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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. P250
The Public Schools Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"advisory board" means The Advisory Board established under The Education Administration Act; ("Conseil consultatif')
"board of reference" means The Board of Reference established under this Act; ("Commission des renvois")
"course" means a specific unit of study; ("cours")
"department" means "department" as defined in The Education Administration Act; ("ministère")
"elector" means a person entitled to vote under clause 5(l)(a) or (b) of The Local Authorities Election Act; ("électeur")
"finance board" means The Public Schools Finance Board established under The Public Schools Finance Board Act; ("Commission des finances")
"legal guardian" means a person appointed or recognized as the guardian of a child under The Child and Family Services Act or The Court of Queen's Bench Surrogate Practice Act; ("tuteur")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"program" means a series or group of courses leading to a statement of standing; ("programme")
"public school" means an institution for educational purposes established and maintained under this Act or The Education Administration Act; ("école publique")
"regulations" means regulations made by the Lieutenant Governor in Council, by the minister, or by the Advisory Board under the authority of any Act of the Legislature; ("règlements")
"resident" as used to refer to or describe a person living in a particular school division or school district, means a person who has his chief place of abode or dwelling in that school division or school district; ("résident")
"resident pupil" as used to refer to or describe a pupil in a particular school division or school district, means a pupil
(a) whose parent or legal guardian, with whom he resides, is a resident therein, or
(b) who has attained the age of 18 years and is a Canadian citizen or landed immigrant resident therein, or
(c) who by reason of being dealt with under any provision of The Child and Family Services Act becomes a resident therein, or (d) who is designated in writing by the minister as a resident therein; ("élève résident")
"school" means a public school; (" école")
"school board" means the board of trustees of a school division or a school district; ("commission scolaire")
"school building" includes the buildings required or used in a school division or school district for the imparting of instruction or for offices or other public school purposes; but does not include a building, or a part thereof, constructed, designed, or used solely or chiefly for administrative functions of the school division or school district other than those exercised by principals and teachers; ("bâtiment scolaire")
"school district" means a school district which is not designated by the minister as a remote school district; ("district scolaire")
"school division" means a school division having the responsibility of providing for elementary and secondary public school education and includes a remote school district as designated in subsection 3(4) but does not include a school district; ("division scolaire")
"school moneys" means moneys that are the property of, or are payable to, a school division or a school district; ("deniers scolaires")
"school site" means, subject to the regulations, the area of land required set aside or used by a school division or a school district for the school building, teachers' residence, students' residence, offices, or playground, or any one or more of them and includes any area of land required set aside or used for parking purposes; ("emplacement scolaire")
"student teacher" means a student engaged in practice teaching while enrolled in teacher education in a recognized teacher education institution; ("élève enseignant")
"support" means financial support provided to a school division under the government support to education program established under Part IX and support provided to a school division by way of personnel, materials, equipment or assets in lieu of financial payments or grants; ("aide")
"teacher" means a person who holds a valid and subsisting teacher's certificate or a limited teaching permit issued under The Education Administration Act, or who is authorized by the minister to teach in a school; ("enseignant")
"trustee" means a member of a school board of a school division or school district; ("commissaire")
"unorganized territory" means any portion of the province not included within a municipality. ("territoire non organisé")
FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS
Subject to section 4, the Lieutenant Governor in Council may, from any portion of the province that is not within a school division or school district
(a) establish a school district or a remote school district;
(b) declare any territory to be a school district or a remote school district; or
(c) add territory to any school district or remote school district.
The order in council made under subsection (1) shall
(a) specify the lands so included;
(b) give the school district or remote school district a name and number in the following form: "The School District of , Number ";
(c) divide the school district or remote school district into wards and state the number of trustees in each ward; or if not divided into wards, state the number of trustees to be elected at large;
(d) state the date upon which the establishment is to be effective; and
(e) provide for the appointment of a returning officer and for the making of all necessary arrangements, according to the provisions of section 6 of The Local Authorities Election Act, for the first election of trustees, their terms of office, the method of determining their terms of office, and the date of their taking office.
Every school board is a body corporate under the name "The School Division, Number ", or "The School District of , Number " (whatever name and number are given to the school division or school district shall be inserted in each case where applicable and indicated).
In all statutes, by-laws, or documents in which the name of the school division or school district is used, the word "Number" in that name may be abbreviated thus: "No.".
From the effective date of its incorporation, a school board has the powers granted to it, and is responsible for the performance of the duties and is subject to the liabilities charged upon it, under this Act.
The minister, by his written order, may designate a school district as a remote school district.
The minister may change the name of a school division or school district.
ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
The minister shall not include in a school division on its establishment, or add to a school division previously established, any land owned by or under lease to the Government of Canada, unless the Government of Canada has entered into an agreement with the Government of Manitoba to make an annual grant, for the purposes of the school division in which the land is to be included, of an amount equal to an amount that would be raised by a levy on the land being so included, on the basis of the equalized assessment established for the school division by the Municipal Board or the Provincial Municipal Assessor, at the rates that under the appropriate sections of Part IX would apply to the school division; and the Government of Manitoba may enter into such an agreement.
Where the minister receives a written request
(a) from a school board, a council of a municipality, the resident administrator of a local government district, or the council of an Indian Band; or
(b) from 10 or more resident electors of a school division or school district involved; or
(c) from 10 or more resident electors of an area not within any school division or school district, or where there are not 10 adult residents of any such area, from all the adult residents of such an area;
that
(d) a new school division or school district be established; or
(e) lands not in any school division or school district be added to an existing school division or school district; or
(f) that a transfer of land be made altering the boundaries of a school division or school district or changing in any way the lands comprising a school division or school district, including the merging or amalgamation or dissolution of school divisions or school districts;
(g) land in an Indian Reserve included in a school division be removed from the school division;
the minister shall refer the request to the board of reference which shall decide the matter, and by its written award, determine whether the request should be granted in whole or in part, or be rejected.
Notwithstanding subsection (1) and subsection 9(8), the minister on his own initiative may refer to the board of reference any matter to which reference is made in clauses (1)(d), (e), (f) or (g).
Dissolution of school divisions or school districts.
In making an award on any matter referred to it under subsection (1) or (2), the board of reference may dissolve a school division or school district.
Where the board of reference has made an award
(a) any school division, school district, municipality, resident administrator or Indian Band; or
(b) any 10 electors resident in a school division or school district involved; or
(c) such number of adult residents as are required under subsection (1) to sign the request in an area not in any school division or school district;
may appeal against the award to a judge of the Court of Queen's Bench in the manner in which an appeal against an award or finding may be made under sections 251 to 257; and those sections to the extent that they are applicable, apply, with such modifications as the circumstances require, to an appeal under this subsection.
Award respecting Indian Reserve.
Except where the award transfers or includes land to or in a school division established as a northern school division, where the board of reference makes an award transferring or including land in an Indian Reserve to or in a school division, it shall, in the award, make provision for that land to be included in a new ward, for the election of one or more trustees for that ward, and may make provision for the number of trustees that shall comprise the school board of the school division.
Notice of establishment of school division.
Upon the establishment of a school division or a school district, and upon the merging or dissolution of a school division or school district, the minister shall cause to be published in The Manitoba Gazette a notice setting forth
(a) the fact and date of the establishment, merging or dissolution of the school division or school district;
(b) the name and number thereof:
(c) the boundaries thereof;
(d) the number of wards, if any, into which the school division or school district is divided and the boundaries of each ward; and
(e) the number of trustees to be elected from each ward, or from the school division or school district at large.
Establishment of board of reference.
The Lieutenant Governor in Council may establish a board of reference consisting of such number of persons as the Lieutenant Governor in Council may determine, which shall have jurisdiction as designated in the order creating it and as may otherwise be conferred upon it under this Act and the regulations.
A member of the board of reference shall hold office for such term as may be fixed in the order appointing him, not exceeding two years, but a member may be appointed for a further term.
In the order establishing the board of reference, the Lieutenant Governor in Council shall fix the number of members thereof that constitute a quorum.
Each member of the board of reference, other than a person who is in receipt of remuneration for duties performed
(a) as a member of the civil service of the government; or
(b) as a member or employee of a board, commission, corporation or other similar body that is appointed or controlled by, or is under the authority or direction of the government.
may be paid such remuneration as may be fixed by the Lieutenant Governor in Council; and each member of the board of reference may be paid the amount of such out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board of reference as may be approved by the Minister of Finance.
Secretary of board of reference.
The minister may designate an employee of the department to act as the secretary of the board of reference.
The board of reference may, subject as herein provided, make rules to govern its own procedure.
Powers under Manitoba Evidence Act.
The members of the board of reference, for the purpose of carrying out their duties and functions under this Act and the regulations have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.
Where a matter is referred to it under this Act or any other Act of the Legislature by way of appeal or otherwise, the board of reference shall fix the date on which, and the time and place at which, it will hold a hearing with respect to the matter and the date so fixed shall be not less than two weeks after the date of the mailing or of the publication of notices as hereinafter required, whichever date is the later.
The board of reference shall send by mail
(a) to each school board named in the matter referred;
(b) to the council of each municipality that, or any part of which, is within a school division or school or school district named in the matter referred;
(c) to the resident administrator of each local government district involved;
(d) to the council of the Indian Band concerned;
(e) to the owner of each parcel of land, mentioned in the matter referred, wherever practical; and
(f) to any person designated for the purpose by the members of any group of resident electors that has made a request as herein provided, or where no person has been so designated, to the person first named in the request;
a written notice giving a brief description of the matter referred and stating the date on which, and the time and place at which, it will be considered and the board of reference shall also cause a copy of the notice to be published at least once in a newspaper having a circulation in the area in which the municipalities, school divisions or school districts, interested in the matter are situated.
On the date, and at the time and place stated in the notice, the board of reference shall sit and hear any person interested in the matter or any person on his behalf.
The board of reference shall make its award in respect of any matter referred to it and unless the award is appealed in accordance with section 5 the award is final.
Unless an award of the board of reference is set aside on appeal, where the time for an appeal therefrom has lapsed and no appeal is taken, the award has effect in accordance with its terms.
An award of the board of reference continues in force for a period of at least three years and no application for a further award in respect of the same matter shall be made during that period.
Every award of the board of reference shall
(a) set forth the changes, if any, made in the boundaries or area of the wards of any school division or school district;
(b) make such changes in the number of the trustees of the school board and the number of trustees to be elected from each ward, as may be required or desirable as a result of the changes in the boundaries of wards;
(c) except in the case of land in an Indian Reserve, make such adjustments and transfers of the assets and liabilities necessary to implement the award, and are deemed by the board of reference to be fair or desirable:
(d) fix the costs to be paid and specify the persons or corporations by whom or by which they are payable;
(e) where a deposit has been made in respect of an appeal, direct the disposition thereof that is to be made;
(f) fix the date upon which the award is effective and make the award retroactive where deemed necessary;
(g) where a new school division or school district is established, make provision for the first election of trustees and their term of office or method of determining their term of office;
(h) give such other orders and directions as may be necessary to dispose of the appeal or other matter referred.
The board of reference shall cause a copy of each award made by it to be sent to
(a) the minister:
(b) each municipality, each local government district and each school division or school district affected by the award or that has an interest therein;
(c) the council of each Indian Band referred to in the award;
(d) the owner of each parcel of land, wherever practical, specified in the award; and
(e) any person designated for the purpose by the members of any group of resident electors that has made a request as herein provided, or where no person has been so designated, the person first named in the request.
Submission to vote of electors.
Where a matter is referred to the board of reference under section 5 or under section 13. the board of reference before making its decision thereon, may require that the matter be submitted to a vote of the resident electors of the territory involved as designated.
Where a matter is submitted to a vote under subsection (11), the board of reference shall designate the returning officer or officers for the purpose of taking the vote, and the vote shall be taken in accordance with section 27.
Meaning of "school corporation".
For the purposes of sections 11 and 12, the expression "school corporation" means a school division or a school district.
Transmission, etc. without fee.
Where the title to any land that is registered in the name of a school corporation becomes, under any provision of this Act, vested in another school corporation
(a) every application for transmission and every other instrument under The Real Property Act, required to be registered or filed in order to permit the issue of a certificate of title to the land in the name of the other school corporation: and
(b) every deed or other instrument under The Registry Act required to be registered in order to evidence the transfer of the title of the land to the other school corporation;
if properly executed and completed as required bylaw, shall be registered or filed by the district registrar of the proper land titles office, without charge or payment of any fee for transmission, registration, filing or otherwise.
Transfers of rights, etc. on creation of new school divisions.
On the date on which the new school board of
(a) a new school division: or
(b) a school district that has been declared to be a school division: or
(c) a school division that has been formed by the consolidation of two or more school divisions or school districts;
takes office, every teacher who was employed by a school corporation within the new school division shall be deemed to be employed by and his contract assigned to, the new school corporation without any loss or abatement of the rights, privileges and obligations conferred upon or enjoyed by the teacher prior to that date.
Rights, duties and obligations of new school corporation.
The new school corporation referred to in subsection (1) has the same rights, duties and obligations with respect to the teacher deemed to be employed by it as the school corporation by which he was formerly employed had, whether under contract, by virtue of any Act or otherwise, immediately prior to the date on which the new school board took office.
Transfer of special moneys to L.G.D.
Where a school corporation is dissolved under section 5 or 13 if the school corporation has among its assets moneys received under The Unconditional Grants Act, those moneys shall be transferred by the school corporation to the resident administrator of the local government district in which the school corporation was situated to be used for the purposes of providing and maintaining municipal services in the area previously comprising the school corporation and, if a dispute arises in respect of the moneys or the amount thereof, the matter shall be referred by the minister to the board of reference and its decision in respect thereof is final and binding on all persons affected thereby.
Disposition of property on school site.
Where a school corporation is dissolved under section 5 or 13 if on property previously owned by the school corporation, there is situated a fixture or other property, real or personal, which did not belong to the school corporation, the minister may refer to the board of reference established under section 8 the matter of the disposal of the fixture or other property so situated on the property previously owned by the school corporation and its decision in respect thereof is final and binding on all persons affected thereby.
Audit of school division or school district.
Where a school corporation is dissolved, the secretary-treasurer of the school corporation shall forthwith turn over to the auditor of the school corporation, or if there is no auditor, to an auditor appointed by the minister, all books, documents and records of the school corporation and the auditor shall audit the books and records of the school corporation, and shall forward them, together with his report on the audit, to the school corporation which shall pay the costs of the audit.
Dissolution of closed remote school district.
Where all the schools in a remote school district are closed and have been continuously closed for two or more years, the minister may refer the matter of dissolving the remote school district to the board of reference which may order
(a) that the remote school district be continued; or
(b) that the remote school district be dissolved, the lands within the remote school district be transferred to a school division and direct the manner in which the assets and liabilities of the remote school district shall be disposed of or paid and adjust the rights and claims consequent upon the changes to be made.
NORTHERN SCHOOL DIVISION
Establishment of school division.
The minister may, by order, establish a northern school division to include such territory north of the northern boundary of township 22 in the province as he considers advisable.
The minister may, as he deems advisable, by order
(a) withdraw territory from a school division established under subsection (1); or
(b) add further territory north of the northern boundary of township 22 in the province to a school division established under subsection (1);
or
(c) create remote school districts within a school division established under subsection < 1 ):
and with respect to a remote school district created under this subsection, the minister may make such regulations as are necessary for the proper operation thereof, including the making of grants.
An order made under subsection (1) or (2) shall include
(a) the name and number of the school division or remote school district, as the case may be;
(b) the date on which the order takes effect; and
(c) a description of the territory included in the school division, added to the school division, or withdrawn from the school division or included in the remote school district, as the case may be.
School board is a corporation.
The school board of a school division or remote school district established under subsection (1) or (2) is a body corporate.
The minister shall not include in a school division established under subsection 14(1), territory that is within or forms part of an established school division.
Appointment of official trustee.
Upon the establishment of a northern school division, the minister shall appoint an official trustee for the school division.
The minister shall fix the salary of an official trustee appointed under subsection (1), which shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.
The minister may appoint a committee of persons residing in the school division to advise and assist the official trustee with respect to school matters in the school division.
The minister may appoint a local committee, for any community within the school division where there is a school, consisting of persons residing within that community, to advise and assist the official trustee with respect to school matters in the community.
In addition to the specific powers, duties and functions set out in this Part, an official trustee appointed under subsection 16(1) has and may perform with respect to any school operated by the school division all the powers, duties and functions that may be exercised or performed by
(a) an official trustee under this Act; and
(b) a school board.
Special powers of official trustee.
An official trustee of a school division appointed under subsection 16(1) may
(a) arrange for transportation for pupils attending schools within the school division;
(b) arrange for living accommodation and necessities for pupils attending schools within the school division;
(c) with the approval of the minister, establish one or more secondary schools within or without the school division for the education of pupils residing within the school division and determine the courses to be offered thereat;
(d) with the approval of the minister, establish and provide for a residence for students attending any secondary schools established under clause (c); and
(e) employ and pay teachers and other employees required for the operation of the school division and the schools and residences established and operated by the school division.
Estimate of approved expenses.
In each year the official trustee of a northern school division shall prepare in accordance with the provisions of Part IX to the extent that they are applicable, an estimate of the approved expenses and revenues for all schools operated in the school division, including grants and support payable or to be provided to the school division for the current year and shall submit the estimate to the minister for his approval.
