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The Public Schools Act

R.S.M. 1987, c. P250

The Public Schools Act

Table of Contents

1 Definitions.
PART I
FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS
2 School districts authorized.
(2) Contents of order in council.
3 Incorporation.
(2) Abbreviation.
(3) Powers of school board.
(4) Remote school district.
(5) Change of name.
ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
4 Government of Canada lands.
5 Transfers of lands.
(2) Referral by minister.
(3) Dissolution of school divisions or school districts.
(4) Appeals.
6 Award respecting Indian Reserve.
7 Notice of establishment of school division.
8 Establishment of board of reference.
(2) Term of office.
(3) Quorum.
(4) Remuneration.
(5) Secretary of board of reference.
9 Rules of procedure.
(2) Powers under Manitoba Evidence Act.
(3) Fixing date of hearing.
(4) Notices of hearings.
(5) Hearing.
(6) Award.
(7) Effect of award.
(8) Period of award.
(9) Certain terms of award.
(10) Notification of award.
(11) Submission to vote of electors.
(12) Taking of vote.
10 Meaning of "school corporation".
11 Transmission, etc. without fee.
12 Transfers of rights, etc. on creation of new school divisions.
(2) Rights, duties and obligations of new school corporation.
(3) Transfer of special moneys to L.G.D.
(4) Disposition of property on school site.
(5) Audit of school division or school district.
13 Dissolution of closed remote school district.
NORTHERN SCHOOL DIVISION
14 Establishment of school division.
(2) Alteration, etc. of area.
(3) Contents of order.
(4) School board is a corporation.
15 Limitation on order.
16 Appointment of official trustee.
(2) Salary.
17 Division committee.
(2) Local committees.
18 Powers of official trustee.
(2) Special powers of official trustee.
19 Estimate of approved expenses.
20 Appeal of apportionment.
(2) Levies.
21 Special grants.
PART II
SCHOOL BOARDS
22 Qualifications of candidates for trusteeship.
23 Nomination of candidates.
(2) Election of trustees.
24 Number of trustees.
25 Term of office.
(2) Elections in school divisions in Greater Winnipeg.
(3) Term of office of trustees in Greater Winnipeg.
(4) Regulations.
(5) Commencement of term of office.
(6) Increasing or decreasing term of office.
(7) Alternating terms of trustees.
(8) Oath of office.
26 Filling of vacancies.
(2) Vacancy in final year of term.
(3) Warrant for new election.
(4) Organization of board despite irregularity.
(5) Time for holding election.
(6) Appointment of trustees, if election neglected.
(7) Unexpired term.
27 Application of Local Authorities Election Act.
(2) Reference to Municipal Act.
(3) Public Schools Act to prevail.
OFFICIAL TRUSTEE
28 Appointment of official trustee.
(2) Powers of official trustee.
(3) Retirement of former officials.
(4) Retirement of official trustee.
(5) Appointment of deputies.
(6) Reporting positions of trust.
MEETINGS OF TRUSTEES
29 First meeting.
(2) Election of the chairman and vice-chairman.
(3) Tie vote.
30 Emergency meeting.
(2) Notice of school board meetings.
(3) Open meeting of school board.
(4) Committee meetings.
(5) Maintaining order by conduct and deciding questions.
(6) Removal of persons from meetings.
31 Chairman to preside.
32 Vice-chairman to preside.
33 Rules of procedure.
(2) Reversal of decisions.
(3) Reversal by unanimous consent.
34 Powers of trustees in case of illegal election or vacancy.
35 Corporate acts must be done at school board meetings.
36 No trustee to have contract with the school division or school district.
(2) Exceptions.
(3) Limitation of trustee's rights.
(4) Vacating of trustee's seat.
37 Seat vacated by absence from meetings, etc.
38 Investigation of complaints.
(2) Formalities of making complaint.
(3) Power under Evidence Act.
(4) Decision of person investigating complaint.
(5) Appeal.
