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C.C.S.M. c. P250
The Public Schools Act
Table of Contents
| PART III.1 | ||
| PARENTS AND PUPILS | ||
| ACCESS TO SCHOOLS AND PROGRAMS | ||
| 58.1 | Definition of "parent" | |
| 58.2 | Program information etc. | |
| 58.3 | Pupil enrolment | |
| 58.4 | Enrolment by school | |
| (2) | Priorities | |
| 58.5 | Regulations | |
| RIGHTS AND RESPONSIBILITIES OF PARENTS AND PUPILS |
||
| 58.6 | Rights of parents | |
| 58.7 | Responsibilities of parents | |
| 58.8 | Responsibility for damage | |
| 58.9 | Right to enrol in programs | |
| (2) | Rights of pupils | |
| (3) | Board may meet in camera re expulsion | |
| 58.10 | Responsibilities of pupils | |
| PART IV | ||
| AGREEMENTS WITH INDEPENDENT SCHOOLS | ||
| 59 | Independent school | |
| 60 | Agreement for transportation | |
| (2) | Agreement for other services | |
| (3) | Term of agreement | |
| (4) | Grants for transportation | |
| (4.1) | Grants for facilities and resources | |
| (5) | Grants to independent schools | |
| PART V | ||
| SCHOOL SITES, BUILDINGS AND OTHER PROPERTY |
||
| SCHOOL SITES | ||
| 61 | Selection of school site | |
| 62 | Purchase and expropriation | |
| (2) | Approval required to purchase land | |
| 63 | Payment of encumbrance out of purchase money | |
| 64 | Deposit of money with Minister of Finance | |
| (2) | Filing of receipt of Minister of Finance in L. T. O. | |
| (3) | Disbursement of moneys paid in | |
| 65 | By-law for expropriation | |
| (2) | Contents of by-law | |
| (3) | Approval required | |
| 66 | Exemption — building restrictions and development schemes | |
| 67 | Sale of school site or other property | |
| 67.1 | Authority for disposal of land | |
| 68 | Disposal of mines and minerals | |
| 68.2 | Notice of intention to dispose of land | |
| (2) | Public notice | |
| PEDESTRIAN SAFETY | ||
| 68.3 | Pedestrian safety part of school design | |
| (2) | Consultation with traffic engineers | |
| 68.4 | Notice to traffic authority | |
| (2) | Pedestrian and traffic safety analysis required | |
| (3) | Considerations | |
| (4) | Notice of changes and timelines | |
| (5) | Timeline to implement changes | |
| (6) | Application to Highway Traffic Board | |
| 68.5 | Temporary safety measures | |
| BUILDINGS AND OTHER PROPERTY | ||
| 69 | Powers of school board respecting school property | |
| 70 | Purchasing procedures | |
| (2) | Regulations re tender limit | |
| 71 | Ownership of personal property | |
| 72 | Duties of school board respecting custody of school property | |
| (2) | Repair and rental of buildings | |
| 73 | Use of school properties | |
| 73.1 | Agreements re internet services | |
| (2) | Public partners to be given priority | |
| (3) | Regulations | |
| 74 | Approval to acquire property | |
| (2) | [Repealed] | |
| PART VI | ||
| CONDUCT OF SCHOOLS | ||
| 75 | Tuition fees | |
| 76 | Regulations respecting school year, vacations and school hours | |
| 77 | Application of regulations | |
| 78 | Holidays | |
| (2) | Where holiday falls on Sunday | |
| (3) | Teaching on Saturdays | |
| (4) | Outdoor education and work education | |
| LANGUAGES OF INSTRUCTION | ||
| 79 | English and French as languages of instruction | |
| (2) | Use of other languages | |
| (3) | Use of English or French as language of instruction | |
| (4) | Minister's discretion for fewer pupils | |
| (4.1) | Francophone school division | |
| (5) | Language of administration | |
| (6) | English as subject of instruction | |
| (7) | Agreements by boards | |
| (8) | Establishment of Languages of Instruction Advisory Committee | |
