C.C.S.M. c. P250
The Public Schools Act
PART III.1 | |
PARENTS AND PUPILS | |
ACCESS TO SCHOOLS AND PROGRAMS | |
58.1 | Definition of "parent" |
58.2 | Program information etc. |
58.3 | Pupil enrolment |
58.4(1) | Enrolment by school |
(2) | Priorities |
58.5 | Regulations |
RIGHTS AND RESPONSIBILITIES OF PARENTS AND PUPILS | |
58.6 | Rights of parents |
58.7 | Responsibilities of parents |
58.8 | Responsibility for damage |
58.9(1) | Right to enrol in programs |
(2) | Rights of pupils |
(3) | Board may meet in camera re expulsion |
58.10 | Responsibilities of pupils |
PART IV | |
AGREEMENTS WITH PRIVATE SCHOOLS | |
59 | Private school |
60(1) | Agreement for transportation |
(2) | Agreement for other services |
(3) | Term of agreement |
(4) | Grants for transportation |
(4.1) | Grants for facilities and resources |
(5) | Grants to private schools |
PART V | |
SCHOOL SITES, BUILDINGS AND OTHER PROPERTY | |
SCHOOL SITES | |
61 | Selection of school site |
62(1) | Purchase and expropriation |
(2) | Finance board's approval required to purchase land |
63 | Payment of encumbrance out of purchase money |
64(1) | Deposit of money with Minister of Finance |
(2) | Filing of receipt of Minister of Finance in L. T. O. |
(3) | Disbursement of moneys paid in |
65(1) | By-law for expropriation |
(2) | Contents of by-law |
(3) | Approval required |
66 | Exemption from certain building restrictions |
67 | Sale of school site or other property |
68 | Disposal of mines and minerals |
BUILDINGS AND OTHER PROPERTY | |
69 | Powers of school board respecting school property |
70 | Purchasing procedures |
71 | Ownership of personal property |
72(1) | Duties of school board respecting custody of school property |
(2) | Repair and rental of buildings |
73 | Use of school properties |
74(1) | Approval to acquire property |
(2) | Regulations |
PART VI | |
CONDUCT OF SCHOOLS | |
75 | Tuition fees |
76 | Regulations respecting school year, vacations and school hours |
77 | Application of regulations |
78(1) | Holidays |
(2) | Where holiday falls on Sunday |
(3) | Teaching on Saturdays |
(4) | Outdoor education and work education |
LANGUAGES OF INSTRUCTION | |
79(1) | English and French as languages of instruction |
(2) | Use of other languages |
(3) | Use of English or French as language of instruction |
(4) | Minister's discretion for fewer pupils |
(4.1) | Francophone school division |
(5) | Language of administration |
(6) | English as subject of instruction |
(7) | Agreements by boards |
(8) | Establishment of Languages of Instruction Advisory Committee |
(9) | Composition of Languages of Instruction Advisory Committee |
(10) | Regulations |
INSTRUCTION IN RELIGION | |
80(1) | Authorization for instruction in religion |
(2) | Petition for instruction in religion |
81 | Hours of instruction in religion |
82 | Non-participation in instruction in religion |
83 | Regulations |
RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES | |
84(1) | Schools to be non-sectarian |
(2) | Conduct of religious exercises |
(3) | Time for religious exercises |
(4) | Attendance not compulsory |
(5) | Religious exercises required |
(6) | Cancellation of religious exercises |
(7) | Effective period of cancellation |
(8) | Petition for religious exercises |
85 | Patriotic observances |
ACCIDENTS | |
86 | Exemption from liability in certain cases |
87 | Defective apparatus |
88 | Exemption from liability for accidents in work education programs |
89 | No action lies arising out of school patrol |
90 | Permitting participation in sports not of itself negligence |
PART VII | |
TEACHERS | |
91(1) | Certified teachers and principals |
(2) | Pupils in care of teacher aides |
92(1) | Teachers' agreements |
(1.1) | Ministerial regulations |
(1.2) | Agreements may have prescribed differences |
(2) | Delivery of agreement to teacher |
(3) | Hearing by school board before dismissal of a teacher |
(4) | Action on termination of agreement |
(5) | Accumulated teaching service |
(6) | Right of teacher to recover salary |
(7) | Penalties for breach of agreements |
92.1 | Access to personnel records |
93(1) | Accumulation of sick leave |
(2) | Maximum sick leave in any year |
(3) | Maximum sick leave |
(4) | Effective sick leave on service |
(5) | Salary during sick leave |
(6) | Payment for sick leave under collective agreement |
(7) | Continuance of prior entitlement |
94 | Certificate of physician |
95(1) | Power of trustees to extend sick leave |
(2) | Sick leave negotiable |
(3) | Labour Relations Act applies |
(4) | Validation of old provisions re sick leave |
(5) | Continuance of sick leave provisions in collective agreements |
96 | Duties of teacher |
PART VIII | |
ARBITRATION OF COLLECTIVE BARGAINING DISPUTES | |
