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C.C.S.M. c. P250

The Public Schools Act

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

1 (1) Definitions
(2) Registered common-law relationship
1.1 Interpretation: "compulsory school age"
1.2 (1) Interpretation: "bullying"
(2) Characteristics and forms
(3) When does a person participate in bullying?
PART I
FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS
2 (1) School districts authorized
(2) Contents of regulation
(3) Repealed
3 (1) Incorporation
(2) Repealed
(3) Powers of school board
(4) Remote school district
(5) Change of name
ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
4 Government of Canada lands
4.1 (1) Regulations respecting continuance
(2) Sections 5, 9(3) to (12) do not apply
(3) Repealed
5 Requests — transfer of land or amalgamation
6 Repealed
7 (1) Alteration of school boundaries by minister
(2) Prerequisite to alteration of boundaries by minister
(3) Confirmation by L.G. in C.
(4) Establishment of review commission
(5) Function and duties of review commission
(6) Suspension of board of reference operations
(7) Remuneration
(8) Powers under The Evidence Act
8 (1) Establishment of board of reference
(2) Term of office
(3) Quorum
(4) Remuneration
(5) Secretary of board of reference
9 (1) Rules of procedure
(2) Powers under Manitoba Evidence Act
(3) Fixing date of hearing
(4) Notices of hearings
(5) Hearing
(5.1) Limitations on board transferring land
(6) Award of the board
(6.1) Content of award — land
(6.2) Content of award — amalgamation
(7) Award is final
(7.1) Award filed as regulation
(7.2) and (7.3) Repealed
(8) Board not to make award for specified period
(8.1) Circumstances when restriction does not apply
(9) Repealed
(10) Notification of award
(11) Board may require vote
(12) When vote required
9.1 Use of maps
9.2 Validation of Manitoba Regulation 109/93
9.3 Validation of Manitoba Regulation 61/02
10 Meaning of "school corporation"
11 Transmission, etc. without fee
12 (1) Transfers of rights, etc. on creation of new school divisions
(2) Rights, duties and obligations of new school corporation
(3) Transfer of special moneys to L.G.D.
(4) Disposition of property on school site
(5) Audit of school division or school district
IMPLEMENTATION OF SCHOOL DIVISION AND SCHOOL DISTRICT AMALGAMATIONS
12.1 (1) Definitions
(2) Interpretation
12.2 (1) Subsequent regulations
(2) Time for making subsequent regulations
12.3 (1) Amalgamation — one new division
(2) Amalgamation — two or more divisions
(3) Agreement to be filed with the minister
(4) If no agreement reached
(5) Arbitrator to file report
(6) Report binding
(7) Content of agreement or arbitration report
(8) Determination of "primary workplace"
(9) No change in conditions for employees
(10) Duties and responsibilities may be modified
(11) No compensation
(12) Effect of transfer re: rights and property etc.
13 Dissolution of remote school district
NORTHERN SCHOOL DIVISION
14 (1) Establishment of school division
(2) Alteration, etc. of area
(3) Contents of order
(4) School board is a corporation
15 Limitation on order
16 (1) Appointment of official trustee
(2) Salary
17 (1) Definitions
(2) Areas and wards
(3) Local school committees to be established
(4) Election of local school committees
(5) Qualifications of local school committee members
(6) Functions of local school committees
(7) Area advisory committees to be established
(8) Election of area advisory committees
(9) Vacancies on area advisory committees
(10) Functions of area advisory committees
(11) School board of northern school division
(12) Election of school board
(13) Vacancies on school board
17.1 (1) Frontier Collegiate Institute (Cranberry Portage) advisory committee
(2) Function of Frontier Collegiate Institute advisory committee
18 (1) Powers of official trustee
(2) Special powers of official trustee
19 Estimate of approved expenses
20 (1) Appeal of apportionment
(2) Levies
21 Special grants
PART I.1
FRANCOPHONE SCHOOL DIVISION
DEFINITIONS
21.1 Definitions
FRANCOPHONE SCHOOL DIVISION
21.2 (1) Francophone school division established
(2) Regions
(3) Amendment
21.3 Act applies to the francophone school division
FRANCOPHONE SCHOOL BOARD
