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C.C.S.M. c. P250
The Public Schools Act
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| Sections: 1 - 41(5) | 41(6) - 170 | 171 - 270 | |
WHEREAS a strong public school system is a fundamental element of a democratic society;
AND WHEREAS the purpose of the public school system is to serve the best educational interests of students;
AND WHEREAS the public school system should contribute to the development of students' talents and abilities;
AND WHEREAS public schools should contribute to the development of a fair, compassionate, healthy and prosperous society;
AND WHEREAS the public school system must take into account the diverse needs and interests of the people of Manitoba;
AND WHEREAS democratic local school divisions and districts play an important role in providing public education that is responsive to local needs and conditions;
AND WHEREAS parents have a right and a responsibility to be knowledgeable about and participate in the education of their children;
AND WHEREAS public schools require skilled and committed staff in order to be effective;
AND WHEREAS it is in the public interest to further harmonious relations between teachers and their employers through a process of collective bargaining consistent with the principle that resources must be managed efficiently and effectively;
AND WHEREAS the Province of Manitoba and school divisions and districts share responsibility for the financing of the public schools;
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1(1) In this Act,
"advisory board" means The Advisory Board established under The Education Administration Act; (« Conseil consultatif »)
"board of reference" means The Board of Reference established under this Act; (« Commission des renvois »)
"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)
"course" means a specific unit of study; (« cours »)
"department" means "department" as defined in The Education Administration Act; (« ministère »)
"family" includes a common-law partner; (« famille »)
"finance board" means The Public Schools Finance Board established under The Public Schools Finance Board Act; (« Commission des finances »)
"fiscal year" means a fiscal year commencing on July 1 of any year and ending on June 30 of the year immediately following; (« exercice »)
"francophone school board" means the board of trustees of the francophone school division; (« commission scolaire de langue française »)
"francophone school division" means the francophone school division established under Part I.1; (« division scolaire de langue française »)
"general election" has the same meaning as in section 1 of The Municipal Councils and School Boards Elections Act; (« élections générales »)
"legal guardian" means a person appointed or recognized as the guardian of a child under The Child and Family Services Act or The Court of Queen's Bench Surrogate Practice Act; (« tuteur »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"program" means a series or group of courses leading to a statement of standing; (« programme »)
"public school" means an institution for educational purposes established and maintained under this Act or The Education Administration Act; (« école publique »)
"regulations" means regulations made by the Lieutenant Governor in Council, by the minister, or by the Advisory Board under the authority of any Act of the Legislature; (« règlements »)
"resident", as used to refer to or describe a person living in a particular school division or school district, means a person who has his chief place of abode or dwelling in that school division or school district; (« résident »)
"resident pupil" as used to refer to or describe a pupil in a particular school division or school district, means a pupil
(a) whose parent or legal guardian, with whom he resides, is a resident therein, or
(b) who has attained the age of 18 years and is a Canadian citizen or permanent resident as defined in the Immigration and Refugee Protection Act (Canada) resident therein, or
(c) who, by reason of being dealt with under any provision of The Child and Family Services Act or the Youth Criminal Justice Act (Canada), becomes a resident therein, or
(d) who is designated in writing by the minister as a resident therein; (« élève résident »)
"review commission" means The Boundaries Review Commission for which provision is made in this Act; (« Commission de révision »)
"school" means a public school; (« école »)
"school board" means the board of trustees of a school division or a school district; (« commission scolaire »)
"school building" includes the buildings required or used in a school division or school district for the imparting of instruction or for offices or other public school purposes; but does not include a building, or a part thereof, constructed, designed, or used solely or chiefly for administrative functions of the school division or school district other than those exercised by principals and teachers; (« bâtiment scolaire »)
"school district" means a school district which is not designated by the minister as a remote school district; (« district scolaire »)
"school division" means a school division having the responsibility of providing for elementary and secondary public school education and includes a remote school district as designated in subsection 3(4) but does not include a school district; (« division scolaire »)
"school moneys" means moneys that are the property of, or are payable to, a school division or a school district; (« deniers scolaires »)
"school site" means, subject to the regulations, the area of land required set aside or used by a school division or a school district for the school building, teachers' residence, students' residence, offices, or playground, or any one or more of them and includes any area of land required set aside or used for parking purposes; (« emplacement scolaire »)
"student teacher" means a student engaged in practice teaching while enrolled in teacher education in a recognized teacher education institution; (« élève enseignant »)
"support" means financial support provided to a school division under the capital support program or the operational support program established under Part IX; (« aide »)
"teacher" means a person who holds a valid and subsisting teacher's certificate or a limited teaching permit issued under The Education Administration Act, or who is authorized by the minister to teach in a school; (« enseignant »)
"trustee" means a member of a school board of a school division or school district; (« commissaire »)
"unorganized territory" means any portion of the province not included within a municipality; (« territoire non organisé »)
"voter" means a person eligible under section 21 of The Municipal Councils and School Boards Elections Act to vote at an election of trustees; (« électeur »)
"year" means a calendar year. (« année »).
Registered common-law relationship
1(2) For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.
R.S.M. 1987 Supp., c. 26, s. 1; S.M. 1988-89, c. 13, s. 36; S.M. 1989-90, c. 49, s. 2; S.M. 1991-92, c. 20, s. 2 and 3; S.M. 1993, c. 33, s. 2; S.M. 1998, c. 35, s. 2; S.M. 2002, c. 24, s. 50; S.M. 2002, c. 48, s. 28; S.M. 2004, c. 15, s. 2; S.M. 2004, c. 42, s. 93; S.M. 2005, c. 27, s. 162.
PART I
FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS
2(1) Subject to section 4, the Lieutenant Governor in Council may by regulation, from any portion of the province that is not within a school division or school district
(a) establish a school district or a remote school district;
(b) declare any territory to be a school district or a remote school district; or
(c) add territory to any school district or remote school district.
2(2) A regulation made under subsection (1) shall
(a) where a school district or remote school district is established or a territory is declared to be a school district or remote school district, specify its establishment and provide for the matters described in clauses 9(6.2)(a) to (d); and
(b) where a territory is added to a school district or remote school district, specify the matters described in clauses 9(6.2)(b) and (c).
2(3) Repealed, S.M. 2005, c. 27, s. 162.
S.M. 1988-89, c. 15, s. 16 and 17; S.M. 2002, c. 8, s. 2; S.M. 2005, c. 27, s. 162.
3(1) Every school board is a body corporate under the name "The School Division", or "The School District of ".
3(2) Repealed, S.M. 2002, c. 8, s. 3.
3(3) From the effective date of its incorporation, a school board has the powers granted to it, and is responsible for the performance of the duties and is subject to the liabilities charged upon it, under this Act.
3(4) The minister, by regulation, may designate a school district as a remote school district.
3(5) The minister may by regulation change the name of a school division or school district.
S.M. 1988-89, c. 15, s. 18 and 19; S.M. 2002, c. 8, s. 3.
ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
4 The minister shall not include in a school division on its establishment, or add to a school division previously established, any land owned by or under lease to the Government of Canada, unless the Government of Canada has entered into an agreement with the Government of Manitoba to make an annual grant, for the purposes of the school division in which the land is to be included, of an amount equal to an amount that would be raised by a levy on the land being so included, on the basis of the equalized assessment established for the school division by the Municipal Board or the Provincial Municipal Assessor, at the rates that under the appropriate sections of Part IX would apply to the school division; and the Government of Manitoba may enter into such an agreement.
Regulations respecting continuance
4.1(1) The board of reference may make regulations
(a) continuing a school district or school division; and
(b) confirming, for a school district or school division
(i) its name,
(ii) its boundaries or area,
(iii) the number of wards into which it is divided and the boundaries or area of each ward, and
(iv) the number of trustees in each ward,
unless, in the case of subclauses (iii) and (iv), a by-law of the school board has been passed as provided in section 57.
