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3rd Session, 42nd 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 64

THE EDUCATION MODERNIZATION ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                        )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Education Act

1

The Education Act set out in Schedule A is hereby enacted.

Statute Law Amendment Act (Education Modernization)

2

The Statute Law Amendment Act (Education Modernization) set out in Schedule B is hereby enacted.

Public Schools Amendment Act

3

The Public Schools Amendment Act set out in Schedule C is hereby enacted.

Coming into force

4(1)

Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

4(2)

The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.


SCHEDULE A

THE EDUCATION ACT

SUMMARY OF PARTS


TABLE OF CONTENTS

Section

PART 1

INTRODUCTORY PROVISIONS

1

Education system — governance, local participation, delivery

2

Partners in education

3

Parental choice

4

Parental and student participation

5

Definitions

PART 2

ACCESS TO EDUCATION

6

Right to attend public school

7

Obligation to attend school

8

Obligation — provincial education authority

9

Resident student status

10

School year and school day

11

Holidays

12

Regional catchment areas

PART 3

MINISTER AND DEPARTMENT

13

Responsibility of minister, department

14

Provincial objectives and priorities

15

Minister may determine who provides educational services

16

Accountability agreement

17

Directive power

18

Assessing program effectiveness and student achievement

19

Regulations — standards, reporting and evaluation

20

Programs and courses

21

Specific types of schools

22

Regulations — student conduct

23

Regulations — principals

24

Teacher education and certification

25

Regulations — teachers

26

Clinicians

27

Limited teaching permits

28

Administration

29

Records

30

Information sharing

31

Copyright agreements

32

Regulations — scholarships and bursaries

33

Minister may appoint commission of inquiry

34

Advisory committee

35

Instruction in public institutions

36

Post-secondary institution offering high school programming

PART 4

PROVINCIAL EDUCATION AUTHORITY

37

Provincial education authority established

38

Corporations Act does not apply

39

Mandate

40

Duty of the authority board

41

Composition of authority board

42

Term of office

43

Vacancy, oath of office

44

Remuneration and expenses

45

By-laws, committees

46

Required policies

47

Regulations — code of conduct, conflict of interest policy

48

Meetings

49

Conduct, corporate acts

50

Chief executive officer

51

Duties — conduct of schools

52

Additional powers — conduct of schools

53

Authority board may make policies

54

Provincial education authority must comply

55

Specific duties

56

Appropriate educational programming

57

Reporting requirements — public matters

58

Textbooks and other materials

59

Agreements

60

Miscellaneous powers

61

Scholarships, bursaries and awards

62

Certain powers for northern regional catchment area

63

Restriction — tuition fees

64

Suspension and expulsion

65-68   Student files

69

Directors of education

70

Role

PART 5

LOCAL PARTICIPATION IN PUBLIC EDUCATION SYSTEM GOVERNANCE

71

Provincial advisory council on education

72

Role of advisory council

73

Role re provincial education authority

74

Composition

75

Term of office

76

Eligibility

77

Chair and vice-chair, committees

78

Remuneration and expenses

79

Meetings

80

Terms of reference

81

Annual report

82

Advisory council member must meet with director of education

83

Regulations — advisory council

84

School community councils

85

Parents are members

86

Composition of executive

87

School principal and teacher representative

88

Parental engagement officer

89

Council subject to Act

90

Public reporting

91

Information parent must receive

92

Regulations — school community councils

93

Parental participation

94

Rights of parents

PART 6

PRINCIPALS AND TEACHERS

95

Principal

96

Duties

97

Assessing and promoting students

98

Annual school plan

99

Annual information for parents

100

School funds

101

Students in care of person other than teacher

102

Disturbance at school site

103

Teachers

104

Duties

105

Agreement between teachers and authority

106

Complaint made about teacher

107

Termination of agreement

108

Accumulated teaching service

109

Right of teacher to recover salary

110

Penalty for breach of agreement by teacher

111

Penalty for breach of agreement by authority

112

Access to personnel records

113-116   Certificate Review Committee

117

Society dues

PART 7

PUBLIC SCHOOLS

118

Enrolment and official school programs

119

Student enrolment

120

Program not offered in student's regional catchment area

121

Reporting absences

122

School attendance officers

123

Right to enter

124

Child not considered to be absent

125

Regulations — attendance and absences

126

English and French as languages of instruction

127

Use of other languages

128

Regulations — languages of instruction

129

School flag

130

Patriotic observances

131

Remembrance Day exercise

132

No affiliation

133

Religious instruction

134

Petition for religious exercises

135

Meaning of "bullying"

136

Codes of conduct and emergency response plans

137

Unacceptable conduct

138

Policy — respect for human diversity

139

Policy — student promotion

140

Policy — students at risk

141

Policy — discipline and behaviour management

142

Policy — suspension and expulsion

143

Policy — appropriate use of Internet, etc.

144

Policy — potentially sensitive content

145

Policy — community use of schools

146

Student lunches

147

Policy — school food and nutrition

148

Artificial trans fat banned in schools

149

Policy — anaphylaxis

150

Medical and dental assessments

151

Requirement to provide transportation

152-155   Community schools

PART 8

FINANCIAL ADMINISTRATION AND PROPERTY

156

Fiscal year

157

Budget preparation

158

Budget consultations and approval

159

Budget to be submitted to minister

160

Spending during the fiscal year

161

Auditor

162

Financial statement provided to minister

163

Accumulated deficit

164-173   Borrowing

174

General powers

175

Powers to expend money

176

Powers re money — approval required

177

Deposit of funds

178

Authority for reserves

179

Investments

180

Power to acquire property

181

Approval required to acquire property

182

Expropriation

183

Power to mortgage

184

Disposal of land or buildings

185

Notice of intention to dispose of land

186

Payment to Consolidated Fund

187

Purchased land exempt from restrictions, development schemes

188

Purchase of encumbered land

189

Disposal of mines and minerals

190

Pedestrian safety part of school design

191

Temporary pedestrian safety measures

192

School closure criteria and process

193

Pension plan for non-teacher employees

194

Debt due from municipality

195

Agreements — Internet services

PART 9

FUNDING

196

Definitions

197

Application of Part in L.G.D. and special localities

198

Assessment data

199

Capital support program

200

Operational support program

201

Operational support

202

Notice

203

Provincial education authority reporting

204

Special reductions in support

205

Amount to be raised by education support levy

206

Amount to be raised by municipality

207

Statement to municipalities

208

Council to impose education support levy

209

Remittance of education support levy

210

Assessment notice, apportionment

211

Statement to municipalities

212

Special levy in municipalities

213

Remittance ofamounts

214

Interest charges

215

Transfer of special levy to francophone school division

216

Special grants

217

Grants to educational organizations

218

Regulations — funding

PART 10

TEACHER COLLECTIVE BARGAINING

219

Definitions

220

Application — Manitoba Institute of Trades and Technology

221

Labour Relations Act applies

222

Division does not apply to Crown

223

Application

224

Status as employer not affected

225

Teachers' bargaining agent

226

Exclusive authority of teachers' bargaining agent

227

Employers organization for employers

228

Teachers' collective agreements

229

Meaning of "party" for arbitration proceedings

230

When arbitration may be initiated

231

Terms and conditions of agreement continue in effect

232

Deemed final settlement provision

233

Arbitration award

234

Collective agreement signed

235

Collective agreement binding

236

Strike by teachers prohibited

237

Lockout by employers prohibited

238

Penalty for illegal lockout

239

Application of Division to francophone school division 

PART 11

FRANCOPHONE SCHOOL DIVISION

240

Definitions

241

Francophone school division established

242

Act applies to francophone school division with exceptions

243

Francophone school board

244

Appointment of superintendent

245

Appointment of secretary-treasurer

246

Minutes

247

Duty to provide programs

248

Agreements

249

Directed agreement

250

Francophone school division may promote programs and language

251

By-laws

252

Audit committee

253

School committees

254

Entitlement to attend programs

255

Admissions committee

256

Appeal to minister re admissions

257

Whether other programs in same school

258

Transfer of ownership — exclusive use schools, shared use of schools

259

Agreements re shared use

260

Disputes

261

Request to transfer program or school

262

Hearing and determination

263

Regulation transferring program

264

Individual rights preserved

265

Discontinuance of program by provincial education authority

266

Directed agreement — transportation

267

Language of instruction

268

Language of administration

269

Estimates of expenditures and revenues

270

Financial support

271

Election of trustees

272

Electoral divisions

273

Changes in electoral divisions

274

Qualifications of voters

275

Qualifications of francophone school trustees

276

Oath of office

277

Term of office

278

First meeting, election of chair, vice-chair and advisory council representative

279

Emergency meeting

280

Chair to preside

281

Vice-chair to preside

282

Rules of procedure

283

Powers of trustees in case of illegal election or vacancy

284

Corporate acts must be done at board meetings

285

Code of conduct

286

Enforcement of code of conduct

287

Appeal to adjudicator

288

Regulations — code of conduct

289

Special application: breach of confidentiality

290

Definitions — conflict of interest

291

Indirect pecuniary interest, liability

292

Disclosure during meetings

293

Central record of disclosures

294

Reduced quorum

295

Voidability of transaction or procedure

296

Statement of assets and interests

297

Insider information

298

Right to appear

299

Disqualification for violation or conviction

300

Application to court

301

Regulations — electronic meetings

302

Declaration that seat vacant

303

Payment of annual and additional indemnity

304

Failure to account

305-307   Board of reference

308

Official Trustee

309

Regulations — francophone school division

PART 12

INDEPENDENT SCHOOLS AND HOME SCHOOL ARRANGEMENTS

310

Independent schools

311-313   Registration

314

Child not in attendance while at non-compliant school

315

Grants for independent schools

316

Independent school must comply

317

Reporting absences

318

Reporting teacher misconduct

319

Facilities and resources agreement

320

Transportation agreement

321

Minister's inquiry powers re independent schools

322

Inspectors and inspection schedule

323

Home school arrangements

324

Notification, limit

325

Child not in attendance while under non-compliant arrangement

326

Information to be provided to minister

327

Periodic progress reports

328

Regulations — home school arrangements

PART 13

GENERAL MATTERS

329

Mature student may exercise parental rights and responsibilities

330

Offence re failure of child to attend school

331

Parent must pay school taxes even if child attends school in other catchment area, etc.

332

Recovery of debts

333

Prohibition on employment during school hours

334

Exclusion from school — public health

335

Disturbances prohibited

336

Census of students

337

Duty to account

338

Rights of employees — elections

339

Leave of absence for elected candidate

340

Exemption from liability in certain cases

341

Documentary and certificate evidence

342

Confidentiality

343

Penalty for contravention of the Act

344

Regulations — general matters

345

Regulations — differential treatment

PART 14

EDUCATION SYSTEM TRANSITION

346

Purpose

347

Minister may obtain transition information

348

Directives — transition planning

349

Provincial education authority established

350

Transition mandate

351

General powers

352

Appointment of employers

353

Provincial education authority must comply

354

Duty of the transition authority board

355

Number of board members

356

By-laws

357

Meetings

358

Corporate acts must be done at board meetings

359

Regulations — powers, transition

360

Related amendments

361

Repeal — Part 14

PART 15

TRANSITIONAL PROVISIONS AND RELATED AMENDMENTS

362

Definitions

363

School board dissolved, effect of dissolution

364

School districts dissolved, effect of dissolution

365

Francophone school division

366

Local school committees, etc. dissolved

367

Dissolution of other entities

368

Continuation of community schools

369

Transitional — securities repayment

370

Transfer of government employees

371

Effect of enactment

372

Regulations — transition

373

Related amendments

374

Effect of continuance

PART 16

REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

375

Repeal

376

C.C.S.M. reference

377

Coming into force


THE EDUCATION ACT

WHEREAS a strong education system is a fundamental element of a democratic and civil society;

AND WHEREAS the purpose of the education system is to serve the educational best interests of the child by supporting the discovery and development of the child's talents and abilities and fostering a love of lifelong learning;

AND WHEREAS the public school system plays an essential role in providing an education to all Manitobans that enables them to become literate, skilled, engaged, ethical, creative and critical thinkers;

AND WHEREAS students are entitled to learn in a welcoming environment that respects diversity and nurtures a sense of belonging;

AND WHEREAS parents have the right and the responsibility to be knowledgeable about and take an active role in the education of their children and the option to choose the type of education for their children — namely, public school, independent school or home school arrangement;

AND WHEREAS the philosophy of inclusion is a foundational principle of the education system in Manitoba and an inclusive system takes into account the diverse needs and interests of the people of Manitoba and contributes to the development of a fair, compassionate, healthy and prosperous society;

AND WHEREAS students need to develop competencies for today and the future and be prepared for a smooth transition from high school education to advanced education or entry into the workforce;

AND WHEREAS the education system requires knowledgeable, skilled and committed educators in order to be effective;

AND WHEREAS it is in the public interest to further harmonious relations between teachers and their employer through a process of collective bargaining consistent with the principle that resources must be managed efficiently and effectively;

AND WHEREAS the Government of Manitoba believes in and is committed to an education system that honours the rights guaranteed by the Constitution of Canada in respect of minority language education as supported by the francophone school division;

AND WHEREAS the Government of Manitoba is committed to encouraging all partners in the education system to work together to advance reconciliation and ensure the educational success of Indigenous students;

AND WHEREAS parental and community engagement in school planning plays an important role in providing public education that is responsive to local needs and conditions;

AND WHEREAS education is a shared responsibility and requires collaboration, engagement and empowerment of all partners in the education system to ensure that all students are provided with effective learning opportunities and supports necessary to achieve success;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTRODUCTORY PROVISIONS

EDUCATION SYSTEM IN MANITOBA

Education system — governance

1(1)

The education system in Manitoba is governed by

(a) the minister responsible for the administration of this Act and the minister's department;

(b) the board of the provincial education authority;

(c) for francophone students, the elected board of trustees of the francophone school division.

Education system — local participation

1(2)

The public education system in Manitoba provides for local participation through

(a) school community councils;

(b) the provincial advisory council on education;

(c) parent representation on the board of the provincial education authority;

(d) school committees of the francophone school division.

Education system — delivery

1(3)

The following types of education are delivered in Manitoba:

(a) a public school education;

(b) an independent school education;

(c) a home school arrangement.

Partners in education

2

Parents, students, the minister, the provincial education authority, the francophone school board and division and its school committees, the provincial advisory council on education, school community councils, directors of education, parental engagement officers and principals, teachers and school staff are partners in education.

Parental choice

3

A parent may choose the type of education that is to be provided to the parent's child.

Parental participation

4(1)

As a partner in education, a parent

(a) acts as the primary guide and decision-maker with respect to their child's education;

(b) takes an active role in their child's educational success;

(c) ensures that the parent's conduct contributes to a safe, caring and inclusive learning environment that fosters and maintains respectful and responsible behaviours;

(d) encourages and advances collaborative and positive relationships with principals, teachers and other school staff providing supports and services in the school; and

(e) engages with their child's school community.

Student participation

4(2)

As a partner in education, a student

(a) attends school punctually and ready to learn and actively engage in and diligently pursue their education;

(b) ensures that their conduct contributes to a safe, caring and inclusive learning environment that fosters and maintains respectful and responsible behaviours;

(c) respects the rights of others in the school;

(d) complies with school rules and policies; and

(e) positively contributes to their school community.

DEFINITIONS

Definitions

5(1)

The following definitions apply in this Act.

"advisory council" means the Provincial Advisory Council on Education established by section 71. (« Conseil consultatif »)

"authority board" means the board of the provincial education authority.

"authority board member" means a member of the board of the provincial education authority.

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with that other person in a conjugal relationship of some permanence. (« conjoint de fait »)

"compulsory school age" has the meaning in subsection 7(1). (« âge scolaire obligatoire »)

"course" means a specific unit of study. (« cours »)

"department" means the department as described in subsection 13(2). (« ministère »)

"director of education" means a director of education appointed under subsection 69(1). (« directeur de l'éducation »)

"educational programming" means programs, courses and learning outcomes. (« programme d'éducation »)

"educational services" means educational programming and support services for the administration and operation of the education system. (« services pédagogiques »)

"family" includes a common-law partner. (« famille »)

"fiscal year" means the fiscal year described in section 156. (« exercice »)

"francophone school board" means the board of trustees of the francophone school division. (« commission scolaire francophone »)

"francophone school division" means the francophone school division established under subsection 241(1). (« division scolaire francophone »)

"independent school" means an independent school registered under subsection 311(1). (« école indépendante »)

"legal guardian" means a person appointed or recognized as the guardian of a child under The Child and Family Services Act. (« tuteur »)

"mature student" means a student who is 18 years of age or older. (« élève adulte »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)

"official school program" means a series or group of courses leading to a graduation diploma. (« programme scolaire officiel »)

"prescribed" means prescribed by regulation.

"provincial education authority" means the Provincial Education Authority established by section 37. (« Autorité »)

"public school" means a school operated by the provincial education authority or the department. (« école publique »)

"regional catchment area" means a regional catchment area designated under section 12. (« région de recrutement »)

"regulation" means a regulation made under this Act. (« règlement »)

"resident student" means a student who meets the criteria under section 9. (« élève résident »)

"school" means public school unless the context requires otherwise. (« école »)

"school age" has the meaning in subsection 6(2). (« âge scolaire »)

"school community council" means a school community council established under subsection 84(1). (« conseil scolaire communautaire »)

"school site" means the school building or buildings and the grounds or any part of them. (« emplacement scolaire »)

"student file" means a record or collection of records respecting a student's attendance, academic achievement and other related matters possessed or controlled by the provincial education authority. (« dossier scolaire »)

"student teacher" means a student engaged in practice teaching while enrolled in a teacher education program at a recognized teacher education institution. (« enseignant en formation »)

"teacher" means a person who hold a valid and subsisting teacher's certificate or a limited teaching permit or who is authorized in accordance with the regulations. (« enseignant »)

Registered common-law relationship

5(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.

References

5(3)

In this Act,

(a) a reference to a "parent" includes a legal guardian; and

(b) a reference to "this Act" includes the regulations made under this Act.

PART 2

ACCESS TO EDUCATION

RIGHTS

Right to attend public school

6(1)

Every individual has the right to attend public school in a regional catchment area if the individual is

(a) of school age; and

(b) resident in the regional catchment area.

Meaning of "school age"

6(2)

An individual

(a) is of school age if the individual

(i) is at least five years old on the first day of the fall term of a school year, or

(ii) will turn five years old on or before December 31 of the school year in which the fall term begins; and

(b) ceases to be of school age on the earlier of

(i) the day the individual receives a graduation diploma or certificate of completion, or

(ii) the last school day of June in the year in which the individual turns 21 years old.

Parent's right to have child attend public school

6(3)

A person who is resident in Manitoba is entitled to enrol their school-age child in a program in a public school in the regional catchment area in which they reside.

OBLIGATIONS

Meaning of "compulsory school age"

7(1)

A child is of compulsory school age if, on the first day of the fall term of a school year, the child is at least six years old (or will turn six years old on or before December 31 of that year) but not more than 17 years old.

Child's obligation to attend school

7(2)

A child must attend school regularly if they are of compulsory school age.

Parent's obligation to ensure child attends school

7(3)

A parent of a compulsory school-age child must ensure that the child attends school regularly.

Provincial education authority's obligation

8

The provincial education authority must make educational programming from kindergarten to Grade 12 available to every individual who has the right to attend school.

RESIDENT STUDENT STATUS

Resident student

9(1)

An individual is resident in a regional catchment area in the following circumstances:

1.

The individual is a child and the parent with whom the individual lives is a Canadian citizen or permanent resident who resides in the regional catchment area.

2.

The individual is a child and the parent with whom the individual lives is the holder of a temporary resident work or study permit who resides in the regional catchment area.

3.

The individual is a resident of the regional catchment area as a result of the application of The Child and Family Services Act or the Youth Criminal Justice Act (Canada).

4.

The individual is 18 years of age or older and a Canadian citizen or permanent resident who resides in the regional catchment area.

Minister may designate child as area resident

9(2)

If none of the criteria in subsection (1) is met, the minister may designate an individual as a resident in a regional catchment area in accordance with the regulations.

Limit on meaning of residence

9(3)

For the purpose of subsection (1), an individual resides in a place if it is where the individual ordinarily lives and sleeps and to which, when absent from the residence, the individual intends to return.

Regulations

9(4)

The Lieutenant Governor in Council may make regulations

(a) governing additional circumstances in which an individual is considered to be resident in a regional catchment area, including the circumstances when a child temporarily lives with a responsible adult who is not the child's parent;

(b) respecting designations under subsection (2).

Definitions

9(5)

The following definitions apply in this section.

"Canadian citizen or permanent resident" means a Canadian citizen or permanent resident as defined in the Immigration and Refugee Protection Act (Canada). (« citoyen canadien ou résident permanent »)

"temporary resident work or study permit" means a temporary resident work or study permit under the Immigration and Refugee Protection Act (Canada). (« permis de travail ou d'études pour résident temporaire »)

SCHOOL YEAR AND SCHOOL DAY

Number and length

10(1)

The number of instructional days in a school year and the length of the school day are set by regulation.

Regulations — school year, school day

10(2)

The minister may make regulations

(a) prescribing the number of instructional days in a school year;

(b) respecting the scheduling of non-instructional days for teachers, including by requiring the scheduling of a non-instructional day on the election day of a fixed date election as defined in The Elections Act;

(c) prescribing the length of vacations;

(d) prescribing the hours of the school day for students.

Holidays

11(1)

The following days must be school holidays:

(a) every Sunday;

(b) every Saturday, except as permitted by subsection (3);

(c) every day named a holiday in the regulations;

(d) every day designated by the Governor in Council or the Lieutenant Governor in Council as a general holiday.

Holiday falls on Sunday

11(2)

Except for Remembrance Day, whenever a holiday other than Sunday falls on a Sunday, the following Monday must be a school holiday.

Teaching on Saturdays

11(3)

Subject to the minister's approval, teaching may be done in any school on a Saturday. In that case, the day is deemed to be an instructional day for that school.

REGIONAL CATCHMENT AREAS

Geographic area designated

12(1)

For the purpose of facilitating the administration of the education system in Manitoba by geographic area, the Lieutenant Governor in Council may, by regulation, designate any portion of Manitoba as a regional catchment area.

Description of boundaries and name

12(2)

The regulation designating the regional catchment area must describe the boundaries of the area and give the area a name in the following form:

The ________________ Regional Catchment Area

Use of maps

12(3)

The regional catchment area is sufficiently described if its boundaries are indicated on a map adopted or incorporated by reference in the regulation.

Change of name

12(4)

The Lieutenant Governor in Council may, by regulation, change the name of a regional catchment area.

Alteration of boundaries

12(5)

The Lieutenant Governor in Council may, by regulation,

(a) alter the boundaries of a regional catchment area;

(b) annex the whole or any part of a regional catchment area to another regional catchment area.

PART 3

MINISTER AND DEPARTMENT

Responsibility of minister

13(1)

The minister is responsible for the general supervision and administration of this Act and the general supervision of, and strategic planning for, the education system in the province.

Department

13(2)

The minister presides over and directs the government department established by the Lieutenant Governor in Council responsible for elementary and high school education in the province.

Department deputy and staff

13(3)

A deputy minister and other employees required to conduct the business of the department may be appointed in accordance with The Civil Service Act.

EDUCATION SYSTEM LEADERSHIP
AND OVERSIGHT

Provincial objectives and priorities

14

The minister must establish objectives and priorities for the education system in the province.

Minister may determine who provides educational services

15

The minister may determine which educational services are to be administered, delivered or provided for by the provincial education authority and which educational services are to be administered, delivered or provided for by the department.

Accountability agreement

16(1)

The minister must enter into an accountability agreement with the provincial education authority.

Authority required to enter into accountability agreement

16(2)

The provincial education authority must enter into an accountability agreement with the minister within the time period specified by the minister.

Terms of accountability agreement

16(3)

The accountability agreement between the minister and the provincial education authority must include the following terms:

1.

The provincial education authority must operate within the annual budget approved by the minister.

2.

The funding provided for the remuneration of senior employees who hold supervisory or administrative positions of the provincial education authority, including directors of education, must be in accordance with guidelines approved by the minister.

3.

The minister's approval is required before the provincial education authority assumes any debt or payment obligation from a third party.

4.

The provincial education authority is accountable for achieving the standards and performance measures set under this Act or by a directive issued by the minister.

5.

The provincial education authority must comply with the reporting requirements established under this Act, including the requirements for financial reporting and balanced scorecard reporting.

6.

The failure of the provincial education authority to comply with the accountability agreement is a failure to comply with this Act.

7.

The agreement must be in effect for at least one school year.

Additional matters

16(4)

In addition, the accountability agreement may include any other matter required by the minister or agreed to by the parties.

Agreement available to the public

16(5)

Every accountability agreement must be made available to the public on the government's website and the provincial education authority's website.

Power to issue a directive

17(1)

The minister may issue a directive to the provincial education authority that the minister considers appropriate in matters related to this Act, including directives respecting

(a) the attainment of provincial objectives and priorities and standards for the administration, delivery or provision of educational services, including

(i) specifying the outcomes to be achieved by the provincial education authority during a specific time period, and

(ii) specifying the performance measures that are to be used to determine if the specified outcomes have been achieved;

(b) the educational services to be provided by the provincial education authority;

(c) the coordination of the activities of the provincial education authority with the activities of the government or another government agency;

(d) the manner in which the provincial education authority is to carry out its duties and exercise its powers under this Act and its accountability agreement; and

(e) the management or administration of the provincial education authority.

Compliance required

17(2)

The provincial education authority must comply with the directive.

Directives to be made public

17(3)

Within 30 days after issuing the directive, the minister must make the directive public in a manner that the minister considers appropriate.

Minister must assess program effectiveness and student achievement

18(1)

The minister must provide for the assessment of the effectiveness of educational programming and student achievement of learning outcomes.

Information may be published

18(2)

The minister may publish information relating to the assessment of the effectiveness of educational programming and student achievement of learning outcomes.

Regulations — program effectiveness and student achievement

18(3)

The minister may make regulations

(a) prescribing methods and procedures for assessing the effectiveness of educational programming;

(b) prescribing methods and procedures for the assessment and evaluation of any aspect of student achievement of learning outcomes;

(c) respecting information concerning student achievement that the provincial education authority is required to provide to the school community councils and the public and procedures governing the provision of the information;

(d) prescribing standards for the form and content of reporting by teachers to parents on their child's progress and achievement of learning outcomes;

(e) respecting the matters that must be included in an annual school plan.

Regulations — standards, reporting and evaluation

19

The minister may make regulations

(a) respecting standards for the administration, delivery or provision of educational services;

(b) establishing reporting requirements for the provincial education authority, including

(i) financial reporting in relation to budgets and financial statements, and

(ii) balanced scorecard reporting in respect of education programming and administrative support services, including specific outcomes to be achieved, performance measures to be used in determining outcomes and specific outcomes actually achieved;

(c) respecting the evaluation of the administration, delivery or provision of educational services, including requiring the authority to conduct a value-for-money review;

(d) respecting procurement by the provincial education authority;

(e) respecting accounting policies and practices for the provincial education authority.

EDUCATION

Programs and Courses

Powers of the minister — programs and courses

20(1)

The minister may

(a) establish official school programs to be offered by the education system in Manitoba;

(b) establish or approve courses and set the learning outcomes and amount of instructional time for courses;

(c) authorize learning and teaching resources for use in schools;

(d) approve courses or learning and teaching resources submitted to the minister by the provincial education authority.

Regulations — programs and courses

20(2)

The minister may make regulations

(a) prescribing official school programs and courses to be offered by the provincial education authority;

(b) prescribing requirements with respect to course sequencing and advancement;

(c) prescribing requirements for the granting of credits, certificates and diplomas, including requirements for high school completion;

(d) respecting remote learning courses;

(e) prescribing courses that may be taken by students who have completed the requirements for graduation and specifying when fees may be charged for taking such courses and the method for determining those fees.

Regulations — appropriate educational programming

20(3)

The minister may make regulations respecting appropriate educational programming to be provided by the provincial education authority, including

(a) prescribing programming standards for resources and other support services;

(b) establishing a process for resolving disputes regarding the appropriateness of the educational programming provided to a student.

Regulations — alternative activities and programs

20(4)

The minister may make regulations respecting activities and programs, including work training programs, that provide educational benefits in which a child who is at least 15 years old may participate instead of attending school.

Content of regulations

20(5)

Without limitation, a regulation made under subsection (4) may

(a) establish conditions under which and procedures by which children may participate in an activity or program;

(b) establish criteria or standards for the activities or programs, and procedures for determining whether the criteria or standards are satisfied;

(c) prescribe the monitoring and reporting on a child's participation in an activity or program, including governing how and to whom such reports are to be made.

Procedural matters

20(6)

In the case of a child who is at least 16 years old and who has withdrawn from parental control, a regulation under subsection (4) may provide that any right or responsibility given to or imposed on the child's parent is instead given to or imposed on the child.

Schools

Specific types of schools

21(1)

The minister may establish and operate or provide for the establishment or operation of technical, vocational, summer, remote learning, or any other type of school.

International school

21(2)

The minister may enter into an agreement with a person to operate a school in a jurisdiction outside Canada that offers to students in that jurisdiction the courses and programs offered to students in Manitoba.

Regulations — schools

21(3)

The minister may make regulations

(a) respecting the classification and organization of public schools;

(b) governing the establishment and the operation of technical, vocational, summer, remote learning, international, or other similar type of school;

(c) designating the qualifications of persons to be admitted as students of a school referred to in clause (b);

(d) prescribing the fees and charges, if any, to be paid by students of a school operated under clause (b).

Students

Regulations — student conduct

22

The minister may make regulations

(a) respecting the discipline, suspension and expulsion of students;

(b) respecting the conduct of students and staff in schools, including requirements to be contained in a school code of conduct and school emergency response plan;

(c) respecting any other matter related to furthering positive and safe school environments.

EDUCATORS

Principals

Regulations — principals

23

The minister may make regulations

(a) prescribing the duties of principals;

(b) respecting qualifications of teachers who may be eligible for appointment as principals of public schools or to any position involving school administration.

Teachers

Teacher education and certification

24(1)

The minister must approve programs taken by persons enrolled in teacher education institutions for the purpose of teacher certification.

Issuing certificates

24(2)

The minister may issue certificates for teachers for grades or subjects in the form and for the time period set out in the regulations.

Suspending or cancelling certificates

24(3)

The minister may suspend or cancel a certificate issued to a teacher for any cause that the minister considers sufficient.

Reasons for suspension or cancellation

24(4)

The minister, upon suspending or cancelling, the certificate of a teacher under subsection (3), must, without delay, provide the teacher with written reasons for the suspension or cancellation.

Reader's aid

24(5)

For provisions related to the process for suspending or cancelling a teacher's certificate and the Certificate Review Committee, see sections 113 to 116.

Regulations — teachers

25

The minister may make regulations

(a) respecting certification of teachers, including prescribing the minimum standard of academic and professional education acceptable for the certification of teachers;

(b) respecting qualifications of teachers;

(c) prescribing the duties of teachers;

(d) respecting standards for professional competency of teachers.

Clinicians

Effect of certification of clinicians

26(1)

A person certified as a clinician is deemed to be a teacher for the purposes of this Act, The Teachers' Pensions Act and The Manitoba Teachers' Society Act. But the person does not have the right or obligation to teach students.

Regulations — clinicians

26(2)

The minister may make regulations

(a) establishing classes of clinicians;

(b) respecting the certification of clinicians;

(c) prescribing the qualifications required by persons to be certified as clinicians.

Limited Teaching Permits

Limited teaching permits

27(1)

The minister may grant a limited teaching permit to any person.

Permit information

27(2)

The permit must state

(a) the subject or subjects and the grade or grades that the person may teach;

(b) the school to which the permit applies; and

(c) the period during which the permit is valid.

Cancellation

27(3)

The minister may cancel a limited teaching permit before the end of the period of validity.

Regulations — limited teaching permits

27(4)

The minister may make regulations respecting limited teaching permits.

ADMINISTRATION

Powers of the minister

28(1)

The minister may

(a) enter into any agreements with any government, government agency or person respecting educational services;

(b) assign a Manitoba education number to the following:

(i) a student who is enrolled or who seeks to be enrolled in a school,

(ii) a student who is enrolled in a school operated by a First Nation, if the school is approved by the minister,

(iii) a student who receives schooling under a home school arrangement,

(iv) a student who is enrolled in remote learning courses offered by the department or the provincial education authority,

(v) a student for whom specific preparations are being made to provide appropriate educational programming,

(vi) a person who is a member of a prescribed class of persons;

(c) order a school to be closed in an emergency or when the minister considers it in the best interest in the community in which the school is located and cancel the order when the emergency no longer exists;

(d) appoint department staff to liaise with independent schools and parents who educate their children under home school arrangements;

(e) approve guidelines for salaries of senior employees of the provincial education authority who are not represented by a bargaining agent; and

(f) establish standards for school sites.

Regulations — administration

28(2)

The minister may make regulations

(a) prescribing the records to be made and maintained by the provincial education authority;

(b) respecting information that the provincial education authority is required to provide to the minister, and the times and form and manner in which the information is to be provided;

(c) respecting the steps to be taken and things to be done with respect to schools in the event of an emergency;

(d) prescribing a class or classes of persons for the purpose of assigning a Manitoba education number;

(e) prescribing fees to be paid for services provided under this Act and the time and manner in which those fees must be paid;

(f) prescribing the form of oath or affirmation of office.

Minister may require records

29(1)

The minister or a person authorized by the minister may require a person to provide records or copies of records the person is required to make and maintain under this Act, for the purpose of

(a) determining compliance with this Act; or

(b) performing any other duty or function that the minister or authorized person considers necessary or advisable in administering this Act.

Obligation to provide records

29(2)

A person required to provide records or copies of records under subsection (1) must do so.

Information Sharing

Definitions

30(1)

The following definitions apply in this section.

"personal health information" means personal health information as defined in The Personal Health Information Act, but only in respect of any disability or illness that an individual may have. (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act, and includes a Manitoba education number assigned to a student or person. (« renseignements personnels »)

Request re personal information and personal health information

30(2)

For the purposes set out in subsection (3), the minister may request that the following provide, or collect on behalf of the minister and provide, personal information and personal health information:

(a) the provincial education authority in respect of a child who is or may become enrolled in a public school;

(b) an independent school in respect of a child who is or may become enrolled in the independent school;

(c) the provincial education authority or independent school in respect of a child for whom the authority or school is making specific preparations to provide appropriate education;

(d) if approved by the minister and subject to the agreement of the First Nation, the operator of a school of a First Nation in respect of a student who is enrolled in that school;

(e) a prescribed person, entity or government department or government agency in respect of a person within a prescribed class of persons.

Limits on requests for information

30(3)

The minister may request information under subsection (2) only if the personal information or personal health information requested is necessary to

(a) assign or verify a Manitoba education number;

(b) determine enrolment;

(c) determine and administer funding, including eligibility to receive funding;

(d) research and evaluate the effectiveness of educational programming delivered or provided by the provincial education authority and independent schools and student achievement of learning outcomes;

(e) develop, administer, monitor and evaluate government programming respecting education;

(f) administer provincial assessments, award credits and issue statements of standing, graduation diplomas and certificates of completion;

(g) conduct research and analysis relating to participation, attrition and completion of programs and courses, and transitions to employment, post-secondary education and adult learning;

(h) carry out a duty or exercise a power of the minister or the department under this Act.

Duty to provide information

30(4)

The provincial education authority, independent school or prescribed person, entity or government department or government agency that receives a request under this section must provide the minister with the information requested, in the form and within the time specified by the minister.

Additional limits

30(5)

Under this section, the minister must

(a) not request or collect personal information or personal health information if other information will serve the purpose; and

(b) limit the amount of information requested and collected to the minimum amount necessary to accomplish the purpose.

Permitted collection, use and disclosure continue

30(6)

Nothing in this section limits the authority of the minister to collect, use and disclose personal information and personal health information if authorized or required to do so by law, including The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act.

Duty to adopt security safeguards

30(7)

The minister must protect all information, including personal information and personal health information, collected under this section by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

Safeguards for sensitive information

30(8)

In determining the reasonableness of security safeguards adopted pursuant to subsection (7), the degree of sensitivity of the information to be protected must be taken into account.

Regulations — information sharing

30(9)

The minister may make regulations prescribing persons, entities, government departments and government agencies for the purpose of requesting and providing personal information and personal health information under this section.

Copyright Agreements

Copyright agreements

31(1)

The minister may enter into a licensing agreement with any person, authorizing any educational institution designated by the minister under clause (4)(a) to copy, for educational purposes and on terms and conditions set out in the agreement, works protected by copyright and specified in the agreement.

Fee payable under agreement

31(2)

The agreement may require the minister to pay a fee for the authorization to copy works as permitted by the agreement and may specify the amount of the fee and the time and manner of payment, and the minister must pay any fee so required in accordance with the agreement and out of the fees deducted under subsection (3).

Use of fees

31(3)

The minister must deduct the amount of fees required to be paid by educational institutions under subsection (4) from any grant payable to educational institutions under this Act or The Adult Learning Centres Act, and must use the fees for the purpose of subsection (2).

Regulations — copyright agreements

31(4)

The minister may make regulations

(a) designating educational institutions for the purpose of subsection (1);

(b) respecting terms and conditions with which educational institutions must comply in copying works pursuant to an agreement under subsection (1);

(c) requiring educational institutions to pay fees for the authorization to copy works pursuant to an agreement under subsection (2) and respecting the amount of those fees.

