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The Public Schools Act

C.C.S.M. c. P250

The Public Schools Act

PART III.1
PARENTS AND PUPILS
ACCESS TO SCHOOLS AND PROGRAMS
58.1 Definition of "parent"
58.2 Program information etc.
58.3 Pupil enrolment
58.4 (1) Enrolment by school
(2) Priorities
58.5 Regulations
RIGHTS AND RESPONSIBILITIES OF PARENTS AND PUPILS
58.6 Rights of parents
58.7 Responsibilities of parents
58.8 Responsibility for damage
58.9 (1) Right to enrol in programs
(2) Rights of pupils
(3) Board may meet in camera re expulsion
58.10 Responsibilities of pupils
PART IV
AGREEMENTS WITH PRIVATE SCHOOLS
59 Private school
60 (1) Agreement for transportation
(2) Agreement for other services
(3) Term of agreement
(4) Grants for transportation
(4.1) Grants for facilities and resources
(5) Grants to private schools
PART V
SCHOOL SITES, BUILDINGS AND OTHER PROPERTY
SCHOOL SITES
61 Selection of school site
62 (1) Purchase and expropriation
(2) Finance board's approval required to purchase land
63 Payment of encumbrance out of purchase money
64 (1) Deposit of money with Minister of Finance
(2) Filing of receipt of Minister of Finance in L. T. O.
(3) Disbursement of moneys paid in
65 (1) By-law for expropriation
(2) Contents of by-law
(3) Approval required
66 Exemption — building restrictions and development schemes
67 Sale of school site or other property
68 Disposal of mines and minerals
68.1
68.2 (1) Notice of intention to dispose of land
(2) Public notice
PEDESTRIAN SAFETY
68.3 (1) Pedestrian safety part of school design
(2) Consultation with traffic engineers
68.4 (1) Notice to traffic authority
(2) Pedestrian and traffic safety analysis required
(3) Considerations
(4) Notice of recommendations
(5) Timeline to implement changes
(6) Application to Highway Traffic Board
68.5 (1) Temporary safety measures
(2) Duration of temporary safety measures
BUILDINGS AND OTHER PROPERTY
69 Powers of school board respecting school property
70 (1) Purchasing procedures
(2) Regulations re tender limit
71 Ownership of personal property
72 (1) Duties of school board respecting custody of school property
(2) Repair and rental of buildings
73 Use of school properties
73.1 (1) Agreements re internet services
(2) Public partners to be given priority
(3) Regulations
74 (1) Approval to acquire property
(2) Regulations
PART VI
CONDUCT OF SCHOOLS
75 Tuition fees
76 Regulations respecting school year, vacations and school hours
77 Application of regulations
78 (1) Holidays
(2) Where holiday falls on Sunday
(3) Teaching on Saturdays
(4) Outdoor education and work education
LANGUAGES OF INSTRUCTION
79 (1) English and French as languages of instruction
(2) Use of other languages
(3) Use of English or French as language of instruction
(4) Minister's discretion for fewer pupils
(4.1) Francophone school division
(5) Language of administration
(6) English as subject of instruction
(7) Agreements by boards
(8) Establishment of Languages of Instruction Advisory Committee
(9) Composition of Languages of Instruction Advisory Committee
(10) Regulations
INSTRUCTION IN RELIGION
80 (1) Authorization for instruction in religion
(2) Petition for instruction in religion
81 Hours of instruction in religion
82 Non-participation in instruction in religion
83 Regulations
RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES
84 (1) Schools to be non-sectarian
(2) Conduct of religious exercises
(3) Time for religious exercises
(4) Attendance not compulsory
(5) Religious exercises required
(6) Cancellation of religious exercises
(7) Effective period of cancellation
(8) Petition for religious exercises
85 Patriotic observances
85.1 (1) Remembrance Day exercise
(2) Form of exercise
ACCIDENTS
86 Exemption from liability in certain cases
87 Defective apparatus
88 Exemption from liability for accidents in work education programs
89 No action lies arising out of school patrol
90 Permitting participation in sports not of itself negligence
PART VII
TEACHERS
91 (1) Certified teachers and principals
(2) Pupils in care of teacher aides
92 (1) Teachers' agreements
(1.1) Ministerial regulations
(1.2) Agreements may have prescribed differences
(2) Delivery of agreement to teacher
(3) Hearing by school board before dismissal of a teacher
(4) Action on termination of agreement
(5) Accumulated teaching service
(6) Right of teacher to recover salary