39 Resignation by trustee.
40 Bonding of officials.
(2) Bonding of official trustees and secretarytreasurers.
(3) Execution of bonds.
(4) Adequacy of bond.
(5) Additional bond coverage.
PART III
POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
DUTIES OF SCHOOL BOARDS
41 Certain duties of school boards.
(2) Request for deduction and payment of dues.
(3) Method of deduction and payment.
(4) Instructional responsibilities of school boards.
(5) Programs not offered locally.
(6) Residual costs.
(7) Tuition fees for Indian pupils.
(8) Appointment of auditors.
(9) Annual audit.
(10) Method of audit.
(11) Report of auditor.
(12) Supplementary report
(13) Delivery of copies.
(14) Financial statement to minister.
42 Annual estimates.
TRANSPORTATION OF PUPILS
43 General limitations.
(2) Requirements.
(3) Compensation to parent for transporting.
(4) Frequency of payment.
(5) Calculation of distance.
(6) Limitation on duty to provide conveyance.
44 Insurance required.
45 Minister may deduct premium from grant.
46 Regulations respecting school transportation.
47 Approval of transportation.
POWERS OF SCHOOL BOARDS
48 General powers of school boards.
(2) Powers to expend moneys.
(3) Scholarships, bursaries, etc.
(4) Suspension and expulsion.
(5) Granting of leave of absence to teachers.
(6) Cumulative sick leave.
(7) Insurance coverage.
49 Agreement respecting regional vocational schools.
(2) Membership of governing board.
(3) Powers and duties of board.
(4) Exceptions.
(5) Subsidiary agreements.
(6) Additional transportation powers.
50 Pensions for non-teachers.
(2) Optional plan.
(3) Contribution by school boards.
(4) Protected from attachment and not assignable.
SUPERINTENDENT
51 Appointment of superintendent.
52 Delegation of powers and duties to superintendent.
SECRETARY-TREASURER
53 Appointment of secretary-treasurer.
(2) Notice of appointment.
(3) Payment of accounts.
(4) Payment of accounts without approval.
(5) Secretary-treasurer to report occupations of trust.
54 Powers of auditors.
(2) Duty to assist auditors.
(3) Duty to account.
55 Recording of minutes.
(2) Right to examine.
(3) Penalty.
GENERAL PROVISIONS
56 Payment of annual indemnity.
(2) Additional indemnities.
(3) Reimbursement for expenses.
(4) School funds.
(5) Exclusion of student council funds.
57 Alteration of wards and numbers of trustees.
(2) Population of wards.
(3) Representation quotient.
(4) Action to preserve equality by population of wards.
(5) Variation in population basis.
(6) School board may not pass by-law.
(7) Approval of the minister.
(8) Referendum.
(9) Effective date.
58 Appeal against action of school board.
(2) Procedure on appeal.
PART IV
AGREEMENTS WITH PRIVATE SCHOOLS
59 Private school.
60 Agreement for transportation.
(2) Agreement for other services.
(3) Term of agreement.
(4) Grants.
(5) Grants to private schools.
PART V
SCHOOL SITES, BUILDINGS AND OTHER PROPERTY
SCHOOL SITES
61 Selection of school site.
62 Purchase and expropriation.
63 Payment of encumbrance out of purchase money.
64 Deposit of money with Minister of Finance.
(2) Filing of receipt of Minister of Finance in L. T. O.
(3) Disbursement of moneys paid in.
65 By-law for expropriation.
(2) Contents of by-law.
66 Exemption from certain building restrictions.
67 Sale of school site or other property.
68 Disposal of mines and minerals.
BUILDINGS AND OTHER PROPERTY
69 Powers of school board respecting school property.
70 Purchasing procedures.
71 Ownership of personal property.
72 Duties of school board respecting custody of school property.
(2) Repair and rental of buildings.
73 Use of school properties.
74 Approval of minister to purchase of buildings.
PART VI
CONDUCT OF SCHOOLS
75 Tuition fees.
76 Regulations respecting school year, vacations and school hours.
77 Application of regulations.
78 Holidays.
(2) Where holiday falls on Sunday.