Sections 5, 9(3) to (12) do not apply
4.1(2) Section 5 and subsections 9(3) to 9(12) do not apply to a regulation made under subsection (1).
4.1(3) Repealed, S.M. 2002, c. 8, s. 4.
S.M. 1988-89, c. 15, s. 20; S.M. 2002, c. 8, s. 4.
Requests — transfer of land or amalgamation
5 The secretary of the board of reference must arrange for the board to hold a hearing under section 9 if he or she receives a written request from
(a) a person who owns a parcel of land requesting that it be transferred from one school division or school district to another, or if it is not in a school division or school district that it be added to one;
(b) the council of a band, as defined in the Indian Act (Canada), requesting that reserve land that is in a school division or school district be removed;
(c) the minister requesting that land be transferred from one school division or school district to another, or that land that is not in a school division or school district be added to an existing school division or school district; or
(d) two or more school divisions or school districts requesting jointly that they be amalgamated to form one or more new school divisions or school districts.
6 Repealed.
Alteration of school boundaries by minister
7(1) Subject to subsections (2) and (3) and notwithstanding any other provision of this Act or anything done thereunder, the minister may, by regulation,
(a) add territory to or withdraw territory from any school division or school district established under this Act;
(b) amalgamate any two or more school divisions or school districts established under this Act.
Prerequisite to alteration of boundaries by minister
7(2) The minister shall not exercise any of the powers conferred by subsection (1) except after a review by and the receipt of a recommendation from the review commission, but this subsection does not affect any power conferred on the minister by section 14.
7(3) A regulation made by the minister under subsection (1) that affects the boundaries of a school district or remote school district established, declared or enlarged under subsection 2(1) is of no force or effect unless and until confirmed by a regulation of the Lieutenant Governor in Council, and the Lieutenant Governor in Council may make such a regulation.
Establishment of review commission
7(4) The minister may, by regulation,
(a) establish a commission, to be known as The Boundaries Review Commission, consisting of such persons as the minister may appoint as the members thereof;
(b) fix the term of office of each member of the review commission;
(c) prescribe rules of procedure that shall govern the operations of the review commission;
(d) make such other provisions respecting the review commission as the minister deems necessary.
Function and duties of review commission
7(5) The review commission is under the direction of the minister and shall
(a) whenever so instructed by the minister but subject to subsection (6), conduct a review of the boundaries of all or any of the school divisions or school districts in the province as the minister may require;
(b) after a review under clause (a), make recommendations to the minister respecting the alteration of the boundaries reviewed;
(c) perform such other functions and carry out such other duties respecting the boundaries of school divisions or school districts as the minister may require.
Suspension of board of reference operations
7(6) The Lieutenant Governor in Council may, by order, suspend, for the duration of any review of boundaries proposed to be conducted by the review commission under subsection (5), all operations of the board of reference affecting or relating to boundaries of school divisions or school districts, and the review commission shall not conduct the review unless and until such an order is made.
7(7) Each member of the review commission shall receive such remuneration for services performed as the Lieutenant Governor in Council may approve and reimbursement for reasonable out-of-pocket expenses necessarily incurred in performing those services.
7(8) For the purpose of carrying out their functions and duties under this Act, the members of the review commission have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.
S.M. 1988-89, c. 15, s. 21; S.M. 1991-92, c. 20, s. 4.
Establishment of board of reference
8(1) The Lieutenant Governor in Council may establish a board of reference consisting of such number of persons as the Lieutenant Governor in Council may determine, which shall have jurisdiction as designated in the order creating it and as may otherwise be conferred upon it under this Act and the regulations.
8(2) A member of the board of reference shall hold office for such term as may be fixed in the order appointing him, not exceeding two years, but a member may be appointed for a further term.
8(3) In the order establishing the board of reference, the Lieutenant Governor in Council shall fix the number of members thereof that constitute a quorum.
8(4) Each member of the board of reference, other than a person who is in receipt of remuneration for duties performed
(a) as a member of the civil service of the government; or
(b) as a member or employee of a board, commission, corporation or other similar body that is appointed or controlled by, or is under the authority or direction of the government;
may be paid such remuneration as may be fixed by the Lieutenant Governor in Council; and each member of the board of reference may be paid the amount of such out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board of reference as may be approved by the Minister of Finance.
Secretary of board of reference
8(5) The minister may designate an employee of the department to act as the secretary of the board of reference.
9(1) The board of reference may, subject as herein provided, make rules to govern its own procedure.
Powers under Manitoba Evidence Act
9(2) The members of the board of reference, for the purpose of carrying out their duties and functions under this Act and the regulations have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.
9(3) If a request is made or a matter is referred to the board of reference under this Act or another Act, the board shall fix the date on which, and the time and place at which, it will hold a hearing with respect to the matter and the date so fixed shall be not less than two weeks after the date of the mailing or of the publication of notices as hereinafter required, whichever date is the later.
9(4) The board of reference shall send by mail
(a) to each school board named in the matter referred;
(b) to the council of each municipality that, or any part of which, is within a school division or school or school district named in the matter referred;
(c) to the resident administrator of each local government district involved;
(d) to the council of the Indian Band concerned; and
(e) to the owner of each parcel of land, mentioned in the matter referred, wherever practical;
(f) repealed, S.M. 2002, c. 8, s. 7;
a written notice giving a brief description of the matter referred and stating the date on which, and the time and place at which, it will be considered and the board of reference shall also cause a copy of the notice to be published at least once in a newspaper having a circulation in the area in which the municipalities, school divisions or school districts, interested in the matter are situated.
9(5) On the date, and at the time and place stated in the notice, the board of reference shall sit and hear any person interested in the matter or any person on his behalf.
Limitations on board transferring land
9(5.1) The board of reference may make an award in respect of a request under clause 5(a), (b) or (c) only if the board is satisfied that the transfer, addition or removal of land
(a) is for an educational purpose;
(b) does not result in transferring rights, property, debts, obligations, liabilities or employees to a new school division or school district without the consent of the affected school divisions and school districts; and
(c) does not have a materially detrimental impact on the ability of either of the affected school divisions or school districts to meet the educational needs of pupils within their boundaries or area.
9(6) After a hearing, the board of reference must,
(a) if the matter was referred to it under section 5, determine if the request should be granted in whole or in part, or be rejected; and
(b) if the matter was referred to it under subsection 24(3) or 58(1), establish for the purpose of the next general election
(i) the wards into which the division is to be divided for electoral purposes, and the boundaries of each ward,
(ii) the total number of trustees, which must not be fewer than five or more than nine, and
(iii) the number of trustees to be elected in each ward.
9(6.1) An award of the board under clause 5(a), (b) or (c) must
(a) specify the territory being transferred, added or removed and establish the boundaries or area of the affected school divisions and school districts; and
(b) give any other orders and directions that may be necessary to dispose of the matter.
Content of award — amalgamation
9(6.2) An award of the board under clause 5(d) that forms a new school division or school district by amalgamating school divisions or school districts, or both,
(a) must specify the name of the division or district formed, and specify the effective date of its formation and the incorporation of its school board;
(b) must establish its boundaries or area;
(c) must establish
(i) the wards into which it is to be divided for electoral purposes, and the boundaries of each ward,
(ii) the total number of trustees, which must not be fewer than five or more than nine, and
(iii) the number of trustees to be elected in each ward;
(d) must, pending the next general election,
(i) provide for the first election of trustees, including making all arrangements for that election in accordance with subsection 152(2) of The Municipal Councils and School Boards Elections Act, or
(ii) establish an interim school board, including providing for any matter specified in subclauses 12.2(b)(i) to (v);
(e) must dissolve the school boards of the divisions and districts that participated in the amalgamation;
(f) may make provision for the transfer of rights and property, debts, obligations and liabilities, and employees;
(g) may fix the costs of the hearing, and specify the persons by whom they are payable; and
(h) may give any other orders and directions that may be necessary to dispose of the matter.
