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If you need an official copy, use the bilingual (PDF) version. This version was current from May 12, 2021 to January 30, 2022.
Note: It does not reflect any retroactive amendment enacted after January 30, 2022.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.
C.C.S.M. c. P250
The Public Schools Act
| File 1: | s. 1 to 58 (Parts 1 to 3) |
| File 2: | s. 58.1 to 279 (Parts 3.1 to 14) |
PARENTS AND PUPILS
ACCESS TO SCHOOLS AND PROGRAMS
In this Part, "parent" includes a legal guardian.
Every school board shall publish or otherwise make available to parents and pupils the information required by the regulations respecting programs offered and the enrolment of resident and non-resident pupils in programs and schools, at the times and in the form and manner required by the regulations.
A resident pupil may be enrolled in
(a) a program offered at any school within the school division or school district; or
(b) subject to section 58.4, a program offered at a school in another school division or school district;
in accordance with the procedures established in the regulations.
A school shall enrol a non-resident pupil in the program for which he or she applies unless, in the opinion of the principal or other person designated by the school board,
(a) there is insufficient space in the program the pupil wishes to attend having regard to the priorities established in subsection (2);
(b) enrolling the pupil in the program would require significant expenditure to extend or otherwise alter a program or the school building or school property;
(c) enrolling the pupil in the program likely would be seriously detrimental to the continuity of the pupil's education;
(d) the program is not suited to the age, ability or aptitude of the pupil;
(e) enrolling the pupil in the program likely would be seriously detrimental to order and discipline in the school or the educational well-being of pupils there;
(f) enrolling the pupil in the program is inadvisable for any other reason or for any circumstance that may be specified in the regulations.
Where the number of pupils who apply to enrol in a program in a school exceeds the number of places available in the program, the school shall enrol pupils in the following order of priority:
(a) first, pupils who reside in the school's catchment area;
(b) second, pupils who reside in the school division;
(c) third, other pupils.
The minister may make regulations
(a) respecting the information school boards are required to publish or otherwise make available to parents and pupils respecting programs offered and the enrolment of resident and non-resident pupils in programs and schools, and the times, the form and the manner in which the information is to be provided;
(b) for the purposes of section 58.3, establishing procedures for the enrolment of pupils;
(c) exempting pupils or classes of pupils from the requirements of this Part or any provision in this Part;
(d) for the purposes of clause 58.4(1)(f), specifying reasons or circumstances which make inadvisable the enrolment of a pupil in a program.
RIGHTS AND RESPONSIBILITIES OF
PARENTS AND PUPILS
Subject to the provisions of this Act and the regulations, a person who is resident in Manitoba is entitled to enrol his or her child in a program in any school in Manitoba and to
(a) be informed regularly of the attendance, behaviour and academic achievement of his or her child in school;
(b) consult with his or her child's teacher or other employee of the school division or school district about the child's program and academic achievement;
(c) have access to his or her child's pupil file;
(d) receive information about programs available to his or her child;
(e) be informed of the discipline and behaviour management policies of the school or school division or school district, and to be consulted before the policies are established or revised;
(f) be a member of a parent advisory council, parent council, local school committee or school committee at his or her child's school; and
(g) accompany his or her child and assist him or her to make representations to the school board before a decision is made to expel the child.
S.M. 1996, c. 51, s. 10; S.M. 2013, c. 31, s. 7.
A parent of a child of compulsory school age or who is attending school shall
(a) cooperate fully with the child's teachers and other employees of the school division or school district to ensure the child complies with
(i) school and school division or school district student discipline and behaviour management policies, and
(ii) the school's code of conduct; and
(b) take all reasonable measures to ensure the child attends school regularly.
S.M. 1996, c. 51, s. 10; S.M. 2004, c. 24, s. 1.
If property of a school division or school district is destroyed, damaged, lost or converted by the intentional or negligent act of a child, the child and his or her parents are jointly and severally liable to the school board for the loss.
Subject to the provisions of this Act, a person who has the right to attend school under section 259 may enrol or be enrolled in a program offered by any school in Manitoba.
A pupil is entitled to
(a) receive regular testing and evaluation of his or her academic performance and achievement;
(b) subject to subsection 42.3(2), have access to his or her pupil file, if the pupil has attained the age of majority; and
(c) be accompanied by a parent or other adult to assist him or her and to make representations to the school board before a decision is made to expel him or her.
Board may meet in camera re expulsion
Despite subsection 30(3), a school board may meet in camera for the purpose of hearing representations about and determining whether to expel a pupil.
S.M. 1996, c. 51, s. 10; S.M. 2004, c. 15, s. 13.
A pupil is responsible for
(a) attending school and classes regularly and punctually;
(b) complying with
(i) the student discipline and behaviour management policies of the school and school division or school district, and
(ii) the school's code of conduct; and
(c) completing assignments and other related work required by teachers or other employees of the school division or school district; and
(d) treating school property and the property of others employed at or attending the school with respect.
S.M. 1996, c. 51, s. 10; S.M. 2004, c. 24, s. 1.
AGREEMENTS WITH INDEPENDENT SCHOOLS
In this Part, "independent school" means an "independent school" as defined in The Education Administration Act.
A school board may with the approval of the minister, enter into an agreement with an independent school to provide under the supervision and control of the school board to children enrolled in the independent school transportation from points on a regular public school bus route operated by the school board to other points on the same route.
A school board may with the approval of the minister enter into an annual agreement with an independent school respecting the use of the facilities and resources of the school division or school district, other than transportation facilities and resources, by or for the benefit of children enrolled in the independent school while attending a public school operated by the school division or school district.
The term of an agreement under this section shall not exceed one year.
Grants made or support provided to a school division or school district under this Act may include amounts for transportation provided by the school division or school district to children enrolled in an independent school pursuant to an agreement made under subsection (1).
Grants for facilities and resources
The Lieutenant Governor in Council may make regulations prescribing the amounts of grants to be paid in respect of facilities and resources of a school division or school district used for the benefit of children enrolled in an independent school pursuant to an agreement made under subsection (2).
The minister may, under the regulations, make grants to an independent school in respect of instruction and services offered by the independent school to children enrolled therein, where the minister is satisfied that
(a) the independent school teaches a sufficient number of courses approved under The Education Administration Act to ensure that children enrolled in the independent school receive an education of a standard equivalent to that received by children in public schools;
(b) the principal and the teachers teaching the approved courses to children enrolled in the independent school hold valid and subsisting teaching certificates issued under The Education Administration Act;
(c) the department has approved the core curriculum of the school;
(c.1) the independent school complies with section 85.1 (Remembrance Day exercise) as if it were a public school;
(d) the independent school has a legally incorporated Board of Directors;
(e) the independent school has an elected advisory board that
(i) includes at least three persons who are parents or guardians of children enrolled in the independent school,
(ii) reports on the independent school on a regular basis during the school year, and not less often than once in each school term, to the parents or guardians of students enrolled in the independent school;
(f) the independent school has had pupils in attendance for at least the two immediately preceding school years and has operated in compliance with clauses (a) to (e), and any requirements prescribed under clause (g), during that time; and
(g) the independent school is in compliance with such other requirements as may be prescribed by regulation;
and the minister may make regulations respecting the making of grants under this subsection and prescribing requirements for the purposes of clause (g).
S.M. 1989-90, c. 49, s. 12; S.M. 1991-92, c. 20, s. 12; S.M. 1992, c. 58, s. 27; S.M. 1996, c. 51, s. 11; S.M. 2001, c. 43, s. 57; S.M. 2004, c. 42, s. 79; S.M. 2012, c. 41, s. 2; S.M. 2020, c. 21, s. 103; S.M. 2021, c. 4, s. 28.
SCHOOL SITES, BUILDINGS
AND OTHER PROPERTY
SCHOOL SITES
Where a school site or an additional school site or a change in school site is required in a school division or school district the school board may select the site or may change a school site.
Any school board may acquire by purchase, gift, exchange or otherwise and, without the consent of the owner thereof, may enter upon, take, use and expropriate land for a school site or land adjoining an existing school site which the school division or school district requires for the enlargement thereof, and any expropriation of land under this section is subject to the provisions of The Expropriation Act.
Approval required to purchase land
No school board may acquire land under subsection (1) unless
(a) the school board has first obtained the approval of the minister; or
(b) the acquisition is by way of expropriation in accordance with section 65, or by gift.
S.M. 1989-90, c. 49, s. 13; S.M. 2006, c. 21, s. 14; S.M. 2020, c. 21, s. 104.
Payment of encumbrance out of purchase money
Where a school board has purchased for school purposes, land that is subject to an encumbrance, the school board may out of the purchase money pay off the encumbrance with interest to date of the payment and if the encumbrance consists of a mortgage or annuity charge it may be paid off with interest to the date of the payment and a further amount equal to three months interest as a bonus.
Deposit of money with Minister of Finance
Where, under section 63
(a) the person entitled to receive the money refuses to accept the amount hereby authorized to be paid; or
(b) the person entitled to receive the money cannot be found; or
(c) there is doubt or uncertainty as to the person who is entitled to receive the money;
the school board may deposit the money with the Minister of Finance together with a statement in writing
(d) indicating the reasons why the money is being deposited with the Minister of Finance; and
(e) setting out any other information that it may have respecting the identity of the person who has or may have a claim on the money.
Filing of receipt of Minister of Finance in L. T. O.
Upon receiving any money under subsection (1) the Minister of Finance shall issue to the school board a receipt therefor and upon production of the receipt to the district registrar of the land titles district in which the land is situated and an affidavit of that minister setting out to the satisfaction of the district registrar, the circumstances under which the money was received, the district registrar shall discharge the encumbrance, pro tanto, and strike out or amend the entry from the certificate of title showing the encumbrance, as the case may require.
Disbursement of moneys paid in
Any money paid to the Minister of Finance under subsection (1) may be paid out by him on the direction of the district registrar within whose district the land in question lies.
Where under section 62 a school board is entitled to acquire land by expropriation for a purpose mentioned in that section and is unable to obtain a valid conveyance of the land, the school board may pass a by-law providing for the expropriation thereof.
A by-law for expropriating land shall contain a description of the land by reference to a plan or otherwise and if it is proposed to expropriate an easement or other right in the nature of an easement it shall contain a description of the easement or other right to be expropriated.
A by-law passed under this section is of no force and effect unless it is approved by the minister.
S.M. 2004, c. 15, s. 14; S.M. 2020, c. 21, s. 105.
Exemption — building restrictions and development schemes
A school board that purchases land that is subject to a building restriction caveat or a development scheme may use the land for its purposes in any manner, and the use is not subject to the building restriction or development scheme, or any instrument, declaration or agreement registered in respect of the building restriction or development scheme.
Sale of school site or other property
Subject to section 67.1, a school board may dispose of any school site or school property not required by the school board.
Authority for disposal of land
Subject to any regulations made under The Education Administration Act, a school division shall not dispose of any land or buildings owned by it, or any interest or right therein, by way of sale, lease, gift or otherwise, unless it first obtains the authorization of the minister and, where the minister authorizes the disposal of any land or buildings owned by the school division, or any interest or right therein, the minister may require that the moneys realized from the disposal be paid over to the Consolidated Fund.