(3) Teaching on Saturdays.
(4) Outdoor education and work education.
LANGUAGES OF INSTRUCTION
79 English and French as languages of instruction.
(2) Use of other languages.
(3) Use of English or French as language of instruction.
(4) Minister's discretion for fewer pupils.
(5) Language of administration.
(6) English as subject of instruction.
(7) Agreements by boards.
(8) Establishment of Languages of Instruction Advisory Committee.
(9) Composition of Languages of Instruction Advisory Committee.
(10) Regulations.
INSTRUCTION IN RELIGION
80 Authorization for instruction in religion.
(2) Petition for instruction in religion.
81 Hours of instruction in religion.
82 Non-participation in instruction in religion.
83 Regulations.
RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES
84 Schools to be non-sectarian.
(2) Conduct of religious exercises.
(3) Time for religious exercises.
(4) Attendance not compulsory.
(5) Religious exercises required.
(6) Cancellation of religious exercises.
(7) Effective period of cancellation.
(8) Petition for religious exercises.
85 Patriotic observances.
ACCIDENTS
86 Exemption from liability in certain cases.
87 Defective apparatus.
88 Exemption from liability for accidents in work education programs.
89 No action lies arising out of school patrol.
90 Permitting participation in sports not of itself negligence.
PART VII
TEACHERS
91 Certified teachers.
(2) Pupils in care of teacher aides.
92 Teacher's agreement.
(2) Delivery of agreement to teacher.
(3) Hearing by school board before dismissal of a teacher.
(4) Action on termination of agreement.
(5) Accumulated teaching service.
(6) Right of teacher to recover salary.
(7) Penalties for breach of agreements.
93 Accumulation of sick leave.
(2) Maximum sick leave in any year.
(3) Maximum sick leave.
(4) Effective sick leave on service.
(5) Salary during sick leave.
(6) Payment for sick leave under collective agreement.
(7) Continuance of prior entitlement.
94 Certificate of physician.
95 Power of trustees to extend sick leave.
(2) Sick leave negotiable.
(3) Application of sec. 117 to dispute.
(4) Validation of old provisions re sick leave.
(5) Continuance of sick leave provisions in collective agreements.
96 Duties of teacher.
PART VIII
COLLECTIVE BARGAINING
97 Definitions.
(2) Effect of illegal dismissal.
(3) Meaning of "unit" and "appropriate for collective bargaining".
98 Application of Part.
99 Where Part not applicable.
RIGHTS OF TEACHERS AND SCHOOL BOARDS
100 Right of teachers.
(2) Rights of school boards.
101 Interference with society by a school board.
(2) Authorized acts of school boards.
(3) Discrimination by school boards.
(4) Intimidation of teachers.
(5) Suspension of discharge of teachers.
102 Canvassing of teachers to become members.
103 Coercing teachers to become member prohibited.
(2) Requirement of membership in collective agreement.
(3) Invalid provision.
COLLECTIVE AGREEMENTS
104 Conditions of application.
(2) Where no time limit on application.
(3) Time limit on application.
(4) Limit where agreement is in force.
105 Determination by board respecting application.
(2) Certification.
(3) Consent by school boards to certification.
(4) Examination and inquiries by board.
(5) Where certification of local society may be refused.
106 Effect of certification.
(2) Effect of merger on collective agreements.
(3) Reinstatement of certain revoked certifications.
107 Effect on dissolution of school district.
108 Revocation of certification.
(2) Effect of revocation on collective agreement.
(3) Application for order authorizing termination.
109 Request to begin collective bargaining.
110 Notice to begin collective bargaining.
(2) Rules as to filing of notice, etc.
111 Effect of notice to begin collective bargaining under section 109.
112 Effect of notice given under section 110.
113 Limitation on withdrawal from bargaining.
CONCILIATION
114 Appointment of conciliation officer.
(2) Conciliation officer to be appointed.
