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C.C.S.M. c. P250
The Public Schools Act
Table of Contents
| 1 | Definitions | |
| (2) | Registered common-law relationship | |
| 1.1 | Interpretation: "compulsory school age" | |
| 1.2 | Interpretation: "bullying" | |
| (2) | Characteristics and forms | |
| (3) | When does a person participate in bullying? | |
| PART I | ||
| FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS |
||
| 2 | School districts authorized | |
| (2) | Contents of regulation | |
| (3) | [Repealed] | |
| 3 | Incorporation | |
| (2) | [Repealed] | |
| (3) | Powers of school board | |
| (4) | Remote school district | |
| (5) | Change of name | |
| ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS |
||
| 4 | Government of Canada lands | |
| 4.1 | Regulations respecting continuance | |
| (2) | Sections 5, 9(3) to (12) do not apply | |
| (3) | [Repealed] | |
| 5 | Requests — transfer of land or amalgamation | |
| 6 | [Repealed] | |
| 7 | Alteration of school boundaries by minister | |
| (2) | Prerequisite to alteration of boundaries by minister | |
| (3) | Confirmation by L.G. in C. | |
| (4) | Establishment of review commission | |
| (5) | Function and duties of review commission | |
| (6) | Suspension of board of reference operations | |
| (7) | Remuneration | |
| (8) | Powers under The Evidence Act | |
| 8 | Establishment of board of reference | |
| (2) | Term of office | |
| (3) | Quorum | |
| (4) | Remuneration | |
| (5) | Secretary of board of reference | |
| 9 | Rules of procedure | |
| (2) | Powers under Manitoba Evidence Act | |
| (3) | Fixing date of hearing | |
| (4) | Notices of hearings | |
| (5) | Hearing | |
| (5.1) | Limitations on board transferring land | |
| (6) | Award of the board | |
| (6.1) | Content of award — land | |
| (6.2) | Content of award — amalgamation | |
| (7) | Award is final | |
| (7.1) | Award filed as regulation | |
| (7.2) and (7.3) | [Repealed] | |
| (8) | Board not to make award for specified period | |
| (8.1) | Circumstances when restriction does not apply | |
| (9) | [Repealed] | |
| (10) | Notification of award | |
| (11) | Board may require vote | |
| (12) | When vote required | |
| 9.1 | Use of maps | |
| 9.2 | Validation of Manitoba Regulation 109/93 | |
| 9.3 | Validation of Manitoba Regulation 61/02 | |
| 10 | Meaning of "school corporation" | |
| 11 | Transmission, etc. without fee | |
| 12 | Transfers of rights, etc. on creation of new school divisions | |
| (2) | Rights, duties and obligations of new school corporation | |
| (3) | Transfer of special moneys to L.G.D. | |
| (4) | Disposition of property on school site | |
| (5) | Audit of school division or school district | |
| IMPLEMENTATION OF SCHOOL DIVISION AND SCHOOL DISTRICT AMALGAMATIONS |
||
| 12.1 | Definitions | |
| (2) | Interpretation | |
| 12.2 | Subsequent regulations | |
| (2) | Time for making subsequent regulations | |
| 12.3 | Amalgamation — one new division | |
| (2) | Amalgamation — two or more divisions | |
| (3) | Agreement to be filed with the minister | |
| (4) | If no agreement reached | |
| (5) | Arbitrator to file report | |
| (6) | Report binding | |
| (7) | Content of agreement or arbitration report | |
| (8) | Determination of "primary workplace" | |
| (9) | No change in conditions for employees | |
| (10) | Duties and responsibilities may be modified | |
| (11) | No compensation | |
| (12) | Effect of transfer re: rights and property etc. | |
| 13 | Dissolution of remote school district | |
| NORTHERN SCHOOL DIVISION | ||
| 14 | Establishment of school division | |
| (2) | Alteration, etc. of area | |
| (3) | Contents of order | |
| (4) | School board is a corporation | |
| 15 | Limitation on order | |
| 16 | Appointment of official trustee | |
| (2) | Salary | |
| 17 | Definitions | |
| (2) | Areas and wards | |
| (3) | Local school committees to be established | |
| (4) | Election of local school committees | |
| (5) | Qualifications of local school committee members | |
| (6) | Functions of local school committees | |