9(7) An award of the board of reference is final and has effect in accordance with its terms. But this subsection does not preclude an application to the Court of Queen's Bench for judicial review respecting the award.
9(7.1) The board of reference shall file those portions of an award which deal with those matters set out in clauses (6)(b), (6.1)(a) and (6.2)(a) to (e) as a regulation under The Regulations Act.
9(7.2) and (7.3) Repealed, S.M. 2002, c. 8, s. 7.
Board not to make award for specified period
9(8) Despite section 5 and subsection 9(3), the board must not hold a hearing or make an award in respect of
(a) a matter that is the same as or similar to a matter referred to it under clause 5(a) or (b) in the preceding three years; or
(b) the boundaries, area or any territory of a school division or school district, in the first three years after it is amalgamated, formed or continued by regulation under section 7.
Circumstances when restriction does not apply
9(8.1) Subsection (8) does not apply to a request made by
(a) the minister under clause 5(c); or
(b) two or more school divisions or school districts under clause 5(d).
9(9) Repealed, S.M. 2002, c. 8, s. 7.
9(10) The board of reference shall cause a copy of each award made by it to be sent to
(a) the minister;
(b) each municipality, each local government district and each school division or school district affected by the award or that has an interest therein;
(c) the council of each Indian Band referred to in the award; and
(d) the owner of each parcel of land, wherever practical, specified in the award;
(e) repealed, S.M. 2002, c. 8, s. 7.
9(11) Before making a decision on a matter referred to it under sections 5 or 13, the board of reference may require that the voters within the affected territory vote on the matter.
9(12) When a vote is required under subsection (11),
(a) the board of reference must designate the senior election official responsible for conducting the vote; and
(b) the vote on the matter is a vote on a question under The Municipal Councils and School Boards Elections Act.
S.M. 1988-89, c. 15, s. 22 and 23; S.M. 2002, c. 8, s. 7; S.M. 2005, c. 27, s. 162.
9.1 A school division, school district, remote school district, northern school division or the francophone school division is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation.
S.M. 1988-89, c. 15, s. 24; S.M. 1993, c. 33, s. 4.
Validation of Manitoba Regulation 109/93
9.2 The School Divisions and Districts Establishment Regulation, Manitoba Regulation 109/93, is validated and declared to have been lawfully made, and
(a) every award of the board of reference made after December 13, 1988 and before the coming into force of this section that would have been lawful had that portion of the award that is required to be registered as a regulation been registered under The Regulations Act as soon as the award had effect under subsection 9(7); and
(b) everything done pursuant to any award described in clause (a) that would have been lawfully done had that portion of the award required to be registered as a regulation been registered as described in clause (a);
is validated and declared to have been lawfully made or done.
Validation of Manitoba Regulation 61/02
9.3 The School Division and School District Amalgamation (2002) Regulation, Manitoba Regulation 61/02, made by the minister and confirmed by the Lieutenant Governor in Council in the School Districts Amalgamation (2002) Confirmation Regulation, Manitoba Regulation 63/02, in accordance with section 7 is validated and declared to have been lawfully made, and everything done pursuant to that regulation is validated and declared to have been lawfully done.
Meaning of "school corporation"
10 For the purposes of sections 11 and 12, the expression "school corporation" means a school division or a school district.
Transmission, etc. without fee
11 Where the title to any land that is registered in the name of a school corporation becomes, under any provision of this Act, vested in another school corporation
(a) every application for transmission and every other instrument under The Real Property Act, required to be registered or filed in order to permit the issue of a certificate of title to the land in the name of the other school corporation; and
(b) every deed or other instrument under The Registry Act required to be registered in order to evidence the transfer of the title of the land to the other school corporation;
if properly executed and completed as required by law, shall be registered or filed by the district registrar of the proper land titles office, without charge or payment of any fee for transmission, registration, filing or otherwise.
Transfers of rights, etc. on creation of new school divisions
12(1) On the date on which the new school board of
(a) a new school division; or
(b) a school district that has been declared to be a school division; or
(c) a school division that has been formed by the consolidation of two or more school divisions or school districts;
takes office, every teacher who was employed by a school corporation within the new school division shall be deemed to be employed by and his contract assigned to, the new school corporation without any loss or abatement of the rights, privileges and obligations conferred upon or enjoyed by the teacher prior to that date.
Rights, duties and obligations of new school corporation
12(2) The new school corporation referred to in subsection (1) has the same rights, duties and obligations with respect to the teacher deemed to be employed by it as the school corporation by which he was formerly employed had, whether under contract, by virtue of any Act or otherwise, immediately prior to the date on which the new school board took office.
Transfer of special moneys to L.G.D.
12(3) Where a school corporation is dissolved by an award or order of the board of reference or by a regulation made under section 12.2, if the school corporation has among its assets moneys received under The Unconditional Grants Act, those moneys shall be transferred by the school corporation to the resident administrator of the local government district in which the school corporation was situated to be used for the purposes of providing and maintaining municipal services in the area previously comprising the school corporation and, if a dispute arises in respect of the moneys or the amount thereof, the matter shall be referred by the minister to the board of reference and its decision in respect thereof is final and binding on all persons affected thereby.
Disposition of property on school site
12(4) Where a school corporation is dissolved by an award or order of the board of reference or by a regulation made under section 12.2, if on property previously owned by the school corporation, there is situated a fixture or other property, real or personal, which did not belong to the school corporation, the minister may refer to the board of reference established under section 8 the matter of the disposal of the fixture or other property so situated on the property previously owned by the school corporation and its decision in respect thereof is final and binding on all persons affected thereby.
Audit of school division or school district
12(5) Where a school corporation is dissolved, the secretary-treasurer of the school corporation shall forthwith turn over to the auditor of the school corporation, or if there is no auditor, to an auditor appointed by the minister, all books, documents and records of the school corporation and the auditor shall audit the books and records of the school corporation, and shall forward them, together with his report on the audit, to the school corporation which shall pay the costs of the audit.
IMPLEMENTATION OF SCHOOL DIVISION AND SCHOOL DISTRICT AMALGAMATIONS
12.1(1) In this section and in sections 12.2 and 12.3,
"former division" means a school division or school district that, by a regulation made under section 7,
(a) has been amalgamated with one or more school divisions or school districts to form a new division, or
(b) has had all its territory amalgamated with two or more new divisions; (« ancienne division »)
"new division" means a school division or school district that, by a regulation made under section 7,
(a) is formed as a result of the amalgamation of two or more former divisions, or
(b) is continued with an enlarged territory as a result of being amalgamated with
(i) one or more former divisions, or
(ii) parts of the territory of one or more former divisions. (« nouvelle division »)
12.1(2) In subsection (1), "school division" or "school district" includes, if the context requires, the school board of the school division or school district.
12.2(1) After making a regulation under section 7, the minister may make a subsequent regulation or regulations that include provisions
(a) specifying the effective date of the formation of a new division and the incorporation of its school board;
(b) establishing, pending the next general election, an interim school board for a new division, including
(i) deeming the interim board of the new division to be the successor of the school boards of the former divisions,
(ii) establishing the number of trustees on the interim board, which number may be greater than nine,
(iii) establishing the eligibility and residency qualifications applicable to trustees serving on the interim board,
(iv) providing for the appointment of trustees to the interim board of the new division, and
(v) dissolving the school board of a former division;
(c) that the minister considers necessary or advisable respecting transitional matters, including
(i) preventing disruption in the education of pupils as a result of the formation, continuation, amalgamation, or dissolution of one or more new or former divisions,
(ii) varying or altering a new or former division's fiscal year and the timing and scope of its financial reporting and audits required under this Act for the fiscal year of amalgamation and the next,
(iii) for the purpose of transferring employees under section 12.3, specifying an effective date for determining which school building is the primary workplace of a teacher or other employee, and
(iv) establishing a date before which new divisions must file an agreement under section 12.3; and
(d) respecting any other matter that the minister considers necessary or advisable in connection with the formation, continuation, amalgamation, or dissolution of one or more new or former divisions.
