the use of all public school property, real or personal, acquired or received and hold or apply it according to the terms on which it was acquired or received.

Repair and rental of buildings

72(2)       Every school board shall keep its school buildings, contents and premises in proper repair and may, subject to section 74, acquire by lease, buildings and property as the school board deems necessary for its purposes.

S.M. 1999, c. 14, s. 2.

Use of school properties

73          A school board may, subject to such terms and conditions as it may impose, permit the use of any property of the school division or school district with or without fee.

Approval to acquire property

74(1)       Subject to the regulations, a school board shall not do any of the following without the approval of either the minister or the finance board:

(a) purchase, lease or otherwise acquire a building or part of a building to be used for instructional purposes;

(b) erect, enlarge or remodel a building or part of a building to be used for instructional purposes;

(c) enter into a contract for any purpose described in clause (a) or (b).

Regulations

74(2)       The minister may make regulations respecting approvals, including regulations governing the circumstances under which an approval must be obtained and procedures for the finance board to follow in the approval process.

S.M. 1991-92, c. 20, s. 13; S.M. 1999, c. 14, s. 3.

PART VI

CONDUCT OF SCHOOLS

Tuition fees

75          Except as otherwise provided in this Act no school board shall charge tuition fees.

Regulations respecting school year, vacations and school hours

76          The minister may make regulations

(a) prescribing the length of vacations and the number of teaching days in the year; and

(b) prescribing the hours that shall be school hours for pupils.

Application of regulations

77          A regulation made under section 76 may apply to all school divisions, school districts or schools or to any one or more of them or to any part of a school division or a school district or a school.

Holidays

78(1)       The following days shall be school holidays:

(a) every Saturday except as provided in subsection (3);

(b) every Sunday;

(c) every day named in the regulations as a holiday;

(d) every day appointed by the Governor General in Council or by the Lieutenant Governor in Council as a general holiday.

Where holiday falls on Sunday

78(2)       Except for Remembrance Day, whenever a holiday other than Sunday falls on a Sunday the day next ensuing shall be a school holiday.

Teaching on Saturdays

78(3)       Subject to the approval of the minister, teaching may be done in any school on a Saturday in which case that day shall be deemed to be a teaching day for that school.

Outdoor education and work education

78(4)       Subject to section 88, any pupil engaged in a work education program or participating in an outdoor education or other program which is conducted off the school premises under the authority of the school board shall be deemed to be in attendance at school.

LANGUAGES OF INSTRUCTION

English and French as languages of instruction

79(1)       Subject as otherwise provided in this section, English and French are the languages of instruction in public schools.

Use of other languages

79(2)       When authorized by the school board, a language other than English or French may be used in any school in the school division or school district

(a) for instruction in religion during a period authorized for such instruction;

(b) during a period authorized by the minister for teaching the language;

(c) before and after the regular school hours prescribed in the regulations and applicable to that school;

(d) in compliance with the regulations as a language of instruction, for transitional purposes;

(e) in compliance with the regulations, as a language of instruction for not more than 50% of the regular school hours as determined by the minister.

Use of English or French as language of instruction

79(3)       Where in any school division or school district, there are 23 or more pupils who may be grouped in a class for instruction and whose parents desire them to be instructed in a class in which English or French is used as the language of instruction, the school board shall group those pupils, and upon petition of the parents of those pupils requesting the use of English or French, as the case may be, as the language of instruction in respect of those pupils, the school board shall group those pupils in a class for instruction and provide for the use of English or French, as the case may be, as the language of instruction in the class.

Minister's discretion for fewer pupils

79(4)       Where the number of pupils concerned is less than the numbers mentioned in subsection (3) as requirements for the application of that subsection, the minister may require the school board to make arrangements for the use of English or French as the language of instruction in any class.

Francophone school division

79(4.1)     After the first election of the francophone school board,

(a) subsection (3) does not apply to a petition by parents who wish to exercise their rights under section 23 of the Charter;

(b) any school board that receives a petition under subsection (3) for French instruction designed for pupils whose first language is French may refer the petition to the francophone school board instead of providing the French instruction; and

(c) where a petition is referred to the francophone school board before it provides programs under section 21.5, the minister, after consulting with the francophone school board, may prescribe any necessary interim measures related to such a petition.

Language of administration

79(5)       The administration and operation of a public school shall be carried out in the English language or the French language as the minister may, by regulation, provide.

English as subject of instruction

79(6)       Notwithstanding any other provision of this Act, English

(a) may be a subject of instruction in any grade; and

(b) shall be a subject of instruction in every class in Grade IV, V, VI, VII, VIII, IX, X, XI or XII where French is used as the language of instruction.

Agreements by boards

79(7)       A school board may enter into an agreement with another school board for providing jointly classes in which the language used for instruction is English or French, as the case may be, and the pupils in those classes may be included in the numbers required to meet the requirements of any provision of this section or the regulations.

Establishment of Languages of Instruction Advisory Committee

79(8)       The minister shall establish a committee (hereinafter referred to as the "Languages of Instruction Advisory Committee") composed of nine persons, to which he may refer matters pertaining to the use of languages of instruction in public schools and which shall review those matters and make recommendations thereon to the minister.

Composition of Languages of Instruction Advisory Committee

79(9)       Of the nine members of the Languages of Instruction Advisory Committee

(a) two shall be appointed by the minister from not fewer than four persons who are members of les commissaires d'ecole franco-manitobains, nominated by the Manitoba Association of School Trustees;

(b) two shall be appointed by the minister from not fewer than four persons who are members of les educateurs franco-manitobains, nominated by the Manitoba Teachers' Society; and

(c) five shall be appointed by the minister;

for such term as the minister may determine.

Regulations

79(10)      For the purpose of carrying out the provisions of this section according to their intent the minister may make such regulations and orders as he may deem necessary.

R.S.M. 1987 Supp., c. 26, s. 7; S.M. 1993, c. 33, s. 6.

INSTRUCTION IN RELIGION

Authorization for instruction in religion

80(1)       Instruction in religion may be conducted in any school in Manitoba if authorized by a by-law passed by the school board.

Petition for instruction in religion

80(2)       If a petition requesting that religious instruction be given in a school is presented to the school board and is signed by

(a) the parents or guardians of at least 10 children attending the school having one or two classrooms; or

(b) the parents or guardians of at least 25 children attending the school having three or more classrooms;

the school board shall pass a by-law authorizing instruction in religion in compliance with the petition.

Hours of instruction in religion

81          Instruction in religion, when authorized under or permitted by this Act, may take place during school hours at such time and on such days as approved by a by-law of the school board but in any case shall not exceed 2 1/2 hours per week and shall be conducted by a clergyman, priest, rabbi or other spiritual leader or by a representative of parents recognized by the school board as constituting a religious group or by any person including a teacher, duly authorized by such clergyman, priest, rabbi or other spiritual leader.

Non-participation in instruction in religion

82          Where the parent or guardian of a pupil who is under the age of majority does not desire the participation of the pupil in religious instruction, the pupil shall be excused from participating in the instruction, and where a pupil over the age of majority does not wish to participate in religious instruction he shall be excused from participating therein.

Regulations

83          The minister may make regulations for the purpose of giving effect to sections 80 to 82.

RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES

Schools to be non-sectarian

84(1)       Public schools shall be non-sectarian and no religious exercises shall be allowed therein except as provided in this section.

Conduct of religious exercises

84(2)       Any religious exercise conducted in schools shall be conducted according to the regulations of the advisory board established under The Education Administration Act.

Time for religious exercises

84(3)       Religious exercises shall be held at such times during the school day as the school board may establish but in no case shall the school time devoted to religious exercises exceed the maximum provided by the regulations made by the advisory board.

Attendance not compulsory

84(4)       Where the parent or guardian of a pupil under the age of majority notifies the teacher that he does not wish the pupil to attend religious exercises, the pupil shall not attend and if a pupil over the age of majority does not wish to attend he shall be free not to attend.

Religious exercises required

84(5)       Subject to subsection (6) and the regulations made by the advisory board, religious exercises shall be held in every school.

Cancellation of religious exercises

84(6)       A school board may, by by-law, direct that religious exercises shall not be held in any one or more schools during the then current school year and thereafter in that school year they shall not be held in that school or those schools.

Effective period of cancellation

84(7)       A by-law passed under subsection (6) is effective only until June 30 next following the day on which it is passed.

Petition for religious exercises

84(8)       If a petition asking for religious exercises, signed by the parents or guardians of 75% of the pupils in the case of a school having fewer than 80 pupils or by the parents or guardians of at least 60 pupils in the case of a school having an enrolment of 80 or more pupils, is presented to the school board, religious exercises shall be conducted for the children of those parents or guardians in that school year.

S.M. 1991-92, c. 20, s. 14; S.M. 2004, c. 15, s. 15.

NOTE: The Manitoba Court of Queen's Bench has declared unconstitutional and struck down the part of subsection 84(1) after the word "non-sectarian" and all of subsections 84(2) - (7). See Manitoba Assn. for Rights & Liberties Inc. v. Manitoba, [1992] 5 W.W.R. 749, 94 D.L.R. (4th) 678, 82 Man. R (2d) 39.

Patriotic observances

85          Patriotic observances as prescribed by the advisory board established under The Education Administration Act shall be conducted in schools according to the regulations of the advisory board.

ACCIDENTS

Exemption from liability in certain cases

86          Where injury or death is caused to a pupil enrolled in or attending a school

(a) during, or as a result of, a course of instruction carried on under the jurisdiction of the school board; or

(b) during, or as a result of, physical training, physical culture, gymnastic exercises or drill carried on in connection with the school activities; or

(c) before or after school hours or during recess on school premises, on field trips or excursions or on school buses;

no cause of action accrues to the pupil or to any other persons for loss or damage suffered by reason of the bodily injury or death, against the school division or school district or any servant, agent or trustee thereof unless it is shown that the injury or death was caused by the negligence of the school division or school district or negligence of any of its employees or agents or of any one or more of the trustees.

Defective apparatus

87          Where the bodily injury or death of a pupil referred to in section 86 is caused by defective or dangerous apparatus supplied by the school division or school district for the use of the pupil, the school division or school district and its employees and agents and the trustees shall be deemed to have been not guilty of negligence unless it is shown that one or more of the trustees of the school board or one or more of the employees or agents thereof had knowledge of the defect in or the dangerous nature of the apparatus and failed to remedy or replace the apparatus within a reasonable time after acquiring the knowledge.

Exemption from liability for accidents in work education programs

88          Any pupil attending any course in technical or vocational instruction as provided in clause 48(1)(k) or off the school premises programs as provided for in subsection 78(4) shall be deemed to have accepted the risks incidental to the business, trade or industry in which he is being instructed or trained and, if bodily injury or death is caused to any such pupil during or as a result of the course, no cause of action for loss or damage suffered by reason of the bodily injury or death accrues to the pupil or to any other person

(a) against the school board or any of the trustees, if it is shown that the school board believed, upon reasonable grounds, that the person with whom the pupil was placed was competent to give the instruction and that his plant and equipment were such as to provide reasonable safeguards against death or injury; or

(b) against the person giving the instruction or his servants or agents unless the bodily injury or death of the pupil resulted from the negligence of the person giving the instruction or his servants or agents.