| (7) | Area advisory committees to be established | |
| (8) | Election of area advisory committees | |
| (9) | Vacancies on area advisory committees | |
| (10) | Functions of area advisory committees | |
| (11) | School board of northern school division | |
| (12) | Election of school board | |
| (13) | Vacancies on school board | |
| 17.1 | Frontier Collegiate Institute (Cranberry Portage) advisory committee | |
| (2) | Function of Frontier Collegiate Institute advisory committee | |
| 18 | Powers of official trustee | |
| (2) | Special powers of official trustee | |
| 19 | Estimate of approved expenses | |
| 20 | Appeal of apportionment | |
| (2) | Levies | |
| 21 | Special grants | |
| PART I.1 | ||
| FRANCOPHONE SCHOOL DIVISION | ||
| DEFINITIONS | ||
| 21.1 | Definitions | |
| FRANCOPHONE SCHOOL DIVISION | ||
| 21.2 | Francophone school division established | |
| (2) | [Repealed] | |
| (3) | Amendment | |
| 21.3 | Act applies to the francophone school division | |
| FRANCOPHONE SCHOOL BOARD | ||
| 21.4 | Francophone school board | |
| (2) | Number of trustees | |
| 21.5 | Duty to provide programs | |
| (2) | Programs where numbers warrant | |
| (3) | [Repealed] | |
| 21.6 | Agreements with other boards | |
| (2) | Directed agreement | |
| 21.7 | Board may promote programs and language | |
| 21.8 | [Repealed] | |
| SCHOOL COMMITTEES | ||
| 21.9 | [Repealed] | |
| 21.10 to 21.12 | [Repealed] | |
| 21.13 | School committees | |
| (2) | Formation and mandate | |
| 21.14 | [Repealed] | |
| ENTITLEMENT TO ATTEND PROGRAMS | ||
| 21.15 | Children of entitled persons to be admitted | |
| (2) | Admission of non-fluent children | |
| (3) | Board may require information from parent | |
| (4) | Entitlement of children in transferred program | |
| (5) | Admission of other children | |
| (6) | Non-resident pupils: programs and costs | |
| 21.16 | Admissions committee | |
| 21.17 | Appeal to minister re admissions | |
| SCHOOLS AND PROGRAMS OPERATED BY THE FRANCOPHONE SCHOOL BOARD |
||
| 21.18 | [Repealed] | |
| 21.19 | (1) | [Repealed] |
| (2) | Whether other programs in same school | |
| (3) | Date of transfer | |
| 21.20 and 21.21 | [Repealed] | |
| 21.22 | Transfer of ownership: exclusive use schools | |
| (2) | Transfer of ownership: shared use schools | |
| (3) | Transfer without compensation | |
| (4) | Liabilities and obligations | |
| 21.23 | Agreements re shared use | |
| 21.24 | Disputes | |
| (2) | Minister may refer a matter | |
| (3) | Committee | |
| (4) | Authority of committee | |
| (5) | Committee's determination binding | |
| (6) | Costs | |
| 21.25 | Request to transfer school or program | |
| (2) | Who may make a request | |
| (3) | Referral to the board of reference | |
| 21.26 | Hearing and determination | |
| (2) | Notice of hearing | |
| (3) | Publication of notice | |
| (4) | Report | |
| (5) | Notice of the determination | |
| (6) | Limitation | |
| 21.27 | Regulation transferring program | |
| (2) | Transfer of program and property | |
| 21.28 | Individual rights preserved | |
| 21.29 | Discontinuance of program by provider school board | |
| TRANSPORTATION OF PUPILS | ||
| 21.30 | Transportation of pupils | |
| (2) | Directed agreement | |
| LANGUAGE OF INSTRUCTION AND ADMINISTRATION |
||
| 21.31 | Language of instruction | |
| (2) | English as subject of instruction | |
| (3) | Exception for first three years | |
| (4) | Exception for technical and vocational programs | |
| 21.32 | Language of administration | |
| (2) | Exception | |
| FINANCIAL MATTERS | ||
| 21.33 | Estimate of expenses and revenues | |
| (2) | Application of Part IX | |
| 21.34 | Financial support | |
| ELECTING TRUSTEES OF | ||
| 21.35 | Election of trustees | |
| (2) | Conduct of elections | |
| (3) | Municipal Councils and School Boards Elections Act does not apply | |
| 21.36 | Electoral divisions | |
| (2) | Period regulation remains in force | |
| 21.36.1 | Changes in electoral divisions | |
| (2) | By-law effective for next general election | |
| 21.37 | Extended meaning of "entitled person" | |