Disposal of mines and minerals
Subject to the written approval of the minister where a school division or school district owns the mines and minerals lying in or under a school site owned by the school division or school district, it may, if so authorized by a by-law of the school board, lease, sell or otherwise dispose of and deal with, those mines and minerals or any part thereof as the school board in its discretion deems fit and without restricting the generality of the foregoing, but subject as aforesaid and under like authorization, it may enter into and execute agreements or contracts of the kinds commonly called petroleum leases, natural gas leases, unitization agreements and pooling agreements with respect to the mines and minerals.
[Not proclaimed, but repealed by S.M. 2018, c. 29, s. 29]
S.M. 2011, c. 38, s. 19; S.M. 2018, c. 29, s. 29.
Notice of intention to dispose of land
A school board must not dispose of land until it has presented the proposed disposition, and the reasons for it, at an open meeting of the board and heard from persons present who wish to make submissions regarding the disposition.
The school board must, at least 14 days before the open meeting at which a disposition of land will be considered, give public notice of the meeting.
PEDESTRIAN SAFETY
Pedestrian safety part of school design
During the planning of 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
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.
When the minister has approved the construction of a new school or a significant expansion to an existing school, the responsible school division must notify the traffic authority responsible for each road and highway that borders the school site.
Pedestrian and traffic safety analysis required
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.
The pedestrian and traffic safety analysis must include a review of speed limits in the vicinity of the school and 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
Based on the results of the pedestrian and traffic safety analysis, the traffic authority must provide the school division with written notice of all changes it will 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.
The traffic authority must provide the school division with a list of the changes that it will implement and the time line for implementing each change.
Application to Highway Traffic Board
If the traffic authority recommends a change to a speed limit that requires the approval of The Highway Traffic Board, the traffic authority must apply to The Highway Traffic Board for approval of the recommended change in speed limits.
S.M. 2015, c. 21, s. 3; S.M. 2018, c. 10, Sch. B, s. 129; S.M. 2020, c. 21, s. 107.
If a new or expanded school is used before a traffic authority has implemented all of its intended changes, the traffic authority — after consulting with the school division — must
(a) implement any temporary pedestrian and traffic safety measures that it considers appropriate; and
(b) maintain those measures until its changes are fully implemented.
S.M. 2015, c. 21, s. 3; S.M. 2018, c. 10, Sch. B, s. 129.
BUILDINGS AND OTHER PROPERTY
Powers of school board respecting school property
A school board may
(a) permit the use of school buildings and property and expend school moneys 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 school division or school district any gift of real or personal property or any interest therein and apply the revenue derived therefrom or the proceeds of the sale thereof, or both, towards the payment of scholarships or any other purpose prescribed by the donor thereof or if the gift is not made subject to conditions, for any purpose that the school board subject to the approval of the minister may determine.
Subject to the regulations the school board in the discharge of its duties under this Act shall at all times use the following procedures:
(a) all purchases of personal property and contracted services shall be made in the most economical manner possible;
(b) where the cost of personal property or services mentioned in clause (a) exceeds the amount prescribed under subsection (2), competitive offers for such property and services shall be obtained, except in emergency situations, by public tender;
(c) all offers received pursuant to clause (b) shall be tabulated for ready reference for presentation to the school board.
The minister may make regulations prescribing the cost of personal property and contracted services above which a school board must, except in an emergency, solicit competitive offers by public tender.
S.M. 1996, c. 51, s. 12; S.M. 2010, c. 21, s. 4.
Ownership of personal property
The right and title to all personal property purchased, donated or otherwise acquired before, on or after the coming into force of this Act is hereby vested in the school division or school district, as the case may be.
Duties of school board respecting custody of school property
Every school board shall hold in its possession, custody and safekeeping and regulate the use of all public school property, real or personal, acquired or received and hold or apply it according to the terms on which it was acquired or received.
Repair and rental of buildings
Every school board shall keep its school buildings, contents and premises in proper repair and may, subject to section 74, acquire by lease, buildings and property as the school board deems necessary for its purposes.
A school board may, subject to its community use policy and such terms and conditions as it may impose, permit the use of any property of the school division or school district with or without fee.
Agreements re internet services
With the approval of the minister, a school board may enter into a cost-sharing agreement with the following to establish or improve a school's connectivity to the Internet through fibre-optic linkages:
(a) another school board, a municipality, the Government of Manitoba or the Government of Canada or an agency of either of those governments, 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.
Public partners to be given priority
When considering entering into a cost-sharing agreement, a school board must consider partnering with a person or body described in clause (1)(a) or (b) in priority to partnering with other persons.
The minister may make regulations designating public bodies for the purpose of clause (1)(b).
A school division or school district must not do any of the following without the approval of the minister:
(a) purchase, lease or otherwise acquire a building or part of a building to be used for instructional purposes;
(b) erect, enlarge or remodel a building or part of a building to be used for instructional purposes;
(c) enter into a contract for any purpose described in clause (a) or (b).
[Repealed] S.M. 2020, c. 21, s. 108.
S.M. 1991-92, c. 20, s. 13; S.M. 1999, c. 14, s. 3; S.M. 2020, c. 21, s. 108.
CONDUCT OF SCHOOLS
Except as otherwise provided in this Act no school board shall charge tuition fees.
Regulations respecting school year, vacations and school hours
The minister may make regulations
(a) prescribing the length of vacations and the number of teaching days in the year; and
(b) prescribing the hours that shall be school hours for pupils.
A regulation made under section 76 may apply to all school divisions, school districts or schools or to any one or more of them or to any part of a school division or a school district or a school.
The following days shall be school holidays:
(a) every Saturday except as provided in subsection (3);
(b) every Sunday;
(c) every day named in the regulations as a holiday;
(d) every day appointed by the Governor General in Council or by the Lieutenant Governor in Council as a general holiday.
Except for Remembrance Day, whenever a holiday other than Sunday falls on a Sunday the day next ensuing shall be a school holiday.
Subject to the approval of the minister, teaching may be done in any school on a Saturday in which case that day shall be deemed to be a teaching day for that school.
Outdoor education and work education
Subject to section 88, any pupil engaged in a work education program or participating in an outdoor education or other program which is conducted off the school premises under the authority of the school board shall be deemed to be in attendance at school.
LANGUAGES OF INSTRUCTION
English and French as languages of instruction
Subject as otherwise provided in this section, English and French are the languages of instruction in public schools.
When authorized by the school board, a language other than English or French may be used in any school in the school division or school district
(a) for instruction in religion during a period authorized for such instruction;
(b) during a period authorized by the minister for teaching the language;
(c) before and after the regular school hours prescribed in the regulations and applicable to that school;
(d) in compliance with the regulations as a language of instruction, for transitional purposes;
(e) in compliance with the regulations, as a language of instruction for not more than 50% of the regular school hours as determined by the minister.
Use of English or French as language of instruction
Where in any school division or school district, there are 23 or more pupils who may be grouped in a class for instruction and whose parents desire them to be instructed in a class in which English or French is used as the language of instruction, the school board shall group those pupils, and upon petition of the parents of those pupils requesting the use of English or French, as the case may be, as the language of instruction in respect of those pupils, the school board shall group those pupils in a class for instruction and provide for the use of English or French, as the case may be, as the language of instruction in the class.
Minister's discretion for fewer pupils
Where the number of pupils concerned is less than the numbers mentioned in subsection (3) as requirements for the application of that subsection, the minister may require the school board to make arrangements for the use of English or French as the language of instruction in any class.
After the first election of the francophone school board,
(a) subsection (3) does not apply to a petition by parents who wish to exercise their rights under section 23 of the Charter;
(b) any school board that receives a petition under subsection (3) for French instruction designed for pupils whose first language is French may refer the petition to the francophone school board instead of providing the French instruction; and
(c) where a petition is referred to the francophone school board before it provides programs under section 21.5, the minister, after consulting with the francophone school board, may prescribe any necessary interim measures related to such a petition.
The administration and operation of a public school shall be carried out in the English language or the French language as the minister may, by regulation, provide.
English as subject of instruction
Notwithstanding any other provision of this Act, English
(a) may be a subject of instruction in any grade; and
(b) shall be a subject of instruction in every class in Grade IV, V, VI, VII, VIII, IX, X, XI or XII where French is used as the language of instruction.
A school board may enter into an agreement with another school board for providing jointly classes in which the language used for instruction is English or French, as the case may be, and the pupils in those classes may be included in the numbers required to meet the requirements of any provision of this section or the regulations.
Establishment of Languages of Instruction Advisory Committee
The minister shall establish a committee (hereinafter referred to as the "Languages of Instruction Advisory Committee") composed of nine persons, to which he may refer matters pertaining to the use of languages of instruction in public schools and which shall review those matters and make recommendations thereon to the minister.
Composition of Languages of Instruction Advisory Committee
Of the nine members of the Languages of Instruction Advisory Committee
(a) two shall be appointed by the minister from not fewer than four persons who are members of les commissaires d'ecole franco-manitobains, nominated by the Manitoba School Boards Association;
(b) two shall be appointed by the minister from not fewer than four persons who are members of les educateurs franco-manitobains, nominated by the Manitoba Teachers' Society; and
(c) five shall be appointed by the minister;
for such term as the minister may determine.
For the purpose of carrying out the provisions of this section according to their intent the minister may make such regulations and orders as he may deem necessary.
R.S.M. 1987 Supp., c. 26, s. 7; S.M. 1993, c. 33, s. 6; S.M. 2017, c. 11, s. 52.
INSTRUCTION IN RELIGION
Authorization for instruction in religion
Instruction in religion may be conducted in any school in Manitoba if authorized by a by-law passed by the school board.
Petition for instruction in religion
If a petition requesting that religious instruction be given in a school is presented to the school board and is signed by
(a) the parents or guardians of at least 10 children attending the school having one or two classrooms; or
(b) the parents or guardians of at least 25 children attending the school having three or more classrooms;
the school board shall pass a by-law authorizing instruction in religion in compliance with the petition.
Hours of instruction in religion
Instruction in religion, when authorized under or permitted by this Act, may take place during school hours at such time and on such days as approved by a by-law of the school board but in any case shall not exceed 2 1/2 hours per week and shall be conducted by a clergyman, priest, rabbi or other spiritual leader or by a representative of parents recognized by the school board as constituting a religious group or by any person including a teacher, duly authorized by such clergyman, priest, rabbi or other spiritual leader.
Non-participation in instruction in religion
Where the parent or guardian of a pupil who is under the age of majority does not desire the participation of the pupil in religious instruction, the pupil shall be excused from participating in the instruction, and where a pupil over the age of majority does not wish to participate in religious instruction he shall be excused from participating therein.
The minister may make regulations for the purpose of giving effect to sections 80 to 82.
RELIGIOUS EXERCISES
AND PATRIOTIC OBSERVANCES
Public schools shall be non-sectarian and no religious exercises shall be allowed therein except as provided in this section.
Conduct of religious exercises
Any religious exercise conducted in schools shall be conducted according to the regulations of the advisory board established under The Education Administration Act.
Religious exercises shall be held at such times during the school day as the school board may establish but in no case shall the school time devoted to religious exercises exceed the maximum provided by the regulations made by the advisory board.