No action lies arising out of school patrol

89          Where property damage, bodily injury or death is caused to any person instructed, directed or controlled by a school patrol in the course of acting as such no cause of action accrues by reason or in respect thereof against any school division or school district or any servant or agent thereof or any trustee or the school patrol or his parent or guardian.

Permitting participation in sports not of itself negligence

90          No school division or school district or any of its trustees, employees or agents is guilty of negligence solely by reason of the fact that a pupil who wears eye glasses is permitted to take part in physical training, physical culture, gymnastic exercises or drill or to participate in any play or game carried on in connection with school activities.

PART VII

TEACHERS

Certified teachers and principals

91(1)       No person is legally qualified to teach or to be employed by a school board as a teacher or principal unless that person holds a valid and subsisting certificate issued by the minister under The Education Administration Act.

Pupils in care of teacher aides

91(2)       Notwithstanding subsection (1) and subject to the regulations a school board may authorize the principal to leave pupils in the care and charge of school social workers, psychologists, teacher aides, student teachers and other designated responsible persons without having a certified teacher in attendance.

S.M. 1996, c. 51, s. 13.

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.

Delivery of agreement to teacher

92(2)       Every school board after agreeing to employ a teacher shall, within two weeks, deliver to the teacher a written agreement in triplicate, duly executed by the school board and thereafter the teacher shall immediately execute the agreement upon receipt thereof and shall return two copies thereof to the school board.

Hearing by school board before dismissal of a teacher

92(3)       Where a complaint is made to a school board respecting the competency or character of a teacher, the school board shall not terminate its agreement with the teacher unless it has communicated the complaint to the teacher or his representative and given him an opportunity to appear personally or by representation before the school board to answer the complaint.

Action on termination of agreement

92(4)       Where an agreement between a teacher and a school board is terminated by one of the parties thereto, the party receiving the notice of the termination may within seven days of the receipt thereof request the party terminating the agreement to give reasons for the termination, in which case the party terminating the agreement shall, within seven days from the date of receipt of the request, comply therewith and where the school board terminates the agreement of a teacher who has been employed by the school board under a prescribed agreement for more than one full school year, as defined by the minister by regulation, the following clauses apply:

(a) the teacher, by notice in writing served on the school board within seven days of the date the reason for terminating the agreement was given, may require that the matter of the termination of the agreement be submitted to an arbitration board composed of one representative appointed by the teacher and one representative appointed by the school board and a third person who shall be chairman of the board of arbitration, mutually acceptable to and chosen by the two persons so appointed, none of whom shall be a member or employee of the school board;

(b) each party to the agreement shall appoint its representative to the board of arbitration within 10 days of the serving of the notice by the teacher under clause (a);

(c) where the members of the arbitration board appointed by the parties cannot agree on a decision, the chairman shall make the decision and his decision shall be deemed to be a decision of the arbitration board;

(d) the issue before the arbitration board shall be whether or not the reason given by the school board for terminating the agreement constitutes cause for terminating the agreement;

(e) where, after the completion of hearings, the arbitration board finds that the reason given for terminating the agreement does not constitute cause for terminating the agreement it shall direct that the agreement be continued in force and effect and subject to appeal as provided in The Arbitration Act the decision and direction of the arbitration board is binding upon the parties;

(f) the arbitration board shall, within 30 days after its appointment make its decision and shall immediately forward a copy thereof to each of the parties and to the minister;

(g) where a board of arbitration is appointed under this Part the remuneration to be paid to and the expenses incurred by the members of the board in carrying out their duties shall be borne equally by the parties to the dispute.

Accumulated teaching service

92(5)       Where a teacher enters into an agreement with a school board and has previously been employed as a teacher by that or one other school board in the province for more than one full school year within three years prior thereto, that prior period of employment shall, for the purposes of subsection (4), be deemed to be time during which the teacher was employed under the new agreement.

Right of teacher to recover salary

92(6)       A teacher is entitled to recover from the school board any salary or other remuneration due to him because of the unlawful or improper termination of his agreement by the school board.

Penalties for breach of agreements

92(7)       A teacher who enters into an agreement with a school division or school district and wilfully neglects or refuses to comply with the terms of the agreement is liable on the complaint of the school board to have his certificate of qualification suspended by a field representative and a school board that enters into an agreement with a teacher and wilfully neglects or refuses to comply with the terms of the agreement is liable to pay to the teacher one month's salary at the rate stipulated in the agreement in addition to the salary to which he is entitled under the agreement.

S.M. 1989-90, c. 49, s. 14 and 15; S.M. 2004, c. 15, s. 16; S.M. 2005, c. 42, s. 32.

Access to personnel records

92.1         A school board or a person acting on behalf of a school board shall

(a) provide a teacher with access to the teacher's personnel record upon request; and

(b) upon request by a teacher, attach to the personnel record the teacher's written objection to, or explanation or interpretation of, any matter contained in the personnel record.

S.M. 2000, c. 43, s. 5.

Accumulation of sick leave

93(1)       Each teacher who is continuously employed by a school board shall accumulate entitlement for sick leave at the rate of one day of sick leave with pay for every nine days of actual teaching service, or fraction thereof, unless a collective agreement governing the working conditions of the teacher provides for another manner of accumulating sick leave.

Maximum sick leave in any year

93(2)       No teacher shall accumulate more than 20 days sick leave with pay under subsection (1) in any year unless a collective agreement governing the working conditions of the teacher provides otherwise.

Maximum sick leave

93(3)       No teacher shall accumulate more than 75 days sick leave with pay under subsections (1) and (2) unless a collective agreement governing the working conditions of the teacher provides otherwise.

Effective sick leave on service

93(4)       For the purposes of determining sick leave under this section and for the purposes of determining sick leave under a collective agreement, unless the collective agreement provides otherwise,

(a) any day during which a teacher is absent from school because of sickness does not constitute part of actual teaching service; and

(b) the number of days a teacher is on sick leave with pay shall be deducted from his accumulated sick leave with pay entitlement when he returns to work.

Salary during sick leave

93(5)       Where a teacher whose sick leave is governed by subsections (1), (2) and (3) is sick, he is entitled to be paid his salary during his sick leave up to the maximum entitlement as determined in accordance with this section.

Payment for sick leave under collective agreement

93(6)       Where a teacher whose sick leave is governed by the provisions of a collective agreement, whether entered before or after the coming into force of this section, is sick, he is entitled to be paid during his sick leave whatever is provided in the collective agreement.

Continuance of prior entitlement

93(7)       Any sick leave accumulated by a teacher under any previous Act of the Legislature respecting public schools or under any collective agreement governing the working conditions of the teacher, whether entered into before or after the coming into force of this Act, is not cancelled by the enactment of this section or this Act but continues to be usable by the teacher as accumulated sick leave subject to the maximum of sick leave for the teacher as provided under this section or, where the collective agreement provides otherwise, subject to the maximum sick leave as provided in the collective agreement.

Certificate of physician

94          Subject to any collective agreement governing the working conditions of the teacher, where a teacher is absent from school because of sickness, the school board may require the teacher to submit to the school board a medical certificate from a duly qualified medical practitioner certifying that the teacher was sick during the period of absence.

Power of trustees to extend sick leave

95(1)       Notwithstanding section 93, a school board may in any school year grant to a teacher sick leave with or without pay for a period longer than that authorized under section 93.

Sick leave negotiable

95(2)       Notwithstanding any other provision of this Act, a school board may negotiate, and shall be deemed always to have had authority and capacity to negotiate with a local society representing teachers employed by it, as part of a collective agreement, the right and entitlement of teachers to sick leave and to accumulate sick leave and all matters relating to the manner of accumulating and limiting the accumulation of sick leave as part of the working conditions of the teachers and, where the school board and the local society cannot agree on those matters, the matter may be referred for arbitration under Part VIII in the same way as any other dispute arising out of negotiations for a collective agreement.

Labour Relations Act applies

95(3)       Section 78 of The Labour Relations Act applies to any dispute as to the meaning, application or alleged violation of a provision of a collective agreement relating to sick leave of teachers.

Validation of old provisions re sick leave

95(4)       Where a collective agreement governing the working conditions of teachers entered into before the coming into force of this Act contained a provision relating to sick leave, the provision is valid and enforceable as though section 93 and subsections (2) and (3) had been in force at the time the collective agreement was negotiated and entered into.

Continuance of sick leave provisions in collective agreements

95(5)       Notwithstanding any other provision of this Act or The Education Administration Act or the regulations under either Act, all provisions relating to sick leave for teachers in any collective agreement governing the working conditions of teachers which is in effect on the coming into force of this section continue in force and effect on, from and after the coming into force of this section in accordance with the terms of that collective agreement.

S.M. 2000, c. 43, s. 3.

Duties of teacher

96          Every teacher shall

(a) teach diligently and faithfully according to the terms of his agreement with the school board and according to this Act and the regulations;

(b) keep a record of attendance in the manner and in such form as required by the school board;

(c) maintain order and discipline in the school;

(d) furnish to the minister, or to a field representative, any information that it may be in his power to give respecting anything connected with the operations of the school or in any way affecting its interests;

(e) notify the principal who shall notify the appropriate local health authority of the area in which the school is situated or where there is no local health authority the school board that he has reason to believe that a pupil attending the school has been exposed to or is suffering from a communicable disease as defined in The Public Health Act and regulations made thereunder;

(f) seize or cause to be seized and take possession of any offensive or dangerous weapon that is brought to school by a pupil and hand over any such weapon to the principal who shall notify the parent or guardian warning him that the pupil may be suspended or expelled from the school;

(g) deliver or cause to be delivered or provide the parent or guardian of each pupil taught by him reports of the pupil at the times and in the manner determined by the school board;

(h) admit to his classroom student teachers enrolled in a teacher education institution approved by the minister, for the purpose of practice teaching and of observing instruction.

PART VIII

ARBITRATION OF COLLECTIVE BARGAINING DISPUTES

INTRODUCTORY PROVISIONS

Definitions

97(1)       The definitions in this subsection apply in this Part.

"dispute" means any dispute or difference, or apprehended dispute or difference, between a school board and one or more of the teachers it employs or a bargaining agent acting on behalf of those teachers as to

(a) matters or things affecting or relating to terms or conditions of employment or work done or to be done by the employer or by the teacher or teachers, or

(b) privileges, rights and duties of the school board or the teacher or teachers that are not specifically set out in this Act or The Education Administration Act or in the regulations made under either of those Acts.