| (2) | Qualifications of voters | |
| (3) | Additional voters determined by regulation | |
| (4) | Eligibility to vote in other elections | |
| 21.38 | Qualifications of francophone school trustees | |
| (2) | Persons not qualified | |
| (3) | Employee elected as trustee | |
| 21.39 and 21.40 | [Repealed] | |
| 21.41 | Oath of office | |
| 21.42 | [Repealed] | |
| REGULATIONS | ||
| 21.43 | Regulations | |
| 21.44 to 21.49 | [Repealed] | |
| PART II | ||
| SCHOOL BOARDS | ||
| 21.50 | General election of school board every four years | |
| 22 | Qualifications of school trustees | |
| (2) | Persons who are disqualified | |
| (3) | Employee elected as trustee | |
| 23 | [Repealed] | |
| 24 | Number of trustees | |
| (2) | Establishing the size of school board | |
| (3) | Referral to board of reference | |
| 24.1 | Definitions | |
| 24.2 | Reserve may be prescribed as a ward | |
| (2) | Considerations | |
| (3) | Ward of only one school division | |
| (4) | Size of school board increased | |
| (5) | Residency requirements | |
| (6) | Limitation | |
| 24.3 | When ward ceases | |
| (2) | Matter of numbers referred to board of reference | |
| (3) | Hearing and recommendation of board of reference | |
| (4) | Seat forfeited | |
| 25 | Term of office | |
| (2) | [Repealed] | |
| (3) | [Repealed] | |
| (4) | [Repealed] | |
| (5) | Commencement of term of office | |
| (8) | Oath of office | |
| (9) | [Repealed] | |
| 26 | Filling of vacancies | |
| (2) | Vacancy in final year of term | |
| (3) | Warrant for new election | |
| (4) | Organization of board despite irregularity | |
| (5) | New election to fill vacancy | |
| (6) | Vacancy after election | |
| (6.1) | Provision does not apply in case of a tie or death | |
| (7) | Unexpired term | |
| 27 | [Repealed] | |
| OFFICIAL TRUSTEE | ||
| 28 | Appointment of official trustee | |
| (2) | Powers of official trustee | |
| (3) | Retirement of former officials | |
| (4) | Retirement of official trustee | |
| (5) | Appointment of deputies | |
| (6) | Reporting positions of trust | |
| MEETINGS OF TRUSTEES | ||
| 29 | First meeting | |
| (2) | Election of chair and vice-chair | |
| (2.1) | Trustee may conduct election | |
| (2.2) | Term of chair and vice-chair | |
| (3) | Tie vote | |
| 30 | Emergency meeting | |
| (2) | Notice of school board meetings | |
| (3) | Open meeting of school board | |
| (4) | Committee meetings | |
| (5) | Maintaining order by conduct and deciding questions | |
| (6) | Removal of persons from meetings | |
| 31 | Chairman to preside | |
| 32 | Vice-chairman to preside | |
| 33 | Rules of procedure | |
| (2) | Reversal of decisions | |
| (3) | Reversal by unanimous consent | |
| 34 | Powers of trustees in case of illegal election or vacancy | |
| 35 | Corporate acts must be done at school board meetings | |
| TRUSTEE CODE OF CONDUCT | ||
| 35.1 | Code of conduct | |
| (2) | Content | |
| 35.2 | Enforcement of code of conduct | |
| (2) | Motion re sanction | |
| (3) | Sanctioned member not considered to be absent | |
| (4) | Effect on indemnity | |
| 35.3 | Appeal to adjudicator | |
| (2) | Appeal must be made within 10 days | |
| (3) | Power of adjudicator | |
| (4) | Costs | |
| 35.4 | Regulations | |
| 35.5 | Special application: breach of confidentiality | |
| CONFLICT OF INTEREST | ||
| 36 | Definitions | |
| (2) | Subsidiary corporation | |
| (3) | Control | |
| 37 | Indirect pecuniary interest | |
| (2) | Exception for indemnity or expenses | |
| (3) | No pecuniary interest in certain transactions | |
| (4) | Indirect pecuniary liability | |
| (5) | Interest or liability must be significant | |
| (6) | Appointments to commissions, boards and agencies | |
| (7) | Employees of public bodies | |
| (8) | Contribution to budget | |
| 38 | Disclosure during meetings | |
| (2) | All official meetings included | |
| (3) | Absence from meeting | |
| (4) | Record of compliance | |
| 39 | Central record of disclosures | |
| (2) | Information disclosed at open meeting | |
| (3) | Information disclosed at closed meeting | |