| (9) | Composition of Languages of Instruction Advisory Committee | |
| (10) | Regulations | |
| INSTRUCTION IN RELIGION | ||
| 80 | Authorization for instruction in religion | |
| (2) | Petition for instruction in religion | |
| 81 | Hours of instruction in religion | |
| 82 | Non-participation in instruction in religion | |
| 83 | Regulations | |
| RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES |
||
| 84 | Schools to be non-sectarian | |
| (2) | Conduct of religious exercises | |
| (3) | Time for religious exercises | |
| (4) | Attendance not compulsory | |
| (5) | Religious exercises required | |
| (6) | Cancellation of religious exercises | |
| (7) | Effective period of cancellation | |
| (8) | Petition for religious exercises | |
| 85 | Patriotic observances | |
| 85.1 | Remembrance Day exercise | |
| (2) | Form of exercise | |
| ACCIDENTS | ||
| 86 | Exemption from liability in certain cases | |
| 87 | Defective apparatus | |
| 88 | Exemption from liability for accidents in work education programs | |
| 89 | No action lies arising out of school patrol | |
| 90 | Permitting participation in sports not of itself negligence | |
| PART VII | ||
| TEACHERS | ||
| 91 | Certified teachers and principals | |
| (2) | Pupils in care of teacher aides | |
| 92 | Teachers' agreements | |
| (1.1) | Ministerial regulations | |
| (1.2) | Agreements may have prescribed differences | |
| (2) | Delivery of agreement to teacher | |
| (3) | Hearing by school division or school district before dismissal of a teacher | |
| (4) | Action on termination of agreement | |
| (5) | Accumulated teaching service | |
| (6) | Right of teacher to recover salary | |
| (7) | Penalties for breach of agreements | |
| 92.1 | Access to personnel records | |
| 93 and 94 | [Repealed] | |
| 95 | [Repealed] | |
| 96 | Duties of teacher | |
| (2) | Form and content of reports | |
| PART VIII | ||
| TEACHER COLLECTIVE BARGAINING | ||
| 97 | Definitions | |
| (2) | Words and expressions in Labour Relations Act | |
| 97.1 | Application — Manitoba Institute of Trades and Technology | |
| 98 | Labour Relations Act applies | |
| (2) | School principals are employees under Labour Relations Act | |
| 99 | Division does not apply to the Crown | |
| COLLECTIVE BARGAINING | ||
| 99.1 | Application | |
| 99.2 | School division or school district is employer | |
| 99.3 | Teachers' bargaining agent | |
| (2) | Capacity of Manitoba Teachers' Society | |
| 99.4 | Replacement of teachers' bargaining agent | |
| 99.5 | Exclusive authority of teachers' bargaining agent | |
| 99.6 | Employers organization for school divisions and school districts | |
| 99.7 | Appointment of employer bargaining representative | |
| (2) | Role of Manitoba School Boards Association | |
| 99.8 | Employer bargaining representative | |
| (2) | Capacity of employer bargaining representative | |
| (3) | Exclusive authority of employer bargaining representative | |
| 99.9 | Voting process for employers organization | |
| 99.10 | Regulation requiring payment of fees | |
| TEACHERS' COLLECTIVE AGREEMENTS | ||
| 99.11 | Parties to collective agreement respecting teachers | |
| (2) | Terms of collective agreement | |
| ARBITRATION PROCEEDINGS | ||
| 99.12 | Meaning of "party" for arbitration proceedings | |
| 100 | When arbitration may be initiated | |
| 101 | Terms and conditions of agreement continue in effect | |
| 102 | Provision for final settlement of disputes in bargaining | |
| (2) | When Labour Relations Act applies | |
| 103 | Deemed final settlement provision | |
| 104 | [Repealed] | |
| ARBITRATION AWARD | ||