Definition

31(5)

In this section, "educational institution" means the provincial education authority, an independent school or any other educational organization.

Scholarships and Bursaries

Regulations — scholarships and bursaries

32

The minister may make regulations

(a) authorizing the granting of scholarships and bursaries from money appropriated by an Act of the Legislature to specified persons and specified institutions for such persons;

(b) stating the conditions, if any, to which scholarships or bursaries may be subject;

(c) respecting the form and content of any agreement to be entered into by the recipient of a scholarship or bursary.

OTHER POWERS

Inquiries and Advice

Minister may appoint commission of inquiry

33(1)

The minister may appoint a commission to hold an inquiry and report back to the minister on any education matter.

Remuneration and expenses

33(2)

The persons appointed under subsection (1) are to be paid the remuneration and expenses that the minister considers reasonable.

Payment of costs

33(3)

The cost of the inquiry and report must be paid as the minister directs.

Evidence Act powers

33(4)

The persons appointed under subsection (1) have the powers and protections of a commissioner appointed under Part V of The Manitoba Evidence Act.

Minister may establish advisory committees

34

The minister may appoint an advisory committee for a specific purpose under this Act.

Other Educational Institutions

Instruction in public institutions

35

The minister may establish and maintain facilities for the instruction of students in public institutions supported by the government, such as hospitals and correction facilities, and pay for the costs out of money appropriated by an Act of the Legislature for that purpose.

Post-secondary institution offering high school

36(1)

For the purpose of promoting a smooth transition from secondary education to post-secondary education, the minister may enter into an agreement with a person who operates a post-secondary institution in Manitoba to provide programs and courses to school-age students at the high school level.

Funding

36(2)

The minister may provide grants from money appropriated by an Act of the Legislature to the person in respect of the post-secondary institution referred to in subsection (1).

Institution must comply with Act

36(3)

For the purpose of this section, the post-secondary institution is deemed to be operating a public school and must

(a) operate the school in accordance with this Act; and

(b) designate a person to act as the principal of the school and ensure that the principal complies with the requirements under this Act.

PART 4

PROVINCIAL EDUCATION AUTHORITY

ESTABLISHMENT

Provincial education authority established

37

The provincial education authority is hereby established as a corporation without share capital consisting of the members of its board appointed in accordance with section 41.

Corporations Act does not apply

38

Except as prescribed by regulation, The Corporations Act does not apply to the provincial education authority.

MANDATE

Mandate

39(1)

The mandate of the provincial education authority is as follows:

(a) to deliver or provide for educational programming that meets the needs of students located throughout Manitoba, including by

(i) enabling student success in a safe, caring and inclusive learning environment that fosters and maintains respectful and responsible behaviours,

(ii) engaging with parents, students, staff and the community to ensure student achievement of learning outcomes,

(iii) working collaboratively with school community councils in planning for their schools and to ensure local involvement in the provision of educational programming,

(iv) supporting each school operated by the provincial education authority and responding to the needs of each school as set out in its annual school plan, and

(v) facilitating the smooth transition for students from secondary to post-secondary education in collaboration with post-secondary institutions and the community;

(b) to assess and report on the effectiveness of educational programming and student achievement of learning outcomes;

(c) to provide services to support the efficient administration and operation of the public education system, including

(i) services related to workforce planning and management, procurement and information technology, and

(ii) services related to student supports and inclusive education.

Relationship to government

39(2)

The provincial education authority must carry out its mandate in accordance with

(a) the provincial objectives and priorities for the education system established under section 14;

(b) its accountability agreement with and any directives issued by the minister; and

(c) the methods and procedures for assessing and evaluating the effectiveness of educational programming and student achievement of learning outcomes, and standards for administering, delivering or providing educational services, set out in the regulations.

AUTHORITY BOARD

Duty of the authority board

40(1)

The authority board is

(a) responsible for

(i) managing, or supervising the management of, the business and affairs of the provincial education authority in accordance with its mandate, and

(ii) ensuring effective stewardship of the provincial education authority's resources; and

(b) accountable to the minister and to students, parents and Manitobans for student achievement of learning outcomes.

Duty of authority board members

40(2)

Each member of the authority board must

(a) act honestly and in good faith with a view to the best interests of the provincial education authority; and

(b) exercise the care, diligence and skill that a reasonable and prudent person should exercise in comparable circumstances.

Composition of authority board

41(1)

The board of the provincial education authority is to consist of

(a) at least 6 but not more than 10 persons appointed by the Lieutenant Governor in Council in accordance with this section; and

(b) the chair of the board appointed by the Lieutenant Governor in Council.

Majority community representation

41(2)

A majority of the members appointed under clause (1)(a) must be community board members.

Parent representation on authority board

41(3)

At least two of the members appointed under clause (1)(a) must be members of the advisory council who are recommended by the minister.

Board expertise

41(4)

In appointing a member of the authority board, regard is to be had for the need to ensure that

(a) each member has the knowledge, skills and expertise in an area relevant to the needs of the board;

(b) the board as a whole represents a sufficient range of expertise and experience to carry out its responsibilities effectively; and

(c) the board as a whole represents the diversity of the people of Manitoba and the varied talents, perspectives and ideas of people with different backgrounds and experiences.

Eligibility — parent board member

41(5)

Each member appointed under subsection (3) must be a parent of a student at the beginning of their term as a member.

Definitions

41(6)

The following definitions apply in this section.

"community board member" means a member of the authority board who is not a parent board member. (« membre de la collectivité »)

"parent board member" means a member of the authority board who meets the description under subsection (3). (« membre-parent »)

Term of office

42(1)

Each member of the authority board is to be appointed for a term of up to three years.

Multiple terms

42(2)

A member of the authority board may be appointed for more than one term. But a member must not be appointed for more than 10 consecutive years.

Appointment continues

42(3)

Despite subsections (1) and (2), a member of the authority board continues to hold office after the member's term expires until the member is re-appointed, the member's appointment is revoked or a successor is appointed.

Vacancy

43(1)

A vacancy on the authority board does not impair the capacity of the remaining members to act.

Oath of office

43(2)

A person appointed to be a member of the authority board must take and sign, by oath or solemn affirmation, the prescribed oath of office.

Vice-chair

43(3)

The vice-chair of the authority board is to be designated by the Lieutenant Governor in Council.

Remuneration and expenses

44(1)

Members of the authority board are to be paid the remuneration and expenses that the Lieutenant Governor in Council determines and payment must be made out of the funds of the board.

Public reporting

44(2)

The authority board must establish and publish rules providing for the public reporting of remuneration paid to board members and expenses that are reimbursed by the board.

By-laws

45(1)

Subject to this Act, the authority board may make by-laws

(a) for the governance of the provincial education authority and the management and conduct of its affairs;

(b) respecting the calling and conducting of meetings of the board, including the procedure for calling regular and special meetings and electronic meetings;

(c) specifying matters that may be considered by the board in a meeting that is closed to the public.

Committees

45(2)

The authority board

(a) must, by by-law, establish an audit committee; and

(b) may, by by-law, establish any other committee that it considers necessary.

Required policies

46

The authority board must, by by-law, establish

(a) a code of conduct policy for members of the authority board; and

(b) a conflict of interest policy for members of the authority board.

Regulations — code of conduct, conflict of interest policy

47

The minister may make regulations respecting the code of conduct and the conflict of interest policy, including

(a) prescribing matters to be addressed by the code or policy;

(b) prescribing provisions that are to be part of the code or policy;

(c) respecting the process to be followed by the board in determining if a member of the authority board has breached the code or policy.

Information about meetings to be available

48(1)

The authority board must make information about the date, time and place of its meetings available to the public, including by posting the information about regular meetings on the provincial education authority's publicly accessible website.

Open meeting

48(2)

Unless the authority board is dealing with a matter relating to the expulsion of a student or a matter specified in a by-law made under clause 45(1)(c), the board must hold its meetings open to the public.

Committee meetings

48(3)

Meetings of committees may be closed to the public.

Electronic meetings

48(4)

The authority board may allow any or all board members to participate in or attend a meeting of the board or a committee of the board by electronic means if all members and other persons participating in or attending the meeting are able to communicate with one another.

Maintaining order by conduct

49(1)

At every meeting of the authority board, the chair is responsible for maintaining the order and proper conduct and decorum of the meeting.

Removal of persons from meetings

49(2)

When the chair is of the opinion that a person (other than another board member) has engaged in improper conduct at a meeting of the authority board, the chair may require the person to leave the meeting immediately and, if the person fails to do so, may cause the person to be removed.

Corporate acts must be done at board meetings

49(3)

An act or proceeding of the authority board that is not done or taken at a regular or special meeting of the board is not valid or binding on any person affected by it.

Chief Executive Officer

Appointment of chief executive officer

50(1)

The authority board must appoint a chief executive officer to carry out the work of the provincial education authority and must determine the terms and conditions of employment. The appointment is subject to the minister's approval.

Information submitted to minister

50(2)

The authority board must submit the information required by the minister respecting the employment of the chief executive officer, at the time and in the manner specified by the minister.

CEO ex officio board member

50(3)

The chief executive officer may attend the meetings of the authority board but is not entitled to vote.

DUTIES AND POWERS —
AUTHORITY BOARD

Duties — conduct of schools

51

The provincial education authority board must

(a) determine the number, kind, grade and description of schools to be established and maintained in each regional catchment area;

(b) determine which official school programs and courses are to be provided at schools, which, for certainty, may differ from schools within a regional catchment area and among regional catchment areas;

(c) subject to the regulations, determine the times when and the manner in which reports and other information respecting students must be delivered or provided or made available by teachers under clause 104(1)(f); and

(d) establish, by regulation, one or more terms (other than the fall term) when children are permitted to begin attending school.

Additional powers — conduct of schools

52

The authority board may

(a) establish or arrange for a course of educational programming for children between three and five years of age, which, for certainty, may differ from schools within a regional catchment area and among regional catchment areas;

(b) establish or arrange for technical or vocational instruction courses to be provided through placements approved by the minister;

(c) subject to the minister's approval, develop courses or learning resources to be delivered in schools;

(d) establish or arrange for programs and courses to be provided during non-instructional times;

(e) establish, or enter into a partnership to establish or operate, an adult learning centre in accordance with The Adult Learning Centres Act;

(f) subject to the maximum prescribed amount, set tuition fees for programs and courses offered under clause (d) or (e) or to students who have attained a graduation diploma;

(g) establish additional duties for senior employees who hold supervisory or administrative positions, including directors of education and principals;

(h) establish additional duties for teachers and clinicians;

(i) decide who may be school visitors;

(j) supervise and direct sports and games during the school year;

(k) establish a written policy respecting the use of money by the principal for school purposes.

Authority board may make policies

53(1)

In addition to the policies required to be made under this Part and Part 7, the authority board may make policies respecting the provision of educational services under this Act.

Differential treatment

53(2)

A policy made by the authority board may be general or particular in application to schools in regional catchment areas and may apply to one or more regional catchment areas.

Relationship to Act

53(3)

A policy must not be inconsistent with this Act.

DUTIES AND POWERS —
PROVINCIAL EDUCATION AUTHORITY

Provincial education authority must comply

54(1)

The provincial education authority must comply with this Act.

Interpretation

54(2)

For greater certainty, if the Lieutenant Governor in Council or minister makes a regulation in respect of a matter, the provincial education authority must carry out its duties and exercise its powers in accordance with the regulation.

Specific duties

55

The provincial education authority must

(a) for each regional catchment area, report annually to the parents of students in the schools and the other residents of the area on the results of the assessments of the effectiveness of educational programming and student achievement of learning outcomes;

(b) ensure that each school in a regional catchment area prepares an annual plan that sets out the strategic priorities and goals of the school;

(c) make available to the public on the provincial education authority's website and otherwise to students and their parents information about enrolment and school programs as required by the regulations;

(d) make available the audited financial statements of the provincial education authority available to the public on the authority's website;

(e) provide school community councils with non-identifying student achievement data and consult with them on how to improve student outcomes in the particular school and the regional catchment area;

(f) provide to school community councils any other information that is reasonably necessary for their operation; and

(g) provide the minister with any other requested information at the times and in the form and manner determined by the minister.

Appropriate educational programming

56

The provincial education authority must provide appropriate educational programming in every school in a regional catchment area.

Reporting requirements — public matters

57

The provincial education authority must

(a) immediately notify the minister responsible for health of any case reported to the provincial education authority of a student attending the school who has been exposed to or is infected with a communicable disease as defined under The Public Health Act; and

(b) if known, report to the minister any teacher employed by the board who has been charged with or convicted of an offence under the Criminal Code (Canada) relating to the physical or sexual abuse of children.

Textbooks and other materials

58

The provincial education authority may

(a) purchase instructional materials, such as textbooks, and information technology, such as laptops and tablets, to be given to students or loaned without charge;

(b) purchase instructional materials, supplies, furniture and equipment and sell them to teachers, students and other persons;

(c) arrange for printing and publishing of textbooks and other instructional materials for use in schools; and

(d) provide materials and equipment for school sports and games.

Agreements

59

The provincial education authority may enter into an agreement with any of the following:

(a) the government or any government agency or any person

(i) respecting attendance and education of children at a school operated under the agreement,

(ii) respecting the provision, exchange or sharing of educational services that are not provided by the provincial education authority,

(iii) respecting the payment, sharing or collection of fees and charges agreed upon by the parties,

(iv) respecting the construction of a school,

(v) respecting the programs to be offered at the school;

(b) the Government of Canada or an agency of the Government of Canada or an Indian Band (as defined in the Indian Act (Canada)) or its representative to whom authority over the education of children of the Indian Band has been granted under an Act of Parliament, respecting any matter referred to in subclauses (a)(i) to (v), but only with the minister's approval;

(c) a municipality for the purpose of constructing and maintaining recreational or other facilities on school sites and for the joint use of those facilities;

(d) the government, another government agency or any person respecting any educational services matter.

Miscellaneous powers

60

The provincial education authority may

(a) establish, operate and maintain a system of patrols for the protection of children from traffic accidents; and

(b) provide or authorize the levying of caution fees or fines.

Scholarships, bursaries and awards

61

With the approval of the authority board, the provincial education authority may grant scholarships, bursaries and awards to students.

Certain powers for northern regional catchment area

62

The provincial education authority may exercise the following powers with respect to students who have a right to attend school in a regional catchment area that includes territory north of the northern boundary of township 22 in the province:

(a) arrange for living accommodation and necessities for those students;

(b) establish a residence for those students attending a secondary school within or outside the regional catchment area, but only with the minister's approval.

Restriction — tuition fees

63

The provincial education authority may charge tuition fees only if permitted to do so under this Act.

SUSPENSION AND EXPULSION

Provincial education authority may suspend student

64(1)

The provincial education authority may, in accordance with this Act, suspend from a school any student who, upon investigation by the provincial education authority, is found to have engaged in unacceptable conduct injurious to the school environment.

Authority board may expel student

64(2)

The authority board may, in accordance with this Act, expel from a school any student who, upon investigation by the authority board, is found to have engaged in unacceptable conduct injurious to the school environment.

Meeting not open to the public — expulsion

64(3)

The authority board may meet in private for the purpose of hearing representations about and determining whether to expel a student.

STUDENT FILES

Student files

65

The authority board must establish written procedures for collecting, storing, retrieving and using information about students.

Access to student files

66(1)

On request, the provincial education authority must

(a) provide a parent access to their child's student file; and

(b) ensure that an employee who is competent to interpret the information contained in the student file is available to assist the parent.

Consent of student

66(2)

The provincial education authority must not disclose the student file of a student who is 18 years of age or older to their parent without first obtaining the student's consent.

Access may be refused

66(3)

The provincial education authority may refuse to provide access to all or part of a student file when disclosure could reasonably be expected to

(a) constitute an unreasonable invasion of the privacy of a third party;

(b) be detrimental to the education of the student;

(c) cause serious physical or emotional harm to the student or another person; or

(d) be injurious to the enforcement of an enactment or the conduct of an investigation under an enactment.

Appeal to court

66(4)

A parent may appeal the provincial education authority's decision to refuse access to the student file by filing an application with the Court of Queen's Bench within 30 days after being notified of the refusal decision.

Procedure on appeal

66(5)

The court may, during the hearing,

(a) order the provincial education authority to produce to the court any student file possessed or controlled by the authority; and

(b) take such measures as the court considers appropriate to protect the confidentiality of records, including holding a hearing or part of a hearing in private or in the absence of the parent.

Order

66(6)

Subject to subsection (7), the court may

(a) order the provincial education authority to give the parent access to all or part of the student file; and

(b) make any other order the court considers appropriate.

Access refused

66(7)

The court must not order the provincial education authority to give access to any part of the student file if the access was refused because, in the court's opinion, disclosure of the file could reasonably be expected to constitute an unreasonable invasion of the privacy of a third party.

Objection to information on student file

67

On request by a parent, the provincial education authority must include in the student file the parent or student's written objection to, or explanation of or interpretation of, any matter contained in the file.

Disclosure in good faith

68

For greater certainty, sections 65 to 67 must not be interpreted to restrict the ability of the provincial education authority (or a person acting on the authority's behalf) to disclose information contained in a student file if the disclosure is made in good faith and within the scope of the duties and responsibilities of the provincial education authority or that person.

DIRECTORS OF EDUCATION

Appointment of director of education

69(1)

The authority board must appoint a director of education for each regional catchment area. The appointment is subject to the minister's approval.

Information submitted to minister

69(2)

The authority board must submit the information required by the minister respecting the appointment of each director of education and the terms and conditions of employment at the time and in the manner specified by the minister.

Director of education is employee of provincial education authority

69(3)

A director of education is an employee of the provincial education authority who acts at the direction of the provincial education authority.

Role — generally

70(1)

Each director of education is responsible for administering and enforcing this Act in respect of the schools in the director's assigned regional catchment area.

Role — schools and school community councils

70(2)

Without limiting subsection (1), the director of education must work collaboratively with the schools and the school community councils in the director's assigned catchment area to

(a) implement the provincial objectives and priorities established under section 14 in the schools in the regional catchment area;

(b) implement the processes for monitoring and evaluating the effectiveness of educational programming offered by the schools in the regional catchment area and the student achievement of learning outcomes;

(c) facilitate the work of the school community council in advising the principal on school matters including those referred to in subsection 84(3);

(d) support each school in the regional catchment area to implement the school's annual plan of strategic priorities and goals;

(e) support the school community council in participating in the budget consultation process;

(f) support the provincial education authority in its development of policies that reflect the needs and interests of the schools; and

(g) perform any other duties assigned by the provincial education authority.

Role — administrative and support services

70(3)

Without limiting subsection (1), the director of education must, in relation to the schools in the director's assigned regional catchment area,

(a) supervise the provision of administrative and support services in those schools;

(b) implement the standards set out in the regulations for the provision of administrative and support services in those schools; and

(c) perform any other duties assigned by the provincial education authority related to the provision of administrative and support services.

PART 5

LOCAL PARTICIPATION IN PUBLIC
EDUCATION SYSTEM GOVERNANCE

PROVINCIAL ADVISORY COUNCIL
ON EDUCATION

Provincial advisory council on education

71

The Provincial Advisory Council on Education is hereby established.

Role of advisory council

72

The role of the advisory council is to advise the minister about any matter relating to the public education system in Manitoba, including advising the minister

(a) about the strengths and needs of students, schools and communities as they relate to the education system in Manitoba;

(b) about the assessment of the effectiveness of educational programming and student achievement of learning outcomes;

(c) on joint school community council arrangements;

(d) on any education matter referred to the advisory council by the minister; and

(e) on any education matter that the advisory council wishes to bring to the attention of the minister.

Role re provincial education authority

73

At the request of the minister or the provincial education authority, the advisory council may provide advice and recommendations to the provincial education authority on any matter relating to the public education system in Manitoba, including any matter referred to in section 72.

Composition of membership

74(1)

The advisory council is to consist of

(a) one representative from each regional catchment area as elected by the executive members of the school community councils in each of those areas; and

(b) one representative from the francophone school board.

School community councils elect representatives

74(2)

The executive members of the school community councils in each regional catchment area must elect from among their executive membership one representative to the advisory council. The election must be done in accordance with the regulations.

Francophone school board elects representative

74(3)

The francophone school board must elect from among its trustees its representative to the advisory council.

Term of office

75

The term of office for members of the advisory council is as follows:

(a) a four-year term for the representatives of the school community councils;

(b) the term determined under subsection 278(4) for the elected representative of the francophone school board.

Eligibility

76(1)

Each member (other than the francophone school board member) must be a parent of a student at the beginning of their term as a member of the advisory council.

Definition

76(2)

In subsection (1), "student" means a student in the school represented by the school community council of which the parent is a member of the executive.

Chair and vice-chair

77(1)

The members of the provincial advisory council on education must elect from among their members a chair and a vice-chair to act when the chair is absent or unable to act. The election must be done in accordance with the by-laws.

Committees

77(2)

The advisory council may establish any committees that it considers necessary to fulfill its role.

Remuneration and expenses

78

The minister may approve the payment of remuneration and reasonable expenses to members of the advisory council and must make a statement of those payments available to the public on the government's website.

Meetings

79(1)

The meetings of the advisory council are open to the public.

Information about meeting to be available

79(2)

The advisory council must make information about the date, time and place of its meetings available to the public, including by posting the information about its regular meetings on the websites of the government, the provincial education authority and each school.

Terms of reference

80

The minister may establish terms of reference for the advisory council to follow in fulfilling its role, and the advisory council must comply with the terms of reference.

Annual report — minister

81(1)

The minister must report annually on the consideration of the advice and the implementation of any recommendations of the advisory council.

Annual report — advisory council

81(2)

The advisory council must report annually to the minister in the form and within the time period specified by the minister about its activities in the immediately preceding year.

Annual report — provincial education authority

81(3)

If the advisory council has been requested to provide advice and recommendations to the provincial education authority under section 73, the provincial education authority must report annually to the minister in the form and within the time period specified by the minister about the consideration of that advice and the implementation of any recommendations.

Advisory council member must meet with director of education

82(1)

At least once every three months, each member of the advisory council (other than the francophone board member) must meet with the director of education assigned to the regional catchment area for the schools represented by the member for the purpose of discussing school matters arising in the area and ensuring that the matters raised by the school community councils in the area are provided to the director of education. Without limitation, the member may

(a) make recommendations respecting the need to evaluate the performance of any person employed by the provincial education authority;

(b) make recommendations respecting the hiring of principals, teachers and other staff in schools in the regional catchment area;

(c) review the proposed short-term and long-term capital construction projects for schools in the regional catchment area and make recommendations respecting their priority;

(d) review and make recommendations respecting changes in policies, programs and activities in schools in the regional catchment area;

(e) review and make recommendations respecting the short-term and long-term priorities for the schools in the regional catchment area;

(f) make recommendations respecting the transportation of students in the regional catchment area;

(g) make recommendations respecting the use of suspensions and expulsions as disciplinary tools in schools in the regional catchment area; and

(h) review and make recommendations about the policies implemented at schools in the regional catchment area.

Annual report

82(2)

Each school year, the director of education must report to the provincial education authority and the member on the implementation of any recommendations from the member and provide reasons for the decision not to implement any recommendations.

Regulations — advisory council

83

The minister may make regulations

(a) respecting the election of representatives (other than the francophone school board representative) to the advisory council;

(b) prescribing additional matters that are to be discussed by the members of the advisory council with their assigned director of education under subsection 82(1).

SCHOOL COMMUNITY COUNCILS

School community councils

84(1)

A school community council is hereby established for each public school, consisting of the parents of students at the school from time to time.

Joint school community councils

84(2)

The minister may permit a joint executive of a school community council to serve two or more schools if the minister considers the arrangement to be in the best interests of the schools.

Role

84(3)

The role of a school community council is to advise the principal with respect to school matters arising in the school and, in doing so, the school community council may

(a) review and make recommendations about the ways in which the school can meet the needs of the community it serves;

(b) assist the school in assessing the effectiveness of educational programming at the school;

(c) analyse the student achievement of learning outcomes for the school and determine areas and timelines for improvement;

(d) make recommendations respecting the hiring of teachers and other school staff;

(e) make recommendations respecting the need to evaluate the performance of any person employed at the school;

(f) review and make recommendations respecting proposed capital construction projects at the school site, the proposed annual budget and monthly expenditures;

(g) review and make recommendations respecting changes in programs and activities at the school;

(h) review and make recommendations respecting the short-term and long-term priorities for the school as set out in the school plan;

(i) make recommendations respecting the transportation of students;

(j) review and analyse the use of suspensions and expulsions as disciplinary tools at the school;

(k) review and make recommendations about the policies implemented at the school;

(l) review and advise the principal in developing a code of conduct and emergency response plan for the school; and

(m) encourage the involvement of parents at the school.

The school community council must also fulfill any other duties set out in the regulations.

Parents are members of school community council

85

Each parent of a child enrolled in a public school is entitled

(a) to participate in or engage with the school community council at the school as a member of the council; and

(b) to vote for the members of the executive of the school community council at the school.

Composition of executive

86(1)

The executive of a school community council is to consist of the following members:

(a) the president;

(b) the vice-president;

(c) the immediate past president;

(d) each director elected to the executive in accordance with the regulations.

Eligibility for executive

86(2)

Subject to the regulations, every member of the school community council is eligible to be elected as a member of the executive.

Election of executive

86(3)

The executive must be elected in accordance with the regulations.

School principal and teacher representative

87

The principal of the school and a representative selected by the teachers of the school may attend the meetings of the school community council but are not entitled to vote.

Parental engagement officer

88(1)

Each principal must designate one of the following persons to act as the parental engagement officer for the school:

(a) an employee who is regularly employed at the school;

(b) an employee of the provincial education authority whose employment duties include acting as the parental engagement officer for one or more of the schools in a regional catchment area.

Role

88(2)

The role of the parental engagement officer is to

(a) promote, facilitate and coordinate parental engagement with the school; and

(b) work collaboratively with the school community council to support the school's learning environment.

Attending meetings

88(3)

The parental engagement officer may attend the meetings of the school community council but is not entitled to vote.

Council subject to Act

89

Every school community council is subject to this Act.

Public reporting

90

Each year, the provincial education authority must report to the public on the activities of the school community councils in the schools in each regional catchment area by posting the report on the authority's website and by any other means that the minister considers advisable.

Information parent must receive

91

At least annually, every parent whose child is enrolled in a school is entitled to receive information about

(a) the parent's entitlement to participate or engage with the school community council at the school;

(b) the role and function of the school community council and how to become a member of the executive; and

(c) the role and function of the parental engagement officer and how to contact the officer.

Regulations — school community councils

92

The minister may make regulations

(a) respecting additional duties of school community councils;

(b) respecting the election of the executive of the school community council by the members of the school community council;

(c) prescribing the term of office for elected members of the executive of the school community council and governing the eligibility for re-election and the procedures for dealing with a vacancy;

(d) respecting the disqualification or termination of membership on the school community council executive;

(e) respecting the information to be provided and the manner and frequency for providing the information for the purpose of section 91.

PARENTS

Parental participation

93

Parents are encouraged and offered opportunities to have meaningful and active involvement in their children's education at a public school and in the planning process for the school. Parents can contribute expertise to assist in meeting the needs of students, families and their communities.

Rights of parents

94

Every parent of a student is entitled to

(a) be informed regularly of the attendance, behaviour and academic achievement of their child at school;

(b) consult with their child's teacher or other school staff member about the child's program and academic achievement;

(c) have access to their child's student file;

(d) be informed of the discipline and behaviour management policies of the school; and

(e) accompany and assist their child in making representations to the provincial education authority board before a decision is made to expel the child.

PART 6

PRINCIPALS AND TEACHERS

PRINCIPALS

Principal

95(1)

The provincial education authority must designate a principal for each school in a regional catchment area.

Principal must be certified teacher

95(2)

A person is not legally qualified to be employed as a principal unless that person holds a valid and subsisting teacher's certificate issued by the minister.

Role of principal

95(3)

The principal is the educational leader of the school and has management responsibility for the school, including supervision of teachers and other staff.

Duties of principal

96

Every principal must

(a) ensure that the programs and courses offered by the school are implemented at the school in a manner consistent with the standards established under this Act;

(b) ensure that students at the school are provided with the opportunity to achieve the learning outcomes of the courses in which they are enrolled;

(c) ensure that reasonable steps are taken to create and maintain a safe, caring and inclusive learning environment that fosters and maintains respectful and responsible behaviours;

(d) take all reasonable steps to ensure regular and punctual attendance of students at the school;

(e) communicate regularly with the parents of the students;

(f) investigate and respond to reports of unacceptable conduct of students;

(g) ensure that the policies of the authority board are implemented at the school;

(h) identify the staffing needs at the school;

(i) assist with the selection and hiring of staff at the school;

(j) evaluate the performance of teachers and other staff at the school;

(k) supervise and discipline teachers and other staff of the school;

(l) exercise leadership in the promotion of parent and community involvement in school planning, including by

(i) encouraging parents to participate in school decision-making through the school community council, and

(ii) facilitating the operation of the school community council;

(m) collaborate with other partners in education to better meet the needs of the students at the school;

(n) prepare and provide to the provincial education authority or the minister reports and information as required; and

(o) perform other duties as set out in the regulations or established by the provincial education authority.

Assessing and promoting students

97(1)

Every principal is responsible for assessing and promoting students enrolled in the school.

Consultation and compliance

97(2)

In assessing and promoting students, the principal must

(a) consult with parents and teachers and other education specialists as appropriate; and

(b) act in accordance with the policies of the authority board.

Annual school plan

98(1)

Every principal must prepare the annual plan of the strategic priorities and goals for the school.

Consult with others

98(2)

In preparing the annual school plan, the principal must consult with the school community council.

Annual school plan to be published

98(3)

The annual school plan must be made available to the public on the school's website and the provincial education authority's website.

Annual information for parents

99

At least annually, every principal must provide parents with information about

(a) the role and function of a school community council; and

(b) the process for becoming a member of the executive of the school community council.

School funds

100

A principal may raise, hold, administer and expend money (other than student council funds) for the purposes of the school in accordance with the policies of the authority board.

Students in care of person other than teacher

101(1)

The provincial education authority may authorize a principal to permit students to be under the care and supervision of a school social worker, psychologist, educational assistant, student teacher or other designated person without having a certified teacher in attendance.

Regulations — students in care of others

101(2)

The minister may make regulations

(a) respecting the circumstances in which a principal may permit students to be under the care and supervision of a person who is not a certified teacher, including the duration of the care and supervision;

(b) respecting the duties of a person who has students placed under their care and supervision by a principal.

Disturbance at school site

102(1)

A principal or person authorized by the provincial education authority may direct any person to leave the school site who

(a) disturbs or interrupts a school, a classroom in a school or a school activity on or close to the school site;

(b) trespasses on the school site; or

(c) is present on the school site for a purpose not reasonably associated with the normal functioning of the school.

Notice — no entry without prior approval

102(2)

The principal or person authorized by the provincial education authority may notify, orally or in writing, the person who caused the disturbance or interruption that the person is not permitted to enter the school site again except with the prior approval of the principal or authorized person.

TEACHERS

Teachers

103(1)

The provincial education authority must employ teachers for each school in a regional catchment area.

Certified teachers

103(2)

A person is not legally qualified to teach or to be employed as a teacher unless that person holds a valid and subsisting teacher's certificate or limited teaching permit issued by the minister.

Role of teacher

103(3)

The role of the teacher is to provide competent instruction and to encourage and foster a positive learning environment aimed at helping students achieve learning outcomes.

Duties — teaching

104(1)

Every teacher must

(a) teach diligently and faithfully according to the terms of the teacher's agreement with the provincial education authority and according to this Act;

(b) monitor the effectiveness of teaching strategies by analysing student achievement of learning outcomes;

(c) acknowledge and reasonably accommodate differences in learning styles;

(d) review regularly with students their learning expectations and progress;

(e) communicate regularly with the parents of students;

(f) prepare and provide the parent of each student taught by the teacher reports on the progress and achievement of learning outcomes of the students in accordance with the regulations and at the times and in the manner determined by the provincial education authority;

(g) keep a record of attendance in the manner and in the form required by the provincial education authority;

(h) admit to the teacher's classroom student teachers enrolled in a teacher education institution approved by the minister, for the purpose of observing and practice teaching;

(i) maintain order and discipline at the school; and

(j) perform other duties as set out in the regulations or established by the provincial education authority.

Duties — administration

104(2)

Every teacher must

(a) prepare and provide to the provincial education authority reports and information as required;

(b) immediately notify the principal if the teacher has reason to believe that a student attending the school has been exposed to or is infected with a communicable disease as defined in The Public Health Act; and

(c) seize or cause to be seized and take possession of any offensive or dangerous weapon that is brought to school by a student and hand over any such weapon to the principal.

Agreements

Agreement between teachers and authority

105(1)

An agreement between the provincial education authority and a teacher (including a principal) must

(a) be in writing and be in the form and contain the content set out in the regulations; and

(b) be signed by the provincial education authority and the teacher.

Regulations — teacher's agreement

105(2)

The minister may make regulations

(a) prescribing the form and content of an agreement under this section;

(b) prescribing circumstances in which an agreement must be used.

Termination of Agreement

Complaint made about teacher

106(1)

This section applies when a complaint is made to the provincial education authority respecting the competency or character of a teacher (including a principal).

Hearing before agreement terminated

106(2)

The provincial education authority must not terminate its agreement with the teacher unless the authority

(a) has communicated the complaint to the teacher or the teacher's representative; and

(b) has given the teacher an opportunity to appear personally or by representation before the authority to answer the complaint.

Teacher or authority may terminate agreement

107(1)

Either party to a teacher's agreement may terminate the agreement for cause at any time with written notice to the other party.

Reasons may be requested

107(2)

Within seven days after receiving the notice of termination, the affected party may request the reasons for the termination. The party terminating the agreement must comply within seven days after receiving the request.

Process for termination by authority

107(3)

If the provincial education authority terminates the agreement of a teacher who has been employed under an agreement for more than one full school year, the following applies:

1.

Within seven days after receiving the reasons for termination, the teacher may give written notice that the termination be submitted to an arbitration board.

2.

The arbitration board is to consist of

(a) one representative appointed by the teacher;

(b) one representative appointed by the provincial education authority; and

(c) one other person who is the chair of the arbitration board, mutually acceptable to and chosen by the other two representatives.

The members of the arbitration board must not be employees or board members of the provincial education authority.

3.

Each party to the agreement must appoint its representative to the arbitration board within 10 days after the arbitration notice is given by the teacher.

4.

If the other two members of the arbitration board cannot agree on a decision, the chair must make the decision, which is deemed to be a decision of the arbitration board.

5.

The issue before the arbitration board is whether or not the reasons given by the provincial education authority for terminating the agreement constitutes cause for terminating the agreement.

6.

If, after the matter is heard, the arbitration board finds that the reasons given for terminating the agreement do not constitute cause for doing so, the arbitration board must direct that the agreement be continued in force and effect. And, subject to appeal as provided in The Arbitration Act, the decision and direction of the arbitration board is binding on the parties.

7.

The arbitration board must make its decision within 30 days after being appointed. It must immediately forward a copy of the decision to each of the parties and to the minister.

8.

Each party must share the costs of the arbitration (remuneration and expenses) equally.

Accumulated teaching service

108

A teacher's prior period of employment is used to calculate the period of employment under section 107 if, within the three years before the teacher entered into a new agreement with the provincial education authority, the teacher had previously been employed as a teacher in Manitoba for more than one full school year.

Right of teacher to recover salary

109

A teacher is entitled to recover from the provincial education authority any salary or other remuneration due to the teacher because of the unlawful or improper termination of an agreement by the authority.

Penalty for breach of agreement by teacher

110

A teacher who enters into an agreement with the provincial education authority and wilfully neglects or refuses to comply with the terms of the agreement is liable, on the complaint of the authority to the minister, to have the teacher's certificate suspended by the minister.

Penalty for breach of agreement by authority

111

If the provincial education authority wilfully neglects or refuses to comply with the terms of the teacher's agreement, the authority is liable on the complaint of the teacher to pay to the teacher one month's salary at the rate stipulated in the agreement, in addition to the salary to which the teacher is entitled under the agreement.

Records

Access to personnel records

112

The provincial education authority must, upon request by a teacher,

(a) provide the teacher with access to the teacher's personnel record; and

(b) attach to the personnel record the teacher's written objection to, or explanation or interpretation of, any matter contained in the personnel record.

CERTIFICATE REVIEW COMMITTEE

Certificate Review Committee

113(1)

The minister must appoint a Certificate Review Committee (referred to in this section and sections 114 to 116 as the "review committee") consisting of

(a) three persons nominated by The Manitoba Teachers' Society;

(b) two persons nominated by the provincial education authority, at least one of whom must be a director of education;

(c) one person who is a member of the executive of a school community council;

(d) two persons from the department; and

(e) one person appointed by the minister.

Membership term

113(2)

The minister must set the term of the appointment. A member may be appointed for more than one term.

Appointment continues

113(3)

Despite subsection (2), a member continues to hold office after the member's term expires until they are re-appointed, their appointment is revoked or a successor is appointed.

Alternate members

113(4)

Each of the organizations mentioned in clauses (1)(a) and (b) must nominate an additional person who is to be appointed by the minister to the review committee as an alternate member to act in place of an appointed representative who is unable to act.

Chair and secretary

114(1)

The minister must appoint one of the members of the review committee as the chair and must appoint a person from the department to act as secretary who is not a member of the committee.

Quorum

114(2)

Five of the members appointed under subsection 113(1) constitute a quorum.