Where a municipality or a local government district that is wholly or partly included in a northern school division receives notice of apportionment as provided in section 183, it may appeal the apportionment and subsections 191(5) and (6) apply with such modifications as the circumstances require.
Where a municipality or a local government district all or part of which is within a northern school division receives a notice of the amount apportioned to the municipality or local government district under this Act and of the amount allocated to the municipality or local government district under Part IX, the sections pertaining to the collection and payment of the amounts apportioned apply.
The minister, with the approval of the Lieutenant Governor in Council, may make such additional grants or provide such additional support as he deems advisable to a northern school division established under subsection 14(1) for the purposes of capital and operating expenditures.
SCHOOL BOARDS
Qualifications of candidates for trusteeship.
A person is qualified to be nominated for, and elected as, a trustee of a school board if
(a) he is resident elector in the school division or school district; and
(b) he is a Canadian citizen as defined in The Local Authorities Election Act; and
(c) he is of the full age of 18 years; and
(d) he is not disqualified from being a trustee under any other provision of this Act.
Nominations of candidates to be elected as school trustees in each school division or school district shall be made in the form and manner prescribed in The Local Authorities Election Act, and each nomination shall be accompanied by a written acceptance thereof by the candidate and a declaration by the candidate in Form 9 of that Act.
The nomination and election of school trustees shall be conducted in the same manner and according to the same principles as the municipal nominations and elections of councillors, and the provisions of The Local Authorities Election Act respecting the time for opening and closing the poll, the mode of voting, corrupt or improper practices, qualifications of electors and declarations of office apply with such modifications as the circumstances require, to the election of the school trustees.
The number of trustees elected by the qualified electors shall be such number in each ward, or where there are no wards such number of trustees elected at large, as is prescribed by
(a) an order establishing the school division or school district; or
(b) an award of the board of reference; or
(c) a by-law of the school board, passed as provided by section 57.
Notwithstanding any provision of any other Act of the Legislature and except as otherwise provided in this Act or in the order or award establishing or altering the school division or school district, each trustee shall hold office for a term of two years, and thereafter until his successor is elected or appointed and takes office.
Elections in school divisions in Greater Winnipeg.
Notwithstanding any provision of any other Act of the Legislature, elections for school trustees shall be held on the same date on which elections for members of the council of The City of Winnipeg are held with respect to the following school divisions:
(a) The Winnipeg School Division No. 1.
(b) The St. James-Assiniboia School Division No. 2.
(c) The Assiniboine South School Division No. 3.
(d) The St. Boniface School Division No. 4.
(e) The Fort Garry School Division No. 5.
(f) The St. Vital School Division No. 6.
(g)The Norwood School Division No. 8.
(h) The River East School Division No. 9.
(i) The Seven Oaks School Division No. 10.
(j) The Transcona-Springfield School Division No. 12.
(k) The Seine River School Division No. 14.
Term of office of trustees in Greater Winnipeg.
The term of office for trustees shall be
(a) for those school divisions that are entirely within The City of Winnipeg the same as the term for the members of the council of the City of Winnipeg; and
(b) for a ward in a school division or in a school division that has no wards, that is not entirely within The City of Winnipeg, the same as the term of office for councillors of the municipality in which a major part of that ward or school division is situated.
The minister may make such regulations as he deems necessary for the conduct of the election of trustees under this section.
Commencement of term of office.
The term of office of trustees shall commence 14 days after the fourth Wednesday in October of the year in which the election is held or on the date of the first meeting whichever first occurs.
Increasing or decreasing term of office.
Where a written request is received by the minister from a school board other than the board of a school division mentioned in subsection (2), indicating that the school board is in favour of decreasing the term of office from three years to two years or of increasing it from two years to three years, as the case may be, the minister may approve the request.
Alternating terms of trustees.
Where the minister receives a written request from a school board other than the board of a school division mentioned in subsection (2), that elections be held annually to provide for the election of trustees on an alternating basis, the minister may approve the request and fix the number of trustees to be elected in each year.
A person elected trustee shall, before assuming the duties of the office, make an affidavit of qualification and take the oath of office in Form I of Schedule "D" to this Act.
Subject to subsection (2), where
(a) no return is made for one or more wards or polling subdivisions in consequence of nonelection owing to interruption from any cause; or
(b) a person elected to a school board neglects or refuses to accept office or to make the necessary declarations of office within the time required: or
(c) a vacancy occurs on the school board caused by reason of the resignation of the chairman or other member of the school hoard, by death, by judicial decision or otherwise; or
(d) a vacancy is about to occur due to the receipt by the secretary-treasurer of a resignation under section 39;
the chairman of the school board for the time being, or, in the case of his absence or of his office being vacant, the secretary-treasurer, or, in the case of the like absence or vacancy in the office of the secretary-treasurer, one of the trustees shall, forthwith, by warrant, under the signature of the chairman, secretary-treasurer or trustee, as the case may be, require the returning officer to hold a new election to fill the vacancy.
Vacancy in final year of term.
Where the vacancy occurs in the year in which the term of office expires, the school board may resolve not to fill the vacancy.
Where the non-election, neglect or refusal or other vacancy occurs previous to the organization of the school board for the year, the warrant for the new election shall be issued by the chairman or a trustee of the school board, for the previous year, or by the secretary-treasurer in the manner provided in subsection (1).
Organization of board despite irregularity.
The non-election, neglect, or refusal or other vacancy does not prevent the immediate organization of the new school board if a majority of the full number of the school trustees is present.
The election shall be held not later than six weeks after the issue of the warrant, and the returning officer shall appoint a day and a place for the nomination of candidates and a day on which the election shall be held and the election shall, in respect to notices and other matters, be conducted in the same manner as the regular elections of the school division or school district.
Appointment of trustees, if election neglected.
Where at a regular or other election of a school division or school district, or at a regular or other nomination, not being a case of an interrupted election, the electors neglect or decline to elect or nominate a trustee on the day appointed or to elect or nominate the requisite number of trustees,
(a) the members of the new school board if they constitute a majority of the school board; or
(b) if the members of the new school board do not constitute a majority of the full school board, the members of the school board for the last preceding year or a majority of them;
shall appoint, where necessary, as many qualified persons as will constitute or complete the number of trustees requisite for the school board.
A trustee elected or appointed to fill a vacancy shall hold office only for the unexpired term of the person in whose place he has been elected or appointed.
Application of Local Authorities Election Act.
The Local Authorities Election Act applies
(a) to the election of trustees;
(b) to the preparation and revision of the list of electors; and
(c) to the submission under this Act of any question to a vote of the electors of a school division or school district.
Where in this Act there is reference to The Municipal Act or any provision thereof in respect of a matter relating to an election or the submission of a question to the vote of electors of a school division or school district
(a) if the matter is dealt with in The Local Authorities Election Act, that reference shall be deemed to be a reference to The Local Authorities Election Act or to the corresponding provision thereof: and
(b) if the matter is not dealt with in The Local Authorities Election Act, that reference shall be deemed to continue to be a reference to The Municipal Act or to the relevant provisions thereof.
Public Schools Act to prevail.
Where there is any conflict between the provisions of this Act and the provisions of any other Act of the Legislature or of any city charter respecting the number of trustees, the number of wards and the procedure for changing the number of trustees or the number of wards or altering the boundaries of the wards in any school division or school district, the provisions of this Act prevail.
OFFICIAL TRUSTEE
Appointment of official trustee.
The Lieutenant Governor in Council may appoint an official trustee for any school division or school district, the affairs of which are not being or cannot be, in his opinion, satisfactorily managed by the school board of that school division or school district, as the case may be.
Every official trustee appointed under this section
(a) has all the powers and authority conferred by this Act upon a school board and upon its officers;
(b) shall comply with the provisions of this Act relating to school boards in so far as they apply to him; and
(c) shall be remunerated out of the funds of the school division or school district or otherwise, as the Lieutenant Governor in Council may decide.
Retirement of former officials.
Upon the appointment of an official trustee under this section for any school division or school district, ail other trustees and officials of the school division or school district, if any, shall cease to hold office and after a proper audit they shall forthwith deliver to the official trustee all moneys, books and records, pertaining to the school division or school district to be retained by him while he holds office.
Retirement of official trustee.
The Lieutenant Governor in Council may, either on his volition or on petition signed by at least 50% of the electors of the school division or school district, arrange for the election of a school board for the school division or school district and, upon the trustees being elected and taking office, the appointment of the official trustee appointed under subsection (1) shall terminate.
Where the Lieutenant Governor in Council before or after the coming into force of this Act has appointed or appoints any officer of the department as official trustee of a school division or school district, he may also appoint any one or more members of the staff of the department to be a deputy of the official trustee so appointed and to act during his absence or incapacity from any cause and may, by the order, direct that each deputy shall have all the powers and duties of the official trustee or only such of them as may be specified in the order and each deputy shall have, exercise and discharge the powers and duties as set out in the order.
An official trustee appointed under this section shall report to the minister all occupations of trust as is required for secretary-treasurers under subsection 53(5).
MEETINGS OF TRUSTEES
The first meeting of a school board following a regular election shall be held in the month of November not later than the 14th day after the fourth Wednesday in October in the year of the election at an hour to be fixed by the secretary-treasurer of the school division or school district who shall notify each trustee of the time and the place of the meeting.
Election of the chairman and vice-chairman.
At the first meeting of a school board, in November of each year, the trustees present shall elect from among themselves a chairman and vice-chairman for the next ensuing year and the secretary-treasurer of the school board shall preside at the election, or, if there is no secretarytreasurer present, the trustees present shall select one of themselves to preside at the election and the member selected to preside may vote on the election.
In the event of a tie vote in selecting a chairman or vice-chairman the school board shall determine by lot who shall cast the deciding ballot.
Notwithstanding subsection (2), the school board may hold a meeting at any time and any place to deal with an emergency situation if all the trustees consent thereto and are present thereat.
Notice of school board meetings.
Notice of all school board meetings, regular and special, shall be given by the secretary-treasurer to all trustees so that the notice will be received at every trustee's designated address at least 24 hours before the meeting, by notifying each of them personally or in writing, stating the place, date and hour of the meeting.
Every school board shall hold its meetings openly, and no person shall be excluded or removed from any meeting except for improper conduct.
Meetings of committees may be held in camera.
Maintaining order by conduct and deciding questions.
At all meetings of the school board the chairman of the meeting shall
(a) maintain the order and proper conduct and decorum of the meeting; and
(b) decide questions of order, subject to an appeal to the rest of the board.
Removal of persons from meetings.
Where, at a meeting of the school board, any person other than a member of the school board is, in the opinion of the chairman of the meeting, guilty of disorderly or improper conduct, the chairman of the meeting may require him to leave the meeting forthwith and if he fails to do so may cause him to be removed.
The chairman shall preside at the meetings of the school board and may vote with the other members on all questions and any question on which there is an equality of votes shall be deemed to be negatived.
In the absence of the chairman, the vice-chairman shall preside and while so presiding he has all the powers of the chairman.
Subject to the provisions of this Act and the regulations, each school board shall pass by-laws establishing rules of procedure for the guidance of the school board in the conduct of its meetings.
Subject to subsection (3), a question once decided by a school board shall not be reversed unless
(a) written notice of a proposal to reverse the decision has been given from at least one meeting to another: and
(b) a majority of the total number of trustees for the division votes in favour of the reversal.
Reversal by unanimous consent.
A decision of a school board may at the same meeting at which it is made and by unanimous consent of all members present and voting thereon be reversed.
Powers of trustees in case of illegal election or vacancy.
No resolution, by-law, proceeding or action, of any school board shall be invalid or set aside by reason of any person whose election as a member thereof has been annulled or declared illegal under this Act or any other Act of the Legislature, or who is not qualified under this Act, as the case may be, having acted as a trustee and, where the seat of any trustee becomes vacant, the remaining trustees shall carry on the work of the school board until his successor is elected or appointed and takes office.
Corporate acts must be done at school board meetings.
An Act or proceeding of a school board that is not done or taken at a regular or special meeting of the school board, is not valid or binding on any person affected thereby.
No trustee to have contract with the school division or school district.
No trustee shall have any pecuniary interest in, or receive or expect to receive, any profit or benefit from any contract, agreement or engagement taken, made or entered into, either in his own name or in the name of another, with the school board of which he is a member, and any such contract, agreement or engagement is void.
Notwithstanding subsection (1), a trustee may
(a) receive a sum determined by a rate not exceeding that fixed by a resolution of the school board, for work done for the school board apart from his duties as trustee if
(i) the school board is unable to arrange to have the work done by someone who is not a member of the school board and, before the work is done, by resolution, approves of the work to be done by the trustee, or
(ii) the work is done to relieve an emergency and the school board, by resolution passed at its next meeting after the work is done, approves of the work done and acknowledges that it was done to relieve and emergency;
(b) be a shareholder in a corporation having dealings or contracts with the school board, unless
(i) directly or indirectly, he owns or is entitled to a beneficial interest in 5% or more of the issued capital stock of the corporation, or
(ii) he is a manager, managing director or other director, general manager, or secretary thereof, or other similar senior or executive official thereof, or devotes his whole time or the major portion of his time, to the direction of the affairs of the corporation, and
(iii) the dealings or contracts involve considerations or amounts exceeding, in any one year, in the aggregate more than a sum fixed by resolution of the school board at its inaugural meeting.
Limitation of trustee's rights.
A trustee who owns or has a beneficial interest of less than 5% of the capital stock of a corporation having dealings or contracts with the school division or school district shall not vote at meetings of the school board on any question affecting those dealings or contracts.
A trustee who violates any provision of this section shall, ipso facto, vacate his seat and the remaining trustees shall forthwith declare the seat vacant and order an election to fill the vacancy in accordance with subsection 26(1).
Seat vacated by absence from meetings, etc.
A trustee who
(a) absents himself from the regular meetings of the school board for four consecutive regular meetings or for a period of three consecutive months, whichever occurs first, without being authorized by resolution recorded in its minutes: or
(b) ceases to be a resident of the school division or school district for which he is a trustee;
shall, ipso facto, vacate his seat and the remaining trustees shall, subject to section 26, declare his seat vacant and order an election to fill the vacancy.
Where a complaint is made to the minister by a resident elector of a school division or school district that a trustee has refused to vacate his seat for violating any provision of this Act or the remaining trustees have failed to declare his seat vacant or forthwith order a new election, the minister shall designate a person to investigate the complaint.
Formalities of making complaint.
No complaint under subsection (1) shall be entertained by the minister unless it is made to him in writing.
Where he is investigating a complaint under this section, the person investigating the complaint has like powers and protection as are conferred upon a commissioner appointed under Part V of The Manitoba Evidence Act.
Decision of person investigating complaint.
Where he finds that any provision of this Act has been violated and the trustee against whom the complaint is made is thereby disqualified from holding his seat, the person investigating the complaint shall declare the seat vacant and appoint the time and place for an election to fill the vacancy.
The decision made under subsection (4) is subject to appeal in which case the provisions of section 250 apply, with such modifications as the circumstances require.
A trustee may resign his office by giving written notice of the resignation to the secretary-treasurer and the remaining trustees shall, subject to section 26, take steps to fill the vacancy.
The secretary-treasurer of a school division or school district and any other person to whom a school board entrusts school moneys, shall be bonded by an insurer licensed to undertake guarantee insurance in the province to secure the due keeping of, accounting for and paying over of all school moneys or property that come into his hands.
Bonding of official trustees and secretarytreasurers.
The minister shall cause
(a) every official trustee appointed by the Lieutenant Governor in Council; and
(b) the secretary-treasurer and other persons entrusted with money or property of a school division or school district;
to be bonded under one or more general bonds covering, or each covering, the officials of several school divisions or school districts and the minister shall pay the premium charged for any such bond out of such moneys as may be authorized by an Act of the Legislature to be paid and applied for grants to public schools.
Where the minister causes a bond to be procured under subsection (2), the bond may be executed by the minister, or by the Minister of Finance, on behalf of the government notwithstanding that the government may have no insurable interest therein or may not be the employer of any person in respect of whose default, malfeasance, misfeasance, non-feasance, dishonesty or neglect of duty, the bond is issued or given or made and in any case where the government is not the employer of any such person the minister executing the bond shall be deemed to be the agent, attorney and trustee for that purpose for each of the school divisions or school districts in respect of the secretary-treasurer and other persons for whom the bond is issued, given or made, in so far as their respective interests may extend and the bond shall be binding on the guarantor or insurer therein named in accordance with the terms thereof.
The adequacy of any bond provided under this section shall be determined by the school board.
Where the school board determines that the bond coverage under this section is inadequate, it shall, at its own expense, obtain additional bond coverage for the persons involved.
POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
DUTIES OF SCHOOL BOARDS
Certain duties of school boards.