Time for making subsequent regulations
12.2(2) The power to make regulations under subsection (1) may only be exercised on or before August 1, 2003.
S.M. 2002, c. 8, s. 10; S.M. 2005, c. 27, s. 162.
Amalgamation — one new division
12.3(1) If, as a result of a regulation made under section 7, all the territory of a former division is amalgamated and forms a single new division, all the rights and property, all the debts, obligations and liabilities and all the employees of the former division are transferred to the new division.
Amalgamation — two or more divisions
12.3(2) If, as a result of a regulation made under section 7, parts of the territory of a former division are transferred to and form part of two or more new divisions, the new divisions must make every reasonable effort to reach an agreement regarding the fair and equitable allocation between them of the rights and property, debts, obligations and liabilities, and employees of the former division.
Agreement to be filed with the minister
12.3(3) An agreement reached under this section must be filed with the minister.
12.3(4) If the new divisions
(a) fail to file an agreement under this section before the date prescribed under subclause 12.2(c)(iv); or
(b) report to the minister that there is a dispute between them about the content of an agreement they entered into under this section;
the minister must appoint an arbitrator to set the terms of the agreement or settle the dispute.
12.3(5) Within 60 days after being appointed, the arbitrator must
(a) inquire into the matter or dispute between the new divisions;
(b) hear the matter or dispute; and
(c) file a report with the minister that
(i) sets the terms of the agreement or settles the dispute, and
(ii) apportions the cost of the arbitration between the new divisions in any manner that the arbitrator considers fair.
12.3(6) The arbitrator's report is final and binding on the new divisions.
Content of agreement or arbitration report
12.3(7) An agreement or arbitrator's report under this section
(a) must provide that if, as a result of a regulation made under section 7, a school building or school site becomes located in a new division,
(i) the furnishings, equipment, teaching materials and other property located in or used in connection with that school building or site, and
(ii) the teachers and other employees of the former division whose primary workplace is that school building,
are transferred to the new division;
(b) must provide for the designation of a new division as the employer for each employee not provided for in clause (a);
(c) may provide for any employee who was providing services to more than one school on the effective date of the agreement or the arbitrator's report to continue to provide those services to schools in more than one new division on a cost-shared basis between those divisions;
(d) must provide for the transfer of all other rights and property, debts, obligations and liabilities, and employees of a former division to a new division; and
(e) must establish the date when the agreement or arbitrator's report takes effect.
Determination of "primary workplace"
12.3(8) For the purpose of subclause (7)(a)(ii), a school building is the primary workplace
(a) of a teacher, if the teacher teaches at that school building more than 50% of the time; and
(b) of an employee who is not a teacher, if the employee works at that school building more than 50% of the time.
No change in conditions for employees
12.3(9) An employee who is transferred to a new division under this section and who is not represented by a bargaining agent at the time of the transfer or after is deemed to be employed by, and his or her employment contract assigned to, the new division without any loss of the rights, privileges and obligations conferred upon or enjoyed by the employee before he or she was transferred.
Duties and responsibilities may be modified
12.3(10) Despite subsection (9), a new division may change the duties, responsibilities and title of an employee described in that subsection, and if the change is reasonably required as a result of a regulation passed under section 7, it does not amount to the constructive dismissal of the employee.
12.3(11) Except as provided in an agreement or an arbitrator's report under this section, no compensation or damages are payable in connection with a regulation made under section 7 or a transfer under this section.
Effect of transfer re: rights and property etc.
12.3(12) On the effective date of the formation or continuation of a new division, or on the effective date of an agreement or arbitrator's report under this section,
(a) the rights and property and debts, obligations and liabilities transferred vest in and belong to the new division, and the former division ceases to have any jurisdiction or interest in them; and
(b) the rights and obligations of a party to an agreement with the former division are not affected
(i) by a change in the name of the former division or the new division, or
(ii) by reason only that the former division is not identical in any other way to the new division.
Dissolution of remote school district
13 Where all the schools in a remote school district are closed and have been continuously closed for two or more years, the minister may refer the matter of dissolving the remote school district to the board of reference, which may order
(a) that the remote school district be continued; or
(b) by regulation that the remote school district be dissolved; and
(c) the lands within the remote school district be transferred to a school division and direct the manner in which the assets and liabilities of the remote school district shall be disposed of or paid and adjust the rights and claims consequent upon the changes to be made.
NORTHERN SCHOOL DIVISION
Establishment of school division
14(1) The minister may, by regulation, establish a northern school division to include such territory north of the northern boundary of township 22 in the province as he considers advisable.
14(2) The minister may, as he deems advisable, by regulation
(a) withdraw territory from a school division established under subsection (1); or
(b) subject to section 15, add further territory to a school division established under subsection (1), whether or not the territory is located north of the northern boundary of township 22 in the province; or
(c) create remote school districts within a school division established under subsection (1);
and with respect to a remote school district created under this subsection, the minister may make such regulations as are necessary for the proper operation thereof, including the making of grants.
14(3) A regulation made under subsection (1) or (2) shall include
(a) the name of the school division or remote school district, as the case may be;
(b) the date on which the regulation takes effect; and
(c) a description of the territory included in the school division, added to the school division, or withdrawn from the school division or included in the remote school district, as the case may be.
14(4) The school board of a school division or remote school district established under subsection (1) or (2) is a body corporate.
S.M. 1988-89, c. 15, s. 26; S.M. 1989-90, c. 49, s. 3; S.M. 2002, c. 8, s. 11.
15 The minister shall not include in a school division established under subsection 14(1), territory that is within or forms part of an established school division.
Appointment of official trustee
16(1) Upon the establishment of a northern school division, the minister may appoint an official trustee for the school division.
16(2) The minister shall fix the salary of an official trustee appointed under subsection (1), which shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.
17(1) In this section,
"area" means an area of a northern school division; (« région »)
"area advisory committee" means an area advisory committee established under this section for an area; (« comité consultatif régional »)
"area superintendent" means the person appointed as the superintendent of an area; (« surintendant régional »)
"chief superintendent" means the person appointed as the chief superintendent of the northern school division; (« surintendant en chef »)
"local school committee" means a local school committee established under this section for a ward; (« comité scolaire local »)
"northern school division" means a school division established under section 14; (« division scolaire du nord »)
"school board" means the school board of a northern school division; (« commission scolaire »)
"trustee" means a member of the school board; (« commissaire »)
"ward" means a ward of an area. (« quartier »)
17(2) The minister may, by regulation,
(a) divide a northern school division into areas;
(b) divide each area into wards;
(c) give to each area and each ward a name or numerical designation, or both, by which it shall be known.
Local school committees to be established
17(3) The minister may, by regulation,
(a) establish a local school committee for each ward;
(b) give to each local school committee a name by which it shall be known;
(c) prescribe the number of members that each local school committee shall have;
(d) fix the term of office of each member of a local school committee, and the member shall hold office for the term so fixed and thereafter until a successor is elected.
Election of local school committees
17(4) Except as otherwise provided in this section, the provisions of
(a) sections 21.50 and 22, subsection 25(5) and sections 26 and 34; and
(b) The Municipal Councils and School Boards Elections Act;
apply, with such modifications as the circumstances require, to local school committees and the members of local school committees and, without limiting the generality of the foregoing, to the nomination and election of those members, and forthat purpose every reference in those provisions to a school board or a trustee or school trustee shall be read as a reference to a local school committee or a member of a local school committee as the case may be.