Where the parent or guardian of a pupil under the age of majority notifies the teacher that he does not wish the pupil to attend religious exercises, the pupil shall not attend and if a pupil over the age of majority does not wish to attend he shall be free not to attend.
Subject to subsection (6) and the regulations made by the advisory board, religious exercises shall be held in every school.
Cancellation of religious exercises
A school board may, by by-law, direct that religious exercises shall not be held in any one or more schools during the then current school year and thereafter in that school year they shall not be held in that school or those schools.
Effective period of cancellation
A by-law passed under subsection (6) is effective only until June 30 next following the day on which it is passed.
Petition for religious exercises
If a petition asking for religious exercises, signed by the parents or guardians of 75% of the pupils in the case of a school having fewer than 80 pupils or by the parents or guardians of at least 60 pupils in the case of a school having an enrolment of 80 or more pupils, is presented to the school board, religious exercises shall be conducted for the children of those parents or guardians in that school year.
S.M. 1991-92, c. 20, s. 14; S.M. 2004, c. 15, s. 15.
NOTE: The Manitoba Court of Queen's Bench has declared unconstitutional and struck down the part of subsection 84(1) after the word "non-sectarian" and all of subsections 84(2) - (7). See Manitoba Assn. for Rights & Liberties Inc. v. Manitoba, [1992] 5 W.W.R. 749, 94 D.L.R. (4th) 678, 82 Man. R (2d) 39.
Patriotic observances as prescribed by the advisory board established under The Education Administration Act shall be conducted in schools according to the regulations of the advisory board.
Each school must hold a Remembrance Day exercise on the last school day before November 11 each year.
The form of the exercise, which must include two minutes of silence, must be approved by the principal.
ACCIDENTS
Exemption from liability in certain cases
Where injury or death is caused to a pupil enrolled in or attending a school
(a) during, or as a result of, a course of instruction carried on under the jurisdiction of the school board; or
(b) during, or as a result of, physical training, physical culture, gymnastic exercises or drill carried on in connection with the school activities; or
(c) before or after school hours or during recess on school premises, on field trips or excursions or on school buses;
no cause of action accrues to the pupil or to any other persons for loss or damage suffered by reason of the bodily injury or death, against the school division or school district or any servant, agent or trustee thereof unless it is shown that the injury or death was caused by the negligence of the school division or school district or negligence of any of its employees or agents or of any one or more of the trustees.
Where the bodily injury or death of a pupil referred to in section 86 is caused by defective or dangerous apparatus supplied by the school division or school district for the use of the pupil, the school division or school district and its employees and agents and the trustees shall be deemed to have been not guilty of negligence unless it is shown that one or more of the trustees of the school board or one or more of the employees or agents thereof 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
Any pupil attending any course in technical or vocational instruction as provided in clause 48(1)(k) or off the school premises programs as provided for in subsection 78(4) shall be deemed to have accepted the risks incidental to the business, trade or industry in which he is being instructed or trained and, if bodily injury or death is caused to any such pupil during or as a result of the course, no cause of action for loss or damage suffered by reason of the bodily injury or death accrues to the pupil or to any other person
(a) against the school board or any of the trustees, if it is shown that the school board believed, upon reasonable grounds, that the person with whom the pupil was placed was competent to give the instruction and that his plant and equipment were such as to provide reasonable safeguards against death or injury; or
(b) against the person giving the instruction or his servants or agents unless the bodily injury or death of the pupil resulted from the negligence of the person giving the instruction or his servants or agents.
No action lies arising out of school patrol
Where 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 such no cause of action accrues by reason or in respect thereof against any school division or school district or any servant or agent thereof or any trustee or the school patrol or his parent or guardian.
Permitting participation in sports not of itself negligence
No school division or school district or any of its trustees, employees or agents is guilty of negligence solely by reason of the fact that a pupil who wears eye glasses is permitted to take part in physical training, physical culture, gymnastic exercises or drill or to participate in any play or game carried on in connection with school activities.
TEACHERS
Certified teachers and principals
No person is legally qualified to teach or to be employed by a school board as a teacher or principal unless that person holds a valid and subsisting certificate issued by the minister under The Education Administration Act.
Pupils in care of teacher aides
Notwithstanding subsection (1) and subject to the regulations a school board may authorize the principal to leave pupils in the care and charge of school social workers, psychologists, teacher aides, student teachers and other designated responsible persons without having a certified teacher in attendance.
An agreement between a school board and a teacher must
(a) be in writing,and be in the form and contain the content prescribed by the minister; and
(b) be signed by the board and teacher, and sealed with the seal of the board.
The minister may make regulations prescribing the form and content of an agreement under subsection (1), and prescribing circumstances in which such an agreement must be used.
Agreements may have prescribed differences
A regulation under subsection (1.1) may be made applicable generally or may prescribe different agreements containing different terms and conditions for different circumstances.
Delivery of agreement to teacher
Every school board after agreeing to employ a teacher shall, within two weeks, deliver to the teacher a written agreement in triplicate, duly executed by the school board and thereafter the teacher shall immediately execute the agreement upon receipt thereof and shall return two copies thereof to the school board.
Hearing by school board before dismissal of a teacher
Where a complaint is made to a school board respecting the competency or character of a teacher, the school board shall not terminate its agreement with the teacher unless it has communicated the complaint to the teacher or his representative and given him an opportunity to appear personally or by representation before the school board to answer the complaint.
Action on termination of agreement
Where an agreement between a teacher and a school board is terminated by one of the parties thereto, the party receiving the notice of the termination may within seven days of the receipt thereof request the party terminating the agreement to give reasons for the termination, in which case the party terminating the agreement shall, within seven days from the date of receipt of the request, comply therewith and where the school board terminates the agreement of a teacher who has been employed by the school board under a prescribed agreement for more than one full school year, as defined by the minister by regulation, the following clauses apply:
(a) the teacher, by notice in writing served on the school board within seven days of the date the reason for terminating the agreement was given, may require that the matter of the termination of the agreement be submitted to an arbitration board composed of one representative appointed by the teacher and one representative appointed by the school board and a third person who shall be chairman of the board of arbitration, mutually acceptable to and chosen by the two persons so appointed, none of whom shall be a member or employee of the school board;
(b) each party to the agreement shall appoint its representative to the board of arbitration within 10 days of the serving of the notice by the teacher under clause (a);
(c) where the members of the arbitration board appointed by the parties cannot agree on a decision, the chairman shall make the decision and his decision shall be deemed to be a decision of the arbitration board;
(d) the issue before the arbitration board shall be whether or not the reason given by the school board for terminating the agreement constitutes cause for terminating the agreement;
(e) where, after the completion of hearings, the arbitration board finds that the reason given for terminating the agreement does not constitute cause for terminating the agreement it shall 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 upon the parties;
(f) the arbitration board shall, within 30 days after its appointment make its decision and shall immediately forward a copy thereof to each of the parties and to the minister;
(g) where a board of arbitration is appointed under this Part the remuneration to be paid to and the expenses incurred by the members of the board in carrying out their duties shall be borne equally by the parties to the dispute.
Where a teacher enters into an agreement with a school board and has previously been employed as a teacher by that or one other school board in the province for more than one full school year within three years prior thereto, that prior period of employment shall, for the purposes of subsection (4), be deemed to be time during which the teacher was employed under the new agreement.
Right of teacher to recover salary
A teacher is entitled to recover from the school board any salary or other remuneration due to him because of the unlawful or improper termination of his agreement by the school board.
Penalties for breach of agreements
A teacher who enters into an agreement with a school division or school district and wilfully neglects or refuses to comply with the terms of the agreement is liable on the complaint of the school board to have his certificate of qualification suspended by a field representative and a school board that enters into an agreement with a teacher and wilfully neglects or refuses to comply with the terms of the agreement is liable to pay to the teacher one month's salary at the rate stipulated in the agreement in addition to the salary to which he is entitled under the agreement.
S.M. 1989-90, c. 49, s. 14 and 15; S.M. 2004, c. 15, s. 16; S.M. 2005, c. 42, s. 32.
A school board or a person acting on behalf of a school board shall
(a) provide a teacher with access to the teacher's personnel record upon request; and
(b) upon request by a teacher, attach to the personnel record the teacher's written objection to, or explanation or interpretation of, any matter contained in the personnel record.
Each teacher who is continuously employed by a school board shall accumulate entitlement for sick leave at the rate of one day of sick leave with pay for every nine days of actual teaching service, or fraction thereof, unless a collective agreement governing the working conditions of the teacher provides for another manner of accumulating sick leave.
Maximum sick leave in any year
No teacher shall accumulate more than 20 days sick leave with pay under subsection (1) in any year unless a collective agreement governing the working conditions of the teacher provides otherwise.
No teacher shall accumulate more than 75 days sick leave with pay under subsections (1) and (2) unless a collective agreement governing the working conditions of the teacher provides otherwise.
Effective sick leave on service
For the purposes of determining sick leave under this section and for the purposes of determining sick leave under a collective agreement, unless the collective agreement provides otherwise,
(a) any day during which a teacher is absent from school because of sickness does not constitute part of actual teaching service; and
(b) the number of days a teacher is on sick leave with pay shall be deducted from his accumulated sick leave with pay entitlement when he returns to work.
Where a teacher whose sick leave is governed by subsections (1), (2) and (3) is sick, he is entitled to be paid his salary during his sick leave up to the maximum entitlement as determined in accordance with this section.
Payment for sick leave under collective agreement
Where a teacher whose sick leave is governed by the provisions of a collective agreement, whether entered before or after the coming into force of this section, is sick, he is entitled to be paid during his sick leave whatever is provided in the collective agreement.
Continuance of prior entitlement
Any sick leave accumulated by a teacher under any previous Act of the Legislature respecting public schools or under any collective agreement governing the working conditions of the teacher, whether entered into before or after the coming into force of this Act, is not cancelled by the enactment of this section or this Act but continues to be usable by the teacher as accumulated sick leave subject to the maximum of sick leave for the teacher as provided under this section or, where the collective agreement provides otherwise, subject to the maximum sick leave as provided in the collective agreement.
Subject to any collective agreement governing the working conditions of the teacher, where a teacher is absent from school because of sickness, the school board may require the teacher to submit to the school board a medical certificate from a duly qualified medical practitioner certifying that the teacher was sick during the period of absence.
Power of trustees to extend sick leave
Notwithstanding section 93, a school board may in any school year grant to a teacher sick leave with or without pay for a period longer than that authorized under section 93.
Notwithstanding any other provision of this Act, a school board may negotiate, and shall be deemed always to have had authority and capacity to negotiate with a local society representing teachers employed by it, as part of a collective agreement, the right and entitlement of teachers to sick leave and to accumulate sick leave and all matters relating to the manner of accumulating and limiting the accumulation of sick leave as part of the working conditions of the teachers and, where the school board and the local society cannot agree on those matters, the matter may be referred for arbitration under Part VIII in the same way as any other dispute arising out of negotiations for a collective agreement.
Section 78 of The Labour Relations Act applies to any dispute as to the meaning, application or alleged violation of a provision of a collective agreement relating to sick leave of teachers.
Validation of old provisions re sick leave
Where a collective agreement governing the working conditions of teachers entered into before the coming into force of this Act contained a provision relating to sick leave, the provision is valid and enforceable as though section 93 and subsections (2) and (3) had been in force at the time the collective agreement was negotiated and entered into.