INTRODUCTORY PROVISIONS | |
97(1) | Definitions |
(2) | Words and expressions in Labour Relations Act |
98(1) | Labour Relations Act applies |
(2) | School principals are employees under Labour Relations Act |
99 | Part does not apply to the Crown |
ARBITRATION PROCEEDINGS | |
100 | When arbitration may be initiated |
101 | Terms and conditions of agreement continue in effect |
102(1) | Provision for final settlement of disputes in bargaining |
(2) | When Labour Relations Act applies |
103 | Deemed final settlement provision |
104 | |
ARBITRATION AWARD | |
105(1) | Time limit for award — single arbitrator |
(2) | |
(3) | Content of award |
(4) | Reasons |
(5) | Decision given to the Labour Board and the minister |
106 | Award binding |
107 | Clarification of award |
108 | Collective agreement following award |
109 | Collective agreement binding |
STRIKES AND LOCKOUTS PROHIBITED | |
110(1) | Strike by teachers prohibited |
(2) | Strike authorization by bargaining agent prohibited |
110.1 and 110.2 | |
111 | Lockout by school board prohibited |
112(1) | Penalty for illegal lockout — school board |
(2) | Penalty for illegal lockout — person |
(3) | Penalty for illegal strike — bargaining agent |
(4) | Penalty for illegal strike — officers |
(5) | Continuing offence |
113 to 170 | |
PART IX | |
GRANTS AND LEVIES EDUCATION SUPPORT PROGRAM | |
171 | Definitions |
172 | Application of Part in L.G.D.'s and special localities |
173(1) | Administration of support programs |
(1.1) | Provision of financial support |
(1.2) | Review of operational support program |
(2) | Deduction from financial support |
(3) | Condition of support |
(4) | Finance board not bound by estimate |
(5) | Special reductions in support |
(6) | Content of capital support program |
173.1(1) | Reports, etc. from school divisions |
(2) | Withholding of grants |
174(1) | Authority for disposal of land |
(2) | |
174.1(1) | Definition: "administrative costs" |
(2) | Control of administrative costs |
(3) | Limits may be different |
(4) | Withholding of support |
175(1) | Regulations |
(2) | Regulations by minister |
176 | |
177(1) | |
(2) | Data for finance board |
178(1) | Budget consultations |
(1.1) | Notice of meeting |
(2) | Budget submitted to minister |
179(1) | Review of operational estimates |
(1.1) | Review of capital estimates |
(2) | Referral for reconsideration |
180 | Estimate of finance board requirements |
181(1) | Minister to notify board of contribution from Consolidated Fund |
(2) and (3) | |
182 | Amount to be raised by municipality |
183 | Statement to municipalities |
184 | Council to impose education support levy |
185(1) | Remittance of education support levy |
(2) | Interest charges |
186(1) | Notice to school divisions by minister |
(1.1) | Notice of capital support by finance board |
(1.2) | Notice of assessment by finance board |
(2) | Apportionment of additional revenues |
(3) | Apportionment of additional revenues in amalgamated division by differential mill rates |
(4) | Three year limit for differential mill rates |
(5) | Common mill rate |
(6) | Maximum differential mill rate |
186.1 | |
186.2 | |
187 | Statement to municipalities |
188 | Special levy in municipalities |
189 | Remittance of allowance to school division |
190 | Interest charges |
190.1 | Transfer of special levy to francophone school division |
VARIATION OF APPORTIONMENT | |
191(1) | Appeal of division apportionment |
(2) | Hearing of appeal |
(3) | Discretion of municipal board on appeal |
(4) | Time for appeal |
(5) | Effect of variations by municipal board |
(6) | Correction of calculation by finance board |
192 | |
PART X | |
OTHER FINANCIAL PROVISIONS | |
193 | Regulations |
194 | Regulations |
195 | Payment of grants |
196 | Grants to educational organizations |
196.1(1) | Community schools program |
(2) | Priority for early years schools |
(3) | Grants to community schools |
197 | Special grants |
198 | Authorized closures |
199 | Moneys payable to school divisions a debt of municipality |
200 | Authority for reserves |
201(1) | Definition of "securities" |
(2) | Investing moneys not immediately required |
202 | Disposition of moneys |
203 | |
204 | |
205 | Instruction in public institutions |
206 | School facilities in unorganized territory, etc. |
207 | Minister to have powers of trustees |
208(1) | School must be conducted according to law |
(2) | Waiver of non-compliance |
(3) | Application of subsection (2) |
209 and 210 | |
211 | Children attending another school |
RESPONSIBILITY FOR SCHOOL MONEYS | |
212(1) | Responsibility for default of treasurer |
(2) | Sureties for school moneys |
(3) | Enforcing payment of school moneys |
(4) | Responsibility to individuals |
(5) | Municipal advances for current expenses |