Qualifications of local school committee members
17(5) A person who has the qualifications set out in clauses 22(a), (b) and (d) and has been a resident of a particular ward for a period of at least six months as at the date of the election is qualified to be nominated and elected as a member of the local school committee established for that ward.
Functions of local school committees
17(6) A local school committee for a ward shall advise the area superintendent and the principal of each school in the ward with respect to school matters arising in the ward, and shall encourage the involvement of residents of the ward in those matters and, without limiting the generality of the foregoing, shall with respect to that ward
(a) make recommendations respecting the hiring of principals, teachers and other school staff personnel;
(b) make recommendations respecting the need to evaluate the performance of any person employed by the school board;
(c) review and make recommendations respecting proposed capital construction projects, the proposed annual budget and monthly expenditures;
(d) review and make recommendations respecting changes in policies, procedures, programs and activities;
(e) review and make recommendations annually respecting the short and long term priorities for each school in the ward; and
(f) make recommendations respecting the transportation of students.
Area advisory committees to be established
17(7) The minister may, by regulation,
(a) establish an area advisory committee for each area;
(b) give to each area advisory committee a name or numerical designation, or both, by which it shall be known;
(c) prescribe the number of members that each area advisory committee shall have;
(d) fix the term of office of each member of an area advisory committee, and the member shall hold office for the term so fixed and thereafter until a successor is elected.
Election of area advisory committees
17(8) The members of each local school committee for a ward shall, within five days after their own election, elect one of their number as a member of the area advisory committee for the area in which the ward is located, and where an area has only one ward the members of the local school committee for the ward are the members of the area advisory committee for the area.
Vacancies on area advisory committees
17(9) Where a vacancy occurs in the membership of an area advisory committee before the expiry of a term of office, the local school committee whose member occupied the vacated position shall, within 10 days after the vacancy occurs, elect another one of its members to fill the vacancy for the unexpired balance of the term and thereafter until a successor is elected.
Functions of area advisory committees
17(10) An area advisory committee shall advise the area superintendent or the chief superintendent, as the case may be, with respect to school matters arising in the area, and shall encourage the involvement of residents of the area in those matters and, without limiting the generality of the foregoing, shall with respect to that area
(a) make recommendations respecting the hiring of the area superintendent, the area liaison officer and area support staff;
(b) make recommendations respecting the need to evaluate the performance of any person employed by the school board;
(c) review the proposed short and long term capital construction projects and make recommendations respecting their priority;
(d) review and make recommendations respecting the proposed annual budget and monthly expenditures;
(e) review and make recommendations respecting changes in policies, procedures, programs and activities; and
(f) review and make recommendations annually respecting the short and long term priorities for the area.
School board of northern school division
17(11) Except as in this Act otherwise provided, the provisions of the Act applying to a school board or the trustees of a school board apply to the school board of a northern school division or the trustees of such a school board, as the case may be.
17(12) The members of each area advisory committee of a northern school division shall, within 10 days after their own election, elect from among their number two persons as trustees of the school board of the school division, and the school board shall consist of the trustees so elected by all area advisory committees of the school division.
17(13) Where the position of a trustee becomes vacant before the expiry of his or her term of office, the area advisory committee that elected the trustee shall, within 20 days after the date when the vacancy occurs, elect another trustee from among its members to hold office for the unexpired balance of the term and thereafter until a successor is elected.
S.M. 1989-90, c. 49, s. 5; S.M. 1993, c. 24, s. 2; S.M. 2005, c. 27, s. 162.
Frontier Collegiate Institute (Cranberry Portage) advisory committee
17.1(1) For Frontier Collegiate Institute, located in Cranberry Portage, the minister may make regulations
(a) establishing an advisory committee to be known as the Frontier Collegiate Institute advisory committee;
(b) specifying the size and structure of the committee; and
(c) providing for the membership of the committee, including how members are to be nominated and the length of their terms.
Function of Frontier Collegiate Institute advisory committee
17.1(2) The Frontier Collegiate Institute advisory committee is to advise the area superintendent and the principal with respect to school matters concerning the collegiate and is to encourage community involvement in the collegiate. Also, the committee is to conduct the reviews and make the recommendations set out in clauses 17(6)(a) to (f).
18(1) In addition to the specific powers, duties and functions set out in this Part, an official trustee appointed under subsection 16(1) has and may perform with respect to any school operated by the school division all the powers, duties and functions that may be exercised or performed by
(a) an official trustee under this Act; and
(b) a school board.
Special powers of official trustee
18(2) An official trustee of a school division appointed under subsection 16(1) may
(a) arrange for transportation for pupils attending schools within the school division;
(b) arrange for living accommodation and necessities for pupils attending schools within the school division;
(c) with the approval of the minister, establish one or more secondary schools within or without the school division for the education of pupils residing within the school division and determine the courses to be offered thereat;
(d) with the approval of the minister, establish and provide for a residence for students attending any secondary schools established under clause (c); and
(e) employ and pay teachers and other employees required for the operation of the school division and the schools and residences established and operated by the school division.
19 In each year the school board of any northern school division established under section 14 shall prepare in accordance with the provisions of Part IX to the extent that they are applicable, an estimate of the approved expenses and revenues for all schools operated in the school division, including grants and support payable or to be provided to the school division for the current year and shall submit the estimate to the minister for his approval.
20(1) Where a municipality or a local government district that is wholly or partly included in a northern school division receives notice of apportionment as provided in section 183, it may appeal the apportionment and subsections 191(5) and (6) apply with such modifications as the circumstances require.
20(2) Where a municipality or a local government district all or part of which is within a northern school division receives a notice of the amount apportioned to the municipality or local government district under this Act and of the amount allocated to the municipality or local government district under Part IX, the sections pertaining to the collection and payment of the amounts apportioned apply.
21 The minister, with the approval of the Lieutenant Governor in Council, may make such additional grants or provide such additional support as he deems advisable to a northern school division established under subsection 14(1) for the purposes of capital and operating expenditures.
PART I.1
FRANCOPHONE SCHOOL DIVISION
DEFINITIONS
21.1 In this Part,
"Charter" means the Canadian Charter of Rights and Freedoms; (« Charte »)
"entitled person" means
(a) a resident of Manitoba whose first language learned and still understood is French,
(b) a Canadian citizen resident in Manitoba who has received at least four years of primary school instruction in a francophone program in Canada, or
(c) a Canadian citizen resident in Manitoba who is the parent of a child who is receiving primary or secondary school instruction in a francophone program in Canada or who has received not less than four years of such instruction; (« ayant droit »)
"francophone program" means a primary or secondary educational program that provides classroom instruction in the French language and is designed for pupils whose first language learned and understood is French; (« programme français »)
"programme d'accueil" means a program designed to improve the French language skills of pupils whose French language skills do not meet the language requirements of the francophone program; (« programme d'accueil »)
"provider school board" means the school board of a school division or school district that operates a francophone program that is or may be designated for transfer to the francophone school board under section 21.27; (« cédant »)
"regulations" means the regulations made under section 21.43; (« règlements »)
"school" includes a school site; (« école »)
"school committee" means a school committee referred to in section 21.13. (« comité scolaire »)
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 2.
FRANCOPHONE SCHOOL DIVISION
Francophone school division established
21.2(1) Not later than eight months after this Part comes into force, the Lieutenant Governor in Council shall, by regulation, establish a francophone school division and specify its name and boundaries or area.
21.2(2) The regulation made under subsection (1) shall divide the francophone school division into regions and specify the name of each one and its boundaries or area.
21.2(3) The Lieutenant Governor in Council may amend the regulation made under this section when it considers it advisable to do so.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 8, s. 12; S.M. 2002, c. 21, s. 3.
