Statutes of Newfoundland and Labrador 2023 Chapter 18

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

SNL1997 cS-12.2
as amended

1. Section 2 of the Schools Act, 1997 is repealed and the following substituted:

Interpretation

2. (1) In this Act

(a) "assistant director" means an assistant director appointed by the conseil scolaire under section 110;

(b) "cohabiting partner" means a person with whom a trustee is living in a conjugal relationship outside of marriage;

(d) "department" means, unless the context indicates otherwise, the department presided over by the minister;

(e) "director" means a director appointed by the conseil scolaire under section 110;

(f) "emergency supply" means a person who does not have a valid certificate or licence issued under the Teacher Training Act and who is employed to teach in a school;

(g) "former Act" means the Schools Act, 1996;

(h) "French first language school" means a school established, maintained and operated by the conseil scolaire and includes a school operated by a board in accordance with section 23 of the Canadian Charter of Rights and Freedoms prior to the coming into force of Part V;

(i) "medical practitioner" means a medical practitioner as defined in the Medical Act, 2011;

(j) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(k) "parent" means

(i) the father or mother of a child by birth,

(ii) a person who has adopted a child under the Adoption Act, 2013,

(iii) a person having lawful custody of a child, and

(iv) a person who has demonstrated a settled intention to treat a child as a child of the person’s family, other than under an arrangement where the child is placed in a foster home for consideration by a person having lawful custody of the child;

(l) "principal" means a teacher designated as a principal or acting as a principal of a school and includes a person who is the head of a private school;

(m) "private school" means a school established under section 43;

(n) "provincial advisory council" means the provincial advisory council on education established under section 116.1;

(o) "provincial school" means a school established under section 50;

(p) "registered psychologist" means a registered psychologist as defined in the Psychologists Act, 2005;

(q) "school" means the body of school students that is organized as a unit for the purpose of education and includes the teachers and other staff members associated with the unit and the lands and premises used in connection with the unit;

(r) "school council" means a council referred to in section 25;

(s) "school day" means a day within a school year during which schools are operated in accordance with this Act and the regulations;

(t) "school year" means a year commencing on July 1 in a calendar year and ending on June 30 in the following calendar year;

(u) "senior management official" means the superintendent and an individual designated under subsection 51.7(3);

(v) "spouse" means

(i) a person to whom a trustee is married, unless the person and the trustee have made a separation agreement or their support obligations and family property have been dealt with by a court order, and

(ii) a cohabiting partner;

(w) "student" means a person who is

(i) enrolled in a school, or

(ii) required under section 4 to attend school;

(x) "student record" means a record of information in written or electronic form pertaining to a student;

(y) "superintendent" means the superintendent of schools referred to in subsection 51.7(1);

(z) "teacher" means a person who has a valid certificate or licence issued under the Teacher Training Act and, notwithstanding paragraph (f), includes emergency supply but does not include a director, an assistant director or a senior management official; and

(aa) "trustee" means a person who is

(i) elected or appointed to the conseil scolaire under section 95, or

(ii) appointed to the conseil scolaire under section 96.

(2) In this Act, a reference to the powers, duties, functions or responsibilities of the conseil scolaire shall be considered to be in relation to French first language schools.

2. (1) Subsection 3(2) of the Act is amended by deleting the words "A board" and substituting the words "The department or the conseil scolaire".

(2) Subsection 3(3) of the Act is amended by deleting the words "a board" and substituting the words "the department or the conseil scolaire".

3. (1) Subsection 4(2) of the Act is repealed and the following substituted:

(2) A student shall attend the school that the department or the conseil scolaire directs, unless otherwise permitted under this Act or by the department or the conseil scolaire.

(2) Subsection 4(3) of the Act is repealed and the following substituted:

(3) The department or the conseil scolaire shall admit to a school at the beginning of the school year all children who are under the jurisdiction of the department or the conseil scolaire who are 5 years of age before January 1 in that school year.

(3) Subsection 4(4) of the Act is amended by deleting the words "A board" and substituting the words "The department or the conseil scolaire".

4. Paragraph 5(d) of the Act is amended by deleting the word "board" and substituting the words "department or the conseil scolaire".

5. Subsection 10(3) of the Act is repealed and the following substituted:

(3) A principal of a school shall, in accordance with the policies of the department or the by-laws of the conseil scolaire, comply with a request of a parent with respect to a religious observance.

6. (1) Subsection 12(3) of the Act is amended by deleting the word "board" and substituting the words "department or the conseil scolaire".

(2) Subsection 12(5) of the Act is amended by deleting the words "board employees" and substituting the words "employees of the department or the conseil scolaire".

(3) Subsection 12(8) of the Act is repealed and the following substituted:

(8) This section shall not prevent the use of a report based upon a student record by the principal of a school attended by that student, the department or the conseil scolaire, for the purpose of a disciplinary proceeding commenced by the principal respecting the conduct of that student or a prosecution of an offence under this Act.

