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C.C.S.M. c. P250
The Public Schools Act
| 1(1) | Definitions |
| (2) | Registered common-law relationship |
| PART I | |
| FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS | |
| 2(1) | School districts authorized |
| (2) | Contents of regulation |
| (3) | |
| 3(1) | Incorporation |
| (2) | |
| (3) | Powers of school board |
| (4) | Remote school district |
| (5) | Change of name |
| ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS | |
| 4 | Government of Canada lands |
| 4.1(1) | Regulations respecting continuance |
| (2) | Sections 5, 9(3) to (12) do not apply |
| (3) | |
| 5 | Requests — transfer of land or amalgamation |
| 6 | |
| 7(1) | Alteration of school boundaries by minister |
| (2) | Prerequisite to alteration of boundaries by minister |
| (3) | Confirmation by L.G. in C. |
| (4) | Establishment of review commission |
| (5) | Function and duties of review commission |
| (6) | Suspension of board of reference operations |
| (7) | Remuneration |
| (8) | Powers under The Evidence Act |
| 8(1) | Establishment of board of reference |
| (2) | Term of office |
| (3) | Quorum |
| (4) | Remuneration |
| (5) | Secretary of board of reference |
| 9(1) | Rules of procedure |
| (2) | Powers under Manitoba Evidence Act |
| (3) | Fixing date of hearing |
| (4) | Notices of hearings |
| (5) | Hearing |
| (5.1) | Limitations on board transferring land |
| (6) | Award of the board |
| (6.1) | Content of award — land |
| (6.2) | Content of award — amalgamation |
| (7) | Award is final |
| (7.1) | Award filed as regulation |
| (7.2) and (7.3) | |
| (8) | Board not to make award for specified period |
| (8.1) | Circumstances when restriction does not apply |
| (9) | |
| (10) | Notification of award |
| (11) | Board may require vote |
| (12) | When vote required |
| 9.1 | Use of maps |
| 9.2 | Validation of Manitoba Regulation 109/93 |
| 9.3 | Validation of Manitoba Regulation 61/02 |
| 10 | Meaning of "school corporation" |
| 11 | Transmission, etc. without fee |
| 12(1) | Transfers of rights, etc. on creation of new school divisions |
| (2) | Rights, duties and obligations of new school corporation |
| (3) | Transfer of special moneys to L.G.D. |
| (4) | Disposition of property on school site |
| (5) | Audit of school division or school district |
| IMPLEMENTATION OF SCHOOL DIVISION AND SCHOOL DISTRICT AMALGAMATIONS | |
| 12.1(1) | Definitions |
| (2) | Interpretation |
| 12.2(1) | Subsequent regulations |
| (2) | Time for making subsequent regulations |
| 12.3(1) | Amalgamation — one new division |
| (2) | Amalgamation — two or more divisions |
| (3) | Agreement to be filed with the minister |
| (4) | If no agreement reached |
| (5) | Arbitrator to file report |
| (6) | Report binding |
| (7) | Content of agreement or arbitration report |
| (8) | Determination of "primary workplace" |
| (9) | No change in conditions for employees |
| (10) | Duties and responsibilities may be modified |
| (11) | No compensation |
| (12) | Effect of transfer re: rights and property etc. |
| 13 | Dissolution of remote school district |
| NORTHERN SCHOOL DIVISION | |
| 14(1) | Establishment of school division |
| (2) | Alteration, etc. of area |
| (3) | Contents of order |
| (4) | School board is a corporation |
| 15 | Limitation on order |
| 16(1) | Appointment of official trustee |
| (2) | Salary |
| 17(1) | Definitions |
| (2) | Areas and wards |
| (3) | Local school committees to be established |
| (4) | Election of local school committees |
| (5) | Qualifications of local school committee members |
| (6) | Functions of local school committees |
| (7) | Area advisory committees to be established |
| (8) | Election of area advisory committees |
| (9) | Vacancies on area advisory committees |
| (10) | Functions of area advisory committees |
| (11) | School board of northern school division |
| (12) | Election of school board |
| (13) | Vacancies on school board |
| 17.1(1) | Frontier Collegiate Institute (Cranberry Portage) advisory committee |
| (2) | Function of Frontier Collegiate Institute advisory committee |
| 18(1) | Powers of official trustee |
| (2) | Special powers of official trustee |
| 19 | Estimate of approved expenses |
| 20(1) | Appeal of apportionment |
| (2) | Levies |
| 21 | Special grants |
| PART I.1 | |
| FRANCOPHONE SCHOOL DIVISION | |
| DEFINITIONS | |
| 21.1 | Definitions |
| FRANCOPHONE SCHOOL DIVISION | |