Referral of suspension

115(1)

In every case in which a teacher's certificate has been suspended by the minister, the minister must, without delay, refer the matter to the review committee.

Other referrals

115(2)

At the minister's discretion, the minister may refer to the review committee for investigation and report any case in which a teacher's certificate is to be reviewed for a cause that the minister considers sufficient.

Notice of hearing

115(3)

When a case has been referred to the review committee, the review committee must, in writing, within 15 days after the date of the referral by the minister notify the teacher concerned of the time, date and place of a hearing.

Date of hearing

115(4)

The hearing must not be held sooner than 14 days or later than 90 days from the date of the notification.

Agreement — date of hearing

115(5)

The teacher and review committee may agree that the hearing be held at an earlier or later date.

Review committee to report

115(6)

The review committee must, within 14 days after completion of the hearing, submit a written report about the hearing to the minister.

Reports by majority and minority

115(7)

The report of a majority of the members of the review committee present at a hearing is deemed to be the report of the review committee. Dissenting members are not prohibited from submitting a minority report.

Report to include recommendation

115(8)

The report of the review committee must include recommendations as to what action, if any, is to be taken in respect of the matters that are the subject of investigation and hearing.

Powers of review committee

115(9)

The members of the review committee have, for the purpose of carrying out an investigation of a matter referred to the committee, the powers and protections of a commissioner appointed under Part V of The Manitoba Evidence Act.

Right to counsel

115(10)

When a teacher's certificate is to be reviewed, the teacher has the right to be notified of the time, date and place of the hearing to be held by the review committee and to be present and to be represented by counsel.

Regulations — review committee procedure

116

The minister may make regulations respecting the rules of procedure of the review committee.

SOCIETY DUES

Obligation to deduct and pay over dues

117(1)

If required by a collective agreement or upon request of a teacher, the provincial education authority must deduct and pay over to The Manitoba Teachers' Society the total amount of the annual dues payable by teachers on a monthly basis or time period required by the collective agreement.

Request for deduction and payment of dues

117(2)

Each year, a teacher may request, in a form approved by the minister, that the teacher's annual dues to The Manitoba Teachers Society be deducted by the provincial education authority from their salary and paid to the society, but only if the collection of dues is not covered by the teacher's collective agreement.

PART 7

PUBLIC SCHOOLS

ENROLMENT IN PROGRAMS

Information — enrolment and programs

118

Every parent whose child is or may be enrolled in a public school is entitled to receive information at least once a year about enrolment and official school programs offered by the provincial education authority in the regional catchment area in which the parent resides.

Student enrolment — public school

119(1)

A student may be enrolled, in accordance with the regulations,

(a) in an official school program offered at any public school in the regional catchment area where the student is a resident; or

(b) in an official school program offered at a public school in a regional catchment area where the student is not a resident.

Exception — non-resident student

119(2)

A principal is not required to enrol a non-resident student in the official school program for which the student applies if the principal or a person designated by the provincial education authority is of the opinion that

(a) there is insufficient space in the program having regard to the priorities in subsection (3);

(b) the program is not suited to the age, ability or aptitude of the student; and

(c) the enrolment of the student

(i) would require significant expenditure to extend or otherwise alter a program or the school site,

(ii) likely would be seriously detrimental to the continuity of the student's education, or

(iii) is inadvisable for any other reason or for any other circumstances set out in the regulations.

Determining priorities

119(3)

When the number of students who apply to enrol in an official school program exceeds the number of places available in the program, the principal of the school must enrol students in the following order of priority:

1.

Students who reside in the area served by the school as determined by the authority board.

2.

Students who reside in the regional catchment area.

3.

Other students.

Regulations — enrolment

119(4)

The minister may make regulations

(a) governing the enrolment of students;

(b) respecting information to be made available to students and parents and the times, form and manner in which the information is to be provided;

(c) establishing procedures for the enrolment of students;

(d) respecting reasons or circumstances that make enrolment inadvisable.

Reader's aid

119(5)

For provisions related to resident student status, see section 9.

Program not offered in student's regional catchment area

120

The provincial education authority must provide for a student to attend a school in another regional catchment area that offers an official school program that is not offered in the regional catchment area in respect of which the student is a resident student.

ATTENDANCE

Teacher to report absence

121(1)

If a child of compulsory school age is absent from school, the teacher or the employee recording school attendance must report, in writing, the absence and the name of the student to the principal.

Principal to report absence

121(2)

If satisfied that the child is in fact absent, the principal who receives a report of absence must, in accordance with the regulations, report the absence to the child's parent. The principal must also inform the parent of their obligation to ensure that their child attends school as required by this Act.

Report to local school attendance officer

121(3)

The principal must report a child's absence to the local school attendance officer if the principal is satisfied that

(a) the child continues to be absent from school after the child's parent has been informed of the absence; and

(b) the parent has had a reasonable opportunity to comply with the parent's obligation under this Act.

Designation of school attendance officers

122(1)

The provincial education authority must appoint one or more school attendance officers or must designate one or more of its employees as school attendance officers.

Jurisdiction of school attendance officer

122(2)

A school attendance officer has jurisdiction over the children in the area for which the officer is appointed or designated.

Right to enter

123(1)

A school attendance officer has the power to enter, without a warrant, any place of public entertainment or amusement, factory, workshop, store or any other place where children may be employed or any other place where children may congregate for the purpose of carrying out the officer's duties under this Act.

Authority to conduct absent child to school

123(2)

If a school attendance officer enters a place described in subsection (1) and finds in that place an individual who should be in attendance at school as required by this Act but who has been reported as being absent from school contrary to this Act, the school attendance officer may take that child to the child's school or the child's home.

Child not considered to be absent

124

For the purpose of this Act, a child is not considered to be absent from attending public school in any of the following circumstances:

(a) the child is in regular attendance at an independent school;

(b) the child is, in the minister's opinion, receiving a standard of education under a home school arrangement that is equivalent to a public school education;

(c) the child is participating in a program conducted away from the school site (including a work education program or outdoor education program) that is authorized by the authority board;

(d) the child is at least 15 years old and is participating in an alternate activity or program;

(e) the child is at least 16 years old and is enrolled in an adult learning centre and is taking a program leading to a high school diploma;

(f) the child is unable to attend due to illness or other unavoidable cause or is excluded from attendance under a public health order;

(g) the child is absent on any day regarded as a day of religious observance by the religious denomination with which the child is affiliated;

(h) the child is suspended from the school;

(i) the child is expelled from the school and is not permitted to enrol in another school;

(j) the child is absent or excused as authorized under this Act or another enactment.

Regulations — attendance and absences

125

The minister may make regulations

(a) respecting the reporting of a child's absence from school by the principal to the child's parent and the school attendance officer;

(b) respecting the manner and timing of reports of absence and the information they must contain;

(c) prescribing the manner of notice to a parent regarding the child's absence.

LANGUAGES OF INSTRUCTION

English and French as languages of instruction

126(1)

English and French are the languages of instruction in public schools.

Use of English or French as language of instruction

126(2)

When

(a) there are 23 or more students in a regional catchment area who may be grouped in a class for instruction and their parents desire them to be instructed in a class in which English or French is used as the language of instruction; and

(b) the parents of those students petition the authority board requesting the use of either English or French as the language of instruction for those students;

the provincial education authority must group students in a class for instruction and provide for the use of English or French, as the case may be.

Minister's discretion for fewer students

126(3)

If there are fewer than 23 students, the minister may require the provincial education authority to make arrangements for the use of English or French as the language of instruction in any class.

Francophone school board to receive certain petitions

126(4)

If the provincial education authority board receives a petition for students whose first language is French, the board may refer the petition to the francophone school board instead of providing instruction in French.

Language of administration

126(5)

The administration and operation of a public school must be carried out in the English language or the French language in accordance with the regulations.

English as subject of instruction

126(6)

English

(a) may be a subject of instruction in any grade; and

(b) must be a subject of instruction in Grades 4 to 12 inclusive when French is used as the language of instruction.

Use of other languages

127

When authorized by the provincial education authority board, a language other than English or French may be used in any public school in the regional catchment area

(a) for instruction in religion during a period authorized for religious instruction;

(b) for instruction in the language during a period authorized by the minister for language instruction;

(c) before and after the school's regular school day;

(d) as a language for instruction for transitional purposes in accordance with the regulations;

(e) as a language of instruction for not more than 50% of the regular school day in accordance with the regulations and as determined by the minister.

Regulations — languages of instruction

128

The minister may make regulations respecting languages of instruction.

PATRIOTIC OBSERVANCES

School flag

129

The provincial education authority must ensure that each public school erects and maintains on the school site a flagstaff and ensure that the national flag of Canada is

(a) flown on each day that the school is open, weather conditions permitting; or

(b) prominently displayed in the school building when weather conditions do not permit the flag to be flown outdoors.

Patriotic observances

130(1)

Patriotic observances must be conducted in public schools in accordance with the regulations.

Regulations — patriotic observances

130(2)

The minister may make regulations respecting patriotic observances.

Remembrance Day exercise

131(1)

Each public school must hold a Remembrance Day exercise on the last school day before November 11 each year.

Form of exercise

131(2)

The form of the exercise, which must include two minutes of silence, must be approved by the principal.

No affiliation

132

Public schools must be non-sectarian.

RELIGIOUS INSTRUCTION AND EXERCISES

Authorization for religious instruction

133(1)

Instruction in religion may be conducted in a school if authorized by order of the authority board.

Petition for religious instruction

133(2)

If a petition requesting that religious instruction be given in a school is presented to the authority board and is signed by

(a) the parents of at least 10 children attending the school having one or two classrooms; or

(b) the parents of at least 25 children attending the school having three or more classrooms;

the authority board must make an order authorizing instruction in religion in compliance with the petition.

Hours of religious instruction

133(3)

Instruction in religion, when authorized under or permitted by this section, may take place during school hours at such time and on such days as approved by an order of the authority board but in any case must not exceed 2.5 hours each week and must be conducted by a religious or spiritual leader or by a representative of parents recognized by the authority board as constituting a religious group or by any person including a teacher, authorized by the religious or spiritual leader.

Non-participation

133(4)

The following students must be excused from participation in religious instruction authorized under this section:

(a) a student whose parent does not wish for the student to participate in religious instruction;

(b) a mature student who does not wish to participate in religious instruction.

Regulations — religious instruction

133(5)

The minister may make regulations for the purpose of giving effect to this section.

Petition for religious exercises

134

If a petition asking for religious exercises, signed by the parents of 75% of the students in the case of a school having fewer than 80 students or by the parents of at least 60 students in the case of a school having an enrolment of 80 or more students, is presented to the authority board, religious exercises must be conducted for the children of those parents in that school year.

SAFE SCHOOLS

Meaning of "bullying"

135(1)

In this section and sections 136 and 137, "bullying" means behaviour that

(a) is intended to cause, or should be known to cause, fear, intimidation, humiliation, distress or other forms of harm to another person's body, feelings, self-esteem, reputation or property; or

(b) is intended to create, or should be known to create, a negative school environment for another person.

Characteristics and forms

135(2)

Bullying

(a) characteristically takes place in a context of a real or perceived power imbalance between the people involved and is typically, but need not be, repeated behaviour;

(b) may be direct or indirect; and

(c) may take place

(i) by any form of expression, including written, verbal or physical, or

(ii) by means of any form of electronic communication — also referred to as cyberbullying in section 137 — including social media, text messaging, instant messaging, websites or e-mail.

When does a person participate in bullying?

135(3)

A person participates in bullying if the person directly carries out the bullying behaviour or intentionally assists or encourages the bullying behaviour in any way.

Codes of conduct and emergency response plans

136(1)

The authority board must ensure that each principal, in consultation with the school community council,

(a) establishes a code of conduct for students and school staff and a school emergency response plan; and

(b) reviews the code of conduct and the emergency response plan at least once each year.

Statements in code of conduct

136(2)

A school's code of conduct must include the following statements:

(a) students and staff must behave in a respectful manner and comply with the code of conduct;

(b) the following conduct is unacceptable:

(i) abusing physically, sexually or psychologically — orally, in writing or otherwise — any person,

(ii) bullying,

(iii) unreasonably discriminating on the basis of any characteristic set out in subsection 9(2) of The Human Rights Code,

(iv) using, possessing or being under the influence of alcohol, cannabis or illicit drugs at the school;

(c) the following conduct is not tolerated on school sites:

(i) gang involvement,

(ii) possession of a weapon (as that term is defined in section 2 of the Criminal Code (Canada));

(d) students and staff must follow authority board policies and the code of conduct respecting the appropriate use of

(i) the Internet and electronic communication, including social media, text messaging, instant messaging, websites and e-mail, and

(ii) digital cameras, cell phones (including cell phones equipped with digital cameras), and any other electronic or personal communication devices identified by the board.

Additional requirements

136(3)

A school's code of conduct must also include

(a) the disciplinary consequences for violating the code of conduct and the process for appealing disciplinary decisions; and

(b) any other requirements set out in the regulations.

Content of emergency response plans

136(4)

A school's emergency response plan must include

(a) the role of the principal, school staff and counselling and crisis intervention personnel in the event of an emergency;

(b) procedures for

(i) controlling visitor access to the school site,

(ii) communicating inside and outside the school in an emergency,

(iii) contacting parents of students in an emergency,

(iv) responding to the threat posed by a person possessing a weapon at the school site,

(v) dealing with an emergency caused by a bomb threat, fire, chemical spill or the weather, and

(vi) evacuating the school site and carrying out practice drills; and

(c) any other requirements set out in the regulations.

Application — abuse, bullying and cyberbullying

137(1)

This section applies to the following unacceptable conduct:

(a) abusing physically, sexually or psychologically — orally, in writing or otherwise — any person;

(b) bullying;

(c) cyberbullying.

Report to principal — unacceptable conduct

137(2)

If

(a) an employee of the provincial education authority; or

(b) a person who has care and charge of one or more students during a prescribed school-approved activity;

becomes aware that a student of a school may have engaged in unacceptable conduct or may have been negatively affected by unacceptable conduct while at school or during a prescribed school-approved activity or in other prescribed circumstances, the employee or person must report the matter to the principal of the school as soon as reasonably possible.

Notify parents — unacceptable conduct

137(3)

Subject to the regulations, a principal who believes that a student of the school has been harmed as a result of the unacceptable conduct (including by being negatively affected by cyberbullying) must, as soon as reasonably possible, notify the student's parent.

Content of notification

137(4)

The principal must include the following information in the notification:

(a) the nature of the unacceptable conduct that resulted in harm to the student;

(b) the nature of the harm to the student;

(c) the steps taken to protect the student's safety, including the nature of any disciplinary measures taken in response to the unacceptable conduct.

Limits on personal information

137(5)

Except insofar as is necessary to comply with subsection (3), the principal must not disclose the name of, or any other identifying or personal information about, a student who engaged in unacceptable conduct.

Additional obligation

137(6)

The principal's obligation to report under this section is in addition to, and not in derogation of, any other obligation to report unacceptable conduct under any other enactment.

Regulations — unacceptable conduct

137(7)

The minister may make regulations

(a) prescribing school-approved activities and circumstances in which engaging in unacceptable conduct must be reported to the principal;

(b) governing circumstances in which notification to parents is not required.

Policy — respect for human diversity

138(1)

The authority board must, with due regard for the principles of The Human Rights Code, establish a written policy concerning respect for human diversity and ensure that the policy is implemented in every school.

Purpose

138(2)

The purpose of the respect for human diversity policy is to promote and enhance a safe, caring and inclusive learning environment, the acceptance of others and respect for them and the creation of a positive and safe school environment.

Contents

138(3)

The respect for human diversity policy must

(a) address training for teachers and other staff about bullying prevention and strategies for promoting respect for human diversity and a positive and safe school environment;

(b) accommodate the establishment of student groups and the organization of student activities that use the name "gay-straight alliance" or any other name that is consistent with the promotion of a positive and safe school environment that is caring and inclusive and accepting of all students; and

(c) accommodate student groups or student activities that promote gender equity, anti-racism and the awareness and understanding of, and respect for, people who are disabled by barriers and people of all sexual orientation and gender identities.

ADDITIONAL POLICIES

Policy — student promotion

139(1)

The authority board must establish a written policy respecting student assessment and promotion and ensure that the policy is implemented in every school.

Restriction

139(2)

The authority board must not establish a policy that requires a principal to promote a student regardless of whether the student has achieved the expected learning outcomes.

Policy — students at risk

140(1)

The authority board must establish

(a) a written policy in respect of students who are identified by the principal as being disengaged from school or at risk of becoming disengaged to support them

(i) becoming re-engaged in educational programming, or

(ii) in the case of students who are 15 years of age or older and who have significant difficulties in engaging in educational programming, becoming engaged in alternative activities and programs; and

(b) a written policy to assist students who have significant difficulties attending school regularly.

The authority board must ensure that the policies are implemented in every school.

Principal to identify students at risk

140(2)

The principal of each school must identify students who are disengaged from school or who are at risk of becoming disengaged.

Policy — discipline and behaviour management

141(1)

The authority board must establish a written policy respecting discipline and behaviour management, including the use of seclusion and physical restraint, in schools and ensure that the policy is implemented in every school.

Content of policy

141(2)

The policy must set out

(a) the requirements for the use of progressive disciplinary tools;

(b) the circumstances in which seclusion — including the use of time-outs and therapeutic spaces — and physical restraint may be used;

(c) the procedures for intervention and response for the use of seclusion and physical restraint that minimize the risk of serious harm to students and others; and

(d) the procedures for reporting and documenting the use of seclusion and physical restraints, which must include reporting to parents, principals and the provincial education authority and the time in which such reports must be made.

Policy — suspension and expulsion

142(1)

The authority board must establish a written policy respecting student suspensions and expulsions and ensure that the policy is implemented in every school.

Content

142(2)

The policy must set out

(a) the circumstances in which a student may be suspended or expelled; and

(b) the procedures for analysing and evaluating the use of suspensions and expulsions as disciplinary tools at the school.

Policy — appropriate use of Internet, etc.

143(1)

The authority board must establish a written policy respecting the appropriate use of

(a) the Internet and electronic communication, including social media, text messaging, instant messaging, websites and e-mail; and

(b) digital cameras, cell phones (including cell phones equipped with digital cameras), and any other electronic or personal communication devices identified by the board.

The authority board must ensure that the policy is implemented in every school.

Prohibited access

143(2)

If the policy so provides, a person to whom the policy applies must not access, upload, download, share or distribute information or material that the authority board has determined to be objectionable or not in keeping with the maintenance of a positive and safe school environment.

Policy — potentially sensitive content

144(1)

The authority board must establish a written policy respecting potentially sensitive content and ensure that the policy is implemented in every school.

Developing policy

144(2)

In developing the policy, the authority board must

(a) consult with each school community council in the regional catchment area; and

(b) provide an option for alternative delivery of the potentially sensitive content if there is a conflict between the content and the parent or child's religious, cultural or family values.

Parent must be notified

144(3)

A parent of a student has the right to be notified when instructional materials dealing primarily and explicitly with potentially sensitive content are to be used in a physical education or health education course.

Parent may request student non-participation

144(4)

The parent may request, in writing, that the student be excluded from the portion of the course when the instructional materials containing the potentially sensitive content are being used without academic penalty if there is a conflict between the content and the parent or child's religious, cultural or family values. The teacher must facilitate that request.

Exception

144(5)

Despite subsection (4), the student must receive instruction in the potentially sensitive content by way of alternate delivery.

Definitions

144(6)

The following definitions apply in this section.

"alternate delivery" means delivery of the potentially sensitive content by the child's parent or by a professional with training in the particular content matter. (« autre mode d'enseignement »)

"potentially sensitive content" means content within a physical education or health education course that deals with human sexuality, substance use and abuse prevention and personal safety. (« contenu potentiellement sensible »)

Policy — community use of schools

145(1)

The authority board must establish a written policy respecting the use of school sites by the public when the sites are not being used by students and ensure that the policy is implemented in every school.

Content of policy

145(2)

The community use policy must establish

(a) the manner for determining when school sites are to be made available to the public; and

(b) the terms and conditions for public use of school sites, including

(i) subject to subsection (3), the fees, or the manner of determining the fees, if any, to be charged,

(ii) the entry requirements and supervision to be provided, if any, for when the school sites are used at different times, including during school hours, evenings, weekends and holidays,

(iii) the process to be followed to reserve school sites for public use,

(iv) how priority will be determined when two or more potential users apply to use the same school sites at the same time,

(v) the manner and time period in which a user who has reserved the school sites is to give notice if they will not use the school sites at the reserved time,

(vi) the insurance, if any, that must be held by users, and the circumstances in which users are expected to indemnify the provincial education authority for any loss or damage that may occur as a result of the use,

(vii) the process to be followed in resolving disputes related to the public's use of the school sites, and

(viii) any other provision that the provincial education authority board considers necessary to assist the school in implementing the community use policy.

Fees limited to amounts necessary to recover costs

145(3)

The fee charged in respect of the public's use of a school site must not exceed the amount necessary for the provincial education authority to recover the costs it incurs because of the public's use of the school site.

Monitoring use

145(4)

The provincial education authority must establish procedures for monitoring the use of school sites by the public and may discontinue use by anyone who repeatedly, and without notice, fails to use the school sites when they have reserved them.

Implementation

145(5)

To assist in implementing the community use policy, the provincial education authority must

(a) designate one or more employees to act as the community use coordinator for the schools in each regional catchment area; and

(b) ensure that the following is made available to the public on each school's website:

(i) a copy of the community use policy,

(ii) the name and contact information of the community use coordinator,

(iii) a copy of any application form that a potential user is required to complete when applying to reserve school sites.

FOOD PROVIDED AT SCHOOLS

Student lunches

146

The provincial education authority may provide, with or without charge, lunches to students.

Policy — school food and nutrition

147

The authority board must establish a written policy respecting school food and nutrition and ensure that the policy implemented in every school.

Artificial trans fat banned in schools

148(1)

The provincial education authority must ensure that, for each school, no artificial trans fat is contained in

(a) any vegetable oils and soft, spreadable margarines used in the preparation of foods on the school site;

(b) any prepackaged product sold at the school site; or

(c) any other food product that the school is responsible for selling or distributing to students.

Interpretation

148(2)

For the purpose of subsection (1),

(a) a vegetable oil or soft, spreadable margarine is deemed not to contain artificial trans fat if its total trans fat content does not exceed 2% of its total fat content;

(b) a prepackaged product is deemed not to contain artificial trans fat if

(i) the fat in it originates exclusively from ruminant meat or dairy products, or

(ii) under the Food and Drug Act (Canada), the product does not require a label showing a nutrition facts table or, if the product does require such a label, its nutrition facts table lists the trans fat content as 0.2 grams per serving or less; and

(c) any other food product is deemed not to contain artificial trans fat if

(i) the fat in it originates exclusively from ruminant meat or dairy products, or

(ii) the total trans fat content of the product does not exceed 5% of the total fat content.

Exception

148(3)

Subsection (1) does not apply

(a) to a local restaurant product that is sold or distributed in a school if

(i) the product is not available at the school on a daily basis, and

(ii) the principal of the school is satisfied that the sale or distribution of the product is not inconsistent with the school's food and nutrition policy; or

(b) to food provided by a student or their parent.

Definitions

148(4)

The following definitions apply in this section.

"artificial trans fat" means non-naturally occurring fats formed by the hydrogenation of vegetable oils. (« gras trans hydrogénés »)

"food" means any substance intended for use in whole or in part for human consumption. (« aliment »)

"prepackaged product" means any food that is contained in a package in the manner in which it is ordinarily sold to, or used or purchased by, a person. (« produit préemballé »)

HEALTH MATTERS

Anaphylaxis policy

149(1)

The authority board must establish a written policy to address the needs of students who have diagnosed anaphylaxis that meets the requirements set out in the regulations and ensure that the policy is implemented in every school.

Regulations — anaphylaxis

149(2)

The minister may make regulations respecting the framework of the anaphylaxis policy, and the requirements to be contained in the policy.

Medical and dental assessments

150

Subject to the minister's approval and the requirements under The Public Health Act, the provincial education authority may establish a medical and dental health assessment program for students and school staff.

TRANSPORTATION

Requirement to provide transportation

151(1)

The provincial education authority must provide for the transportation of students in accordance with the regulations.

Regulations — transportation

151(2)

The Lieutenant Governor in Council may make regulations

(a) regulating transportation within regional catchment area boundaries and within a specified distance from a child's residence;

(b) respecting the method for calculating distances related to student transportation;

(c) respecting contracts for transportation that the provincial education authority may enter into;

(d) respecting the travel time limits and geographic limits within which transportation is required to be provided;

(e) respecting the circumstances in which compensation may be paid to parents in lieu of transportation provided by the provincial education authority;

(f) respecting the duties, powers and functions of drivers and principals, teachers and other school staff in respect of student transportation;

(g) respecting the standards for student transportation, including

(i) the testing of vehicles and drivers,

(ii) the use of vehicles for purposes other than student transportation,

(iii) the maintenance for vehicles and equipment;

(h) prescribing procedures for the enforcement of the standards and the persons who may enforce the standards;

(i) respecting the duties of school patrols in relation to student transportation;

(j) prescribing safety rules, including emergency procedures for student transportation to be followed by students, drivers and the principals, teachers and other school staff.

Requirements under Highway Traffic Act still apply

151(3)

For greater certainty, a requirement under a regulation made under subsection (2) is not a substitute for or a derogation of any requirement under The Highway Traffic Act.

COMMUNITY SCHOOLS

Philosophy

152(1)

The community school philosophy endorses and promotes the following:

(a) schools are an integral part of the community;

(b) the whole of the community in which the school is located, including its agencies, organizations, businesses and trades, is a resource for the school;

(c) the culture of the students and the culture of their community is reflected in the school;

(d) school facilities are community resources and are shared in accordance with the authority board's community use policy.

Model

152(2)

The community school model recognizes that

(a) the health and well-being of students cannot be separated from the health and well-being of their families and communities;

(b) to achieve educational success, students need to have the social, emotional and physical health and well-being to come to school ready to engage in the learning process every day;

(c) the following are examples of what may be required to support students, their families and communities:

(i) health and mental health services,

(ii) nutrition services,

(iii) early childhood education programs,

(iv) before and after school programs,

(v) mentoring and other youth development programs,

(vi) cultural awareness activities,

(vii) parent education and development activities,

(viii) crime prevention and rehabilitation services;

(d) the school is a community-level hub that can be used to deliver the services, programs and activities that students, their families and communities require, before, during and after school and on weekends and holidays; and

(e) parents and community members can play an active part in the planning process for the school and can contribute expertise and resources to assist in meeting the needs of students, families and their communities.

Designation

153(1)

The minister may designate a school to participate in the community schools program.

Purpose

153(2)

The purpose of the community schools program is to support the capacity of the public education system to enhance the social, emotional and physical health and well-being of students in socio-economically disadvantaged communities so that they may

(a) come to school ready to engage in the learning process every day; and

(b) take full advantage of the educational opportunities available at the school.

Funding

154(1)

The minister may provide grants from money appropriated by an Act of the Legislature to the provincial education authority in respect of a participating community school if the provincial education authority has

(a) submitted to the minister a plan that is satisfactory to the minister and that includes proposed initiatives and activities for the year, as well as any other information required by the minister;

(b) submitted to the minister an annual progress report that is satisfactory to the minister about the initiatives and activities previously undertaken; and

(c) met any other term and condition established by the minister or set out in the regulations.

Reporting

154(2)

In 2022 and in each fourth year after that, the minister must prepare a report on the activities of the community schools program. The report must contain a summary of the performance of the program and any other prescribed information.

Report to be made public

154(3)

The minister must make the report available to the public by posting it on the government's website and by any other means the minister considers advisable.

Regulations — community schools

154(4)

The minister may make regulations

(a) establishing the criteria to be used in determining if a school is eligible to be designated as a community school;

(b) prescribing terms and conditions that apply to grants made in respect of community schools funding;

(c) prescribing information to be included in the report prepared under subsection (2).

Community liaison assigned

155(1)

The provincial education authority must assign an employee to act as a liaison for a community school.

Role

155(2)

Using the community school philosophy and model and working in conjunction with principals, teachers, school staff, parents and community members and organizations, the community liaison is responsible for

(a) identifying the non-academic impediments that prevent students from

(i) coming to school ready to engage in the learning process every day, and

(ii) taking full advantage of the educational opportunities available at the school;

(b) identifying services, programs and activities that are complementary or in addition to educational programming that will remove, lessen or prevent those impediments;

(c) facilitating and coordinating the delivery of those services, programs and activities through the use of the school as a community-level hub; and

(d) working collaboratively with the department in identifying best practices that may be adopted in other schools across the province.

PART 8

FINANCIAL ADMINISTRATION AND PROPERTY

Fiscal year

156

The fiscal year of the provincial education authority starts on July 1 of a year and ends on June 30 of the year immediately following.

Budget preparation

157

In preparing its budget, the authority board must prepare separate estimates for the expenditures and revenue for the schools within each regional catchment area in the form and manner specified by the minister.

Budget consultations

158(1)

The provincial education authority must present the estimates for the schools in each regional catchment area at an open meeting and hear from the school community councils and persons present at the meeting who wish to make submissions regarding the estimates.

Notice of meeting

158(2)

At least 14 days before the open meeting at which its proposed estimates for a regional catchment area are to be presented, the provincial education authority must

(a) provide notice of the meeting to each of the school community councils in the regional catchment area; and

(b) provide public notice of the meeting within the regional catchment area, in the manner determined by the provincial education authority.

Approval of budget

158(3)

The authority board must not approve the annual budget for the provincial education authority until after it has completed the requirements under subsection (1).

Budget to be submitted to minister

159(1)

On or before March 31 of each year, the authority board must submit its budget for the immediately following fiscal year to the minister for approval in the form and manner specified by the minister.

Adoption of budget

159(2)

The minister may approve a budget submitted under subsection (1)  or may, after consultation with the authority board, amend it, and the authority board must then adopt the budget as approved or amended by the minister.

Spending during the fiscal year

160

The authority board must submit, on the request of the minister and in the prescribed form and manner, a detailed estimate of the expenditures and revenue for the current fiscal year for the schools within each regional catchment area.

Auditor

161

The authority board must appoint an independent auditor who must audit the records, accounts and financial transactions of the provincial education authority annually.

Financial statement provided to minister

162(1)

The authority board must provide to the minister a properly audited financial statement showing the expenditures, revenues, and other financial information for the immediately preceding fiscal year and the financial position of the provincial education authority at the close of the immediately preceding fiscal year.

Date financial statement due

162(2)

The financial statement must be provided no later than October 31 of each year and in the form and manner specified by the minister.

Accumulated deficit

163(1)

If the financial statement discloses an accumulated deficit, the authority board must

(a) inform the minister of the accumulated deficit and the reason the provincial education authority incurred it; and

(b) prepare a plan to eliminate the accumulated deficit and submit it to the minister for approval.

Action by minister

163(2)

If the minister is not satisfied with the authority board's plan to eliminate the accumulated deficit, the minister may

(a) direct the authority board to prepare a revised plan to eliminate the accumulated deficit within a period of time directed by the minister and submit it to the minister for approval; or

(b) require the authority board to take such measures as the minister considers appropriate to eliminate the accumulated deficit.

Definition of "accumulated deficit"

163(3)

In this section, "accumulated deficit" means the financial position of the operating fund of the provincial education authority where the amount by which the total of all deficits for the year and preceding years exceeds the total of all surpluses for the year and preceding years.

Borrowing

Borrowing restricted

164

The provincial education authority must not borrow money except in accordance with this Act or another Act.

Short-term borrowing

165(1)

The provincial education authority may, if authorized by by-law of the provincial education authority board, engage in short-term borrowing by way of loan from the government or by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution.

Limit on amount

165(2)

The total amount of the short-term borrowing outstanding at any time must not exceed

(a) the amount of the estimate of the approved expenditures of the provincial education authority for the current year;

(b) if an estimate under clause (a) has not been made, the amount of the approved expenses of the provincial education authority for the immediately preceding year; or

(c) any greater amount approved by the Lieutenant Governor in Council.

Definition

165(3)

In this section, "short-term borrowing" means borrowing or raising money on terms that require it to be repaid within one year.

Long-term borrowing

166(1)

In addition to its short-term borrowing authority, the provincial education authority may, with the approval of the Lieutenant Governor in Council,

(a) borrow money to the extent permitted by The Financial Administration Act or any other Act; and

(b) despite any other Act, borrow money to repay money previously borrowed under the authority of The Financial Administration Act or any other Act.

Terms and conditions

166(2)

The terms and conditions of borrowing under this section are to be determined by the Minister of Finance in consultation with the provincial education authority.

Advance out of Consolidated Fund

167

Money required for a loan from the government under section 165 or 166 may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.

Securities

168(1)

A provincial education authority may issue securities, as defined in The Financial Administration Act, only if

(a) it is authorized to do so by the Lieutenant Governor in Council; and

(b) the amount of the security is within the provincial education authority's borrowing authority under this Act, The Financial Administration Act or any other Act.

Terms and conditions

168(2)

The terms and conditions of securities under this section are to be determined by the Minister of Finance in consultation with the provincial education authority.

Signature requirements

168(3)

The securities must bear the seal of the provincial education authority and include the original or copy of the signature of the chair or vice-chair.

Evidence of validity of security

168(4)

A reproduction of the seal or a copy of the signature of the chair or vice-chair on a security is valid and binding on the provincial education authority for all purposes without proof of the seal, or of the signature or appointment of the person signing the security.

Board resolution

169

A recital or declaration in an authority board resolution or in the authority board minutes authorizing the issue or sale of a security is conclusive evidence of the authorization.

Debt repayment

170(1)

The provincial education authority may deposit with the Minister of Finance, for investment on its behalf, money that is to be used for the sole purpose of repaying its debt. The Minister of Finance may apply the money to the repayment of the provincial education authority's debt as it falls due.

Investments and interest

170(2)

At the request of the provincial education authority, the Minister of Finance must pay to the provincial education authority interest earned on money invested under subsection (1).

Agreement about terms and conditions

171

The provincial education authority may enter into an agreement with the Minister of Finance respecting the terms and conditions of borrowing by the provincial education authority, government guarantees and the issuance of securities.

Minister of Finance as agent

172

The Minister of Finance may act as agent for the provincial education authority respecting any matter referred to in this Part.

Short-term borrowing in other currencies

173(1)

The maximum number of dollars authorized for the provincial education authority's short-term borrowing may be borrowed in the same number of dollars in the currency of the United States.

Other cases

173(2)

If the provincial education authority is authorized under another Act to borrow money in a currency other than Canadian dollars, section 52 (raising money in foreign currency) of The Financial Administration Act applies, with necessary changes.

PROPERTY

General powers

174

Subject to this Act, the provincial education authority may, for its purposes, acquire, hold, encumber, mortgage, lease, dispose of and otherwise deal with land, improvements and personal property, or interests in land, improvements and personal property.

Powers to expend money

175

The provincial education authority may expend money raised for school purposes

(a) for extending a gift or benefit as an incident of protocol, custom or social obligation, including a tribute or recognition of a person;

(b) for sponsoring or participating in activities in co-operation with educational organizations;

(c) for making grants to or becoming members of educational or related organizations approved by the board; and

(d) for the professional development of teachers or other staff.

Powers re money — approval required

176

With the provincial education authority board's approval, the provincial education authority may

(a) expend school money for the purpose of assisting any activities carried on under an agreement entered into by the province and the Government of Canada; and

(b) accept on behalf of the provincial education authority any gift of real or personal property or any interest in that property and apply the revenue derived from it or the proceeds of the sale of it, or both, toward the payment of scholarships or any other purpose set out by the gift's donor, or if the gift is not made subject to conditions, for any purpose that the authority board, subject to the minister's approval, may determine.

Deposit of funds

177

The authority board must arrange to deposit all provincial education authority funds in a bank or credit union account.

Authority for reserves

178

The authority board may, with the minister's approval, establish reserves.

Investments

179(1)

The provincial education authority may

(a) invest in securities of a bank, trust company or credit union, or securities issued or guaranteed by the Government of Canada or the Government of Manitoba, that mature within one year; or

(b) deposit for investment with the Minister of Finance for a period not exceeding one year;

money that is not required for immediate expenditure.

Definition of "securities"

179(2)

In this section, "securities" means bonds, debentures, promissory notes, deposit certificates, treasury bills, trust certificates, guaranteed investment certificates or other documents evidencing debt.

Power to acquire property

180

The power to acquire land, improvements and personal property includes

(a) acquisition by purchase, lease, gift or otherwise, on any terms or conditions acceptable to the provincial education authority; and

(b) acquisition of options on land.

Approval required to acquire property

181

The provincial education authority must not do any of the following without the approval of the minister:

(a) acquire land in any manner, except by way of a gift;

(b) expropriate land or improvements;

(c) purchase, lease or otherwise acquire a building or part of a building to be used for instructional purposes;

(d) erect, enlarge or remodel a building or part of a building to be used for instructional purposes;

(e) enter into a contract for any purpose described in clauses (a) to (d).

Expropriation

182(1)

Subject to clause 181(b), the provincial education authority may acquire land and improvements that the provincial education authority considers necessary or advisable to acquire for its purposes by expropriation in accordance with The Expropriation Act.

Authority to enter upon land

182(2)

The authority board may authorize an employee or other person to enter upon land to conduct surveys, appraisals and tests for the purpose of determining whether to expropriate, and a person so authorized may enter upon the land for that purpose.

Liability for damages

182(3)

The provincial education authority is liable for any damage arising from the entry under authority of subsection (2) by an authorized employee or other person on land.