7. Paragraph 20(1)(b) of the Act is repealed and the following substituted:

(b) have access on request to annual reports respecting the general effectiveness of education programs in that school and in the province.

8. Subsection 21(1) of the Act is repealed and the following substituted:

Liability for damage

21. (1) Where the following property is destroyed, damaged or lost by the intentional or negligent act of a student, that student and the student's parents are individually and collectively liable to the Crown or the conseil scolaire in respect of the act of that student:

(a) property of the Crown used for primary, elementary or secondary education purposes;

(b) property of an employee of the Crown engaged in duties related to primary, elementary or secondary education;

(d) property of an employee of the conseil scolaire.

9. (1) Subsection 22(1) of the Act is repealed and the following substituted:

Appeal

22. (1) Where a decision affects a student, the parent of the student or, where the student is 19 years of age or older, the student may appeal the decision

(a) of an employee of the department employed in a school, to the principal and the principal's decision may be appealed to the superintendent;

(b) of an employee of the conseil scolaire employed in a school, to the principal and the principal's decision may be appealed to the conseil scolaire;

(d) of an employee of the department not employed in a school, to the superintendent; and

(e) of an employee of the conseil scolaire not employed in a school, to the conseil scolaire,

and the superintendent's or the conseil scolaire's decision on the appeal shall be final.

(2) Subsection 22(3) of the Act is repealed and the following substituted:

(3) An appeal under this section shall be made in accordance with

(a) this Act; and

(b) in the case of

(i) the department, the regulations, or

(ii) a French first language school, the by-laws of the conseil scolaire.

(3) Subsection 22(4) of the Act is amended by deleting the word "board" and substituting the words "department, conseil scolaire".

10. (1) Subsection 24(1) of the Act is repealed and the following substituted:

Principal

24. (1) The department or the conseil scolaire shall appoint a principal for every school.

(2) Subsection 24(3) of the Act is amended by deleting the word "board" wherever it appears and substituting the words "department or the conseil scolaire".

11. (1) Subsection 25(2) of the Act is amended by deleting the words "by-laws of the board" and substituting the words "policies of the department".

(2) Subsection 25(14) of the Act is amended by deleting the word "board" and substituting the word "superintendent".

12. (1) Paragraph 26(2)(d) of the Act is amended by deleting the word "board" and substituting the word "department".

(2) Paragraphs 26(3)(a) and (b) of the Act are amended by deleting the word "board" and substituting the word "department".

(3) Paragraph 26(3)(i) of the Act is repealed and the following substituted:

(i) communicate concerns respecting departmental policies and practices to the department.

(4) Subsection 26(4) of the Act is amended by deleting the words "by-laws of the board" and substituting the words "policies of the department".

(5) Subsection 26(6) of the Act is amended by deleting the words "A board" and substituting the words "The department".

(6) Subsection 26(7) of the Act is amended by deleting the word "board" and substituting the word "department".

(7) Subsection 26(8) of the Act is amended by deleting the words "by-laws of the board" and substituting the words "policies of the department".

13. Subsection 27(2) of the Act is amended by deleting the words "a board" and substituting the words "the department or the conseil scolaire".

14. Section 30 of the Act is amended by deleting the words "A board" and substituting the words "The department or the conseil scolaire".

15. Section 31 of the Act is repealed and the following substituted:

Presence of teacher

31. Unless assigned to other duties by the principal or absent because of illness or other unavoidable cause, a teacher shall be in school during a period in the morning and in the afternoon immediately preceding the time set for the opening of school as required by the policies of the department or the by-laws of the conseil scolaire.

16. (1) Paragraph 32(a) of the Act is amended by deleting the word "board" and substituting the words "department or the conseil scolaire".

(2) Paragraph 32(c) of the Act is amended by deleting the word "board" and substituting the words "department or the conseil scolaire".

(3) Paragraph 32(d) of the Act is amended by deleting the word "board" and substituting the words "department or the conseil scolaire".

17. Paragraph 33(g) of the Act is amended by deleting the word "board" and substituting the words "superintendent or the conseil scolaire".

18. (1) Subsection 36(1) of the Act is repealed and the following substituted:

Suspension

36. (1) A teacher may suspend a student from a class period in accordance with the regulations or the by-laws of the conseil scolaire.

(2) Subsection 36(3) of the Act is repealed and the following substituted:

(3) A principal may, in accordance with the regulations or the by-laws of the conseil scolaire, suspend a student from

(a) one or more class periods;

(b) one or more courses or school programs;

(d) riding on a school bus; and

(e) participating in an activity sponsored or approved by the department or the conseil scolaire.

(3) Subsection 36(5) of the Act is amended by deleting the words "by-laws of the board" and substituting the words "regulations or by-laws of the conseil scolaire".

(4) Subsection 36(6) of the Act is amended by deleting the word "board" and substituting the word "department".

(5) Subsection 36(7) of the Act is amended by

(a) deleting the word "person" immediately after the word "professional'; and

(b) deleting the word "board" and substituting the word "department".