(7) Penalties for breach of agreements
92.1 Access to personnel records
93 (1) Accumulation of sick leave
(2) Maximum sick leave in any year
(3) Maximum sick leave
(4) Effective sick leave on service
(5) Salary during sick leave
(6) Payment for sick leave under collective agreement
(7) Continuance of prior entitlement
94 Certificate of physician
95 (1) Power of trustees to extend sick leave
(2) Sick leave negotiable
(3) Labour Relations Act applies
(4) Validation of old provisions re sick leave
(5) Continuance of sick leave provisions in collective agreements
96 (1) Duties of teacher
(2) Form and content of reports
PART VIII
ARBITRATION OF COLLECTIVE BARGAINING DISPUTES
INTRODUCTORY PROVISIONS
97 (1) Definitions
(2) Words and expressions in Labour Relations Act
98 (1) Labour Relations Act applies
(2) School principals are employees under Labour Relations Act
99 Part does not apply to the Crown
ARBITRATION PROCEEDINGS
100 When arbitration may be initiated
101 Terms and conditions of agreement continue in effect
102 (1) Provision for final settlement of disputes in bargaining
(2) When Labour Relations Act applies
103 Deemed final settlement provision
104 Repealed
ARBITRATION AWARD
105 (1) Time limit for award — single arbitrator
(2)
(3) Content of award
(4) Reasons
(5) Decision given to the Labour Board and the minister
106 Award binding
107 Clarification of award
108 Collective agreement following award
109 Collective agreement binding
STRIKES AND LOCKOUTS PROHIBITED
110 (1) Strike by teachers prohibited
(2) Strike authorization by bargaining agent prohibited
110.1 and 110.2 Repealed
111 Lockout by school board prohibited
112 (1) Penalty for illegal lockout — school board
(2) Penalty for illegal lockout — person
(3) Penalty for illegal strike — bargaining agent
(4) Penalty for illegal strike — officers
(5) Continuing offence
113 to 170 Repealed
PART IX
GRANTS AND LEVIES EDUCATION SUPPORT PROGRAM
171 Definitions
172 Application of Part in L.G.D.'s and special localities
173 (1) Administration of support programs
(1.1) Provision of financial support
(1.2) Review of operational support program
(2) Deduction from financial support
(3) Condition of support
(4) Finance board not bound by estimate
(5) Special reductions in support
(6) Content of capital support program
(7) Capital support for early learning and child care
173.1 (1) Reports, etc. from school divisions
(2) Withholding of grants
174 (1) Authority for disposal of land
(2) Repealed
174.1 (1) Definition: "administrative costs"
(2) Control of administrative costs
(3) Limits may be different
(4) Withholding of support
175 (1) Regulations
(2) Regulations by minister
176 Repealed
177 (1) Repealed
(2) Data for finance board
178 (1) Budget consultations
(1.1) Notice of meeting
(2) Budget submitted to minister
179 (1) Review of operational estimates
(1.1) Review of capital estimates
(2) Referral for reconsideration
180 Estimate of finance board requirements
181 (1) Minister to notify board of contribution from Consolidated Fund
(2) and (3) Repealed
182 Amount to be raised by municipality
183 Statement to municipalities
184 Council to impose education support levy
185 (1) Remittance of education support levy
(2) Interest charges
186 (1) Notice to school divisions by minister
(1.1) Notice of capital support by finance board
(1.2) Notice of assessment by finance board
(2) Apportionment of additional revenues
(3) Apportionment of additional revenues in amalgamated division by differential mill rates
(4) Three year limit for differential mill rates
(5) Common mill rate
(6) Maximum differential mill rate
187 Statement to municipalities
188 Special levy in municipalities
189 Remittance of allowance to school division
190 Interest charges
190.1 Transfer of special levy to francophone school division
VARIATION OF APPORTIONMENT
191 (1) Appeal of division apportionment
(2) Hearing of appeal
(3) Discretion of municipal board on appeal
(4) Time for appeal
(5) Effect of variations by municipal board
(6) Correction of calculation by finance board
192 Repealed
PART X
OTHER FINANCIAL PROVISIONS
193 Regulations
194 Regulations
195 Payment of grants
196 Grants to educational organizations
196.1 Repealed
197 Special grants
198 Authorized closures
199 Moneys payable to school divisions a debt of municipality
200 Authority for reserves
201 (1) Definition of "securities"