Every school board shall
(a) provide adequate school accommodation for the resident persons who have the right to attend school as provided in section 259;
(b) erect and maintain upon the school building or on the school grounds a flagstaff and shall cause the national flag of Canada to be
(i) flown on each day that the school is open, weather conditions permitting, or
(ii) prominently displayed in the school building when weather conditions do not permit the flag to be flown outdoors:
(c) authorize the disbursement of any moneys that are to be expended or have been expended in accordance with subsection 53(4);
(d) publish, except in the case where a regulation made under section 193 applies, a summary or condensation of the annual financial report which summary or condensation shall not provide less information than the summary statement of revenue and expenditure and the statement of financial position of the revenue fund as may be required under subsection (14) and state in the publication thereof that a copy of the audited financial report is available for inspection by any resident elector at all reasonable hours in the office of the secretary-treasurer and that the resident elector at his own expense, may make a copy thereof or extracts therefrom;
(e) except in the case of school districts to which the regulations made under section 193 apply, make available for examination and inspection in the office of the secretary-treasurer of the school board at any reasonable time by any resident of Manitoba a copy of
(i) the final budget for the current year or any year within the last five years as adopted by the school board and submitted to the Public Schools Finance Board, but excluding therefrom information that may be related directly to any individual employee or to any current negotiations in respect of employee remuneration or benefits, and
(ii) the audited financial statements of the school board for any year within the last five years prepared in accordance with the requirements of subsection (14), and permit the resident, at the resident's expense, to make copies thereof or of extracts therefrom;
(f) arrange to deposit all school division or school district funds in an account established with a bank or credit union;
(g) subject as otherwise provided in this Act, employ teachers and such other personnel as may be required by the school division or school district;
(h) arrange for the payment of salaries at least monthly;
(i) subject to this Act and the regulations, prescribe the duties that teachers and other personnel are to perform;
(j) allow students enrolled in a teacher education course conducted to prepare persons to be certified as teachers under The Education Administration Act and approved by the minister, to attend any classroom of any school as determined by the school board and the teacher education institution, at any time when the school is in session for the purpose of observing and practice teaching;
(k) admit at the opening of the fall term and at such times as the school board may by by-law establish, children beginning school pursuant to the provisions of Part XIV of this Act;
(l) in any published advertisement for the employment of a teacher, state
(i) if no schedule of pay is in effect, the salary or the basis of the salary to be paid to the teacher, or
(ii) if a schedule of pay is in effect, that the salary paid will be in accordance with the salary schedule for the school division or school district or with the collective agreement for the school division or school district, as the case may be;
(m) immediately notify the minister responsible for health of any case reported to the school board pursuant to clause 96(e);
(n) arrange to purchase textbooks for free distribution to pupils;
(o) select and purchase or rent school sites and premises, and build, repair, furnish, keep in order and regulate the use of the school buildings, lands, enclosures and movable property;
(p) determine the number, kind, grade, and description, of schools to be established and maintained;
(q) screen every pupil who has not previously been screened entering the school system in that division or district, for physical, mental, emotional or learning disability.
Request for deduction and payment of dues.
Where collection of The Manitoba Teachers' Society fees is not covered by a collective agreement any teacher may in each year file with the school board by which the teacher is employed, in a form approved by the minister, a request that the annual dues of the teacher to The Manitoba Teachers' Society be deducted from the salary payable to the teacher and paid to the society as provided in subsection (3).
Method of deduction and payment.
Where a teacher has filed a request under subsection (2) or where a collective agreement in effect provides for the deduction and payment of annual dues of The Manitoba Teachers' Society, the school board shall deduct or pay over to the society the total amount of the dues on a monthly basis or on such basis as may be provided for by the collective agreement.
Instructional responsibilities of school boards.
Every school board shall provide or make provision for education in Grades I to XII inclusive for all resident persons who have the right to attend school.
Subject to any regulations made under The Education Administration Act every school board shall make provision for a pupil to attend a school in another school division or school district for a program not provided by the pupil's home school division or school district and the pupil's home school division or school district is responsible for paying the residual costs of the education.
Any dispute as to what constitutes residual costs shall be referred to the minister whose determination thereon is final and binding.
Tuition fees for Indian pupils.
Where an agreement has been signed between the Government of Canada and the province respecting the attendance of Indian pupils in public schools, the Lieutenant Governor in Council shall, by order in council, annually set the tuition fee which shall be paid by the province to a school division or school district in respect of each Indian child enrolled in a public school therein.
Each school board shall annually appoint an auditor, who shall be a chartered accountant, or an auditor approved by the provincial auditor and in determining whether a person is qualified to be approved for appointment as an auditor, the provincial auditor shall have regard to that person's
(a) education;
(b) training in accounting and auditing;
(c) practical experience in auditing;
and no person shall be appointed as an auditor who is not a member in good standing of an incorporated body of accountants in Canada which requires of its members and has power to enforce, a high standard of professional conduct.
The auditor of the school division or school district shall annually make an examination of the financial affairs, books, accounts, records, and transactions of the division or district.
An examination made as required under subsection (9) shall be in accordance with generally accepted auditing practices, and shall include a general review of the adequacy of the accounting procedures and system of internal control employed to preserve and protect the assets.
The auditor shall not later than June 30 in any year, make a report to the school board on the annual financial statements examined by him as at the close of the next preceding fiscal year; and the report shall state
(a) whether his examination included
(i) a general review of the accounting procedures of the division; and
(ii) such tests of accounting records, and examination of other supporting evidence, as he considers necessary in the circumstances; and
(b) whether, in his opinion, the balance sheet and statement of revenue and expenditure present fairly the financial position of the school division at the end of its fiscal year, and the results of its operations for that fiscal year, in accordance with accepted accounting principles for divisions applied on a basis consistent with that of the preceding year.
The auditor shall submit to the school board a supplementary report on his examination in which he shall state
(a) whether, in his opinion, the accounting procedures or systems of control employed by the school division are adequate to preserve and protect its assets;
(b) whether there are any other matters which he considers should be brought to the attention of the school board of the school division or the minister; and in the report, he shall make such recommendations as seem to him necessary regarding the proper performance of duties, and keeping of records, by the treasurer of other officers and employees of the division;
(c) whether the funds of the school division have, to the best of his knowledge and belief, been paid and disbursed only under authority granted by an Act of the Legislature, or under authority of a resolution or by-law of the division made under the authority of an Act of the Legislature; and
(d) whether any irregularity or discrepancy in the administration of the affairs of the school division came to his notice in the course of his examination.
The auditor shall furnish one copy of each report to the minister.
Financial statement to minister.
Not later than June 30 in each year each school board shall furnish to the minister in a form prescribed by him and in the manner required, a duly audited financial statement showing the revenues, expenditures, and other financial information of the school division, or school district for the last preceding year, and the financial position of the school division or school district at the close of that year.
The school board of every school district shall submitt on request of the minister, in such form and manner as he may prescribe, a detailed estimate of its expenses for all purposes and revenues from all sources for the current year.
TRANSPORTATION OF PUPILS
Subject to the provisions of this Act and the regulations, in all cases where transportation of pupils is required, it shall be provided for those pupils who would have more than one mile to walk in order to reach school, and, further, provision for transportation from home to school shall be made regardless of distance for those pupils who are unable to walk to school because of physical or other handicaps.
Subject to subsection (1) and the regulations, each school board shall provide or make provision for the transportation of all resident pupils to and from school or may pay all or part of the living expense of such pupils in lieu of providing transportation.
Compensation to parent for transporting.
Subject to subsection (6) and the regulations, where a school board is required to provide transportation of pupils to and from school, if for any reason a pupil of the school division or school district is not conveyed to school in a school bus, or is conveyed to and from a point more than 1/2 mile from the residence of the pupil, the parent or legal guardian of the pupil is entitled to receive compensation from the school division or school district for the transportation of the pupil as provided in this section.
The compensation referred to in subsection (3) shall be paid by the school board to the parent or legal guardian at a rate established by the school board and at least once a month or as mutually agreeable to the parent or legal guardian and to the school board, for each day the pupil is so transported.
In calculating distance relating to the transportation of pupils, the shortest travelled route available to the pupil shall be used and no account shall be taken of the distance to be travelled by the pupil over the property of the parent or legal guardian on which the residence of the pupil is situated.
Limitation on duty to provide conveyance.
Subject to the regulations and subsection (1), no school board shall be required to extend a transportation route beyond the boundaries of the school division or school district, and nothing herein requires the school board to provide for the conveyance of a pupil to and from a point closer than 1/2 mile from the residence of the pupil.
The school board shall enter into an agreement with any insurer licensed and authorized to carry on insurance business in Manitoba, to indemnify the school division or any conveyor under agreement or under the authority of an agent of the school board against loss or damage resulting from bodily injury to or death of any pupil being conveyed and against any other peril that may arise as a result of the conveyance of pupils.
Minister may deduct premium from grant.
The minister may enter into an agreement for and on behalf of, or as agent for, any one or more school divisions or school districts with any insurer licensed to carry on the business of insurance in the province, insuring the school division or school divisions, or the school district or school districts, as herein provided and the minister may deduct the premium payable in respect of a school division or school district so insured from the moneys payable as grants to the school division or school district as the case may be.
Regulations respecting school transportation.
The Lieutenant Governor in Council may make regulations that are ancillary to and not inconsistent with any provisions of this Act respecting the standards of transportation provided by school divisions and school districts for pupils and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,
(a) respecting the duties, powers and functions of drivers of vehicles used for such transportation, of persons contracting for such transportation, and of school officials, principals and teachers in respect of such transportation;
(b) respecting the testing of vehicles used for such transportation and the testing of the drivers thereof;
(c) respecting the use of vehicles used for such transportation, for purposes other than such transportation;
(d) prescribing standards and specifications to be met and maintained respecting vehicles used for such transportation and equipment thereon, and prescribing procedures for the enforcement of such standards and the persons who may enforce such standards;
(e) respecting the powers and duties of school patrols in respect of such transportation and the vehicles used therefor;
(f) prescribing rules of safety including emergency procedures to be followed in respect of such transportation and the vehicles used therefor, by the drivers thereof, the students, and the school officials, principals and teachers.
No support shall be provided under Part IX in respect of transportation of pupils unless all requirements of this Act and the regulations respecting transportation of pupils have been met.
POWERS OF SCHOOL BOARDS
General powers of school boards.
Subject to the regulations, a school board may
(a) provide a course of instruction and training for children between three and six years of age in nursery or kindergarten schools or both;
(b) establish and conduct evening schools and part-time day schools;
(c) arrange for and conduct summer schools;
(d) with the consent of the minister, establish and conduct day schools for special purposes;
(e) enter into an agreement with the minister to establish and conduct special courses, whether or not such courses are part of the public schools program and for payment to the school board in connection with such course, such amount as may be specified in the agreement;
(f) collect such tuition fees as the school board may establish for any of the classes referred to in clauses (b) to (e) except for classes that are part of the regular public school program;
(g) provide such apparatus and materials as may be deemed expedient for any of the purposes of this section;
(h) provide, with or without charge, lunches to pupils;
(i) provide materials, appliances and equipment for school sports and games and supervise and direct sports and games during school terms or vacation;
(j) purchase books and other instructional materials to be given to the pupils or to be loaned to them with or without charge as the school board may decide:
(k) provide such course of technical and vocational instruction as may be approved by the minister for pupils enrolled in or attending the schools under the jurisdiction of the school board by placing the pupils under the instruction of any person approved by the minister;
(l) with the approval of the Lieutenant Governor in Council, establish, maintain and provide for a school outside the limits of the school division or school district;
(m) where the responsibility for payment is that of the pupil, parent or guardian, recover nonresident fees with costs in any court of competent jurisdiction in the province as a debt due to the school division or school district from any person or corporation by whom they are payable;
(n) establish and administer, with the consent of the minister, a system of medical and dental inspection of pupils and employees and subject to The Public Health Act and the regulations made thereunder, make such arrangements as may be approved by the minister for attending to the health, cleanliness and physical condition of the pupils and employees of the schools under the jurisdiction of the school board;
(o) subject as otherwise herein provided, collect from a parent or guardian of a non-resident pupil attending any elementary or secondary grade, an amount not exceeding the net residual cost per pupil per month;
(p) notwithstanding any other provision of this Act, enter into an agreement with the government, or any minister of the government on behalf of the government, or any agency of the government or any other school board or any person
(i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or
(ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or
(iii) respecting the provision, exchange or sharing of educational services, or
(iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or
(v) respecting the construction of a regional vocational school or any other school within or without its territorial jurisdiction, and respecting the programs to be offered therein, or
(vi) respecting any one or more of the things mentioned in sub-clauses (i) to (v);
(q) notwithstanding any other provision of this Act, but subject to the approval of the minister, enter into an agreement with the Government of Canada or a minister thereof on behalf of the Government of Canada or an agency of the Government of Canada or an Indian Band or its representative to whom authority over the education of children of the Indian Band has been granted under an Act of Parliament,
(i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or
(ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or
(iii) respecting the provision, exchange or sharing of educational services, or
(iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or
(v) respecting any one or more of the things mentioned in sub-clause (i) to (iv);
(r) enter into agreements with the council of a municipality for the purpose of construction and maintenance of recreational or other facilities on property owned by the school division or school district and for the joint use of those facilities:
(s) decide who shall be school visitors;
(t) provide or make provision for the transportation of any of its resident pupils to and from school, or to and from any school activity during or outside of school hours, and may provide, in whole or part, for the expense of any such transportation;
(u) establish, operate, maintain and regulate a system of patrols for the protection of children from traffic accidents;
(v) establish and provide for any course of study approved by the minister;
(w) provide or authorize the levying of caution fees or fines.
A school board may spend moneys raised for school purposes
(a) for extending courtesies of providing tributes and recognition to any person;
(b) for sponsoring or participating in activities in co-operation with educational organizations;
(c) for making grants to or becoming members of such organizations of and educational or related nature as the school board may determine; and
(d) for the in-service education of teachers or other employees.
A school board may grant to a pupil a scholarship, bursary or award.
Subject to the regulations and notwithstanding any other provision of this Act, a school board may suspend or expel from a school any pupil who, upon investigation by the school board, is found to be guilty of conduct injurious to the welfare of the school.
Granting of leave of absence to teachers.
A school board may grant leave of absence to any teacher, officer of other employee under its jurisdiction for such period as the school board may approve and may grant the teacher, officer or other employee such allowance per month, during leave of absence, as the school board deems advisable.
A school board may, by by-law, provide a schedule of cumulative sick leave with pay for its employees other than teachers.
A school board may, under the terms of any arrangement with its employees place insurance coverage on its employees and provide for salary continuation plans and may spend money raised for school purposes to pay, in whole or in part, the premiums thereon.
Agreement respecting regional vocational schools.
With the written approval of the minister, two or more school divisions may enter into an agreement for the administration of and provision of funds for the operation of, a regional vocational school and the agreement may provide for the establishment of a governing board to administer the regional vocational school.
Membership of governing board.
Where an agreement made under subsection (1) provides for the establishment of a governing board to administer regional vocational schools, the board shall be comprised only of trustees from the school boards of the school divisions which are party to the agreement and shall be known as: " The Governing Board for Regional Vocational School" and, upon being established, the members of the governing board are a body corporate and politic under that name.
Subject to subsection (4), a governing board established under an agreement made under subsection (1) to administer a regional vocational school has, for and in respect of the regional vocational school the powers, duties and obligations of a school board under this Act.
Notwithstanding subsection (3) or any other provision of this Act, a governing board established under an agreement made under subsection (1) to administer a regional vocational school does not have the powers, duties and obligations imposed under clauses 41(1)(a), (k) or (p) subsections 41(4) or (5), section 43, clause 48(1)(a), section 57 or Part IX.
Where an agreement is made under subsection (1) in respect of a regional vocational school, the school divisions which are parties to the agreement may enter into subsidiary agreements with each other or with a governing board established under the agreement to administer the regional vocational school, or both, respecting the provision of supplies and services by the school divisions to the regional vocational school or the governing board, or by the governing board, if any, to the school divisions.
Additional transportation powers.
Notwithstanding subsection 43(6), a school division which is a party to an agreement under subsection (1) in respect of a regional vocational school may, for the purpose of assisting in the administration of the regional vocational school, and in accordance with any agreement made under subsection (1) or (5), extend transportation routes beyond the boundaries of the school division and provide transportation to pupils residing outside the school division.
Subject to subsection (2) and the regulations, a school board shall, by by-law, establish a superannuation or pension plan for its employees and officers who are not provided for under The Teachers' Pensions Act and for this purpose may
(a) establish a superannuation or pension fund and make rules governing the management, administration and investment of the fund; and
(b) make rules which specify the person who is eligible to participate in the plan, the amount each participant is required to contribute, the conditions under which a participant, other person or estate is eligible to receive a pension or other benefits, the amount of such pension or other benefits and the procedures to be followed in the administration of the plan; and
(c) enter into an agreement with a life insurance company or trust company, provided such company is authorized to carry on its business in the Province of Manitoba, to manage the investments of the fund; and
(d) guarantee the solvency of any superannuation or pension fund established by it.
In lieu of establishing a superannuation or pension fund under subsection (1), a school board may
(a) enter into an agreement with a municipality in Manitoba whereby the employees of the school board become eligible to participate in the superannuation or pension plan established by that municipality; or
(b) enter into an agreement with a life insurance company authorized to carry on its business in Manitoba, or with the Government of Canada or with the Manitoba Association of School Trustees, to provide a pension or other benefits for its employees who are not teachers.
Contribution by school boards.
Where a superannuation or pension plan is established under subsection (1) or (2) the school board shall contribute from the funds of the school division or school district the amount required under the plan to be contributed by it and shall include the amount of the contribution in its annual estimates.
Protected from attachment and not assignable.