Continuance of sick leave provisions in collective agreements
Notwithstanding any other provision of this Act or The Education Administration Act or the regulations under either Act, all provisions relating to sick leave for teachers in any collective agreement governing the working conditions of teachers which is in effect on the coming into force of this section continue in force and effect on, from and after the coming into force of this section in accordance with the terms of that collective agreement.
Every teacher shall
(a) teach diligently and faithfully according to the terms of his agreement with the school board and according to this Act and the regulations;
(b) keep a record of attendance in the manner and in such form as required by the school board;
(c) maintain order and discipline in the school;
(d) furnish to the minister, or to a field representative, any information that it may be in his power to give respecting anything connected with the operations of the school or in any way affecting its interests;
(e) notify the principal who shall notify the appropriate local health authority of the area in which the school is situated or where there is no local health authority the school board that he has reason to believe that a pupil attending the school has been exposed to or is suffering from a communicable disease as defined in The Public Health Act and regulations made thereunder;
(f) seize or cause to be seized and take possession of any offensive or dangerous weapon that is brought to school by a pupil and hand over any such weapon to the principal who shall notify the parent or guardian warning him that the pupil may be suspended or expelled from the school;
(g) deliver or cause to be delivered or provide the parent or guardian of each pupil taught by him reports of the pupil at the times and in the manner determined by the school board;
(h) admit to his classroom student teachers enrolled in a teacher education institution approved by the minister, for the purpose of practice teaching and of observing instruction.
The form and content of a report prepared under clause (1)(g) must comply with the standards prescribed by regulation under The Education Administration Act.
ARBITRATION OF COLLECTIVE
BARGAINING DISPUTES
INTRODUCTORY PROVISIONS
The definitions in this subsection apply in this Part.
"dispute" means any dispute or difference, or apprehended dispute or difference, between a school board 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 school board or the teacher or teachers that are not specifically set out in this Act or The Education Administration Act or in the regulations made under either of those Acts.
However, it does not include a controversy or difference arising out of the termination or threatened termination of a teacher's contract. (« différend »)
"party" means the bargaining agent for a unit of teachers on the one hand, or the school board that employs those teachers on the other hand, and "parties" means the two of them. (« partie »)
"teacher" means a person employed by a school board under a written contract prescribed under section 92 and who holds a valid and subsisting teacher's certificate or limited teaching permit issued under The Education Administration Act. It includes a principal, a vice-principal and a person certified as a clinician. It does not include a superintendent, assistant superintendent or deputy superintendent. (« enseignant »)
"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, whether it is a group of teachers employed by a single school board or by two or more school boards. (« unité »)
Words and expressions in Labour Relations Act
Words and expressions used in this Part and not defined in subsection (1) have the same meaning as in The Labour Relations Act, except when the context of this Part requires otherwise.
S.M. 2000, c. 43, s. 4; S.M. 2005, c. 42, s. 32.
The Labour Relations Act applies to teachers, bargaining agents for units of teachers, and school boards, but if a provision of this Act conflicts or is inconsistent with The Labour Relations Act, the provision of this Act prevails.
School principals are employees under Labour Relations Act
A principal or vice-principal employed by a school board is deemed to be an employee under The Labour Relations Act, and a unit that includes a principal or vice-principal with other teachers is deemed to be a unit appropriate for collective bargaining.
Part does not apply to the Crown
This Part does not apply to the Crown in right of Manitoba or to teachers employed by the Crown.
ARBITRATION PROCEEDINGS
When arbitration may be initiated
If the parties have been unable to conclude a collective agreement and a period of at least 90 days has elapsed since 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 Part to decide the collective bargaining matters in dispute between them.
Terms and conditions of agreement continue in effect
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 Part.
S.M. 1996, c. 51, s. 14; S.M. 1998, c. 35, s. 7; S.M. 2000, c. 43, s. 4 and 5.
Provision for final settlement of disputes in bargaining
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
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 (1), except to the extent of any inconsistency with the final settlement provision.
Deemed final settlement provision
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 102, it shall be 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 since 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 shall 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 shall 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 shall 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.
[Repealed]
S.M. 2000, c. 43, s. 4; S.M. 2000, c. 43, s. 7.
ARBITRATION AWARD
Time limit for award — single arbitrator
An arbitrator shall 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
An arbitration board shall make an award within 60 days after concluding the proceedings, or within any longer period that the parties agree to.
The award shall set out the decision of the arbitrator or arbitration board as to how the matters in dispute between the parties are to be settled.
The award shall state the reasons on which it is based.
Decision given to the Labour Board and the minister
When the award is given to the parties, the arbitrator or arbitration board shall also give a copy to The Manitoba Labour Board and to the minister.
An award of an arbitrator or arbitration board is binding on the bargaining agent, the teachers in the unit involved in the dispute and the school board.
S.M. 1996, c. 71, s. 2; S.M. 2000, c. 43, s. 4.
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 shall not be considered to be made until the clarification is provided.
Collective agreement following award
Within 30 days after an award is made, the parties to the arbitration shall prepare and sign a collective agreement embodying all matters settled in the award.
A collective agreement entered into by a bargaining agent for a unit of teachers and a school board is binding on
(a) the bargaining agent and every teacher in the unit to which the collective agreement applies; and
(b) the school board.
STRIKES AND LOCKOUTS PROHIBITED
No teacher shall strike.
Strike authorization by bargaining agent prohibited
No bargaining agent for a unit of teachers shall declare or authorize a strike.
S.M. 1996, c. 71, s. 4; S.M. 2000, c. 43, s. 4.
110.1 and 110.2 [Repealed]
S.M. 1996, c. 71, s. 5; S.M. 2000, c. 43, s. 4.
Lockout by school board prohibited
No school board shall declare or cause a lockout of teachers.
S.M. 1996, c. 71, s. 6; S.M. 2000, c. 43, s. 4.
Penalty for illegal lockout — school board
Every school board that declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000.
Penalty for illegal lockout — person
Every person who, acting on behalf of a school board, declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.
Penalty for illegal strike — bargaining agent
Every bargaining agent that declares or authorizes a strike of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000.
Penalty for illegal strike — officers
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 summary conviction to a fine of not more than $2,000.
Each day that a school board, person acting on behalf of a school board, bargaining agent, or officer or representative of a bargaining agent contravenes a provision of this Act constitutes a separate offence.
S.M. 1996, c. 71, s. 7; S.M. 2000, c. 43, s. 4.
[Repealed]
S.M. 1993, c. 48, s. 91; S.M. 1996, c. 71, s. 8 to 30; S.M. 1998, c. 35, s. 8; S.M. 2000, c. 43, s. 4.
GRANTS AND LEVIES
EDUCATION SUPPORT PROGRAM
In this Part and in Parts X and XI,
"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 financial support 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 school divisions that is under the administration of the minister; (« programme d'aide en capital »)
"council" where used to refer to the council of a municipality means
(a) in the case of a city, town, village or rural municipality, the council thereof,
(b) in the case of a local government district, the resident administrator thereof, and
(c) in the case of a special locality, the Minister of Aboriginal and Northern Affairs; (« conseil »)
"education support levy" means a levy imposed under section 184 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 »)
"municipal board" means the Municipal Board under The Municipal Board Act; (« Commission municipale »)
"municipality" means a city, town, village, rural municipality, local government district or special locality not within a school district or in the case of a city, town, village, rural municipality, local government district or special locality part of which is within a school district means that part thereof that is not within the school district; (« municipalité »)
"operational support" means financial support, 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 school divisions that is under the administration of the minister; (« programme d'aide de fonctionnement »)
"regulations" means regulations made under this Part; (« règlements »)
"special locality" means a community or an incorporated community in northern Manitoba as these 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 »)
S.M. 1988-89, c. 13, s. 36; S.M. 1989-90, c. 24, s. 91; S.M. 1991-92, c. 20, s. 15 to 17; S.M. 2000, c. 35, s. 71; S.M. 2002, c. 39, s. 535; S.M. 2006, c. 24, s. 61; S.M. 2020, c. 21, s. 109.
Application of Part in L.G.D.'s and special localities
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 thereof; 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 of Aboriginal and Northern Affairs.
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) a school division or school district;
(d) a municipality;
(e) the resident administrator of a local government district.
CAPITAL SUPPORT PROGRAM
Administration of capital support program
The minister is to administer the capital support program.
Criteria that minister must consider
In administering the capital support program, the minister must consider the following factors:
(a) the curriculum and instructional needs of programs offered by school divisions;
(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 lands and buildings within a school division and across school divisions.
The minister may provide capital support to school divisions out of money appropriated by an Act of the Legislature for that purpose, at the times and in the manner determined by the minister.
Capital support for early learning and child care
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.
Capital support provided to a school division is subject to the terms and conditions specified by the minister.
Administering capital support program
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 the government agency.
On or before February 15 in each year, the minister must notify each school division of the amount of capital support that will be provided to the school division in the coming fiscal year.
OPERATIONAL SUPPORT PROGRAM
Administration of operational support program
The minister is to administer the operational support program.
The minister may provide operational support to school divisions out of money appropriated by an Act of the Legislature for that purpose, at the times and in the manner determined by the minister.
On or before February 15 in each year, the minister must notify each school division of the amount of operational support that will be provided to the school division in the coming fiscal year.
Reports, etc. from school divisions
A school division 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 school division the minister requires, and the minister may make copies of such contracts or documents.
The minister may withhold the payment of all or part of any operational support payable to a school division until the school division has complied with any requirement under subsection (1).
173(1) to (4) [Repealed] S.M. 2020, c. 21, s. 111.
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) a school division; or
(b) a municipality all or part of which is in a school division 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 school division in any year by the whole or a part of the amount of such payments that the school division receives or is entitled to receive in that year.
173(6) and (7) [Repealed] S.M. 2020, c. 21, s. 111.
S.M. 1991-92, c. 20, s. 18 to 21; S.M. 2011, c. 3, s. 6; S.M. 2020, c. 21, s. 111.
[Repealed]
S.M. 1991-92, c. 20, s. 22; S.M. 2020, c. 21, s. 112.
[Repealed] S.M. 1997, c. 27, s. 4.
S.M. 1991-92, c. 20, s. 23; S.M. 1997, c. 27, s. 4; S.M. 2004, c. 15, s. 17; S.M. 2020, c. 21, s. 113.
Renumbered as section 194.1.
Repealed
S.M. 1991-92, c. 20, s. 24 to 26; S.M. 1993, c. 33, s. 7; S.M. 1998, c. 35, s. 9; S.M. 2011, c. 3, s. 7; S.M. 2020, c. 21, s. 115.
[Repealed]
[Repealed] S.M. 1989-90, c. 24, s. 91.
[Repealed] S.M. 2020, c. 21, s. 115.
S.M. 1989-90, c. 24, s. 91; S.M. 2000, c. 35, s. 71; S.M. 2004, c. 15, s. 18; S.M. 2020, c. 21, s. 115.
SCHOOL BOARD BUDGETS
A school board shall not approve its annual budget until it has
(a) consulted each parent advisory council, local school committee or school committee in the school division or school district; and
(b) presented its proposed budget at an open meeting of the board and heard from persons present wishing to make submissions regarding it.