Power to mortgage

183

The power to mortgage land includes

(a) the mortgage of land as security for part of the purchase price or for any other purpose; and

(b) the acceptance and registration of a mortgage on land sold by the provincial education authority as security for the whole or part of the purchase price.

Disposal of land or buildings

184(1)

The provincial education authority must not dispose of any land or buildings owned by it, or any interest or right in them, by way of sale, lease, gift or otherwise, unless it first obtains the minister's approval.

Regulations — disposal of land or buildings

184(2)

The minister may make regulations respecting the disposal of land or a building that the provincial education authority owns or in which it has an interest or right, including

(a) prescribing the process to be followed by the provincial education authority in disposing of the land or building;

(b) requiring that priority be given to prescribed persons or organizations that might wish to acquire the land or building.

Notice of intention to dispose of land

185(1)

The provincial education authority must not dispose of land until the authority board has presented the proposed disposition, and the reasons for the disposition, at an open meeting of the authority board and heard from persons present who wish to make submissions regarding the disposition.

Notice of meeting

185(2)

At least 14 days before the open meeting at which a disposition of land is to be considered, the authority board must provide public notice of the meeting.

Payment to Consolidated Fund

186

The minister may require that any money realized by the provincial education authority from the disposal of a school site be paid over to the Consolidated Fund.

Purchased land exempt from restrictions, development schemes

187

If the land acquired for a school site is subject to a building restriction or a development scheme, the provincial education authority may use the land for its purposes in any manner. The use is not subject to the building restriction or development scheme or any instrument, declaration or agreement registered in respect of the restriction or scheme.

Purchase of encumbered land

188(1)

If the land purchased for a school site is subject to an encumbrance, the provincial education authority may use the purchase money to pay off the encumbrance with interest to the date of the payment. If the encumbrance consists of a mortgage or annuity charge, it may be paid off, with interest to the date of the payment and an additional amount equal to three months' interest.

Payment deposited instead with Minister of Finance

188(2)

The provincial education authority may deposit the money with the Minister of Finance if

(a) the person entitled to receive the payment under subsection (1) refuses to accept it;

(b) the person entitled to receive the payment cannot be found; or

(c) there is doubt or uncertainty as to the person who is entitled to receive the payment.

The provincial education authority must provide the Minister of Finance with a written statement indicating the reasons for the deposit and any other information regarding the identity of the person who has or may have a claim on the payment.

Minister of Finance to issue receipt

188(3)

The Minister of Finance must issue a receipt to the provincial education authority for the deposit.

Encumbrance discharged

188(4)

When the provincial education authority provides the receipt and an affidavit of the minister setting out the circumstances for the deposit that is satisfactory to the district registrar of the land titles district in which the land is situated, the encumbrance must be discharged pro tanto, and the entry for the encumbrance on the certificate of title must be struck out or amended.

Disbursement of payment

188(5)

The Minister of Finance may disburse the payment on the direction of the district registrar.

Disposal of mines and minerals

189

If the provincial education authority owns the mines and minerals lying in or under a school site, it may lease, sell or otherwise dispose of and deal with those mines and minerals or any part of them, but only if authorized by a by-law of the authority board and with the minister's approval. In doing so, the provincial education authority may enter into agreements or contracts such as petroleum leases, natural gas leases, unitization agreements and pooling agreements with respect to the mines and minerals.

PEDESTRIAN SAFETY

Pedestrian safety part of school design

190(1)

During the planning for a new school, pedestrian safety must be taken into account when selecting the school site and during all stages of the school design process.

Consultation with traffic engineers

190(2)

Traffic engineers or other persons with recognized traffic safety qualifications must be consulted at the start of the school design process and throughout the process.

Notice to traffic authority

190(3)

When the minister has approved the construction of a new school or a significant expansion to an existing school, the provincial education authority must notify the traffic authority responsible for each road and highway that borders the school site.

Pedestrian and traffic safety analysis required

190(4)

After being advised of the approval, the traffic authority must conduct an analysis of the roads and highways that border the school site to determine if any changes should be made to address increased pedestrian activity and traffic flow once the new or expanded school is in use.

Considerations

190(5)

The pedestrian and traffic safety analysis must include

(a) a review of speed limits in the vicinity of the school; and

(b) a consideration of whether new infrastructure or traffic control devices, such as signs, crosswalks and pedestrian corridors, are required on roads and highways that border the school site.

Notice of changes and timelines

190(6)

Based on the results of the pedestrian and traffic safety analysis, the traffic authority must provide the provincial education authority with written notice of all the changes it is to implement to address pedestrian and traffic safety when the new or expanded school is in use and provide an expected timeline for implementing those changes.

Timeline to implement changes

190(7)

The traffic authority must provide the provincial education authority with a list of the changes that the traffic authority is to implement and the timeline for implementing each change.

Definition

190(8)

In this section and section 191, "traffic authority" means a traffic authority as defined in The Highway Traffic Act.

Temporary safety measures

191

If a new or expanded school is used before a traffic authority has implemented all its intended changes, the traffic authority — after consulting with the provincial education authority — must

(a) implement any temporary pedestrian and traffic safety measures that the traffic authority considers appropriate; and

(b) maintain those measures until the traffic authority's changes are fully implemented.

SCHOOL CLOSURES

Criteria for school closure

192(1)

The provincial education authority may close a school if one of the following criteria is met:

1.

The closure is the result of a consolidation of schools within the community or area served by the school.

2.

There is consensus for the closure among the parents and the residents of the community or area served by the school.

3.

It is no longer feasible to keep the school open due to declining enrolment and, despite reasonable efforts having been made, the provincial education authority has been unable to expand the use of the school building for appropriate community purposes.

Closure process

192(2)

The authority board must establish a written policy respecting the process for a school closure and ensure that the policy is implemented.

Contents

192(3)

The school closure policy must provide for

(a) the notification of parents and residents of the community or area served by the school that a school closure is being considered;

(b) the distribution to the public of information about the proposed school closure; and

(c) a public consultation process for parents and residents of the community or area served by the school to provide input and comment on the proposed school closure.

Regulations — school closure policy requirements

192(4)

The minister may make regulations respecting the school closure policy and the requirements to be contained in the policy.

PENSION PLAN FOR EMPLOYEES OTHER
THAN TEACHERS

Pension plan

193(1)

Subject to subsection (2), the provincial education authority must establish a pension plan (as defined in The Pension Benefits Act) for the employees and officers of the authority who are not provided for under The Teachers' Pensions Act and for this purpose may

(a) establish a superannuation or pension fund and make rules governing the management, administration and investment of the fund;

(b) make rules specifying the person who is eligible to participate in the plan, the amount each participant is required to contribute, the conditions under which a participant, other person or estate is eligible to receive a pension or other benefits, the amount of such pension or other benefits and the procedures to be followed in the administration of the plan;

(c) enter into an agreement with a life insurance company or trust company, provided such company is authorized to carry on its business in Manitoba, to manage the investments of the fund; and

(d) guarantee the solvency of any superannuation or pension fund established by it.

Optional plan

193(2)

In lieu of establishing a superannuation or pension fund under subsection (1), the provincial education authority may

(a) enter into an agreement with a municipality in Manitoba whereby the employees of the provincial education authority become eligible to participate in the pension plan established by that municipality; or

(b) enter into an agreement with a life insurance company authorized to carry on its business in Manitoba, or with the Government of Canada or with the Manitoba School Benefits Administration Corporation, to provide a pension or other benefits for its employees who are not teachers.

Contribution

193(3)

Where a pension plan is established under subsection (1) or (2), the provincial education authority must contribute from the funds of the authority the amount required under the plan to be contributed by it and must include the amount of the contribution in its annual estimates.

Protected from attachment and not assignable

193(4)

The interest of an employee in the fund or any allowance or payment out of the fund to any person entitled under this Act is not subject to garnishment, attachment or seizure, or to any legal process whatsoever and in the case of the death of the employee or person receiving an allowance, any allowance or payment out of the fund does not form part of the estate of the deceased so as to be liable for any of the person's debts and no interest, allowance or payment out of the fund is assignable, except that the sum which an employee who leaves the service or is dismissed is entitled to be paid out of the fund may be assigned to another employee superannuation or pension fund or plan approved by the Minister of National Revenue.

OTHER MATTERS

Debt due from municipality

194

All money payable to the provincial education authority by a municipality and remaining unpaid after the payment date set by this Act is a debt owed by the municipality to the provincial education authority.

Agreements — Internet services

195(1)

With the approval of the minister, the provincial education authority may enter into a cost-sharing agreement to establish or improve a school's connectivity to the Internet through fibre-optic linkages or other high-speed Internet technologies with the following:

(a) the Government of Manitoba or the Government of Canada or an agency of either of those governments, or a municipality, or the council of a band as defined in the Indian Act (Canada);

(b) any other public body designated in the regulations;

(c) a person in the business of providing Internet connectivity services.

Public partners to be given priority

195(2)

In determining whether to enter into a cost-sharing agreement, the provincial education authority must consider partnering with a person or body described in clause (1)(a) or (b) in priority to partnering with a person described in clause (1)(c).

Regulations — public body designation

195(3)

The minister may make regulations designating public bodies for the purpose of clause (1)(b).

PART 9

FUNDING

Definitions

196(1)

The following definitions apply in this Part.

"assessable property" means the property shown on the assessment roll of a municipality and in respect of which

(a) taxes for school purposes are required to be paid; or

(b) grants in lieu of taxes for school purposes are paid under an Act of the Legislature or an Act of Parliament. (« bien imposable »)

"assessor" means

(a) an assessor appointed under The Municipal Assessment Act; or

(b) an assessor appointed under The City of Winnipeg Charter. (« évaluateur »)

"capital support" means grants for capital expenditures as set out in this Part and in the regulations. (« aide en capital »)

"capital support program" means the program of providing capital support to the provincial education authority that is under the administration of the minister. (« programme d'aide en capital »)

"council" means

(a) in the case of a municipality, the council of that municipality;

(b) in the case of a local government district, the resident administrator of that local government district or the elected council, if one exists; and

(c) in the case of a special locality, the minister responsible for the administration of The Northern Affairs Act. (« conseil »)

"education support levy" means a levy imposed under section 208 by the council of a municipality. (« taxe d'aide à l'éducation »)

"farm and residential property" means property that is within the classes of property prescribed under The Municipal Assessment Act as Residential 1, Residential 2, Residential 3 and Farm Property. (« bien agricole et résidentiel »)

"former school division" means the school division that was established under The Public Schools Act, as that Act read immediately before the coming into force of section 1 of Schedule C of The Education Modernization Act. (« ancienne division scolaire »)

"operational support" means grants for which provision is made in this Part and in the regulations, but not including capital support. (« aide de fonctionnement »)

"operational support program" means the program of providing operational support to the provincial education authority that is under the administration of the minister. (« programme d'aide de fonctionnement »)

"regulations" means regulations made under this Part. (« règlement »)

"special locality" means a community or an incorporated community in northern Manitoba as those expressions are defined in The Northern Affairs Act. (« localité spéciale »)

"total school assessment" means total school assessment as defined in The Municipal Assessment Act. (« évaluation scolaire totale »)

Reference

196(2)

In this Part, a reference to "municipality" includes a local government district and special locality.

Application of Part in L.G.D. and special localities

197

Where under this Part

(a) anything is required or authorized to be done by a municipality, it shall or may be done by or on the direction of the council; and

(b) any statement, notice or document is required to be given or sent to a municipality, in the case of a municipality that is a local government district, it shall be given or sent to the resident administrator thereof and in the case of a special locality, it shall be given to the minister responsible for The Northern Affairs Act.

Assessment data

198

On written request of the minister, the following must provide the minister with any information that they possess concerning assessment and taxation in a municipality, in the form and manner specified by the minister:

(a) the assessor;

(b) the minister responsible for The Northern Affairs Act;

(c) the provincial education authority;

(d) a municipality;

(e) the resident administrator of a local government district.

CAPITAL SUPPORT PROGRAM

Administration of capital support program

199(1)

The minister is to administer the capital support program.

Criteria minister must consider

199(2)

In administering the capital support program, the minister must consider the following factors:

(a) the instructional requirements of the programs and courses offered by the provincial education authority;

(b) the requirements of students with special needs;

(c) the community use of schools and the role of schools in their local communities;

(d) the influence of the design and maintenance of school buildings on the health and safety of students and other school users;

(e) energy efficiency;

(f) sustainable design and building practices;

(g) the life-cycle costs of school buildings;

(h) the long-term maintenance and renewal of school buildings and infrastructure;

(i) heritage preservation;

(j) the geography of school catchment areas;

(k) the efficient use of school sites within each regional catchment area and across regional catchment areas.

Capital support

199(3)

The minister may provide capital support to the provincial education authority out of money appropriated by an Act of the Legislature for that purpose, at the times and in the manner specified by the minister.

Capital support for early learning and child care

199(4)

Capital support provided for a new school or, subject to the regulations, a school undergoing a major renovation must include support for an early learning or child care facility in the school or on adjacent school property.

Terms and conditions

199(5)

Capital support provided to the provincial education authority is subject to the terms and conditions specified by the minister.

Administering capital support program

199(6)

In administering the capital support program, the minister may utilize the services of

(a) an employee of a government department or branch, other than the minister's department, with the written approval of the minister responsible for that department or branch; or

(b) an employee of a government agency, within the meaning of The Financial Administration Act, with the written approval of that government agency.

OPERATIONAL SUPPORT PROGRAM

Administration of operational support program

200(1)

The minister is to administer the operational support program.

Criteria minister must consider

200(2)

In administering the operational support program, the minister may

(a) require the provincial education authority to provide information determined with reference to the boundaries of the regional catchment areas or the former school divisions; and

(b) determine the operational support to be provided with reference to the boundaries of the regional catchment areas or the former school divisions.

Operational support

201

The minister may provide operational support to the provincial education authority out of money appropriated by an Act of the Legislature for that purpose, at the times and in the manner determined by the minister.

Notice

202

On or before February 15 in each year, the minister must notify the provincial education authority of the amount of operational support that will be provided to the authority in the coming fiscal year.

Provincial education authority reporting

203(1)

The provincial education authority must prepare and submit to the minister any reports and returns the minister requires, and must submit to the minister for inspection any contracts or documents relative to the affairs of the authority the minister requires, and the minister may make copies of such contracts or documents.

Withholding of supports

203(2)

The minister may withhold the payment of all or part of any operational support payable to the provincial education authority until the authority has complied with any requirement under subsection (1).

Special reductions in support

204

Where, under any agreement or practice under which the owner of property which is not assessable or the assessment of which is fixed by agreement or statute makes payments to

(a) the provincial education authority; or

(b) a municipality all or part of which is in a regional catchment area for or in respect of school purposes;

in excess of any taxes for the payment of which the owner is liable, the minister may reduce the amount of support provided to the provincial education authority in any year by the whole or a part of the amount of such payments that the authority receives or is entitled to receive in that year.

EDUCATION SUPPORT LEVY

Amount to be raised by education support levy

205

In each year, the minister must determine the total amount to be raised by education support levies imposed on assessable property other than farm and residential property that will be provided to the provincial education authority in the coming fiscal year.

Amount to be raised by municipality

206

The amount to be raised by a municipality each year by an education support levy is the amount calculated by the minister according to the following formula:

Amount = T × SM/ST

In this formula,

T

is the total amount that, according to section 205, must be raised for that year by education support levies;

SM

is the portion of the municipality's total school assessment for the year that is attributable to assessable property other than farm and residential property, based on the latest assessment information obtained from the assessor before March 15 of that year;

ST

is the total of the amounts determined for SM for the year for all municipalities.

Statement to municipalities

207

On or before March 15 of each year, the minister must send to each municipality a statement setting out the amount to be raised by the municipality for that year by an education support levy, as calculated under section 206.

Council to impose education support levy

208

Upon receiving the statement referred to in section 207, the council of a municipality must set the mill rate and impose a levy on assessable property in the municipality other than farm and residential property sufficient to raise the amount specified in the statement.

Remittance of education support levy

209(1)

Each year, a municipality must remit to the Minister of Finance, at the time and in the manner prescribed by regulation, the amount specified in the statement under section 207 as the amount to be raised by the municipality that year on assessable property other than farm and residential property.

Interest charges

209(2)

The Minister of Finance may charge interest, at the rate prescribed under section 25 of The Financial Administration Act, on overdue remittances required to be paid under subsection (1).

SPECIAL LEVY

Minister must notify provincial education authority

210(1)

On or before February 15 in each year, the minister must notify the provincial education authority of the amount of support that will be provided to the authority in the coming fiscal year.

Notice of assessment

210(2)

On or before February 15 in each year, the minister must notify the provincial education authority of the amount of the total school assessment applicable to the authority and each municipality within each regional catchment area for that year.

Apportionment of additional revenues

210(3)

After receiving notice under subsection (1), the provincial education authority board must estimate the amount of revenue that will be required to be raised by a special levy and must apportion that amount among the regional catchment areas on the basis of the proportionate amount to be expended in the year in each area, as determined under section 157.

Apportionment to municipalities

210(4)

Subject to subsection (5), after estimating the amount of special levy required to be raised within a regional catchment area, the provincial education authority must apportion to each municipality within the area an amount that bears the same relation to the total amount that is required to be raised by special levy as the total school assessment in respect of each municipality bears to the total school assessment in respect of the catchment area.

Apportionment for regional catchment area consisting of two or more former school divisions

210(5)

For a regional catchment area that consists of the territory of two or more former school divisions, the provincial education authority must, after receiving notice under subsection (1),

(a) estimate the amount of revenue that will be required to be raised by special levy on the total school assessment of the regional catchment area; and

(b) apportion the revenue to be raised by each municipality within the regional catchment area in a manner that

(i) reflects the boundaries of the former school divisions, and

(ii) results in differing mill rates being imposed in each municipality that reflect the differing mill rates that were imposed in each municipality for the former school divisions in the calendar year before the year in which the regional catchment area was designated.

Ten-year limit for differential mill rates

210(6)

The provincial education authority must apportion revenue in accordance with subsection (5) for the 10 calendar years commencing on January 1 after the date the regional catchment area was designated.

Common mill rate

210(7)

At the end of the period in subsection (6), the provincial education authority must apportion revenue consistent with the levying of a common mill rate throughout the regional catchment area.

Maximum differential mill rate

210(8)

A differential mill rate imposed under this section must not exceed the highest mill rate imposed in respect of the former school divisions in the calendar year that the regional catchment area was designated.

Statement to municipalities

211

On or before March 15 in each year, the provincial education authority must send to each municipality a statement setting out the amounts that have been apportioned in that year to the municipality in accordance with section 210 and must send to the minister a statement showing the amounts that have been apportioned to each municipality, all or part of which are in the same regional catchment area.

Special levy in municipalities

212

Upon receiving a statement under section 211,  the council of the municipality must, in respect of real and personal property that is assessable property and that is within the municipality and the regional catchment area, fix and impose a tax sufficient to raise the amount that is apportioned to the municipality and set out in the statement.

Remittance of amounts

213

At the times and in the manner prescribed by regulation, each municipality within a regional catchment area must remit to the provincial education authority the amounts apportioned to the municipality and set out in the statements sent to it under section 211.

Interest charges

214

The provincial education authority may charge interest, at the rate determined under section 25 of The Financial Administration Act, on overdue remittances required to be paid by a municipality under section 213.

Transfer of special levy to francophone school division

215

Each year at the times and in the manner prescribed by regulation, the provincial education authority must remit to the francophone school division an amount calculated in accordance with the following formula, as calculated for each regional catchment area:

Amount = TSL/TS × FS

In this formula,

TSL

is the total raised by special levy within the regional catchment area in the year;

TS

is the number of students resident in a regional catchment area attending public schools as of September 30 in the year;

FS

is the number of students resident in that regional catchment area attending a program provided by the francophone school division as of September 30 in the year.

OTHER GRANTS

Special grants

216

The Minister of Finance, on the requisition of the minister, may make special grants to the provincial education authority or francophone school division from money authorized by an Act of the Legislature to be paid for that purpose.

Grants to educational organizations

217

The Minister of Finance, on the requisition of the minister, may make such grants to organizations or groups all or part of whose objects are, in the opinion of the minister, to foster educational projects from money authorized by an Act of the Legislature to be paid for that purpose.

REGULATIONS

Regulations — funding

218(1)

The Lieutenant Governor in Council may make regulations

(a) prescribing the amount of and manner in which capital support and operational support are to be calculated;

(b) prescribing the times at which and the manner in which capital support and operational support are to be provided to the provincial education authority;

(c) respecting the terms and conditions subject to which capital support and operational support are to be provided to the provincial education authority;

(d) prescribing procedures whereby the provincial education authority may submit matters to the minister for approval;

(e) for the purpose of subsection 199(4), respecting circumstances under which capital support for an early learning or child care facility is not required for a school undergoing a major renovation;

(f) prescribing the times at which and the manner in which municipalities must remit to the Minister of Finance and to the provincial education authority amounts required to be remitted under this Part;

(g) prescribing the times at which and the manner in which the provincial education authority must remit amounts required to be remitted to the francophone school division under section 215;

(h) prescribing the amounts of grants to be paid in respect of facilities and resources of the provincial education authority used pursuant to an agreement with an independent school under section 319;

(i) prescribing the amounts of grants to be paid in respect of transportation provided by the provincial education authority pursuant to an agreement with an independent school under section 320;

(j) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Part.

Retroactive regulations — grants

218(2)

A regulation made under this section respecting grants to be provided to the provincial education authority may be made effective retroactively. But such a regulation must not be retroactive to a date before January 1 in the year immediately preceding the year in which the regulation is made.

PART 10

GENERAL

Definitions

219(1)

The following definitions apply in this Division.

"dispute" means any dispute or difference, or apprehended dispute or difference, between an employer and one or more of the teachers it employs or a bargaining agent acting on behalf of those teachers as to

(a) matters or things affecting or relating to terms or conditions of employment or work done or to be done by the employer or by the teacher or teachers; or

(b) privileges, rights and duties of the employer or the teacher or teachers that are not specifically set out in this Act or the regulations.

However, it does not include a controversy or difference arising out of the termination or threatened termination of a teacher's contract. (« différend »)

"employer" means the provincial education authority or the Institute, as the case may be. (« employeur »)

"employer bargaining representative" means the employer bargaining representative appointed under subsection 227(2). (« représentant patronal »)

"employers organization" means the employers organization established under subsection 227(1). (« association d'employeurs »)

"Institute" means the Manitoba Institute of Trades and Technology, as continued under The Manitoba Institute of Trades and Technology Act. (« Manitoba Institute of Trades and Technology »)

"teacher" means a person employed by an employer under a written agreement prescribed under subsection 105(1) and who holds a valid and subsisting teacher's certificate or limited teaching permit issued under this Act. It includes a person certified as a clinician. It does not include a director of education, principal or vice-principal. (« enseignant »)

"teachers' bargaining agent" means, subject to subsection 225(3), The Manitoba Teachers' Society as designated under subsection 225(1). (« agent négociateur des enseignants »)

"unit" has the same meaning as in The Labour Relations Act, and includes a group of teachers. When the expression "appropriate for collective bargaining" is used with reference to a unit, it means a unit that is appropriate for collective bargaining. (« unité »)

Words and expressions in Labour Relations Act

219(2)

Words and expressions used in this Division and not defined in subsection (1) have the same meaning as in The Labour Relations Act, except when the context of this Division requires otherwise.

Application — Manitoba Institute of Trades and Technology

220

For the purpose of this Division, a person employed by the Institute to teach one or more high school courses provided by the Institute is a teacher if the person

(a) is employed by the Institute under a written agreement prescribed under subsection 105(1); and

(b) holds a valid and subsisting teacher's certificate or limited teaching permit issued under this Act.

Labour Relations Act applies

221(1)

The Labour Relations Act applies to the employers, the teachers' bargaining agent and teachers. But if a provision of this Act conflicts or is inconsistent with The Labour Relations Act, the provision of this Act prevails.

Appropriateness of unit

221(2)

Principals and vice-principals are considered to be employed in a managerial capacity in respect of teachers, and a unit is not appropriate for collective bargaining if it includes a principal or vice-principal with teachers.

Division does not apply to the Crown

222

This Division does not apply to the Crown in right of Manitoba or to teachers employed by the Crown.

COLLECTIVE BARGAINING

Application

223

This Division applies to

(a) an employer;

(b) every teacher employed by an employer;

(c) the teachers' bargaining agent; and

(d) the employers organization and the employer bargaining representative.

Status as employer not affected

224

Nothing in this Division affects the status of

(a) the provincial education authority as the employer of its teachers; or

(b) the Institute as the employer of its teachers.

Teachers' bargaining agent

225(1)

For the purpose of collective bargaining, The Manitoba Teachers' Society is designated as the teachers' bargaining agent for every unit of teachers.

Capacity of Manitoba Teachers' Society

225(2)

In carrying out its duties and exercising its powers under this Division, The Manitoba Teachers' Society

(a) is deemed to be a bargaining agent under The Labour Relations Act; and

(b) is deemed to have the capacity to carry out the duties and exercise the powers of the teachers' bargaining agent.

Replacement of teachers' bargaining agent

225(3)

Despite subsection (1), if a union is certified under The Labour Relations Act to represent the majority of teachers in the province, that union becomes the teachers' bargaining agent in place of The Manitoba Teachers' Society.

Exclusive authority of teachers' bargaining agent

226

The teachers' bargaining agent has exclusive authority to bargain collectively with the employers organization on behalf of every unit of teachers and all teachers in those units and to bind the teachers by collective agreement.

Employers organization for employers

227(1)

For the sole purpose of collective bargaining in relation to teachers, an employers organization is hereby established consisting of the employers.

Appointment of employer bargaining representative

227(2)

The provincial education authority is hereby appointed as the employer bargaining representative to represent the employers organization.

Employer bargaining representative

227(3)

The employer bargaining representative must establish policies and procedures for the effective carrying out of its duties and exercise of its powers as the employer bargaining representative.

Capacity of employer bargaining representative

227(4)

The employer bargaining representative is deemed to have the capacity to carry out the duties and exercise the powers of the employer bargaining representative under this Division.

Exclusive authority of employer bargaining representative

227(5)

The employer bargaining representative has exclusive authority to bargain collectively on behalf of the employers organization and to bind its member employers to any collective agreement that is concluded with the teachers' bargaining agent.

TEACHERS' COLLECTIVE AGREEMENTS

Parties to collective agreement respecting teachers

228(1)

The parties to a collective agreement respecting teachers are the employers and the teachers' bargaining agent.

Terms of collective agreement

228(2)

Subject to an arbitration award made under this Division, the terms of a collective agreement respecting teachers are the terms that have been agreed to by

(a) the employers organization as represented by the employer bargaining representative; and

(b) the teachers' bargaining agent as the bargaining agent for every unit of teachers.

ARBITRATION PROCEEDINGS

Meaning of "party" for arbitration proceedings

229

In sections 230 to 234, "party" means

(a) the employers organization as represented by the employer bargaining representative; and

(b) the teachers' bargaining agent as the bargaining agent for every unit of teachers.

When arbitration may be initiated

230(1)

If the parties have been unable to conclude a collective agreement and a period of at least 90 days has elapsed after notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, either party may initiate arbitration proceedings in accordance with this Division to decide the collective bargaining matters in dispute between them.

Labour Board to inquire

230(2)

On the initiation of arbitration proceedings by a party, the Labour Board must inquire into the negotiations between the parties and determine if the initiating party has bargained in good faith with respect to those matters in dispute between the parties.

Discretion of board

230(3)

As an exception, the Labour Board may delay making its determination under subsection (2) until it is satisfied that the initiating party has bargained sufficiently and seriously with respect to those provisions of the collective agreement that are in dispute between the parties.

Notice and effect of determination

230(4)

On completing its inquiry, the Labour Board must give the parties notice of its determination, being either of the following:

(a) the initiating party has bargained in good faith and, as a result, the arbitration is to proceed in accordance with this Part;

(b) the initiating party has not bargained in good faith and, as a result,

(i) no arbitrator or arbitration board is to be appointed to decide the collective bargaining matters in dispute between the parties, and

(ii) the appointment of any such arbitrator or arbitration board made before the Labour Board's notice was given is immediately revoked.

Subsequent proceedings

230(5)

If the Labour Board determines that the initiating party has not bargained in good faith, the initiating party may initiate arbitration proceedings again, and subsections (2) to (4) apply in respect of those proceedings.

Definitions

230(6)

The following definitions apply in this section.

"initiating party" means the party that initiated arbitration proceedings. (« partie requérante »)

"Labour Board" means The Manitoba Labour Board as defined in The Labour Relations Act. (« Commission du travail »)

Terms and conditions of agreement continue in effect

231(1)

Unless the parties agree otherwise, if notice has been given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, the terms and conditions of the collective agreement then in operation continue in effect until the parties conclude a collective agreement or until an arbitration award is made under this Division.

Provision for final settlement of disputes in bargaining

231(2)

Every collective agreement between the parties must contain a provision for the final settlement by arbitration, without stoppage of work, of all disputes arising in collective bargaining between them.

When Labour Relations Act applies

231(3)

Part VII of The Labour Relations Act applies, with necessary changes, to an arbitration carried out under a final settlement provision referred to in subsection (2), except to the extent of any inconsistency with the final settlement provision.

Deemed final settlement provision

232

If a collective agreement between the parties does not contain an arbitration provision for the final settlement of collective bargaining disputes as required by section 231, it is deemed to contain the following provisions:

1.

If the parties are unable to agree on the terms of a renewed or revised collective agreement or a new collective agreement, either party may — after a period of at least 90 days has elapsed after notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act — notify the other in writing of its desire to submit the matters remaining in dispute to arbitration. The matters in dispute must then be submitted to arbitration in accordance with this section.

2.

If the parties agree to refer the matters to a single arbitrator, they must appoint an arbitrator to hear and determine the matters and make an award.

3.

If the parties cannot agree to appoint a single arbitrator, they must take steps to establish an arbitration board to hear and determine the matters and issue an award.

4.

The party that gives the notice under item 1 must include in the notice a statement of the matters in dispute being referred to arbitration. The other party may also provide the initiating party with a statement in writing of the matters it considers to be in dispute.

5.

A statement referred to in item 4 may be amended at any time before the arbitrator or arbitration board begins hearings, but new items may not be added unless bargaining has taken place respecting them.

6.

After hearings begin, neither of the parties may add further items to the statement of matters in dispute, but a party may modify or withdraw any items during the course of the hearing.

7.

Part VII of The Labour Relations Act applies, with necessary changes, to the arbitration of collective bargaining disputes between the parties.

ARBITRATION AWARD

Time limit for award — single arbitrator

233(1)

An arbitrator must make an award within 30 days after concluding the proceedings or within any longer period that the parties agree to.

Time limit for award — arbitration board

233(2)

An arbitration board must make an award within 60 days after concluding the proceedings or within any longer period that the parties agree to.

Criteria

233(3)

In making an award, the arbitrator or arbitration board must take into consideration all factors that they consider relevant, including

(a) the ability of the employers to pay in light of their fiscal situation; and

(b) the economic situation in Manitoba.

Content of award

233(4)

The award must set out the decision of the arbitrator or arbitration board as to how the matters in dispute between the parties are to be settled.

Reasons

233(5)

An interest arbitration award must state the reasons on which it is based, which must include the reasoning of the arbitrator or arbitrations board as to how the criteria in clauses (3)(a) and (b) have been applied.

Decision given to the Labour Board and the minister

233(6)

When the award is given to the parties, the arbitrator or arbitration board must also give a copy to the Labour Board and to the minister.

Award binding

233(7)

The award of an arbitrator or arbitration board is binding on the employers, the teachers in every unit of teachers and the teachers' bargaining agent.

Clarification of award

234(1)

Within 30 days after an award is made, either party may request the arbitrator or arbitration board to clarify the award or a part of it. The award must not be considered to be made until the clarification is provided.

Collective agreement following award

234(2)

Within 30 days after an award is made, the parties to the arbitration must prepare and sign a collective agreement embodying all matters settled in the award.

Representative authorized to sign

234(3)

The employer bargaining representative, acting on behalf of the employers, is authorized to sign a collective agreement respecting teachers.

Collective agreement binding

235

A collective agreement entered into by the teachers' bargaining agent and the employer bargaining representative is binding on

(a) the employers; and

(b) the teachers' bargaining agent and every teacher in the unit to which the collective agreement applies.

STRIKES AND LOCKOUTS PROHIBITED

Strike by teachers prohibited

236(1)

No teacher shall strike.

Strike authorization by bargaining agent prohibited

236(2)

No bargaining agent for a unit of teachers shall declare or authorize a strike.

Lockout by employers prohibited

237

No employer shall declare or cause a lockout of teachers.

Penalty for illegal lockout — employer

238(1)

If an employer declares or causes a lockout of teachers, the employer is guilty of an offence and is liable on conviction to a fine of not more than $25,000.

Penalty for illegal lockout — person

238(2)

Every person who, acting on behalf of the employer, declares or causes a lockout of teachers is guilty of an offence and is liable on conviction to a fine of not more than $2,000.

Penalty for illegal strike — bargaining agent

238(3)

Every bargaining agent that declares or authorizes a strike of teachers is guilty of an offence and is liable on conviction to a fine of not more than $25,000.

Penalty for illegal strike — officers

238(4)

Every officer or representative of a bargaining agent who authorizes or participates in a strike vote of teachers, or declares or authorizes a strike of teachers, is guilty of an offence and is liable on conviction to a fine of not more than $2,000.

Continuing offence

238(5)

Each day that the provincial education authority, person acting on behalf of the provincial education authority, bargaining agent or officer or representative of a bargaining agent contravenes a provision of this Act constitutes a separate offence.

DIVISION 2

FRANCOPHONE SCHOOL DIVISION

Application of Division 1

239(1)

Subject to this section, the following provisions of Division 1 apply for the purpose of collective bargaining between the francophone school division and the unit of teachers employed by the francophone school division, with necessary changes:

(a) the definitions "dispute", "teacher" and "unit" in subsection 219(1);

(b) sections 221, 222 and 224;

(c) sections 228 to 238, except section 235.

Definition of "party"

239(2)

In applying sections 228 to 238, "party" means, as the case may be, the francophone school division or the bargaining agent for the unit of teachers employed by the francophone school division, and "parties" means the two of them.

Collective agreement binding

239(3)

A collective agreement entered into by the francophone school division and the bargaining agent for the unit of teachers employed by the francophone school division is binding on

(a) the francophone school division; and

(b) the bargaining agent and every teacher in the unit to which the collective agreement applies.

PART 11

FRANCOPHONE SCHOOL DIVISION

DEFINITIONS

Definitions

240

The following definitions apply in this Part.

"board of reference" means the Board of Reference established under section 305. (« Commission des renvois »)

"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 students whose first language learned and understood is French. (« programme français »)

"general election" has the same meaning as in section 1 of The Municipal Councils Elections Act. (« élections générales »)

"programme d'accueil" means a program designed to improve the French language skills of students whose French language skills do not meet the language requirements of the francophone program. (« programme d'accueil »)

"regulations" means the regulations made under section 309. (« règlement »)

"school" includes a school site. (« école »)

"school committee" means a school committee referred to in section 253. (« comité scolaire »)

"trustee materials" means books, papers, accounts, documents or chattels related to the trustee's position as a member of the francophone school board. (« documents officiels des commissaires »)

FRANCOPHONE SCHOOL DIVISION

Francophone school division established

241(1)

The Lieutenant Governor in Council must, by regulation, establish a francophone school division and specify its name and boundaries or area.

Amendment

241(2)

The Lieutenant Governor in Council may amend the regulation made under this section when it considers it advisable to do so.

Act applies to francophone school division with exceptions

242(1)

This Act applies to the francophone school division except for the following provisions:

(a) sections 8, 12 and 15;

(b) sections 37 to 50;

(c) section 62;

(d) sections 69 and 70;

(e) sections 82 to 92;

(f) sections 118 to 120;

(g) section 126 other than subsection (4);

(h) section 127;

(i) section 194;

(j) sections 210 to 214;

(k) section 337.

Considerations when applying the Act

242(2)

This Act shall be applied in respect of the francophone school division in a manner consistent with and to the extent required by section 23 of the Charter.

Reference to francophone school division, francophone school board

242(3)

For each provision of this Act that applies to the francophone school division or the francophone school board, as the case may be,

(a) a reference to the "provincial education authority" is deemed to be a reference to the francophone school division; and

(b) a reference to the "authority board" is deemed to be a reference to the francophone school board.

FRANCOPHONE SCHOOL BOARD

Francophone school board

243(1)

The francophone school board

(a) is responsible for

(i) the overall management and supervision of the affairs and operations of the francophone school division, and

(ii) carrying out the duties and exercising the powers of the francophone school division in the division's name and on its behalf; and

(b) is accountable to the minister and the students, parents and the community for student achievement and learning outcomes.

Number of trustees

243(2)

The number of trustees of the francophone school board may not be less than five or more than 11.

Appointment of superintendent

244(1)

The francophone school board shall appoint a superintendent, fix and pay their remuneration and define their duties.

Powers and duties of superintendent

244(2)

The francophone school board may, by resolution, delegate to the superintendent one or more of the following powers:

(a) power to employ, within the establishment and budgetary limits set by the school board, necessary staff except senior officers and employees holding administrative or supervisory positions;

(b) except in respect of positions mentioned in clause (a), power to accept resignations and power to grant within policy and budgetary limits established by the school board, exchange leave for teachers and to cancel or alter that leave;

(c) power to appoint attendance officers;

(d) power to promote non-teaching staff into established positions, except in respect of positions mentioned in clause (a);

(e) power to approve payment under final certificates for payments in respect of routine contracts awarded by the school board other than for new buildings, where the contracts have been completed to the superintendent's satisfaction.