However, it does not include a controversy or difference arising out of the termination or threatened termination of a teacher's contract. (« différend »)

"party" means the bargaining agent for a unit of teachers on the one hand, or the school board that employs those teachers on the other hand, and "parties" means the two of them. (« partie »)

"teacher" means a person employed by a school board under a written contract prescribed under section 92 and who holds a valid and subsisting teacher's certificate or limited teaching permit issued under The Education Administration Act. It includes a principal, a vice-principal and a person certified as a clinician. It does not include a superintendent, assistant superintendent or deputy superintendent. (« enseignant »)

"unit" has the same meaning as in The Labour Relations Act, and includes a group of teachers. When the expression "appropriate for collective bargaining" is used with reference to a unit, it means a unit that is appropriate for collective bargaining, whether it is a group of teachers employed by a single school board or by two or more school boards. (« unité »)

Words and expressions in Labour Relations Act

97(2)       Words and expressions used in this Part and not defined in subsection (1) have the same meaning as in The Labour Relations Act, except when the context of this Part requires otherwise.

S.M. 2000, c. 43, s. 4; S.M. 2005, c. 42, s. 32.

Labour Relations Act applies

98(1)       The Labour Relations Act applies to teachers, bargaining agents for units of teachers, and school boards, but if a provision of this Act conflicts or is inconsistent with The Labour Relations Act, the provision of this Act prevails.

School principals are employees under Labour Relations Act

98(2)       A principal or vice-principal employed by a school board is deemed to be an employee under The Labour Relations Act, and a unit that includes a principal or vice-principal with other teachers is deemed to be a unit appropriate for collective bargaining.

S.M. 2000, c. 43, s. 4.

Part does not apply to the Crown

99          This Part does not apply to the Crown in right of Manitoba or to teachers employed by the Crown.

S.M. 2000, c. 43, s. 4.

ARBITRATION PROCEEDINGS

When arbitration may be initiated

100         If the parties have been unable to conclude a collective agreement and a period of at least 90 days has elapsed since notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, either party may initiate arbitration proceedings in accordance with this Part to decide the collective bargaining matters in dispute between them.

S.M. 2000, c. 43, s. 4.

Terms and conditions of agreement continue in effect

101         Unless the parties agree otherwise, if notice has been given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, the terms and conditions of the collective agreement then in operation continue in effect until the parties conclude a collective agreement or until an arbitration award is made under this Part.

S.M. 1996, c. 51, s. 14; S.M. 1998, c. 35, s. 7; S.M. 2000, c. 43, s. 4 and 5.

Provision for final settlement of disputes in bargaining

102(1)      Every collective agreement between the parties must contain a provision for the final settlement by arbitration, without stoppage of work, of all disputes arising in collective bargaining between them.

When Labour Relations Act applies

102(2)      Part VII of The Labour Relations Act applies, with necessary changes, to an arbitration carried out under a final settlement provision referred to in subsection (1), except to the extent of any inconsistency with the final settlement provision.

S.M. 2000, c. 43, s. 4.

Deemed final settlement provision

103         If a collective agreement between the parties does not contain an arbitration provision for the final settlement of collective bargaining disputes as required by section 102, it shall be deemed to contain the following provisions:

1.

If the parties are unable to agree on the terms of a renewed or revised collective agreement or a new collective agreement, either party may — after a period of at least 90 days has elapsed since notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act — notify the other in writing of its desire to submit the matters remaining in dispute to arbitration. The matters in dispute must then be submitted to arbitration in accordance with this section.

2.

If the parties agree to refer the matters to a single arbitrator, they shall appoint an arbitrator to hear and determine the matters and make an award.

3.

If the parties cannot agree to appoint a single arbitrator, they shall take steps to establish an arbitration board to hear and determine the matters and issue an award.

4.

The party that gives the notice under item 1 shall include in the notice a statement of the matters in dispute being referred to arbitration. The other party may also provide the initiating party with a statement in writing of the matters it considers to be in dispute.

5.

A statement referred to in item 4 may be amended at any time before the arbitrator or arbitration board begins hearings, but new items may not be added unless bargaining has taken place respecting them.

6.

After hearings begin, neither of the parties may add further items to the statement of matters in dispute, but a party may modify or withdraw any items during the course of the hearing.

7.

Part VII of The Labour Relations Act applies, with necessary changes, to the arbitration of collective bargaining disputes between the parties.

S.M. 2000, c. 43, s. 4.

104         Repealed.

S.M. 2000, c. 43, s. 4; S.M. 2000, c. 43, s. 7.

ARBITRATION AWARD

Time limit for award — single arbitrator

105(1)      An arbitrator shall make an award within 30 days after concluding the proceedings, or within any longer period that the parties agree to.

Time limit for award — arbitration board

105(2)      An arbitration board shall make an award within 60 days after concluding the proceedings, or within any longer period that the parties agree to.

Content of award

105(3)      The award shall set out the decision of the arbitrator or arbitration board as to how the matters in dispute between the parties are to be settled.

Reasons

105(4)      The award shall state the reasons on which it is based.

Decision given to the Labour Board and the minister

105(5)      When the award is given to the parties, the arbitrator or arbitration board shall also give a copy to The Manitoba Labour Board and to the minister.

S.M. 2000, c. 43, s. 4.

Award binding

106         An award of an arbitrator or arbitration board is binding on the bargaining agent, the teachers in the unit involved in the dispute and the school board.

S.M. 1996, c. 71, s. 2; S.M. 2000, c. 43, s. 4.

Clarification of award

107         Within 30 days after an award is made, either party may request the arbitrator or arbitration board to clarify the award or a part of it. The award shall not be considered to be made until the clarification is provided.

S.M. 2000, c. 43, s. 4.

Collective agreement following award

108         Within 30 days after an award is made, the parties to the arbitration shall prepare and sign a collective agreement embodying all matters settled in the award.

S.M. 2000, c. 43, s. 4.

Collective agreement binding

109         A collective agreement entered into by a bargaining agent for a unit of teachers and a school board is binding on

(a)  the bargaining agent and every teacher in the unit to which the collective agreement applies; and

(b)  the school board.

S.M. 2000, c. 43, s. 4.

STRIKES AND LOCKOUTS PROHIBITED

Strike by teachers prohibited

110(1)      No teacher shall strike.

Strike authorization by bargaining agent prohibited

110(2)      No bargaining agent for a unit of teachers shall declare or authorize a strike.

S.M. 1996, c. 71, s. 4; S.M. 2000, c. 43, s. 4.

110.1 and 110.2  Repealed.

S.M. 1996, c. 71, s. 5; S.M. 2000, c. 43, s. 4.

Lockout by school board prohibited

111         No school board shall declare or cause a lockout of teachers.

S.M. 1996, c. 71, s. 6; S.M. 2000, c. 43, s. 4.

Penalty for illegal lockout — school board

112(1)      Every school board that declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000.

Penalty for illegal lockout — person

112(2)      Every person who, acting on behalf of a school board, declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

Penalty for illegal strike — bargaining agent

112(3)      Every bargaining agent that declares or authorizes a strike of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000.

Penalty for illegal strike — officers

112(4)      Every officer or representative of a bargaining agent who authorizes or participates in a strike vote of teachers, or declares or authorizes a strike of teachers, is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

Continuing offence

112(5)      Each day that a school board, person acting on behalf of a school board, bargaining agent, or officer or representative of a bargaining agent contravenes a provision of this Act constitutes a separate offence.

S.M. 1996, c. 71, s. 7; S.M. 2000, c. 43, s. 4.

113 to 170  Repealed.

S.M. 1993, c. 48, s. 91; S.M. 1996, c. 71, s. 8 to 30; S.M. 1998, c. 35, s. 8; S.M. 2000, c. 43, s. 4.

PART IX

GRANTS AND LEVIES EDUCATION SUPPORT PROGRAM

Definitions

171         In this Part and in Parts X and XI,

"assessable property" means the property shown on the assessment roll of a municipality and in respect of which

(a) taxes for school purposes are required to be paid, or

(b) grants in lieu of taxes for school purposes are paid under an Act of the Legislature or an Act of Parliament; (« bien imposable »)

"assessor" means

(a) an assessor appointed under The Municipal Assessment Act, or

(b) an assessor appointed under The City of Winnipeg Charter; (« évaluateur »)

"Canada supported pupil" means a pupil

(a) who resides on land owned or administered by the Government of Canada,

(b) who attends a school in a division, and

(c) for the education of whom the Government of Canada makes contributions to the division under an agreement made between the Government of Canada and the division or between the Government of Canada and the Government of Manitoba; (« élève à la charge du Canada »)

"capital support" means financial support, for which provision is made in this Part and in the regulations, in respect of capital expenditures set out in the regulations; (« aide en capital »)

"capital support program" means the program of providing capital support to school divisions that is under the administration of and paid by the finance board out of the fund; (« programme d'aide en capital »)

"council" where used to refer to the council of a municipality means

(a) in the case of a city, town, village or rural municipality, the council thereof,

(b) in the case of a local government district, the resident administrator thereof, and

(c) in the case of a special locality, the Minister of Aboriginal and Northern Affairs; (« conseil »)

"education support levy" means a levy imposed under section 184 by the council of a municipality to raise a part of the annual revenues of the finance board; (« taxe d'aide à l'éducation »)

"eligible enrolment" where used to refer to the eligible enrolment of a school division for a fiscal year means the number of pupils enrolled in the school division on September 30 of that fiscal year less 1/2 of the number of pupils in the kindergartens of the school division on that date, but not including

(a) nursery pupils, or

(b) Indian pupils enrolled in the school division and in respect of whose education an Indian band or the Government of Canada will be required to make contributions to the school division in that fiscal year, or

(c) Canada supported pupils, or

(d) pupils the cost of whose education is paid from sources other than school divisions, or

(e) pupils who are not residents of a school division; (« inscription recevable »)

"farm and residential property" means property that is within the classes of property prescribed under The Municipal Assessment Act as Residential 1, Residential 2, Residential 3 and Farm Property; (« bien agricole et résidentiel »)

"fund" means "The Education Support Fund" continued under The Public Schools Finance Board Act and administered by the finance board under that Act; (« Fonds »)

"municipal board" means the Municipal Board under The Municipal Board Act; (« Commission municipale »)

"municipality" means a city, town, village, rural municipality, local government district or special locality not within a school district or in the case of a city, town, village, rural municipality, local government district or special locality part of which is within a school district means that part thereof that is not within the school district; (« municipalité »)

"operational support" means financial support, for which provision is made in this Part and in the regulations, but not including capital support; (« aide de fonctionnement »)

"operational support program" means the program of providing operational support to school divisions that is under the administration of the minister and paid by the finance board out of the fund; (« programme d'aide de fonctionnement »)

"personal property assessment" means an assessment of personal property that is made in accordance with the provisions of The Municipal Assessment Act and in respect of which a tax is levied by the municipality; (« évaluation des biens personnels »)

"regulations" means regulations made under this Part; (« règlements »)

"special locality" means a community or an incorporated community in northern Manitoba as these expressions are defined in The Northern Affairs Act; (« localité spéciale »)

"total municipal assessment" means total municipal assessment as defined in The Municipal Assessment Act; (« évaluation municipale totale »)

"total school assessment" means total school assessment as defined in The Municipal Assessment Act. (« évaluation scolaire totale »)

S.M. 1988-89, c. 13, s. 36; S.M. 1989-90, c. 24, s. 91; S.M. 1991-92, c. 20, s. 15 to 17; S.M. 2000, c. 35, s. 71; S.M. 2002, c. 39, s. 535; S.M. 2006, c. 24, s. 61.