| 105 | Time limit for award — single arbitrator | |
| (2.1) | Criteria | |
| (3) | Content of award | |
| (4) | Reasons | |
| (5) | Decision given to the Labour Board and the minister | |
| 106 | Award binding | |
| 107 | Clarification of award | |
| 108 | Collective agreement following award | |
| (2) | Representative authorized to sign | |
| 109 | Collective agreement binding | |
| STRIKES AND LOCKOUTS PROHIBITED | ||
| 110 | Strike by teachers prohibited | |
| (2) | Strike authorization by bargaining agent prohibited | |
| 110.1 and 110.2 | [Repealed] | |
| 111 | Lockout by school division or school district prohibited | |
| 112 | Penalty for illegal lockout — school division or school district | |
| (2) | Penalty for illegal lockout — person | |
| (3) | Penalty for illegal strike — bargaining agent | |
| (4) | Penalty for illegal strike — officers | |
| (5) | Continuing offence | |
| 112.1 | Application of Division 1 | |
| (2) | Definition of "party" | |
| (3) | Collective agreement binding | |
| 113 to 170 | [Repealed] | |
| PART IX | ||
| GRANTS AND LEVIES EDUCATION SUPPORT PROGRAM |
||
| 171 | Definitions | |
| 172 | Application of Part in L.G.D.'s and special localities | |
| 172.1 | Assessment data | |
| CAPITAL SUPPORT PROGRAM | ||
| 172.2 | Administration of capital support program | |
| (2) | Criteria that minister must consider | |
| (3) | Capital grants | |
| (4) | Capital support for early learning and child care | |
| (5) | Terms and conditions | |
| (6) | Administering capital support program | |
| 172.3 | Notice of capital support | |
| OPERATIONAL SUPPORT PROGRAM | ||
| 172.4 | Administration of operational support program | |
| (2) | Operational grants | |
| 172.5 | Notice of operational support | |
| 172.6 | Reports, etc. from school divisions | |
| (2) | Withholding of grants | |
| (1) to (4) | [Repealed] | |
| (5) | Special reductions in support | |
| (6) and (7) | [Repealed] | |
| 173.1 | [Repealed] | |
| (2) | [Repealed] | |
| 175 | [Repealed] | |
| 176 | [Repealed] | |
| 177 | (1) | [Repealed] |
| (2) | [Repealed] | |
| SCHOOL BOARD BUDGETS | ||
| 178 | Budget consultations | |
| (1.1) | Notice of meeting | |
| (2) | Budget submitted to minister | |
| (1) and (1.1) | [Repealed] | |
| (2) | Referral for reconsideration | |
| 180 | [Repealed] | |
| EDUCATION SUPPORT LEVY | ||
| 181 | Amount to be raised by education support levy | |
| 182 | Amount to be raised by municipality | |
| 183 | Statement to municipalities | |
| 184 | Council to impose education support levy | |
| 185 | Remittance of education support levy | |
| (2) | Interest charges | |
| SPECIAL LEVY | ||
| 186 | Notice to school divisions by minister | |
| (1.1) | [Repealed] | |
| (1.2) | Notice of assessment | |
| (2) | Apportionment of additional revenues | |
| (3) | Apportionment of additional revenues in amalgamated division by differential mill rates | |
| (4) | Three year limit for differential mill rates | |
| (5) | Common mill rate | |
| (6) | Maximum differential mill rate | |
| 186.1 and 186.2 | [Repealed] | |
| 187 | Statement to municipalities | |
| 188 | Special levy in municipalities | |
| 189 | Remittance of allowance to school division | |
| 190 | Interest charges | |
| 190.1 | Transfer of special levy to francophone school division | |
| VARIATION OF APPORTIONMENT | ||
| 191 | Appeal of division apportionment | |
| (2) | Hearing of appeal | |
| (3) | Discretion of municipal board on appeal | |
| (4) | Time for appeal | |
| (5) | Effect of variations by municipal board | |
| (6) | Correction of calculation by minister | |
| REGULATIONS | ||
| 191.1 | Regulations | |