Appointment of secretary-treasurer

245(1)

The francophone school board shall appoint a secretary-treasurer, fix and pay their remuneration and define their duties.

Notice of appointment

245(2)

Where a secretary-treasurer is appointed, the chair of the francophone school board or the secretary-treasurer shall, within 10 days thereafter, send or cause to be sent to the minister by registered mail a written notice of the appointment stating the full name and address and qualifications of the appointee.

Payment of accounts

245(3)

Subject to subsection (4), the secretary-treasurer shall pay the accounts authorized by the francophone school board and in accordance with the policy of the francophone school board.

Payment of accounts without approval

245(4)

The secretary-treasurer may without prior approval of the francophone school board pay all accounts that are payable by the francophone school division and that have been included in the estimates of the school division for the year in which the account is payable if the secretary-treasurer considers payment without prior approval of the school board to be in the best interests of the school division and pay all other accounts that are payable by the school division and that have been approved by the school board.

Secretary-treasurer to report occupations of trust

245(5)

At the first meeting in each year the secretary-treasurer shall make a written statement to the francophone school board of all occupations in which the secretary-treasurer is engaged which involve the receipt by them of money other than that belonging to the school board or to themselves and the secretary-treasurer shall thereafter during the year as they occur, report any such additional occupations or any discontinuance thereof and the chair of the school board shall immediately report to the minister all such occupations made known to the school board.

Recording of minutes

246(1)

The secretary-treasurer shall record in a minute book, without note or comment, all resolutions, decisions and other proceedings of the francophone school board.

Right to examine

246(2)

On the demand of any resident voter, the secretary-treasurer shall make available to them and permit them to examine the minutes of any francophone school board meeting, excepting any record of any meetings held in camera, at any time when the offices of the francophone school division are open for the transaction of business.

Duty to provide programs

247(1)

The francophone school division 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 students in such minority language education facilities as may be required; and

(b) provide a programme d'accueil for resident students whose French language skills do not meet the language requirements of the francophone program.

Programs where numbers warrant

247(2)

The programs described in subsection (1) shall be provided where numbers warrant, based on the number of students expected to take advantage of the programs.

Agreements

248

The francophone school division may enter into agreements with the minister or the provincial education authority 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.

Directed agreement

249

If the minister considers it advisable to do so or necessary under section 23 of the Charter, the minister may direct the francophone school division and the provincial education authority to enter into an agreement under section 248, and in that case the minister may set some or all of the terms of the agreement.

Francophone school division may promote programs and language

250

The francophone school division 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.

By-laws

251

Subject to this Act, the francophone board may make by-laws for the governance of the francophone school division and the management and conduct of its affairs.

Audit committee

252

The francophone school board must, by by-law, establish an audit committee.

School committees

253(1)

A school committee shall be established for each school in which a francophone program is operated by the francophone school division.

Formation and mandate

253(2)

The formation, composition and mandate of school committees is to be specified by by-law of the francophone school board.

ENTITLEMENT TO ATTEND PROGRAMS

Children of entitled persons to be admitted

254(1)

Subject to subsection (2), the francophone school division shall admit to a program it provides under section 247,

(a) any resident student at least one parent of whom is an entitled person; and

(b) if it is reasonably practicable to do so, any non-resident student at least one parent of whom is an entitled person.

Admission of non-fluent children

254(2)

The francophone school division may require a student 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 division.

Division may require information from parent

254(3)

The francophone school division may require the parent of a child to provide any information the division requests to establish that the parent is entitled to have the child attend a program provided by the division.

Entitlement of children in transferred program

254(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 division under section 257, the parent of the child is entitled to have that child continue to attend the transferred program, and the francophone school division shall admit the child at the parent's request.

Admission of other children

254(5)

The francophone school division may admit any other child whose parent has made a written request for admission to the division.

Non-resident students — programs and costs

254(6)

When non-resident students attend a program provided by the francophone school division, the provincial education authority shall pay a fee to the francophone school division in an amount set out in the regulations.

Admissions committee

255

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 division.

Appeal to minister re admissions

256

Either a parent or the francophone school division may ask the minister to review a decision of the division as to the parent's entitlement under subsections 254(1) to (4) to have his or her child attend a program provided by the division, 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

Whether other programs in same school

257(1)

A regulation under subsection 263(1) shall specify whether, in the school where the designated program is located,

(a) only a francophone program is being provided by the provincial education authority; or

(b) programs in addition to francophone programs are being provided by the provincial education authority.

Date of transfer

257(2)

The date of the transfer of a francophone program designated for transfer shall be determined by regulation.

Transfer of ownership — exclusive use schools

258(1)

When a school is to be transferred to the francophone school division for its exclusive use, the right to possession and ownership or any other interest of the provincial education authority 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 division, and the provincial education authority ceases to have any jurisdiction or interest in the property.

Transfer of ownership — shared use schools

258(2)

When a school is transferred to the francophone school division subject to the right of the provincial education authority to share the use of the school, the right to possession and ownership or any other interest of the provincial education authority 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 division on a date determined by regulation, and the provincial education authority 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 259.

Transfer without compensation

258(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 provincial education authority that relate to the property.

Liabilities and obligations

258(4)

The contractual liabilities and obligations described in subsection (3) cease to be the responsibility of the provincial education authority on the date of the transfer.

Agreements — shared use

259

When the use of a school is to be shared, the provincial education authority and the francophone school division 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.

Disputes

260(1)

If there is a dispute between the francophone school division and the provincial education authority about

(a) what furnishings, equipment, teaching materials and other property are located on or used in connection with a school under subsection 258(1);

(b) what furnishings, equipment, teaching materials and other property are used primarily in connection with a francophone program under clause 258(2)(b);

(c) the nature of any other obligations and liabilities that it would be appropriate for the francophone school division to assume as a result of the transfer of property; or

(d) the content of an agreement to be entered into under section 259;

either party may refer the matter to the committee established under this section for its determination.

Minister may refer a matter

260(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.

Committee

260(3)

The committee shall consist of three persons, one of whom is named by the francophone school division, one of whom is named by the provincial education authority and one of whom is named by the minister.

Authority of committee

260(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 259 should be, prescribe those terms.

Committee's determination binding

260(5)

A determination by the committee is final and binding on the parties.

Costs

260(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 program or school

261(1)

A request may be made to the minister

(a) that a francophone program be transferred from the provincial education authority to the francophone school division; and

(b) to ensure that there are premises in which to provide that francophone program,

(i) that a school be transferred from the provincial education authority to the francophone school division, either for the exclusive use of the francophone school division or subject to the right of the provincial education authority to share the use of the school, or

(ii) that the francophone school division be entitled to share the use of a school operated by the provincial education authority.

Who may make a request

261(2)

A request may be made

(a) by the provincial education authority; or

(b) by entitled persons who are parents of

(i) at least 10 students in the francophone program, in the case of a francophone program with fewer than 100 students, or

(ii) 10% or more of the students in the francophone program, in the case of a francophone program with 100 or more students.

Referral to the board of reference

261(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 the minister's own initiative.

Hearing and determination

262(1)

If a referral is made under subsection 261(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 section 306; 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.

Notice of hearing

262(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 provincial education authority;

(b) the francophone school division; and

(c) the entitled persons whose children are enrolled in the francophone program that is the subject of the request.

Publication of notice

262(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 regional catchment area in which the program is provided.

Report

262(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 the provincial education authority to the francophone school division for the exclusive use of the francophone school division,

(ii) the name of any school to be transferred from the provincial education authority to the francophone school division, subject to the right of the provincial education authority to share the use of the school, and

(iii) the name of any school to be retained by the provincial education authority, subject to the right of the francophone school division to share the use of the school.

Notice of the determination

262(5)

The board of reference shall send a copy of the report to

(a) the minister;

(b) the provincial education authority;

(c) the francophone school division; 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.

Limitation

262(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.

Regulation transferring program

263(1)

If the report under subsection 262(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 division and specify the matters set out in subsection 257(1).

Transfer of program and property

263(2)

Subsection 257(2) and sections 258 to 260 apply when a francophone program is designated for transfer under this section.

Individual rights preserved

264

For greater certainty, nothing in sections 257 to 263 limits

(a) the right of an individual entitled person to request the francophone school division to provide French language instruction for his or her child; or

(b) the duty of the francophone school division under section 247 to provide such instruction as may be required in the circumstances by section 23 of the Charter.

Discontinuance of Programs by
Provincial Education Authority

Discontinuance of program by provincial education authority

265

The provincial education authority shall not discontinue a francophone program unless

(a) the program is transferred to the francophone school division under section 263; or

(b) at least 60 days' notice of the proposed discontinuance is given to the francophone school division and the minister and the minister consents to the discontinuance based on

(i) a decline in enrolment sufficient to render the continued delivery of the program impracticable, or

(ii) any other reason that the minister considers acceptable.

TRANSPORTATION

Directed agreement

266

If the minister considers it advisable to do so, the minister may direct the francophone school division and the provincial education authority to reach an agreement about the transportation of students 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 260, in which case subsections 260(4), (5) and (6) apply, with necessary modifications.

LANGUAGE OF INSTRUCTION
AND ADMINISTRATION

Language of instruction

267(1)

To ensure that its students master the French language, the francophone school division shall provide at least 75% of its classroom instruction in each grade in the French language.

English as subject of instruction

267(2)

To ensure that its students develop and maintain proficiency in the English language, the francophone school division shall require English to be a subject of instruction in Grades 4 to 12 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

267(3)

For not more than three years after a francophone program is transferred to the francophone school division, the division may, in the case of a program designated for transfer under section 263 permit less than 75% of classroom instruction to be provided in the French language for students 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

267(4)

The francophone school division may permit less than 75% of classroom instruction to be provided in the French language for students attending a francophone technical or vocational program if, in the opinion of the division, there are sound pedagogical and financial reasons to do so.

Language of administration

268(1)

The administration and operation of the francophone school division shall be carried out in the French language.

Exception

268(2)

When circumstances warrant, the francophone school division may operate in a language other than the French language.

FINANCIAL MATTERS

Estimates of expenditures and revenues

269(1)

Each year, the francophone school division shall submit to the minister an estimate of its expenditures and revenues for the next fiscal year.

Application

269(2)

The estimate of expenses and revenues is to be in accordance with this Act, to the extent it applies to the francophone school division.

Financial support

270

The revenue of the francophone school division shall include

(a) grants and remittances provided under Part 9, including any grant that may be provided to enable the francophone school division to deliver the instruction required by section 23 of the Charter;

(b) for students who reside within the boundaries of the francophone school division, the amounts as determined under section 215;

(c) for non-resident students attending a program provided by the francophone school division, payment of fees by the provincial education authority as set out in the regulations;

(d) where the francophone school division provides a program outside the francophone school division or in schools it does not operate, payment by the provincial education authority of such costs as required under section 248.

ELECTING TRUSTEES OF
THE FRANCOPHONE SCHOOL BOARD

Election of trustees

271(1)

The election of trustees of the francophone school board shall be in accordance with this section and sections 272 to 275.

Conduct of elections

271(2)

The nomination of candidates and the conduct of elections of trustees of the francophone school board shall be in accordance with the regulations.

Electoral divisions

272(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

272(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 273.

Changes in electoral divisions

273(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 243(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

273(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.

Extended meaning of "entitled person"

274(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.

Qualifications of voters

274(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 division, 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 division 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 division; and

(d) is not disqualified under this Act or any other Act and is not otherwise prohibited by law from voting.

Additional voters determined by regulation

274(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.

Qualifications of francophone school trustees

275(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 274, 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.

Persons not qualified

275(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 student 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) appointed to the board of the provincial education authority; or

(d) disqualified under this Act or any other Act, or is otherwise prohibited by law, from being a trustee.

Employee elected as trustee

275(3)

An employee of the francophone school division is disqualified from serving as a trustee of the francophone school division unless they take a leave of absence under section 339 (leave of absence for elected candidate).

Oath of office

276

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, set out in the regulations.

Term of office

277

Each francophone school board trustee shall hold office for a term of four years and after that term until their successor is elected and takes office.

MEETINGS OF TRUSTEES

First meeting

278(1)

The first meeting of the francophone school board following the general election of trustees shall take place within 14 days after the election on a day and at an hour to be fixed by the secretary-treasurer, who shall notify each trustee of the date, time and place of the meeting.

Election of chair and vice-chair and representative to advisory council

278(2)

From among the trustees present, the secretary-treasurer must conduct an election of a chair and a vice-chair of the board and a representative to the advisory council. The election must be held

(a) in a year a general election is held, at the first meeting of the francophone school board after the general election; and

(b) in any other year, at the first meeting of the francophone school board in September.

Trustee may conduct election

278(3)

If the secretary-treasurer is absent when an election under subsection (2) is to be held, the trustees of the francophone school board must select from among themselves a trustee to conduct the election, and the trustee selected is entitled to vote in the election.

Term of office

278(4)

The chair, the vice-chair and the representative to the advisory council hold office until the next election held under subsection (2).

Tie vote

278(5)

In the event of a tie vote, the francophone school board shall determine by lot who shall cast the deciding ballot.

Emergency meeting

279(1)

Notwithstanding subsection (2), the francophone school board may hold a meeting at any time and any place to deal with an emergency situation if all the trustees consent thereto and are present thereat.

Notice of francophone school board meetings

279(2)

Notice of all francophone school board meetings, regular and special, shall be given by the secretary-treasurer to all trustees so that the notice will be received at every trustee's designated address at least 24 hours before the meeting, by notifying each of them personally or in writing, stating the place, date and hour of the meeting.

Open meetings of francophone school board

279(3)

Unless the francophone school board is dealing with a matter described in a by-law under subsection 282(4), the school board shall hold its meetings open to the public and a person must not be excluded or removed from any meeting except for improper conduct.

Electronic meetings

279(4)

The francophone school board may allow any trustee to participate in or attend a meeting of the board or a committee of the board by electronic means if all trustees and other persons participating in or attending the meeting are able to communicate with one another.

Committee meetings

279(5)

Meetings of committees may be held in camera.

Maintaining order by conduct and deciding questions

279(6)

At all meetings of the francophone school board, the chair of the meeting shall

(a) maintain the order and proper conduct and decorum of the meeting; and

(b) decide questions of order, subject to an appeal to the rest of the board.

Removal of persons from meetings

279(7)

When the chair is of the opinion that a person (other than another trustee) has engaged in improper conduct at a meeting of the francophone school board, the chair may require the person to leave the meeting immediately and, if the person fails to do so, may cause the person to be removed.

Chair to preside

280

The chair shall preside at the meetings of the francophone school board and may vote with the other members on all questions and any question on which there is an equality of votes shall be deemed to be negatived.

Vice-chair to preside

281

In the absence of the chair, the vice-chair shall preside and while so presiding has all the powers of the chair.

Rules of procedure

282(1)

Subject to the provisions of this Act, the francophone school board shall pass by-laws establishing rules of procedure for the guidance of the school board in the conduct of its meetings.

Reversal of decisions

282(2)

Subject to subsection (3), a question once decided by the francophone school board shall not be reversed unless

(a) written notice of a proposal to reverse the decision has been given from at least one meeting to another; and

(b) a majority of the total number of trustees for the francophone school division votes in favour of the reversal.

Reversal by unanimous consent

282(3)

A decision of the francophone school board may at the same meeting at which it is made and by unanimous consent of all members present and voting thereon be reversed.

By-law re matters for closed meeting

282(4)

The francophone school board may, by by-law, specify matters that may be considered by the board in a meeting that is closed to the public.

Powers of trustees in case of illegal election or vacancy

283

No resolution, by-law, proceeding or action of the francophone school board shall be invalid or set aside by reason of any person whose election as a member thereof has been annulled or declared illegal under this Act or any other Act of the Legislature, or who is not qualified under this Act, as the case may be, having acted as a trustee and, where the seat of any trustee becomes vacant, the remaining trustees shall carry on the work of the francophone school board until the successor is elected or appointed and takes office.

Corporate acts must be done at board meetings

284

An Act or proceeding of the francophone school board that is not done or taken at a regular or special meeting of the board is not valid or binding on any person affected thereby.

FRANCOPHONE SCHOOL BOARD TRUSTEE
CODE OF CONDUCT

Code of conduct

285(1)

The francophone school board must establish a code of conduct that applies to trustees.

Content

285(2)

The code of conduct must, at a minimum,

(a) require a trustee to

(i) act with integrity and in a manner that maintains the dignity of the office,

(ii) respect others who may have differing opinions, and

(iii) keep in confidence any personal or confidential information obtained in his or her capacity as a trustee and not disclose the information except when required by law or authorized by the school board to do so; and

(b) address any matter or incorporate any provision that is required to be addressed or included under a regulation made under section 288.

Enforcement of code of conduct

286(1)

If the francophone school board determines that a trustee has breached the code of conduct that applies to the trustee, the board may impose one or more of the following sanctions:

1.

Censuring the trustee.

2.

Barring the trustee from attending all or part of a meeting of the school board or a committee of the school board.

3.

Suspending the trustee from the school board, including suspending all the trustee's rights, duties and privileges as a member of the school board, for up to three months.

Motion re sanction

286(2)

A motion to sanction a trustee is subject to the following rules:

1.

The motion may be debated at a board meeting that is closed to the public, but must be voted on in public.

2.

To be approved, a motion to impose a sanction under item 2 or 3 of subsection (1) requires an affirmative vote of 2/3 of all the members of the francophone school board.

Sanctioned member not considered to be absent

286(3)

When a sanction has been imposed under item 2 or 3 of subsection (1), it is considered to be an absence authorized by the francophone school board.

Effect on indemnity

286(4)

For certainty, in a by-law passed under subsection 303(1) the francophone school board may specify that the annual indemnity payable under that provision may be reduced as a result of a trustee being sanctioned under item 3 of subsection (1).

Appeal to adjudicator

287(1)

In accordance with the regulations, a francophone school board trustee who is sanctioned under item 2 or 3 of subsection 286(1) may appeal to a single adjudicator appointed by the minister.

Appeal must be made within 10 days

287(2)

A trustee who wishes to appeal a sanction must provide written notice to the minister within 10 days after the day the sanction was imposed.

Power of adjudicator

287(3)

An adjudicator who hears an appeal under this section may vary or set aside the sanction imposed on a trustee, as the adjudicator sees fit.

Costs

287(4)

The costs of an adjudication must be paid by the francophone school division. If authorized by the adjudicator, the francophone school division may recover some or all of the costs from the trustee.

Regulations — code of conduct

288

The minister may make regulations

(a) respecting a code of conduct that applies to francophone school board trustees, including

(i) prescribing matters to be addressed by the code,

(ii) prescribing provisions that are to be part of the code, and

(iii) respecting the process to be followed by the francophone school board in determining if a trustee has breached the board's code;

(b) respecting the appointment of an adjudicator for the purpose of section 287 and the conduct of an appeal heard by the adjudicator.

Special application — breach of confidentiality

289

For the purpose of subsections 300(1) and (5), the provisions of a trustee code of conduct respecting a trustee's requirement to keep in confidence any personal or confidential information obtained in his or her capacity as a trustee and not disclose the information except when required by law or authorized by the francophone school board to do so are deemed to be a provision of this Act.

CONFLICT OF INTEREST

Definitions

290(1)

The following definitions apply in this Part.

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with the other person in a conjugal relationship of some permanence. (« conjoint de fait »)

"Crown Agency" means a Crown Agency as defined in The Legislative Assembly Act. (« organisme de la Couronne »)

"dependant" means

(a) the spouse or common-law partner of a trustee; and

(b) any child, natural or adopted, of the trustee who resides with the trustee. (« personne à charge »)

"direct pecuniary interest" includes a fee, commission or other compensation paid or payable to any person for representing the interests of another person, corporation, partnership or organization in a matter. (« intérêt financier direct »)

"subsidiary" means a corporation that is a subsidiary of another corporation or of another subsidiary. (« filiale »)

Subsidiary corporation

290(2)

A corporation is a subsidiary of another corporation when it is controlled by that other corporation.

Control

290(3)

For the purposes of subsection (2), a corporation is controlled by another corporation where

(a) securities of the controlled corporation to which are attached more than 50% of the votes that may be cast to elect directors of the controlled corporation are held, other than by way of security only, by or for the benefit of the controlling corporation; and

(b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the controlled corporation.

Indirect pecuniary interest

291(1)

For the purposes of this Act, a person is presumed to have an indirect pecuniary interest in a matter where

(a) the person, or a nominee of the person,

(i) holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock, or

(ii) is a director or officer,

of a corporation that has, or a subsidiary of which has, a direct pecuniary interest in the matter; or

(b) the person is

(i) a partner of or employed by, or

(ii) a guarantor or surety for, or

(iii) a creditor of,

a person, corporation, partnership or organization who or which, or in the case of a corporation a subsidiary of which, has a direct pecuniary interest in the matter.

Exception for indemnity or expenses

291(2)

For the purposes of this Act, a francophone school board trustee is presumed not to have a direct or indirect pecuniary interest in any matter involving the indemnity, expenses or remuneration payable to trustees.

No pecuniary interest in certain transactions

291(3)

For the purposes of this Act, a person, corporation, partnership or organization is presumed not to have a direct or indirect pecuniary interest in respect of

(a) any contract into which the person, corporation, partnership or organization enters with the francophone school division, on terms common to contracts between other persons, corporations, partnerships or organizations and the school division,

(i) for the supply, provision or sale by the person, corporation, partnership or organization of a utility, service, article or merchandise to the francophone school division,

(ii) for payment by the francophone school division, for the installation by the person, corporation, partnership or organization, of sewer or water connections or appliances, or

(iii) for the construction, by the person, corporation, partnership or organization, of any building approved by the minister and by the francophone school division;

(b) official notices or advertisements inserted by the francophone school division, or subscriptions held by the school division, at normal commercial rates, in or to a newspaper or other periodical publication of which the person, corporation, partnership or organization is the proprietor or in which the person, corporation, partnership or organization is otherwise interested;

(c) bonds or debentures of the francophone school division held by the person, corporation, partnership or organization; or

(d) reasonable compensation received by the person, corporation, partnership or organization for providing work, goods or services to the francophone school division in an emergency.

Indirect pecuniary liability

291(4)

For the purposes of this Act, a person is presumed to have an indirect pecuniary liability to another person or to a corporation, partnership or organization where

(a) the person, or a nominee of the person,

(i) holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock, or

(ii) is a director or officer, of a corporation which, or a subsidiary of which, has a direct pecuniary liability to the other person or to the corporation, partnership, or organization; or

(b) the person is

(i) a partner of or employed by, or

(ii) a guarantor or surety for, or

(iii) a creditor of,

a person, corporation, partnership, or organization who or which, or in the case of a corporation a subsidiary of which, has a direct pecuniary liability to the other person or to the corporation, partnership, or organization.

Interest or liability must be significant

291(5)

For the purposes of this Act and notwithstanding any other provision thereof,

(a) where the direct or indirect pecuniary interest of any person, corporation, partnership or organization in a matter does not exceed the pecuniary interest of an entitled person in the matter, the person, corporation, partnership or organization shall be presumed not to have a direct or indirect pecuniary interest in the matter;

(b) where the direct or indirect pecuniary liability of any person to another person or to a corporation, partnership or organization does not exceed the pecuniary liability of an entitled person to the same person or to the same corporation, partnership or organization, the person shall be presumed not to have a direct or indirect pecuniary liability to the other person or to the corporation, partnership or organization; and

(c) no person shall be presumed to have a direct or indirect pecuniary interest in any matter, or a direct or indirect pecuniary liability to another person or to a corporation, partnership or organization, unless the value of the pecuniary interest or liability is $500 or more.

Appointments to commissions, boards and agencies

291(6)

For the purposes of this Act, where a francophone school board trustee is appointed to serve in an official capacity as trustee on any commission, board or agency, the trustee shall be presumed not to have a direct pecuniary interest in the appointment and shall not be presumed, solely by virtue of that appointment, to have

(a) an indirect pecuniary interest in any matter in which the commission, board or agency has a direct pecuniary interest; or

(b) an indirect pecuniary liability to another person to whom or to any corporation, partnership or organization to which the commission, board or agency has a direct pecuniary liability.

Employees of public bodies

291(7)

For the purposes of this Act, where a person who is a trustee of the francophone school division is employed by

(a) the Government of Canada or a federal Crown agency;

(b) the Government of Manitoba or a Crown agency thereof;

(c) the provincial education authority; or

(d) a municipality;

the person shall not be presumed to have

(e) an indirect pecuniary interest in a matter in which the person's employer has a direct pecuniary interest; or

(f) an indirect pecuniary liability to another person to whom, or to a corporation, partnership or organization to which, the person's employer has a direct pecuniary liability.

Contribution to budget

291(8)

For the purposes of this Act, a corporation or organization shall not be presumed to have a direct pecuniary interest in a matter relating to the francophone school division solely by virtue of the fact that the corporation or organization is liable to pay a portion of the budget of the school division under an agreement entered into with the francophone school board.

Disclosure during meetings

292(1)

Where, during any meeting, there arises a matter

(a) in which a francophone school board trustee or any of the trustee's dependants has a direct or indirect pecuniary interest; or

(b) involving the direct or indirect pecuniary interest of any person, corporation, subsidiary of a corporation, partnership or organization to whom or to which a francophone school board trustee or any of the trustee's dependants has a direct or indirect pecuniary liability;

the trustee shall

(c) disclose the general nature of the direct or indirect pecuniary interest or liability;

(d) withdraw from the meeting without voting or participating in the discussion; and

(e) refrain at all times from attempting to influence the matter.

All official meetings included

292(2)

In subsection (1), "meeting" includes

(a) a francophone school board meeting; and

(b) a meeting of any committee or subcommittee of the francophone school board or any subcommittee of a committee on which the trustee sits.

Absence from meeting

292(3)

Where a francophone school board trustee fails to comply with subsection (1) at any meeting by reason of the absence of the trustee from the meeting, the trustee shall

(a) disclose the general nature of the trustee's direct or indirect pecuniary interest or liability at the next meeting of the same body before which the matter arose; and

(b) refrain at all times from attempting to influence the matter.

Record of compliance

292(4)

Where a francophone school board trustee complies with subsection (1), the clerk of the meeting shall record

(a) the disclosure;

(b) the general nature of the direct or indirect pecuniary interest or liability disclosed; and

(c) the withdrawal of the trustee from the meeting;

and the clerk of the meeting shall subsequently file with the secretary-treasurer

(d) the information recorded under clauses (a), (b) and (c); and

(e) a notation indicating whether the meeting in question was open to the public or closed to the public, or was a meeting the minutes of which are not open to the public.

Central record of disclosures

293(1)

The secretary-treasurer shall keep a central record for purposes of recording information in accordance with subsections (2) and (3).

Information disclosed at open meeting

293(2)

Where the meeting referred to in subsection 292(1) was open to the public, the secretary-treasurer shall record

(a) the disclosure;

(b) the general nature of the direct or indirect pecuniary interest or liability disclosed; and

(c) the withdrawal of the francophone school board trustee from the meeting;

in the central record.

Information disclosed at closed meeting

293(3)

Where the meeting referred to in subsection 292(1) was closed to the public or was a meeting the minutes of which are not open to the public, the secretary-treasurer shall record

(a) the disclosure; and

(b) the withdrawal of the trustee from the meeting;

in the central record.

Central record open to public

293(4)

The secretary-treasurer shall make the central record referred to in this section available for inspection by any person, without charge, during normal business hours.

Reduced quorum

294(1)

Where by reason of withdrawals from a meeting under subsection 292(1), the number of francophone school board trustees remaining at the meeting is not sufficient to constitute a quorum, then, notwithstanding the provisions of any Act of the Legislature or any rule of procedure or by-law of the francophone school board, the number of trustees remaining, if not fewer than two, are deemed to constitute a quorum for purposes of discussing and voting on any matter referred to in that subsection.

Application to minister

294(2)

Where in the circumstances referred to in subsection (1) there would be fewer than two trustees remaining at a meeting of the francophone school board, the school board shall apply to the minister who shall refer the matter to the board of reference.

Order of board of reference

294(3)

Upon hearing an application brought in respect of a matter under subsection (2), the board of reference may order that

(a) subsection (1) does not apply to the francophone school board in respect of the matter; and

(b) the francophone school board may discuss and vote on the matter in the same manner as though none of the trustees or their dependants had any direct or indirect pecuniary interest or liability in or in relation to the matter;

subject only to such conditions and directions as the board of reference may require.

Referral to the francophone school board

294(4)

Where in the circumstances referred to in subsection (1) there would be fewer than two trustees remaining at a meeting of a committee or subcommittee, the committee or subcommittee shall refer the matter to the francophone school board, and the school board shall discuss and vote on the matter in place of the committee or subcommittee.

Voidability of transaction or procedure

295

The failure of any trustee of the francophone school board to comply with subsection 292(1) does not of itself invalidate

(a) any contract or other pecuniary transaction; or

(b) any procedure undertaken by the school board with respect to a contract or other pecuniary transaction;

to which the failure relates, but the transaction or procedure is voidable at the instance of the school board before the expiration of two years from the date of the decision authorizing the transaction, except as against any person, corporation, partnership or organization who or which acted in good faith and without actual notice of the failure.

Statement of assets and interests

296(1)

Prior to taking the oath or affirmation of office, every trustee of the francophone school board shall file with the secretary-treasurer a statement disclosing assets and interests in accordance with subsection (4).

Notification of failure to comply

296(2)

Where a francophone school board trustee fails to comply with subsection (1), the secretary-treasurer shall forthwith notify the trustee in writing of the failure, and the trustee shall, within 30 days after receiving the notification, file the statement referred to in subsection (1).

Further statement after acquisition or disposal

296(3)

Where after the filing of a statement under subsection (1) or (2) a francophone school board trustee or any dependant of a trustee acquires or disposes of any asset or interest of a kind mentioned in subsection (4), the trustee shall within 30 days after the acquisition or disposal file with the secretary-treasurer a further statement disclosing the acquisition or disposal.

Assets and interests that must be disclosed

296(4)

Subject to subsection (5), a trustee of the francophone school board filing a statement under subsection (1), (2) or (3) shall in the statement disclose

(a) all land in the francophone school division in or in respect of which the trustee or any of the trustee's dependants has any estate or interest, including any leasehold estate and any mortgage, licence or interest under a sale or option agreement, but excluding principal residence property;

(b) where the trustee or any of the trustee's dependants holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock of a corporation, all estates and interests in or in respect of land in the francophone school division held by that corporation or by a subsidiary of that corporation;

(c) the name of every corporation, and every subsidiary of every corporation, in which the trustee or any of the trustee's dependants holds a beneficial interest in 5% or more of the value of the issued capital stock, or holds a share warrant or purchase option in respect of 5% or more of the value of the issued capital stock;

(d) the name of every person, corporation, subsidiary of a corporation, partnership or organization that remunerates the trustee or any of the trustee's dependants for services performed as an officer, director, manager, proprietor, partner or employee;

(e) bonds and debentures held by the trustee or any of the trustee's dependants, excluding bonds issued by the Government of Canada, by the government of any province of Canada, or by any municipality in Canada, and also excluding Treasury Bills;

(f) holdings of the trustee or any of the trustee's dependants in investment funds, mutual funds, investment trust or similar securities, excluding Retirement Savings Plans, Home Ownership Savings Plans, accounts and term deposits held in banks, credit unions or other financial institutions, pension plans and insurance policies;

(g) any interest in property in the school division to which the trustee or any of the trustee's dependants is entitled in expectancy under any trust, and any interest in property in the school division over which the trustee or any of the trustee's dependants has a general power of appointment as executor of a will, administrator of an estate or trustee under a deed of trust;

(h) the nature, and the identity of the donor, of every gift given to the trustee or any of the trustee's dependants at any time after July 17, 1987, excluding

(i) gifts from a family member,

(ii) gifts disclosed in any previous statement filed under subsection (1), and

(iii) gifts received before the trustee was first elected to the francophone school board; and

(i) the general nature of any contract or other pecuniary transaction entered into at any time after the coming into force of this section between the francophone school division and

(i) the trustee or any of the trustee's dependants, or

(ii) any corporation referred to in clause (c), or

(iii) any partnership in which the trustee or any of the trustee's dependants is a partner,

but excluding

(iv) any such contract or other pecuniary transaction entered into before the trustee was first elected to the francophone school board,

(v) any such contract or other pecuniary transaction disclosed in any previous statement filed under this section, and

(vi) any transaction in which the trustee or any of the trustee's dependants is presumed under section 291 not to have a direct or indirect pecuniary interest.

General exemptions

296(5)

For the purposes of this section, no trustee of the francophone school board is required

(a) to disclose any gift worth less than $250, unless the total value of all the gifts from the donor to the trustee and the trustee's dependants during the preceding year exceeded $250; or

(b) to disclose any other asset or interest worth less than $500; or

(c) to estimate the value of any asset or interest disclosed; or

(d) to disclose any asset or interest acquired by a dependant of the trustee

(i) prior to January 1, 1984, in the case of a trustee elected before January 1, 1987, and

(ii) in the case of a dependant of any other person subsequently elected to the school board, more than two years before the person was elected to the school board for the first time after July 17, 1987.

Continuing disclosure

296(6)

Where a francophone school board trustee or any of the trustee's dependants receives as a gift any of the assets or interests referred to in clauses (4)(a) to (g), the trustee shall, notwithstanding that the gift has already been disclosed in a statement filed under this section, continue to disclose the asset or interest in every statement filed thereunder until the trustee or dependant disposes of the asset or interest.

Statements not available to public

296(7)

Subject to subsections (8) and (9), the secretary-treasurer shall not

(a) make any statement filed under this section available for inspection by any person; or

(b) reveal the contents of any statement filed under this section to any person.

Exception for trustees

296(8)

Subsection (7) does not apply to a francophone school board trustee who wishes to inspect, or to be informed of the contents of, any statement filed by the trustee under this section.

Limited disclosure

296(9)

Where any person

(a) provides details of a possible violation of this Act by a trustee of the francophone school board; and

(b) indicates a specific asset or interest in respect of which the possible violation may have occurred;

the secretary-treasurer shall examine the statements filed by the trustee under this section and shall in writing inform the person whether or not the statements disclose the specific asset or interest.

Insider information

297(1)

No francophone school board trustee shall use, for personal gain or the gain of any other person, information that is not available to the public and that the trustee acquires in the performance of the trustee's official powers, duties and functions.

Compensation for services

297(2)

No trustee of the francophone school board shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered by the trustee

(a) to any person, corporation, partnership or organization in relation to any by-law, resolution, contract, proceeding or other matter before the school board or any committee or subcommittee thereof, before any subcommittee of a committee or before any commission, board or agency on which the trustee serves in an official capacity as trustee; or

(b) in order to influence or attempt to influence any other trustee.

Use of influence

297(3)

No trustee of the francophone school board shall directly or indirectly communicate with another trustee or with an officer or employee of the francophone school division for the purpose of influencing the school division to enter into any contract or other transaction, or to confer any benefit, in which the trustee or any of the trustee's dependants has a direct or indirect pecuniary interest.

Right to appear

298(1)

Notwithstanding anything in this Act but subject to subsection (3), a francophone school board trustee has the same right as any other entitled person to appear before a meeting of the school board for the purpose of representing the trustee's personal interests in any matter within the jurisdiction of the school board.

"Meeting" defined

298(2)

In subsection (1), "meeting" includes

(a) a francophone school board meeting;

(b) a meeting of any committee or subcommittee of the francophone school board or any subcommittee of a committee; and

(c) a meeting of any commission, board or agency that has jurisdiction in the matter.

No right to vote

298(3)

Where a francophone school board trustee sits on any body that is considering a matter referred to in subsection (1), the trustee shall not vote on the matter.

Disqualification for violation or conviction

299(1)

A francophone school board trustee is disqualified from holding office if the trustee

(a) violates any provision of this Act; or

(b) is convicted of

(i) an offence punishable by imprisonment for five years or more, or

(ii) an offence under section 122 (breach of trust by public officer), 124 (selling or purchasing office) or 125 (influencing or negotiating appointments or dealings in office) of the Criminal Code (Canada).

Result of disqualification

299(2)

When a francophone school board trustee is disqualified under subsection (1), the trustee's seat becomes vacant as of the day a declaration is made under subsection 300(6) or section 302.

Eligibility at next election

299(3)

A francophone school board trustee who is disqualified under subsection (1) remains disqualified from being nominated for, or elected or appointed as, a trustee for four years after the day a declaration described in subsection (2) is made.

Disqualification for failure to file statement

299(4)

The failure by a francophone school board trustee to file a statement under subsection 296(1) is not a violation within the meaning of subsection (1) of this section, unless the trustee further fails to file the statement under subsection 296(2). 

Effect on other business

299(5)

Subject to section 295, no decision or transaction, and no procedure undertaken by the francophone school division with respect to a decision or transaction, is void or voidable by reason of the violation of a provision of this Act by a trustee.

Application by secretary-treasurer

300(1)

Where it is alleged that a francophone school board trustee has violated a provision of this Act, the school board may direct the secretary-treasurer to apply by originating notice to a judge of the Court of Queen's Bench for a declaration that the trustee has violated a provision of this Act.

Application by voter

300(2)

Where it is alleged that a francophone school board trustee has violated a provision of this Act, and if there is no previous application outstanding or determined on the same facts, a voter may apply ex parte to a judge of the Court of Queen's Bench for authorization to apply for a declaration that the trustee has violated a provision of this Act.