Application of Part in L.G.D.'s and special localities

172         Where under this Part

(a) anything is required or authorized to be done by a municipality, it shall or may be done by or on the direction of the council thereof; and

(b) any statement, notice or document is required to be given or sent to a municipality, in the case of a municipality that is a local government district, it shall be given or sent to the resident administrator thereof and in the case of a special locality, it shall be given to the Minister of Aboriginal and Northern Affairs.

S.M. 2000, c. 35, s. 71.

Administration of support programs

173(1)      The finance board shall administer the capital support program and the minister shall administer the operational support program, and the finance board shall make the required payments under both programs out of the fund.

Provision of financial support

173(1.1)    In each year, at the times and in the manner prescribed by the regulations, support calculated as required by the regulations shall be paid by the finance board to each school division,

(a) in the case of support under the operational support program, as determined by the minister; and

(b) in the case of support under the capital support program, as determined by the finance board.

Review of operational support program

173(1.2)    The minister shall continually review the operation and cost of the operational support program.

Deduction from financial support

173(2)      The finance board, on the written request of a school division, may pay all or part of the financial support provided to the school division under this Part and the regulations to the government, an agency of the government, sinking fund trustees, or a person entitled to the payment of principal and interest payable under debentures or securities issued by the school division or the liability for the payment of which has been assumed by or transferred to the school division under an Act of the Legislature and the amounts paid shall be deducted from the financial support provided to the school division.

Condition of support

173(3)      Support provided under this Part and the regulations shall be provided subject to such terms and conditions as may be prescribed in the regulations.

Finance board not bound by estimate

173(4)      Notwithstanding that the minister or the finance board, as the case may be, has notified a school division of an estimate of support to be provided to the school division under this Part and the regulations in any year, the support provided to that school division in that year shall not exceed the amounts calculated and limited as prescribed in the regulations.

Special reductions in support

173(5)      Where, under any agreement or practice under which the owner of property which is not assessable or the assessment of which is fixed by agreement or statute makes payments to

(a) a school division; or

(b) a municipality all or part of which is in a school division for or in respect of school purposes;

in excess of any taxes for the payment of which the owner is liable, the minister or the finance board, as the case may be, may reduce the amount of support provided to the school division in any year by the whole or a part of the amount of such payments that the school division receives or is entitled to receive in that year.

Content of capital support program

173(6)      From time to time the minister shall instruct and advise the finance board as to the nature and character of the capital expenditures incurred by school divisions in respect of which support is provided under this Part and the regulations.

S.M. 1991-92, c. 20, s. 18 to 21.

Reports, etc. from school divisions

173.1(1)    The minister may require a school division to prepare and submit to the minister such reports and returns as the minister deems advisable, and to submit to the minister for inspection any contracts or documents relative to the affairs of the school division, and the minister may make copies of such contracts or documents.

Withholding of grants

173.1(2)    Notwithstanding the provisions of this or any other Act of the Legislature, the minister may, as the case may require, withhold or direct the finance board to withhold the payment of all or part of any operational support payable to a school division under this or any other Act of the Legislature until the school division has complied with any requirement under subsection (1).

S.M. 1991-92, c. 20, s. 22.

Authority for disposal of land

174(1)      Subject to any regulations made under The Education Administration Act, the school board of a school division shall not dispose of any land or buildings owned by it, or any interest or right therein, by way of sale, lease, gift or otherwise, unless it first obtains the authorization of the finance board and, where the finance board authorizes the disposal of any land or buildings owned by a school board, or any interest or right therein, it may require that the moneys realized from the disposal be paid over to the fund.

174(2)      Repealed, S.M. 1997, c. 27, s. 4.

S.M. 1991-92, c. 20, s. 23; S.M. 1997, c. 27, s. 4; S.M. 2004, c. 15, s. 17.

Definition: "administrative costs"

174.1(1)    In this section, "administrative costs" means the administrative costs of operating a school division or school district that are prescribed by the minister.

Control of administrative costs

174.1(2)     The minister may by regulation

(a) prescribe administrative costs for the purpose of this section;

(b) establish reporting requirements for administrative costs budgeted or incurred by school divisions and school districts; and

(c) set limits on administrative costs.

Limits may be different

174.1(3)    A regulation under subsection (2) may set different limits for different school divisions and school districts.

Withholding of support

174.1(4)    If in any year the administrative costs of a school division or school district exceed the prescribed limits, an amount not greater than the excess may be withheld from any operational support payable to the school division or school district.

S.M. 2002, c. 8, s. 16.

Regulations

175(1)      For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing the times at which and the manner in which support to be provided under this Part and the regulation shall be provided to school divisions;

(b) prescribing the manner in which support to be provided to school divisions under this Part and the regulations shall be calculated;

(c) prescribing the terms and conditions subject to which support shall be provided to school divisions;

(d) prescribing procedures whereby school divisions may submit matters to the minister or the finance board, as the case may be, for approval;

(e) notwithstanding any other provision of this Act, authorizing or requiring school divisions to transport pupils;

(f) prescribing the times at which and the manner in which municipalities shall remit to the finance board and to the school division amounts required to be remitted under this Part;

(g) prescribing the percentage of the municipal contribution, in each school division for each fiscal year, that is to be raised by special levy;

(g.1) prescribing the times at which and the manner in which school boards shall remit amounts required to be remitted to the francophone school board under section 190.1.

Regulations by minister

175(2)      The minister may make regulations not inconsistent with this Part or the regulations made under subsection (1) prescribing the form and manner in which estimates of expenses and revenues of school divisions shall be submitted to the minister and prescribing the items that shall be set out in those estimates.

S.M. 1991-92, c. 20, s. 24 to 26; S.M. 1993, c. 33, s. 7; S.M. 1998, c. 35, s. 9.

176         Repealed.

S.M. 1991-92, c. 20, s. 27.

177(1)      Repealed, S.M. 1989-90, c. 24, s. 91.

Data for finance board

177(2)      On the written request of the finance board, the assessor or any member of his staff, and the officers and employees of municipalities, including the resident administrators of local government districts, the Minister of Aboriginal and Northern Affairs and the officers and employees of the Department of Aboriginal and Northern Affairs, shall provide such information as they have respecting assessment and taxation in any municipality as may be specified in the request.

S.M. 1989-90, c. 24, s. 91; S.M. 2000, c. 35, s. 71; S.M. 2004, c. 15, s. 18.

Budget consultations

178(1)      A school board shall not approve its annual budget until it has

(a) consulted each school advisory council, local school committee or school committee in the school division or school district; and

(b) presented its proposed budget at an open meeting of the board and heard from persons present wishing to make submissions regarding it.

Notice of meeting

178(1.1)    At least 14 days before the open meeting at which its proposed budget will be presented, a school board must provide public notice of the meeting.

Budget submitted to minister

178(2)      Each school board shall, on or before March 31 of each year, submit to the minister in the manner and form prescribed by the minister, an estimate of its proposed budget for the immediately ensuing fiscal year.

S.M. 1988-89, c. 13, s. 36; S.M. 1991-92, c. 20, s. 28; S.M. 1996, c. 51, s. 15; S.M. 2002, c. 8, s. 17.

Review of operational estimates

179(1)      Subject to subsection 173(6), the minister, upon receiving the estimates of school divisions under section 178, shall review the estimates and make an estimate of the amount of operational support that the minister will be required to provide to each school division.

Review of capital estimates

179(1.1)    Upon receiving the estimates of school divisions under section 178, the finance board shall review the estimates and make an estimate of the amount of capital support that it will be required to provide to each school division.

Referral for reconsideration

179(2)      Before estimating the amount of support to be provided to any school division, the minister or the finance board, as the case may be, may refer the estimates of the school division back to the school board thereof for further consideration of items in respect of which support will be provided.

S.M. 1991-92, c. 20, s. 29 and 30.

Estimate of finance board requirements

180         On or before January 1 in each year, the finance board shall calculate an estimate of its financial requirements for the immediately ensuing fiscal year and shall notify the minister of that amount as the estimate of the cost of the capital support program for that fiscal year including the cost of administering the fund and providing capital support out of the fund for that fiscal year.

S.M. 1991-92, c. 20, s. 31.

Minister to notify board of contribution from Consolidated Fund

181(1)      On or before January 15 in each year the minister shall notify the finance board of the total amount of support to be provided to school divisions in the next ensuing fiscal year and the amount the government intends to provide to the finance board in that fiscal year from the Consolidated Fund toward its financial requirements for that fiscal year, and the difference between those amounts shall be raised by education support levies imposed on assessable property other than farm and residential property.

181(2) and (3)  Repealed, S.M. 2006, c. 24, s. 62.

S.M. 1989-90, c. 24, s. 91; S.M. 1991-92, c. 20, s. 33; S.M. 2002, c. 8, s. 18; S.M. 2006, c. 24, s. 62.

Amount to be raised by municipality

182         Subject to subsection 191(6), the amount to be raised by a municipality each year by an education support levy is the amount calculated by the finance board according to the following formula:

Amount = T × SM/ST

In this formula,

T

is the total amount that, according to subsection 181(1), must be raised for that year by education support levies;

SM

is the portion of the municipality's total school assessment for the year that is attributable to assessable property other than farm and residential property, based on the latest assessment information obtained by the finance board before March 15 of that year;

ST

is the total of the amounts determined for SM for the year for all municipalities.

S.M. 1989-90, c. 24, s. 91; S.M. 2006, c. 24, s. 63.

Statement to municipalities

183         On or before March 15 of each year, the finance board must send to each municipality a statement setting out the amount to be raised by the municipality for that year by an education support levy, as calculated under section 182 and adjusted, if required, under subsection 191(6).

S.M. 1989-90, c. 24, s. 91; S.M. 2002, c. 8, s. 19; S.M. 2006, c. 24, s. 63.

Council to impose education support levy

184         Upon receiving the statement referred to in section 183, the council of a municipality must set the mill rate and impose a levy on assessable property in the municipality, other than farm and residential property, sufficient to raise the amount specified in the statement.

S.M. 1989-90, c. 24, s. 91; S.M. 2006, c. 24, s. 63.

Remittance of education support levy

185(1)      Each year, a municipality must remit to the finance board, at the time and in the manner prescribed by regulation, the amount specified in the statement under section 183 as the amount to be raised by the municipality that year on assessable property other than farm and residential property.

Interest charges

185(2)      The finance board may charge interest at the rate at which it is able to borrow for current purposes on overdue remittances required to be paid to it under subsection (1).

S.M. 1989-90, c. 24, s. 91; S.M. 2006, c. 24, s. 64.

Notice to school divisions by minister

186(1)      On or before February 15 in each year, after estimating the amount of the operational support that the minister will require the finance board to provide to each school division in the next ensuing fiscal year, the minister shall notify the school board of each school division of the amount of support that the finance board will be providing to the school division in that fiscal year.