At least 14 days before the open meeting at which its proposed budget will be presented, a school board must provide public notice of the meeting.
Each school board shall, on or before March 31 of each year, submit to the minister in the manner and form prescribed by the minister, an estimate of its proposed budget for the immediately ensuing fiscal year.
S.M. 1988-89, c. 13, s. 36; S.M. 1991-92, c. 20, s. 28; S.M. 1996, c. 51, s. 15; S.M. 2002, c. 8, s. 17; S.M. 2013, c. 31, s. 8.
179(1) and (1.1) [Repealed] S.M. 2020, c. 21, s. 117.
Before estimating the amount of support to be provided to any school division, the minister may refer the estimates of the school division back to the school board thereof for further consideration of items in respect of which support will be provided.
S.M. 1991-92, c. 20, s. 29 and 30; S.M. 2020, c. 21, s. 117.
[Repealed]
S.M. 1991-92, c. 20, s. 31; S.M. 2020, c. 21, s. 118.
EDUCATION SUPPORT LEVY
Amount to be raised by education support levy
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 school divisions for the coming fiscal year.
S.M. 1989-90, c. 24, s. 91; S.M. 1991-92, c. 20, s. 33; S.M. 2002, c. 8, s. 18; S.M. 2006, c. 24, s. 62; S.M. 2020, c. 21, s. 119.
Amount to be raised by municipality
Subject to subsection 191(6), 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 181, 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.
S.M. 1989-90, c. 24, s. 91; S.M. 2006, c. 24, s. 63; S.M. 2020, c. 21, s. 120.
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 182 and adjusted, if required, under subsection 191(6).
S.M. 1989-90, c. 24, s. 91; S.M. 2002, c. 8, s. 19; S.M. 2006, c. 24, s. 63; S.M. 2020, c. 21, s. 121.
Council to impose education support levy
Upon receiving the statement referred to in section 183, 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.
S.M. 1989-90, c. 24, s. 91; S.M. 2006, c. 24, s. 63.
Remittance of education support levy
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 183 as the amount to be raised by the municipality that year on assessable property other than farm and residential property.
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).
S.M. 1989-90, c. 24, s. 91; S.M. 2006, c. 24, s. 64; S.M. 2020, c. 21, s. 122.
SPECIAL LEVY
Notice to school divisions by minister
On or before February 15 in each year, the minister must notify each school division of the amount of support that will be provided to the school division in the coming fiscal year.
[Repealed] S.M. 2020, c. 21, s. 123.
On or before February 15 in each year, the minister must notify each school division of the amount of the total school assessment applicable to the school division and each municipality within the school division for that year.
Apportionment of additional revenues
Subject to subsection (3), and after receiving notice under subsection (1), a school board shall estimate the amount of revenue that will be required to be raised by a special levy and shall apportion to each municipality within the school division 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 school division.
Apportionment of additional revenues in amalgamated division by differential mill rates
Subject to subsections (4), (5) and (6), and after receiving notice under subsection (1), a school board of an amalgamated school division shall 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 may apportion revenue to each municipality within the amalgamated division consistent with the levying of mill rates in differing amounts according to the boundaries of the original divisions that united to form the amalgamated division.
Three year limit for differential mill rates
An amalgamated school division may apportion revenue consistent with the levying of differential mill rates for a period of no more than three calendar years commencing on January 1 following the date of amalgamation.
At the end of the period in subsection (4), an amalgamated division shall apportion revenue consistent with the levying of a common mill rate throughout the division.
Maximum differential mill rate
A differential mill rate imposed under this section shall not exceed the highest mill rate imposed by any of the original divisions in the calendar year of the amalgamation.
S.M. 1989-90, c. 24, s. 91; S.M. 1991-92, c. 20, s. 34 and 35; S.M. 1998, c. 35, s. 10; S.M. 2020, c. 21, s. 123.
-186.2 [Repealed]
S.M. 1993, c. 16, s. 2; S.M. 1997, c. 27, s. 5.
On or before March 15 in each year, the school board of each school division shall send to each municipality within the school division a statement setting out the amounts that have been apportioned in that year to the municipality in accordance with section 186 and shall send to the minister a statement showing the amounts that have been apportioned to each municipality all or part of which are within the school division.
S.M. 1989-90, c. 24, s. 91; S.M. 2020, c. 21, s. 124.
Special levy in municipalities
Upon receiving a statement under section 187, the council of the municipality shall, in respect of real and personal property that is assessable property and that is within the municipality and the school division, fix and impose a tax sufficient to raise the amount that is apportioned to the municipality and set out in the statement under section 187.
Remittance of allowance to school division
At the times and in the manner prescribed in the regulations, each municipality within a school division shall remit to the school board of the school division the amounts apportioned to the municipality and set out in the statements sent to it under section 187.
A school division 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 189.
Transfer of special levy to francophone school division
Each year, the school board of the school division in which a pupil of the francophone school division resides, at the times and in the manner prescribed by regulation, shall remit to the francophone school board an amount equivalent to the total raised by the special levy on assessable property, divided by the number of pupils resident in that school division attending public schools, multiplied by the number of pupils resident in that division attending a program provided by the francophone school board as of September 30 in each year.
VARIATION OF APPORTIONMENT
Appeal of division apportionment
Where a municipality is affected by an apportionment made in any year under this Part by a school division, or, where the municipality is a special locality, the Minister of Aboriginal and Northern Affairs, may on giving 30 days notice in writing to
(a) the school board making the apportionment; and
(b) each other municipality affected by the apportionment;
appeal against the apportionment to the municipal board.
The municipal board shall hear the appeal and determine the amounts
(a) that should, as provided herein, be apportioned for the year to each of the municipalities all or part of which are within the school division which made the apportionment; and
(b) which each of the municipalities are required to raise by levying a rate.
Discretion of municipal board on appeal
In determining the amounts that should be apportioned to municipalities under this Part in any year and which the municipalities are required to raise by levying a rate, the municipal board, on an appeal under this section, has an absolute discretion and is not bound by any provision of this Act, and its decision is final.
The municipal board shall not hear an appeal under this section unless the notice required under subsection (1) is given within 30 days of the date on which the notice of apportionment was given in accordance with section 187 by the school board to the municipality appealing.
Effect of variations by municipal board
Where, on an appeal under this section, the municipal board varies an apportionment made under this Part by a school division in any year, the amounts payable to the school division by the municipality in that year as set out in the statement sent by the school board under section 187 shall not be altered; but the school board shall, in the next following year adjust the apportionment made under subsection 186(2) by allowing credits or apportioning extra amounts, as the case requires to the municipalities affected to make up for the variations made by the municipal board.
Correction of calculation by minister
If, after sending the statements under section 183 in any year, the minister discovers an error in its calculation of the amounts required to be raised by education support levies in that year it shall adjust its calculation of the amounts required to be raised by education support levies in the next following year by allowing credits or charging extra amounts as the case requires, to the municipalities affected to make up for the error.
S.M. 2000, c. 35, s. 71; S.M. 2006, c. 24, s. 65; S.M. 2020, c. 21, s. 126.
REGULATIONS
The Lieutenant Governor in Council may make regulations
(a) prescribing the amount of and manner in which support is to be calculated;
(b) prescribing the times at which and the manner in which support is to be provided to school divisions;
(c) respecting the terms and conditions subject to which support is to be provided to school divisions;
(d) prescribing procedures whereby school divisions may submit matters to the minister for approval;
(e) for the purpose of subsection 172.2(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) authorizing or requiring school divisions to transport pupils;
(g) prescribing the times at which and the manner in which municipalities must remit to the Minister of Finance and to the school division amounts required to be remitted under this Part;
(h) prescribing the times at which and the manner in which school boards must remit amounts required to be remitted to the francophone school division under section 190.1;
(i) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Act.
[Repealed]
OTHER FINANCIAL PROVISIONS
For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) prescribing the amount and manner in which grants to be provided to school districts under this Part shall be calculated;
(b) prescribing the times at which and the manner in which grants to be provided under this Part shall be provided to school districts;
(c) prescribing the terms and conditions subject to which grants shall be provided to school districts;
(d) prescribing the amount by which the grant may be reduced.
The Lieutenant Governor in Council may make regulations respecting the payment of grants to school divisions, in addition to support that may be provided, to assist in establishing and maintaining evening schools and programs approved by the minister that are not supported either in whole or in part under the capital support program or the operational support program.
Definition: "administrative costs"
In this section, "administrative costs" means the administrative costs of operating a school division or school district that are prescribed by the minister.
Control of administrative costs
The minister may by regulation
(a) prescribe administrative costs for the purpose of this section;
(b) establish reporting requirements for administrative costs budgeted or incurred by school divisions and school districts; and
(c) set limits on administrative costs.
A regulation under subsection (2) may set different limits for different school divisions and school districts.
If in any year the administrative costs of a school division or school district exceed the prescribed limits, an amount not greater than the excess may be withheld from any operational support payable to the school division or school district.
S.M. 2002, c. 8, s. 16; S.M. 2020, c. 21, s. 114.
The Minister of Finance, on the requisition of the minister, shall make such grants as may be determined under the regulations made under section 194.
Grants to educational organizations
The Minister of Finance, on the requisition of the minister, may make such grants to organizations or groups all or part of whose objects or purposes are, in the opinion of the minister, to foster educational projects.
[Repealed]
S.M. 2008, c. 29, s. 4; S.M. 2013, c. 29, s. 15.
The Minister of Finance, on the requisition of the minister, may make special grants to school divisions or school districts from money authorized by an Act of the Legislature to be paid for that purpose.
Where under the regulations the minister prescribes the number of days a school must be operated before the whole or any part of a grant is paid to the school division, any day during which a school is closed
(a) by reason of sickness of the teacher, but in any case not exceeding the sick leave entitlement under section 93; or
(b) by order of the health officer under The Public Health Act or regulations made thereunder; or
(c) by reason of the use of the school building for the purpose of holding an election; or
(d) under the regulations;
shall, if the teacher is entitled to receive his salary for that day, be deemed to be a teaching day on which the school is operated within the meaning of the regulations.
Moneys payable to school divisions a debt of municipality
All moneys payable to a school division by a municipality and remaining unpaid after the date fixed by this Act, or the regulations for the payment thereof, are a debt owed by the municipality to the school division.
A school division may, with the approval of the minister, establish reserves.
In this section, "securities" means bonds, debentures, promissory notes, deposit certificates, treasury bills, trust certificates, guaranteed investment certificates or other documents evidencing debt.
Investing moneys not immediately required
A school board 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.
All moneys received by the Minister of Finance under clause 201(2)(b) shall form a part of the trust funds of the government and shall be held in a separate account known as the "School Division's Reserve Fund Account", and a statement of the amount to the credit of each school division shall be set forth annually in the public accounts of the government.
S.M. 1996, c. 51, s. 16; S.M. 1998, c. 35, s. 11.
[Repealed]
S.M. 1996, c. 51, s. 16; S.M. 1998, c. 35, s. 12.
[Repealed]
Instruction in public institutions
In the case of public institutions supported in whole or in part by the government, the minister may, in his discretion, establish and maintain facilities for the instruction of pupils therein and may pay the costs incidental thereto including the salary of the teacher or any part of those costs out of the moneys annually authorized by an Act of the Legislature to be so paid and applied.