| (4) | Central record open to public | |
| 39.1 | Reduced quorum | |
| (2) | Application to minister | |
| (3) | Order of Board of Reference | |
| (4) | Referral to school board of school district | |
| 39.2 | Voidability of transaction or procedure | |
| 39.3 | Statement of assets and interests | |
| (2) | Notification of failure to comply | |
| (3) | Further statement after acquisition or disposal | |
| (4) | Assets and interests that must be disclosed | |
| (5) | General exemptions | |
| (6) | Continuing disclosure | |
| (7) | Statements not available to public | |
| (8) | Exception for trustees | |
| (9) | Limited disclosure | |
| 39.4 | Insider information | |
| (2) | Compensation for services | |
| (3) | Use of influence | |
| 39.5 | Right to appear | |
| (2) | "Meeting" defined | |
| (3) | No right to vote | |
| 39.6 | Disqualification for violation or conviction | |
| (1.1) | Result of disqualification | |
| (1.2) | Eligibility at next election | |
| (2) | Disqualification for failure to file statement | |
| (3) | Effect on other business | |
| 39.7 | Application by secretary-treasurer to Q. B. | |
| (2) | Application by voter to Q.B. | |
| (3) | Affidavit and security for application | |
| (4) | Summary dismissal or authorizing of application | |
| (5) | Disposition after hearing | |
| (6) | Penalty for violation | |
| (7) | Unknowing or inadvertent breach | |
| (8) | Election not to preclude application | |
| (9) | Application for restitution | |
| (10) | Limitation period for declaration | |
| (11) | Limitation period for order of restitution | |
| (12) | No other proceedings | |
| 39.7.1 | Regulations re electronic meetings | |
| (2) | Minimum attendance required | |
| 39.8 | Declaration that seat vacant | |
| 40 | Bonding of officials | |
| (2) | Bonding of official trustees and secretary-treasurers | |
| (3) | Execution of bonds | |
| (4) | Adequacy of bond | |
| (5) | Additional bond coverage | |
| PART III | ||
| POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS |
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| DUTIES OF SCHOOL BOARDS | ||
| 41 | Certain duties of school boards | |
| (1.1) | Regulations — appropriate educational programming | |
| (1.2) | Moratorium on closing schools | |
| (1.3) | Minister's approval | |
| (1.4) | [Not yet proclaimed] | |
| (1.5) | Appropriate use policy for Internet, etc. | |
| (1.6) | Respect for human diversity policy | |
| (1.7) | Regard for principles of human rights | |
| (1.8) | Student activities and organizations | |
| (2) | Request for deduction and payment of dues | |
| (3) | Method of deduction and payment | |
| (4) | Instructional responsibilities of school boards | |
| (5) | Programs not offered locally | |
| (5.1) | Transfer of pupil where program offered locally | |
| (6) | Regulations | |
| (7) | Tuition fees for Indian pupils | |
| (8) | Appointment of auditor | |
| (8.1) | Qualifications of auditor | |
| (8.2) | Report name to minister | |
| (9) | Annual audit | |
| (10) | Method of audit | |
| (11) | Auditor's report | |
| (11.1) | [Repealed] | |
| (11.2) | Standards of CPA Canada | |
| (12) | Auditor's supplementary report | |
| (12.1) | Ministerial regulations | |
| (13) | Delivery of copies | |
| (14) | Financial statement to minister | |
| (15) | [Repealed] | |
| 41.1 | Definition of "accumulated deficit" | |
| (2) | Obligations where accumulated deficit | |
| (3) | Action by minister | |
| 42 | Annual estimates | |
| PUPIL FILES | ||
| 42.1 | Storage of information | |
| 42.2 | Definition of "pupil file" | |
| 42.3 | Access to pupil file | |
| (2) | Refusal of access | |
| (3) | Consent of adult pupil | |
| 42.4 | Definition of court | |
| (2) | Appeal to court | |
| (3) | Procedure on appeal | |
| (4) | Order | |
| (5) | Access refused | |
| 42.5 | Objection to information on pupil file | |
| 42.6 | Disclosure in good faith | |
| TRANSPORTATION OF PUPILS | ||
| 43 | General limitations | |
| (2) | Requirements | |
| (2.1) | Transportation contracts | |