Notice of capital support by finance board

186(1.1)    On or before February 15 in each year, after estimating the amount of the capital support that it will be required to provide to each school division in the ensuing fiscal year, the finance board shall notify the school board of each school division of the amount of capital support that the finance board will be providing to the school division in that fiscal year.

Notice of assessment by finance board

186(1.2)    On or before February 15 in each year, the finance board shall notify the school board of each school division of the amount of the total assessment applicable to the school division and each municipality within the school division for that year.

Apportionment of additional revenues

186(2)      Subject to subsection (3), and after receiving notice under subsections (1) and (1.1), a school board shall estimate the amount of revenue that will be required to be raised by a special levy and shall apportion to each municipality within the school division an amount that bears the same relation to the total amount that is required to be raised by special levy as the total school assessment in respect of each municipality bears to the total school assessment in respect of the school division.

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.

S.M. 1989-90, c. 24, s. 91; S.M. 1991-92, c. 20, s. 34 and 35; S.M. 1998, c. 35, s. 10.

186.1       Repealed.

S.M. 1993, c. 16, s. 2; S.M. 1997, c. 27, s. 5.

186.2       Repealed.

S.M. 1993, c. 16, s. 2; S.M. 1997, c. 27, s. 5.

Statement to municipalities

187         On or before March 15 in each year, the school board of each school division shall send to each municipality within the school division a statement setting out the amounts that have been apportioned in that year to the municipality in accordance with section 186 and shall send to the finance board a statement showing the amounts that have been apportioned to each municipality all or part of which are within the school division.

S.M. 1989-90, c. 24, s. 91.

Special levy in municipalities

188         Upon receiving a statement under section 187, the council of the municipality shall, in respect of real and personal property that is assessable property and that is within the municipality and the school division, fix and impose a tax sufficient to raise the amount that is apportioned to the municipality and set out in the statement under section 187.

S.M. 1989-90, c. 24, s. 91.

Remittance of allowance to school division

189         At the times and in the manner prescribed in the regulations, each municipality within a school division shall remit to the school board of the school division the amounts apportioned to the municipality and set out in the statements sent to it under section 187.

Interest charges

190         A school board may charge interest, at the rate at which the finance board is able to borrow for current purposes, on overdue remittances required to be paid by a municipality under section 189.

Transfer of special levy to francophone school division

190.1       Each year, the school board of the school division in which a pupil of the francophone school division resides, at the times and in the manner prescribed by regulation, shall remit to the francophone school board an amount equivalent to the total raised by the special levy on assessable property, divided by the number of pupils resident in that school division attending public schools, multiplied by the number of pupils resident in that division attending a program provided by the francophone school board as of September 30 in each year.

S.M. 1993, c. 33, s. 8.

VARIATION OF APPORTIONMENT

Appeal of division apportionment

191(1)      Where a municipality is affected by an apportionment made in any year under this Part by a school division, or, where the municipality is a special locality, the Minister of Aboriginal and Northern Affairs, may on giving 30 days notice in writing to

(a) the school board making the apportionment; and

(b) each other municipality affected by the apportionment;

appeal against the apportionment to the municipal board.

Hearing of appeal

191(2)      The municipal board shall hear the appeal and determine the amounts

(a) that should, as provided herein, be apportioned for the year to each of the municipalities all or part of which are within the school division which made the apportionment; and

(b) which each of the municipalities are required to raise by levying a rate.

Discretion of municipal board on appeal

191(3)      In determining the amounts that should be apportioned to municipalities under this Part in any year and which the municipalities are required to raise by levying a rate, the municipal board, on an appeal under this section, has an absolute discretion and is not bound by any provision of this Act, and its decision is final.

Time for appeal

191(4)      The municipal board shall not hear an appeal under this section unless the notice required under subsection (1) is given within 30 days of the date on which the notice of apportionment was given in accordance with section 187 by the school board to the municipality appealing.

Effect of variations by municipal board

191(5)      Where, on an appeal under this section, the municipal board varies an apportionment made under this Part by a school division in any year, the amounts payable to the school division by the municipality in that year as set out in the statement sent by the school board under section 187 shall not be altered; but the school board shall, in the next following year adjust the apportionment made under subsection 186(2) by allowing credits or apportioning extra amounts, as the case requires to the municipalities affected to make up for the variations made by the municipal board.

Correction of calculation by finance board

191(6)      If, after sending the statements under section 183 in any year, the finance board discovers an error in its calculation of the amounts required to be raised by education support levies in that year it shall adjust its calculation of the amounts required to be raised to be raised by education support levies in the next following year by allowing credits or charging extra amounts as the case requires, to the municipalities affected to make up for the error.

S.M. 2000, c. 35, s. 71; S.M. 2006, c. 24, s. 65.

192         Repealed.

S.M. 1989-90, c. 24, s. 91.

PART X

OTHER FINANCIAL PROVISIONS

Regulations

193         For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) prescribing the amount and manner in which grants to be provided to school districts under this Part shall be calculated;

(b) prescribing the times at which and the manner in which grants to be provided under this Part shall be provided to school districts;

(c) prescribing the terms and conditions subject to which grants shall be provided to school districts;

(d) prescribing the amount by which the grant may be reduced.

Regulations

194         The Lieutenant Governor in Council may make regulations respecting the payment of grants to school divisions, in addition to support that may be provided, to assist in establishing and maintaining evening schools and programs approved by the minister that are not supported either in whole or in part under the capital support program or the operational support program.

S.M. 1991-92, c. 20, s. 36.

Payment of grants

195         The Minister of Finance, on the requisition of the minister, shall make such grants as may be determined under the regulations made under section 194.

Grants to educational organizations

196         The Minister of Finance, on the requisition of the minister, may make such grants to organizations or groups all or part of whose objects or purposes are, in the opinion of the minister, to foster educational projects.

S.M. 2000, c. 15, s. 2.

Community schools program

196.1(1)    The minister may establish a program to strengthen the links between families, the community and local schools and, for the purposes of the program, may designate any of the following as a community school:

(a) a school whose future sustainability and viability is threatened by low enrolment;

(b) a school that is located in a neighbourhood with low socio-economic characteristics;

(c) a school that has a community school council that is actively preparing or implementing a community school plan in accordance with policies established by the minister.

Priority for early years schools

196.1(2)    In designating community schools, the minister must give priority to schools that offer programming for one or more grade levels between kindergarten and Grade VIII.

Grants to community schools

196.1(3)    The Minister of Finance, on the requisition of the minister, may make grants for the purpose of maintaining and strengthening community schools.

S.M. 2008, c. 29, s. 4.

Special grants

197         The Minister of Finance, on the requisition of the minister, may make special grants to school divisions or school districts from money authorized by an Act of the Legislature to be paid for that purpose.

S.M. 2000, c. 15, s. 3.

Authorized closures

198         Where under the regulations the minister prescribes the number of days a school must be operated before the whole or any part of a grant is paid to the school division, any day during which a school is closed

(a) by reason of sickness of the teacher, but in any case not exceeding the sick leave entitlement under section 93; or

(b) by order of the health officer under The Public Health Act or regulations made thereunder; or

(c) by reason of the use of the school building for the purpose of holding a election; or

(d) under the regulations;

shall, if the teacher is entitled to receive his salary for that day, be deemed to be a teaching day on which the school is operated within the meaning of the regulations.

S.M. 2005, c. 27, s. 162.

Moneys payable to school divisions a debt of municipality

199         All moneys payable to a school division by a municipality and remaining unpaid after the date fixed by this Act, or the regulations for the payment thereof, are a debt owed by the municipality to the school division.

Authority for reserves

200         A school division may, with the approval of the finance board, establish reserves.

Definition of "securities"

201(1)      In this section, "securities" means bonds, debentures, promissory notes, deposit certificates, treasury bills, trust certificates, guaranteed investment certificates or other documents evidencing debt.

Investing moneys not immediately required

201(2)      A school board may

(a) invest in securities of a bank, trust company or credit union, or securities issued or guaranteed by the Government of Canada or the Government of Manitoba, that mature within one year; or

(b) deposit for investment with the Minister of Finance for a period not exceeding one year;

money that is not required for immediate expenditure.

S.M. 1996, c. 51, s. 16.

Disposition of moneys

202         All moneys received by the Minister of Finance under clause 201(2)(b) shall form a part of the trust funds of the government and shall be held in a separate account known as the "School Division's Reserve Fund Account", and a statement of the amount to the credit of each school division shall be set forth annually in the public accounts of the government.

S.M. 1996, c. 51, s. 16; S.M. 1998, c. 35, s. 11.

203         Repealed.

S.M. 1996, c. 51, s. 16; S.M. 1998, c. 35, s. 12.

204         Repealed.

S.M. 1998, c. 35, s. 12.

Instruction in public institutions

205         In the case of public institutions supported in whole or in part by the government, the minister may, in his discretion, establish and maintain facilities for the instruction of pupils therein and may pay the costs incidental thereto including the salary of the teacher or any part of those costs out of the moneys annually authorized by an Act of the Legislature to be so paid and applied.

School facilities in unorganized territory, etc.

206         In the case of unorganized territory or any other place where there is no school division or school district and where, in the opinion of the minister, it is inexpedient to establish a school division, the minister, in his discretion, may

(a) establish and maintain school facilities for the instruction of pupils;

(b) provide for the erection, maintenance and furnishing of a school;

(c) pay all or part of the salary of a teacher;

(d) operate a bus route and transport children to and from an existing school or pay all or part of the cost of board and room in lieu of transportation;

(e) pay all or any part of such tuition fees as may be determined by mutual agreement with the school board and all or any part of the costs of, or incidental to, any of the things hereinbefore mentioned out of the moneys annually authorized by an Act of the Legislature to be so paid and applied.

Minister to have powers of trustees

207         Where a school is established or services provided under section 206, the minister shall perform all the duties of and has all the powers vested in a school board under this Act.

School must be conducted according to law

208(1)      Where a school, in the opinion of the minister is not conducted as required by this Act or any other Act or by the regulations or where the principal thereof, or the school board to which the school belongs has not complied with the requirements of this Act respecting the duties of trustees and teachers, the school shall be deemed not to be a school.

Waiver of non-compliance

208(2)      Where the minister is of the opinion that a school has been conducted substantially as required by law and the regulations, and that any departure therefrom is of an unimportant character and has been caused, bona fide, by mistake or inadvertence, he may cause the usual proportion of the grants to be paid to the school division.

Application of subsection (2)

208(3)      Subsection (2) does not apply to the case of a school that has been conducted in violation of the provisions of sections 80 to 85.

209 and 210  Repealed.

S.M. 1989-90, c. 24, s. 91.

Children attending another school

211         A person residing in a school division and sending his children to a school not operated by that school division is liable for the payment of all rates assessed on his taxable property for the school purposes of the school division in which he resides.