Affidavit and security for application

300(3)

A voter who files an ex parte application under subsection (2) shall

(a) file an affidavit showing details of the alleged violation; and

(b) pay into court the amount of $300 as security for the application.

Summary dismissal or authorizing of application

300(4)

Upon hearing an ex parte application made under subsection (2), the judge may

(a) dismiss the application and order forfeiture of all or part of the security referred to in clause (3)(b); or

(b) authorize the applicant to apply to another judge of the Court of Queen's Bench for a declaration that the trustee has violated a provision of this Act.

Disposition after hearing

300(5)

Upon hearing an application made under this section for a declaration that a francophone school board trustee has violated a provision of this Act and such evidence as may be adduced, the judge may

(a) declare that the trustee has violated a provision of this Act; or

(b) refuse to make the declaration;

and may make the declaration or refuse to make the declaration, with or without costs.

Penalty for violation

300(6)

Where a judge declares under subsection (5) that a francophone school board trustee has violated a provision of this Act, the judge

(a) shall declare the seat of the trustee vacant; and

(b) may, where the trustee has realized pecuniary gain in any transaction to which the violation relates, order the trustee to make restitution to any person, including the francophone school division, affected by the pecuniary gain.

Unknowing or inadvertent breach

300(7)

Notwithstanding anything in this Act, where a judge finds that a francophone school board trustee violated a provision of this Act unknowingly or through inadvertence, the trustee is not disqualified from holding office and the judge shall not declare the seat of the trustee vacant in consequence of the violation.

Election not to preclude application

300(8)

An application for a declaration that a francophone school board trustee has violated a provision of this Act may be brought under this section notwithstanding that the trustee against whom the declaration is sought has resigned or did not seek re-election or was not re-nominated or was re-elected or defeated subsequent to the alleged violation of this Act.

Application for restitution

300(9)

Notwithstanding anything in this Act, where any person, whether the person is or was a trustee or not, has realized pecuniary gain in any transaction to which a violation of this Act relates, any person affected by the pecuniary gain, including the francophone school division or the provincial education authority, may apply to a court of competent jurisdiction for an order of restitution against the person who has realized the pecuniary gain.

Limitation period for declaration

300(10)

No application for a declaration that a francophone school board trustee has violated a provision of this Act shall be brought under this section more than six years after the date of the alleged violation.

Limitation period for order of restitution

300(11)

No application for an order of restitution under this section shall be brought more than six years after the date of the transaction that resulted in the alleged pecuniary gain.

No other proceedings

300(12)

Proceedings to declare the seat of a francophone school board trustee vacant, or for an order of restitution, in consequence of a violation of this Act, shall be had and taken only under the provisions of this Act and not by way of application for a writ of quo warranto or by a proceeding under any other Act of the Legislature or otherwise.

Regulations — electronic meetings

301

The minister may make regulations respecting the holding of francophone school board meetings by electronic means, including providing that a trustee who participates in a regular meeting of the school board through electronic means is deemed to be present at the meeting for the purposes of this Act.

Declaration that seat vacant

302

The francophone school board shall declare a seat vacant and order an election to fill that seat when the trustee elected to that seat

(a) is deceased;

(b) has submitted a resignation in writing to the secretary-treasurer;

(c) has failed to attend three consecutive regular meetings of the school board without authorization of the school board by resolution recorded in the minutes; or

(d) has been disqualified from holding office under this Act.

Payment of annual indemnity

303(1)

The francophone school board may, by by-law, provide for the payment of an annual indemnity to the chair and to each trustee payable in such amount and at such times and under such conditions as provided in the by-law.

Additional indemnities

303(2)

In addition to the indemnity referred to in subsection (1), each trustee of the francophone school board may be paid and may accept

(a) such amount per mile as set by by-law of the school board for each mile actually and necessarily travelled from the trustee's place of residence to the place of meeting and return to the trustee's place of residence, allowable only once for each school board meeting;

(b) such amount per hour as set by by-law of the school board for each hour actually and necessarily spent by the trustee under authority previously given by resolution of the school board in the performance of such duties, work or services as the trustee is required or authorized under the resolution to perform; and

(c) such an amount per mile, as set out by by-law of the school board, for each mile actually and necessarily travelled by the trustee in the performance of the duties, work or services to which clause (b) applies;

but the remuneration or mileage mentioned in clauses (b) and (c) is not payable until an account showing the work or service performed, verified by statutory declaration, has been filed with the secretary-treasurer and payment thereof authorized by resolution of the school board.

Reimbursement for expenses

303(3)

The francophone school board may reimburse its trustees, trustees-elect or employees for expenses necessarily incurred while attending conventions or carrying out duties assigned or approved by the school board and at such rates and under such conditions as the school board may determine.

School funds

303(4)

Notwithstanding any other provision of this Act, the principal of each school, subject to the rules of the francophone school board, may raise, hold, administer and expend moneys to be known as "school funds" for the purposes of the school.

Exclusion of student council funds

303(5)

School funds referred to under subsection (4) do not include student council funds.

FAILURE TO ACCOUNT

Application — failure to account

304(1)

The following persons may apply to a judge of the Court of Queen's Bench for an order to deliver trustee materials or money that are wrongfully withheld or neglected or refused to be delivered by the secretary-treasurer or a former secretary-treasurer or any other person:

(a) the minister or their designate;

(b) the majority of the francophone school board trustees;

(c) any two voters of the francophone school division.

Hearing

304(2)

The application must be supported by affidavit evidence of the applicant and may be held without the respondent present.

Order

304(3)

The judge may issue an order requiring the respondent to deliver the trustee materials or account for the money. The judge may also order the respondent to pay the costs of the hearing.

Other remedies not affected

304(4)

An application under this section does not affect or impair any other remedy that the francophone school division may have against the secretary-treasurer or a former secretary-treasurer or any other respondent.

BOARD OF REFERENCE

Establishment of board of reference

305(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 has the jurisdiction as designated in the order creating it and as may otherwise be conferred upon it under this Act.

Term of office

305(2)

A member of the board of reference holds office for such term as may be fixed in the order appointing the member, not exceeding two years, but a member may be appointed for a further term.

Quorum

305(3)

The order establishing the board of reference must state the number of members of the board that constitute a quorum.

Remuneration

305(4)

Each member of the board of reference (other than an employee of the government or a government agency) is to be paid remuneration at rates set by the Lieutenant Governor in Council in the order.

Expenses

305(5)

With the approval of the Minister of Finance, expenses incurred by a member of the board of reference in fulfilling the member's duties is to be paid at rates set by the Lieutenant Governor in Council in the order.

Secretary of board of reference

305(6)

The minister may designate an employee of the department to act as the secretary of the board of reference.

Hearing to be fixed

306(1)

For the purpose of clause 262(1)(b), the board of reference must fix the date on which, and the time and place at which, it will hold a hearing in respect of the matter.

Hearing

306(2)

On the date, and at the time and place, fixed, the board of reference must sit and hear from any person interested in the matter or their representative.

Rules of procedure

307(1)

The board of reference may make rules to govern its own procedure.

Evidence Act powers

307(2)

The members of the board of reference have the powers and protections of a commissioner appointed under Part V of The Manitoba Evidence Act.

OFFICIAL TRUSTEE

Appointment of official trustee

308(1)

If the Lieutenant Governor in Council is of the opinion that the affairs of the francophone school division are not being or cannot be satisfactorily managed by the francophone school board, an official trustee may be appointed.

Powers of official trustee

308(2)

The official trustee

(a) has all the powers and authority conferred by this Act upon the francophone school board and upon its officers;

(b) shall comply with the provisions of this Act relating to the francophone school board in so far as they apply to the official trustee; and

(c) shall be remunerated out of the funds of the francophone school division or otherwise, as the Lieutenant Governor in Council may decide.

Retirement of former officials

308(3)

Upon the appointment of an official trustee, all other trustees and officials of the francophone school division, if any, shall cease to hold office and after a proper audit they shall immediately deliver to the official trustee all moneys, books and records, pertaining to the school division to be retained by the official trustee while holding office.

Retirement of official trustee

308(4)

The Lieutenant Governor in Council may, either on its volition or on petition signed by at least 50% of the voters of the francophone school division, arrange for the election of a school board for the francophone school division and, upon the trustees being elected and taking office, the appointment of the official trustee shall terminate.

Appointment of deputies

308(5)

If the Lieutenant Governor in Council appoints a department employee as the official trustee, the Lieutenant Governor in Council may also appoint one or more department employees to be a deputy of the official trustee so appointed and to act during the trustee's absence or incapacity from any cause and may, by order, direct that each deputy shall have all the powers and duties of the official trustee or only such of them as may be specified in the order, and each deputy shall have, exercise and discharge the powers and duties as set out in the order.

Reporting positions of trust

308(6)

An official trustee shall report to the minister all occupations of trust as is required for the secretary-treasurer under subsection 245(5).

REGULATIONS

Regulations — francophone school division

309

The Lieutenant Governor in Council may make regulations

(a) assigning duties to the francophone school division in addition to those described in subsection 247(1); 

(b) determining the date of transfer of francophone programs and property for the purposes of sections 257 and 258; 

(c) for the purpose of section 262,

(i) respecting the holding of a hearing by the board of reference,

(ii) 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;

(d) 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 274(2)(c)(ii), specifying when and in what manner a person must indicate a wish to have instruction provided for their child,

(iv) for the purpose of subsection 274(3), specifying additional classes of persons who are entitled to vote in elections, and

(v) respecting elections to fill vacancies;

(e) for the purposes of subsection 254(6) and clause 270(c), prescribing the fees the provincial education authority must pay the francophone school division for non-resident students;

(f) prescribing the affidavit of qualification and oath of office for trustees of the francophone school board;

(g) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for this Part.

PART 12

INDEPENDENT SCHOOLS AND
HOME SCHOOL ARRANGEMENTS

INDEPENDENT SCHOOLS

Recognized type of education

310(1)

Independent schools are recognized as being important in providing parents and students with choice in education.

Parent may choose independent school education

310(2)

A parent of a child of compulsory school age may choose an independent school as the type of education provided to their child.

Parental participation

310(3)

Parents are encouraged and offered opportunities to have meaningful and active involvement in their children's education at an independent school and in the planning process for the school. Parents can contribute expertise to assist in meeting the needs of students, families and their communities.

Registration

Obligation to register

311(1)

A person who intends to provide educational programming in a structured learning environment in a school outside the public education system to children of compulsory school age who do not reside in the same home must register the school as an independent school in accordance with this Act.

Regulations — registration

311(2)

The minister may make regulations respecting the registration of independent schools.

Registration criteria

312

To be registered as an independent school, the following criteria must be met:

1.

The school must be incorporated under The Corporations Act.

2.

The school must provide full-time instruction in the courses approved under clause 20(1)(b). (The school may set its own learning outcomes.)

3.

The school must appoint a person as principal to serve as the educational leader of the school and to have management responsibility for the school, including supervision of teachers and other staff.

4.

The school site must comply with local and provincial health and safety standards.

5.

The school must provide the information the minister requests in the form and manner, and at the times, specified by the minister.

6.

The school must submit to regular inspections under this Part.

Registration may be revoked

313

The minister may, with written reasons, revoke the registration of an independent school for failure to comply with a requirement under this Act.

Child not in attendance while at non-compliant school

314

A child who is provided with educational programming in a structured learning environment as described in subsection 311(1) from a person who is not registered or at a school that has had its registration revoked is deemed not to be attending school for the purpose of section 124.

Grants

Eligibility for grants

315(1)

Subject to subsection (2), an independent school is eligible to receive grants if it offers approved courses that meet the learning outcomes set under clause 20(1)(b).

Grants for independent schools

315(2)

The minister may make grants to an independent school if the minister is satisfied that

(a) the independent school is providing instruction in a sufficient number of courses to meet the requirements of an official school program;

(b) the principal and each teacher teaching the approved courses holds a valid and subsisting teaching certificate;

(c) the independent school complies with the Remembrance Day exercises required under this Act as if it were a public school;

(d) the independent school has an elected advisory body that

(i) includes at least three persons who are parents of the students, and

(ii) reports on the independent school on a regular basis during the school year, and not less than once in each school term, to the parents of the students; and

(e) the independent school has had students in attendance for at least two of the immediately preceding school years and has operated in compliance with this Part and any other prescribed requirements during that time.

Regulations — independent schools

315(3)

The minister may make regulations

(a) respecting the making of grants under subsection (2);

(b) prescribing other requirements with which an independent school must comply, including the records to be made and maintained by an independent school.

Obligations

Independent school must comply

316(1)

An independent school must comply with the requirements under this Part.

Part applies even if school does not receive funding

316(2)

For greater certainty, an independent school is subject to the requirements of this Part even if it does not receive a grant under this Part.

Reporting absences

317

The principal of an independent school must report a student's absence to the student's parent in accordance with the regulations. The principal must also inform the parent of their obligation to ensure that their child attends school as required by this Act.

Reporting teacher misconduct

318

The principal or the board of an independent school must, if known, report to the minister any person employed in a school operated by the board who has been charged with or convicted of an offence under the Criminal Code (Canada) relating to the physical or sexual abuse of children.

Agreements

Facilities and resources agreement

319(1)

The provincial education authority may enter into an agreement with an independent school relating to the use of the authority's school facilities and resources by the students of the independent school.

Term of agreement

319(2)

The term of an agreement under this section must not exceed one year.

Transportation agreement

320(1)

The provincial education authority may enter into an agreement with an independent school to provide the students of the school with transportation from points on a regular public school bus route operated by the authority to other points on the same route under the authority's supervision and control.

Term of agreement

320(2)

The term of an agreement under this section must not exceed one year.

Inquiries and Inspections

Minister's inquiry powers re independent schools

321

The minister may, at the minister's initiative or at the request of an independent school, inquire into the qualifications of the teachers of, and the standard of education provided by, the school and into any matter related to the education of the students enrolled in the school.

Inspectors and inspection schedule

322(1)

The minister may appoint a person to inspect the administration and operation of independent schools (referred to as an "inspector" in this section) and may establish a schedule of inspections for independent schools.

Inspections

322(2)

The inspector may, at any reasonable time and where reasonably required to administer this Part or to determine compliance,

(a) enter an independent school site for the purposes of conducting an inspection;

(b) inspect any record of an authority relating to the operation or administration of the independent school;

(c) examine the progress of students at the independent school; and

(d) examine and assess the programs, operation or administration of the independent school.

Assistance

322(3)

The inspector may be accompanied by one or more persons who may assist them in carrying out the inspection.

Authority to enter private dwelling

322(4)

The inspector may not enter a private dwelling except with the consent of the owner or occupant or under the authority of a warrant.

HOME SCHOOL ARRANGEMENTS

Recognized type of education

323(1)

A home school arrangement is recognized as being important in providing parents and students with choice in education. A home school arrangement is started at the initiative and under the direction of the parent of the student.

Parent may educate child at home

323(2)

A parent of a child of compulsory school age may choose a home school arrangement as the type of education provided to their child.

Obligation — education program

323(3)

The parent must ensure that their child is provided with an education of a standard equivalent to that received by students in the public education system.

Parent must notify minister re home schooling

324(1)

The parent of a child who is a student in a home school arrangement must notify the minister of the arrangement and provide the minister with the required information.

Limited to one family

324(2)

A home school arrangement is limited to the parent and child of school age that reside in the home.

Child not in attendance while under non-compliant home school arrangement

325

A child who is educated under a home school arrangement that does not comply with the requirements under this Part or the regulations is deemed not to be attending a school for the purpose of section 124.

Information to be provided to minister

326

Within 30 days after a home school arrangement is first established and on or before September 1 in each year, the parent must provide the minister with the following information:

(a) the name and birth date of each student;

(b) the name of the public school each student would otherwise attend;

(c) an outline of the education program and grade level for each student.

Periodic progress reports

327

A parent must provide the minister with periodic progress reports on each student educated under the home school arrangement in accordance with the regulations. The reports must contain the information and be provided according to a schedule determined by the minister.

Regulations — home school arrangements

328

The minister may make regulations respecting home school arrangements, including regulations

(a) respecting notification requirements, including specifying the required contact information;

(b) respecting supervision requirements;

(c) respecting educational programming requirements and periodic progress reports.

PART 13

GENERAL MATTERS

PARENTS

Mature student may exercise parental rights and responsibilities

329

A mature student may exercise the rights and carry out the responsibilities of a parent in respect of their education.

Offence re failure of child to attend school

330

A parent who fails or refuses to comply with the requirement to send their child to school without lawful excuse is guilty of an offence.

Parent must pay school taxes even if child attends school in other catchment area, etc.

331

For greater certainty, a person who resides in a regional catchment area but who sends their child to a public school not operated in that area or to an independent school, or who chooses a home school arrangement for their child, is liable for the payment of all rates assessed on their taxable property for the school purposes of the area in which the person resides.

Recovery of debts

332

The provincial education authority may collect and recover in a court of competent jurisdiction as a debt fees owing to it from a parent of a student in a school.

OTHER RESTRICTIONS AND
PROHIBITIONS

Prohibition on employment during school hours

333

An employer (as defined in The Employment Standards Code) must not employ an individual during those hours in which the individual is required to attend school.

Exclusion from school — public health

334

When notified that an order has been made under The Public Health Act that requires a student to stop attending school, the provincial education authority must promptly exclude the student from attendance at the school and must not permit the student to resume attendance at any school in the regional catchment area while the order is in effect.

Disturbances prohibited

335(1)

A person must not disturb or interrupt a school, a classroom in a school or a school activity by the person's actions on or close to the school site.

Person must comply with direction to leave

335(2)

A person who is directed to leave the school site by the principal or a person authorized by the provincial education authority must immediately leave the site and, if given an oral or written notice to that effect, must not enter the school site again except with the prior approval of the principal or authorized person.

Assistance from peace officer

335(3)

The principal or authorized person may require the assistance of a peace officer to maintain order on the school site or to enforce a prior approval notice.

Offence and penalty

335(4)

A person who contravenes this section is guilty of an offence and is liable on conviction to a fine of not more than $5,000.

Court order relating to offence

335(5)

The court may, in addition to imposing the fine under subsection (4), order one or both of the following:

(a) the person is prohibited from entering or being on the school site;

(b) the person is required to comply with any conditions that the court considers appropriate in the circumstances for securing the person's good conduct and for preventing the person from repeating the same offence or committing other offences.

CENSUS

Census of students

336(1)

The minister or the provincial education authority may conduct a census or enumerate the children resident in a regional catchment area.

Census form, census officers

336(2)

The minister or the provincial education authority may set out the required information to be obtained by the census and appoint the necessary officers to conduct the census or enumeration.

Verification of information

336(3)

Every census officer must certify that the information obtained by the census is correct to the best of the officer's knowledge and belief and must deliver the census to the minister or the provincial education authority, as the case may be.

Information to be given to census officer

336(4)

Every person having the charge, custody or control of a child must give the required information to the census officer.

Prohibition

336(5)

A person must not conduct, or represent that the person is conducting, a census or enumeration of the children resident in a regional catchment area except as authorized by this section.

DUTY TO ACCOUNT

Duty to account

337

A member of the authority board or a former member of the authority board, or an employee or former employee of the provincial education authority, who possesses books, papers, chattels or money that came into a person's possession by virtue of their position must deliver up or account for and pay them over to the person designated by the board or by the minister, as the case may be.

EMPLOYEES' RIGHTS RE ELECTIONS

Rights of employees — elections

338(1)

Nothing in this or any other Act prohibits an employee of the provincial education authority from seeking nomination as or being a candidate for public office, or supporting a candidate or political party, in a municipal, provincial, federal or francophone school board election or by-election, and, if elected, from serving in that office.

Leave of absence

338(2)

An employee who proposes to become a candidate in an election pursuant to this section may apply to the provincial education authority for a leave of absence without pay for a period

(a) in the case of an employee nominated as a candidate, not longer than the period commencing on the day on which the writ for the election is issued and ending 90 days after the day on which the results of the election are officially declared; and

(b) in the case of an employee not nominated as a candidate, not shorter than the period commencing on the day on which the writ for the election is issued and ending on the day fixed by law for the nomination of candidates;

and every such application must be granted.

Reinstatement of unsuccessful candidate

338(3)

An employee who runs for office in an election pursuant to this section and is not elected, and applies to the provincial education authority within 90 days after the date on which the results of the election are officially declared, must be reinstated to the position held immediately prior to the date the leave of absence was granted under subsection (2) or to a comparable position, and the employee's service is deemed to be unbroken for all purposes.

Leave of absence for elected candidate

339

An employee of the provincial education authority who runs for office in an election pursuant to section 338 and is elected and applies to the provincial education authority must be granted a leave of absence without pay for the period during which the employee holds office but not exceeding five years.

EXEMPTIONS RE LIABILITY

Exemption from liability

340(1)

An action or proceeding must not be brought against the minister or a government employee or the provincial education authority or an employee of the provincial education authority for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Exemption from liability — teacher certification and classification

340(2)

An action or proceeding for damages, retroactive remuneration or any other loss must not be brought against the government, the minister or an employee of the government in respect of a determination as to a teacher's classification or certification made in good faith under this Act.

Exemption from liability in certain cases

340(3)

When bodily injury or death is caused to a student

(a) during, or as a result of, a course provided by the provincial education authority;

(b) during, or as a result of, physical education or training carried on in connection with school activities; or

(c) before or after school hours or during recess on the school site, on field trips or excursions or on school buses;

an action or proceeding must not be brought by the student or by any other persons for loss or damage suffered by reason of the bodily injury or death against the provincial education authority or any employee, agent or board member of the provincial education authority unless it is shown that the injury or death was caused by the negligence of the authority or negligence of one or more of its employees, agents or board members.

Defective apparatus

340(4)

When the student's bodily injury or death is caused by defective or dangerous apparatus supplied by the provincial education authority for the use of the student, the provincial education authority and its employees and agents and the board members are deemed to have been not guilty of negligence unless it is shown that one or more of its employees, agents or board members had knowledge of the defect in or the dangerous nature of the apparatus and failed to remedy or replace the apparatus within a reasonable time after acquiring the knowledge.

Exemption from liability for accidents in work education programs

340(5)

Any student attending any course in technical or vocational instruction or participating in a program conducted off the school site, including a work education program, is deemed to have accepted the risks incidental to the business, trade, industry or activity in which the student is being instructed or trained or participating. And, if bodily injury or death is caused to the student during or as a result of the course or program, an action or proceeding must not be brought by the student or any other person for loss or damage suffered by reason of the bodily injury or death

(a) against the authority board or any of the authority board members, or the provincial education authority, if it is shown the board, member or authority, as the case may be, believed, upon reasonable grounds, that the person with whom the student was placed was competent to give the instruction and that the facility and equipment were such as to provide reasonable safeguards against injury or death; or

(b) against the person giving the instruction or the person's employees or agents unless the bodily injury or death of the student resulted from the negligence of the person giving the instruction or the person's employees or agents.

No action lies arising out of school patrol

340(6)

When property damage, bodily injury or death is caused to any person instructed, directed or controlled by a school patrol in the course of acting as a patrol, an action or proceeding must not be brought against the provincial education authority or any employee, agent or board member of the provincial education authority or the school patrol or their parent by reason or in respect of acting as a patrol.

OTHER MATTERS

Documentary and certificate evidence

341

A copy of a document issued by the minister, an inspector or another person authorized by this Act and certified by the person as a true copy is, without proof of that person's signature or authorization,

(a) evidence of that document; and

(b) evidence that the person issuing the document was authorized to do so.

Confidentiality

342

In carrying out their duties and exercising their powers, a member of the authority board or advisory council must not disclose confidential information that comes to the member's knowledge.

Penalty for contravention of the Act

343

A person who contravenes any provision of this Act is guilty of an offence, and, if no penalty is specifically provided for it, is liable, on conviction, to a fine of not more than $1,000, or to imprisonment for a term of not more than six months, or both.

REGULATIONS

Regulations — general matters

344

The Lieutenant Governor in Council may make regulations

(a) prescribing provisions of The Corporations Act that apply to the provincial education authority;

(b) prescribing the maximum amount, or the method for determining the maximum amount, that may be charged for tuition fees under this Act;

(c) respecting bonding and insurance requirements for employees of the provincial education authority;

(d) defining any word or phrase used but not defined in this Act;

(e) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Regulations — differential treatment

345

A regulation made under this Act may be general or particular in application and may apply to one or more classes of persons, entities or things and to the whole or any part of the province.

PART 14

EDUCATION SYSTEM TRANSITION

INTRODUCTORY PROVISIONS

Purpose

346(1)

The purpose of this Part is to provide for an effective and efficient transition of the education system governed by the former Acts to the education system governed by the new Act.

Definitions

346(2)

The following definitions apply in this Part.

"former Acts" means The Education Administration Act and The Public Schools Act, as those Acts read on the day before the coming into force of this Part. (« lois antérieures »)

"minister" means the member of Executive Council charged by the Lieutenant Governor in Council with the administration of the new Act. (« ministre »)

"new Act" means The Education Act, as enacted by Schedule A of The Education Modernization Act. (« nouvelle loi »)

"personal information" has the same meaning as in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)

"provincial education authority" means the provincial education authority established under subsection 349(1). (« Autorité »)

"school board", "school district" and "school division" have the same meaning as in The Public Schools Act as that Act read on the day before the coming into force of this Part. (« commission scolaire », « district scolaire » et « division scolaire »)

"transition authority board" means the board of the provincial education authority appointed under subsection 355(1). (« conseil de transition »)

MINISTER

Minister may obtain transition information

347(1)

The minister may request information, including personal information, for the purpose of this Part from the transition authority board or a school board, school division or school district.

Duty to provide information

347(2)

An entity that receives a request under this section must provide the minister with the information requested, in the form and within the time specified by the minister.

Safeguards

347(3)

Subsections 30(5) to (8) apply to information requested under this section with necessary changes.

Directives — transition planning

348(1)

The minister may issue a directive to the provincial education authority or a school board, school division or school district that the minister considers appropriate for the purpose of this Part.

Directive must be specific

348(2)

The minister must specify to whom the directive applies. A directive may differ from any other directive issued by the minister under this section.

Compliance required

348(3)

The provincial education authority, school board, school division or school district specified in the directive must comply with the directive.

Directives to be made public

348(4)

Within 30 days after issuing the directive, the minister must make the directive public in a manner that the minister considers appropriate.

PROVINCIAL EDUCATION AUTHORITY

Provincial education authority established

349(1)

The provincial education authority is hereby established as a corporation without share capital consisting of the members of the board appointed in accordance with section 355.

Corporations Act does not apply

349(2)

Except as prescribed by regulation, The Corporations Act does not apply to the provincial education authority.

Transition mandate

350

The mandate of the provincial education authority is to act at the direction of the minister for the purposes of this Part — namely,

(a) by providing services to support the effective and efficient transition of the education system under the former Acts to the education system under the new Act; and

(b) by organizing and preparing to carry out its mandate set out in section 39.

General powers

351

Subject to any prescribed restrictions, the provincial education authority may

(a) acquire and hold any interest in real or personal property and sell, mortgage, lease or otherwise deal with or dispose of any interest in real or personal property;

(b) receive, expend, loan and invest money;

(c) borrow money and give security for repayment of money borrowed; and

(d) exercise any other powers that are necessary to carry out its mandate.

Appointment of chief executive officer and other employees

352(1)

The transition authority board must appoint a chief executive officer (subject to the minister's approval) and may appoint other employees.

Appointment of directors of education

352(2)

The transition authority board may appoint one or more directors of education. For greater certainty, the directors of education are employees of the provincial education authority and act at the direction of the provincial education authority.

Appointment of member to MSBA

352(3)

The transition authority board must select from among its members a representative to be a member of the executive of the Manitoba School Boards Association.

Provincial education authority must comply

353

The provincial education authority must comply with this Part.

Corporate Matters

Duty of the transition authority board

354(1)

The transition authority board is responsible for

(a) managing, or supervising the management of, the business and affairs of the provincial education authority in accordance with its mandate; and

(b) ensuring effective stewardship of the provincial education authority's resources.

Duty of transition authority board member

354(2)

Each member of the transition authority board must

(a) act honestly and in good faith with a view to the best interests of the provincial education authority; and

(b) exercise the care, diligence and skills that a reasonable and prudent person should exercise in comparable circumstances.

Number of board members

355(1)

The transitional board of the provincial education authority is to consist of at least three and not more than five members appointed by the Lieutenant Governor in Council.

Term of office

355(2)

A member of the transition authority board is to be appointed for a term of up to two years. A member may be appointed for a further term.

Vacancy does not impair the board's powers

355(3)

A vacancy on the transition authority board does not impair the capacity of the remaining members to act.

Oath of office

355(4)

A person appointed to be a member of the transition authority board must take and sign, by oath or solemn affirmation, an oath of office prescribed by regulation.

Chair and vice-chair

355(5)

The chair and the vice-chair of the transition authority board are to be designated by the Lieutenant Governor in Council.

Remuneration and expenses

355(6)

Members of the transition authority board are to be paid the remuneration and expenses that the Lieutenant Governor in Council determines and payment must be made out of the funds of the board.

Public reporting

355(7)

The transition authority board must establish and publish rules providing for the public reporting of remuneration paid to board members and expenses that are reimbursed by the board.

By-laws

356

Subject to this Part, the transition authority board may make by-laws

(a) for the governance of the provincial education authority and the management and conduct of its affairs;

(b) respecting the calling and conducting of meetings of the board, including the procedure for calling regular and special meetings and electronic meetings;

(c) specifying matters that may be considered by the board in a meeting that is closed to the public.

Information about meetings to be available

357(1)

The transition authority board must make information about the date, time and place of its meetings available to the public, including by posting the information about its regular meetings on the provincial education authority's website.

Open meeting

357(2)

Unless the transition authority board is dealing with a matter specified in a by-law made under clause 356(c), the board must hold its meetings open to the public.

Committee meetings

357(3)

Meetings of committees may be closed to the public.

Electronic meetings

357(4)

The transition authority board may allow any or all members of the board to participate in or attend a meeting of the board or a committee of the board by electronic means if all members and other persons participating in or attending the meeting are able to communicate with one another.

Corporate acts must be done at board meetings

358

An act or proceeding of the transition authority board that is not done or taken at a regular or special meeting of the board is not valid or binding on any person affected by it.

Regulations

Regulations — powers of provincial education authority, transition

359

The Lieutenant Governor in Council may make regulations

(a) prescribing provisions of The Corporations Act that apply to the provincial education authority;

(b) restricting the powers of the provincial education authority;

(c) respecting anything required to deal with preparing for the transition from the former Acts to the new Act, including regulations to remedy any difficulty, inconsistency or impossibility resulting from that transition.

RELATED AMENDMENTS

R.S.M. 1990, c. 240 amended

360(1)

The Manitoba School Boards Association Act is amended by this section.

360(2)

Section 1 is amended by adding the following definitions:

"executive" means the executive of the association; (« bureau de direction »)

"provincial education authority" means the provincial education authority established under Part 14 of The Education Act; (« Autorité provinciale de l'éducation »)

360(3)

Section 2 is amended by adding ", which consists of persons who are, from time to time, members of the executive" at the end.

360(4)

Section 5 is amended by renumbering it as subsection 5(1) and adding the following as subsection 5(2):

Member — provincial education authority

5(2)

The provincial education authority is a member of the association and must pay the prescribed membership fee.

360(5)

Subsection 7(1) is amended by striking out "and" at the end of clause (c) and adding the following after clause (c):

(c.1) a member of the board of the provincial education authority; and

REPEAL

Repeal — Part 14

361

On the day that Part 4 (Provincial Education Authority) comes into force, this Part is repealed. Immediately upon the repeal of this Part,

(a) the provincial education authority is continued as the provincial education authority established by section 37;

(b) the transition authority board appointed under subsection 355(1) is deemed to be the authority board until the new authority board is constituted in accordance with section 41;

(c) the chief executive officer appointed under subsection 352(1) is deemed to be appointed under subsection 50(1);

(d) the employees appointed under subsection 352(1) continue to be employees of the provincial education authority;

(e) the directors of education appointed under subsection 352(2) are deemed to be appointed under subsection 69(1); and

(f) the member of the transition authority board appointed to the executive of the Manitoba School Boards Association continues as a member until the member's appointment to the executive is revoked or the member resigns.

PART 15

TRANSITIONAL PROVISIONS AND RELATED AMENDMENTS

TRANSITIONAL PROVISIONS

Definitions

362

The following definitions apply in this Part.

"former Act" means The Public Schools Act, as it read immediately before the coming into force of this section. (« loi antérieure »)

"new Act" means The Education Act, as enacted by Schedule A of The Education Modernization Act. (« nouvelle loi »)

"school board", "school district" and "school division" have the same meaning as in the former Act. (« commission scolaire », « district scolaire » et « division scolaire »)

School board dissolved

363(1)

Every school board — being the board of trustees of a school division and a body corporate — that exists on the day immediately before the coming into force of Part 4 of the new Act is dissolved on the day this section comes into force.

Effect of dissolution

363(2)

On the dissolution of each school board,

(a) every person who holds office as a trustee immediately before the coming into force of this section ceases to hold office as a trustee;

(b) all rights and obligations of that person in relation to their office are extinguished;

(c) no indemnity is payable under the former Act to a trustee in respect of service as a trustee between the date this section comes into force and the date that the person's term as a trustee would have expired but for this section;

(d) the rights and property of the school board are deemed to be the rights and property of the provincial education authority;

(e) the employment of a teacher by the school board is deemed to be the employment of a teacher by the provincial education authority;

(f) the employees of the school board (other than teachers) are deemed to be employees of the provincial education authority;

(g) the provincial education authority continues to be liable for the obligations of the school board;

(h) a civil, criminal or administrative action or proceeding by or against the school board may continue to be prosecuted by or against the provincial education authority; and

(i) a conviction against, or ruling order or judgment, in favour of or against the school board may be enforced by or against the provincial education authority.

Reference

363(3)

On the coming into force of this section, a reference to a school board or school division in an enactment, by-law, contract, agreement, instrument, licence or other document or record is deemed to be a reference to the provincial education authority.

Non-application — francophone school board

363(4)

This section does not apply to the francophone school board or its trustees.

School districts dissolved

364(1)

Every school district that exists on the day immediately before the coming into force of Part 4 of the new Act is dissolved on the day this section comes into force.

Effect of dissolution

364(2)

On the dissolution of each school district,

(a) every person who holds office as a trustee immediately before the coming into force of this section ceases to hold office as a trustee;

(b) all rights and obligations of that person in relation to their office are extinguished;

(c) no indemnity is payable under the former Act to a trustee in respect of service as a trustee between the date this section comes into force and the date that the person's term as a trustee would have expired but for this section;

(d) the rights and property of the school district are deemed to be the rights and property of the provincial education authority;

(e) the employment of a teacher by the school district is deemed to be the employment of a teacher by the provincial education authority;

(f) the employees of the school district (other than teachers) are deemed to be employees of the provincial education authority;

(g) the provincial education authority continues to be liable for the obligations of the school district;

(h) a civil, criminal or administrative action or proceeding by or against the school district may continue to be prosecuted by or against the provincial education authority; and

(i) a conviction against, or ruling order or judgment, in favour of or against the school district may be enforced by or against the provincial education authority.

Reference

364(3)

On the coming into force of this section, a reference to a school district in an enactment, by-law, contract, agreement, instrument, licence or other document or record is deemed to be a reference to the provincial education authority.

Francophone school division

365

On the coming into force of this section,

(a) the francophone school division established under the Francophone Schools Governance Regulation, Manitoba Regulation 202/93, made under the former Act is continued under the new Act and is deemed to be established under subsection 253(1) of the new Act;

(b) any real or personal property held by the francophone school board pursuant to subsection 72(1) of the former Act as it read on the day before the coming into force of this section is deemed to be held by the francophone school division;

(c) the employment of a teacher by the francophone school board is deemed to be the employment of a teacher by the francophone school division; and

(d) the employees (other than teachers) of the francophone school board are deemed to be employees of the francophone school division.

Local school committees, etc. dissolved

366

On the coming into force of this section,

(a) every local school committee is dissolved;

(b) a person who holds office as a member of a local school committee immediately before the coming into force of this section ceases to hold office as such a member;

(c) all rights and obligations of the person in relation to their office as a member of a local school committee are extinguished;

(d) every area advisory committee is dissolved;

(e) a person who holds office as a member of an area advisory committee immediately before the coming into force of this section ceases to hold office as such a member;

(f) all rights and obligations of the person in relation to their office as a member of an area advisory committee are extinguished;

(g) the Frontier College Institute Advisory Committee is dissolved;

(h) the appointment of each member of the Frontier College Institute Advisory Committee is revoked and all the rights and obligations in relation to that appointment are extinguished; and

(i) Frontier College Institute located in Cranberry Portage is continued as a school within the regional catchment area that includes territory north of the northern boundary of township 22 in the province.

Dissolution of other entities

367(1)

On the coming into force of this section, the following entities are dissolved:

(a) the deputy ministers' committee on community schools established by subsection 11(1) of The Community Schools Act;

(b) the community schools advisory committee established by subsection 12(1) of The Community Schools Act;

(c) The Advisory Board established under section 10 of The Education Administration Act.

Appointments extinguished

367(2)

On the dissolution of an entity referred to in subsection (1),

(a) the appointment of each person to the entity is revoked; and

(b) all rights and obligations of that person in relation to that appointment are extinguished.