School facilities in unorganized territory, etc.
In the case of unorganized territory or any other place where there is no school division or school district and where, in the opinion of the minister, it is inexpedient to establish a school division, the minister, in his discretion, may
(a) establish and maintain school facilities for the instruction of pupils;
(b) provide for the erection, maintenance and furnishing of a school;
(c) pay all or part of the salary of a teacher;
(d) operate a bus route and transport children to and from an existing school or pay all or part of the cost of board and room in lieu of transportation;
(e) pay all or any part of such tuition fees as may be determined by mutual agreement with the school board and all or any part of the costs of, or incidental to, any of the things hereinbefore mentioned out of the moneys annually authorized by an Act of the Legislature to be so paid and applied.
Minister to have powers of trustees
Where a school is established or services provided under section 206, the minister shall perform all the duties of and has all the powers vested in a school board under this Act.
School must be conducted according to law
Where a school, in the opinion of the minister is not conducted as required by this Act or any other Act or by the regulations or where the principal thereof, or the school board to which the school belongs has not complied with the requirements of this Act respecting the duties of trustees and teachers, the school shall be deemed not to be a school.
Where the minister is of the opinion that a school has been conducted substantially as required by law and the regulations, and that any departure therefrom is of an unimportant character and has been caused, bona fide, by mistake or inadvertence, he may cause the usual proportion of the grants to be paid to the school division.
Subsection (2) does not apply to the case of a school that has been conducted in violation of the provisions of sections 80 to 85.
209 and 210 [Repealed]
Children attending another school
A person residing in a school division and sending his children to a school not operated by that school division is liable for the payment of all rates assessed on his taxable property for the school purposes of the school division in which he resides.
RESPONSIBILITY FOR
SCHOOL MONEYS
Responsibility for default of treasurer
Every municipality and local government district is responsible to the Crown in right of Manitoba, and to all other persons interested, for ensuring that all school moneys coming into the hands of the treasurer of the municipality or of the resident administrator of the local government district by virtue of his office, are duly paid over and accounted for by him according to law.
The municipal treasurer or the resident administrator and their respective sureties are, in like manner, responsible and accountable for the moneys to the municipality or local government district; and any bond or security given by any of them for the due accounting for, and paying over of, moneys coming into the hands of the municipal treasurer or resident administrator and belonging to the municipality or local government district applies to school moneys and may be enforced against the treasurer or resident administrator and their respective sureties in case of default on the part of the treasurer or resident administrator.
Enforcing payment of school moneys
In the case of default in paying over school moneys, the Crown in right of Manitoba may enforce the responsibility of the municipality or local government district, either by stopping a like amount of any public moneys payable to the municipality or local government district or to the treasurer or resident administrator thereof or by any action or proceeding in a court of law against the municipality or local government district.
Any person aggrieved by the default of a municipal treasurer or resident administrator may recover from the municipality or local government district the amount due or payable to that person, as money had and received to his use.
Municipal advances for current expenses
A municipality may make advances to any school division within the municipality, prior to the levying or collecting of the taxes for which provision is made, in such amounts of money as may be required by the school board for current expenses, and the municipality may borrow money for such purposes.
Subject to subsection (7), the Lieutenant Governor in Council may authorize the guaranteeing of the repayment of the whole or any part of the moneys so borrowed, in such manner, and subject to such conditions, as the Lieutenant Governor in Council may prescribe.
The total amount that may be guaranteed under this section shall not exceed the sum of $500,000.
Borrowing by municipality for deficiency for schools
Where a municipality, by reason of inability to collect its taxes is unable to pay to the minister or a school division the whole or any portion of the moneys payable by the municipality under this Act, or to repay any portion of moneys previously borrowed and guaranteed under this section, and the school board is unable to maintain the school in operation without the payment of those moneys, the municipality on the authorization of a by-law passed by the council may borrow by promissory note or by bank overdraft, repayable with interest at such rate and at such times as may be provided in the by-law, the amount of money by which the returns from the levies are deficient together with the amount so previously borrowed and guaranteed and still owing and unpaid.
A by-law passed under subsection (8) is subject to the approval of The Municipal Board.
S.M. 1992, c. 58, s. 27; S.M. 1996, c. 58, s. 468; S.M. 2012, c. 40, s. 38; S.M. 2020, c. 21, s. 129.
[Repealed]
S.M. 1991-92, c. 20, s. 37; S.M. 1996, c. 58, s. 468; S.M. 2005, c. 27, s. 162; S.M. 2020, c. 21, s. 130.
214 and 215 [Repealed]
[Repealed]
S.M. 2005, c. 27, s. 162; S.M. 2020, c. 21, s. 130.
[Repealed]
S.M. 2005, c. 27, s. 162; S.M. 2020, c. 21, s. 130.
[Repealed]
A school division may not borrow money except in accordance with this Act or another Act.
A school division may, if authorized by by-law of the school 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.
The total amount of a school division's short-term borrowing outstanding at any time must not exceed
(a) the amount of the estimate of the approved expenses of the school division for the current year;
(b) if an estimate under clause (a) has not been made, the amount of the approved expenses of the school division for the last preceding year; or
(c) any greater amount approved by the Lieutenant Governor in Council.
Definition of "short-term borrowing"
In this section, "short-term borrowing" means borrowing or raising money on terms that require it to be repaid within one year.
In addition to its short-term borrowing authority, a school division 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.
The terms and conditions of borrowing under this section are to be determined by the Minister of Finance in consultation with the school division.
Advance out of Consolidated Fund
Money required for a loan from the government under section 223.2 or 223.3 may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.
A school division 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 school division's borrowing authority under this Act, The Financial Administration Act or any other Act.
The terms and conditions of securities under this section are to be determined by the Minister of Finance in consultation with the school division.
The securities must bear the seal of the school division and include the original or copy of the signature of the chair or vice-chair and the secretary-treasurer.
Evidence of validity of security
A reproduction of the seal or a copy of the signature of the chair, vice-chair or secretary-treasurer on a security is valid and binding on the school division for all purposes without proof of the seal, or of the signature or appointment of the person signing the security.
A recital or declaration in a school board resolution or in the school board minutes authorizing the issue or sale of a security is conclusive evidence of the authorization.
A school division 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 school division's debt as it falls due.
Investments and interest paid to school division
At the request of a school division, the Minister of Finance must pay to the school division interest earned on money invested under subsection (1).
Money and investments held by a school division that were to be applied to the repayment of any of the securities issued by the school division before the coming into force of this section are, on the coming into force of this section, deemed to be held by the Minister of Finance for debt repayment under subsection (1).
Agreement about terms and conditions
A school division may enter into an agreement with the Minister of Finance respecting the terms and conditions of borrowing by the school division, government guarantees and the issuance of securities.
The Minister of Finance may act as agent for a school division respecting any matter referred to in this Part.
Short-term borrowing in other currencies
The maximum number of dollars authorized for a school division's short-term borrowing may be borrowed in the same number of dollars in the currency of the United States.
If a school division 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.
Transitional — existing debentures or other securities
Subsection 213(9) (registerable debentures) and section 218 (incontestability) of this Act, as those provisions read immediately before the coming into force of this section, continue to apply to a debenture or other security issued under Part XI (Borrowing) before the coming into force of this section.
PROHIBITIONS AND PENALTIES
Making false reports an offence
Every trustee who signs a report, record or statement knowing it to be false, and every employee who keeps or signs a false report, record or statement knowing it to be false, with a view to obtaining for the school division or school district a larger amount of money than that to which it is entitled, is guilty of an offence and liable, on summary conviction, to a fine of not more than $100.
Personal liability of trustees
Where a school board neglects or refuses to exercise its corporate powers for the fulfilment of any contract or other agreement made by the school board, each member of the school board is personally liable to every person who suffers loss or damage by reason of the neglect or refusal for the loss or damage suffered.
Every person who neglects, refuses or fails to comply with subsection 54(2) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. or to imprisonment for a term not exceeding one month or to both.
[Repealed]
Field representative not to be trustee
Subject to subsection (2), no field representative shall be a trustee.
Field representative may be official trustee
A field representative may be appointed as an official trustee.
No grant shall be paid to any school division or school district that fails to comply with the requirements of this Act and the regulations with respect to the providing and setting up of a flag pole.
No member of the staff of the department shall act as agent for any person in the sale, or in promoting the sale of anything for use in a school or receive any remuneration or other compensation for the sale or for the promotion thereof.
No employee of a school board shall act as agent for any person in promoting the sale of anything for use in a school in the school division or school district in which the employee is employed, or receive any remuneration or other compensation for the sale or any promotion thereof.
Selling goods, etc. prohibited without approval
No person shall canvass or sell or offer to sell goods, services or merchandise to a teacher or a pupil on school premises without the prior approval of the school board or a designate of the school board.
No person shall
(a) disturb or interrupt a school, a class in a school, or an activity of a school by his or her actions on school premises or in close proximity to school premises; or
(b) trespass on school premises.
Direction to leave school premises
A principal or a person authorized by the school board may direct any person to leave school premises who
(a) causes a disturbance or interruption of a kind described in clause (2)(a);
(b) trespasses on school premises; or
(c) is present on school premises for a purpose not reasonably associated with the normal functioning of the school.
A person who is directed to leave school premises under subsection (3)
(a) shall immediately leave the premises; and
(b) if the person has been given an oral or written notice to that effect by the principal or person authorized by the school board, shall not enter on school premises again except with the prior approval of the principal or authorized person.
Assistance from a peace officer
The principal or a person authorized by the school board may, in order to maintain order on school premises or to enforce a notice given under clause (4)(b), require adequate assistance from a peace officer.
A person who contravenes this section is guilty of an offence and is liable on summary conviction,
(a) in the case of an offence under subsection (1), to a fine of not more than $1,000.; and
(b) in the case of an offence under subsection (2) or (4), to a fine of not more than $5,000.
Court order relating to offence
When a person is convicted of an offence under subsection (2) or (4), the court may, in addition to imposing a fine, make an order having one or both of the following effects:
(a) prohibiting the person from entering or being on the school premises in respect of which the offence was committed;
(b) requiring the person to comply with any conditions 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.
Exclusion of pupils for infectious diseases
No person suffering from a contagious or infectious disease, or who is affected with vermin, or who resides in a house in which any contagious or infectious disease or vermin exists, is entitled to attend or enter a public school during the existence of the contagious or infectious disease or vermin or at any time thereafter, until he presents to the principal of the school a certificate of a duly qualified medical practitioner that there is no longer any danger to the other pupils of the school of contagion or infection or of being affected with vermin.
Action of school board in absence of physician
Notwithstanding subsection (1), the school board may, in the absence of any duly qualified medical practitioner, admit any person who is not entitled to enter the school under that subsection without such a certificate if it is satisfied that there is no danger of contagion or infection by reason of the admission of that person.
Penalty of contravening section 232
Any person who enters a public school or a parent or guardian of a child who knowingly sends a child to a public school in contravention of section 232, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50.
Penalty for failure to secure proper treatment
A parent or guardian whose child is not entitled to enter a school because of contagious or infectious disease or vermin as provided in section 232, and who refuses or neglects to have proper treatment, medical or otherwise, given to the child, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50.