| 192 | [Repealed] | |
| PART X | ||
| OTHER FINANCIAL PROVISIONS | ||
| 193 | Regulations | |
| 194 | Regulations | |
| 194.1 | Definition: "administrative costs" | |
| (2) | Control of administrative costs | |
| (3) | Limits may be different | |
| (4) | Withholding of support | |
| 195 | Payment of grants | |
| 196 | Grants to educational organizations | |
| 196.1 | [Repealed] | |
| 197 | Special grants | |
| 198 | Authorized closures | |
| 199 | Moneys payable to school divisions a debt of municipality | |
| 200 | Authority for reserves | |
| 201 | Definition of "securities" | |
| (2) | Investing moneys not immediately required | |
| 202 | Disposition of moneys | |
| 203 | [Repealed] | |
| 204 | [Repealed] | |
| 205 | Instruction in public institutions | |
| 206 | School facilities in unorganized territory, etc. | |
| 207 | Minister to have powers of trustees | |
| 208 | School must be conducted according to law | |
| (2) | Waiver of non-compliance | |
| (3) | Application of subsection (2) | |
| 209 and 210 | [Repealed] | |
| 211 | Children attending another school | |
| RESPONSIBILITY FOR SCHOOL MONEYS |
||
| 212 | Responsibility for default of treasurer | |
| (2) | Sureties for school moneys | |
| (3) | Enforcing payment of school moneys | |
| (4) | Responsibility to individuals | |
| (5) | Municipal advances for current expenses | |
| (6) | Guarantee of repayment | |
| (7) | Limitations on guarantees | |
| (8) | Borrowing by municipality for deficiency for schools | |
| (9) | Board approval | |
| PART XI | ||
| BORROWING | ||
| 213 | [Repealed] | |
| 214 and 215 | [Repealed] | |
| 216 | [Repealed] | |
| 217 | [Repealed] | |
| 218 to 223 | [Repealed] | |
| 223.1 | Borrowing restricted | |
| 223.2 | Short-term borrowing | |
| (2) | Limit on amount | |
| (3) | Definition of "short-term borrowing" | |
| 223.3 | Long-term borrowing | |
| (2) | Terms and conditions | |
| 223.4 | Advance out of Consolidated Fund | |
| 223.5 | Securities | |
| (2) | Terms and conditions | |
| (3) | Signature requirements | |
| (4) | Evidence of validity of security | |
| (5) | Board resolution | |
| 223.6 | Debt repayment | |
| (2) | Investments and interest paid to school division | |
| (3) | Transitional | |
| 223.7 | Agreement about terms and conditions | |
| 223.8 | Minister of Finance as agent | |
| 223.9 | Short-term borrowing in other currencies | |
| (2) | Other cases | |
| 223.10 | Transitional — existing debentures or other securities | |
| PART XII | ||
| PROHIBITIONS AND PENALTIES | ||
| 224 | Making false reports an offence | |
| 225 | Personal liability of trustees | |
| 226 | Penalty | |
| 227 | [Repealed] | |
| 228 | Field representative not to be trustee | |
| (2) | Field representative may be official trustee | |
| 229 | Penalty | |
| 230 | Acting as agent forbidden | |
| (2) | Acting as agent forbidden | |
| 231 | Selling goods, etc. prohibited without approval | |
| (2) | Disturbances prohibited | |
| (3) | Direction to leave school premises | |
| (4) | Person required to leave | |
| (5) | Assistance from a peace officer | |
| (6) | Offence | |
| (7) | Court order relating to offence | |
| 232 | Exclusion of pupils for infectious diseases | |
| (2) | Action of school board in absence of physician | |
| 233 | Penalty of contravening section 232 | |
| 234 | Penalty for failure to secure proper treatment | |
| 235 | Penalty for failure to have child examined | |
| 236 | Prohibition regarding offensive weapons | |
| (2) | Penalty for offensive weapon | |
| (3) | Penalty additional | |
| 237 | Penalty for violation of the Act | |