Act applies to the francophone school division
21.3 This Act applies to the francophone school division with the exception of the following provisions:
(a) sections 4.1 and 5;
(b) subsections 7(1), (2), (3) and (6);
(c) subsections 9(4) and (5.1) to (12);
(d) sections 21.50, 22 and 24;
(d.1) section 27;
(e) subsections 41(4), (5), (5.1) and (6);
(f) sections 57 and 58;
(f.1) clause 58.3(b) and subsection 58.4(1);
(g) section 79;
(h) subsections 186(1.2) and (2);
(i) sections 187 to 190.
S.M. 1993, c. 33, s. 5; S.M. 1996, c. 51, s. 2; S.M. 1998, c. 35, s. 3; S.M. 2002, c. 8, s. 13; S.M. 2002, c. 21, s. 4; S.M. 2005, c. 27, s. 162.
FRANCOPHONE SCHOOL BOARD
21.4(1) The francophone school board, consisting of trustees elected in accordance with sections 21.35 to 21.38, is responsible for the administration of the francophone school division.
21.4(2) The number of trustees of the francophone school board may not be less than five or more than 11.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 5.
21.5(1) The francophone school board shall, subject to this Act and consistent with and to the extent required by section 23 of the Charter,
(a) provide a francophone program for resident pupils in such minority language education facilities as may be required; and
(b) provide a programme d'accueil for resident pupils whose French language skills do not meet the language requirements of the francophone program.
Programs where numbers warrant
21.5(2) The programs described in subsection (1) shall be provided where numbers warrant, based on the number of pupils expected to take advantage of the programs.
21.5(3) Repealed, S.M. 2002, c. 21, s. 6.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 6.
21.6(1) The francophone school board may enter into agreements with other school boards or the minister, or both, regarding
(a) the provision by the francophone school board of programs outside its boundaries or in schools it does not operate; and
(b) the payment or sharing of costs respecting the delivery of those programs.
21.6(2) If the minister considers it advisable to do so or necessary under section 23 of the Charter, the minister may direct the francophone school board and another school board to enter into an agreement under subsection (1), and in that case the minister may set some or all of the terms of the agreement.
Board may promote programs and language
21.7 The francophone school board may
(a) promote and distribute information in the province about programs available in the francophone school division; and
(b) engage in activities to promote the French language and culture in connection with its duty to provide education.
21.8 Repealed.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 6.
ADVISORY GROUPS AND SCHOOL COMMITTEES
21.9(1) The francophone school board may establish an advisory group for each region of the francophone school division.
21.9(2) The formation, composition and mandate of the advisory groups may be specified by by-law of the francophone school board.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 7.
21.10 to 21.12 Repealed.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 8.
21.13(1) A school committee shall be established for each school in which a francophone program is operated by the francophone school board.
21.13(2) The formation, composition and mandate of school committees is to be specified by by-law of the francophone school board.
21.14 Repealed.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 8.
ENTITLEMENT TO ATTEND PROGRAMS
Children of entitled persons to be admitted
21.15(1) Subject to subsection (2), the francophone school board shall admit to a program it provides under section 21.5,
(a) any resident pupil at least one parent of whom is an entitled person; and
(b) if it is reasonably practicable to do so, any non-resident pupil at least one parent of whom is an entitled person.
Admission of non-fluent children
21.15(2) The francophone school board may require a pupil whose French language skills do not meet the language requirements of the francophone program to attend a programme d'accueil for a period of time determined by the board.
Board may require information from parent
21.15(3) The francophone school board may require the parent of a child to provide any information the board requests to establish that the parent is entitled to have the child attend a program provided by the board.
Entitlement of children in transferred program
21.15(4) Even if a parent is not an entitled person, if a child attends a francophone program that is designated for transfer to the francophone school board under section 21.19, the parent of the child is entitled to have that child continue to attend the transferred program, and the francophone school board shall admit the child at the parent's request.
21.15(5) The francophone school board may admit any other child whose parents have made a written request for admission to the board.
Non-resident pupils: programs and costs
21.15(6) When non-resident pupils attend a program provided by the francophone school board, the home school division shall pay a fee to the francophone school division in an amount prescribed by regulation.
S.M. 1993, c. 33, s. 5; S.M. 1996, c. 51, s. 3.
21.16 The francophone school board may establish an admissions committee to review and make recommendations to the board about the admission of children to programs provided by the board.
Appeal to minister re admissions
21.17 Either a parent or the francophone school board may ask the minister to review a decision of the board as to the parent's entitlement under subsection 21.15(1) or (4) to have his or her child attend a program provided by the board, and the minister shall appoint a person or persons to make a final determination as to entitlement.
SCHOOLS AND PROGRAMS OPERATED BY THE FRANCOPHONE SCHOOL BOARD
Transfer of Programs and Schools
21.18 Repealed.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 9.
21.19(1) Repealed, S.M. 2002, c. 21, s. 10.
Whether other programs in same school
21.19(2) A regulation under subsection 21.27(1) shall specify whether, in the school where the designated program is located,
(a) only a francophone program is being provided by the provider school board; or
(b) programs in addition to francophone programs are being provided by the provider school board.
21.19(3) The date of the transfer of a francophone program designated for transfer shall be determined by regulation.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 10.
21.20 and 21.21 Repealed.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 11.
Transfer of ownership: exclusive use schools
21.22(1) When a school is to be transferred to the francophone school board for its exclusive use the right to possession and ownership or any other interest of the provider board in the lands, buildings, furnishings, equipment, teaching materials and all other property on or used in connection with the school vests, on a date determined by regulation, in the francophone school board, and the provider school board ceases to have any jurisdiction or interest in the property.
Transfer of ownership: shared use schools
21.22(2) When a school is transferred to the francophone school board subject to the right of the provider school board to share the use of the school, the right to possession and ownership or any other interest of the provider board in
(a) the lands and buildings used in connection with such schools; and
(b) the furnishings, equipment, teaching materials and other property used primarily in connection with the francophone programs located in those schools;
vests in the francophone school board on a date determined by regulation, and the provider school board ceases to have any jurisdiction or interest in the property other than its right to share the use of that school in accordance with an agreement under section 21.23.
21.22(3) The transfer of possession or ownership or other interest in property under subsections (1) and (2) is to be made without compensation, subject to existing contractual liabilities and obligations of the provider school board that relate to the property.
21.22(4) The contractual liabilities and obligations described in subsection (3) cease to be the responsibility of the provider school board on the date of the transfer.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 12.
21.23 When the use of a school is to be shared, the provider school board and the francophone school board shall enter into an agreement respecting the details of that shared use, and the agreement may include a procedure for periodic review or termination of the shared use arrangement.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 13.
21.24(1) If there is a dispute between the francophone school board and the provider school board about
(a) what furnishings, equipment, teaching materials and other property are located on or used in connection with a school under subsection 21.22(1);
(b) what furnishings, equipment, teaching materials and other property are used primarily in connection with a francophone program under clause 21.22(2)(b);
(c) the nature of any other obligations and liabilities that it would be appropriate for the francophone school board to assume as a result of the transfer of property; or
(d) the content of an agreement to be entered into under section 21.23;
either board may refer the matter to the committee established under this section for its determination.
21.24(2) In addition, the minister may refer to the committee any other matter related to the transfer or shared use of any school for its advice and opinion or its determination.
21.24(3) The committee shall consist of three persons, one of whom is named by the francophone school board, one of whom is named by the provider school board and one of whom is named by the minister.
21.24(4) When a matter is referred to the committee for its determination, the committee shall finally determine the matter and may, if the dispute is about what the terms of an agreement under section 21.23 should be, prescribe those terms.
Committee's determination binding
21.24(5) A determination by the committee is final and binding on the parties.