115 Appointment of board of arbitration.
116 Effect of collective agreements.
(2) Effect of collective agreement in case of merger.
117 Compulsory provision.
(2) Board may prescribe provision.
(3) Compliance with agreement required.
118 Term of collective agreements.
(2) Revision of collective agreements.
119 Closing of school under statute.
120 Strikes forbidden.
(2) Meaning of "strike".
121 Personal grievances.
CONCILIATION PROCEEDINGS
122 Report of conciliation officer.
BOARDS OF ARBITRATION
123 Number of members of board.
(2) Nomination of members and appointment by minister.
(3) Employer's representative.
(4) Teachers' representative.
(5) Appointment by minister on default of parties.
(6) Notice of appointment by minister.
(7) Selection of chairman.
(8) Selection of chairman by Chief Justice.
(9) Appointment of chairman.
(10) Proof of due establishment of board of arbitration.
124 Filling of vacancy on board of arbitration.
125 Oath of members of board of arbitration.
126 Statement of reference.
(2) Recommendation of award.
127 Fixing of first sitting and notice thereof.
(2) Procedure of board of arbitration.
(3) Subsequent sitting.
(4) Quorum.
(5) Decisions of board of arbitration.
(6) Making of award.
(7) Award of the board of arbitration.
(8) Effect of award of arbitration.
(9) Weight of evidence.
(10) Right to counsel.
128 Calling of witnesses.
(2) Secrecy.
(3) Administration of oaths.
129 Time for making award.
130 Award or testimony not admissible as evidence.
(2) Saving.
131 Collective agreement following award.
ENFORCEMENT
132 Reference of certain complaints.
(2) Inquiry into complaints.
(3) Compliance with orders.
133 Complaints as to violation of this Part.
(2) Copies of report.
134 Responsibility for acts and omissions of local organizations.
(2) Acts of agents or officers of trustees' association, etc.
(3) Acts of agents of society, etc.
135 Offence of decreasing wages.
136 Offence of unfair practices.
(2) Order for payment of back salary.
(3) Effect of order.
(4) Failure to comply with orders an offence.
137 Failure to comply with Part an offence.
138 Information for several offences.
139 Validity of proceedings relating to several offences.
140 Execution of documents.
141 Mailing of notices, etc.
(2) Service of documents.
142 Proof of certificates of board, etc.
(2) Certificates by minister.
143 Effect of failure to report.
144 Technical defects.
145 Filing of collective agreements.
(2) Filing of documents by society and trustees' association.
ADMINISTRATION
146 Clerical assistance to arbitration board.
147 Remuneration of arbitration board.
148 Witness fees.
149 Payment of remuneration, etc.
THE COLLECTIVE AGREEMENT BOARD
150 Collective Agreement Board.
151 Composition of Collective Agreement Board.
152 Terms of office of regular members.
(2) Notice of appointment.
153 Filling of vacancy.
154 Re-appointment of members.
155 Appointment of vice-chairman.
(2) Duty of vice-chairman.
156 Quorum.
(2) Decisions of board.
157 Procedure.
158 Meetings.
159 Powers of board.
160 Evidence in matters before board.
(2) Right of persons to be heard, etc.
161 Oath of members.
162 Non-liability of members.
163 Appointment of staff.
(2) Remuneration of board and staff.
(3) Payment of remuneration.
164 Report of board.
165 Regulations.
166 Delegation of powers.
167 Jurisdiction of board.
(2) Finality of decisions.
168 Regulation deemed to be made by board.
169 Matters not admissible as evidence.
170 Certificate by minister.
PART IX
GRANTS AND LEVIES
EDUCATION SUPPORT PROGRAM
171 Definitions.
172 Application of Part in L.G.D.'s and special Localities.
173 Provision of financial support.
(2) Deduction from financial support.
(3) Condition of support.
(4) Finance board not bound by estimate.
(5) Special reductions in support.
(6) Content of education support program.