RESPONSIBILITY FOR SCHOOL MONEYS

Responsibility for default of treasurer

212(1)      Every municipality and local government district is responsible to the Crown in right of Manitoba, and to all other persons interested, for ensuring that all school moneys coming into the hands of the treasurer of the municipality or of the resident administrator of the local government district by virtue of his office, are duly paid over and accounted for by him according to law.

Sureties for school moneys

212(2)      The municipal treasurer or the resident administrator and their respective sureties are, in like manner, responsible and accountable for the moneys to the municipality or local government district; and any bond or security given by any of them for the due accounting for, and paying over of, moneys coming into the hands of the municiapl treasurer or resident administrator and belonging to the municipality or local government district applies to school moneys and may be enforced against the treasurer or resident administrator and their respective sureties in case of default on the part of the treasurer or resident administrator.

Enforcing payment of school moneys

212(3)      In the case of default in paying over school moneys, the Crown in right of Manitoba may enforce the responsibility of the municipality or local government district, either by stopping a like amount of any public moneys payable to the municipality or local government district or to the treasurer or resident administrator thereof or by any action or proceeding in a court of law against the municipality or local government district.

Responsibility to individuals

212(4)      Any person aggrieved by the default of a municipal treasurer or resident administrator may recover from the municipality or local government district the amount due or payable to that person, as money had and received to his use.

Municipal advances for current expenses

212(5)      A municipality may make advances to any school division within the municipality, prior to the levying or collecting of the taxes for which provision is made, in such amounts of money as may be required by the school board for current expenses, and the municipality may borrow money for such purposes.

Guarantee of repayment

212(6)      Subject to subsection (7), the Lieutenant Governor in Council may authorize the guaranteeing of the repayment of the whole or any part of the moneys so borrowed, in such manner, and subject to such conditions, as the Lieutenant Governor in Council may prescribe.

Limitations on guarantees

212(7)      The total amount that may be guaranteed under this section shall not exceed the sum of $500,000.

Borrowing by municipality for deficiency for schools

212(8)      Where a municipality, by reason of inability to collect its taxes is unable to pay to the finance board or a school division the whole or any portion of the moneys payable by the municipality under this Act, or to repay any portion of moneys previously borrowed and guaranteed under this section, and the school board is unable to maintain the school in operation without the payment of those moneys, the municipality on the authorization of a by-law passed by the council may borrow by promissory note or by bank overdraft, repayable with interest at such rate and at such times as may be provided in the by-law, the amount of money by which the returns from the levies are deficient together with the amount so previously borrowed and guaranteed and still owing and unpaid.

Board approval

212(9)      A by-law passed under subsection (8) is subject to the approval of The Municipal Board.

S.M. 1992, c. 58, s. 27; S.M. 1996, c. 58, s. 468.

PART XI

BORROWING

Borrowing and issue of securities

213(1)      Subject to this Part, a school division may, if authorized by by-law of the school board, borrow money on the credit of the school division for capital purposes and issue debentures or other securities to secure payment of moneys so borrowed.

Approval of borrowing

213(2)      No money shall be borrowed for capital purposes or debentures or other securities issued with respect thereto by a school division unless the minister or the finance board has approved the borrowing and the by-law of the school division.

Submission of by-laws

213(3)      The secretary-treasurer of a school division shall, after the first reading and before the second reading of any by-law authorizing the school division to borrow money for capital purposes or to issue debentures or other securities to secure payment of money so borrowed or authorizing both such borrowing and issue of such debentures or other securities, submit the by-law to the finance board and request its approval thereof.

Approval of finance board

213(4)      Where the finance board is satisfied that capital support is payable under this Part and the regulations

(a) for the full amount of the capital support for which the money is to be borrowed; or

(b) for the payment in full of principal and interest on the debentures or other securities to be issued;

it may approve the borrowing and the issuing of the debentures or other securities, as the case may require.

Referral to minister

213(5)      Where the finance board is not satisfied as to the matters set out in subsection (4), it may on its own initiative, or shall at the request of the school board, refer the matter to the minister.

Action of minister

213(6)      Where a matter has been referred to the minister under subsection (5), the minister, if he is satisfied that the money is to be borrowed or the debentures or other securities are to be issued for the purposes which will enhance the standard of education in the school division, may approve the by-law or require the school board of the school division to refer the matter to a vote of the resident voters of the school division.

Vote is a vote on a question

213(6.1)    When a vote is required under subsection (6), the vote on the matter is a vote on a question under The Municipal Councils and School Boards Elections Act.

Where vote approved

213(7)      Where a by-law has been submitted to a vote of the resident voters of the school division under subsection (6), and a majority of those voting on the by-law vote in favour of the school division borrowing the money or issuing the debentures or other securities, as the case may be, the minister shall approve the by-law.

Assent of voters not required

213(8)      Except as required by subsections (6) and (7), the assent of the resident voters of a school division to a by-law passed to authorize the school division to borrow money or to issue debentures or other securities is not required.

Registerable debentures

213(9)      Debentures or other securities issued by a school division under this section may be registerable as to principal, or both principal and interest, in which case Division 4 (Investments) of Part 6 (Financial Administration) of The Municipal Act applies, with such modifications as the circumstances require.

S.M. 1991-92, c. 20, s. 37; S.M. 1996, c. 58, s. 468; S.M. 2005, c. 27, s. 162.

Sales of securities through finance board

214         All debentures and other securities issued by a school division shall be sold or otherwise put on the market through the finance board.

Provisions as to money by-laws

215         The minister shall, on request, advise any school board of a school division desiring to borrow money as to the procedure to be followed, but the following provisions shall be observed:

(a) The loan required by a school division may be for any term not exceeding 30 years and nine months.

(b) The principal of every loan shall be made payable by annual instalments but the first instalment may be made payable at any time within 21 months from the date of the debentures.

(c) The by-law may provide that the loan shall be repayable by equal or approximately equal annual instalments of both principal and interest in a manner to equalize the payments of both principal and interest during all the years for which the loan is to run.

(d) The by-law may reserve to the school division the right to redeem the debentures, in whole or in part, in advance of the maturity date thereof, upon such terms and conditions as provided in the by-law.

Amendment of by-law

216         Where, pursuant to subsections 213(6) and (7), the voters of a school division have assented to a by-law for the borrowing of money by the issue of debentures the school board may amend the by-law as it deems expedient; but

(a) the total amount to be borrowed;

(b) the rate of interest thereon; and

(c) the term for which the debentures are to run;

shall not be increased.

S.M. 2005, c. 27, s. 162.

Issues of debentures

217(1)      Subject to section 74, a school division that has obtained the assent of the voters as herein required to an issue of debentures, may issue debentures accordingly to secure repayment of money so borrowed as to both principal and interest.

Form of debentures

217(2)      Each debenture shall bear in writing or printing the words "Issued under The Public Schools Act" and shall otherwise be in such form as the minister approves.

Signature

217(3)      Subject to subsection (5), the debentures shall be signed by the secretary-treasurer of the school division and counter-signed by at least one trustee.

Coupons

217(4)      Subject to subsection (5), the coupons, if any, attached to the debentures, shall be signed by the secretary-treasurer only or, if the by-law so provides, the signature of the secretary-treasurer on coupons may be lithographed.

Debentures issued by official trustee

217(5)      Where debentures are issued by an official trustee or trustees, the debentures shall be signed by the official trustee, or if more than one, signed by one official trustee and counter-signed by another; but the coupons, if any, need be signed by one official trustee only.

S.M. 2005, c. 27, s. 162.

Incontestability

218         Where debentures are duly signed and sealed as required under this Part, the legality of their issue is thereby conclusively established and their validity shall not be questioned in any court in the province and they are a charge against all the revenues of the school division issuing them, both for principal and interest, and are, to the extent of those revenues a good and indefeasible security in the hands of any bona fide holder thereof.

Borrowing money in anticipation of sale of debentures

219         Subject to the approval of the minister or The Public Schools Finance Board, a school board of a school division may, by by-law and upon the promissory note of the school division or by overdraft, borrow money in anticipation of the sale of debentures to meet expenditures on capital account; but the sum so borrowed shall not exceed the amount of any unsold debentures the issue of which has been duly authorized hereunder, and the school board may pledge any unsold debentures as security for any such loan and may afterwards sell all such debentures as if they had not been pledged.

Borrowing money for current purposes

220         At any time in any year before the moneys payable to a school division by a municipality, the finance board or the minister have been paid, the school division may by by-law borrow moneys from any person upon its credit and give its promissory note therefor as for moneys previously borrowed in such an amount as is permitted under section 221 and it may renew the note from time to time, or may borrow money by means of an overdraft on the account of the school division on any bank or credit union doing business in the province; and it is not necessary to have the assent of the minister to such a loan.

Maximum debt

221         Where money is borrowed by means of an overdraft or upon a promissory note as provided in section 220, the amount of the resulting indebtedness of the school division to the person, bank or credit union shall not at any time exceed

(a) the amount of the estimate of the approved expenses of the school division for the current year; or

(b) if that estimate has not been made, the amount of the estimate of the approved expenses of the school division for the last preceding year;

reduced in each case by the amount already received by the school division on account of those approved expenses for the current year.

By-law for borrowing

222         The moneys shall only be borrowed, or note given, upon a by-law of the school board of a school division which shall recite the amounts previously borrowed and the notes previously given therefor and any sums paid thereon; but any error or omission in reciting those sums or notes does not invalidate the by-law as against a bona fide lender or payee or holder for value of any such note, who does not have notice of the error or omission.

Where a school division under official trustee

223         Where a school division is under an official trustee, loans for current expenses made under section 222 are not valid unless first approved by the minister or deputy minister.

PART XII

PROHIBITIONS AND PENALTIES

Making false reports an offence

224         Every trustee who signs a report, record or statement knowing it to be false, and every employee who keeps or signs a false report, record or statement knowing it to be false, with a view to obtaining for the school division or school district a larger amount of money than that to which it is entitled, is guilty of an offence and liable, on summary conviction, to a fine of not more than $100.

Personal liability of trustees

225         Where a school board neglects or refuses to exercise its corporate powers for the fulfilment of any contract or other agreement made by the school board, each member of the school board is personally liable to every person who suffers loss or damage by reason of the neglect or refusal for the loss or damage suffered.

Penalty

226         Every person who neglects, refuses or fails to comply with subsection 54(2) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. or to imprisonment for a term not exceeding one month or to both.

227         Repealed.

S.M. 2004, c. 15, s. 19.

Field representative not to be trustee

228(1)      Subject to subsection (2), no field representative shall be a trustee.

Field representative may be official trustee

228(2)      A field representative may be appointed as an official trustee.

Penalty

229         No grant shall be paid to any school division or school district that fails to comply with the requirements of this Act and the regulations with respect to the providing and setting up of a flag pole.

Acting as agent forbidden

230(1)      No member of the staff of the department shall act as agent for any person in the sale, or in promoting the sale of anything for use in a school or receive any remuneration or other compensation for the sale or for the promotion thereof.

Acting as agent forbidden

230(2)      No employee of a school board shall act as agent for any person in promoting the sale of anything for use in a school in the school division or school district in which the employee is employed, or receive any remuneration or other compensation for the sale or any promotion thereof.