21.24(6) Each party is responsible for the fees and expenses of its nominee to the committee and for an equal share of any other fees and expenses related to the determination of the matter by the committee.
Request to transfer school or program
21.25(1) A request may be made to the minister
(a) that a francophone program be transferred from a provider school board to the francophone school board; and
(b) to ensure that there are premises in which to provide that francophone program,
(i) that a school be transferred from the provider school board to the francophone school board, either for the exclusive use of the francophone school board or subject to the right of the provider school board to share the use of the school, or
(ii) that the francophone school board be entitled to share the use of a school operated by the provider school board.
21.25(2) A request may be made by
(a) the provider school board that provides the francophone program; or
(b) entitled persons who are parents of
(i) at least 10 pupils in the francophone program, in the case of a francophone program with fewer than 100 pupils, or
(ii) 10% or more of the pupils in the francophone program, in the case of a francophone program with more than 100 pupils.
Referral to the board of reference
21.25(3) The minister shall refer a request made under subsection (2) to the board of reference, and the minister may also refer a matter to the board of reference on his or her own initiative.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 14.
21.26(1) If a referral is made under subsection 21.25(3), the board of reference shall
(a) determine whether a hearing should be held in the French language or in both the French and English languages;
(b) hold a hearing in accordance with subsections 9(3) (fixing a date for the hearing) and 9(5) (hearing); and
(c) take steps to determine the wishes of entitled persons whose children are enrolled in the francophone program that is the subject of the request, subject to any requirements specified in the regulations.
21.26(2) The board of reference shall send a notice that describes the matter and sets out the date, time and place for the hearing and the process for determining the wishes of entitled persons to
(a) the provider school board;
(b) the francophone school board; and
(c) the entitled persons whose children are enrolled in the francophone program that is the subject of the request.
21.26(3) The board of reference shall ensure that a copy of the notice is published at least once in a newspaper having circulation in the school division or school district of the provider school board.
21.26(4) The board of reference shall make a report that sets out
(a) the results of the determination of the wishes of entitled persons;
(b) its decision as to whether the request should be granted; and
(c) if the request should be granted, which premises should be provided to the francophone school division for the francophone program, including
(i) the name of any school to be transferred from a provider school board to the francophone school board for the exclusive use of the francophone school board,
(ii) the name of any school to be transferred from a provider school board to the francophone school board, subject to the right of the provider school board to share the use of the school, and
(iii) the name of any school to be retained by a provider school board, subject to the right of the francophone school board to share the use of the school.
21.26(5) The board of reference shall send a copy of the report to
(a) the minister;
(b) the provider school board;
(c) the francophone school board; and
(d) if the request was made by parents, any person designated for the purpose by the parents, or if no person was designated, the parent first named in the request.
21.26(6) If a hearing is held under this section, another request that relates to the same francophone program cannot be made until at least three years after the date of the hearing.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 15.
Regulation transferring program
21.27(1) If the report under subsection 21.26(4) indicates that the request should be granted, the Lieutenant Governor in Council shall, by regulation, designate the francophone program to be transferred to the francophone school board and specify the matters set out in subsection 21.19(2).
Transfer of program and property
21.27(2) Subsection 21.19(3) and sections 21.22 to 21.24 apply when a francophone program is designated for transfer under this section.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 16.
21.28 For greater certainty, nothing in sections 21.19 to 21.27 limits
(a) the right of an individual entitled person to request the francophone school board to provide French language instruction for his or her child; or
(b) the duty of the francophone school board under section 21.5 to provide such instruction as may be required in the circumstances by section 23 of the Charter.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 17.
Discontinuance of Programs by Provider School Boards
Discontinuance of program by provider school board
21.29 A provider school board shall not discontinue a francophone program unless
(a) the program is transferred to the francophone school board under section 21.27; or
(b) at least 60 days notice of the proposed discontinuance is given to the francophone school board and the minister and the minister consents to the discontinuance based on
(i) a decline in enrollment sufficient to render the continued delivery of the program impracticable, or
(ii) any other reason that the minister considers acceptable.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 18.
TRANSPORTATION OF PUPILS
21.30(1) The francophone school board shall, on or before June 1 in the year it first provides programs under section 21.5, prepare a written plan for the approval of the minister describing the means by which it proposes to meet its obligations under this Act for the transportation of pupils.
21.30(2) If the minister considers it advisable to do so, the minister may direct the francophone school board and any provider school board to reach an agreement about the transportation of pupils or the transfer or shared use of existing school buses, and if no agreement is reached the minister may
(a) direct the terms of such an agreement; or
(b) refer the matter to the committee established under section 21.24, in which case subsections 21.24(4), (5) and (6) apply with necessary modifications.
LANGUAGE OF INSTRUCTION AND ADMINISTRATION
21.31(1) To ensure that its pupils master the French language, the francophone school board shall provide at least 75% of its classroom instruction in each grade in the French language.
English as subject of instruction
21.31(2) To ensure that its pupils develop and maintain proficiency in the English language, the francophone school board shall require English to be a subject of instruction in every class in Grades IV to XII in the francophone school division, but the time allotment for English in each grade must not exceed 25% of classroom instruction.
Exception for first three years
21.31(3) For not more than three years after a francophone program is transferred to the francophone school board, the board
(a) repealed, S.M. 2002, c. 21, s. 19;
(b) may, in the case of a program designated for transfer under section 21.27;
permit less than 75% of classroom instruction to be provided in the French language for pupils who attended the francophone program before the transfer, if less than 75% of classroom instruction in the transferred program was in the French language.
Exception for technical and vocational programs
21.31(4) The francophone school board may permit less than 75% of classroom instruction to be provided in the French language for pupils attending a francophone technical or vocational program, if in the opinion of the board there are sound pedagogical and financial reasons to do so.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 19.
21.32(1) The administration and operation of the francophone school division shall be carried out in the French language.
21.32(2) When circumstances warrant, the francophone school division may operate in a language other than the French language.
FINANCIAL MATTERS
Estimate of expenses and revenues
21.33(1) Each year, the francophone school board shall submit to the minister an estimate of its expenses and revenues for the next fiscal year.
21.33(2) The estimate of expenses and revenues is to be in accordance with Part IX, to the extent it applies to the francophone school board.
21.34 The revenue of the francophone school division shall include
(a) support provided under Part IX and grants that may be provided under Part X, including any support or grant that may be provided to enable the francophone school division to deliver the instruction required by section 23 of the Charter;
(b) for pupils who reside within the boundaries of the francophone school division, payments from each school division, 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;
(c) for non-resident pupils attending a program provided by the francophone school board, payment of fees by the pupil's home school division as may be prescribed by regulation;
(d) where the francophone school board provides a program outside the francophone school division or in schools it does not operate, payment by the other school division of such fees and charges as are required under section 21.6.
S.M. 1993, c. 33, s. 5; S.M. 1996, c. 51, s. 4; S.M. 2002, c. 21, s. 20.
ELECTING TRUSTEES OF THE FRANCOPHONE SCHOOL BOARD
21.35(1) The election of trustees of the francophone school board shall be in accordance with this section and sections 21.36 to 21.38.
21.35(2) The nomination of candidates and the conduct of elections of trustees of the francophone school board shall be in accordance with the regulations.
Municipal Councils and School Boards Elections Act does not apply
21.35(3) For certainty, The Municipal Councils and School Boards Elections Act does not apply to the election of trustees of the francophone school board.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 21; S.M. 2005, c. 27, s. 162.
21.36(1) The Lieutenant Governor in Council must establish electoral divisions for the francophone school division by regulation. The regulation must specify
(a) the area of each electoral division; and
(b) the number of trustees to be elected in each electoral division.
Period regulation remains in force
21.36(2) A regulation made under subsection (1) remains in force until the francophone school board passes a by-law and the by-law is approved in accordance with section 21.36.1.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 21.