| 21.2(1) | Francophone school division established |
| (2) | Regions |
| (3) | Amendment |
| 21.3 | Act applies to the francophone school division |
| FRANCOPHONE SCHOOL BOARD | |
| 21.4(1) | Francophone school board |
| (2) | Number of trustees |
| 21.5(1) | Duty to provide programs |
| (2) | Programs where numbers warrant |
| (3) | |
| 21.6(1) | Agreements with other boards |
| (2) | Directed agreement |
| 21.7 | Board may promote programs and language |
| 21.8 | |
| ADVISORY GROUPS AND SCHOOL COMMITTEES | |
| 21.9(1) | Advisory groups |
| (2) | Formation and mandate |
| 21.10 to 21.12 | |
| 21.13(1) | School committees |
| (2) | Formation and mandate |
| 21.14 | |
| ENTITLEMENT TO ATTEND PROGRAMS | |
| 21.15(1) | Children of entitled persons to be admitted |
| (2) | Admission of non-fluent children |
| (3) | Board may require information from parent |
| (4) | Entitlement of children in transferred program |
| (5) | Admission of other children |
| (6) | Non-resident pupils: programs and costs |
| 21.16 | Admissions committee |
| 21.17 | Appeal to minister re admissions |
| SCHOOLS AND PROGRAMS OPERATED BY THE FRANCOPHONE SCHOOL BOARD | |
| Transfer of Programs and Schools | |
| 21.18 | |
| 21.19(1) | |
| (2) | Whether other programs in same school |
| (3) | Date of transfer |
| 21.20 and 21.21 | |
| 21.22(1) | Transfer of ownership: exclusive use schools |
| (2) | Transfer of ownership: shared use schools |
| (3) | Transfer without compensation |
| (4) | Liabilities and obligations |
| 21.23 | Agreements re shared use |
| 21.24(1) | Disputes |
| (2) | Minister may refer a matter |
| (3) | Committee |
| (4) | Authority of committee |
| (5) | Committee's determination binding |
| (6) | Costs |
| 21.25(1) | Request to transfer school or program |
| (2) | Who may make a request |
| (3) | Referral to the board of reference |
| 21.26(1) | Hearing and determination |
| (2) | Notice of hearing |
| (3) | Publication of notice |
| (4) | Report |
| (5) | Notice of the determination |
| (6) | Limitation |
| 21.27(1) | Regulation transferring program |
| (2) | Transfer of program and property |
| 21.28 | Individual rights preserved |
| Discontinuance of Programs by Provider School Boards | |
| 21.29 | Discontinuance of program by provider school board |
| TRANSPORTATION OF PUPILS | |
| 21.30(1) | Transportation of pupils |
| (2) | Directed agreement |
| LANGUAGE OF INSTRUCTION AND ADMINISTRATION | |
| 21.31(1) | Language of instruction |
| (2) | English as subject of instruction |
| (3) | Exception for first three years |
| (4) | Exception for technical and vocational programs |
| 21.32(1) | Language of administration |
| (2) | Exception |
| FINANCIAL MATTERS | |
| 21.33(1) | Estimate of expenses and revenues |
| (2) | Application of Part IX |
| 21.34 | Financial support |
| ELECTING TRUSTEES OF THE FRANCOPHONE SCHOOL BOARD | |
| 21.35(1) | Election of trustees |
| (2) | Conduct of elections |
| (3) | Municipal Councils and School Boards Elections Act does not apply |
| 21.36(1) | Electoral divisions |
| (2) | Period regulation remains in force |
| 21.36.1(1) | Changes in electoral divisions |
| (2) | By-law effective for next general election |
| 21.37(1) | Extended meaning of "entitled person" |
| (2) | Qualifications of voters |
| (3) | Additional voters determined by regulation |
| (4) | Eligibility to vote in other elections |
| 21.38(1) | Qualifications of francophone school trustees |
| (2) | Persons not qualified |
| (3) | Employee elected as trustee |
| 21.39 and 21.40 | |
| 21.41 | Oath of office |
| 21.42 | |
| REGULATIONS | |
| 21.43 | Regulations |
| 21.44 to 21.49 | |
| PART II | |
| SCHOOL BOARDS | |
| 21.50 | General election of school board every four years |
| 22(1) | Qualifications of school trustees |
| (2) | Persons who are disqualified |
| (3) | Employee elected as trustee |
| 23 | |
| 24(1) | Number of trustees |
| (2) | Establishing the size of school board |
| (3) | Referral to board of reference |
| 24.1 | Definitions |
| 24.2(1) | Reserve may be prescribed as a ward |
| (2) | Considerations |
| (3) | Ward of only one school division |
| (4) | Size of school board increased |
| (5) | Residency requirements |
| (6) | Limitation |
| 24.3(1) | When ward ceases |
| (2) | Matter of numbers referred to board of reference |
| (3) | Hearing and recommendation of board of reference |
| (4) | Seat forfeited |
| 25(1) | Term of office |
| (2) | |