21.4 (1) Francophone school board
(2) Number of trustees
21.5 (1) Duty to provide programs
(2) Programs where numbers warrant
(3) Repealed
21.6 (1) Agreements with other boards
(2) Directed agreement
21.7 Board may promote programs and language
21.8 Repealed
ADVISORY GROUPS AND SCHOOL COMMITTEES
21.9 (1) Advisory groups
(2) Formation and mandate
21.10 to 21.12 Repealed
21.13 (1) School committees
(2) Formation and mandate
21.14 Repealed
ENTITLEMENT TO ATTEND PROGRAMS
21.15 (1) Children of entitled persons to be admitted
(2) Admission of non-fluent children
(3) Board may require information from parent
(4) Entitlement of children in transferred program
(5) Admission of other children
(6) Non-resident pupils: programs and costs
21.16 Admissions committee
21.17 Appeal to minister re admissions
SCHOOLS AND PROGRAMS OPERATED BY THE FRANCOPHONE SCHOOL BOARD
Transfer of Programs and Schools
21.18 Repealed
21.19 (1) Repealed
(2) Whether other programs in same school
(3) Date of transfer
21.20 and 21.21 Repealed
21.22 (1) Transfer of ownership: exclusive use schools
(2) Transfer of ownership: shared use schools
(3) Transfer without compensation
(4) Liabilities and obligations
21.23 Agreements re shared use
21.24 (1) Disputes
(2) Minister may refer a matter
(3) Committee
(4) Authority of committee
(5) Committee's determination binding
(6) Costs
21.25 (1) Request to transfer school or program
(2) Who may make a request
(3) Referral to the board of reference
21.26 (1) Hearing and determination
(2) Notice of hearing
(3) Publication of notice
(4) Report
(5) Notice of the determination
(6) Limitation
21.27 (1) Regulation transferring program
(2) Transfer of program and property
21.28 Individual rights preserved
Discontinuance of Programs by Provider School Boards
21.29 Discontinuance of program by provider school board
TRANSPORTATION OF PUPILS
21.30 (1) Transportation of pupils
(2) Directed agreement
LANGUAGE OF INSTRUCTION AND ADMINISTRATION
21.31 (1) Language of instruction
(2) English as subject of instruction
(3) Exception for first three years
(4) Exception for technical and vocational programs
21.32 (1) Language of administration
(2) Exception
FINANCIAL MATTERS
21.33 (1) Estimate of expenses and revenues
(2) Application of Part IX
21.34 Financial support
ELECTING TRUSTEES OF THE FRANCOPHONE SCHOOL BOARD
21.35 (1) Election of trustees
(2) Conduct of elections
(3) Municipal Councils and School Boards Elections Act does not apply
21.36 (1) Electoral divisions
(2) Period regulation remains in force
21.36.1 (1) Changes in electoral divisions
(2) By-law effective for next general election
21.37 (1) Extended meaning of "entitled person"
(2) Qualifications of voters
(3) Additional voters determined by regulation
(4) Eligibility to vote in other elections
21.38 (1) Qualifications of francophone school trustees
(2) Persons not qualified
(3) Employee elected as trustee
21.39 and 21.40 Repealed
21.41 Oath of office
21.42 Repealed
REGULATIONS
21.43 Regulations
21.44 to 21.49 Repealed
PART II
SCHOOL BOARDS
21.50 General election of school board every four years
22 (1) Qualifications of school trustees
(2) Persons who are disqualified
(3) Employee elected as trustee
23 Repealed
24 (1) Number of trustees
(2) Establishing the size of school board
(3) Referral to board of reference
24.1 Definitions
24.2 (1) Reserve may be prescribed as a ward
(2) Considerations
(3) Ward of only one school division
(4) Size of school board increased
(5) Residency requirements
(6) Limitation
24.3 (1) When ward ceases
(2) Matter of numbers referred to board of reference
(3) Hearing and recommendation of board of reference
(4) Seat forfeited
25 (1) Term of office
(2) Repealed
(3) Repealed
(4) Repealed
(5) Commencement of term of office
(6) and (7) Repealed
(8) Oath of office
(9) Repealed
26 (1) Filling of vacancies
(2) Vacancy in final year of term
(3) Warrant for new election
(4) Organization of board despite irregularity
(5) New election to fill vacancy
(6) Vacancy after election
(6.1) Provision does not apply in case of a tie or death
(7) Unexpired term
27 Repealed
OFFICIAL TRUSTEE
28 (1) Appointment of official trustee
(2) Powers of official trustee
(3) Retirement of former officials