S.M. 1989-90, c. 49, s. 16.

Selling goods, etc. prohibited without approval

231(1)      No person shall canvass or sell or offer to sell goods, services or merchandise to a teacher or a pupil on school premises without the prior approval of the school board or a designate of the school board.

Disturbances prohibited

231(2)      No person shall

(a) disturb or interrupt a school, a class in a school, or an activity of a school by his or her actions on school premises or in close proximity to school premises; or

(b) trespass on school premises.

Direction to leave school premises

231(3)      A principal or a person authorized by the school board may direct any person to leave school premises who

(a) causes a disturbance or interruption of a kind described in clause (2)(a);

(b) trespasses on school premises; or

(c) is present on school premises for a purpose not reasonably associated with the normal functioning of the school.

Person required to leave

231(4)      A person who is directed to leave school premises under subsection (3)

(a) shall immediately leave the premises; and

(b) if the person has been given an oral or written notice to that effect by the principal or person authorized by the school board, shall not enter on school premises again except with the prior approval of the principal or authorized person.

Assistance from a peace officer

231(5)      The principal or a person authorized by the school board may, in order to maintain order on school premises or to enforce a notice given under clause (4)(b), require adequate assistance from a peace officer.

Offence

231(6)      A person who contravenes this section is guilty of an offence and is liable on summary conviction,

(a) in the case of an offence under subsection (1), to a fine of not more than $1,000.; and

(b) in the case of an offence under subsection (2) or (4), to a fine of not more than $5,000.

Court order relating to offence

231(7)      When a person is convicted of an offence under subsection (2) or (4), the court may, in  addition to imposing a fine, make an order having one or both of the following effects:

(a) prohibiting the person from entering or being on the school premises in respect of which the offence was committed;

(b) requiring the person to comply with any conditions the court considers appropriate in the circumstances for securing the person's good conduct and for preventing the person from repeating the same offence or committing other offences.

S.M. 1995, c. 10, s. 2.

Exclusion of pupils for infectious diseases

232(1)      No person suffering from a contagious or infectious disease, or who is affected with vermin, or who resides in a house in which any contagious or infectious disease or vermin exists, is entitled to attend or enter a public school during the existence of the contagious or infectious disease or vermin or at any time thereafter, until he presents to the principal of the school a certificate of a duly qualified medical practitioner that there is no longer any danger to the other pupils of the school of contagion or infection or of being affected with vermin.

Action of school board in absence of physician

232(2)      Notwithstanding subsection (1), the school board may, in the absence of any duly qualified medical practitioner, admit any person who is not entitled to enter the school under that subsection without such a certificate if it is satisfied that there is no danger of contagion or infection by reason of the admission of that person.

Penalty of contravening section 232

233         Any person who enters a public school or a parent or guardian of a child who knowingly sends a child to a public school in contravention of section 232, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50.

Penalty for failure to secure proper treatment

234         A parent or guardian whose child is not entitled to enter a school because of contagious or infectious disease or vermin as provided in section 232, and who refuses or neglects to have proper treatment, medical or otherwise, given to the child, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50.

Penalty for failure to have child examined

235         A parent or guardian whose child is suspected of having a contagious or infectious disease and has been excluded from school for that reason, and who refuses to have his child examined by a duly qualified medical practitioner when facilities for such an examination are provided is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50.

Prohibition regarding offensive weapons

236(1)      Unless authorized by a school board, it is an offence to carry to school an offensive weapon as defined in the Criminal Code.

Penalty for offensive weapon

236(2)      Where a pupil commits an offence, under subsection (1), the pupil, if he is of the age of majority, or his parent or guardian if he is under the age of majority, is liable, on summary conviction, to a fine of not less than $10. and not more than $100.

Penalty additional

236(3)      The penalty for which provision is made in this section is in addition to any other penalties or punishments under any other Act in force in the province.

Penalty for violation of the Act

237         Every person who contravenes, or who omits, fails, neglects or refuses to comply with any provision of this Act or the regulations is guilty of an offence, and if no penalty is specifically provided therefor, is liable, on summary conviction, to a fine of not less than $10. and not more than $200. and, in default of immediate payment thereof, to imprisonment for not more than six months.

Giving false information offence and penalty

238         Every person who, without lawful excuse, refuses or neglects to furnish the information required of him under section 241 or under any other provision of this Act, or wilfully gives false information, or practises any deception with respect to information required of him under this Act, or violates subsection 241(2), is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. and, in default of payment thereof, to imprisonment for a term not exceeding three months.

PART XIII

SPECIAL PROCEEDINGS

ADMINISTRATION OF SCHOOLS IN UNORGANIZED TERRITORY

Voters list in unorganized territory

239(1)      Before the date specified by the minister, a person designated by the minister must compile a voters list for any school division or school district in unorganized territory.

Preparation of list

239(2)      The voters list must be compiled in accordance with The Municipal Councils and School Boards Elections Act as if the unorganized territory were in a local authority, and for that purpose the person designated by the minister has all the powers and duties of a senior election official under that Act.

Continuing use of list

239(3)      A voters list prepared under this section continues to be the voters list for the school division or school district in unorganized territory until a subsequent list is prepared.

S.M. 2005, c. 27, s. 162.

240         Repealed.

S.M. 2005, c. 27, s. 162.

CENSUS

Census of school children

241(1)       A school board, or the minister, where he considers it necessary, may take a census or make an enumeration of the children resident in the school division or school district or any portion thereof; and, for those purposes, the school board, or the minister, as the case may be, may

(a) prescribe a form for the purpose of compiling such information as may be required; and

(b) appoint such officers as are necessary in order to complete the census.

Restriction of taking of census

241(2)      Unless authorized by this Act, no person shall take, or represent that he is taking a census, or make, or represent that he is making a census or an enumeration of the children in any school division or school district or any portion thereof.

Verification of information

241(3)      Every officer appointed under subsection (1) shall certify that the information which has been procured by him under this section is correct to the best of his knowledge and belief, and shall deliver it to the school board or the minister, as the case may be.

Information to be given to officers

242         Every person having the charge, custody or control of any child shall give to the officers appointed for the purpose mentioned under section 241 such information regarding the child as may be required under that section.

COMMISSION OF INQUIRY

Appointment of commission to hold inquiry

243(1)      Where the minister deems it necessary, he may appoint a commission to hold an inquiry and report to him on any school matter.

Taking of evidence

243(2)      Every person appointed under subsection (1) may for the purpose of the inquiry, take evidence from witnesses under oath or solemn affirmation.

Remuneration

243(3)      A person appointed under subsection (1), shall receive such remuneration as the minister deems to be reasonable.

Payment of costs

243(4)      When an inquiry is made the cost of the inquiry and the report shall be paid as the commission directs.

Compelling attendance of witnesses

244(1)      In any inquiry that the minister is by law authorized to institute, make or direct, a writ of subpoena ad testificandum or subpoena duces tecum may issue from the Court of Queen's Bench, upon the praecipe of the minister therefor, containing the names of the witnesses intended to be summoned thereby; and any such writ shall be directed to such a person as the minister may designate, requiring him to attend and give evidence under oath at such time and place, and before such person as the minister may appoint.

Penalty for default by person summoned

244(2)      Any person who refuses or fails to obey any such subpoena is guilty of an offence and is punishable as in the like case in any action or cause in the Court of Queen's Bench.

S.M. 2010, c. 21, s. 5.

ARBITRATIONS

Appointment of arbitrator to decide issues

245(1)      Where two or more school boards fail to reach an agreement upon any matter affecting them if, in the opinion of the minister, it is desirable in the interest of the school boards that the issue should be decided, the minister may appoint an arbitrator to decide such matters as he may submit to the arbitrator; and the award of the arbitrator is final and binding upon the school boards concerned.

Appointment of secretary

245(2)      The minister may appoint a person to act as secretary to the arbitrator appointed under subsection (1).

Compensation of arbitrator

245(3)      The person appointed arbitrator under subsection (1) and the person appointed secretary under subsection (2) while engaged in carrying out the duties under this section shall be paid such remuneration and out-of-pocket expenses as may be approved by order of the Lieutenant Governor in Council.

Liability for costs

245(4)      In making an award an arbitrator shall determine the liabilities of the parties concerned with respect to the costs of the arbitration; and the determination is final and conclusive.

Validity of proceedings

246         Notwithstanding this Act or any other Act of the Legislature, and notwithstanding the insufficiency or uncertainly of, or any error, omission or defect in, any arbitration proceedings, or the submission thereto, or the award thereunder, or any of them taken, had, or made, under this Act, or any other Act of the Legislature for which this Act was substituted, before or after the coming into force of this Act, the proceedings, the submission and the award are

(a) on the making of the award; or

(b) if there is a right of appeal from the award, on expiration of the time for the appeal or on the final disposition of the appeal;

valid and binding, and the proceedings, the submission and the award and each of them, shall not be questioned in any action, suit or proceeding, in any court on account of the insufficiency, error, omission, defect or uncertainty thereof.

FAILURE TO ACCOUNT

Application to court for documents, etc.

247(1)      Where

(a) the secretary-treasurer of a school division or school district; or

(b) a person who has been a secretary-treasurer of a school division or school district; or

(c) any other person;

has in his custody or possession any books, papers, accounts, documents, chattels or moneys of the school division or school district, as the case may be, and he wrongfully withholds or neglects or refuses to deliver up or account for or pay over the books, papers, accounts, documents, chattels or moneys, as required by this Act

(d) a majority of the trustees of the school board; or

(e) any two voters of the school division or school district; or

(f) the minister; or

(g) any person designated by the minister;

may apply to a judge of the Court of Queen's Bench for an order for the purpose.

Application to be supported by affidavit

247(2)      An application under subsection (1) shall be supported by an affidavit of the applicant setting out, among other things, that the applicant knows or has reason to believe that the person who refuses to comply with subsection (1) has in his custody or possession any books, papers, accounts, documents, chattels or moneys, as the case may be, and that he wrongfully withholds or neglects or refuses to deliver them up to the school division or school district as required by this Act.

Hearing may be held ex parte

247(3)      On the date, time and place fixed to hear the application, the judge, if he is satisfied that the respondent was duly served with a copy of the application, supporting affidavit and appointment for the hearing of the application, shall proceed to hear and determine the application, notwithstanding that the respondent is not present at the hearing.

S.M. 2005, c. 27, s. 162.

Issuing of order by judge

248(1)      If the judge, after the completion of the hearing is satisfied that the applicant's case is supported by the evidence heard by him, he shall issue an order requiring the respondent to deliver up the books, papers, accounts, documents, chattels or moneys, as the case may be, to the school board concerned and may in the case of moneys require the respondent to account therefor and may order the respondent to pay the costs of the hearing.

Other remedies not affected

248(2)      The taking of proceedings under section 247 and subsection (1) does not impair or affect any other remedy that the school board may have against the secretary-treasurer of the school division or school district, or other person who has been the secretary-treasurer, or his sureties, or against any trustee or other person as aforesaid.