The interest of an employee in the fund or any allowance or payment out of the fund to any person entitled under this Act is not subject to garnishment, attachment or seizure, or to any legal process whatsoever and in the case of the death of the employee or person receiving an allowance, any allowance or payment out of the fund does not form part of the estate of the deceased so as to be liable for any of his debts and no interest, allowance or payment out of the fund is assignable, except that the sum which an employee who leaves the service or is dismissed is entitled to be paid out of the fund may be assigned to another employee superannuation or pension fund or plan approved by the Minister of National Revenue.
SUPERINTENDENT
Appointment of superintendent.
A school board may appoint a superintendent, fix and pay his remuneration and define his duties.
Delegation of powers and duties to superintendent.
A school board may by resolution delegate to the superintendent
(a) power to employ, within the establishment and budgetary limits set by the school board, necessary staff except senior officers and employees holding administrative or supervisory positions; or
(b) except in respect of positions mentioned in clause (a), power to accept resignations and power to grant within policy and budgetary limits established by the school board, exchange leave for teachers and to cancel or alter that leave; or
(c) power to appoint attendance officers; or
(d) power to promote non-teaching staff into established positions, except in respect of positions mentioned in clause (a); or
(e) power to select teachers for schools operated by the Department of National Defence, to grant leave for service with the Department of External Affairs and to select teachers for similar service: or
(f) power to request municipal councils to make improvements in roads and sidewalks adjacent to school sites and power to enter into agreements on behalf of the school board with respect thereto within policy and budgetary limits established by the school board; or
(g) power to approve payment under final certificates for payments in respect of routine contracts awarded by the school board other than for new buildings, where the contracts have been completed to his satisfaction; or
(h) any one or more of the powers mentioned in clauses (a) to (g).
SECRETARY-TREASURER
Appointment of secretary-treasurer.
Every school board shall appoint a secretary-treasurer, fix and pay his remuneration and define his duties.
Where a secretary-treasurer is appointed, the chairman of the school board or the secretary-treasurer shall, within 10 days thereafter, send or cause to be sent to the minister by registered mail a written notice of the appointment stating the full name and address and qualifications of the appointee.
Subject to subsection (4), the secretarytreasurer shall pay the accounts authorized by the school board and in accordance with the policy of the school board.
Payment of accounts without approval.
The secretary-treasurer may without prior approval of the school board pay all accounts that are payable by the school division or school district and that have been included in the estimates of the school division or school district for the year in which the account is payable if he considers payment without prior approval of the school board to be in the best interests of the school division or school district and pay all other accounts that are payable by the school division or school district and that have been approved by the school board.
Secretary-treasurer to report occupations of trust.
At the first meeting in each year the secretary-treasurer shall make a written statement to the school board of all occupations in which he is engaged which involve the receipt by him of money other than that belonging to the school board or to himself and he shall thereafter during the year as they occur, report any such additional occupations or any discontinuance thereof and the chairman of the school board shall immediately report to the minister all such occupations made known to the school board.
An auditor referred to in subsection 41(8) for the purpose of carrying out his duties may
(a) require the attendance of all or any of the persons interested in the accounts, and of their witnesses, with all such books, papers and writings as the auditors may direct them or any of them to produce;
(b) administer oaths to persons and witnesses.
Every trustee and every employee of a school board shall, on request, furnish to the auditor all papers, books accounts and information that the auditor requires to carry out his duties and that it is in the power of the trustee or the employee, as the case may be, to furnish.
Every secretary-treasurer, every person who has been a secretary-treasurer and every trustee or other person who has in his possession any books, papers, chattels or moneys that came into his possession as secretarytreasurer, trustee or otherwise shall deliver up or account for and pay over the books, papers, chattels and moneys to the person designated by the school board or by the minister.
The secretary-treasurer shall record in a minute book, without note or comment, all resolutions, decisions and other proceedings of the school board.
On the demand of any resident elector, the secretary-treasurer shall make available to him and permit him to examine the minutes of any school board meeting, excepting any record of any meetings held in camera, at any time when the offices of the school division or school district are open for the transaction of business.
Sections 247, 248 and 249 apply, with such modifications as the circumstances require, to every person who contravenes, neglects, refuses or fails to comply with subsection 54(3).
GENERAL PROVISIONS
A school board may, by by-law, provide for the payment of an annual indemnity to the chairman and to each trustee payable in such amount and at such times and under such conditions as provided in the by-law.
In addition to the indemnity referred to in subsection (1), each member of the school board may be paid and may accept
(a) such amount per mile as set by by-law of the school board for each mile actually and necessarily travelled from his place of residence in the school division or school district to the place of meeting and return to his place of residence, allowable only once for each school board meeting;
(b) such amount per hour as set by by-law of the school board for each hour actually and necessarily spent by him under authority previously given by resolution of the school board in the performance of such duties, work or services as he is required or authorized under the resolution to perform; and
(c) such an amount per mile, as set out by by-law of the school board, for each mile actually and necessarily travelled by him in the performance of the duties, work or services to which clause (b) applies;
but the remuneration or mileage mentioned in clauses (b) and (c) is not payable until an account showing the work or service performed, verified by statutory declaration, has been filed with the secretary-treasurer and payment thereof authorized by resolution of the school board.
A school board may reimburse its trustees, trustees-elect or employees for expenses necessarily incurred while attending conventions or carrying out duties assigned or approved by the school board and at such rates and under such conditions as the school board may determine.
Notwithstanding any other provision of this Act, the principal of each school, subject to the rules of the school board, may raise, hold, administer and expend moneys to be known as "school funds" for the purposes of the school.
Exclusion of student council funds.
School funds referred to under subsection (4) do not include student council funds.
Alteration of wards and numbers of trustees.
Subject to subsections (2). (3), (4). (5) and (6) a school board may, by by-law, or on the petition of 10 or more resident electors
(a) alter the boundaries of existing wards;
(b) increase or decrease the number of wards;
(c) increase or decrease the number of trustees in any ward but the total number of trustees shall not be fewer than five or more than 11;
(d) abolish the existing wards and, subject to clause (c), state the number of trustees to be elected at large;
(e) establish wards and subject to clause (c), state the number of trustees to be elected in each ward so established; or
(f) do any one or more of the things mentioned in clauses (a) to (e).
Subject as herein provided each trustee of a school division or school district divided into wards shall represent, in so far as is practicable, approximately the same number of resident electors.
A school board of a school division or school district divided into wards may establish a representation quotient for the school division or school district by dividing the total number of resident electors as determined by the latest revised electors' roll by the total number of trustees to be elected.
Action to preserve equality by population of wards.
Where, in the case of a school division or school district divided into wards, the number of electors per trustee in any one or more of the several wards thereof varies from the quotient obtained under subsection (3) to an extent greater than is permitted under subsection (5), the school board may take such action as may be required to give effect to subsection (2).
Variation in population basis.
In determining the area to be included in, and in fixing the boundaries of any ward the school board shall consider
(a) special geographic conditions, including the sparsity, density and relative rate of growth or loss of population of a part of the school division or school district; and
(b) any special diversity or community of interests of the inhabitants of a part of the school division or school district;
and may allow a variation in the population requirement of any ward where, in its opinion, those considerations or any of them render a variation desirable but in no case may the representation quotient of any ward in the school division or school district as a result thereof vary from the quotient obtained under subsection (3) to an extent that is greater than 25% or to an extent that is less than 25% of the quotient.
School board may not pass by-law.
Where the application of subsection (3), (4) or (5) would result in a reduction in the number of trustees in the school division or school district, the school board may decide not to pass the by-law.
A by-law passed under subsection (1) has no effect unless approved in writing by the minister.
Before the minister approves a by-law passed under subsection (1), he may require the by-law to be submitted to a referendum of the resident electors of the school division or school district.
A by-law made under subsection (1) shall take effect on the date of the next following regular election of trustees in the school division or school district and the term of office of all trustees of the school division or school district affected by the by-law terminates at the time the by-law takes effect and, before the election, the minister in approving the by law shall determine the term of office or method of fixing the term of office of each of the trustees to be elected.
Appeal against action of school board.
Where 10 or more resident electors of a school division or school district aggrieved by the action of a school board under subsection 57(1) or by the failure of the school board to take action within three months next following the making of a request under subsection 57(1) the electors may in writing appeal to the minister against the action, or the failure or refusal to act of the school board and the minister may refer the matter to the board of reference.
Where under subsection (1) the minister refers the matter to the board of reference, he shall send a copy of the request to the board of reference and to the school division or school district and the board of reference shall act thereon as provided in section 9.
AGREEMENTS WITH PRIVATE SCHOOLS
In this Part, "private school" means a "private school" as defined in The Education Administration Act.
A school board may with the approval of the minister, enter into an agreement with a private school to provide under the supervision and control of the school board to children enrolled in the private 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 a private 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 private 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 Part I or IX may include amounts
(a) in respect of transportation provided by the school division or school district under an agreement made under subsection (1) to children enrolled in a private school;
(b) in respect if facilities and resources of a school division or school district used under an agreement made under subsection (2) by or for the benefit of children enrolled in a private school.
The minister may pay to the private school by way of grants under the regulations in respect of instruction and services that are offered by the private school to children enrolled in the private school where the minister is satisfied that
(a) the private school teaches a sufficient number of courses approved under The Education Administration Act to ensure that children enrolled in the private school receive an education of a standard equivalent to that received by children in public schools; and
(b) the teachers teaching the approved courses to children enrolled in the private school hold valid and subsisting teaching certificates issued under The Education Administration Act;
and the minister may make regulations respecting the making of grants under this subsection.
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 or with the consent of the minister, land which the school division or school district requires for demonstration work in agriculture or horticulture.
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.
Exemption from certain building restrictions.
Notwithstanding any provision of this Act where a school board purchases land that is subject to a building restriction caveat, the land may be used by the school division or school district for its purposes in any manner notwithstanding the caveat or any agreement attached to or referred to therein.
Sale of school site or other property.
Subject to section 174, a school board may dispose of any school site or school property not required by the school board.
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.
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 $5,000. 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.
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 acquire, by lease, buildings and property as the school board deems necessary for its purposes.
A school board may, subject to 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.
Approval of minister to purchase of buildings.
The school board shall not purchase, erect, enlarge or remodel school buildings, teachers' residences, students' residences or any buildings on property owned or leased by the school division or school district, or any one or more of them, or enter into a contract for any of those purposes, unless
(a) in the case of a building that is erected, enlarged or remodelled, the plans therefor have been approved by the minister; and
(b) in the case of a building that is to be purchased, the purchase has been approved by the minister.
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.
Where holiday falls on Sunday.
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 for pilot courses 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.
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 Association of School Trustees;
(b) two shall be appointed by the minister from not fewer than four persons who are members of les éducateurs 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.
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.
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.
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
No person is legally qualified to teach or to be employed by a school board as a teacher 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.
Every agreement between a school board and a teacher shall be in writing signed by the parties thereto and sealed with the seal of the school board and except in the case of a school board authorized to use another form of contract approved by the minister shall be in Form 2 of Schedule D.
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 an approved form of 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 one other school board in the province for more than one full school year within three years prior thereto, the period of employment with that other school board shall, for the purposes of subsection (4), be deemed to be time during which the teacher was employed under the new agreement with the new school board.
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.
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.
Application of sec. 117 to dispute.
Section 117 applies to any dispute as to the content, meaning, application or 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.
COLLECTIVE BARGAINING
In this Part
"bargaining agent" means a local society that acts on behalf of the teachers employed by a school board
(a) in collective bargaining, or
(b) as a party to a collective agreement with their school board; ("agent négociateur")
"board" means The Collective Agreement Board for which provision is made in section 150; ("commission" )
"certified bargaining agent" means a bargaining agent that has been certified under this Part and the certification of which has not been revoked; ("agent négociateur accrédité" )
"collective agreement" means a duly executed agreement in writing, between a school board and a bargaining agent acting on behalf of the teachers employed by the school board, containing terms or conditions of employment of the teachers including provisions with references to rates of pay; ("convention collective")
"collective bargaining" means negotiating with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be, and "bargaining collectively" and "bargain collectively" have corresponding meanings; ("négociation collective")
"conciliation officer" means a person referred to in section 114 whose duties include the conciliation of disputes: ("conciliateur")
"dispute" means a controversy or difference or apprehended controversy or difference between a school board and one or more of the teachers employed by it or a bargaining agent acting on behalf of those teachers, as to 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 as to 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: but does not include a controversy or difference arising out of the termination or threatened termination of the contract of a teacher by reason of alleged conduct unbecoming a teacher on the part of a teacher: ("différend")
"local society" means an association of the society organized and established under The Manitoba Teachers' Society Act and includes a division association, a remote local association and a district association; ("association locale")
"society" means The Manitoba Teachers' Society incorporated under The Manitoba Teachers' Society Act; ("association")
"teacher" means a person who holds a teacher's certificate or a limited teaching permit issued under The Education Administration Act and who is employed by a school board under a written contract in Form 2 of Schedule D or in any other form approved by the minister under section 92, but does not include a superintendent, an assistant superintendent or a deputy assistant superintendent employed by a school board; ("enseignant")
"trustees' association" means The Manitoba Association of School Trustees. ("association de commissaires")
No person ceases to be a teacher within the meaning of this Act by reason only of his dismissal contrary to this Part, or by reason only of his dismissal contrary to a collective agreement made under this Part.
Meaning of "unit" and "appropriate for collective bargaining".
For the purposes of this Part, a "unit" means a group of teachers and "appropriate for collective bargaining" , with reference to a unit means a unit that is appropriate for such purposes whether it be a group of teachers employed by a single school board or a group of teachers who individually are employed by two or more school boards.
Subject to section 99, this Part applies to
(a) teachers as defined in subsection 97(1);
(b) school boards;
(c) the society; and
(d) the trustees' association.
This Part does not apply
(a) to Her Majesty in right of Manitoba; or
(b) to teachers employed by Her Majesty in right of Manitoba.
RIGHTS OF TEACHERS AND SCHOOL BOARDS
Nothing herein limits the right of a teacher to be a member of the society as provided in The Manitoba Teachers' Society Act and to participate in the activities thereof.
Nothing herein limits the right of a school board to be a member of the trustees' association as provided in The Manitoba Association of School Trustees Act, and to participate in the activities thereof.
Interference with society by a school board.
Subject to subsection (2), neither a school board nor the trustees' association nor any person acting on behalf of either of them shall participate in, or interfere with, the operation or administration of the society or any division association or contribute financial or other support to it.
Authorized acts of school boards.
Notwithstanding anything in this section, a school board may
(a) permit a teacher or a representative of the society or of a local society to confer with it during working hours or to attend to the business of the society or a local society during working hours, without deduction of time so occupied in the computation of time worked for the school board and without deduction of a salary in respect of the time so occupied; or
(b) provide free transportation to representatives of the society or local society for the purposes of collective bargaining; or
(c) permit the society or a local society to use the school premises for the purposes of the society or the local society.
Discrimination by school boards.
No school board, and no person acting on behalf of a school board, shall
(a) refuse to employ or to continue to employ any teacher or otherwise discriminate against any teacher in regard to employment or any term or condition of employment because the teacher is a member of the society ; or
(b) impose any condition in a contract of employment seeking to restrain a teacher from exercising his rights under this Part.
No school board and no person acting on behalf of a school board shall seek by intimidation, by threat of dismissal or by any other kind of threat, or by the imposition of a pecuniary or other penalty or by any other means, to compel a teacher to refrain from becoming or to cease to be a member or officer or representative of the society.
Suspension of discharge of teachers.
Except as expressly provided in this Part, nothing in this Part affects the right of a school board to suspend or discharge a teacher for proper and sufficient cause or to transfer a teacher at the discretion of the school board.
Canvassing of teachers to become members.
Except with the consent of the school board, neither the society nor any person acting on behalf of the society shall attempt, in a school during school hours, to persuade a teacher to become a member of the society.
Coercing teachers to become member prohibited.
No person shall seek by intimidation or coercion to compel a teacher to become, or to refrain from becoming, or to cease to be, a member of the society.
Requirement of membership in collective agreement.
Nothing in this Act prohibits the parties to a collective agreement from including in the collective agreement a provision requiring, as a condition of obtaining employment, membership in the society, or granting a preference of employment to members of the society.
No provision in a collective agreement requiring a school board to discharge a teacher because the teacher is or continues to be a member of, or engages in activities on behalf of a professional group other than the society, is valid.
COLLECTIVE AGREEMENTS
A local society claiming to have as members in good standing a majority of the teachers employed by one or more school boards employing the teachers in a unit that is appropriate for collective bargaining may, subject to the rules of the board and in accordance with this section make application to the board to be certified as bargaining agent of the teachers in the unit.
Where no time limit on application.
Where no collective agreement is in force and no bargaining agent has been certified under this Part for the unit, the application may be made at any time.
Where no collective agreement is in force but a bargaining agent has been certified under this Part for the unit, the application may be made after the expiry of 12 months from the date of certification of the bargaining agent but not before except with the consent of the board.
Limit where agreement is in force.
Where a collective agreement is in force, the application may be made at any time after the expiry of 10 months of the term of the collective agreement, but may be made before that time with the consent of the board.
Determination by board respecting application.