(2) Investing moneys not immediately required
202 Disposition of moneys
203 Repealed
204 Repealed
205 Instruction in public institutions
206 School facilities in unorganized territory, etc.
207 Minister to have powers of trustees
208 (1) School must be conducted according to law
(2) Waiver of non-compliance
(3) Application of subsection (2)
209 and 210 Repealed
211 Children attending another school
RESPONSIBILITY FOR SCHOOL MONEYS
212 (1) Responsibility for default of treasurer
(2) Sureties for school moneys
(3) Enforcing payment of school moneys
(4) Responsibility to individuals
(5) Municipal advances for current expenses
(6) Guarantee of repayment
(7) Limitations on guarantees
(8) Borrowing by municipality for deficiency for schools
(9) Board approval
PART XI
BORROWING
213 (1) Borrowing and issue of securities
(2) Approval of borrowing
(3) Submission of by-laws
(4) Approval of finance board
(5) Referral to minister
(6) Action of minister
(6.1) Vote is a vote on a question
(7) Where vote approved
(8) Assent of voters not required
(9) Registerable debentures
214 Sales of securities through finance board
215 Provisions as to money by-laws
216 Amendment of by-law
217 (1) Issues of debentures
(2) Form of debentures
(3) Signature
(4) Coupons
(5) Debentures issued by official trustee
218 Incontestability
219 Borrowing money in anticipation of sale of debentures
220 Borrowing money for current purposes
221 Maximum debt
222 By-law for borrowing
223 Where a school division under official trustee
PART XII
PROHIBITIONS AND PENALTIES
224 Making false reports an offence
225 Personal liability of trustees
226 Penalty
227 Repealed
228 (1) Field representative not to be trustee
(2) Field representative may be official trustee
229 Penalty
230 (1) Acting as agent forbidden
(2) Acting as agent forbidden
231 (1) Selling goods, etc. prohibited without approval
(2) Disturbances prohibited
(3) Direction to leave school premises
(4) Person required to leave
(5) Assistance from a peace officer
(6) Offence
(7) Court order relating to offence
232 (1) Exclusion of pupils for infectious diseases
(2) Action of school board in absence of physician
233 Penalty of contravening section 232
234 Penalty for failure to secure proper treatment
235 Penalty for failure to have child examined
236 (1) Prohibition regarding offensive weapons
(2) Penalty for offensive weapon
(3) Penalty additional
237 Penalty for violation of the Act
238 Giving false information offence and penalty
PART XIII
SPECIAL PROCEEDINGS
ADMINISTRATION OF SCHOOLS IN UNORGANIZED TERRITORY
239 (1) Voters list in unorganized territory
(2) Preparation of list
(3) Continuing use of list
240 Repealed
CENSUS
241 (1) Census of school children
(2) Restriction of taking of census
(3) Verification of information
242 Information to be given to officers
COMMISSION OF INQUIRY
243 (1) Appointment of commission to hold inquiry
(2) Taking of evidence
(3) Remuneration
(4) Payment of costs
244 (1) Compelling attendance of witnesses
(2) Penalty for default by person summoned
ARBITRATIONS
245 (1) Appointment of arbitrator to decide issues
(2) Appointment of secretary
(3) Compensation of arbitrator
(4) Liability for costs
246 Validity of proceedings
FAILURE TO ACCOUNT
247 (1) Application to court for documents, etc.
(2) Application to be supported by affidavit
(3) Hearing may be held ex parte
248 (1) Issuing of order by judge
(2) Other remedies not affected
249 Powers of field representative
250 (1) Appeal from field representative's finding
(2) Time of appeal
(3) Grounds of appeal
(4) Service of notice
(5) Hearing de novo
(6) Costs
251 to 257 Repealed
PART XIV
SCHOOL ATTENDANCE
258 Repealed
259 (1) Right to attend school
(2) Regulations
259.1 (1) Requirement to attend school
(2) When attendance is excused
(3) Offence if 16 years of age or older
(4) Application
260 (1) Responsibility to send child to school
(2) Offence
(3) Pupils over 18 years of age
(4) Repealed
260.1 (1) Notification to the minister
(2) When notification to take place
(3) Information to be provided to minister
(4) Periodic progress reports
261 (1) Repealed
(2) Exclusion from school
262 Exemption from liability
262.1 (1) Transition: persons who have already stopped attending school
(2) If person begins attending school again
262.2 (1) Regulations: participation in alternative activities and programs
(2) Content of regulations
(3) Procedural matters
263 (1) Employment of children prohibited
(2) Offence
264 (1) Designation of school attendance officers
(2) Jurisdiction of school attendance officer
(3) School board shall make rules
265 Powers of field representative
266 (1) Teacher to report absence
(2) Principal to report absence
(3) Private schools to report absence
(4) Report to local school attendance officer
(5) Regulations: reporting absences
267 (1) Right to enter
(2) Authority to conduct absent child to school
268 (1) Notice to parents
(2) Manner of giving notice
(3) Compliance with notice
(4) Bond
269 Access to records
270 Furnishing of information
271 Prosecutions before provincial judge
272 (1) Effect of minister's certificate
(2) Effect of certificate by employee
273 Proceedings instituted by school attendance officer
274 Appeal
275 No quashing of order or conviction for want of form
276 Regulations
277 and 278 Repealed
279 Commencement