Powers of field representative

249         For the purpose of investigating a complaint or inquiry into an appeal under this Act, the field representative has like powers and protection as are conferred upon a commissioner appointed under Part V of The Manitoba Evidence Act.

Appeal from field representative's finding

250(1)      Any voter of a school division or school district may appeal as provided in this section from the finding or award of a field representative to a judge of the Court of Queen's Bench.

Time of appeal

250(2)      The appeal shall be made within a period of 14 days from the date of the issuing of the finding or award unless a judge of the court on application either before or after the expiration of the period, extends it for such further period as he deems just; but the total period for making an appeal as extended shall not exceed 60 days from the date of the issuing of the finding or award.

Grounds of appeal

250(3)      The appeal shall set out the grounds of appeal.

Service of notice

250(4)      The notice of appeal together with an appointment from the judge shall be served upon the field representative, the secretary-treasurer of the school division or school district and, unless he is the appellant, the complainant and any other party affected by the award at least 14 days prior to the date fixed for the hearing of the appeal, and a copy of the notice and the appointment shall be sent to the minister.

Hearing de novo

250(5)      The appeal shall be a hearing de novo.

Costs

250(6)      In determining an appeal under this section, the judge shall fix and settle the costs thereof and may direct by whom they shall be paid.

S.M. 2005, c. 27, s. 162.

251 to 257  Repealed.

S.M. 2002, c. 8, s. 20.

PART XIV

SCHOOL ATTENDANCE

Definitions

258(1)      In this Part

"child" means an individual of compulsory school age; (« enfant »)

"compulsory school age" means, subject to subsection (2), over the age of seven years and under the age of 16 years; (« âge scolaire obligatoire »)

"court" means, where not otherwise defined, any provincial judge or justice of the peace sitting for the hearing of cases under this Part. (« tribunal »)

Compulsory school age

258(2)      A child who is seven years of age or older on December 31 in a year is deemed to be of compulsory school age at the beginning of the fall term of that year.

S.M. 1997, c. 27, s. 6; S.M. 2005, c. 8, s. 11.

Right to attend school

259(1)      In accordance with this Act, a person who

is six years of age or older on December 31 in a year has the right to attend school from the beginning of the fall term of that year until

(a) the last school day of June in the year in which the person becomes 21 years of age; or

(b) the day the person receives a graduation diploma or certificate of completion, as defined in the regulations;

whichever comes first.

Regulations

259(2)      The minister may make regulations defining "graduation diploma" and "certificate of completion" for the purpose of clause (1)(b).

S.M. 1997, c. 27, s. 7; S.M. 2010, c. 21, s. 6.

Responsibility to send child to school

260(1)      Every parent of a child of compulsory school age and every person who has or receives a child of compulsory school age in his house, whether that child is his own or that of any other person and the child is resident with and in the care and custody of the parent or person, as the case may be, shall ensure that the child attends school, unless specifically excused in writing by the minister, in accordance with the provisions of this Act and the regulations.

Offence

260(2)      Any person who fails or refuses to comply with subsection (1) is guilty of an offence.

Pupils over 16 years of age

260(3)      Notwithstanding that a pupil is over compulsory school age, he is subject to the rules of the school board in matters pertaining to school attendance.

260(4)      Repealed, S.M. 1999, c. 14, s. 4.

S.M. 1999, c. 14, s. 4.

Notification to the minister

260.1(1)    The parent or guardian of a child who is a pupil in a home school shall, in the prescribed form, notify the minister of the establishment of the home school.

When notification to take place

260.1(2)    The parent or guardian shall, in the prescribed form, notify the minister about the home school when it is first established and on or before September 1 in each year.

Information to be provided to minister

260.1(3)    Within 30 days after a home school is first established and on or before September 1 in each year, the parent or guardian shall provide the minister with the following information:

(a) the name and birth date of each pupil in the school;

(b) the name of the school or school division each pupil would otherwise attend; and

(c) an outline of the education program and grade level for each pupil.

Periodic progress reports

260.1(4)    The parent or guardian shall provide the minister with periodic progress reports on each pupil in the home school. The reports must contain the information and be provided according to a schedule determined by the minister.

S.M. 2000, c. 15, s. 4.

261(1)      Repealed, S.M. 1999, c. 14, s. 5.

Exclusion from school

261(2)      A school board shall, upon being notified that an order has been made under The Public Health Act that requires a pupil who attends school in the school division or school district the board administers to refrain from attending school, promptly exclude the pupil from attendance at the school, and shall not permit the pupil to resume attendance at that or any other school in the school division or school district while the order is in effect.

S.M. 1999, c. 14, s. 5; S.M. 2006, c. 14, s. 115.

Exemption from liability

262         No person is liable to any of the penalties set out in this Act for failing or refusing to send his child to school as required under section 260 where

(a) the child is in regular attendance at a private school, as defined in The Education Administration Act; or

(b) the field representative certifies that in his opinion the child is currently receiving a standard of education at home or elsewhere equivalent to that provided in a public school; or

(c) the child is unable to attend school by reason of sickness or other unavoidable cause or is excluded from attendance under subsection 261(2); or

(d) the child is absent from school on any day regarded as a holy day by the church or religious denomination with which the child is affiliated; or

(e) the child has attained the full age of 15 years and has obtained a certificate excusing his attendance at school signed by

(i) his parent or guardian or other person having legal charge or control of him,

(ii) the school attendance officer, and

(iii) the superintendent of schools for the school division or school district in which the child resides or, if there is no such officer, the field representative.

Employment of children prohibited

263(1)      Subject to any other provisions of this Act or any other Act of the Legislature, no employer as defined under The Employment Standards Code shall employ an individual during those hours in which the individual is required to be in attendance at a school.

Offence

263(2)      Any employer who violates subsection (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding $500.

S.M. 2001, c. 43, s. 24.

Designation of school attendance officers

264(1)      Every school board shall appoint one or more school attendance officers or shall designate one or more of its employees as school attendance officers for the purpose of carrying out the provisions of this Part.

Jurisdiction of school attendance officer

264(2)      For the purposes of this Part, every school attendance officer has jurisdiction over each child who is a resident of or a pupil in the area for which the school attendance officer is appointed or designated, and over all other children within that area.

School board shall make rules

264(3)      A school board shall make such rules as it considers necessary and expedient but not inconsistent with the provisions of this Act or the regulations, to direct and assist the school attendance officer in performing his duties and carrying out the provisions of this Part.

Powers of field representative

265         A field representative has all the powers of a school attendance officer.

Teacher to report absence

266(1)       Where a child is absent from school contrary to the provisions of this Act, the teacher or the employee recording school attendance, shall in writing, report the matter including the name of the child to the principal of the school.

Principal to report absence

266(2)      Where a principal receives a report in accordance with subsection (1) and the principal is satisfied that the child is in fact absent as reported, the principal shall in writing or by telephone followed by a written report, advise the local school attendance officer of the absence and the name and address of the child.

Private schools to report absence

266(3)      Where a child who is enrolled at or is attending a private school is absent from that school contrary to the provisions of this Act and the principal of the school is satisfied that the child is so absent, he shall immediately in writing report the matter together with the name and address of the child to the appropriate school attendance officer.

Right to enter

267(1)      A school attendance officer for the purpose of carrying out the provisions of this Part has the power without warrant, to enter any place of public entertainment or amusement, factory, workshop, store or any other place where children may be employed or any other place where children may congregate.

Authority to conduct absent child to school

267(2)      Where pursuant to subsection (1) a school attendance officer enters any place mentioned in that subsection and finds in that place an individual who should be in attendace at school as required by this Act but who has been reported as being absent from school contrary to the provisions of this Act, the school attendance officer, as he deems advisable, may take and conduct that individual to the school in which he is enrolled or to the home of the individual.

Notice to parents

268(1)      Where a school attendance officer is in receipt of a report and upon investigation finds that the child is in fact unlawfully absent, he may serve the person having control or charge of the child with a notice in writing in the form set out in Schedule A.

Manner of giving notice

268(2)      The notice mentioned in subsection (1) may be served

(a) by delivering it to the person to whom it is to be given; or

(b) in the case of a corporation, society or organization, by delivering it or a copy thereof to any agent or officer of the corporation, society or organization; or

(c) by mailing it by prepaid registered mail or certified mail to any of the persons mentioned in clauses (a) and (b) to whom it is to be given, at his last known address.

Compliance with notice

268(3)      Any person who fails, refuses or neglects to comply with the terms and directions of a notice served upon him pursuant to this section is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500. or such other penalty as the court may deem proper.

Bond

268(4)      Notwithstanding subsection (3) the court may in its discretion require the person convicted to give a bond in the penal sum of $500. with one or more sureties to be approved by the court, and on the condition that the person convicted complies with the terms and directions of the notice.

Access to records

269         Every school attendance officer appointed under the authority of this Act has the right of access to the records of every school board, every private school and every municipal council for the purpose of procuring the names, ages and addresses of all children and all such other information as may be required for the carrying out of the provisions of this Part.

Furnishing of information

270         Every individual who is requested by a school attendance officer to provide or furnish such information as may be required by the school attendance officer to assist him in carrying out the provisions of this Part, the regulations and the rules made by a school board, shall forthwith provide or furnish the information so requested unless he has a reasonable excuse not to do so.

Prosecutions before provincial judge

271         All prosecutions under this Act may be brought and heard before any provincial judge and, except where otherwise provided by this Act, the procedure shall be governed by The Summary Convictions Act.

Effect of minister's certificate

272(1)      In a prosecution under this Act a certificate in the form as set out in Schedule B or to the like effect over the signature of the minister is conclusive proof of all matters stated therein without proof of the signature of the minister.

Effect of certificate by employee

272(2)      In any prosecution under this Act a certificate in the form as set out in Schedule C or to the like effect, purporting to be signed by an employee in any school or private school, is prima facie evidence of all matters stated therein without proof of the signature or the qualification of the employee by whom the certificate was made.

Proceedings instituted by school attendance officer

273         School attendance officers appointed under this Act may institute, or cause to be instituted, proceedings against any person having control or charge of any child, or against any individual who violates any provision of this Part.

Appeal

274         Any person aggrieved by any order, decision or direction of a field representative, under this Part, may appeal therefrom to the minister and the minister may confirm, modify or reverse the order, decision or direction, in whole or in part and the decision of the minister upon the appeal is final.

No quashing of order or conviction for want of form

275         A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be quashed for want of form.

Regulations

276         For the purpose of carrying out the provisions of this Part according to their intent, the minister may make such regulations as are ancillary thereto and are not inconsistent therewith, and every regulation made under and in accordance with the authority granted by this section has the force of law.

277 and 278    Repealed.

S.M. 1996, c. 71, s. 31.

Commencement

279         Clause 41(1)(q) and sections 277 and 278 come into force on a day fixed by proclamation.

S.M. 1988-89, c. 11, s. 18.

File 1: s. 1 to 58 (Parts 1 to 3)
File 2: s. 58.1 to 279 (Parts 3.1 to 14)

 

 
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