Continuation of community school

368

On the coming into force of this section, a designated community school under The Community Schools Act is deemed to a community school designated under subsection 153(1) of the new Act.

Transitional — securities repayment

369

Money and investments held by a school division or school district that were to be applied to the repayment of any of the securities issued by the school division or school district before November 6, 2020 are, on November 6, 2020, deemed to be held by the Minister of Finance for debt repayment under subsection 181(1) of the former Act.

Transfer of government employees

370

The Lieutenant Governor in Council may transfer employees of the government to the provincial education authority and cause them to become employees of the provincial education authority.

Effect of enactment

371

A claim for breach of contract or constructive dismissal does not arise by reason only of the enactment of this Act.

Regulations — transition

372

The Lieutenant Governor in Council may make regulations respecting transitional matters, including regulations

(a) to prevent disruption in the education of students as a result of the formation of one or more regional catchment areas;

(b) to remedy any difficulty, inconsistency or impossibility resulting from the transition from the former Act to the new Act.

RELATED AMENDMENTS

R.S.M. 1990, c. 240 amended

373(1)

The Manitoba School Boards Association Act is amended by this section.

373(2)

The title is replaced with "THE MANITOBA SCHOOL BENEFITS ADMINISTRATION CORPORATION ACT".

373(3)

Section 1 is replaced with the following:

Definitions

1

The following definitions apply in this Act.

"corporation" means The Manitoba School Benefits Administration Corporation. (« Corporation »)

"executive" means the executive of the corporation. (« bureau de direction »)

"provincial education authority" means the provincial education authority established under Part 4 of The Education Act. (« Autorité provinciale de l'éducation »)

373(4)

Section 2 is replaced with the following:

Corporation continued

2

The Manitoba School Boards Association is continued as a corporation under the name The Manitoba School Benefits Administration Corporation, which consists of persons who are, from time to time, members of the executive.

373(5)

Section 3 is amended

(a) in the section heading, by striking out "of association"; and

(b) by striking out "association" and substituting "corporation".

373(6)

Section 4 is amended

(a) in the English version of the section heading, by striking out "of association";

(b) in the part before clause (a), by striking out "association" and substituting "corporation";

(c) by repealing clauses (a) to (d);

(d) by adding the following as clause (d.1):

(d.1) to provide

(i) a pension plan for employees of the provincial education authority who are not teachers, and

(ii) group insurance plans and benefit plans for the provincial education authority and employees of the provincial education authority who are not teachers; and

(e) by replacing clause (e) with the following:

(e) to cooperate with the government department responsible for elementary and high school education in Manitoba and any government agencies in matters related to the objects of the corporation; and

(f) in clause (f),

(i) by striking out "association" wherever it occurs and substituting "corporation", and

(ii) by striking out "purposes and".

373(7)

Sections 5 and 6 are repealed.

373(8)

Section 7 is replaced with the following:

Composition of executive

7

The affairs of the corporation shall be managed and administered by an executive consisting of at least three but not more than five persons appointed by the Lieutenant Governor in Council. One of the persons must be a board member of the provincial education authority.

373(9)

Section 8 is repealed.

373(10)

Section 9 is amended

(a) in clause (a), by striking out "association" and substituting "corporation";

(b) by repealing clauses (b), (c) and (d);

(c) in clause (e),

(i) by striking out "repeal, by-laws, rules and regulations" and substituting "repeal by-laws and rules", and

(ii) by striking out "association" and substituting "corporation"; and

(d) in clauses (f), (g) and (h), by striking out "association" wherever it occurs and substituting "corporation".

373(11)

Sections 10 to 15 are repealed.

Effect of continuance

374

On the continuation of the Manitoba School Boards Association as the Manitoba School Benefits Administration Corporation,

(a) the rights and property of the Manitoba School Boards Association continue to be the rights and property of the Manitoba School Benefits Administration Corporation;

(b) the Manitoba School Benefits Administration Corporation continues to be liable for the obligations of the Manitoba School Boards Association;

(c) an existing cause of action, claim or liability to prosecution is unaffected;

(d) a civil, criminal or administrative action or proceeding pending by or against the Manitoba School Boards Association may continue to be prosecuted by or against the Manitoba School Benefits Administration Corporation;

(e) a conviction against, or ruling, order or judgment in favour of or against the Manitoba School Boards Association may be enforced by or against the Manitoba School Benefits Administration Corporation; and

(f) a reference to the Manitoba School Boards Association in an enactment, by-law, contract, agreement, instrument, licence or other document or record is deemed to be a reference to the Manitoba School Benefits Administration Corporation.

PART 16

REPEAL, C.C.S.M. REFERENCE AND
COMING INTO FORCE

Repeal

375

The following Acts and their regulations are repealed:

(a) The Community Schools Act, S.M. 2013, c. 29;

(b) The Education Administration Act, R.S.M.1987, c. E10;

(c) The Public Schools Act, R.S.M. 1987, c. P250;

(d) The St. James-Assiniboia School Division No. 2 Act, S.M. 1989-90, c. 11.

C.C.S.M. reference

376

This Act may be referred to as chapter E8 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

377

This Act comes into force on a day to be fixed by proclamation.


SCHEDULE B

THE STATUTE LAW AMENDMENT ACT
(EDUCATION MODERNIZATION)

TABLE OF CONTENTS

Section

1

The Adult Learning Centres Act

2

The Advanced Education Administration Act

3

The Advocate for Children and Youth Act

4

The Amusements Act

5

The Apprenticeship and Certification Act

6

The Archives and Recordkeeping Act

7

The Child and Family Services Act

8

The Civil Service Superannuation Act

9

The Community Revitalization Tax Increment Financing Act

10

The Consumer Protection Act

11

The Contaminated Sites Remediation Act

12

The Corporations Act

13

The Crown Lands Act

14

The Defamation Act

15

The Drinking Water Safety Act

16

The Elections Act

17

The Environment Act

18

The Manitoba Evidence Act

19

The Executions Act

20

The Executive Government Organization Act 

21

The Expropriation Act

22

The Financial Administration Act

23

The Francophone Community Enhancement and Support Act

24

The Freedom of Information and Protection of Privacy Act

25

The Highway Traffic Act

26

The Human Rights Code

27

The Manitoba Hydro Act

28

The Income Tax Act

29

The International Education Act

30

The Interpretation Act

31

The Manitoba Investment Pool Authority Act

32

The Jury Act

33

The Labour Relations Act

34

The Liquor, Gaming and Cannabis Control Act

35

The Lobbyists Registration Act

36

The Local Government Districts Act

37

The Municipal Act

38

The Municipal Assessment Act

39

The Municipal Affairs Administration Act

40

The Municipal Board Act

41

The Municipal Council Conflict of Interest Act

42

The Municipal Councils and School Boards Elections Act

43

The Northern Affairs Act

44

The Ombudsman Act

45

The Provincial Parks Act

46

The Planning Act

47

The Private Vocational Institutions Act

48

The Property Tax and Insulation Assistance Act

49

The Protecting and Supporting Children (Information Sharing) Act

50

The Psychologists Registration Act

51

The Public Interest Disclosure (Whistleblower Protection) Act

52

The Public Officers Act

53

The Public Sector Executive Compensation Act

54

The Public Sector Compensation Disclosure Act

55

The Public Utilities Board Act

56

The Real Property Act

57

The Red River College Act

58

The Regulatory Accountability Act

59

The Statutes and Regulations Act

60

The Student Aid Act

61

The Teachers' Pensions Act

62

The Manitoba Teachers' Society Act

63

The Manitoba Institute of Trades and Technology Act

64

The Transportation Infrastructure Act

65

The Unconditional Grants Act

66

The Water Resources Administration Act

67

The Workers Compensation Act

68

The Thompson Charter

69

The City of Winnipeg Charter

70

The Government Notices Modernization Act (Various Acts Amended)

71

The Private Vocational Institutions Act

72

Coming into force


THE STATUTE LAW AMENDMENT ACT
(EDUCATION MODERNIZATION)

C.C.S.M. c. A5 amended

1(1)

The Adult Learning Centres Act is amended by this section.

1(2)

Section 1 is amended

(a) in clause (a) of the definition "course", by striking out "The Education Administration Act" and substituting "The Education Act";

(b) in clause (a) of the definition "recognized educational credential", by striking out "The Public Schools Act" and substituting "The Education Act";

(c) in the definition "recognized educational institution",

(i) by replacing clause (b) with the following:

(b) the provincial education authority,

(b.1) the francophone school division,

(ii) by repealing clause (c);

(d) by replacing the definition "independent school" with the following:

"independent school" means an independent school that receives a grant under section 315 of The Education Act; (« école indépendante »)

(e) by replacing the definition "teacher" with the following:

"teacher" has the same meaning as in The Education Act; (« enseignant »)

(f) by repealing the definition "school division".

1(3)

Subsection 12(2) is replaced with the following:

Exception

12(2)

For greater certainty, the provincial education authority, the francophone school division or an independent school that receives a grant under section 315 of The Education Act may continue to offer mature student high school graduation diplomas to individual adults attending regular secondary classes that are not part of an adult program offered by the provincial education authority, the francophone school division or the independent school.

1(4)

Clause 36(s) is amended by striking out "The Education Administration Act and The Public Schools Act" and substituting "The Education Act".

1(5)

Section 40 is amended

(a) by replacing the section heading with "Relationship to Education Act"; and

(b) by striking out "The Education Administration Act and The Public Schools Act" and substituting "The Education Act".

C.C.S.M. c. A6.3 amended

2

Subsection 6(1) and clause 9.2(2)(a) of The Advanced Education Administration Act are amended by striking out "The Education Administration Act" and substituting "The Education Act".

C.C.S.M. c. A6.7 amended

3

Section 1 of The Advocate for Children and Youth Act is amended in clause (c) and subclause (h)(iii) of the definition "designated service" by striking out "The Public Schools Act" and substituting "The Education Act".

C.C.S.M. c. A70 amended

4

Section 1 of The Amusements Act is amended in the definition "place of amusement" by replacing subclause (h)(ii) with the following:

(ii) by the provincial education authority or the francophone school division, or

C.C.S.M. c. A110 amended

5

Clause 16(b) of The Apprenticeship and Certification Act is amended

(a) in subclause (ii), by striking out everything after "independent school" and substituting "under The Education Act,"; and

(b) by repealing subclause (iii).

C.C.S.M. c. A132 amended

6

Section 1 of The Archives and Recordkeeping Act is amended in the definition "local authority" by replacing clause (a) with the following:

(a) the francophone school division,

C.C.S.M. c. C80 amended

7

Clause 18.4(2)(e) of The Child and Family Services Act is amended by striking out "superintendent of the school division in which the school is located" and substituting "director of education for the regional catchment area in which the school is located, the provincial education authority or the francophone school division, as the case may be".

C.C.S.M. c. C120 amended

8

Subsection 53(1) of The Civil Service Superannuation Act is amended in the definition "reciprocating Manitoba employer" by replacing clause (b) with the following:

(b) the francophone school division, or

C.C.S.M. c. C166 amended

9(1)

The Community Revitalization Tax Increment Financing Act is amended by this section.

9(2)

Section 1 is amended

(a) by adding the following definitions:

"provincial education authority" means the provincial education authority established under The Education Act. (« Autorité provinciale de l'éducation »)

"regional catchment area" means a regional catchment area established under The Education Act. (« région de recrutement »)

(b) in the definition "education support levy", by striking out "section 184 of The Public Schools Act" and substituting "section 208 of The Education Act"; and

(c) in the definition "special levy",

(i) by striking out "section 188 of The Public Schools Act" and substituting "section 212 of The Education Act", and

(ii) by striking out "section 187" and substituting "section 207".

9(3)

Subsection 4(3) is replaced with the following:

Municipality and education authority to be consulted

4(3)

Before recommending that the Lieutenant Governor in Council designate a property as a community revitalization property, the minister must consult with the council of the municipality in which the property is located and the provincial education authority.

9(4)

Section 6 is replaced with the following:

Municipality and education authority to be notified

6

When a community revitalization property is designated or its designation expires or is revoked, the minister must notify the municipality in which the property is located and the provincial education authority.

9(5)

Subsection 11(3) is amended, in the part before clause (a), by striking out "school division" and substituting "regional catchment area".

9(6)

Section 13 is amended by striking out "to school divisions under section 189 of The Public Schools Act" and substituting "to the provincial education authority under section 213 of The Education Act".

9(7)

Section 14 and clause 16(1)(d) are amended by striking out "The Public Schools Act" and substituting "The Education Act".

C.C.S.M. c. C200 amended

10(1)

The Consumer Protection Act is amended by this section.

10(2)

Clause 122(2)(f) is replaced with the following:

(f) by the provincial education authority or by the francophone school division; or

10(3)

Section 165 is amended in the definition "local government body" by replacing clause (d) with the following:

(d) the francophone school division;

10(4)

Subclause 168(1)(c)(iv) is replaced with the following:

(iv) the francophone school division;

C.C.S.M. c. C205 amended

11

Section 2 of The Contaminated Sites Remediation Act is amended in the definition "person" by striking out "a school board" and substituting "the francophone school division".

C.C.S.M. c. C225 amended

12

Clause 3(1)(b) of The Corporations Act is amended by striking out "corporations created under The Public Schools Act" and substituting "a corporation created under The Education Act".

C.C.S.M. c. C340 amended

13(1)

The Crown Lands Act is amended by this section.

13(2)

Subsection 7(4) is amended

(a) by striking out ", local government district or school district in unorganized territory" and substituting "or local government district"; and

(b) by striking out ", local government district or school district" and substituting "or local government district".

13(3)

Subsection 7(5) is amended by striking out ", local government district or school district" and substituting "or local government district".

13(4)

Subsection 12(1) is amended by striking out ", and in unorganized or disorganized territory the assessor of every school district,".

C.C.S.M. c. D20 amended

14

Clause 10(1)(e) of The Defamation Act is amended

(a) by replacing subclause (ii) with the following:

(ii) the school board of the francophone school division;

(b) by repealing subclause (iii).

C.C.S.M. c. D101 amended

15

Clause 26(3)(c) of The Drinking Water Safety Act is replaced with the following:

(c) a municipality, a local government district, the francophone school division, a regional health authority or other local authority established by or under an enactment;

C.C.S.M. c. E30 amended

16

Subsection 105(1) of The Elections Act is amended by striking out "a school established under The Public Schools Act" and substituting "a public school established under The Education Act".

C.C.S.M. c. E125 amended

17

Subsection 40.10(1) of The Environment Act is amended in the definition "school" by striking out "as defined in The Education Administration Act" and substituting "under The Education Act".

C.C.S.M. c. E150 amended

18

Clause 62(1)(j) of The Manitoba Evidence Act is replaced with the following:

(j) The mayor, reeve, or clerk of any municipality or the resident administrator of any local government district.

C.C.S.M. c. E160 amended

19(1)

The Executions Act is amended by this section.

19(2)

Section 18 is amended by striking out everything after "municipality" and substituting ", the provincial education authority or the francophone school division.".

19(3)

Clause 23(1)(j) is replaced with the following:

(j) the chattel property of The City of Winnipeg or of any municipality, a local government district, the provincial education authority or the francophone school division.

C.C.S.M. c. E170 amended

20

Clause 16(c) of The Executive Government Organization Act is amended by striking out ", school district, school division,".

C.C.S.M. c. E190 amended

21(1)

The Expropriation Act is amended by this section.

21(2)

Subsection 1(1) is amended in the definition "confirming authority" by replacing clause (b) with the following:

(b) where the authority is the francophone school division, the school board;

21(3)

Subsection 51(1) is amended by striking out "school division or school district" and substituting "the francophone school division".

C.C.S.M. c. F55 amended

22

Subclause 27(2)(a)(v) of The Financial Administration Act is replaced with the following:

(v) a municipality, or

C.C.S.M. c. F157 amended

23(1)

The Francophone Community Enhancement and Support Act is amended by this section.

23(2)

The preamble is amended in the seventh paragraph

(a) by striking out "The Public Schools Act" and substituting "The Education Act"; and

(b) in the French version, by striking out "d'une division scolaire de langue française" and substituting "de la division scolaire francophone".

23(3)

Schedule B is amended by replacing the second paragraph under the heading "Education sector" with the following:

In The Education Act, subsection 126(1) (English and French as languages of instruction) provides for French and English as the languages of instruction in public schools, and Part 11 (Francophone School Division) establishes the francophone school division to govern francophone schools.

C.C.S.M. c. F175 amended

24

Subsection 1(1) of The Freedom of Information and Protection of Privacy Act is amended by replacing clause (a) of the definition "educational body" with the following:

(a) the francophone school division,

C.C.S.M. c H60 amended

25(1)

The Highway Traffic Act is amended by this section.

25(2)

Subsection 1(1) is amended in clause (a) of the definition "school" by striking out "The Education Administration Act" and substituting "The Education Act".

25(3)

Subsection 134(5.1) is amended, in the part before clause (a), by striking out "The Public Schools Act" and substituting "The Education Act".

C.C.S.M. c. H175 amended

26

Section 1 of The Human Rights Code is amended by replacing clause (c) of the definition "local authority" with the following:

(c) the board of trustees of the francophone school division;

C.C.S.M. c. H190 amended

27

Section 1 of The Manitoba Hydro Act is amended in definition "municipality" by striking out "a school district, school area, or school division" and substituting "the francophone school division".

C.C.S.M. c. I10 amended

28(1)

The Income Tax Act is amended by this section.

28(2)

Subsection 5.3(1) is amended in clauses (a) and (b) of the definition "school taxes" by striking out "section 188 of The Public Schools Act" and substituting "section 212 of The Education Act".

28(3)

Subsection 5.6(2.1) is replaced with the following:

Payment to provincial education authority

5.6(2.1)

The Minister of Finance for Manitoba may require a portion of the amount payable to a municipality or local government district under subsection (2) to be paid directly to the provincial education authority. The amount so paid reduces the amount otherwise payable by the municipality or local government district to the provincial education authority.

28(4)

Subsection 10.1(30) is amended, in the part before clause (a), by striking out "The Education Administration Act" and substituting "The Education Act".

C.C.S.M. c. I75 amended

29(1)

The International Education Act is amended by this section.

29(2)

Subsection 1(1) is amended

(a) in the definition "domestic student", by striking out "a resident pupil within the meaning of The Public Schools Act" and substituting "a resident student under The Education Act";

(b) in the definition "independent school", by striking out everything after "independent school" and substituting "that receives a grant under section 315 of The Education Act."; and

(c) by repealing the definition "regional vocational school".

29(3)

Section 2 is amended

(a) by replacing clause (d) with the following:

(d) the provincial education authority;

(d.1) the francophone school division;

(b) by repealing clause (f).

29(4)

Subsection 7(1) is amended

(a) by replacing clause (d) with the following:

(d) the provincial education authority;

(d.1) the francophone school division;

(b) by repealing clause (f).

29(5)

Clause 31(7)(c) is repealed.

C.C.S.M. c. I80 amended

30

The Schedule of Definitions to The Interpretation Act is amended by adding the following definitions:

"francophone school division" means the francophone school division as defined in The Education Act; (« division scolaire francophone »)

"provincial education authority" means the provincial education authority as defined in The Education Act; (« Autorité provinciale de l'éducation »)

C.C.S.M. c. I100 amended

31

Section 1 of The Manitoba Investment Pool Authority Act is amended by replacing clause (c) of the definition "public body" with the following:

(c) the provincial education authority,

(c.1) the francophone school division,

C.C.S.M. c. J30 amended

32(1)

The Jury Act is amended by this section.

32(2)

Section 1 is amended in the definition "appropriate list" by striking out "of a board of trustees of a school division or school district within the province" and substituting "the board of trustees of the francophone school division".

32(3)

Clause 53(a) is amended by striking out "of a board of trustees of a school division or school district within the province" and substituting "the board of trustees of the francophone school division".

C.C.S.M. c. L10 amended

33(1)

The Labour Relations Act is amended by this section.

33(2)

Section 1 is amended in the definition "collective agreement" by striking out "The Public Schools Act" and substituting "The Education Act".

33(3)

Clause 4(3)(f) is replaced with the following:

(f) The Education Act.

33(4)

Clause 69(4)(a) is amended by striking out "The Public Schools Act" and substituting "The Education Act".

33(5)

Subsection 79(4) is amended by striking out "Part VII of The Public Schools Act" and substituting "Part 6 of The Education Act".

C.C.S.M. c. L153 amended

34(1)

The Liquor, Gaming and Cannabis Control Act is amended by this section.

34(2)

Section 158 is amended in the definition "voting day" by striking out "The Municipal Councils and School Boards Elections Act" and substituting "The Municipal Councils Elections Act".

34(3)

Subsection 165(3) is amended

(a) in the section heading, by striking out "Municipal Councils and School Boards Elections Act" and substituting "Municipal Councils Elections Act"; and

(b) by striking out "The Municipal Councils and School Boards Elections Act applies" and substituting "The Municipal Councils Elections Act applies".

C.C.S.M. c. L178 amended

35

Subsection 3(1) of The Lobbyists Registration Act is amended

(a) in clause (f), by adding "of the francophone school division" after "school board" wherever it occurs; and

(b) in clause (g), by striking out "school boards" and substituting "the school board of the francophone school division".

C.C.S.M. c. L190 amended

36(1)

The Local Government Districts Act is amended by this section.

36(2)

Subsection 9(1) is amended

(a) by repealing clauses (e), (g), (h) and (i);

(b) by replacing clause (j) with the following:

(j) authorize, empower, and direct, the receiver of a disorganized municipality to assign, transfer, and set over, any or all assets of the disorganized municipality and, without in any way restricting the generality of the foregoing, any land or any interest therein, any taxes, arrears of taxes, tax sale certificates, tax sale applications, agreements for sale, options, or mortgages, unto

(i) the provincial education authority; or

(ii) any local government district;

and authorize, empower, and direct, the local government district or provincial education authority to administer the assets that have been assigned, transferred, and set over, to it upon such terms and conditions as the order in council provides, or if the order in council so provides, as may be determined by an award made by the minister;

(c) in clause (k),

(i) by repealing subclauses (ii) to (iv), and

(ii) in the part after subclause (v), by striking out ", the school district,";

(d) in clause (n),

(i) by replacing subclause (i) with the following:

(i) a disorganized municipality;

(ii) by repealing subclauses (ii), (iii) and (iv), and

(iii) in the part after subclause (v), by striking out ", under and subject to The Public Schools Act or the school district,";

(e) in clause (o), by striking out subclauses (ii) and (iii);

(f) in clause (p),

(i) by striking out ", or school district, or any school trustees, or any trustee for school districts in disorganized municipalities,", and

(ii) by striking out "local government district, school district" and substituting "local government district";

(g) in clause (q), by striking out ", school district";

(h) by repealing clauses (r) and (s);

(i) in clause (u), by striking out "or in school districts in unorganized territory, disorganized municipalities, or local government districts,"; and

(j) in clauses (w) and (x), by striking out ", or in school districts in unorganized territory, disorganized municipalities, or local government districts".

36(3)

Subsection 9(7) is amended by striking out ", the school district" wherever it occurs.

36(4)

Subsection 12(1) is amended by adding "or" at the end of clause (a) and by repealing clauses (b), (c), (d) and (j).

36(5)

Subsection 12(2) is amended by striking out ", school district,".

36(6) Subsection 12(3) is amended by striking out ", school district, or local government district," and substituting "or a local government district".

36(7)

Subsection 12(5) is amended

(a) by striking out ", school district, or" wherever it occurs and substituting "or"; and

(b) by striking out "school district or".

36(8)

Subsection 13(1) is amended

(a) by replacing clause (c) with the following:

(c) any sums required to be raised in the year to pay the requisitions payable by the local government district;

(b) by repealing clause (d).

36(9)

Section 17 is amended

(a) in the part before clause (a),

(i) by striking out ", a school district," wherever it occurs, and

(ii) by striking out "the school district,"; and

(b) in the part after clause (c), by striking out ", the school district,".

36(10)

Section 19 is repealed.

36(11)

Section 21 is amended

(a) in the part before clause (a),

(i) by striking out "or to all or any school districts wholly or partly therein,", and

(ii) by striking out "or to any school district wholly or partly therein,";

(b) in clause (c), by striking out "or school district" wherever it occurs; and

(c) in clause (d), by striking out "or in school districts wholly or partly therein".

36(12)

Section 22 is amended by striking out "The Municipal Councils and School Boards Elections Act" wherever it occurs and substituting "The Municipal Councils Elections Act".

36(13)

Clause 33(1)(a) is amended, in the part before subclause (i), by striking out "The Municipal Councils and School Boards Elections Act" and substituting "The Municipal Councils Elections Act".

C.C.S.M. c. M225 amended

37(1)

The Municipal Act is amended by this section.

37(2)

Subsection 1(1) is amended

(a) in the definition "local authority", by repealing clause (b); and

(b) in the definition "voter", by striking out "The Municipal Councils and School Boards Elections Act" and substituting "The Municipal Councils Elections Act".

37(3)

In the following provisions, "The Municipal Councils and School Boards Elections Act" is struck out and "The Municipal Councils Elections Act" is substituted:

(a) subsections 23(3) and (4);

(b) subsections 39(3) and (4);

(c) subsection 73(2) in the section heading and in the section;

(d) clause 93.13(2)(b);

(e) clause 95(3)(a).

37(4)

Subsection 113(5) is amended

(a) in the section heading, by striking out "Municipal Councils and School Boards Elections Act" and substituting "Municipal Councils Elections Act"; and

(b) by striking out "The Municipal Councils and School Boards Elections Act" and substituting "The Municipal Councils Elections Act".

37(5)

Clause 154(6)(b) is amended by striking out ", school division or school district".

37(6)

Section 199 is repealed.

37(7)

Clause 224(c) is replaced with the following:

(c) amounts owing by the municipality to the government or a government agency;

37(8)

Section 226 is replaced with the following:

Distribution of assets for school purposes

226

The minister may order the receiver of a dissolved municipality to assign and transfer all or any portion of the assets of the dissolved municipality to the provincial education authority, in the manner provided in the order, in settlement of all claims of the provincial education authority against the municipality.

C.C.S.M. c. M226 amended

38(1)

The Municipal Assessment Act is amended by this section.

38(2)

Subclause 13(1)(c)(iv) is amended by striking out "school division or school district boundary" and substituting "boundary of a regional catchment area under The Education Act".

38(3)

The following is added after clause 21(b):

(b.1) is owned by, or is held in trust for, the provincial education authority established under The Education Act;

(b.2) is owned by, or is held in trust for, the francophone school division;

38(4)

Clause 22(1)(d) is replaced with the following:

(d) is used for a public school or an independent school within the meaning of The Education Act, to a maximum exemption of 4.047 hectares;

38(5)

Subsection 23(2) is amended by striking out "The Public Schools Act" and substituting "The Education Act".

C.C.S.M. c. M230 amended

39(1)

The Municipal Affairs Administration Act is amended by this section.

39(2)

Clauses 11(b) and (d) are amended by striking out "or school districts".

39(3)

Section 14 is amended by striking out "or school district" wherever it occurs.

39(4)

Clause 15(1)(a) and subsections 15(3) and (4) are amended by striking out "clauses 11(a), (c), and (d)" and substituting "clauses 11(a) and (c)".

39(5)

Subsection 16(1) is amended

(a) by striking out "a municipality, local government district or school district" and substituting "a municipality or local government district"; and

(b) by striking out "the municipality, local government district, or school district" and substituting "the municipality or local government district".

39(6)

Subsection 17(1) is amended by striking out ", and school districts".

39(7)

Subsection 17(2) is amended by striking out ", and school districts,".

C.C.S.M. c. M240 amended

40(1)

The Municipal Board Act is amended by this section.

40(2)

Section 1 is amended

(a) by replacing the definition "local authority" with the following:

"local authority" means the council of a municipality and the board of trustees of the francophone school division, and includes the administrator of a municipality; (« autorité locale »)

(b) by repealing the definition "school district"; and

(c) by adding the following definition:

"school division" means the francophone school division; (« division scolaire »)

40(3)

Subsection 14(1) is amended by striking out "school district" and substituting "school division".

40(4)

The heading for Part II is amended by striking out "DISTRICTS" and substituting "DIVISIONS".

40(5)

Section 70 is amended by striking out ", or to The Winnipeg School Division No. 1".

40(6)

Clauses 71(1)(a) and (b) are amended by striking out "school district" and substituting "school division".

40(7)

Subsection 71(2) and clause 76(e) are repealed.

40(8)

Subsection 77(1) is amended by striking out "or" at the end of clause (b) and repealing clause (c).

40(9)

Subsection 80(1) is amended by striking out "and the school districts for which it collects taxes,".

40(10)

Subsection 80(2) is amended

(a) in clause (a),

(i) by striking out "or of the school districts for which it collects taxes", and

(ii) by striking out "or the school districts";

(b) in clause (b), by striking out "or school";

(c) in clause (c),

(i) by striking out "and of the school districts", and

(ii) by striking out "or the school district, as the case may be";

(d) in clause (d), by striking out "or at those of the boards of trustees of the school districts"; and

(e) in clause (f), by striking out "or the school board, as the case may be".

40(11)

Subsection 81(2) is repealed.

40(12)

Subsection 81(3) is replaced with the following:

Duty of local authority

81(3)

No local authority to which subsection (1) applies shall finally settle its estimates or pass any by-law in respect thereof until the estimates of the municipality have been approved by order of the board; and the board may modify or vary any such estimate before issuing its order of approval.

40(13)

Subsection 82(2) is amended by striking out "or any office in the school district, as the case may be,".

40(14)

Clause 90(a) is amended by striking out "or school district".

C.C.S.M. c. M255 amended

41

Clause 4(7)(c) of The Municipal Council Conflict of Interest Act is replaced with the following:

(c) the francophone school division;

C.C.S.M. c. M257 amended

42(1)

The Municipal Councils and School Boards Elections Act is amended by this section.

42(2)

The title is replaced with "THE MUNICIPAL COUNCILS ELECTIONS ACT".

42(3)

Section 1 is amended

(a) in the definition "election", by striking out "an elected authority" and substituting "a council of a municipality";

(b) in the definition "general election", by striking out "an elected authority" and substituting "a council of a municipality";

(c) in the definition "voters list", by striking out "local authority" and substituting "municipality"; and

(d) by repealing the definitions "elected authority", "local authority" and "school board".

42(4)

Clause 2(a) and subclause 2(b)(iv) are amended by striking out "local authority" and substituting "municipality".

42(5)

Section 3 of the French version is amended by striking out "d'une autorité locale".

42(6)

Clauses 4(1)(a) and (b) and subsection 4(2) are amended by striking out "local authority" and substituting "municipality".

42(7)

Subsection 8(1) is amended by replacing the part before clause (a) with the following:

Agreements

8(1)

A council of a municipality may agree to conduct the following for another council of a municipality, with the agreement of the other council of a municipality:

42(8)

Subsection 8(2) is amended

(a) by striking out "An elected authority" and substituting "A council of a municipality"; and

(b) by striking out "other elected authority" and substituting "other council of a municipality".

42(9)

Section 9 is amended by striking out "local authority" wherever it occurs and substituting "municipality".

42(10)

Subsection 10(1) is amended by striking out "elected authority" and substituting "council of a municipality".

42(11)

Subsection 10(2) is amended

(a) in the section heading of the English version, by striking out "authority" and substituting "municipality"; and

(b) by striking out "local authorities" and substituting "municipalities".

42(12)

Subsection 10(4) is amended

(a) in the English version, by adding "a" before "senior election official"; and

(b) by striking out "elected authority" and substituting "council of a municipality".

42(13)

Subsection 11(1) is amended by striking out "local authority" wherever it occurs and substituting "municipality".

42(14)

Subsection 11(3) is amended

(a) in the section heading of the English version, by striking out "Elected authority" and substituting "Council of municipality"; and

(b) by striking out "An elected authority" and substituting "A council of a municipality".

42(15)

Subsection 13(3) is amended by striking out "local authority" and substituting "municipality".

42(16)

Clause 17(1)(b) is amended by striking out "an elected authority" and substituting "a council of a municipality".

42(17)

In the following provisions, "local authority" is struck out wherever it occurs and "municipality" is substituted:

(a) clause 21(1)(b);

(b) subsection 21(5);

(c) subsections 23(1) and (2);

(d) subsection 25(1).

42(18)

Clause 28(1)(c) is amended by striking out "local authority" and substituting "municipality".

42(19)

Subsection 28(2) is amended

(a) in the part before clause (a), by striking out "local authority" and substituting "municipality"; and

(b) in clause (a), by striking out "authority" and substituting "municipality".

42(20)

Subsection 28(3) is amended by striking out "local authority" wherever it occurs and substituting "municipality".

42(21)

Subsection 32(2) is amended by striking out "local authority" wherever it occurs and substituting "municipality".

42(22)

Clause 37(3)(a) is repealed.

42(23)

Clauses 40(1)(a) and (b) are amended by striking out "an elected authority" and substituting "a council of a municipality".

42(24)

Subsections 42(2) and 51(3) are amended by striking out "local authority" wherever it occurs and substituting "municipality".

42(25)

Subsection 62(1) is amended by striking out "An elected authority" and substituting "The council of a municipality".

42(26)

Section 63 of the English version is amended by striking out "local authority" and substituting "municipality".

42(27)

Subsection 67(1) is replaced with the following:

Notice in Winnipeg and other prescribed municipalities

67(1)

The senior election official of The City of Winnipeg and a municipality prescribed by regulation must ensure that a notice of where the voter is to vote on election day is mailed or distributed to each eligible voter on the voters list of the municipality.

42(28)

Subsection 67(2) is repealed.

42(29)

In the following provisions, "local authority" is struck out wherever it occurs and "municipality" is substituted:

(a) subsections 94(1) and (2);

(b) subsection 94(3) of the English version.

42(30)

Subclause 95(1)(c)(i) and clause 107(1)(a) are amended by striking out "local authority" and substituting "municipality".

42(31)

Clause 139(3)(a) is amended by striking out "on a local authority" and substituting "of a municipality".

42(32)

Subsection 144(4) of the English version is amended by striking out "elected authority" and substituting "council of a municipality".

42(33)

Subsection 144(5) is amended by striking out "local authority" and substituting "municipality".

42(34)

In the following provisions, "local authority" is struck out and "municipality" is substituted:

(a) subsections 145(1) and (2);

(b) section 146;

(c) subsection 147(3).

42(35)

Clause 152(1)(f) is amended

(a) by striking out "local authorities" and substituting "municipalities"; and

(b) by striking out "local authority" and substituting "municipality".

42(36)

Subsection 152(2) is amended

(a) in the section heading, by striking out "local authority" and substituting "municipality";

(b) in the part before clause (a),

(i) by striking out "local authority" and substituting "municipality", and

(ii) by striking out "new authority" and substituting "new municipality"; and

(c) in clause (b), by striking out "new authority" and substituting "new municipality".

42(37)

Subsection 152(3) is amended

(a) in the section heading, by striking out "authority" and substituting "municipality"; and

(b) by striking out "local authority" wherever it occurs and substituting "municipality".

42(38)

Subsection 152(4) is amended by striking out "authority" wherever it occurs and substituting "municipality".

C.C.S.M. c. N100 amended

43(1)

The Northern Affairs Act is amended by this section.

43(2)

Section 1 is amended in the definition "local authority" by repealing clause (b).

43(3)

Subsection 186(2) and clause 186(3)(b) are amended by striking "municipality, school division or school district" and substituting "municipality or the provincial education authority".

43(4)

Clause 202(2)(c) is amended by striking out "and to the school districts or school divisions for which the community collects taxes".

43(5)

Subsection 202(3) is replaced with the following:

Distribution of assets for school purposes

202(3)

The minister may order the receiver to assign and transfer all or any portion of the assets of the dissolved community to the provincial education authority, in the manner provided in the order, in settlement of all claims of the provincial education authority against the community.

43(6)

Clause 234(dd) is amended by striking out "The Municipal Councils and School Boards Elections Act" and substituting "The Municipal Councils Elections Act".

C.C.S.M. c. O45 amended

44(1)

The Ombudsman Act is amended by this section.

44(2)

Section 1 is amended

(a) by replacing the definition "chief administrative officer" with the following:

"chief administrative officer" in respect of

(a) a municipality has the same meaning as in The Municipal Act,

(b) the city has the same meaning as in The City of Winnipeg Charter,

(c) the francophone school division means the superintendent appointed under The Education Act; (« directeur général »)

(b) in the definition "council", by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following after clause (b):

(c) the francophone school division, means the school board of the francophone school division;

(c) in the definition "head of council", by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and by adding the following after clause (b):

(c) the francophone school division, means the chair of the school board of the francophone school division;

(d) by repealing the definition "municipality"; and

(e) by adding the following definition:

"local authority" means

(a) a municipality as defined in The Municipal Act,

(b) The City of Winnipeg, and

(c) the francophone school division; (« autorité locale »)

44(3)

In the following provisions, "municipality" is struck out wherever it occurs and "local authority" is substituted:

(a) clause 15(b);

(b) subsection 16(2), in the part before clause (a);

(c) clause 17(c);

(d) subsection 23(2);

(e) section 25;

(f) section 28;

(g) subsection 29(2);

(h) subsection 30(1) in the part after clause (b);

(i) clause 30(2)(a);

(j) subsections 35(1) and (2).

44(4)

Subsection 36(3) is amended by adding "or Part 11 of The Education Act" after "The City of Winnipeg Charter".

44(5)

Sections 37 and 43 are amended by striking out "municipality" wherever it occurs and substituting "local authority".