(6) | Guarantee of repayment |
(7) | Limitations on guarantees |
(8) | Borrowing by municipality for deficiency for schools |
(9) | Board approval |
PART XI | |
BORROWING | |
213(1) | Borrowing and issue of securities |
(2) | Approval of borrowing |
(3) | Submission of by-laws |
(4) | Approval of finance board |
(5) | Referral to minister |
(6) | Action of minister |
(6.1) | Vote is a vote on a question |
(7) | Where vote approved |
(8) | Assent of voters not required |
(9) | Registerable debentures |
214 | Sales of securities through finance board |
215 | Provisions as to money by-laws |
216 | Amendment of by-law |
217(1) | Issues of debentures |
(2) | Form of debentures |
(3) | Signature |
(4) | Coupons |
(5) | Debentures issued by official trustee |
218 | Incontestability |
219 | Borrowing money in anticipation of sale of debentures |
220 | Borrowing money for current purposes |
221 | Maximum debt |
222 | By-law for borrowing |
223 | Where a school division under official trustee |
PART XII | |
PROHIBITIONS AND PENALTIES | |
224 | Making false reports an offence |
225 | Personal liability of trustees |
226 | Penalty |
227 | |
228(1) | Field representative not to be trustee |
(2) | Field representative may be official trustee |
229 | Penalty |
230(1) | Acting as agent forbidden |
(2) | Acting as agent forbidden |
231(1) | Selling goods, etc. prohibited without approval |
(2) | Disturbances prohibited |
(3) | Direction to leave school premises |
(4) | Person required to leave |
(5) | Assistance from a peace officer |
(6) | Offence |
(7) | Court order relating to offence |
232(1) | Exclusion of pupils for infectious diseases |
(2) | Action of school board in absence of physician |
233 | Penalty of contravening section 232 |
234 | Penalty for failure to secure proper treatment |
235 | Penalty for failure to have child examined |
236(1) | Prohibition regarding offensive weapons |
(2) | Penalty for offensive weapon |
(3) | Penalty additional |
237 | Penalty for violation of the Act |
238 | Giving false information offence and penalty |
PART XIII | |
SPECIAL PROCEEDINGS | |
ADMINISTRATION OF SCHOOLS IN UNORGANIZED TERRITORY | |
239(1) | Voters list in unorganized territory |
(2) | Preparation of list |
(3) | Continuing use of list |
240 | |
CENSUS | |
241(1) | Census of school children |
(2) | Restriction of taking of census |
(3) | Verification of information |
242 | Information to be given to officers |
COMMISSION OF INQUIRY | |
243(1) | Appointment of commission to hold inquiry |
(2) | Taking of evidence |
(3) | Remuneration |
(4) | Payment of costs |
244(1) | Compelling attendance of witnesses |
(2) | Penalty for default by person summoned |
ARBITRATIONS | |
245(1) | Appointment of arbitrator to decide issues |
(2) | Appointment of secretary |
(3) | Compensation of arbitrator |
(4) | Liability for costs |
246 | Validity of proceedings |
FAILURE TO ACCOUNT | |
247(1) | Application to court for documents, etc. |
(2) | Application to be supported by affidavit |
(3) | Hearing may be held ex parte |
248(1) | Issuing of order by judge |
(2) | Other remedies not affected |
249 | Powers of field representative |
250(1) | Appeal from field representative's finding |
(2) | Time of appeal |
(3) | Grounds of appeal |
(4) | Service of notice |
(5) | Hearing de novo |
(6) | Costs |
251 to 257 | |
PART XIV | |
SCHOOL ATTENDANCE | |
258(1) | Definitions |
(2) | Compulsory school age |
259(1) | Right to attend school |
(2) | Regulations |
260(1) | Responsibility to send child to school |
(2) | Offence |
(3) | Pupils over 16 years of age |
(4) | |
260.1(1) | Notification to the minister |
(2) | When notification to take place |
(3) | Information to be provided to minister |
(4) | Periodic progress reports |
261(1) | |
(2) | Exclusion from school |
262 | Exemption from liability |
263(1) | Employment of children prohibited |
(2) | Offence |
264(1) | Designation of school attendance officers |
(2) | Jurisdiction of school attendance officer |
(3) | School board shall make rules |
265 | Powers of field representative |
266(1) | Teacher to report absence |
(2) | Principal to report absence |
(3) | Private schools to report absence |
267(1) | Right to enter |
(2) | Authority to conduct absent child to school |
268(1) | Notice to parents |
(2) | Manner of giving notice |
(3) | Compliance with notice |
(4) | Bond |
269 | Access to records |
270 | Furnishing of information |
271 | Prosecutions before provincial judge |
272(1) | Effect of minister's certificate |
(2) | Effect of certificate by employee |
273 | Proceedings instituted by school attendance officer |
274 | Appeal |
275 | No quashing of order or conviction for want of form |
276 | Regulations |
277 and 278 | |
279 | Commencement |