Where a local society makes application for certification under this Act to be the bargaining agent of teachers in a unit, the board shall determine whether the unit in respect of which the application is made is appropriate for collective bargaining, and the board shall take such steps as it deems appropriate to determine the wishes of the teachers in the unit as to the selection of a bargaining agent to act on their behalf.
Where, pursuant to an application for certification under this Part by a local society, the board has determined that a unit is appropriate for collective bargaining and is satisfied that the majority of teachers in the unit are members in good standing of the society, it may certify the local society as the bargaining agent of the teachers in the unit.
Consent by school boards to certification.
Where a local society makes application for certification under this Part claiming to have as members in good standing a majority of the teachers in a unit that is appropriate for collective bargaining and that includes teachers employed by two or more school boards, the board shall not certify the local society as the bargaining agent of the teachers in the unit unless the school boards employing those teachers in the unit consent thereto.
Examination and inquiries by board.
The board may for the purposes of determining whether the majority of the teachers in a unit are members in good standing of the society or whether a majority of them have selected the local society to be their bargaining agent, make or cause to be made such examination of records or other inquiries as it deems necessary including the holding of such hearings or the taking of such votes as it deems expedient and the board may prescribe the nature of the evidence to be furnished to it.
Where certification of local society may be refused.
Notwithstanding anything in this Part, the board shall not certify a local society as a bargaining agent for the teachers in a unit if, in the opinion of the board, the administration, management, policy of the society or of the local society, is influenced by a school board to such an extent that the fitness of the local society to represent the teachers in the unit for the purpose of collective bargaining is impaired.
Where a local society is certified under this Part as the bargaining agent of the teachers in a unit
(a) the local society immediately replaces any other bargaining agent of the teachers in the unit and the local society has exclusive authority to bargain collectively on behalf of the teachers in the unit and to bind them by a collective agreement until the certification of that local society in respect of the teachers in the unit is revoked;
(b) if another local society has previously been certified as bargaining agent in respect of the teachers in the unit, the certification of the last mentioned local society shall be deemed to be revoked in respect of those teachers;
(c) if, at the time of certification, a collective agreement binding on, or entered into on behalf of teachers in the unit is in force, the certified local society shall be substituted as a party to the agreement in place of the bargaining agent that was a party to the agreement on behalf of the teachers in the unit and may, notwithstanding anything in the agreement, apply to the board for authority to terminate the agreement effective upon either December 31 or June 30 then next following upon not less than two months notice to the school board and the board may grant such authority.
Effect of merger on collective agreements.
Where a school district that is a party to a collective agreement becomes part of a school division or of another school district, the collective agreement is binding on the school division or school district in which the school district is included or with which it is merged and continues in effect until it is terminated under the terms of the agreement and on the termination of the agreement the certification of the bargaining agent shall be deemed to be revoked in respect of those teachers in the unit.
Reinstatement of certain revoked certifications.
A certification that has been revoked under subsection (2) may be reinstated if, in the opinion of the board, the unit has not been materially affected by the inclusion of the school district in a school division or other form of amalgamated or merged school district.
Effect on dissolution of school district.
Where a school district is dissolved and included in a school division and a division association of the society has been certified under this Part as the bargaining agent for the teachers employed by that school district, if the same division association has been certified under this Part as the bargaining agent for the teachers employed by the school division in which the school district had been included, that division association shall be conclusively deemed to be the bargaining agent for the teachers who had been employed by the school district prior to its dissolution and who become employed by the school division under the certification of the division association as the bargaining agent for the teachers employed by the school district.
Where, in the opinion of the board, a bargaining agent no longer represents a majority of teachers in a unit for which it was certified, the board may revoke the certification and thereupon, notwithstanding sections 111 and 112, the school board shall not be required to bargain collectively with the bargaining agent but nothing in this section prevents the bargaining agent from making an application under section 104.
Effect of revocation on collective agreement.
Where the certification of a bargaining agent is revoked and no other bargaining agent is certified in place thereof and a collective agreement is in force which is binding on or entered into on behalf of the teachers in the unit for which the bargaining agent was certified, the school board, on being so authorized by an order of the board, may terminate the agreement in such manner and after giving such notice as is specified in the order.
Application for order authorizing termination.
A school board may, after giving seven days notice to the bargaining agent whose certification has been revoked, apply for an order under subsection (2).
Request to begin collective bargaining.
Where the board has, under this Part, certified a local society as a bargaining agent of teachers in a unit and no collective agreement with the school board binding on or entered into on behalf of teachers in the unit is in force
(a) the bargaining agent may, on behalf of teachers in the unit, by notice require the school board to begin collective bargaining: or
(b) the school board may, by notice, require the bargaining agent to begin collective bargaining;
with a view to the conclusion of a collective agreement.
Notice to begin collective bargaining.
Either party to a collective agreement may by notice given
(a) not more than 90 days, not including days in the months of July and August; and
(b) not less than 30 days, not including days in the months of July and August;
before the day on which the agreement terminates, require the other party to the agreement to begin collective bargaining with a view to the renewal or revision of the agreement or conclusion of a new collective agreement.
Rules as to filing of notice, etc.
The board, with the approval of the Lieutenant Governor in Council, may make rules respecting the filing and publication of notices given under subsection (1) and for the filing of a report by the parties to an agreement of intention to begin collective bargaining with a view to the renewal or revision of the agreement or the conclusion of a new collective agreement.
Effect of notice to begin collective bargaining under section 109.
Where notice to begin collective bargaining has been given under section 109
(a) the certified bargaining agent and the school board or a representative of the trustees' association on behalf of the school board shall, within 14 clear days after the notice was given or within such further time as the parties may agree to meet and begin, pr cause authorized representatives on their behalf to meet and begin, collective bargaining with one another and shall make every reasonable effort to conclude a collective agreement: and
(b) the school board shall not, without consent by or on behalf of the teachers affected, decrease rates of pay or alter any other term or condition of employment of teachers in the unit for which the bargaining agent is certified until
(i) a collective agreement has been concluded, or
(ii) a board of arbitrators appointed to consider the matter under dispute has made an award and seven days have elapsed after copies thereof have been mailed to the school board and the bargaining agents: whichever first happens.
Effect of notice given under section 110.
Where a party to a collective agreement has given notice under section 110, the other party to the agreement
(a) subject to any rule made under subsection 110(2), the parties shall, within 14 clear days after the notice was given, or such further time as the parties may agree upon, meet and begin, or cause authorized representatives on their behalf to meet and begin, collective bargaining and make every reasonable effort to conclude a renewal or revision of the agreement or a new collective agreement;
(b) if a renewal or revision of the agreement or a new collective agreement has not been concluded before expiry of the term, or termination of, the agreement, the school board shall not, without consent by or on behalf of the teachers affected, decrease rates of pay or alter any other term or condition of employment in effect immediately prior to the expiry or termination provided for in the agreement until
(i) a renewal or revision of the agreement or a new collective agreement has been concluded, or
(ii) a board of arbitration appointed to consider the matter under dispute has made an award and 7 days have elapsed after copies have been mailed to the school board and the bargaining agent;
whichever is earlier; and
(c) if an application under section 104 is pending or the board is considering the revocation of the certification of the bargaining agent of the teachers, it may order that collective bargaining be suspended until a decision has been made respecting the application or revocation.
Limitation on withdrawal from bargaining.
Where collective bargaining has been substantially entered into under sections 111 and 112, a party so bargaining collectively shall not discontinue or withdraw from the collective bargaining on the ground that no notice, or improper or insufficient notice, has been given under section 109 or 110.
CONCILIATION
Appointment of conciliation officer.
Where a notice to begin collective bargaining has been given under this Part and
(a) collective bargaining has not begun within the time prescribed herein; or
(b) collective bargaining has begun;
and either party thereto applies to the minister in writing to appoint a conciliation officer to confer with the parties and to assist them to conclude a collective agreement or a renewal or revision thereof, and the application is accompanied by a statement of the difficulties, if any, that have been encountered before the beginning, or in the course of the collective bargaining, the minister, if he is satisfied that the applicant has complied with sections 111 and 112, shall appoint a conciliation officer to confer with the parties engaged in collective bargaining.
Conciliation officer to be appointed.
The conciliation officer appointed under subsection (1) shall be a conciliation officer as defined in The Labour Relations Act and who is made available for the purpose by the minister charged with the administration of The Labour Relations Act.
Appointment of board of arbitration.
Where a conciliation officer fails to bring about an agreement and so reports to the minister, and
(a) the school board or the bargaining agent, in writing requests the establishment of a board of arbitration: or
(b) in the opinion of the minister a board of arbitration should be established;
the minister shall appoint a board of arbitration as hereinafter set out.
Effect of collective agreements.
A collective agreement entered into by a certified bargaining agent and a school board is subject to and, for the purposes of this Part, binding upon
(a) the bargaining agent and every teacher in the unit of teachers for which the bargaining agent has been certified:
(b) the school board that has entered into the agreement: and
(c) any other existing school division or school district in which the school division or school district is included or any new school division or school district formed through the merger of the school division or school district with any one or more school divisions or school districts.
Effect of collective agreement in case of merger.
In a case to which clause (1)(c) applies every collective agreement in effect in ny of the school districts or school divisions that nave been included, consolidated or merged, is binding on the enlarged or new school division or school district with respect to those teachers only who are covered by the existing collective agreement.
Every collective agreement entered into shall contain a provision for final settlement, without stoppage of work, by negotiation, conciliation and arbitration or any of those means, of all disputes between the parties to, or persons bound by, the agreement including the teachers on whose behalf it was entered into, concerning its contents, meaning, application or violation.
Board may prescribe provision.
Where a collective agreement does not contain a provision as required by subsection (1), the board shall, upon application of either party to the agreement by order prescribe a provision for that purpose and a provision so prescribed shall be deemed to be a term of the collective agreement and binding on the parties to and all persons bound by, the agreement and all persons on whose behalf the agreement was entered into.
Compliance with agreement required.
Every party to, and every person bound by, the agreement and every person on whose behalf the agreement was entered into, shall comply with the provision for final settlement contained in the agreement.
Term of collective agreements.
Notwithstanding anything therein contained, every collective agreement that involves a local society as bargaining agent and a school board, shall, if for a term of less than a year, be deemed to be for a term of one year from the date upon which it came or comes into operation and if for an indeterminate term, shall be deemed to be for a term of at least one year from that date and no agreement to which this subsection applies shall, except as provided by section 106 or with the consent of the board, be terminated by the parties thereto within a period of one year from that date.
Revision of collective agreements.
Nothing in this section prevents the revision of any provision of a collective agreement, other than a provision relating to the term of the collective agreement, that under the agreement is subject to revision during the term thereof.
Closing of school under statute.
Nothing in this Part prohibits the closing of a school or a reduction in the size of staff employed by the school board because of a decrease in enrolment or for any other cause.
No teacher shall strike.
For the purposes of subsection (1) the word "strike" has the meaning given to that word in section 1 of The Labour Relations Act.
Notwithstanding anything herein, any teacher may present his personal grievance to the school board at any time.
CONCILIATION PROCEEDINGS
Report of conciliation officer.
Where under this Part a conciliation officer has been instructed to confer with parties engaged in collective bargaining or in a dispute, within 14 days after being so instructed, or within such longer period as the minister may from time to time allow, he shall make a report to the minister setting out
(a) the matters, if any, upon which the parties have agreed;
(b) the matters, if any, upon which the parties cannot agree; and
(c) his recommendation as to the need for the establishment of a board of arbitration.
BOARDS OF ARBITRATION
A board of arbitration under this Part shall consist of three members appointed in the manner provided in this section.
Nomination of members and appointment by minister.
Where under section 115 the minister is requested to establish or decides to establish a board of arbitration, he shall forthwith by notice in writing require the local society and the school board each to nominate within seven days after the mailing of the notice by the minister, one person to be a member of the board of arbitration and upon receipt of the nominations within the seven days, the minister shall appoint those persons as members of the board of arbitration.
The person nominated by the school board shall not be a trustee of the school board that is the employer.
The person nominated by the local society shall not be a member of the local society.
Appointment by minister on default of parties.
Where either of the parties to whom notice is given under subsection (2) fails or neglects to nominate a person within seven days after receipt of the notice, the minister shall appoint as a member of the board of arbitration a person he deems fit for the purpose, and that member shall be deemed to be appointed on the recommendation of the said party.
Notice of appointment by minister.
On appointing any person as a member of a board of arbitration, the minister shall forthwith notify him of his appointment by letter addressed to him at his latest address known to the minister and the notification shall include
(a) the name and address of the other arbitrator;
(b) a date not more than seven days after the date of the mailing of the notification before which the arbitrators are required to advise the minister
(i) of the name of the person whom they have found mutually acceptable for appointment as chairman of the board of arbitration and have selected for the purpose, or
(ii) that no person has been found who is mutually acceptable to them for that purpose.
Upon receipt of the notification, the persons appointed shall forthwith meet and endeavour to agree upon a third person whom they find to be mutually acceptable for appointment as chairman and shall within the time stated in the notification advise the minister of the name of the person so found whom they have selected or that they have found no person mutually acceptable as aforesaid.
Selection of chairman by Chief Justice.
Where the persons appointed report to the minister that they are unable to select a chairman, the minister shall so report to the Chief Justice of Manitoba who shall select a chairman and notify the minister of the person selected.
When a person has been selected in the manner as provided in subsection (7) or (8) to be chairman, the minister shall appoint him as chairman and forthwith thereafter the minister shall notify the persons appointed as members of the board of arbitration, the school board and the local society representing the teachers unit involved in the dispute, of the appointment of the board of arbitration and of the names and addresses of the members and of the chairman thereof.
Proof of due establishment of board of arbitration.
When the minister has given notice to parties that a board of arbitration has been appointed under this Part, it shall be conclusively presumed that the board of arbitration described in the notice has been established in accordance with this Part and no order shall be made, or process entered, or proceedings taken, in any court to question the appointment of the board of arbitration or to review, prohibit or restrain the establishment of that board of arbitration or any of its proceedings.
Filling of vacancy on board of arbitration.
Upon a person ceasing to be a member of a board of arbitration before it has completed its work, the minister shall appoint a member in his place, who shall be selected in the manner prescribed by this Part for the selection of the person who has ceased to be a member.
Oath of members of board of arbitration.
Each member of a board of arbitration, including the chairman thereof, shall, before acting as such, take and subscribe before a person authorized to administer an oath or affirmation for use in the province, and file with the minister, an oath or affirmation in the following form:
"I do solemnly swear (affirm) that I will faithfully, truly, impartially, and to the best of my knowledge, skill, and ability, execute and perform the office of member of the board of arbitration appointed to bring to a conclusion the dispute between The School District of No. or The School Division No. and the teachers employed by it and to make an award with respect thereto; and I will not, except in the discharge of my duties, disclose to any person any of the evidence or other matter brought before the said board.
So help me God." (Omit last 4 words if person affirms.)
Where the minister has appointed a board of arbitration, he shall forthwith deliver to it a statement of the matters referred to it and may amend or add to the statement either before or after the board of arbitration has made its award.
After a board of arbitration has made its award the minister may direct it to reconsider and clarify or amplify the award or any part thereof, or to consider and decide on any new matter added to the statement of matters referred to it, and the award of the board of arbitration shall not be deemed to be received by the minister until the reconsidered award is received.
Fixing of first sitting and notice thereof.
Forthwith after his appointment, the chairman of the board of arbitration shall set a time and place for the first sitting of the board and he shall give at least seven days written notice thereof to
(a) the certified bargaining agent of the teachers in the unit involved in the dispute;
(b) the secretary-treasurer of the school board that is the employer;
(c) each of the other members of the board of arbitration; and
(d) the minister.
Procedure of board of arbitration.
Except as otherwise provided in this Part, the board of arbitration may determine its own procedure but it shall give full opportunity to all parties to present evidence and make representations.
The chairman, after consultation with other members of the board of arbitration, may fix the time and place of subsequent sittings and shall notify the parties as to the time and place so fixed.
The chairman and one other member of the board of arbitration constitute a quorum thereof but notwithstanding that there is a quorum present where a member of the board of arbitration is absent, the other members shall not proceed unless the absent member was given reasonable notice of the sitting of the board of arbitration.
Decisions of board of arbitration.
The decision of a majority of the members present at a sitting of the board of arbitration is the decision of that board, and if the votes cast are equal the chairman has a casting vote in addition to his vote as a member of the board.
At the conclusion of its sittings the board of arbitration shall make an award, setting out its decision as to the manner in which all matters in dispute between the parties shall be settled and the chairman of the board of arbitration shall forthwith forward certified copies of the award to the certified bargaining agent of the teachers, the school board and the minister.
Award of the board of arbitration.
An award concurred in by the majority of the members of the board of arbitration is the award of the board of arbitration.
Effect of award of arbitration.
An award of the board of arbitration is binding upon the bargaining agent, the teachers in the unit involved in the dispute and the school board.
In any proceedings before the board of arbitration no onus lies on any party to the proceedings to make prima facie proof or any matter alleged; but the board of arbitration shall, in making its award, take into account the weight to be given to the evidence adduced.
Each party to a dispute before the board of arbitration has the right to be represented by or assisted by counsel, agent, other representative or any one or more of them.