C.C.S.M. c. P20 amended

45

Section 13 of The Provincial Parks Act is amended by striking out "school division, school district".

C.C.S.M. c. P80 amended

46(1)

The Planning Act is amended by this section.

46(2)

Subsection 1(1) is amended

(a) by repealing the definitions "school building" and "school division"; and

(b) by replacing the definition "school site" with the following:

"school site" means a school site as defined under The Education Act. (« emplacement scolaire »)

46(3)

Subsection 12.13(4) is amended by striking out "the applicable municipality, school division or school district in which the land is located" and substituting "the applicable municipality or the provincial education authority".

46(4)

Clause 44(1)(a.1) is replaced with the following:

(a.1) consult with the board of the provincial education authority on the following matters:

(i) the current and anticipated needs of the authority for new or expanded schools,

(ii) the amount, suitability and location of land required for school sites necessary to accommodate those new or expanded schools; and

46(5)

Subsection 44(1.1) is amended

(a) in the section heading, by striking out "with school boards";

(b) in the part before clause (a), by striking out "a school board" and substituting "the board of the authority";

(c) by replacing clause (b) with the following:

(b) when new or expanded schools and school sites are expected to be required by the provincial education authority; and

(d) in the part of clause (c) before subclause (i), by striking out "school buildings" and substituting "schools".

46(6)

Clause 59(3)(a.1) is amended by striking out "a school board" and substituting "the provincial education authority".

46(7)

Subsection 73.1(1) is amended by striking out "The Municipal Councils and School Boards Elections Act" and substituting "The Municipal Councils Elections Act".

46(8)

Subsection 136(1) is amended by striking out "a school board or school district" and substituting "the provincial education authority".

46(9)

Subsection 137.2(1) is amended by striking out "school building" and substituting "public school".

46(10)

Subsection 137.2(2) is amended by striking out "a school division or school district has issued tenders for the construction of a school building" and substituting "the provincial education authority has issued tenders for the construction of a school".

46(11)

Subsection 141(1) is amended

(a) by replacing clause (a) with the following:

(a) money that the provincial education authority receives from the sale or lease of land that was dedicated under section 135, item 6(c), if the authority determines that the land is not required for school purposes;

(b) in clause (b), by striking out "a school division or school district" and substituting "the provincial education authority".

46(12)

Subsection 141(3) is amended by striking out "a school board" and substituting "the provincial education authority".

C.C.S.M. c. P137 amended

47

The definition "private vocational institution" in section 1 of The Private Vocational Institutions Act is amended

(a) in clause (b), by striking out "The Education Administration Act or The Public Schools Act" and substituting "The Education Act"; and

(b) in clause (c), by striking out "as defined in The Education Administration Act" and substituting "under The Education Act".

C.C.S.M. c. P143 amended

48

Subsection 16.1(1) of The Property Tax and Insulation Assistance Act is amended in the definition "school tax" by striking out "section 188 of The Public Schools Act" and substituting "section 212 of The Education Act".

C.C.S.M. c. P143.5 amended

49

Section 1.1 of The Protecting and Supporting Children (Information Sharing) Act is amended

(a) in the definition "service provider", by replacing clause (d) with the following:

(d) the provincial education authority, the francophone school division or an independent school under The Education Act;

(b) in clause (c) of the definition "supported child", by striking out "The Public Schools Act" and substituting "The Education Act".

C.C.S.M. c. P190 amended

50

Subsection 11(2) of The Psychologists Registration Act is amended by striking out "or the board of a school district or division" and substituting "the provincial education authority, the francophone school division".

C.C.S.M. c. P217 amended

51(1)

The Public Interest Disclosure (Whistleblower Protection) Act is amended by this section.

51(2)

Section 2 is amended

(a) in the definition "chief executive", by replacing clause (c) with the following:

(c) in relation to the francophone school division, the superintendent of the francophone school division;

(b) in the definition "government body", by replacing clause (e) with the following:

(e) the francophone school division;

(c) by repealing the definition ""school board", "school district" and "school division"".

51(3)

Clause 24(3)(c) is replaced with the following:

(c) in the case of the francophone school division, to the chair of the school board of the francophone school division;

51(4)

Clause 25(2)(c) is replaced with the following:

(c) in the case of the francophone school division, the chair of the school board of the francophone school division;

C.C.S.M. c. P230 amended

52

Section 15 of The Public Officers Act is amended by striking out ", municipality or school district" and substituting "or municipality".

C.C.S.M. c. P264 amended

53

Section 1 of The Public Sector Executive Compensation Act is amended in the definition "public sector employer" by replacing clause (e) with the following:

(e) the francophone school division;

C.C.S.M. c. P265 amended

54

The Schedule to The Public Sector Compensation Disclosure Act is amended by replacing clause (f) with the following:

(f) the francophone school division,

C.C.S.M. c. P280 amended

55

Subsection 59(2) of The Public Utilities Board Act is amended by striking out ", school district, school area, secondary school area, or school division," and substituting "or the francophone school division".

C.C.S.M. c. R30 amended

56(1)

The Real Property Act is amended by this section.

56(2)

Subsection 45(1) is amended

(a) in the part before clause (a), by striking out "or of the school district in unorganized territory"; and

(b) in clause (a), by striking out "or the collector of the school district".

56(3)

Subsection 149(4) is amended by striking out "a municipality, a local government district, or a school district in unorganized territory," and substituting "a municipality or a local government district".

56(4)

Subsection 149(5) is amended

(a) by striking out, "the municipality, local government district, or school district," and substituting "the municipality or local government district"; and

(b) by striking out "a municipality, a local government district, or a school district," and substituting "a municipality or local government district".

C.C.S.M. c. R31 amended

57

Clause 4(b) of The Red River College Act is amended by striking out "a school division or school district" and substituting "the provincial education authority or the francophone school division".

C.C.S.M. c. R65 amended

58

The definition "educational institution" in section 1 of The Regulatory Accountability Act is amended by adding "and the provincial education authority" at the end.

C.C.S.M. c. S207 amended

59

Subsection 8(3) of The Statutes and Regulations Act is amended in clause (a) of the definition "local authority" by striking out everything after "municipality," and substituting "planning district established under The Planning Act or the board of the francophone school division;".

C.C.S.M. c. S211 amended

60

Clause 3(2)(b) of The Student Aid Act is amended by striking out "The Education Administration Act,".

C.C.S.M. c. T20 amended

61(1)

The Teachers' Pensions Act is amended by this section.

61(2)

Subsection 1(1) is amended

(a) in the definition "association", by adding ", as continued as The Manitoba School Benefits Administration Corporation" at the end;

(b) by replacing the definition "school district" with the following:

"school district" includes

(a) the provincial education authority,

(b) the francophone school division, and

(c) where applicable, a school district or school division, and the governing board of a regional vocational school, established under The Public Schools Act, R.S.M. 1987, c. P250; (« district scolaire »)

(c) in the definition "teacher",

(i) in clauses (a) and (b), by striking out "The Public Schools Act" and substituting "The Education Act", and

(ii) by adding the following after clause (e):

(e.1) employed by the provincial education authority as a director of education, or

(d) in the definition "teaching day", by striking out everything after "expression in" and substituting "The Education Act;".

61(3)

Section 3 is amended

(a) by replacing subclause (c)(iii) with the following:

(iii) has been a member of or employed under The Public Schools Finance Board or The Universities Grants Commission; or

(b) in clause (e), by striking "the board of trustees of".

61(4)

Subsection 21(2) is amended

(a) in clause (a), by striking out "board of trustees of the"; and

(b) in clause (b), by striking out "the board of trustees of".

61(5)

Clause 64(1)(b) is replaced with the following:

(b) a school district in Manitoba; or

61(6)

Clause 73(b) is replaced with the following:

(b) requiring school districts to make returns as to teachers employed by them;

C.C.S.M. c. T30 amended

62(1)

The Manitoba Teachers' Society Act is amended by this section.

62(2)

Section 1 is amended

(a) by repealing the definition ""public school", "school district" and "school division"";

(b) by adding the following definition:

"public school" and "provincial education authority" have the same meaning as in The Education Act and, for certainty, includes the francophone school division. (« Autorité provinciale de l'éducation » et « école publique »)

(c) by replacing the definitions "department" and "teacher" with the following:

"department" means the department of the minister responsible for the administration of The Education Act. (« ministère »)

"teacher" means a teacher as defined in The Education Act and includes a person certified as a clinician under that Act. (« enseignant »)

62(3)

Clause 10(2)(d) is amended by striking out "The Public Schools Act" and substituting "The Education Act".

62(4)

Section 11 is amended by striking out "A school division, school district" and substituting "The provincial education authority".

62(5)

Section 15 is amended by striking out "The Education Administration Act" and substituting "The Education Act".

62(6)

Subsection 17(5) is amended

(a) in clause (c), by striking out "Manitoba School Boards Association" and substituting "Manitoba School Benefits Administration Corporation"; and

(b) in clause (d), by striking out "a school division or school district" and substituting "the provincial education authority".

C.C.S.M. c. T130 amended

63(1)

The Manitoba Institute of Trades and Technology Act is amended by this section.

63(2)

Subsection 3(3) is replaced with the following:

Application re operating high school

3(3)

Subject to the regulations, in providing high school courses,

(a) the Institute is deemed to be operating a public school within the meaning of The Education Act; and

(b) the premises from which the Institute provides high school courses are considered to be a school site within the meaning of that Act.

Obligations

3(3.1)

The Institute must

(a) operate the school in accordance with The Education Act; and

(b) designate a person to act as the principal of the school and ensure that the principal complies with the requirements under The Education Act.

Agreements

3(3.2)

The Institute and the provincial education authority may enter into any agreement necessary to ensure that students participate in provincial assessments and are awarded credits and receive statements of standing, graduation diplomas and certificates of completion in respect of high school courses completed at the Institute.

63(3)

Section 18 is amended

(a) in clause (b), by striking out "The Public Schools Act and The Education Administration Act" and substituting "The Education Act"; and

(b) in clause (c), by striking out "and its board to be a school board".

C.C.S.M. c. T147 amended

64

Section 27 of The Transportation Infrastructure Act is repealed.

C.C.S.M. c. U10 amended

65

Section 1 of The Unconditional Grants Act is amended in the definition "organized local area" by striking out everything after "The Local Government Districts Act".

C.C.S.M. c. W70 amended

66

Section 1 of The Water Resources Administration Act is amended in the definition "local authority" by striking out ", a board of trustees of a school district in unorganized territory,".

C.C.S.M. c. W200 amended

67

Clause 1(11)(c) of The Workers Compensation Act is replaced with the following:

(c) the school board of the francophone school division;

S.M. 1989-90, c. 83 amended

68(1)

The Thompson Charter is amended by this section.

68(2)

Section 2 is amended in the definition "school district" by adding ", as the school district existed immediately before the coming into force of section 1 of The Public Schools Amendment Act as enacted by Schedule C of The Education Modernization Act" at the end.

68(3)

Section 4 is repealed.

S.M. 2002, c. 39 amended

69(1)

The City of Winnipeg Charter is amended by this section.

69(2)

Section 1 is amended

(a) by repealing the definitions "school building" and "school division";

(b) by replacing the definition "school site" with the following:

"school site" means a school site as defined under The Education Act; (« emplacement scolaire »)

(c) in the definitions "senior election official" and "voter", by striking out "The Municipal Councils and School Boards Elections Act" and substituting "The Municipal Councils Elections Act".

69(3)

Clauses 36(c) and 112(3)(b) are amended by striking out "The Municipal Councils and School Boards Elections Act" and substituting "The Municipal Councils Elections Act".

69(4)

Clause 163(1)(c) is replaced with the following:

(c) motor vehicles operated by the provincial education authority, the francophone school division, or an independent school as defined in The Education Act;

69(5)

Subsection 226(3.1) is replaced with the following:

Consultations re schools

226(3.1)

As part of a review of Plan Winnipeg, council must consult with the board of the provincial education authority on the following matters:

(a) the current and anticipated needs of the authority for new or expanded schools;

(b) the amount, suitability and location of land required for school sites necessary to accommodate those new or expanded schools.

69(6)

Subsection 226(3.2) is amended

(a) in the section heading, by striking out "school boards" and substituting "provincial authority";

(b) in the part before clause (a), by striking out "a school board" and substituting "the board of the provincial authority";

(c) by replacing clause (b) with the following:

(b) when new or expanded schools and school sites are expected to be required by the provincial education authority; and

(d) in the part of clause (c) before subclause (i), by striking out "school buildings" and substituting "schools".

69(7)

Subsection 259.2(1) is amended

(a) in the section heading, by striking out "school buildings" and substituting "public school"; and

(b) by striking out "school building" and substituting "public school".

69(8)

Subsection 259.2(2) is amended by striking out "a school division has issued tenders for the construction of a school building" and substituting "the provincial education authority has issued tenders for the construction of a school".

69(9)

Subclause 289(3)(a)(v) is amended by striking out ", school board or school district in Manitoba".

69(10)

Clause 317(c) is amended by striking out "The Education Administration Act" and substituting "The Education Act".

S.M. 2018, c. 28, unproclaimed provision repealed

70

The centred heading before section 19 and section 19 of The Government Notices Modernization Act (Various Acts Amended), S.M. 2018, c. 8, are repealed.

S.M. 2019, c. 10, unproclaimed provision amended

71

Clause 2(c) of The Private Vocational Institutions Act, as enacted by S.M. 2019, c. 10, is amended by striking out everything after "independent school" and substituting "under The Education Act;".

Coming into force

72

This Act comes into force on a day to be fixed by proclamation.


SCHEDULE C

THE PUBLIC SCHOOLS AMENDMENT ACT

C.C.S.M. c. P250 amended

1

The Public Schools Act is amended by this Act.

2

The definition "review commission" in subsection 1(1) is repealed.

3(1)

Subsection 2(1) is amended

(a) in the section heading of the English version, by striking out "authorized" and substituting "established";

(b) in clauses (a) and (b), by striking out "or a remote school district"; and

(c) in clause (c), by striking out "or remote school district".

3(2)

Subsection 2(2) is amended

(a) by replacing clause (a) with the following:

(a) when a school district is established or a territory is declared to be a school district, specify its establishment;

(b) by repealing clause (b).

4

Subsection 4.1(2) is replaced with the following:

Non-application

4.1(2)

Section 5 and subsections 9(3) to (10) do not apply to a regulation made under subsection (1).

5

Section 5 is amended

(a) in the section heading, by striking out "or amalgamation"; and

(b) by adding "or" at the end of clause (b), striking out "or" at the end of clause (c) and repealing clause (d).

6(1)

Subsection 7(1) is amended, in the part before clause (a), by striking out "subsections (2) and (3)" and substituting "subsection (3)".

6(2)

Subsection 7(2) is repealed.

6(3)

Subsection 7(3) is amended by striking out "or remote school district".

6(4)

Subsections 7(4) to (8) are repealed.

7(1)

Subsection 9(4) is amended

(a) in the part before clause (a), by striking out "send by mail" and substituting "give notice in writing";

(b) in clause (b) of the English version, by striking out "school division or school or school district" and substituting "school division or school district"; and

(c) in the part after clause (e) of the English version,

(i) by striking out "a written notice giving" and substituting "and that notice shall set out", and

(ii) by striking out "and stating" and substituting "and state".

7(2)

Subsection 9(6) is replaced with the following:

Award of the board

9(6)

After hearing a matter referred to it under clauses 5(a) to (c), the board of reference must determine if the request should be granted in whole or in part, or be rejected.

7(3)

Subsection 9(6.2) is repealed.

7(4)

Subsection 9(7.1) is amended by striking out "clauses (6)(b), (6.1)(a) and 6.2(a) to (e)" and substituting "clause (6.1)(a)".

7(5)

Subsection 9(8.1) is amended by striking out "or" at the end of clause (a) and repealing clause (b).

7(6)

Subsections 9(11) and (12) are repealed.

8

Section 9.1 is amended by striking out ", remote school district, northern school division".

9

Section 10 is amended by striking out "purposes of section 11 and 12," and substituting "purpose of section 11,".

10

Section 12 and subsection 12.2(2) are repealed.

11

Section 21.3 is amended

(a) by replacing clause (b) with the following:

(b) subsections 7(1) and (3);

(b) in clause (c), by striking out "to (12)" and substituting "to (10)".

12

Subsection 24(3) is repealed.

13

The definition "teacher" in subsection 97(1) is amended by striking out everything after "It includes" and substituting "a person certified as a clinician. It does not include a superintendent, assistant superintendent, deputy superintendent, principal or vice-principal".

14

Subsection 98(2) is replaced with the following:

Appropriateness of unit

98(2)

A principal or vice-principal is considered to be employed in a managerial capacity in respect of teachers, and a unit is not appropriate for collective bargaining if it includes a principal or vice-principal with teachers.

15

Section 100 is renumbered as subsection 100(1) and the following is added after subsection 100(1):

Labour Board to inquire

100(2)

On the initiation of arbitration proceedings by a party, the Labour Board must inquire into the negotiations between the parties and determine if the initiating party has bargained in good faith with respect to those matters in dispute between the parties.

Discretion of board

100(3)

As an exception, the Labour Board may delay making its determination under subsection (2) until it is satisfied that the initiating party has bargained sufficiently and seriously with respect to those provisions of the collective agreement that are in dispute between the parties.

Notice and effect of determination

100(4)

On completing its inquiry, the Labour Board must give the parties notice of its determination, being either of the following:

(a) the initiating party has bargained in good faith and, as a result, the arbitration is to proceed in accordance with this Division;

(b) the initiating party has not bargained in good faith and, as a result,

(i) no arbitrator or arbitration board is to be appointed to decide the collective bargaining matters in dispute between the parties, and

(ii) the appointment of any such arbitrator or arbitration board made before the Labour Board's notice was given is immediately revoked.

Subsequent proceedings

100(5)

If the Labour Board determines that the initiating party has not bargained in good faith, the initiating party may initiate arbitration proceedings again, and subsections (2) to (4) apply in respect of those proceedings.

Definitions

100(6)

The following definitions apply in this section.

"initiating party" means the party that initiated arbitration proceedings. (« partie requérante »)

"Labour Board" means The Manitoba Labour Board as defined in The Labour Relations Act. (« Commission du travail »)

16

Subsections 186(3) and (4) are replaced with the following:

Apportionment for amalgamated divisions

186(3)

A school division that is formed or continued as a result of two or more school divisions being amalgamated on or after the day this subsection comes into force must, after receiving notice under subsection (1),

(a) estimate the amount of revenue that will be required to be raised by a special levy on the total school assessment of the amalgamated division; and

(b) apportion the revenue to be raised by each municipality within the amalgamated division consistent with the levying of mill rates in differing amounts according to the boundaries of the original school divisions that amalgamated to form the amalgamated division.

Differential mill rates to be maintained in amalgamated divisions

186(3.1)

The apportionment of revenue under clause (3)(b) must be consistent with the levying of differential mill rates that reflect the differing mill rates for the original divisions in the calendar year of the amalgamation.

Ten-year limit for differential mill rates

186(4)

An amalgamated school division must apportion revenue consistent with the levying of differential mill rates for the 10 calendar years commencing on January 1 after the date of amalgamation.

TRANSITIONAL PROVISIONS

Principals and vice-principals

17(1)

This section applies to a person who is a principal or vice-principal employed by a school division or school district on the day this section comes into force.

Election to continue as teacher

17(2)

On or before April 30 after the day this section comes into force, a principal or vice-principal may elect in writing to resign their position as principal or vice-principal and to continue their employment with their school division or school district as a teacher.

Effective date of election

17(3)

An election takes effect on July 1 of the year the election is made or on such earlier date as the school division or school district and the principal or vice-principal may agree.

Seniority protected

17(4)

The seniority of a principal or vice-principal who elected to continue as a teacher is to be determined as if the principal or vice-principal had been employed as a teacher when they were employed as a principal or vice-principal.

Principals and vice-principals must be accommodated

17(5)

If a principal or vice-principal elects to continue as a teacher, any provision in the collective agreement for the unit of teachers in which the principal or vice-principal is to become a member is inoperative to the extent that the provision prohibits the principal or vice-principal from assuming a position in the bargaining unit.

Coming into force — royal assent

18(1)

Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

18(2)

Sections 13, 14, 15 and 17 come into force on a day to be fixed by proclamation.

Explanatory Note

This Bill changes the way the education system is governed and delivered in Manitoba. A new Act is enacted and several Acts are amended or repealed.

Schedule A — The Education Act

The Education Act establishes a new governance and delivery model for elementary and high school education. This new Act replaces The Public Schools Act, The Education Administration Act and The Community Schools Act.

The following provides an overview of the new Act.

Part 1 — Introductory Provisions

The new governance model for the education system is

  • the minister and the department of education,
  • the board of the provincial education authority (a government agency), and
  • the francophone school board (an elected board of trustees).

Local participation in the public education system is provided through

  • parent representation on the board of the provincial education authority and the provincial advisory council on education,
  • the school community council in each school, and
  • the school committees in the francophone school division.

Parents may choose the type of education for their child, namely,

  • a public school education,
  • an independent school education, or
  • a home school arrangement.

Parents and students are encouraged to be active partners in the student's education. Other partners in education are the provincial education authority's directors of education, the parental engagement officers who liaise with the school community councils, and the principal and teachers in each school.

Part 2 — Access to Education

  • An individual has the right to attend public school in the area where they live from the age of five until they complete the requirements for high school graduation or turn 21 years of age, whichever comes first.
  • A child must now attend school from the age of 6 to 17.
  • A parent must ensure that their child attends school regularly.
  • The education program provided by the provincial education authority now begins at kindergarten and ends at Grade 12.
  • The manner of determining where a child lives for the purpose of attending public school is set out in the Act.
  • The province is divided into regional catchment areas to facilitate administering the public education system by geographic area. The boundaries of each regional catchment area are established by regulation made by the Lieutenant Governor in Council.

Part 3 — Minister and Department

The minister performs a number of functions through the minister's department.

With respect to education system leadership and oversight, the minister must

  • establish provincial objectives and priorities for the education system,
  • enter into an accountability agreement with the provincial education authority, and
  • assess the effectiveness of education programs and student achievement of learning outcomes.

In addition, the minister may

  • determine which educational services are provided by the department and which are provided by the provincial education authority,
  • issue directives to the provincial education authority regarding educational matters, and
  • make regulations about delivery standards and reporting requirements, including reporting on financial matters and balanced scorecards.

With respect to education programs and courses, the minister continues to

  • establish official school programs, approve courses of study and set learning outcomes,
  • set instructional time for courses and authorize learning and teaching resources, and
  • provide for specific types of schools, such as schools for technical and vocational skills or remote learning.

With respect to educators, the minister continues to

  • approve teacher education programs,
  • issue teachers' certificates and retains the ability to suspend and cancel those certificates,
  • certify clinicians, and
  • grant limited teaching permits.

With respect to administration, the minister continues to

  • assign Manitoba education numbers for students,
  • share information for educational administrative purposes, and
  • enter into copyright agreements.

The minister's ability to require and request records is clarified.

The minister's power to appoint a commission of inquiry on education matters is continued. The minister may now appoint an advisory committee for a specific purpose.

The minister continues to be able to provide for instruction in public institutions, such as hospitals, and permit post-secondary institutions to offer high school courses.

The minister may make regulations about

  • appropriate educational programming and alternative programming,
  • student conduct (including discipline, suspension and expulsion),
  • duties for principals and teachers,
  • teacher certification and qualifications and standards for professional competency, and
  • clinician certification and qualifications.

Part 4 — Provincial Education Authority

The provincial education authority is incorporated as a government agency. Under the direction of the minister, the provincial education authority provides for the education of students across Manitoba and for common administrative and operational services to support schools.

The Lieutenant Governor in Council appoints between 6 and 11 people to serve on the provincial education authority's board.

  • A minority (but at least two) of the authority board members must be selected from parents of current public school students, who serve on the provincial advisory council on education.
  • The authority board must appoint a chief executive officer, subject to the minister's approval.

The authority board must

  • determine the number and type of schools in each regional catchment area and the official school programs and courses of study offered at each school, and
  • make school policies about educational matters, which may differ between regional catchment areas and between schools.

The authority board may establish or arrange for

  • early learning programs,
  • technical or vocational instruction,
  • summer or evening schools, and
  • instruction at adult learning centres.

The authority board is responsible for the decision to expel a student. The provincial education authority is responsible for the decision to suspend a student.

The provincial education authority must

  • provide educational programming from kindegarten to grade 12, including appropriate educational programming,
  • report annually on the assessment results of the education programs and student achievement of learning outcomes,
  • ensure schools prepare annual school plans for strategic priorities and goals, and
  • make financial information available to the public.

The provincial education authority may exercise other administrative powers, including purchasing textbooks and other instructional materials and information technology for student use and providing access to student files. Fees for programs and courses may be charged by the provincial education authority only if permitted under the Act.

The authority board must appoint a director of education for the schools in each regional catchment area.

  • The director of education must work with the schools and school community councils in the assigned regional catchment area to
    • implement the provincial objectives and priorities at the schools,
    • implement the processes for monitoring and evaluating program effectiveness and student achievement of learning outcomes,
    • support the development of the school plan and the school community council's participation in the budget consultation process,
    • respond to the matters that arise in the quarterly meeting with the provincial advisory council representative for the regional catchment area, and
    • support the development of policies specific to the needs of the schools.
  • The director of education must also supervise the provision of common administrative and operational services at the schools in the area.

Part 5 — Local Participation in Public Education System Governance

The Provincial Advisory Council on Education is established

  • to advise and make recommendations to the minister about public education matters, and
  • to advise the provincial education authority at the request of the minister or the authority.

The minister may establish terms of reference for the advisory council.

The members of the advisory council are

  • for each regional catchment area, a representative elected from among the members of the executives of the school community councils in the area, and
  • one representative trustee from the francophone school board.

At least four times a year, each member representative must meet with the assigned director of education for the schools in their regional catchment area to discuss school matters. The representative may

  • recommend the need for performance evaluations of provincial education authority employees,
  • recommend the hiring of principals, teachers and staff in schools in the catchment area,
  • review and recommend priority capital construction projects for schools in the catchment area,
  • review and recommend priorities and policies for schools in the catchment area,
  • make recommendations about student transportation in the catchment area, and
  • make recommendations about the use of suspensions and expulsions as disciplinary tools by schools in the catchment area.

Each year, the director of education must report about the implementation of the representative's recommendations and explain why any recommendations have not been implemented.

A school community council is established for each school.

Every parent of a student at the school is a member of the school community council and may vote for the council executive.

The role of the school community council is to advise the school principal about school matters.

The school community council may

  • review and recommend ways in which the school can meet the needs of the community it serves,
  • assist the school in assessing program effectiveness,
  • analyse student achievement of learning outcomes and determine how and by when those outcomes are to be improved,
  • recommend the need for performance evaluations of the provincial education authority employees,
  • recommend the hiring of teachers and staff at the school,
  • review and recommend priority capital construction projects for the school,
  • review and recommend priorities and policies for the school,
  • make recommendations about student transportation, and
  • make recommendations about the use of suspensions and expulsions as disciplinary tools at the school.

Every school must have a parental engagement officer whose role is to liaise with the school community council. The parental engagement officer and the school principal and teacher representative may attend council meetings but are not entitled to vote.

The rights of a parent of a student are continued, including the right

  • to be regularly informed about their child's attendance, behaviour and academic achievement,
  • to consult with their child's teacher about their child's progress,
  • to know about discipline and behaviour management policies at the school, and
  • to accompany their child to an expulsion hearing before the board.

Part 6 — Principals and Teachers

Each school has a principal designated by the provincial education authority.

  • The principal must be a certified teacher and is the educational leader of the school who manages the school and supervises the staff, including teachers.
  • The duties of the principal include
    • assessing and promoting students, and
    • preparing the annual school plan in consultation with the school community council.

The provincial education authority must employ teachers for each school in a regional catchment area.

  • Teachers must be certified or hold a limited teaching permit and are responsible for providing competent instruction and fostering a positive learning environment to help students achieve learning outcomes.
  • The duties of the teacher include
    • monitoring effectiveness of teaching strategies,
    • communicating regularly with parents of students, and
    • regularly reviewing learning expectations and progress with students and preparing report cards.

The use of written employment agreements is continued. The provincial education authority is now the employer of all public school teachers in Manitoba (other than teachers employed by the francophone school division).

  • The process for terminating a teacher's employment agreement is continued.
  • The Certificate Review Committee, which hears suspension reviews, is continued. Its composition is changed to include two nominees of the provincial education authority, one of whom must be a director of education, and a member of the executive of a school community council.

Part 7 — Public Schools

Currently, The Public Schools Act requires policies and procedures on various matters. The following are carried forward into the new Act and updated to reflect the new governance structure:

  • school of choice,
  • attendance reporting,
  • languages of instruction,
  • patriotic observances,
  • religious instruction and exercises,
  • the school code of conduct, including unacceptable conduct such as cyberbullying,
  • the school emergency response plan,
  • school lunches,
  • artificial trans fat food ban,
  • medical and dental assessments in schools, and
  • policies dealing with
    • respect for human diversity,
    • student promotion,
    • appropriate use of the Internet and other technology,
    • community use of schools,
    • food and nutrition, and
    • anaphylaxis.

In addition,

  • the community schools program currently established by The Community Schools Act is continued under the new Act,
  • the provincial education authority must provide transportation in accordance with the rules established by regulation, and
  • the authority board must implement policies about
    • potentially sensitive content in physical education and health instructional materials, and
    • discipline and behaviour management in schools, including the use of seclusion and physical restraint and suspension and expulsion.

Part 8 — Financial Administration and Property

This Part deals with the provincial education authority's powers related to financial administration and real and personal property.

  • The authority board must prepare separate estimates of expenditure and revenue for the schools in each regional catchment area. Before approving the budget, the authority board must present those estimates at an open meeting in each regional catchment area and hear from the school community councils and other presenters.
  • The budget must be submitted to the minister for approval or amendment on or before March 31.
  • In addition, the authority board continues to
    • provide in-year spending reports and financial statements to the minister,
    • appoint an independent auditor,
    • report on any accumulated deficit and plans for its elimination, and
    • borrow money on a short-term and long-term basis, subject to statutory restrictions.
  • The provincial education authority can spend money and buy and sell property only in accordance with the Act. The requirement for ministerial approval to acquire and dispose of real property, including school sites, is continued.
  • The requirement for pedestrian safety to be part of the school design process is continued.
  • The provincial education authority may close a school only if one of the criteria set out in the Act is met.
    • The authority board must establish a written policy for the school closure process, which must include notice to parents and community residents and a public consultation process.
    • The minister may make regulations about the school closure process policy.
  • The following are continued and imposed on the provincial education authority:
    • the obligation to establish a pension plan for employees other than teachers, and
    • the ability to enter into cost-sharing agreements to improve Internet connectivity.

Part 9 — Funding

  • The public education system continues to be funded through capital and operational support programs, which are administered by the minister.
  • The provincial education authority determines the amount to be raised by special levy after it is informed by the minister of the amount of support that will be provided for the year.
    • In apportioning the amount, the resulting mill rates are to reflect the differing mill rates that were imposed by the municipalities in respect of the former school divisions under The Public Schools Act.
    • These deferential mill rates must continue for 10 years.
  • The education support levy is continued.
  • The process for funding the francophone school division is unchanged.

Part 10 — Teacher Collective Bargaining

Centralized collective bargaining applies to teachers employed in the public education system (other than teachers employed by the francophone school division).

  • An employers organization consisting of the provincial education authority and the Manitoba Institute of Trades and Technology is established, and the provincial education authority is appointed as the employer bargaining representative to act for the organization.
  • A teachers' bargaining agent — The Manitoba Teachers' Society, unless another union is certified to represent teachers — is given exclusive jurisdiction to act as the bargaining agent for teachers.
  • The employers organization and the teachers' bargaining agent are the parties to the collective agreement that binds the employers and their teachers.
  • Principals and vice-principals are not to be included in bargaining units consisting of teachers.
  • School divisions and teachers must bargain seriously and sufficiently and in good faith before requesting that outstanding matters be resolved by arbitration.
  • When making an award, arbitrators are required to take into account the ability of an employer to pay in light of its fiscal situation and the economic situation in Manitoba.
  • Strikes and lockouts continue to be prohibited.

Part 11 — Francophone School Division

The French names of the francophone school board and the francophone school division are changed to "commission scolaire francophone and "division scolaire francophone".

The francophone school board remains an elected board of trustees.

The legislative framework for the francophone school board and francophone school division currently in The Public Schools Act is continued and amended as follows.

  • The list of provisions of the Act that do not apply to the francophone school division is updated as a consequence of the new governance and delivery structure.
  • References in the current provisions to school divisions and school boards (other than the francophone school division and the francophone school board) are changed to the provincial education authority and its board.
  • Current provisions related to elected boards of trustees and the board of reference are changed to refer only to francophone school board trustees and the francophone school division.

Part 12 — Independent Schools and Home School Arrangements

This Part deals with obligations and requirements for independent schools and home school arrangements.

  • A person or organization that provides educational programming in a structured learning environment outside of the public school system and meets the criteria set out in the Act must be registered as an independent school. The minister may revoke the school's registration for failure to comply with this Act.
  • An independent school continues to be required to offer approved courses that meet provincially-set learning outcomes in order to receive public funding. The independent school must satisfy additional requirements set out in the Act.
  • An independent school continues to be able to enter into an agreement for the use of the facilities, resources and transportation of the public education system. The party to the agreement is now the provincial education authority.
  • The minister may inquire into teacher qualifications and education standards at an independent school at the minister's initiative or the school's request. An inspection schedule for independent schools may now be established by the minister.

A parent may choose a home school arrangement, which is limited only to family members at the home.

  • The parent continues to be obligated to provide an education equivalent to that provided by the public education system and must now provide the minister with an education program outline and grade level for each student.
  • Ministerial regulations may set out requirements for notification, supervision and educational programming under a home school arrangement.
  • A child fails to attend school as required by the Act if the independent school is not registered or the parent fails to notify the minister about the child's home school arrangement.

Part 13 — General Matters

  • A student who is 18 years of age or older may exercise the rights and responsibilities of parents in respect of the student's education.
  • The failure of a parent to send their child to school without lawful excuse continues to be an offence.
  • The requirement for a parent to pay school taxes even if their child attends a school outside their regional catchment area or an independent school or under a home school arrangement is clarified.
  • The following prohibitions are continued:
    • employment of children during school hours,
    • attendance of a student who is the subject of a public health order barring attendance,
    • disturbances on school sites.
  • The following are continued:
    • the ability to conduct a census of students,
    • an employee's rights as they relate to elections,
    • liability protection.
  • The penalty amount for a contravention of the Act (that is not otherwise specified) is updated to $1,000.

Part 14 — Education System Transition

This Part provides for the effective and efficient transition of the education system under The Public Schools Act to the education system under The Education Act.

The minister may

  • obtain information from current school boards, school divisions and school districts to facilitate the transition to the new system, and
  • issue directives to them for transition planning purposes.

The provincial education authority is established and a transition board appointed.

  • The mandate of the authority is to act at the direction of the minister to facilitate the transition.
  • Directors of education may be appointed to aid in transition planning and preparation.
  • A member of the transition board must be selected to serve on the board of the Manitoba School Boards Association during the transition period.
  • Related amendments are made to The Manitoba School Boards Association Act to require the provincial education authority to be a member of the association. The MSBA executive must include a member of the transition board.

Part 14 is repealed on the day Part 4 comes into force.

Part 15 — Transitional Provisions and Related Amendments

When Part 4 (Provincial Education Authority) comes into force,

  • every school board (other than the francophone school board) and school district is dissolved and their trustees cease to hold office,
  • all the rights, property and obligations of the school boards and school districts are transferred to the provincial education authority,
  • the francophone school division is continued,
  • the following entities are dissolved:
    • local school committees,
    • area advisory committees,
    • the Frontier College Institute Advisory Committee,
    • the deputy ministers' committee on community schools and the community schools advisory committee under The Community Schools Act,
    • the Advisory Board established under The Education Administration Act,
  • related amendments are made to The Manitoba School Boards Association Act to
    • change its structure from an association of elected trustees to a government agency under the name "Manitoba School Benefits Administration Corporation",
    • provide for the Lieutenant Governor in Council to appoint between 3 and 5 board members, one of whom must also be a board member of the provincial education authority, and
    • amend its objects to remove the advocacy function and to explicitly provide for the operation of a pension plan and group insurance and benefit plans for non-teacher employees of the provincial education authority.

The Public Schools Act, The Education Administration Act and The Community Schools Act and their regulations are repealed.

Schedule B — The Statute Law Amendment Act (Education Modernization)

As a result of the new Education Act, consequential amendments are made to several statutes, including The Ombudsman Act, The Teachers' Pensions Act, The Manitoba Teachers' Society Act and The Manitoba Institute of Trades and Technology Act.

The Municipal Councils and School Boards Elections Act is renamed. Consequential amendments are made to several other Acts to reflect the new title.

Schedule C — The Public Schools Amendment Act

The Public Schools Act is amended as follows.

  • The process for amalgamating school divisions is streamlined by repealing the requirement to establish a Boundaries Review Commission before amalgamation.
  • Differential mill rates must be maintained within amalgamated divisions for the ten-year period following amalgamation.
  • Principals and vice-principals are removed from bargaining units consisting of teachers.
  • School divisions and teachers must bargain seriously and sufficiently and in good faith before requesting that outstanding matters be resolved by arbitration.

Some amendments come into force when the Bill receives royal assent. Others come into force on proclamation before The Public Schools Act is repealed and replaced by the new Education Act.