Penalty for failure to have child examined
A parent or guardian whose child is suspected of having a contagious or infectious disease and has been excluded from school for that reason, and who refuses to have his child examined by a duly qualified medical practitioner when facilities for such an examination are provided is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50.
Prohibition regarding offensive weapons
Unless authorized by a school board, it is an offence to carry to school an offensive weapon as defined in the Criminal Code.
Where a pupil commits an offence, under subsection (1), the pupil, if he is of the age of majority, or his parent or guardian if he is under the age of majority, is liable, on summary conviction, to a fine of not less than $10. and not more than $100.
The penalty for which provision is made in this section is in addition to any other penalties or punishments under any other Act in force in the province.
Penalty for violation of the Act
Every person who contravenes, or who omits, fails, neglects or refuses to comply with any provision of this Act or the regulations is guilty of an offence, and if no penalty is specifically provided therefor, is liable, on summary conviction, to a fine of not less than $10. and not more than $200. and, in default of immediate payment thereof, to imprisonment for not more than six months.
Giving false information offence and penalty
Every person who, without lawful excuse, refuses or neglects to furnish the information required of him under section 241 or under any other provision of this Act, or wilfully gives false information, or practises any deception with respect to information required of him under this Act, or violates subsection 241(2), is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. and, in default of payment thereof, to imprisonment for a term not exceeding three months.
SPECIAL PROCEEDINGS
ADMINISTRATION OF SCHOOLS
IN UNORGANIZED TERRITORY
Voters list in unorganized territory
Before the date specified by the minister, a person designated by the minister must compile a voters list for any school division or school district in unorganized territory.
The voters list must be compiled in accordance with The Municipal Councils and School Boards Elections Act as if the unorganized territory were in a local authority, and for that purpose the person designated by the minister has all the powers and duties of a senior election official under that Act.
A voters list prepared under this section continues to be the voters list for the school division or school district in unorganized territory until a subsequent list is prepared.
[Repealed]
CENSUS
A school board, or the minister, where he considers it necessary, may take a census or make an enumeration of the children resident in the school division or school district or any portion thereof; and, for those purposes, the school board, or the minister, as the case may be, may
(a) prescribe a form for the purpose of compiling such information as may be required; and
(b) appoint such officers as are necessary in order to complete the census.
Restriction of taking of census
Unless authorized by this Act, no person shall take, or represent that he is taking a census, or make, or represent that he is making a census or an enumeration of the children in any school division or school district or any portion thereof.
Every officer appointed under subsection (1) shall certify that the information which has been procured by him under this section is correct to the best of his knowledge and belief, and shall deliver it to the school board or the minister, as the case may be.
Information to be given to officers
Every person having the charge, custody or control of any child shall give to the officers appointed for the purpose mentioned under section 241 such information regarding the child as may be required under that section.
COMMISSION OF INQUIRY
Appointment of commission to hold inquiry
Where the minister deems it necessary, he may appoint a commission to hold an inquiry and report to him on any school matter.
Every person appointed under subsection (1) may for the purpose of the inquiry, take evidence from witnesses under oath or solemn affirmation.
A person appointed under subsection (1), shall receive such remuneration as the minister deems to be reasonable.
When an inquiry is made the cost of the inquiry and the report shall be paid as the commission directs.
Compelling attendance of witnesses
In any inquiry that the minister is by law authorized to institute, make or direct, a writ of subpoena ad testificandum or subpoena duces tecum may issue from the Court of Queen's Bench, upon the praecipe of the minister therefor, containing the names of the witnesses intended to be summoned thereby; and any such writ shall be directed to such a person as the minister may designate, requiring him to attend and give evidence under oath at such time and place, and before such person as the minister may appoint.
Penalty for default by person summoned
Any person who refuses or fails to obey any such subpoena is guilty of an offence and is punishable as in the like case in any action or cause in the Court of Queen's Bench.
ARBITRATIONS
Appointment of arbitrator to decide issues
Where two or more school boards fail to reach an agreement upon any matter affecting them if, in the opinion of the minister, it is desirable in the interest of the school boards that the issue should be decided, the minister may appoint an arbitrator to decide such matters as he may submit to the arbitrator; and the award of the arbitrator is final and binding upon the school boards concerned.
The minister may appoint a person to act as secretary to the arbitrator appointed under subsection (1).
The person appointed arbitrator under subsection (1) and the person appointed secretary under subsection (2) while engaged in carrying out the duties under this section shall be paid such remuneration and out-of-pocket expenses as may be approved by order of the Lieutenant Governor in Council.
In making an award an arbitrator shall determine the liabilities of the parties concerned with respect to the costs of the arbitration; and the determination is final and conclusive.
Notwithstanding this Act or any other Act of the Legislature, and notwithstanding the insufficiency or uncertainly of, or any error, omission or defect in, any arbitration proceedings, or the submission thereto, or the award thereunder, or any of them taken, had, or made, under this Act, or any other Act of the Legislature for which this Act was substituted, before or after the coming into force of this Act, the proceedings, the submission and the award are
(a) on the making of the award; or
(b) if there is a right of appeal from the award, on expiration of the time for the appeal or on the final disposition of the appeal;
valid and binding, and the proceedings, the submission and the award and each of them, shall not be questioned in any action, suit or proceeding, in any court on account of the insufficiency, error, omission, defect or uncertainty thereof.
FAILURE TO ACCOUNT
Application to court for documents, etc.
Where
(a) the secretary-treasurer of a school division or school district; or
(b) a person who has been a secretary-treasurer of a school division or school district; or
(c) any other person;
has in his custody or possession any books, papers, accounts, documents, chattels or moneys of the school division or school district, as the case may be, and he wrongfully withholds or neglects or refuses to deliver up or account for or pay over the books, papers, accounts, documents, chattels or moneys, as required by this Act
(d) a majority of the trustees of the school board; or
(e) any two voters of the school division or school district; or
(f) the minister; or
(g) any person designated by the minister;
may apply to a judge of the Court of Queen's Bench for an order for the purpose.
Application to be supported by affidavit
An application under subsection (1) shall be supported by an affidavit of the applicant setting out, among other things, that the applicant knows or has reason to believe that the person who refuses to comply with subsection (1) has in his custody or possession any books, papers, accounts, documents, chattels or moneys, as the case may be, and that he wrongfully withholds or neglects or refuses to deliver them up to the school division or school district as required by this Act.
On the date, time and place fixed to hear the application, the judge, if he is satisfied that the respondent was duly served with a copy of the application, supporting affidavit and appointment for the hearing of the application, shall proceed to hear and determine the application, notwithstanding that the respondent is not present at the hearing.
If the judge, after the completion of the hearing is satisfied that the applicant's case is supported by the evidence heard by him, he shall issue an order requiring the respondent to deliver up the books, papers, accounts, documents, chattels or moneys, as the case may be, to the school board concerned and may in the case of moneys require the respondent to account therefor and may order the respondent to pay the costs of the hearing.
The taking of proceedings under section 247 and subsection (1) does not impair or affect any other remedy that the school board may have against the secretary-treasurer of the school division or school district, or other person who has been the secretary-treasurer, or his sureties, or against any trustee or other person as aforesaid.
Powers of field representative
For the purpose of investigating a complaint or inquiry into an appeal under this Act, the field representative has like powers and protection as are conferred upon a commissioner appointed under Part V of The Manitoba Evidence Act.
Appeal from field representative's finding
Any voter of a school division or school district may appeal as provided in this section from the finding or award of a field representative to a judge of the Court of Queen's Bench.
The appeal shall be made within a period of 14 days from the date of the issuing of the finding or award unless a judge of the court on application either before or after the expiration of the period, extends it for such further period as he deems just; but the total period for making an appeal as extended shall not exceed 60 days from the date of the issuing of the finding or award.
The appeal shall set out the grounds of appeal.
The notice of appeal together with an appointment from the judge shall be served upon the field representative, the secretary-treasurer of the school division or school district and, unless he is the appellant, the complainant and any other party affected by the award at least 14 days prior to the date fixed for the hearing of the appeal, and a copy of the notice and the appointment shall be sent to the minister.
The appeal shall be a hearing de novo.
In determining an appeal under this section, the judge shall fix and settle the costs thereof and may direct by whom they shall be paid.
[Repealed]
[Repealed]
S.M. 1997, c. 27, s. 6; S.M. 2005, c. 8, s. 11; S.M. 2011, c. 3, s. 8.
In accordance with this Act, a person who
is six years of age or older on December 31 in a year has the right to attend school from the beginning of the fall term of that year until
(a) the last school day of June in the year in which the person becomes 21 years of age; or
(b) the day the person receives a graduation diploma or certificate of completion, as defined in the regulations;
whichever comes first.
The minister may make regulations defining "graduation diploma" and "certificate of completion" for the purpose of clause (1)(b).
S.M. 1997, c. 27, s. 7; S.M. 2010, c. 21, s. 6.
A child of compulsory school age shall attend school.
Subsection (1) does not apply to a child described in clauses 262(a) to (j).
Offence if 16 years of age or older
A child 16 years of age or older who is required to attend school under this section and who refuses to attend, or who is habitually absent from school, is guilty of an offence and is liable on summary conviction to a fine of not more than $200.
Subsection (3) applies only in respect of a child who has withdrawn from parental control.
Responsibility to send child to school
A parent or legal guardian of a child who is of compulsory school age must ensure that the child attends school.
Subject to section 262, any person who fails or refuses to comply with subsection (1) is guilty of an offence.
Notwithstanding that a pupil is over compulsory school age, he or she is subject to the rules of the school board in matters pertaining to school attendance.
[Repealed] S.M. 1999, c. 14, s. 4.
S.M. 1999, c. 14, s. 4; S.M. 2011, c. 3, s. 10.
The parent or guardian of a child who is a pupil in a home school shall, in a form approved by the minister, notify the minister of the establishment of the home school.
When notification to take place
The parent or guardian shall, in a form approved by the minister, notify the minister about the home school when it is first established and on or before September 1 in each year.
Information to be provided to minister
Within 30 days after a home school is first established and on or before September 1 in each year, the parent or guardian shall provide the minister with the following information:
(a) the name and birth date of each pupil in the school;
(b) the name of the school or school division each pupil would otherwise attend; and
(c) an outline of the education program and grade level for each pupil.
The parent or guardian shall provide the minister with periodic progress reports on each pupil in the home school. The reports must contain the information and be provided according to a schedule determined by the minister.
S.M. 2000, c. 15, s. 4; S.M. 2011, c. 3, s. 11.
[Repealed] S.M. 1999, c. 14, s. 5.
A school board shall, upon being notified that an order has been made under The Public Health Act that requires a pupil who attends school in the school division or school district the board administers to refrain from attending school, promptly exclude the pupil from attendance at the school, and shall not permit the pupil to resume attendance at that or any other school in the school division or school district while the order is in effect.
S.M. 1999, c. 14, s. 5; S.M. 2006, c. 14, s. 115.