| (3) | |
| (4) | |
| (5) | Commencement of term of office |
| (6) and (7) | |
| (8) | Oath of office |
| (9) | Transitional re trustees' terms of office |
| 26(1) | Filling of vacancies |
| (2) | Vacancy in final year of term |
| (3) | Warrant for new election |
| (4) | Organization of board despite irregularity |
| (5) | New election to fill vacancy |
| (6) | Vacancy after election |
| (6.1) | Provision does not apply in case of a tie or death |
| (7) | Unexpired term |
| 27 | |
| OFFICIAL TRUSTEE | |
| 28(1) | Appointment of official trustee |
| (2) | Powers of official trustee |
| (3) | Retirement of former officials |
| (4) | Retirement of official trustee |
| (5) | Appointment of deputies |
| (6) | Reporting positions of trust |
| MEETINGS OF TRUSTEES | |
| 29(1) | First meeting |
| (2) | Election of chair and vice-chair |
| (2.1) | Trustee may conduct election |
| (2.2) | Term of chair and vice-chair |
| (3) | Tie vote |
| 30(1) | Emergency meeting |
| (2) | Notice of school board meetings |
| (3) | Open meeting of school board |
| (4) | Committee meetings |
| (5) | Maintaining order by conduct and deciding questions |
| (6) | Removal of persons from meetings |
| 31 | Chairman to preside |
| 32 | Vice-chairman to preside |
| 33(1) | Rules of procedure |
| (2) | Reversal of decisions |
| (3) | Reversal by unanimous consent |
| 34 | Powers of trustees in case of illegal election or vacancy |
| 35 | Corporate acts must be done at school board meetings |
| 36(1) | Definitions |
| (2) | Subsidiary corporation |
| (3) | Control |
| 37(1) | Indirect pecuniary interest |
| (2) | Exception for indemnity or expenses |
| (3) | No pecuniary interest in certain transactions |
| (4) | Indirect pecuniary liability |
| (5) | Interest or liability must be significant |
| (6) | Appointments to commissions, boards and agencies |
| (7) | Employees of public bodies |
| (8) | Contribution to budget |
| 38(1) | Disclosure during meetings |
| (2) | All official meetings included |
| (3) | Absence from meeting |
| (4) | Record of compliance |
| 39(1) | Central record of disclosures |
| (2) | Information disclosed at open meeting |
| (3) | Information disclosed at closed meeting |
| (4) | Central record open to public |
| 39.1(1) | Reduced quorum |
| (2) | Application to minister |
| (3) | Order of Board of Reference |
| (4) | Referral to school board of school district |
| 39.2 | Voidability of transaction or procedure |
| 39.3(1) | Statement of assets and interests |
| (2) | Notification of failure to comply |
| (3) | Further statement after acquisition or disposal |
| (4) | Assets and interests that must be disclosed |
| (5) | General exemptions |
| (6) | Continuing disclosure |
| (7) | Statements not available to public |
| (8) | Exception for trustees |
| (9) | Limited disclosure |
| 39.4(1) | Insider information |
| (2) | Compensation for services |
| (3) | Use of influence |
| 39.5(1) | Right to appear |
| (2) | "Meeting" defined |
| (3) | No right to vote |
| 39.6(1) | Disqualification for violation or conviction |
| (1.1) | Result of disqualification |
| (1.2) | Eligibility at next election |
| (2) | Disqualification for failure to file statement |
| (3) | Effect on other business |
| 39.7(1) | Application by secretary-treasurer to Q. B. |
| (2) | Application by voter to Q.B. |
| (3) | Affidavit and security for application |
| (4) | Summary dismissal or authorizing of application |
| (5) | Disposition after hearing |
| (6) | Penalty for violation |
| (7) | Unknowing or inadvertent breach |
| (8) | Election not to preclude application |
| (9) | Application for restitution |
| (10) | Limitation period for declaration |
| (11) | Limitation period for order of restitution |
| (12) | No other proceedings |
| 39.7.1(1) | Regulations re electronic meetings |
| (2) | Minimum attendance required |
| 39.8 | Declaration that seat vacant |
| 40(1) | Bonding of officials |
| (2) | Bonding of official trustees and secretary-treasurers |
| (3) | Execution of bonds |
| (4) | Adequacy of bond |
| (5) | Additional bond coverage |
| PART III | |
| POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS | |
| DUTIES OF SCHOOL BOARDS | |
| 41(1) | Certain duties of school boards |
| (1.1) | Regulations — appropriate educational programming |
| (1.2) | Moratorium on closing schools |
| (1.3) | Minister's approval |
| (2) | Request for deduction and payment of dues |
| (3) | Method of deduction and payment |