| 238 | Giving false information offence and penalty | |
| PART XIII | ||
| SPECIAL PROCEEDINGS | ||
| ADMINISTRATION OF SCHOOLS IN UNORGANIZED TERRITORY |
||
| 239 | Voters list in unorganized territory | |
| (2) | Preparation of list | |
| (3) | Continuing use of list | |
| 240 | [Repealed] | |
| CENSUS | ||
| 241 | Census of school children | |
| (2) | Restriction of taking of census | |
| (3) | Verification of information | |
| 242 | Information to be given to officers | |
| COMMISSION OF INQUIRY | ||
| 243 | Appointment of commission to hold inquiry | |
| (2) | Taking of evidence | |
| (3) | Remuneration | |
| (4) | Payment of costs | |
| 244 | Compelling attendance of witnesses | |
| (2) | Penalty for default by person summoned | |
| ARBITRATIONS | ||
| 245 | Appointment of arbitrator to decide issues | |
| (2) | Appointment of secretary | |
| (3) | Compensation of arbitrator | |
| (4) | Liability for costs | |
| 246 | Validity of proceedings | |
| FAILURE TO ACCOUNT | ||
| 247 | Application to court for documents, etc. | |
| (2) | Application to be supported by affidavit | |
| (3) | Hearing may be held ex parte | |
| 248 | Issuing of order by judge | |
| (2) | Other remedies not affected | |
| 249 | Powers of field representative | |
| 250 | Appeal from field representative's finding | |
| (2) | Time of appeal | |
| (3) | Grounds of appeal | |
| (4) | Service of notice | |
| (5) | Hearing de novo | |
| (6) | Costs | |
| 251 to 257 | [Repealed] | |
| PART XIV | ||
| SCHOOL ATTENDANCE | ||
| 258 | [Repealed] | |
| 259 | Right to attend school | |
| (2) | Regulations | |
| 259.1 | Requirement to attend school | |
| (2) | When attendance is excused | |
| (3) | Offence if 16 years of age or older | |
| (4) | Application | |
| 260 | Responsibility to send child to school | |
| (2) | Offence | |
| (3) | Pupils over 18 years of age | |
| (4) | [Repealed] | |
| 260.1 | Notification to the minister | |
| (2) | When notification to take place | |
| (3) | Information to be provided to minister | |
| (4) | Periodic progress reports | |
| 261 | (1) | [Repealed] |
| (2) | Exclusion from school | |
| 262 | Exemption from liability | |
| 262.1 | Transition: persons who have already stopped attending school | |
| (2) | If person begins attending school again | |
| 262.2 | Regulations: participation in alternative activities and programs | |
| (2) | Content of regulations | |
| (3) | Procedural matters | |
| 263 | Employment of children prohibited | |
| (2) | Offence | |
| 264 | Designation of school attendance officers | |
| (2) | Jurisdiction of school attendance officer | |
| (3) | School board shall make rules | |
| 265 | Powers of field representative | |
| 266 | Teacher to report absence | |
| (2) | Principal to report absence | |
| (3) | Independent schools to report absence | |
| (4) | Report to local school attendance officer | |
| (5) | Regulations: reporting absences | |
| 267 | Right to enter | |
| (2) | Authority to conduct absent child to school | |
| 268 | Notice to parents | |
| (2) | Manner of giving notice | |
| (3) | Compliance with notice | |
| (4) | Bond | |
| 269 | Access to records | |
| 270 | Furnishing of information | |
| 271 | Prosecutions before provincial judge | |
| 272 | Effect of minister's certificate | |
| (2) | Effect of certificate by employee | |
| 273 | Proceedings instituted by school attendance officer | |
| 274 | Appeal | |
| 275 | No quashing of order or conviction for want of form | |
| 276 | Regulations | |
| 279 | Commencement | |
| SCHEDULE A | ||
| (Subsection 268(1)) | ||
| SCHEDULE B | ||
| SCHEDULE C | ||
| SCHEDULE D | ||