Changes in electoral divisions
21.36.1(1) The francophone school board may, by by-law,
(a) alter the area of an electoral division, or dissolve the electoral divisions established under subsection (1) and create new electoral divisions; and
(b) subject to subsection 21.4(2), increase or decrease the total number of trustees to be elected, or the number of trustees to be elected in an electoral division.
By-law effective for next general election
21.36.1(2) A by-law passed under subsection (1)
(a) has no effect until it is approved by the Lieutenant Governor in Council;
(b) takes effect only at a general election; and
(c) must be passed and approved at least 180 days before the general election at which it is to take effect.
S.M. 2002, c. 21, s. 21; S.M. 2005, c. 27, s. 162.
Extended meaning of "entitled person"
21.37(1) In this section, "entitled person" includes
(a) the spouse of an entitled person; or
(b) the common-law partner of an entitled person who has cohabited with the entitled person for a period of at least 12 months immediately before the election.
21.37(2) A person is entitled to vote in an election of trustees of the francophone school division if on the day of the election he or she
(a) is 18 years of age or older;
(b) is a Canadian citizen who has been a resident of Manitoba for at least six months;
(c) is a parent
(i) whose child is enrolled in a program provided by the francophone school board, or
(ii) who resides in an electoral division of the francophone school division, and is an entitled person who in the year before the general election requested the francophone school board to provide instruction for his or her school-age child, but whose child is not yet enrolled in a program provided by the francophone school board; and
(d) is not disqualified under this Act or any other Act, and is not otherwise prohibited by law, from voting in school division or school district elections.
Additional voters determined by regulation
21.37(3) In addition, any other class of entitled persons prescribed by the regulations is entitled to vote in an election of trustees of the francophone school board.
Eligibility to vote in other elections
21.37(4) A person who is eligible to vote in both
(a) an election of trustees for a school board other than the francophone school board; and
(b) an election for the francophone school board;
may vote in both elections.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 21; S.M. 2002, c. 24, s. 50; S.M. 2005, c. 27, s. 162.
Qualifications of francophone school trustees
21.38(1) Subject to subsection (2), a person is qualified to be nominated for and elected as a trustee of the francophone school division if
(a) the person
(i) is entitled to vote under section 21.37, and
(ii) is able to participate in the conduct of school division business in the French language; or
(b) the person
(i) is able to participate in the conduct of school division business in the French language,
(ii) is 18 years of age or older on the day of the election, and
(iii) is a Canadian citizen who has been a resident of the electoral division for at least six months on the day of the election.
21.38(2) A person is disqualified from being nominated for election as a trustee and from being elected or remaining as a trustee of the francophone school division if he or she is
(a) a pupil in regular attendance of the francophone school division;
(b) elected or appointed as a member of the Legislative Assembly, the Senate or House of Commons of Canada, or the council of a municipality;
(c) elected or appointed to the board of another school division or school district; or
(d) disqualified under this Act or any other Act, or is otherwise prohibited by law, from being a trustee.
21.38(3) An employee of the francophone school division is disqualified from serving as a trustee of that division unless he or she takes a leave of absence under subsection 48.1(4) (leave of absence for elected candidate).
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 21; S.M. 2004, c. 15, s. 5.
21.39 and 21.40 Repealed.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 22.
21.41 A person elected as a trustee of the francophone school board shall, before assuming the duties of office, make an affidavit of qualification and take the oath of office in Form I of Schedule D.
21.42 Repealed.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 22.
REGULATIONS
21.43 For the purpose of this Part, the Lieutenant Governor in Council may make regulations
(a) assigning duties to the francophone school board in addition to those described in subsection 21.5(1);
(b) for the purpose of subsection 21.2(2),
(i) establishing the area of each electoral division of the francophone school division, and
(ii) specifying the total number of trustees to be elected to the francophone school board and the number to be elected in each electoral division;
(c) determining the date of transfer of francophone programs and property for the purposes of subsection 21.19(3) and subsections 21.22(1) and (2);
(d) for the purpose of clause 21.26(1)(c), respecting the method by which the board of reference is to determine the wishes of entitled persons and respecting any guidelines the board must consider in determining whether a request should be granted;
(e) respecting the election of trustees of the francophone school board including, but not limited to,
(i) specifying when elections are to be held,
(ii) respecting the nomination of candidates and the conduct of elections,
(iii) for the purposes of subclause 21.37(2)(c)(ii) specifying when and in what manner a person must indicate a wish to have instruction provided for his or her child,
(iv) for the purpose of subsection 21.37(3), specifying additional classes of persons who are entitled to vote in elections, and
(v) respecting elections to fill vacancies;
(f) and (g) repealed, S.M. 2002, c. 21, s. 23;
(g.1) for the purposes of subsection 21.15(6) and clause 21.34(c), prescribing fees a home school division must pay the francophone school division for non-resident pupils;
(h) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable.
S.M. 1993, c. 33, s. 5; S.M. 1996, c. 51, s. 5; S.M. 2002, c. 21, s. 23.
21.44 to 21.49 Repealed.
S.M. 1993, c. 33, s. 5; S.M. 2002, c. 21, s. 24.
PART II
SCHOOL BOARDS
General election of school board every four years
21.50 Each school division and school district must hold a general election in the fourth Wednesday of October in the year 2006 and in each fourth year after that.
Qualifications of school trustees
22(1) A person is qualified to be nominated for and elected as a trustee of a school board, if the person
(a) is a Canadian citizen;
(b) is of the full age of 18 years, or will be of the full age of 18 years at the date of the election;
(c) is an actual resident in the school division or school district, and will have been so for a period of at least six months at the date of the election; and
(d) is not disqualified under any other provision of this Act or under any other Act, and is not otherwise by law prohibited, from being a trustee or from voting at elections in the school division or school district.
22(2) The following persons are disqualified from being nominated for election as a trustee and from being elected or remaining as a trustee:
(a) a member of the Legislative Assembly or the Senate or House of Commons of Canada;
(b) repealed, S.M. 2005, c. 27, s. 165;
(c) a pupil in regular attendance at a school within the same school division or school district.
22(3) An employee of the same school board, school division or school district is disqualified from serving as a trustee unless he or she takes a leave of absence under subsection 48.1(4) (leave of absence for elected candidate).
S.M. 1989-90, c. 49, s. 6; S.M. 2004, c. 15, s. 6; S.M. 2005, c. 27, s. 165.
23 Repealed.
24(1) Except as provided in sections 17 and 21.4, a school board must have not fewer than five or more than nine trustees.
Establishing the size of school board
24(2) The number of trustees to be elected for a school division or school district is the number prescribed
(a) in the regulation forming the school division or school district;
(b) in an award of the board of reference; or
(c) in a by-law of the school board passed and approved in accordance with section 57.
Referral to board of reference
24(3) If a school board has fewer than five or more than nine trustees, the minister may refer the matter to the board of reference, and the board shall deal with the referral as provided for in section 9. But no referral is to be made where, as a result of a regulation made under section 24.2, a school board has more than nine trustees.
S.M. 2002, c. 8, s. 14; S.M. 2004, c. 15, s. 7.
24.1 In sections 24.2 and 24.3, "band", "council of a band" and "reserve" have the same meaning as in subsection 2(1) of the Indian Act (Canada).
Reserve may be prescribed as a ward
24.2(1) If the council of a band has entered into an agreement with a school board under clause 48(1)(q), the minister may by regulation establish its reserve as a separate ward of that school division.
24.2(2) In determining whether to make a regulation under subsection (1), the minister is to consider the following factors:
(a) whether there is a school located on the reserve, and if there is, whether it provides education in all grades;
(b) whether, in his or her opinion, the number of students attending school off the reserve and in the school division warrants the band being represented on th