2nd Session, 43rd Legislature

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Bill 17

THE PUBLIC SCHOOLS AMENDMENT ACT (NUTRITION EQUALITY FOR LASTING LEARNING OUTCOMES)

(Assented to                                         )

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

C.C.S.M. c. P250 amended

1   The Public Schools Act is amended by this Act.

2   Subsection 1(1) is amended by adding the following definition:

"nutrition program" means a school program that provides meals or snacks or both to pupils each school day; (« programme d'alimentation »)

3   Clause 41(1)(b.3) is amended by replacing the part before subclause (i) with the following:

(b.3) ensure that a written policy is prepared for each school in the school division or school district respecting the provision of a nutrition program and that

4   The following is added after the centred heading "FOOD PROVIDED AT SCHOOLS" and before section 47.2:

School division or district to provide free nutrition program

47.1.3(1)   Every school division and school district must ensure that a nutrition program provided without charge is implemented at each school in the division or district.

Principles

47.1.3(2)   When implementing a nutrition program in a school, regard must be had for the following principles:

Access: A nutrition program should be accessible to pupils without barriers, shame or stigma.

Accommodation: A nutrition program should accommodate pupils with food allergies or religious or cultural dietary restrictions.

Equality: A nutrition program should be provided to all pupils regardless of their socio-economic background or perceived need.

Local: A nutrition program should be tailored to the community in which the school is located and, when possible, use food that is locally sourced.

Quality: A nutrition program should follow government nutritional guidelines.

Publicly available information

47.1.4   The principal of each school must make the nutrition program policy publicly available and provide information about the nutrition program to pupils, parents and guardians at the beginning of each school year.

Annual report — nutrition programs

47.1.5(1)   Not later than October 31 in each year, the minister must prepare a report for the immediately preceding fiscal year that sets out for each school within each school division and school district

(a) the type of nutrition program provided; and

(b) the average number of pupils who participated in the nutrition program each day.

Information from school boards

47.1.5(2)   Each school board must provide to the minister the information set out in subsection (1) within the time and in the form specified by the minister.

Tabling report in the Assembly

47.1.5(3)   The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the report is completed.

Publication of report

47.1.5(4)   The minister must make the report publicly available on a government website as soon as practicable after tabling the report in the Assembly.

Regulations

47.1.6   The minister may make regulations respecting nutrition programs, including regulations respecting the operation of nutrition programs and the type of food to be served as part of nutrition programs.

Definitions

47.1.7(1)   The following definitions apply in this section.

"fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year. (« exercice »)

"minister" means the President of the Executive Council and any member of the Executive Council who is appointed to preside over one or more departments. (« ministre »)

"ministerial salary" means the additional salary otherwise payable to a minister under The Legislative Assembly Act for services as a member of the Executive Council in a fiscal year. (« traitement supplémentaire »)

Ministerial salary reduced if requirements amended or repealed

47.1.7(2)   If the government presents a bill to the Assembly to repeal or reduce the requirements under sections 47.1.3 to 47.1.6 or amend, repeal, override or suspend the operation of this section or both, the following rules apply:

1.Beginning on the first pay period after the bill is distributed in the Assembly, an amount equal to 20% of the ministerial salary is withheld from each minister pending the application of rule 2 or 3, whichever applies.

2.(a) If the bill is enacted, the amount withheld is not returned to the minister.

(b) Subject to clause (c), each minister's salary is reduced by an amount equal to 20% of the ministerial salary for the remainder of the fiscal year.

(c) If the bill is presented and enacted in the same fiscal year, each minister's salary is reduced by an amount equal to 20% of the ministerial salary for the next fiscal year too.

3.If the bill is not enacted, the amount withheld from each minister is payable to the minister without interest.

Withholding and reduction

47.1.7(3)   For certainty, the amount withheld and the salary reduction under this section are in addition to the amount withheld and salary reduction under section 8 of The Fiscal Responsibility and Taxpayer Protection Act.

5(1)   Subsection 47.2(1) is amended

(a) in the part before clause (a),

(i) by striking out "school board" and substituting "school division or school district", and

(ii) by striking out "within its jurisdiction"; and

(b) in the French version,

(i) in clause (b), by striking out "dans l'école", and

(ii) in clause (c), by striking out "qu'elle" and substituting "que l'école".

5(2)   Subclause 47.2(3)(a)(ii) is amended by striking out "food and nutrition" and substituting "nutrition program".

5(3)   Subsections 47.2(3.1) to (3.4) are repealed.

5(4)   Subsection 47.2(4) is amended by repealing the definition "nutrition program".

6   Clauses 48(1)(h) and (h.1) are repealed.

Coming into force

7   This Act comes into force on the day it receives royal assent.