The board of arbitration may summon before it any witnesses and require them to give evidence, orally or in writing, on oath, or on solemn affirmation if they are persons entitled to affirm in civil matters and to produce such documents and things as the board of arbitration deems requisite to the full investigation and consideration of the matters referred to it and the board of arbitration and the members thereof shall have like protection and powers as are conferred upon commissioners appointed under Part V of The Manitoba Evidence Act.
Information obtained from documents or things produced to the board of arbitration as provided in subsection (1), shall not, except as the board of arbitration deems expedient, be made public.
Any member of the board of arbitration may administer an oath under subsection (1) and the board of arbitration may receive and accept such evidence on oath, affidavit or otherwise, as in its discretion it may deem fit and proper, whether admissible as evidence in a court of law or not.
The board of arbitration shall make its award within 14 days after the delivery to it of the statement required by section 126 or of any amendment or addition thereto delivered before of after the making of the award, or within such longer periods as may be agreed upon by the parties or as may from time to time be allowed by the minister.
Award or testimony not admissible as evidence.
Neither an award of the board of arbitration nor testimony or proceedings before the board of arbitration is admissible in evidence in any court in the province in any matter or proceeding under a statute or law of the province or otherwise within the jurisdiction of the legislature.
Subsection (1) does not apply to proceedings taken to enforce an award of the board of arbitration.
Collective agreement following award.
Within 30 days of the day that the board of arbitration established under section 115 makes its award, the parties to the arbitration shall prepare and sign a collective agreement embodying all matters settled in the award.
ENFORCEMENT
Reference of certain complaints.
Where the minister receives a complaint in writing from a party required to enter into collective bargaining that any other party required to enter into collective bargaining has failed to comply with any procedure under this Part, he may refer it to the board.
Where a complaint from a party to collective bargaining is referred to the board under subsection (1), the board shall inquire into the complaint, and may make an order requiring any party to the collective bargaining to do such things as in the opinion of the board are necessary to secure compliance with the provisions of this Part.
Every party to collective bargaining in respect of whom an order is made under this section shall comply with the order.
Complaints as to violation of this Part.
A person claiming to be aggrieved because of an alleged violation of any provision of this Part may make a complaint in writing to the minister and the minister, upon receipt of the complaint may require the board to investigate and make a report to him with respect to the alleged violation.
Upon receipt of a report under subsection (1) the minister shall furnish a copy to each of the parties affected.
Responsibility for acts and omissions of local organizations.
For the purposes of sections 135, 136 and 137 the society and the trustees' association or an officer or agent of the member school board are included within the meaning of the word "organization" and for those purposes, every act, omission, refusal or neglect of a local society shall be deemed to be the act, omission, refusal or neglect of the society and every act, omission, refusal or neglect of a member school board of the trustees' association shall be deemed to be the act, omission, refusal or neglect of the trustees association.
Acts of agents or officers of trustees' association, etc.
Every act or thing done or omitted to be done by an officer or agent of the trustees' association or an officer or agent of the member school board acting within the scope of his authority shall be deemed to be an act or thing done or omitted to be done by the trustees' association.
Acts of agents of society, etc.
Every act or thing done or omitted to be done by an officer or agent of the society acting within the scope of his authority or by an officer or agent of a local society acting within the scope of his authority shall be deemed to be an act or thing done or omitted to be done by the society.
Every school board that decreases a rate of pay or alters any terms or conditions of employment contrary to section 111 or section 112, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding
(a) $5. in respect of each teacher whose rate of pay was so decreased or whose term or condition of employment was so altered; or
(b) $250.;
whichever is the lesser for each day during which the decrease of alteration continues contrary to this Part.
Every person or organization and every school board who or which violates section 101 or 102 is guilty of an offence and liable, on summary conviction,
(a) if an individual, to a fine not exceeding $200.; or
(b) if an organization or a school board, to a fine not exceeding $500.
Order for payment of back salary.
Where a school board is convicted for violation of clause 101(3)(a) by reason of its having suspended, transferred, laid off or discharged a teacher contrary to this Part, the convicting court, judge or magistrate, in addition to any other penalty authorized by this Part, may order the school board to pay to the teacher a sum not exceeding the amount of the salary that would have accrued to the teacher up to the date of conviction, but for the suspension, transfer, lay-off or discharge and may order the school board to reinstate the teacher at such date as in the opinion of the court, judge or magistrate, is just and proper in the circumstances, in a position which the teacher would have held but for the suspension, transfer, lay-off or discharge.
An order for payment of salary made under subsection (2) shall be deemed to be an order made under The Wages Recovery Act, and the provisions of that Act apply thereto to the extent necessary for the enforcement of the order.
Failure to comply with orders an offence.
Every person or organization and every school board who or which refuses or neglects to comply with a lawful order of the board is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50. for each day during which the refusal or neglect continues.
Failure to comply with Part an offence.
Every person or organization and every school board, who or which does anything prohibited by this Part or who or which refuses or neglects to do anything required by this Part to be done by him or it, is guilty of an offence and except where some other penalty is provided for the act, refusal or neglect is liable, on summary conviction,
(a) if an individual, to a fine not exceeding $100.; or
(b) if an organization or school board, to a fine not exceeding $500.
Information for several offences.
An information or complaint in respect of a contravention of this Part may be for one or more offences.
Validity of proceedings relating to several offences.
No information, complaint, warrant, conviction or other proceeding in a prosecution is objectionable or insufficient by reason of the fact that it relates to two or more offences.
For the purposes of this Part an application to the board or any notice or any collective agreement may be signed
(a) if it is made, given or entered into by a school division or school district by the chairman and the secretary-treasurer of the school board of the school division or school district; or
(b) if it is made, given or entered into by the society or a local association of the society by the president and secretary thereof.
For the purposes of this Part and of any proceedings taken thereunder any notice or other communication sent through Her Majesty's mails shall be presumed, unless the contrary is proved to have been received by the addressee in the ordinary course of mail.
A document may be served or delivered for the purposes of this Part or any proceedings thereunder in the manner prescribed by regulations made by the minister and until such regulations are made, in the case of an individual by personal service upon him, and in the case of a corporation by personal service upon an officer thereof.
Proof of certificates of board, etc.
Any document purporting to be a certificate of the board or to contain, or to be a copy of, any regulation, rule, decision, direction or order of the board and purporting to be signed by a member of the board is admissible in evidence by any court as a sufficient certificate or as conclusive proof of the regulation, rule decision, direction or order or other matter therein contained of which it purports to be a copy.
A certificate purporting to be signed by the minister or his deputy, stating that a report, request or notice was or was not received or given by the minister under this Part and if so received or given, the date upon which it was so received or given, is admissible in evidence as prima facie proof of the facts stated therein, without proof of the signature of the minister or of his deputy.
Failure of a conciliation officer or of the board of arbitration to report to the minister within the time provided in this Part does not invalidate the proceedings of the conciliation officer or the board of arbitration, or terminate the authority of the conciliation officer or the board of arbitration under this Part.
No proceeding under this Part shall be deemed invalid by reason only of any defect in form or any technical irregularity.
Filing of collective agreements.
Each of the parties to a collective agreement shall forthwith upon its execution file one copy with the board.
Filing of documents by society and trustees' association.
The board may direct that the society and the trustees' association shall each file with the board
(a) a statutory declaration signed by its president or secretary, stating the names and addresses of its officers; and
(b) a copy of its constitution and by-laws;
and the society and the trustees' association shall comply with the direction within the time prescribed by the board.
ADMINISTRATION
Clerical assistance to arbitration board.
The minister may provide the board of arbitration with a secretary and such clerical or other assistance as the minister deems necessary for the performance of its duties.
Remuneration of arbitration board.
Where the board of arbitration is appointed under this Part the remuneration to be paid to and the expenses incurred by the members of the board of arbitration in carrying out their duties shall be borne equally by the parties to the dispute.
Every person, except a witness summoned at the request of a party, who is summoned by the board of arbitration and who duly attends as a witness is entitled to an allowance for expenses determined in accordance with the scale for the time being in force with respect to witnesses in civil suits in Her Majesty's Court of Queen's Bench for Manitoba.
Remuneration paid to a witness called by the board of arbitration or to a person provided to the board of arbitration under section 146 shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.
THE COLLECTIVE AGREEMENT BOARD
The Collective Agreement Board is continued.
Composition of Collective Agreement Board.
The board shall be composed of
(a) the Deputy Minister of Education, who shall be chairman of the board;
(b) two members appointed by the society; and
(c) two members appointed by the trustees' association.
Terms of office of regular members.
Subject to section 153, the term of office of the members appointed under section 151, other than the Deputy Minister, shall be two years commencing on April 1 in the year in which they are appointed.
Forthwith upon making an appointment of a member of the board, the society or the trustees' association, as the case may be, shall notify the minister in writing of the name and address of the person appointed.
Where an appointed member of the board vacates his office before the expiry of the term for which he was appointed, the society or the trustees' association, whichever appointed him, may appoint a new member to serve for the unexpired portion of his term.
Appointed members of the board are eligible for re-appointment.
The Lieutenant Governor in Council may appoint a person who is not a member of the board as vice-chairman of the board.
The vice-chairman shall act as chairman only during the absence or illness of the chairman or at any time when for any other reasons the chairman is unable to act, or at any time at the request of the chairman or of the minister and only while so acting the vice-chairman shall be a member of the board.
A majority of the members of the board constitutes a quorum.
A decision of the majority of the board present and constituting a quorum is the decision of the board and in the event of a tie the chairman or vice-chairman acting as the chairman has a casting vote in addition to his vote as a member of the board.
Subject to the approval of the Lieutenant Governor in Council, the board may make by-laws and rules, not inconsistent with this Part, for the conduct of its proceedings, affairs and business.
The board shall hold regular meetings as may be provided in its by-laws and rules and shall meet at any other time on request of the minister, at the call of the chairman, or on the written request of two members addressed to the chairman.
The board and the members present at a sitting thereof have like protection and powers as are conferred upon commissioners appointed under Part V of The Manitoba Evidence Act.
Evidence in matters before board.
The board may receive and accept such evidence and information on oath, affidavit or otherwise, as in its discretion it may deem fit and proper, whether admissible as evidence in a court of law or not.
Right of persons to be heard, etc.
The board shall in every case give an opportunity to all interested parties to be heard, to present evidence, to make representations, and to be represented by counsel.
Each member of the board is a public officer within the meaning of The Public Officers' Act and before acting as a member of the board he shall take and subscribe an oath of allegiance as prescribed in that Act and the following oath of office, namely:
"I do solemnly swear (affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill, and ability, execute and perform the office of member of The Collective Agreement Board, and will not, except in the discharge of my duties, disclose to any person any of the evidence or other matters brought before The Collective Agreement Board. So help me God." (omit last four words if person affirms.)
No member of the board, and no one acting under the instructions of the board, or under the authority of any Act conferring any powers or charging any duties on the board, or under the authority of regulations, rules or orders, made under such an Act, is personally liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by him pursuant to, or in the exercise of, the powers given to him by any such Act or the regulations, rules or orders, made thereunder.
Subject to The Civil Service Act, the Lieutenant Governor in Council may appoint such other officers, clerks and employees as may be deemed necessary to enable the board to discharge its duties.
Remuneration of board and staff.
Each member of the board shall be paid such salary or other remuneration as may be fixed by the Lieutenant Governor in Council and all officers, clerks and employees of the board shall be paid such salary or other remuneration as may be fixed under The Civil Service Act.
The salaries or other remuneration of members, officers, clerks and employees of the board shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.
The board shall, as soon as possible after the close of each school year, make a report to the minister of its transactions during the preceding school year and the report shall be forthwith laid before the Legislative Assembly if the Legislature is then in session and if it is not then in session within 15 days after the opening of the next succeeding session.
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.
Subject to the regulations, the board may by order, authorize any person or group of persons to exercise or perform all or any of its powers or duties under this Part relating to any particular matter and a person or group of persons so authorized with respect to that matter has the like protection and powers of commissioners under Part V of The Manitoba Evidence Act.
Where, in any proceeding before the board or otherwise, in the course of the administration of this Part, a question arises as to whether
(a) in any case, a collective agreement has been entered into and the terms thereof and the persons who are parties to, or are bound by the collective agreement or on whose behalf the collective agreement was entered into; or
(b) a collective agreement is by its terms in full force and effect; or
(c) any party to collective bargaining has failed to comply with any of the provisions of this Part; or
(d) a group of teachers is a unit appropriate for collective bargaining; or
(e) an individual can be properly classified as a teacher as defined in this Part:
the board shall decide the question and its decision is final and conclusive for all purposes of this Part.
Any decision or order of the board is final and conclusive and not open to question or review but the board may, if it considers it advisable so to do, reconsider any decision or order made by it under this Part.
Regulation deemed to be made by board.
Every regulation, order, decision or determination or other act or thing made, given or done by or on behalf of The Manitoba Labour Board or by any other person under The Labour Relations Act shall in so far as that regulation, order, decision, determination, act or thing might be done under this Part be deemed to have been made, given or done by The Collective Agreement Board under this Part.
Matters not admissible as evidence.
Subject to section 170, nothing said or done by the minister, the deputy minister, a conciliation officer, an employee of The Department of Education or a member of The Collective Agreement Board in the course of efforts made pursuant to this Part to settle a dispute is admissible in evidence in any proceeding before the board of arbitration relating to, or arising out of the dispute.
The minister may give to the board of arbitration a certificate in writing, signed by him, certifying
(a) as to whether he has received any notice or request to do anything that he is by this Act or by The Education Administration Act authorized to do; and
(b) as to whether he has done any such thing;
and any such certificate is admissible in evidence in an action or proceeding before the board of arbitration as prima facie proof of the matter therein certified, without proof of the signature of the minister.
GRANTS AND LEVIES
EDUCATION SUPPORT PROGRAM
In this Part
"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 Act; (" évaluateur")
"balanced assessment" means
(a) in the case of a municipality, the equalized assessment of the municipality plus the personal property assessment in the municipality for the year next preceding the year for which the balanced assessment is required to be determined,
(b) in the case of part of a municipality, the equalized assessment of that part of the municipality plus the personal property assessment of that part of the municipality for the year next preceding the year for which the balanced assessment is required to be determined, and
(c) in the case of a school division, the total of the balanced assessments of all the municipalities and parts of municipalities included in the school division: ("évaluation équilibrée")
"Canada supported pupil" means a pupil
(a) who resides on land owned or administered by the Government of Canada,
(b) who attends a school in a division, and
(c) for the education of whom the Government of Canada makes contributions to the division under an agreement made between the Government of Canada and the
division or between the Government pf Canada and the Government of Manitoba; ("élève à la charge du Canada")
"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 Northern Affairs; ("conseil")
"education balanced assessment" means the total of the balanced assessments of all municipalities; ("évaluation équilibrée à des fins d'éducation")
"education farm and residential assessment" means the total of the farm and residential assessment portions of the balanced assessments of all municipalities; ("évaluation agricole et résidentielle à des fins d'éducation")
"education other assessment" means the total of the other assessment portions of the balanced assessments of all municipalities; ("autre évaluation à des fins d'éducation")
"education support levy" means the differential levies imposed under this Part on farm and residential property and on other property in municipalities to raise a part of the annual revenues of the finance board; ("taxe d'aide à l'éducation")
"eligible enrolment" where used to refer to the eligible enrolment of a school division for a year means the number of pupils enrolled in the school division on September 30 immediately prior to that year less 1/2 of the number of pupils in the kindergartens of the school division on that date, but not including
(a) nursery pupils,
(b) Indian pupils enrolled in the school division and in respect of whose education an Indian band or the Government of Canada will be required to make contributions to the school division in that year, and
(c) Canada supported pupils, and
(d) pupils the cost of whose education is paid from sources other than school divisions; ("inscription recevable")
"equalized assessment" means
(a) in the case of a municipality other than a special locality, the latest effective equalized assessment of the municipality made by the provincial municipal assessor,
(b) in the case of a part of a municipality, that portion of the latest effective equalized assessment of the whole municipality made by the provincial municipal assessor that bears the same proportion to the total of the latest effective equalized assessment of the whole municipality made by the provincial municipal assessor as the municipal assessment of that part of the municipality bears to the total municipal assessment of that municipality, and
(c) in the case of a special locality, the latest effective assessment of the real property in the special locality made in accordance with The Municipal Assessment Act,
but excluding in every case all property that is not assessable property: ("évaluation uniformisée")
"farm and residential assessment" means the part of the balanced assessment, or the part of the actual assessment, as the case requires, of a municipality or a part of a municipality, or of a school division, that is attributable to farm and residential property in the municipality, the part of a municipality or the school division, as the case may be; ("évaluation agricole et résidentielle" )
"farm and residential property" means
(a) land, including buildings, used solely for the production of primary agricultural and horticultural products, including flowers, shrubs, trees, honey and furs and including fallow land and pasture land, or that part thereof that is used solely for those purposes,
(b) land, including buildings, used solely for residential occupation, or that part thereof that is used solely for that purpose, but not including hotels, motels, tourist camps and other similar types of transient accommodation,
(c) undeveloped, unimproved, vacant or abandoned land that is not under a planning scheme or a zoning by-law,
(d) undeveloped, unimproved, vacant or abandoned land that is under a planning scheme or a zoning by-law but that, under that planning scheme or zoning by-law, is usable only for residential or agricultural purposes or both,
(e) buildings that are classified as personal property and are used solely for residential occupation, or that part thereof that is used solely for that purpose, but not including hotels, motels, tourist camps and other similar types of transient accommodation; ("bien agricole et résidentiel")
"government support to education program" means the program of providing support administered by the finance board under this Part and the regulations; ("programme gouvernemental d'aide à l'éducation")
"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")
"other assessment" means that part of the balanced assessment or that part of the actual assessment, as the case requires, of a municipality, a part of a municipality or a school division that is attributable to other property in the municipality, part of the municipality, or school division, as the case may be; (" autre évaluation")
"other property" means all assessable property other than a farm or residential property; ("autre bien")
"personal property assessment" means the amount of the assessment of personal property or of property assessed as personal property within a municipality, a part of a municipality or a school division in respect of which the expression is used, made in accordance with the provisions of The Municipal Act and The Municipal Assessment Act or in accordance with the provisions of any other Act of the Legislature relating to assessment and that affects the municipality and in respect of which any tax is levied by the municipality or by the Minister of Northern Affairs on behalf of the municipality; ("évaluation des biens personnels")
"regulations" means regulations made under this Part; ("règlements")
"special locality" means a community in northern Manitoba as that expression is defined in The Northern Affairs Act; ("localité spéciale")
"year" means a numerical year. (" année")
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 Northern Affairs.