| (4) | Instructional responsibilities of school boards |
| (5) | Programs not offered locally |
| (5.1) | Transfer of pupil where program offered locally |
| (6) | Regulations |
| (7) | Tuition fees for Indian pupils |
| (8) | Appointment of auditor |
| (8.1) | Qualifications of auditor |
| (8.2) | Report name to minister |
| (9) | Annual audit |
| (10) | Method of audit |
| (11) | Auditor's report |
| (11.1) | |
| (11.2) | Standards of the C.I.C.A. |
| (12) | Auditor's supplementary report |
| (12.1) | Ministerial regulations |
| (13) | Delivery of copies |
| (14) | Financial statement to minister |
| (15) | |
| 41.1(1) | Definition of "accumulated deficit" |
| (2) | Obligations where accumulated deficit |
| (3) | Action by minister |
| 42 | Annual estimates |
| PUPIL FILES | |
| 42.1 | Storage of information |
| 42.2 | Definition of "pupil file" |
| 42.3(1) | Access to pupil file |
| (2) | Refusal of access |
| (3) | Consent of adult pupil |
| 42.4(1) | Definition of court |
| (2) | Appeal to court |
| (3) | Procedure on appeal |
| (4) | Order |
| (5) | Access refused |
| 42.5 | Objection to information on pupil file |
| 42.6 | Disclosure in good faith |
| TRANSPORTATION OF PUPILS | |
| 43(1) | General limitations |
| (2) | Requirements |
| (2.1) | Transportation contracts |
| (3) | Compensation to parent for transporting |
| (4) | Frequency of payment |
| (5) | Calculation of distance |
| (6) | Limitation on duty to provide conveyance |
| 43.1(1) | Extended travel times |
| (2) | Phasing in extended travel time reductions |
| (3) | Regulations respecting extended travel times |
| 44 | Insurance required |
| 45 | Minister may deduct premium from grant |
| 46(1) | Regulations respecting school transportation |
| (2) | Highway Traffic Act |
| 47 | Approval of transportation |
| SAFE SCHOOLS | |
| 47.1(1) | Codes of conduct and emergency response plans |
| (2) | Content of code of conduct |
| (2.1) | Interpretation: cyber-bullying |
| (3) | Content of emergency response plans |
| FOOD PROVIDED AT SCHOOLS | |
| 47.2(1) | Artificial trans fat banned in schools |
| (2) | Interpretation |
| (3) | Exception |
| (4) | Definitions |
| ANAPHYLAXIS | |
| 47.3 | Anaphylaxis policy |
| POWERS OF SCHOOL BOARDS | |
| 48(1) | General powers of school boards |
| (2) | Powers to expend moneys |
| (3) | Scholarships, bursaries, etc. |
| (4) | Suspension and expulsion |
| (5) | Granting of leave of absence to teachers |
| (6) | Cumulative sick leave |
| (7) | Insurance coverage |
| 48.1(1) | Rights of employees respecting elections |
| (2) | Leave of absence |
| (3) | Reinstatement of unsuccessful candidate |
| (4) | Leave of absence for elected candidate |
| (5) | Definitions |
| 49(1) | Agreement respecting regional vocational schools |
| (2) | Membership of governing board |
| (2.1) | Agreement to continue regional vocational school |
| (3) | Powers and duties of board |
| (4) | Exceptions |
| (5) | Subsidiary agreements |
| (6) | Additional transportation powers |
| 50(1) | Pensions for non-teachers |
| (2) | Optional plan |
| (3) | Contribution by school boards |
| (4) | Protected from attachment and not assignable |
| SUPERINTENDENT | |
| 51 | Appointment of superintendent |
| 52(1) | Delegation of powers and duties to superintendent |
| (2) | Assignment of principal's duties to superintendent |
| SECRETARY-TREASURER | |
| 53(1) | Appointment of secretary-treasurer |
| (2) | Notice of appointment |
| (3) | Payment of accounts |
| (4) | Payment of accounts without approval |
| (5) | Secretary-treasurer to report occupations of trust |
| 54(1) | Powers of auditors |
| (2) | Duty to assist auditors |
| (3) | Duty to account |
| 55(1) | Recording of minutes |
| (2) | Right to examine |
| (3) | Penalty |
| GENERAL PROVISIONS | |
| 56(1) | Payment of annual indemnity |
| (2) | Additional indemnities |
| (3) | Reimbursement for expenses |
| (4) | School funds |
| (5) | Exclusion of student council funds |
| 57(1) | Alteration of wards and numbers of trustees |
| (2) | Population of wards |
| (3) | Representation quotient |
| (4) | Action to preserve equality by population of wards |
| (5) | Variation in population basis |
| (6) | School board may not pass by-law |
| (7) | Approval of the minister |
| (8) | Referendum |
| (9) | Effective date |
| 57.1 | Restriction re at large elections |
| 58(1) | Appeal against action of school board |
| (2) | Procedure on appeal |