(4) Retirement of official trustee
(5) Appointment of deputies
(6) Reporting positions of trust
MEETINGS OF TRUSTEES
29 (1) First meeting
(2) Election of chair and vice-chair
(2.1) Trustee may conduct election
(2.2) Term of chair and vice-chair
(3) Tie vote
30 (1) Emergency meeting
(2) Notice of school board meetings
(3) Open meeting of school board
(4) Committee meetings
(5) Maintaining order by conduct and deciding questions
(6) Removal of persons from meetings
31 Chairman to preside
32 Vice-chairman to preside
33 (1) Rules of procedure
(2) Reversal of decisions
(3) Reversal by unanimous consent
34 Powers of trustees in case of illegal election or vacancy
35 Corporate acts must be done at school board meetings
TRUSTEE CODE OF CONDUCT
35.1 (1) Code of conduct
(2) Content
35.2 (1) Enforcement of code of conduct
(2) Motion re sanction
(3) Sanctioned member not considered to be absent
(4) Effect on indemnity
35.3 (1) Appeal to adjudicator
(2) Appeal must be made within 10 days
(3) Power of adjudicator
(4) Costs
35.4 Regulations
35.5 Special application: breach of confidentiality
CONFLICT OF INTEREST
36 (1) Definitions
(2) Subsidiary corporation
(3) Control
37 (1) Indirect pecuniary interest
(2) Exception for indemnity or expenses
(3) No pecuniary interest in certain transactions
(4) Indirect pecuniary liability
(5) Interest or liability must be significant
(6) Appointments to commissions, boards and agencies
(7) Employees of public bodies
(8) Contribution to budget
38 (1) Disclosure during meetings
(2) All official meetings included
(3) Absence from meeting
(4) Record of compliance
39 (1) Central record of disclosures
(2) Information disclosed at open meeting
(3) Information disclosed at closed meeting
(4) Central record open to public
39.1 (1) Reduced quorum
(2) Application to minister
(3) Order of Board of Reference
(4) Referral to school board of school district
39.2 Voidability of transaction or procedure
39.3 (1) Statement of assets and interests
(2) Notification of failure to comply
(3) Further statement after acquisition or disposal
(4) Assets and interests that must be disclosed
(5) General exemptions
(6) Continuing disclosure
(7) Statements not available to public
(8) Exception for trustees
(9) Limited disclosure
39.4 (1) Insider information
(2) Compensation for services
(3) Use of influence
39.5 (1) Right to appear
(2) "Meeting" defined
(3) No right to vote
39.6 (1) Disqualification for violation or conviction
(1.1) Result of disqualification
(1.2) Eligibility at next election
(2) Disqualification for failure to file statement
(3) Effect on other business
39.7 (1) Application by secretary-treasurer to Q. B.
(2) Application by voter to Q.B.
(3) Affidavit and security for application
(4) Summary dismissal or authorizing of application
(5) Disposition after hearing
(6) Penalty for violation
(7) Unknowing or inadvertent breach
(8) Election not to preclude application
(9) Application for restitution
(10) Limitation period for declaration
(11) Limitation period for order of restitution
(12) No other proceedings
39.7.1 (1) Regulations re electronic meetings
(2) Minimum attendance required
39.8 Declaration that seat vacant
40 (1) Bonding of officials
(2) Bonding of official trustees and secretary-treasurers
(3) Execution of bonds
(4) Adequacy of bond
(5) Additional bond coverage
PART III
POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
DUTIES OF SCHOOL BOARDS
41 (1) Certain duties of school boards
(1.1) Regulations — appropriate educational programming
(1.2) Moratorium on closing schools
(1.3) Minister's approval
(1.4)
(1.5) Appropriate use policy for Internet, etc.
(1.6) Respect for human diversity policy
(1.7) Regard for principles of human rights
(1.8) Student activities and organizations
(2) Request for deduction and payment of dues
(3) Method of deduction and payment
(4) Instructional responsibilities of school boards
(5) Programs not offered locally
(5.1) Transfer of pupil where program offered locally
(6) Regulations
(7) Tuition fees for Indian pupils
(8) Appointment of auditor
(8.1) Qualifications of auditor
(8.2) Report name to minister
(9) Annual audit
(10) Method of audit
(11) Auditor's report
(11.1) Repealed