174 Authority for disposal of land.
175 Regulations.
(2) Regulations by finance board.
176 Appearance before finance board and appeal.
177 Determination of balanced assessments.
(2) Data for finance board.
178 Estimate of expenses and revenue of school divisions.
179 Review of estimates.
(2) Referral for reconsideration.
180 Estimate of finance board requirements.
181 Minister to notify board of contribution from Consolidated Fund.
(2) L. G. in C. to determine differential in support levy.
182 Apportionment of amount to be raised by education support levy.
183 Statement to municipalities.
184 Fixing education support levies by municipalities.
185 Remittance of amounts raised by education support levies.
(2) Interest charges.
186 Notice to school division of amount of support
(2) Apportionment of additional revenues by school division.
187 Statement of municipalities of amounts for school division levy.
188 Levy in municipalities.
189 Remittance of allowance to school division.
190 Interest charges.
VARIATION OF APPOINTMENT
191 Appeal of division apportionment.
(2) Hearing of appeal.
(3) Discretion of municipal board on appeal.
(4) Time for appeal.
(5) Effect of variations by municipal board.
(6) Correction of apportionment by finance board.
192 Definitions.
(2) Classification of assessments.
(3) Division of assessment of buildings.
(4) Basis of division.
(5) Division of assessment of land.
(6) Basis of division.
(7) Notification of classification and division.
(8) Appeals of classification and division of assessment of property.
(9) Entry of classifications, etc. on assessment rolls.
PART X
OTHER FINANCIAL PROVISIONS
193 Regulations.
194 Regulations.
195 Payment of grants.
196 Grants to educational organizations.
197 Special grants.
198 Authorized closures.
199 Moneys payable to school divisions a debt of municipality.
200 Authority for reserves.
201 Investing moneys not immediately required.
202 Disposition of moneys.
203 Expenditure of reserve.
204 Authorization of payment from reserve fund.
205 Instruction in public institutions.
206 School facilities in unorganized territory, etc.
207 Minister to have powers of trustees.
208 School must be conducted according to law.
(2) Waiver of non-compliance.
(3) Application of subsection (2).
209 Property taxable.
(2) Limitation on right to exempt.
(3) Effect of section on old by-laws.
210 Assessors to value lands situated in each school division.
211 Children attending another school.
RESPONSIBILITY FOR SCHOOL MONEYS
212 Responsibility for default of treasurer.
(2) Sureties for school moneys.
(3) Enforcing payment of school moneys.
(4) Responsibility to individuals.
(5) Municipal advances for current expenses.
(6) Guarantee of repayment.
(7) Limitations on guarantees.
(8) Borrowing by municipality for deficiency for schools.
(9) Submission of by-law to ratepayers not required.
PART XI
BORROWING
213 Borrowing and issue of securities.
(2) Approval of borrowing.
(3) Submission of by-laws.
(4) Approval of finance board.
(5) Referral to minister.
(6) Action of minister.
(7) Where vote approved.
(8) Assent of electors not required.
(9) Registerable debentures.
214 Sales of securities through finance board.
215 Provisions as to money by-laws.
216 Amendment of by-law.
217 Issues of debentures.
(2) Form of debentures.
(3) Signature.
(4) Coupons.
(5) Debentures issued by official trustee.
218 Incontestability.
219 Borrowing money in anticipation of sale of debentures.
220 Borrowing money for current purposes.
221 Maximum debt
222 By-law for borrowing.
223 Where a school division under official trustee.
PART XII
PROHIBITIONS AND PENALTIES
224 Making false reports an offence.
225 Personal liability of trustees.
226 Penalty.
227 Employees and pupils.
228 Field representative not to be trustee.
(2) Field representative may be official trustee.
229 Penalty.
230 Acting as agent forbidden.
(2) Acting as agent forbidden.
231 Disturbing meetings, school classes, etc., an offence.
232 Exclusion of pupils for infectious diseases.
(2) Action of school board in absence of physician.
