5th Session, 40th Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
Bill 7
THE PUBLIC SCHOOLS AMENDMENT ACT (PROTECTING CHILD CARE SPACE IN SCHOOLS)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
WHEREAS significant public funds have been invested in providing child care space in schools;
AND WHEREAS licensed child care centres in schools let children move seamlessly between child care and school within a safe, secure and nurturing environment;
AND WHEREAS families, school boards and child care centres all benefit by being able to plan knowing that the child care space will continue to be available;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Public Schools Act is amended by this Act.
The following is added after section 47.4 and before the centred heading that follows it:
The following definitions apply in this section and in sections 47.6 and 47.7.
"licensed child care centre" means a child care centre that is licensed under The Community Child Care Standards Act. (« garderie autorisée »)
"licensee" means the person who holds the licence for a licensed child care centre. (« titulaire de licence »)
Child care space to be maintained in schools
A school board must ensure that space within a school available for use by a licensed child care centre equals or exceeds the amount determined in accordance with the following formula:
A × B
In this formula,
A is the greater of
(a) the number of licensed child spaces in the school on June 1, 2014, or
(b) the highest number of licensed child spaces in the school on June 1, in any year after 2014; and
B is, for the number of child care spaces under A, the amount of physical space necessary for the child care centre be licensed under The Community Child Care Standards Act.
Space may be reduced by consent
Despite subsection (2), a school board and the licensee may agree that the space allotted for the licensed child care centre be reduced, in which case the school board must ensure that the space agreed to is provided.
Minister must agree to reduced space
An agreement under subsection (3) is not effective until it is approved in writing by the minister.
If a school board wishes to move the space used by a licensed child care centre to another part of the school, the board must notify the licensee in writing that its space will be moved at the end of the period set out in the notice.
The period set out in a notice must not be less than the prescribed period.
Moving a child care centre between schools
A school board and the licensee may agree to move a licensed child care centre from one school to another.
A school board may require a licensee to move its licenced child care centre from one school to another if the board
(a) obtains the minister's written consent to the move; and
(b) notifies the licensee in writing that its space will be moved at the end of the period set out in the notice.
The period set out in a notice must not be less than the prescribed period.
The minister may consent to a licensed child care centre being moved from one school to another if he or she is satisfied that
(a) the move is necessary for an educational purpose; and
(b) the space the centre will be moved into is appropriate and complies with section 47.5.
In this section, "school" includes any building that is school property.
The minister may make regulations prescribing the minimum period for notices given under sections 47.6 and 47.7.
This Act comes into force on the day it receives royal assent.