Provision of financial support.
The finance board shall, in each year, at the times and in the manner prescribed in the regulations, provide to each school division support under the government support to education program and the amount of support provided to each school division shall be calculated as provided in the regulations but not exceeding in any case the maximum amount of support prescribed in the regulation for or in respect of any specified costs except in order to provide each school division in 1986 and subsequent years, the same amount of support as in the preceding year, providing there is no reduction in services.
Deduction from financial support.
The finance board, on the written request of a school division, may pay all or part of the financial support provided to the school division under this Part and the regulations to the government, an agency of the government, sinking fund trustees, or a person entitled to the payment of principal and interest payable under debentures or securities issued by the school division or the liability for the payment of which has been assumed by or transferred to the school division under an Act of the Legislature and the amounts paid shall be deducted from the financial support provided to the school division.
Support provided under this Part and the regulations shall be provided subject to such terms and conditions as may be prescribed in the regulations.
Finance board not bound by estimate.
Notwithstanding that the finance board has notified a school division of an estimate of support to be provided to the school division under this Part and the regulations in any year, the support provided to that school division in that year shall not exceed the amounts calculated and limited as prescribed in the regulations.
Special reductions in support.
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 finance board 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.
Content of education support program.
From time to time the minister shall instruct and advise the finance board as to the nature and character of the costs incurred by school divisions in respect of which support is provided under this Part and the regulations.
Authority for disposal of land.
Subject to section 73, a school board of a school division shall not dispose of any land, buildings or buses 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 finance board and, where the finance board authorizes the disposition of any land, buildings or buses owned by a school board, or any interest or right therein, it may require that the moneys realized from the disposition be paid over to the government support to education fund established under The Public Schools Finance Board Act.
For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation 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
(a) prescribing the times at which and the manner in which support to be provided under this Part and the regulation shall be provided to school divisions;
(b) prescribing the manner in which support to be provided to school divisions under this Part and the regulations shall be calculated;
(c) prescribing the terms and conditions subject to which support shall be provided to school divisions;
(d) prescribing procedures by which school divisions may submit matters to the finance board for approval;
(e) notwithstanding any other provision of this Act, authorizing or requiring school divisions to transport pupils;
(f) prescribing the times at which and the manner in which municipalities shall remit to the finance board and to the school division amounts required to be remitted under this Part.
The finance board may make regulations not inconsistent with this Part or the regulations made under subsection (1) prescribing the form and manner in which estimates of expenses and revenues of school divisions shall be submitted to the finance board and in particular prescribing the items that shall be set out therein.
Appearance before finance board and appeal.
On request of a school division, the finance board shall reconsider any decision it has made under this Part and shall permit the school division or its representative to appear before the finance board to present evidence, make submissions and present argument and where, after the hearing before the finance board, the school division is not satisfied with the decision of the finance board, the school division may appeal the matter to the minister, whose decision in respect thereof is final and binding.
Determination of balanced assessments.
Before March 1, in each year, the finance board shall determine the balanced assessment for that year of
(a) each school division and each municipality or part thereof within the school division; and
(b) each municipality;
and shall determine the education balanced assessment, the education farm residential assessment and the education other assessment for that year.
On the written request of the finance board, the assessor or any member of his staff, and the officers and employees of municipalities, including the resident administrators of local government districts, the Minister of Northern Affairs and the officers and employees of the Department of Northern Affairs, shall provide such information as they have respecting assessment and taxation in any municipality as may be specified in the request.
Estimate of expenses and revenue of school divisions.
On or before January 15, in each year, the school board of each school division shall submit to the finance board in a form and manner prescribed by the finance board, a detailed estimate of its expenses for all purposes and revenues from all sources for that year.
Upon receiving the estimates of school divisions under section 178, the finance board shall review the estimates and make an estimate of the amount of support that it will be required to provide to each school division.
Before estimating the amount of support to be provided to any school division, the finance board 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.
Estimate of finance board requirements.
On or before January 1 in each year the finance board shall calculate an estimate of its financial requirements for that year and shall notify the minister of that amount as the estimate of cost of the government support to education program for that year including the costs of administering the government support to education program through the finance board.
Minister to notify board of contribution from Consolidated Fund.
On or before January 15 in each year the minister shall notify the finance board of the amount that the government intends to grant to the finance board in that year from the Consolidated Fund toward the estimates of its financial requirements for that year and the balance of its financial requirements for that year shall be raised by the education support levy imposed on assessable property.
L. G. in C. to determine differential in support levy.
On or before February 1 in each year the Lieutenant Governor in Council shall determine the number of mills differential to be allowed between education farm and residential assessment and other assessment in determining the rates of levies to be imposed on education balanced assessment under section 182: and The Regulations Act does not apply to an order in council by which the determination is made under this subsection.
Apportionment of amount to be raised by education support levy.
In each year, after calculating the amount that is required to be raised by the education support levy in that year, the finance board shall apportion among the municipalities the portion of that amount that is required to be raised therefrom on the basis of their farm and residential assessment portions of their balanced assessments and their other assessment portions of their balanced assessments, as follows:
(a) the finance board shall calculate the rates of levies that would be required to be imposed on the education farm and residential assessment and on the education other assessment to raise the amount required to be raised by the education support levy in that year in such a way that the rate of levy calculated with respect to the education farm and residential assessment is lower than the rate of levy calculated for the education other assessment by the number of mills differential determined by the Lieutenant Governor in Council for that year;
(b) the finance board shall calculate the amount that would be raised if the rate of the levy on the education farm and residential assessment calculated under clause (a) were imposed on that assessment:
(c) the finance board shall calculate the amount that would be raised if the rate of levy on the education other assessment calculated under clause (a) were imposed on that assessment;
(d) the finance board shall apportion to each municipality an amount that bears the same relation to the total amount that was calculated under clause (b) as the farm and residential assessment part of a balanced assessment of that municipality bears to the education farm and residential assessment;
(e) the finance board shall apportion to each municipality an amount that bears the same relation to the total amount that was calculated under clause (c) as the other assessment part of the balanced assessment of that municipality bears to the education other assessment.
On or before March 15 in each year, the finance board shall send to each municipality a statement setting out the amounts that have been apportioned to that municipality in accordance with section 182 and the statement shall show
(a) the amount that is required to be raised in that year in the municipality from an education support levy imposed on the farm and residential assessment portion of the actual assessment of the municipality ; and
(b) the amount that is required to be raised in that year from the municipality from an education support levy imposed on the other property assessment part of the actual assessment of the municipality.
Fixing education support levies by municipalities.
Upon receiving a statement under section 183, the council of a municipality shall
(a) fix and impose a tax on the assessable farm and residential property therein sufficient to raise the amount required to be raised in that municipality in that year from an education support levy imposed on the farm and residential assessment portion of the actual assessment of the municipality : and
(b) fix and impose a tax on the assessable other property therein sufficient to raise the amount required to be raised in that year from an education support levy imposed on the other property assessment portion of the actual assessment thereof.
Remittance of amounts raised by education support levies.
At the times and in the manner prescribed in the regulations, each municipality shall remit to the finance board the amounts set out in the statements sent to it under section 183 as being the amounts required to be raised therein by education support levies imposed on the farm and residential assessment portion of the actual assessment of the municipality and on the other property assessment portion of the actual assessment of the municipality.
The finance board may charge interest at the rate at which it is able to borrow for current purposes on overdue remittances required to be paid to it under subsection (1).
Notice to school division of amount of support
In each year after estimating the support that it will be required to provide to the school divisions, the finance board shall, on or before March 1 in that year, notify each school division in writing of the estimate of the finance board of the support that will be provided to the school division and of the determination of the finance board of the balanced assessment of the school division and of each municipality within the school division.
Apportionment of additional revenues by school division.
After receiving the notice under subsection (1) of the estimate of support to be provided to the school division, the school board of each school division shall estimate the amount of revenue that will be required to be raised in that year by a special levy on the assessable property in the school division 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 in the school division by an imposition of a special levy as the balanced assessment for that municipality bears to the total balanced assessment of the school division.
Statement of municipalities of amounts for school division levy.
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 finance board a statement showing the amounts that have been apportioned to each municipality all or part of which are within the school division.
Upon receiving a statement under section 187, the council of the municipality shall fix and impose a tax on the assessable property within both the municipality and the school division sufficient to raise in that year the amount apportioned thereto and set out in the statement.
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 board may charge interest, at the rate at which the finance board is able to borrow for current purposes, on overdue remittances required to be paid by a municipality under section 189.
VARIATION OF APPOINTMENT
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 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 apportionment by finance board.
If, after sending the statements under section 183 in any year, the finance board discovers an error in its apportionment of the amounts required to be raised by education support levies in that year it shall adjust its apportionment of the amounts required to be raised 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.
In this section
"buildings" means any structure that is assessable as part of assessable property but does not include the earth or soil upon which it rests; ("bâtiment")
"land" does not include buildings; (" terrain")
"property" includes land and buildings. ("bien")
Classification of assessments.
For the purposes of this Part, the assessor shall classify all assessable property on the assessment rolls of municipalities as either farm and residential property or other property.
Division of assessment of buildings.
Where buildings on assessable property are used partly as farm and residential property and partly as other property, the assessor shall divide the assessment of the buildings on the property into two assessments, one being the assessment of the part of the buildings used as farm and residential property and the other being the assessment of the part of the buildings used as other property.
For the purposes of dividing the assessments of buildings under subsection (3), the assessor shall consider
(a) the use made of the buildings or the parts thereof;
(b) the relative costs of replacement of the buildings or parts thereof;
(c) the relative rental value of the buildings or the parts thereof; and
(d) any other circumstances affecting the relative values of the buildings or the parts thereof.
Division of assessment of land.
Where assessable property is used partly as farm and residential property and partly as other property, the assessor shall divide the assessment of the lands into two assessments, one being the assessment of the part of the land as farm and residential property and the other being the assessment of the part of the land used as other property.
For the purposes of dividing the assessments of land under subsection (5), the assessor shall consider
(a) the use made of the parts of the land;
(b) the relative rental value of the parts of the land; and
(c) any other circumstances affecting the relative values of the parts of the land.
Notification of classification and division.
Where an assessor classifies assessable property under subsection (2) or divides the assessment of buildings under subsection (3) or divides the assessment of land under subsection (5), he shall notify the municipality of the particulars of the classification or division and shall send a notice in respect of each parcel of property indicating the classification thereof or the classification and division thereof by mail with postage prepaid to the owner of the property affected by the classification or division addressed to his last known address as shown on the assessment roll.
Appeals of classification and division of assessment of property.
Any person dissatisfied with the classification of property or a division of the assessment of the property made under this section may lodge complaints and appeals in the manner provided in The Municipal Assessment Act or any other Act of the Legislature respecting the assessment of property and the provisions thereof apply with such modifications as the circumstances require.
Entry of classifications, etc. on assessment rolls.
The classifications and divisions of assessment of assessable property made under this section shall be entered in the assessment rolls of the proper municipality for each year.
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 grants which may be made under the government support to education program, to assist in establishing and maintaining evening schools and programs approved by the minister and which are not supported either in whole or in part under the government support to education program.
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, and subject to the approval of the Lieutenant Governor in Council, 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.
The Lieutenant Governor in Council, upon the written recommendation of the minister, from and out of moneys authorized by an Act of the Legislature to be so paid and applied, may make, to any school division or school district a special grant in such amount as the minister may approve, to be used for the purposes and subject to the terms and conditions prescribed in the order in council.
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 a poll; 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 finance board, establish reserves.
Investing moneys not immediately required.
Where a school division or school district has money that is not required for immediate expenditure, the school board thereof may
(a) deposit the money at interest in any bank or credit union; or
(b) invest the money in bonds or other securities issued by the Government of Canada or the Government of Manitoba, payable on demand or after not more than 30 days notice, or in treasury bills of the province; or
(c) deposit part or all of those moneys with the Minister of Finance.
All moneys received by the Minister of Finance under clause 201(c) 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.
Where a school board desires to expend any portion of the reserve fund held to its credit under clause 201(c), it shall submit to the minister a request in writing for the payment to or on behalf of the school division of the sum it desires to expend and in the request it shall give details of the purpose for which it proposes to expend the money.
Authorization of payment from reserve fund.
Upon the written authority of the minister, the Minister of Finance shall pay from the reserve fund to or on behalf of the school division for the purpose of implementing an agreement approved by the minister, such portion of the reserve fund held to the credit of the school division as the minister may state in the authority, and without such an authority no part of the reserve fund shall be paid to, or on behalf of, or expended by, the school division.
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.
Application of subsection (2).
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.
The taxable property in a municipality for school purposes includes all property liable to municipal taxation, and also all property exempted by the municipal council from municipal taxation but not from school taxation.
Limitation on right to exempt.
No municipal council shall exempt any property liable to municipal taxation from school taxation.
Effect of section on old by-laws.
Nothing in this section affects any by-law or agreement or other instrument passed, made or entered into before March 31, 1890, or the meaning or validity thereof.
Assessors to value lands situated in each school division.
Where the property of any person is situated in two or more school divisions, the assessor shall assess and return on his roll, separately, the parts of that property, according to the school divisions within which the property is situated.
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.
Responsibility to individuals.
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 finance board 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.
Submission of by-law to ratepayers not required.
The by-law under subsection (8) is not required to be submitted to the ratepayers as in the case of money by-laws under The Municipal Act.
BORROWING
Borrowing and issue of securities.
Subject to this Part, a school division may, if authorized by by-law of the school board, borrow money on the credit of the school division for capital purposes and issue debentures or other securities to secure payment of moneys so borrowed.
No money shall be borrowed for capital purposes or debentures or other securities issued with respect thereto by a school division unless the minister or the finance board has approved the borrowing and the by-law of the school division.
The secretary-treasurer of a school division shall, after the first reading and before the second reading of any by-law authorizing the school division to borrow money for capital purposes or to issue debentures or other securities to secure payment of money so borrowed or authorizing both such borrowing and issue of such debentures or other securities, submit the by-law to the finance board and request its approval thereof.
Where the finance board is satisfied that grants are payable under this Part and the regulations made under this Part
(a) for the full amount of the costs for which the money is to be borrowed; or
(b) for the payment in full of principal and interest on the debentures or other securities to be issued;
it may approve the borrowing and the issuing of the debentures or other securities, as the case may require.
Where the finance board is not satisfied as to the matters set out in subsection (4), it may on its own initiative, or shall at the request of the school board, refer the matter to the minister.
Where a matter has been referred to the minister under subsection (5), the minister, if he is satisfied that the money is to be borrowed or the debentures or other securities are to be issued for the purposes which will enhance the standard of education in the school division, may approve the by-law or require the school board of the school division to refer the matter to a vote of the resident electors of the school division, in which case Part IV of The Local Authorities Election Act applies, with such modifications as the circumstances require.
Where a by-law has been submitted to a vote of the resident electors of the school division under subsection (6), and a majority of those voting on the by-law vote in favour of the school division borrowing the money or issuing the debentures or other securities, as the case may be, the minister shall approve the by-law.
Assent of electors not required.
Except as required by subsections (6) and (7), the assent of the resident electors of a school division to a by-law passed to authorize the school division to borrow money or to issue debentures or other securities is not required.
Debentures or other securities issued by a school division under this section may be registerable as to principal, or both principal and interest, in which case section 471 of The Municipal Act applies, with such modifications as the circumstances require.
Sales of securities through finance board.
All debentures and other securities issued by a school division shall be sold or otherwise put on the market through the finance board.
Provisions as to money by-laws.
The minister shall, on request, advise any school board of a school division desiring to borrow money as to the procedure to be followed, but the following provisions shall be observed:
(a) The loan required by a school division may be for any term not exceeding 30 years and nine months.
(b) The principal of every loan shall be made payable by annual instalments but the first instalment may be made payable at any time within 21 months from the date of the debentures.
(c) The by-law may provide that the loan shall be repayable by equal or approximately equal annual instalments of both principal and interest in a manner to equalize the payments of both principal and interest during all the years for which the loan is to run.
(d) The by-law may reserve to the school division the right to redeem the debentures, in whole or in part, in advance of the maturity date thereof, upon such terms and conditions as provided in the by-law.