233 Penalty of contravening sec. 232.
234 Penalty for failure to secure proper treatment.
235 Penalty for failure to have child examined.
236 Prohibition regarding offensive weapons.
(2) Penalty for offensive weapon.
(3) Penalty additional.
237 Penalty for violation of the Act.
238 Giving false information offence and penalty.
PART XIII
SPECIAL PROCEEDINGS
ADMINISTRATION OF SCHOOLS IN UNORGANIZED TERRITORY
239 Preparation of electors' roll.
(2) Finality of roll.
240 Electors' roll, continuing use of.
CENSUS
241 Census of school children.
(2) Restriction of taking of census.
(3) Verification of information.
242 Information to be given to officers.
COMMISSION OF INQUIRY
243 Appointment of commission to hold inquiry.
(2) Taking of evidence.
(3) Remuneration.
(4) Payment of costs.
244 Compelling attendance of witnesses.
(2) Penalty for default by person summoned.
ARBITRATIONS
245 Appointment of arbitrator to decide issues.
(2) Appointment of secretary.
(3) Compensation of arbitrator.
(4) Liability for costs.
246 Validity of proceedings.
FAILURE TO ACCOUNT
247 Application to court for documents, etc.
(2) Application to be supported by affidavit.
(3) Hearing may be held ex parte.
248 Issuing of order by judge.
(2) Other remedies not affected.
249 Powers of field representative.
250 Appeal from field representative's finding.
(2) Time of appeal.
(3) Grounds of appeal.
(4) Service of notice.
(5) Hearing de novo.
(6) Costs.
251 Appeal against award.
252 Disposition of appeal.
253 Procedure on quashing of award.
254 Grounds of appeal.
(2) Service of notice.
(3) Time for service of notice.
(4) Hearing de novo.
(5) Witnesses and evidence.
(6) Deemed dismissal of appeal.
(7) Judge may extend time.
255 Appeal to Court of Appeal.
(2) Limitation on further appeal.
256 To whom notice of decision to be given.
257 Costs.
PART XIV
SCHOOL ATTENDANCE
258 Definitions.
(2) Compulsory school age.
259 Right to attend school.
260 Responsibility to send child to school.
(2) Offence.
(3) Pupils over 16 years of age.
(4) Situation under 261 not defence.
261 Immunization required for school admission.
(2) Exclusion of contacts from school.
262 Exemption from liability.
263 Employment of children prohibited.
(2) Offence.
264 Designation of school attendance officers.
(2) Jurisdiction of school attendance officer.
(3) School board shall make rules.
265 Powers of field representative.
266 Teacher to report absence.
(2) Principal to report absence.
(3) Private schools to report absence.
267 Right to enter.
(2) Authority to conduct absent child to school.
268 Notice to parents.
(2) Manner of giving notice.
(3) Compliance with notice.
(4) Bond.
269 Access to records.
270 Furnishing of information.
271 Prosecutions before provincial judge.
272 Effect of minister's certificate.
(2) Effect of certificate by employee.
273 Proceedings instituted by school attendance officer.
274 Appeal.
275 No quashing of order or conviction for want of form.
276 Regulations.
277 Subsec. 126(1) rep. and sub.
278 Sec. 129 rep. and sub.
129 Time for making award;
279 Commencement
SCHEDULE A
(Subsection 268(1))
DEPARTMENT OF EDUCATION THE PUBLIC SCHOOLS ACT
SCHEDULE B
(Subsection 272(1))
DEPARTMENT OF EDUCATION
THE PUBLIC SCHOOLS ACT
SCHEDULE C
(Subsection 272(2))
DEPARTMENT OF EDUCATION THE PUBLIC SCHOOLS ACT
AFFIDAVIT OF QUALIFICATION AND OATH OF OFFICE AND ALLEGIANCE OF TRUSTEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS
CANADA
PROVINCE OF MANITOBA
SCHEDULE D
Form 2 (Section 92)
OF THE FIRST PART
AND
OF THE SECOND PART