(11.2) Standards of the C.I.C.A.
(12) Auditor's supplementary report
(12.1) Ministerial regulations
(13) Delivery of copies
(14) Financial statement to minister
(15) Repealed
41.1 (1) Definition of "accumulated deficit"
(2) Obligations where accumulated deficit
(3) Action by minister
42 Annual estimates
PUPIL FILES
42.1 Storage of information
42.2 Definition of "pupil file"
42.3 (1) Access to pupil file
(2) Refusal of access
(3) Consent of adult pupil
42.4 (1) Definition of court
(2) Appeal to court
(3) Procedure on appeal
(4) Order
(5) Access refused
42.5 Objection to information on pupil file
42.6 Disclosure in good faith
TRANSPORTATION OF PUPILS
43 (1) General limitations
(2) Requirements
(2.1) Transportation contracts
(3) Compensation to parent for transporting
(4) Frequency of payment
(5) Calculation of distance
(6) Limitation on duty to provide conveyance
43.1 (1) Extended travel times
(2) Phasing in extended travel time reductions
(3) Regulations respecting extended travel times
44 Insurance required
45 Minister may deduct premium from grant
46 (1) Regulations respecting school transportation
(2) Highway Traffic Act
47 Approval of transportation
SAFE SCHOOLS
47.1 (1) Codes of conduct and emergency response plans
(2) Content of code of conduct
(2.1) Repealed
(3) Content of emergency response plans
47.1.1 (1) Reporting to the principal
(2) Principal to notify parent or guardian
(3) Content of notice
(4) Limitation re personal information
(5) Additional obligation
(6) Definition of "unacceptable conduct"
(7) Regulations
47.1.2 (1) Expanded duty to report cyberbullying
(2) Application
FOOD PROVIDED AT SCHOOLS
47.2 (1) Artificial trans fat banned in schools
(2) Interpretation
(3) Exception
(4) Definitions
ANAPHYLAXIS
47.3 Anaphylaxis policy
COMMUNITY USE OF SCHOOLS
47.4 (1) Community use policy
(2) Content of policy
(3) Fees limited to amounts necessary to recover costs
(4) Monitoring use
(5) Implementation
POWERS OF SCHOOL BOARDS
48 (1) General powers of school boards
(2) Powers to expend moneys
(3) Scholarships, bursaries, etc.
(4) Suspension and expulsion
(5) Granting of leave of absence to teachers
(6) Cumulative sick leave
(7) Insurance coverage
48.1 (1) Rights of employees respecting elections
(2) Leave of absence
(3) Reinstatement of unsuccessful candidate
(4) Leave of absence for elected candidate
(5) Definitions
49 (1) Agreement respecting regional vocational schools
(2) Membership of governing board
(2.1) Agreement to continue regional vocational school
(3) Powers and duties of board
(4) Exceptions
(5) Subsidiary agreements
(6) Additional transportation powers
50 (1) Pensions for non-teachers
(2) Optional plan
(3) Contribution by school boards
(4) Protected from attachment and not assignable
SUPERINTENDENT
51 Appointment of superintendent
52 (1) Delegation of powers and duties to superintendent
(2) Assignment of principal's duties to superintendent
SECRETARY-TREASURER
53 (1) Appointment of secretary-treasurer
(2) Notice of appointment
(3) Payment of accounts
(4) Payment of accounts without approval
(5) Secretary-treasurer to report occupations of trust
54 (1) Powers of auditors
(2) Duty to assist auditors
(3) Duty to account
55 (1) Recording of minutes
(2) Right to examine
(3) Penalty
PRINCIPALS
55.1 (1) Duties of principal
(2) Board policies — promotion of pupils
(3) Achievement to determine promotion of pupils
55.2 Consultation re annual school plan
55.3 (1) Information to parents re parent involvement
(2) Interpretation: "school-based parent group"
GENERAL PROVISIONS
56 (1) Payment of annual indemnity
(2) Additional indemnities
(3) Reimbursement for expenses
(4) School funds
(5) Exclusion of student council funds
57 (1) Alteration of wards and numbers of trustees
(2) Population of wards
(3) Representation quotient
(4) Action to preserve equality by population of wards
(5) Variation in population basis
(6) School board may not pass by-law
(7) Approval of the minister
(8) Referendum
(9) Effective date
57.1 Restriction re at large elections
58 (1) Appeal against action of school board
(2) Procedure on appeal

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

 

 


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