No person is guilty of an offence under subsection 260(2) for failing or refusing to ensure that his or her child attends school if
(a) the child is in regular attendance at an independent school, as defined in The Education Administration Act;
(a.1) in the case of a child who is 16 years of age or older, the child is enrolled in an adult learning centre registered under The Adult Learning Centres Act and is taking a program of study leading to a high school diploma;
(b) the field representative certifies that in his opinion the child is currently receiving a standard of education at home or elsewhere equivalent to that provided in a public school;
(c) the child is unable to attend school by reason of sickness or other unavoidable cause or is excluded from attendance under subsection 261(2);
(d) the child is absent from school on any day regarded as a holy day by the church or religious denomination with which the child is affiliated;
(e) [repealed] S.M. 2011, c. 3, s. 12;
(f) the principal of the school has suspended the child from the school and the suspension is still in effect;
(g) the child has been expelled and has not been permitted to enrol in another school division;
(h) the child has received, or has completed the necessary requirements to receive, a graduation diploma or certificate of completion, as defined in the regulations made under subsection 259(2);
(i) the child is at least 15 years of age and is participating in an activity or program provided for in the regulations made under section 262.2;
(j) the child is absent or excused from school as authorized under this Act, a regulation made under this Act or another enactment; or
(k) the child is at least 16 years of age and has withdrawn from parental control.
S.M. 2011, c. 3, s. 12; S.M. 2021, c. 4, s. 28.
Transition: persons who have already stopped attending school
A person is deemed not to be a child of compulsory school age under section 1.1 if he or she, on the day this section comes into force,
(a) is 16 years of age or older; and
(b) has stopped attending school.
If person begins attending school again
Subsection (1) ceases to have effect in respect of a person who has stopped attending school if he or she begins attending school again.
Regulations: participation in alternative activities and programs
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.
Without limitation, a regulation made under subsection (1) 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.
In the case of a child who is 16 years of age or older who has withdrawn from parental control, a regulation under this section may provide that any right or responsibility given to or imposed on the child's parent or legal guardian is instead given to or imposed on the child.
Employment of children prohibited
Subject to any other provisions of this Act or any other Act of the Legislature, no employer as defined under The Employment Standards Code shall employ an individual during those hours in which the individual is required to be in attendance at a school.
Any employer who violates subsection (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding $500.
Designation of school attendance officers
Every school board shall appoint one or more school attendance officers or shall designate one or more of its employees as school attendance officers for the purpose of carrying out the provisions of this Part.
Jurisdiction of school attendance officer
For the purposes of this Part, every school attendance officer has jurisdiction over each child who is a resident of or a pupil in the area for which the school attendance officer is appointed or designated, and over all other children within that area.
A school board shall make such rules as it considers necessary and expedient but not inconsistent with the provisions of this Act or the regulations, to direct and assist the school attendance officer in performing his duties and carrying out the provisions of this Part.
Powers of field representative
A field representative has all the powers of a school attendance officer.
Where a child is absent from school contrary to the provisions of this Act, the teacher or the employee recording school attendance, shall in writing, report the matter including the name of the child to the principal of the school.
In accordance with the regulations, a principal who receives a report of an absence under subsection (1) must, if satisfied that the child is in fact absent,
(a) report the absence to the child's parent or legal guardian; and
(b) inform them of their obligation to ensure that the child
(i) attends school, or
(ii) if the child is at least 15 years old, participates in an activity or program provided for in the regulations made under section 262.2.
Independent schools to report absence
Where a child who is enrolled at or is attending an independent school is absent from that school contrary to the provisions of this Act and the principal of the school is satisfied that the child is in fact absent, the principal must, in accordance with the regulations,
(a) report the absence to the child's parent or legal guardian; and
(b) inform them of their obligation to ensure that the child
(i) attends school, or
(ii) if the child is at least 15 years old, participates in an activity or program provided for in the regulations made under section 262.2.
Report to local school attendance officer
A 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 or legal guardian has been informed of the absence; and
(b) the parent or guardian has had a reasonable opportunity to comply with their obligations under this Act.
Regulations: reporting absences
The minister may make regulations
(a) respecting the principal's reporting a child's absence from school to the child's parent or legal guardian and the appropriate school attendance officer;
(b) respecting the manner and timing of reports referred to in clause (a), and the information they must contain.
S.M. 2011, c. 3, s. 14; S.M. 2021, c. 4, s. 28.
A school attendance officer for the purpose of carrying out the provisions of this Part has the power without warrant, to enter 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.
Authority to conduct absent child to school
Where pursuant to subsection (1) a school attendance officer enters any place mentioned in that subsection 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 the provisions of this Act, the school attendance officer, as he deems advisable, may take and conduct that individual to the school in which he is enrolled or to the home of the individual.
Where a school attendance officer is in receipt of a report and upon investigation finds that the child is in fact unlawfully absent, he may serve the person having control or charge of the child with a notice in writing in the form set out in Schedule A.
The notice mentioned in subsection (1) may be served
(a) by delivering it to the person to whom it is to be given; or
(b) in the case of a corporation, society or organization, by delivering it or a copy thereof to any agent or officer of the corporation, society or organization; or
(c) by mailing it by prepaid registered mail or certified mail to any of the persons mentioned in clauses (a) and (b) to whom it is to be given, at his last known address.
Any person who fails, refuses or neglects to comply with the terms and directions of a notice served upon him pursuant to this section is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500. or such other penalty as the court may deem proper.
Notwithstanding subsection (3) the court may in its discretion require the person convicted to give a bond in the penal sum of $500. with one or more sureties to be approved by the court, and on the condition that the person convicted complies with the terms and directions of the notice.
Every school attendance officer appointed under the authority of this Act has the right of access to the records of every school board, every independent school and every municipal council for the purpose of procuring the names, ages and addresses of all children of compulsory school age and all such other information as may be required for the carrying out of the provisions of this Part.
S.M. 2011, c. 3, s. 15; S.M. 2021, c. 4, s. 28.
Every individual who is requested by a school attendance officer to provide or furnish such information as may be required by the school attendance officer to assist him in carrying out the provisions of this Part, the regulations and the rules made by a school board, shall forthwith provide or furnish the information so requested unless he has a reasonable excuse not to do so.
Prosecutions before provincial judge
All prosecutions under this Act may be brought and heard before any provincial judge and, except where otherwise provided by this Act, the procedure shall be governed by The Provincial Offences Act.
S.M. 2013, c. 47, Sch. A, s. 136.
Effect of minister's certificate
In a prosecution under this Act a certificate in the form as set out in Schedule B or to the like effect over the signature of the minister is conclusive proof of all matters stated therein without proof of the signature of the minister.
Effect of certificate by employee
In any prosecution under this Act a certificate in the form as set out in Schedule C or to the like effect, purporting to be signed by an employee in any school or independent school, is prima facie evidence of all matters stated therein without proof of the signature or the qualification of the employee by whom the certificate was made.
Proceedings instituted by school attendance officer
School attendance officers appointed under this Act may institute, or cause to be instituted, proceedings against any person having control or charge of any child, or against any individual who violates any provision of this Part.
Any person aggrieved by any order, decision or direction of a field representative, under this Part, may appeal therefrom to the minister and the minister may confirm, modify or reverse the order, decision or direction, in whole or in part and the decision of the minister upon the appeal is final.
No quashing of order or conviction for want of form
A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be quashed for want of form.
For the purpose of carrying out the provisions of this Part according to their intent, the minister may make such regulations as are ancillary thereto and are not inconsistent therewith, and every regulation made under and in accordance with the authority granted by this section has the force of law.
277 and 278 [Not proclaimed, but repealed by S.M. 1996, c. 71, s. 31]
Clause 41(1)(q) and sections 277 and 278 come into force on a day fixed by proclamation.
NOTE: Clause 41(1)(q) was never proclaimed into force and was repealed by S.M. 2018, c. 29, s. 31.
NOTE: Sections 277 and 278 were never proclaimed into force and were repealed by S.M. 1996, c. 71, s. 31.
SCHEDULE A
(Subsection 268(1))
THE PUBLIC SCHOOLS ACT
Take notice that unless you cause your (child) (ward)
______________________________________________
(here fill in the name of the child or ward)
to attend school under the provisions of the Act on or before the ___ day of ______ A.D., 20___, and to continue in regular attendance throughout the period during which he or she is required by The Public Schools Act to attend school regularly, or make satisfactory provisions for the education of the child hereinbefore named during that period, you will be liable to prosecution under The Public Schools Act.
__________________________
School Attendance Officer
Note: For exemption from liability see section 262 of this Act.
S.M. 1993, c. 48, s. 91; S.M. 2011, c. 3, s. 16.
SCHEDULE B
(Subsection 272(1))
THE PUBLIC SCHOOLS ACT
This is to certify that from the ___ day of ______ A.D., 20__, to the __ day of ______ A.D., 20__, The (name) _____________________ School Division, or The School District of (name) _______________, was duly organized under The Public Schools Act of the Province of Manitoba.
__________________________
Minister
S.M. 1993, c. 48, s. 91; S.M. 2011, c. 3, s. 17.
SCHEDULE C
(Subsection 272(2))
THE PUBLIC SCHOOLS ACT
This is to certify that I, the undersigned, am a _________ (employee's title) in
(a) The (name) ___________ School Division; or
(b) The School District of ______________ (name);
and that __________ (name of pupil) is a pupil on a record of attendance kept for the ____________ (name of school) and I have personal knowledge that the said ___________ (name of pupil) has been absent from that school without justifiable cause from the __ day of _______ A.D., 20__ to the __ day of _______ A.D., 20__, both days inclusive.
Dated this __ day of _____ A.D., 20__.
__________________________
(employee's signature)
S.M. 1993, c. 48, s. 91; S.M. 2011, c. 3, s. 18.
SCHEDULE D
Form 1
(Subsection 25(8))
AFFIDAVIT OF QUALIFICATION AND OATH OF OFFICE AND ALLEGIANCE
OF TRUSTEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
CANADA
PROVINCE OF MANITOBA
TO WIT:
I, _______________ of the _____ of _____________ in the Province of Manitoba ____________ (occupation) make oath and say (or solemnly affirm):
(Strike out inapplicable words)
1.
That I was elected a school trustee of The _____ School Division, or The School District of _________, on the ___ day of _____ A.D., 20__.
2.
That I am an actual resident elector within the said school division/district.
3.
That my place of residence is (describe specifically).
4.
That I am a Canadian citizen.
5.
That I am of the full age of 18 years.
6.
That I am not otherwise disqualified under The Public Schools Act.
7.
That I will faithfully and impartially, to the best of my ability and knowledge, perform and fulfil the duties of the office of school trustee of The ____________ School Division, or The School District of _____________ to which I have been elected and so long as I shall continue to hold that office without fear or favour.
8.
That I will be faithful and bear true allegiance to Her Majesty __________, (naming the reigning sovereign for the time being) her heirs and successors according to law.
| SWORN (or AFFIRMED) before me at __________ in the Province of Manitoba this ______ day of ________, A.D., 20__.
___________________________________ |
) ) ) ) |
____________________________________________ Signature of Declarant |
| A Commissioner for Oaths in and for the Province of Manitoba My commission expires _________________. |
||
Form 2
(Section 92)
[Repealed]
S.M. 1993, c. 48, s. 91; S.M. 2005, c. 42, s. 32; S.M. 2011, c. 3, s. 19.