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C.C.S.M. c. P250
The Public Schools Act
| Table of Contents | Regulations |
| Sections: 1 - 41(5) | 41(6) - 170 | 171 - 270 | |
PART IX
GRANTS AND LEVIES EDUCATION SUPPORT PROGRAM
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.
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.
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.
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.
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.
174.1(3) A regulation under subsection (2) may set different limits for different school divisions and school districts.
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.
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.
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.
177(1) Repealed, S.M. 1989-90, c. 24, s. 91.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
200 A school division may, with the approval of the finance board, establish reserves.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
240 Repealed.
CENSUS
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.
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.
243(2) Every person appointed under subsection (1) may for the purpose of the inquiry, take evidence from witnesses under oath or solemn affirmation.
243(3) A person appointed under subsection (1), shall receive such remuneration as the minister deems to be reasonable.
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 of 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.
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.
245(2) The minister may appoint a person to act as secretary to the arbitrator appointed under subsection (1).
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.
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.
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.
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.
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.
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.
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.
250(3) The appeal shall set out the grounds of appeal.
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.
250(5) The appeal shall be a hearing de novo.
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.
251 to 257 Repealed.
PART XIV
SCHOOL ATTENDANCE
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 »)
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.
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 as defined in the regulations;
whichever comes first.
259(2) The minister may make regulations defining "graduation diploma" for the purpose of clause (1)(b).
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.
260(2) Any person who fails or refuses to comply with subsection (1) is guilty of an offence.
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.
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.
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.
261(1) Repealed, S.M. 1999, c. 14, s. 5.
Exclusion of contacts from school
261(2) Where a regulation under The Public Health Act prescribes quarantine for pupils who are contacts as defined in the regulation with respect to a specified disease, a school board, upon being informed that a pupil in a school within the school division or school district under its administration, is a contact as so defined with respect to that disease shall forthwith exclude the pupil from attendance at the school and shall not permit the pupil to resume his attendance at the school or to attend any other school within the school division or school district until the pupil or the parent or guardian of the pupil presents to the principal of the school the certificate of a duly qualified medical practitioner or a registered nurse certifying that the pupil
(a) is immune to that disease; or
(b) has had that disease; or
(c) has been immunized against that disease; or
(d) has passed the incubation period specified in the regulation for that disease, without contracting the disease.
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.
263(2) Any employer who violates subsection (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding $500.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
| Sections: 1 - 41(5) | 41(6) - 170 | 171 - 270 | |
