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Statutes of Newfoundland and Labrador 2021


CHAPTER 21

AN ACT TO AMEND THE SCHOOLS ACT, 1997

(Assented to November 4, 2021)

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.59.1 Added
Dismissal of trustees


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1997 cS-12.2
as amended

        1. (1) Paragraph 2(b) of the Schools Act, 1997 is repealed and the following substituted:

             (b)  "board" means a school board constituted under section 53 or 59.1 and shall, as the context requires, mean the board having jurisdiction over a school or a student attending a school in the district of that board;

             (2)  Paragraph 2(w) of the Act is repealed and the following substituted:

            (w)  "trustee" means a person who is elected or appointed to be a member of a board under section 53, 55, 59 or 59.1 or elected to the conseil scolaire under section 95.

 

        2. The Act is amended by adding immediately after section 59 the following:

Dismissal of trustees

   59.1 (1) Notwithstanding anything in this Act or the regulations made under this Act, the Lieutenant-Governor in Council may, for the purpose of facilitating the integration of the Newfoundland and Labrador English School District under the Department of Education, dismiss the trustees of a board.

             (2)  Where the trustees of a board are dismissed under subsection (1), the Lieutenant-Governor in Council shall appoint the number of replacement trustees that the Lieutenant-Governor in Council considers appropriate.

             (3)  A trustee appointed under subsection (2) shall serve for the term set by the Lieutenant-Governor in Council, and where his or her term expires, is eligible for reappointment.

             (4)  Where the term of a trustee appointed under subsection (2) expires, he or she continues to be a trustee until reappointed or replaced.

             (5)  The Lieutenant-Governor in Council shall appoint, from among the trustees appointed under subsection (2), the chairperson of the board.

             (6)  The following provisions do not apply to trustees or a board appointed under this section:

             (a)  subsections 53(3), (4), (5) and (6) and paragraph 53(7)(a);

             (b)  section 58;

             (c)  paragraphs 60(2)(a) and (c); and

             (d)  subsection 63(1).

             (7)  Notwithstanding subsection 53(1), the requirement for a school board to be elected does not apply to trustees appointed under this section.

             (8)  Notwithstanding section 54, where trustees are appointed under this section, all parts of the district shall be considered to be represented by those trustees.

             (9)  This section does not apply to the conseil scolaire.