| (3) | Compensation to parent for transporting | |
| (4) | Frequency of payment | |
| (5) | Calculation of distance | |
| (6) | Limitation on duty to provide conveyance | |
| 43.1 | Extended travel times | |
| (2) | Phasing in extended travel time reductions | |
| (3) | Regulations respecting extended travel times | |
| 44 | Insurance required | |
| 45 | Minister may deduct premium from grant | |
| 46 | Regulations respecting school transportation | |
| (2) | Highway Traffic Act | |
| 47 | Approval of transportation | |
| SAFE SCHOOLS | ||
| 47.1 | Codes of conduct and emergency response plans | |
| (2) | Content of code of conduct | |
| (2.1) | [Repealed] | |
| (3) | Content of emergency response plans | |
| 47.1.1 | Reporting to the principal | |
| (2) | Principal to notify parent or guardian | |
| (3) | Content of notice | |
| (4) | Limitation re personal information | |
| (5) | Additional obligation | |
| (6) | Definition of "unacceptable conduct" | |
| (7) | Regulations | |
| 47.1.2 | Expanded duty to report cyberbullying | |
| (2) | Application | |
| FOOD PROVIDED AT SCHOOLS | ||
| 47.2 | Artificial trans fat banned in schools | |
| (2) | Interpretation | |
| (3) | Exception | |
| (4) | Definitions | |
| ANAPHYLAXIS | ||
| 47.3 | Anaphylaxis policy | |
| COMMUNITY USE OF SCHOOLS | ||
| 47.4 | Community use policy | |
| (2) | Content of policy | |
| (3) | Fees limited to amounts necessary to recover costs | |
| (4) | Monitoring use | |
| (5) | Implementation | |
| POWERS OF SCHOOL BOARDS | ||
| 48 | General powers of school boards | |
| (2) | Powers to expend moneys | |
| (3) | Scholarships, bursaries, etc. | |
| (4) | Suspension and expulsion | |
| (5) | Granting of leave of absence to teachers | |
| (6) | Cumulative sick leave | |
| (7) | Insurance coverage | |
| 48.1 | Rights of employees respecting elections | |
| (2) | Leave of absence | |
| (3) | Reinstatement of unsuccessful candidate | |
| (4) | Leave of absence for elected candidate | |
| (5) | Definitions | |
| 49 | Agreement respecting regional vocational schools | |
| (2) | Membership of governing board | |
| (2.1) | Agreement to continue regional vocational school | |
| (3) | Powers and duties of board | |
| (4) | Exceptions | |
| (5) | Subsidiary agreements | |
| (6) | Additional transportation powers | |
| 50 | Pensions for non-teachers | |
| (2) | Optional plan | |
| (3) | Contribution by school boards | |
| (4) | Protected from attachment and not assignable | |
| SUPERINTENDENT | ||
| 51 | Appointment of superintendent | |
| 52 | Delegation of powers and duties to superintendent | |
| (2) | [Repealed] | |
| SECRETARY-TREASURER | ||
| 53 | Appointment of secretary-treasurer | |
| (2) | Notice of appointment | |
| (3) | Payment of accounts | |
| (4) | Payment of accounts without approval | |
| (5) | Secretary-treasurer to report occupations of trust | |
| 54 | Powers of auditors | |
| (2) | Duty to assist auditors | |
| (3) | Duty to account | |
| 55 | Recording of minutes | |
| (2) | Right to examine | |
| (3) | Penalty | |
| PRINCIPALS | ||
| 55.1 | Duties of principal | |
| (2) | Board policies — promotion of pupils | |
| (3) | Achievement to determine promotion of pupils | |
| 55.2 | Consultation re annual school plan | |
| 55.3 | Information to parents re parent involvement | |
| (2) | Interpretation: "school-based parent group" | |
| GENERAL PROVISIONS | ||
| 56 | Payment of annual indemnity | |
| (2) | Additional indemnities | |
| (3) | Reimbursement for expenses | |
| (4) | School funds | |
| (5) | Exclusion of student council funds | |
| 57 | Alteration of wards and numbers of trustees | |
| (2) | Population of wards | |
| (3) | Representation quotient | |
| (4) | Action to preserve equality by population of wards | |
| (5) | Variation in population basis | |
| (6) | School board may not pass by-law | |
| (7) | Approval of the minister | |
| (8) | Referendum | |
| (9) | Effective date | |
| 57.1 | Restriction re at large elections | |
| 58 | Appeal against action of school board | |
| (2) | Procedure on appeal | |