Where, pursuant to subsections 213(6) and (7), the electors of a school division have assented to a by-law for the borrowing of money by the issue of debentures the school board may amend the by-law as it deems expedient; but
(a) the total amount to be borrowed;
(b) the rate of interest thereon; and
(c) the term for which the debentures are to run; shall not be increased.
Subject to section 74, a school division that has obtained the assent of the electors as herein required to an issue of debentures, may issue debentures accordingly to secure repayment of money so borrowed as to both principal and interest.
Each debenture shall bear in writing or printing the words "Issued under The Public Schools Act" and shall otherwise be in such form as the minister approves.
Subject to subsection (5), the debentures shall be signed by the secretarytreasurer of the school division and counter-signed by at least one trustee.
Subject to subsection (5), the coupons, if any, attached to the debentures, shall be signed by the secretary-treasurer only or, if the by-law so provides, the signature of the secretary-treasurer on coupons may be lithographed.
Debentures issued by official trustee.
Where debentures are issued by an official trustee or trustees, the debentures shall be signed by the official trustee, or if more than one, signed by one official trustee and counter-signed by another; but the coupons, if any, need be signed by one official trustee only.
Where debentures are duly signed and sealed as required under this Part, the legality of their issue is thereby conclusively established and their validity shall not be questioned in any court in the province and they are a charge against all the revenues of the school division issuing them, both for principal and interest, and are, to the extent of those revenues a good and indefeasible security in the hands of any bona fide holder thereof.
Borrowing money in anticipation of sale of debentures.
Subject to the approval of the minister or The Public Schools Finance Board, a school board of a school division may, by by-law and upon the promissory note of the school division or by overdraft, borrow money in anticipation of the sale of debentures to meet expenditures on capital account; but the sum so borrowed shall not exceed the amount of any unsold debentures the issue of which has been duly authorized hereunder, and the school board may pledge any unsold debentures as security for any such loan and may afterwards sell all such debentures as if they had not been pledged.
Borrowing money for current purposes.
At any time in any year before the moneys payable to a school division by a municipality, the finance board or the minister have been paid, the school division may by by-law borrow moneys from any person upon its credit and give its promissory note therefor as for moneys previously borrowed in such an amount as is permitted under section 221 and it may renew the note from time to time, or may borrow money by means of an overdraft on the account of the school division on any bank or credit union doing business in the province; and it is not necessary to have the assent of the minister to such a loan.
Where money is borrowed by means of an overdraft or upon a promissory note as provided in section 220, the amount of the resulting indebtedness of the school division to the person, bank or credit union shall not at any time exceed
(a) the amount of the estimate of the approved expenses of the school division for the current year; or
(b) if that estimate has not been made, the amount of the estimate of the approved expenses of the school division for the last preceding year ;
reduced in each case by the amount already received by the school division on account of those approved expenses for the current year.
The moneys shall only be borrowed, or note given, upon a by-law of the school board of a school division which shall recite the amounts previously borrowed and the notes previously given therefor and any sums paid thereon: but any error or omission in reciting those sums or notes does not invalidate the by-law as against a bona fide lender or payee or holder for value of any such note, who does not have notice of the error or omission.
Where a school division under official trustee.
Where a school division is under an official trustee, loans for current expenses made under section 222 are not valid unless first approved by the minister or deputy minister.
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.
No employee and no pupil in regular attendance at school shall be a trustee of the school division or school district of which he is an employee or pupil.
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 trustee or 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 he is a trustee or an employee, or receive any remuneration or other compensation for the sale or any promotion thereof.
Disturbing meetings, school classes, etc., an offence.
Any person who
(a) as an agent or salesman enters a public school without the written consent of the chairman or designate of the school board; or
(b) disturbs or interrupts any public school or any class or activity thereof by his actions in the school or in close proximity thereto;
is guilty of an offence and is liable, on summary conviction, to a fine of not more than $100. and, in default of payment thereof, to imprisonment for not more than 30 days.
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 sec. 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
Preparation of electors' roll.
When required by the minister in any year, a person designated by the minister shall make an electors' roll for any school division or school district in unorganized territory; and the roll shall be made in accordance with the provisions of The Local Authorities Election Act respecting the making of an electors' roll except that the roll shall be completed before such date as shall be fixed by the minister, and The Municipal Board shall annually appoint a person or persons who shall act as a court of revision and shall hold court at such places and times as are fixed by The Municipal Board.
When prepared and finally revised, the electors' roll shall, without further revision, constitute the list of electors for the school division or school district.
Electors' roll, continuing use of.
Subject to the approval of the minister and subject to any revision thereof as required, the electors' roll of a school division or school district completed under subsection 239(1) for any year may, by resolution of The Municipal Board, be adopted as the electors' roll for each of the three years next following the year for which the roll was completed.
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 of 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 electors 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 elector 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.
An appeal against an award of the board of reference may be made to a judge of the Court of Queen's Bench as set out in subsection 5(4) within 21 days after the date on which the secretary of the board of reference forwards copies of the award pursuant to subsection 9(10).
Upon completion of the hearing of an appeal under subsection 5(4), the judge may
(a) quash the award appealed against; or
(b) revise or amend the award or any of the terms thereof; or
(c) dismiss the appeal; or
(d) make such other order as he considers proper.
Procedure on quashing of award.
Where, on appeal an award is quashed, the judge may grant permission to the board of reference to deal with the matter again at any time, upon receipt by the board of reference of a written request for that purpose in accordance with section 5.
An appeal made under subsection 5(4) shall set out the grounds of the appeal.
The notice of appeal under subsection 5(4) and appointment obtained from the judge fixing the time and place of the hearing shall be served upon
(a) the minister;
(b) the secretary-treasurer or secretarytreasurers of the school division or school district or school divisions or school districts concerned;
(c) the clerk or clerks of the municipality or municipalities concerned;
(d) the electors, if any, who have appealed;
(e) the electors, if any, who filed under section 57 a petition for passing of the by-law in respect or which the appeal is made; and
(f) the secretary of the board of reference.
The appeal shall be made and notice and appointment served
(a) within 21 days after
(i) the passing of the by-law under section 57, or
(ii) the date on which the secretary of the board of reference forwards copies of the award pursuant to section 9; or
(b) in the case of neglect or refusal to pass a bylaw under section 57, within three months after the petition for passing thereof was made to the school board.
The appeal shall be a hearing de novo and shall be heard in such a manner as the judge may direct.
Witnesses may be produced by any of the parties and may be required to give evidence and to produce books, papers, documents or writings in their possession or under their control relating to the appeal and any party to an appeal may obtain from the registrar of the Court of Queen's Bench a subpoena requiring the attendance of a witness on the hearing of the appeal.
Subject to subsection (7), where because of the fault or delay of the appellant, the judge is unable to dispose of the appeal within three months after the date of the completion of the service of the notice of appeal, the appeal shall be deemed to be dismissed.
Where the judge is satisfied that the delay mentioned in subsection (6) was unavoidable or was not caused by any fault of the appellant, the judge may extend the time for the disposal of the appeal for such further period as he considers reasonable.
Any of the parties to an appeal that was disposed of by a judge of the Court of Queen's Bench may appeal the decision of that judge to the Court of Appeal within such time as is provided by the rules of that court and to the extent that it is applicable subsection 254(2) applies, with such modifications as the circumstances require, to the appeal.
The decision of the Court of Appeal is not subject to further appeal until at least two years have expired from the date of the decision of the Court of Appeal.
To whom notice of decision to be given.
Upon the determination of an appeal under subsection 5(4) or under subsection 255(1) the registrar of the Court of Queen's Bench or the Registrar of the Court of Appeal shall provide the minister and the parties to the appeal with a copy of the court's decision.
The costs of and incidental to an appeal, under subsection 5(4) or subsection 255(1) and the liability to pay these costs, shall be at the sole discretion of the court.
SCHOOL ATTENDANCE
In this Part
"child" means an individual of compulsory school age: ("enfant")
"compulsory school age" means, subject to subsection (2), over the age of seven years and under the age of 16 years; ("âge scolaire obligatoire")
"court" means, where not otherwise defined, any provincial judge or magistrate or justice of the peace sitting for the hearing of cases under this Part. ("tribunal")
Any child who has attained the age of seven years at the beginning of the fall term or will attain the age of seven years within 12 weeks after that time or within 12 weeks after any date fixed by a school board for admission to enrolment shall be deemed to be of compulsory school age at the opening of the fall term or the date fixed by the school board for admission to enrolment.
Subject to the provisions of this Act any person who has attained the age of six years at the beginning of the fall term or will attain the age of six years within 12 weeks after that time or within 12 weeks after any date fixed by the school board for admission to enrolment, has the right to attend school to an age three years beyond the age of majority.
Responsibility to send child to school.
Every parent of a child of compulsory school age and every person who has or receives a child of compulsory school age in his house, whether that child is his own or that of any other person and the child is resident with and in the care and custody of the parent or person, as the case may be, shall ensure that the child attends school, unless specifically excused in writing by the minister, in accordance with the provisions of this Act and the regulations.
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 is subject to the rules of the school board in matters pertaining to school attendance.
Situation under 261 not defence.
The fact that a child of compulsory school age is refused admission to a school under subsection 261(1) is not a defence to a charge against the parent of the child or a person who has received the child in his house for failing or refusing to comply with subsection (1).
Immunization required for school admission.
Where a regulation made under The Public Health Act prescribes immunization against a specified disease as a prerequisite to first-time admission of pupils to school, no school board shall admit to any school within the school division or school district under its administration any pupil who is entering school in that school division or school district for the first time unless prior to being admitted the pupil or the parent or guardian of the pupil submits to the principal of the school
(a) the certificate of a duly qualified medical practitioner or registered nurse certifying that the pupil
(i) is immune to that disease, or
(ii) has had that disease, or
(iii) has been immunized against that disease;
or
(b) where the pupil is a minor, a written statement by the parent or guardian of the pupil to the effect that the parent or guardian believes that immunization for the prevention of disease is prejudicial to health or contrary to the religious beliefs of the parent or guardian; or
(c) where the pupil is not a minor, a written statement by the pupil to the effect that the pupil believes that immunization for the prevention of disease is prejudicial to health or contrary to the religious beliefs of the pupil.
Exclusion of contacts from school.
Where a regulation under The Public Health Act prescribes quarantine for pupils who are contacts as defined in the regulation with respect to a specified disease, a school board, upon being informed that a pupil in a school within the school division or school district under its administration, is a contact as so defined with respect to that disease shall forthwith exclude the pupil from attendance at the school and shall not permit the pupil to resume his attendance at the school or to attend any other school within the school division or school district until the pupil or the parent or guardian of the pupil presents to the principal of the school the certificate of a duly qualified medical practitioner or a registered nurse certifying that the pupil
(a) is immune to that disease: or
(b) has had that disease; or
(c) has been immunized against that disease: or (d) has passed the incubation period specified in the regulation for that disease, without contracting the disease.
No person is liable to any of the penalties set out in this Act for failing or refusing to send his child to school as required under section 260 where
(a) the child is in regular attendance at a private school, as defined in The Education Administration Act; or
(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; or
(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); or
(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;
or
(e) the child has attained the full age of 15 years and has obtained a certificate excusing his attendance at school signed by
(i) his parent or guardian or other person having legal charge or control of him,
(ii) the school attendance officer, and
(iii) the superintendent of schools for the school division or school district in which the child resides or, if there is no such officer, the field representative.
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 Act 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.
School board shall make rules.
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.
Where a principal receives a report in accordance with subsection (1) and the principal is satisfied that the child is in fact absent as reported, the principal shall in writing or by telephone followed by a written report, advise the local school attendance officer of the absence and the name and address of the child.
Private schools to report absence.
Where a child who is enrolled at or is attending a private 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 so absent, he shall immediately in writing report the matter together with the name and address of the child to the appropriate school attendance officer.
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 private school and every municipal council for the purpose of procuring the names, ages and addresses of all children and all such other information as may be required for the carrying out of the provisions of this Part.
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 Summary Convictions Act.
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 private 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.
Subsection 126(1) is repealed and the following subsection is substituted therefor:
Statement of reference 126(1) Where the minister has appointed a board of arbitration, he shall forthwith deliver to it a statement of the matters referred to it.
Section 129 is repealed and the following section is substituted therefor:
The board of arbitration shall make its award within 60 days after the delivery to it of the statement required by section 126 or within such further period as may be agreed upon by the parties or as may be allowed from time to time by the minister.
Clause 41(q) and sections 277 and 278 come into force on a day fixed by proclamation.
SCHEDULE A
(Subsection 268(1))
DEPARTMENT OF EDUCATION 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., 19 , and to continue in regular attendance throughout the period during which he 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.
SCHEDULE B
(Subsection 272(1))
DEPARTMENT OF EDUCATION
THE PUBLIC SCHOOLS ACT
This is to certify that from the day of A.D., 19 , to the day of A.D., 19 , The School Division Number , or the School District of Number , was duly organized under The
Public Schools Act of the Province of Manitoba.
Minister
SCHEDULE C
(Subsection 272(2))
DEPARTMENT OF EDUCATION THE PUBLIC SCHOOLS ACT
This is to certify that I, the undersigned, am a (employee's title) in
(a) The School Division Number ; or
(b) The School District of Number , 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., 19 to the day of A.D., 19 , both days inclusive.
Dated this day of A.D., 19
(employee's signature)
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 Number , or The School District of Number , on the day of A.D., 19 •
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 as defined in The Local Authorities Election Act.
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 Number , or The School District
of Number 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 ) Signature of Declarant
A.D., 19 . )
A Commissioner for Oaths in and for the Province of Manitoba My commission expires
SCHEDULE D
Form 2 (Section 92)
THIS AGREEMENT made in duplicate this day of A.D., 19 .
BETWEEN:
The School Division Number or The School District of Number
OF THE FIRST PART
AND
of (home address) the holder of Principal's Certificate Number
Teacher's Certificate Number of a licence to teach in the Province of Manitoba,
(herenafter called "the teacher")
OF THE SECOND PART
1. The school board hereby employs the teacher, and the teacher hereby accepts employment with the school board at the yearly salary of dollars, such employment to commence on the day of , 19 , to be terminated in the manner hereinafter provided.
2. The school board agrees that it will pay the said salary to the teacher in equal consecutive monthly payments of $ each, on or before the last teaching day of each month beginning
with the day of ,19 , in each year during the continuance of this contract:
Provided that if a salary schedule is in force, the school board shall pay the teacher at the rate prevailing from time to time in said schedule or any temporary modification of it.
3. If any salary is payable during July and August, it shall be paid on the last day of each month.
4. The teacher agrees with the school board to teach diligently and faithfully and to conduct the work assigned by and under the authority of the said school board during the period of this employment, according to the law and regulations in that behalf in effect in the Province of Manitoba, and to perform such duties and to teach such subjects as may from time to time be assigned in accordance with the statutes and the regulations of the Department of Education of the said Province.
5. This agreement is subject to the following conditions:
(a) The teacher shall not be required to teach on holidays and vacations prescribed by the law and the regulations.
(b) Subject to the regulations, the days on which the teacher has attended the meetings convened by the superintendent or the field representative (which attendance shall, if required, be evidenced by the certificate of the said superintendent or field representative), shall be allowed him or her as if he or she had actually taught for the school board during those days.
(c) In the case of sickness, the teacher shall be entitled to receive his or her salary without deduction for such period as may be authorized under the statutes in that behalf.
6. This agreement shall be deemed to continue in force, and to be renewed from year to year, with such variations as to the time of payment and the amount of salary as may be provided by the by-laws, resolutions, or schedules of the school board from time to time in force (of which variations the teacher must be notified forthwith, and concerning which he or she shall have the right of conference with the school board, provided that no variations of salary shall take place before October 1, unless notice be given the teacher on or before June 30 of the same year) unless and until terminated by one of the following methods:
(a) By mutual consent of the teacher and the school board.
(b) By written notice given at least one month prior to December 31 or June 30, terminating the contract on December 31 or June 30, as the case may be, but the party giving notice of termination shall, on request, give to the other party the reason or reasons for terminating this agreement.
(c) By one month's previous notice in writing given by either party to the other in case of an emergency affecting the welfare of the school division or school district or of the teacher, provided that in that event the school board may, in lieu of one month's notice, as aforesaid, pay the teacher one month's salary at the said rate.
(d) By one month's notice in writing by the teacher in case of variation of salary, which notice shall be given, at the discretion of the teacher, at any time after notification of the variation, and shall take effect one month after the date it is given.
7. Sections 41, 48 and 96 of The Public Schools Act shall form part of this agreement.
8. If this agreement is terminated by notice as provided in clause 6 hereof, the final payment shall be so adjusted that the teacher shall receive, for the part of the year taught, such fraction of the salary for the whole year as the total number of days taught is of the number of days in the current school year as prescribed by the Minister.
As witness the corporate seal of the school division or school district attested by the signature of its chairman and secretary-treasurer, in virtue of a resolution or by-law passed by the school board at a meeting held on the day of , 19 , and the hand and seal of the teacher on the day and year first above mentioned.
Chairman Teacher
(Seal)
Secretary-treasurer Witness
(Seal)
Teacher's Address
To be executed in duplicate, one copy to be retained by the school board and the other by the teacher.