19. (1) Subsection 37(2) of the Act is amended by deleting the word "board" and substituting the word "department".

(2) Subsection 37(5) of the Act is amended by deleting the words "A board" and substituting the words "The expulsion review panel referred to in subsection 39(2)".

20. Section 39 of the Act is repealed and the following substituted:

Review of expulsion

39. (1) Where a student has been expelled under section 37, a parent of the student or, where the student is 19 years of age or older, the student, may, within 15 days of the effective date of the expulsion, make a written request to the department or the conseil scolaire, that the expulsion be reviewed.

(2) The minister shall, in accordance with the regulations, appoint a panel of persons to act as an expulsion review panel with respect to schools under the jurisdiction of the department to investigate the circumstances of the expulsion and to make an order upholding or reversing the order to expel the student.

(3) A review by the expulsion review panel under subsection (2) shall be made in accordance with the regulations.

(4) Where the conseil scolaire receives a request for review under subsection (1), the conseil scolaire shall appoint 3 of its members as a review panel to investigate the circumstances of the expulsion and to make an order upholding or reversing the order to expel the student.

(5) An order of the expulsion review panel under subsection (2) or of the conseil scolaire review panel under subsection (4) is binding upon the student, school, department, conseil scolaire and other persons affected by it.

21. Section 41 of the Act is repealed and the following substituted:

Prohibition

41. A person shall not

(a) disturb or interrupt the proceedings of a school, a school council, a conseil d'ecole, the conseil scolaire or the provincial advisory council;

(b) loiter or trespass

(i) in a school building,

(ii) on property owned or used by the Crown for primary, elementary or secondary education purposes, or

(iii) on property owned or used by the conseil scolaire; or

(c) canvass, sell or offer to sell goods, services or merchandise to a teacher or a student in a school without the approval of the school council or the conseil d'ecole, and where there is no school council or conseil d'ecole, of the department or the conseil scolaire.

22. Subsection 48(2) of the Act is amended by deleting the word "boards" and substituting the words "the department, the conseil scolaire".

23. Subsection 50(2) of the Act is amended by deleting the words "a board" and substituting the words "the conseil scolaire".

24. The Act is amended by adding immediately after section 51.1 the following:

PART III.1
POWERS AND DUTIES OF THE DEPARTMENT

Crown successor

51.2 (1) The school board of the Newfoundland and Labrador English School District, as constituted immediately before the coming into force of this section, is dissolved.

(2) The Crown is the successor in law to the school board of the Newfoundland and Labrador English School District and

(a) all agreements, contracts, debts, liabilities and other obligations of the school board of the Newfoundland and Labrador English School District are assumed by the Crown and the Crown shall fulfil and satisfy all those agreements, contracts, debts, liabilities and other obligations;

(b) the Crown is substituted for the school board of the Newfoundland and Labrador English School District in respect of employment contracts held by the school board of the Newfoundland and Labrador English School District at the time this section comes into force; and

(c) title to all real and personal property of the school board of the Newfoundland and Labrador English School District is vested in the Crown, and, for all real and personal property held or used for the purpose of education by the school board of the Newfoundland and Labrador English School District, the Crown is substituted for the school board of the Newfoundland and Labrador English School District in respect of an entitlement, interest, instrument, deed, contract, agreement or other document held by the school board of the Newfoundland and Labrador English School District with respect to that property.

Duties of department

51.3 (1) The department shall, with respect to schools under its jurisdiction,

(a) organize and administer primary, elementary and secondary education;

(b) provide for the instruction of students either by the establishment of a program in its schools or by making an arrangement with another educational body in Canada;

(d) promote a safe and caring learning environment for schools;

(e) ensure adequate supervision of all students enrolled in its schools during the period for which the department is responsible for those students;

(f) formulate policies for evaluating employees;

(g) ensure that the programs or courses of study and the materials prescribed or approved by the minister are followed;

(h) ensure that each school maintains adequate program and performance standards;

(i) establish policies for student evaluation and student promotion;

(j) make known to the public and enlist the support of the public for policies and programs;

(k) where the department considers it necessary, arrange for a system of transportation of students to and from schools;

(l) where arrangements are made by it for the transportation of students, ensure that

(i) all vehicles engaged in carrying students to and from school are in good mechanical condition and have adequate liability insurance, and

(ii) an appropriate bus safety program is offered to students who are transported by bus;

(m) admit to a school, at all reasonable times and subject to the terms of an agreement between it and the university offering the program, a student enrolled in a teacher training program for the purpose of observation and the practice of teaching;

(n) admit to a school, at all reasonable times and subject to the terms of an agreement between it and a college or institute offering the program, a student enrolled in an education-related training program approved by the minister for the purpose of observation and activities associated with the student's program;

(o) organize and administer a school in an institution, where directed to do so by the minister;

(p) establish policies respecting the periods during which teachers are required to be in school under section 31; and

(q) establish policies respecting the imposition of a levy by a school council.

(2) The department shall publish policies established under subsection (1) on the website of the department.

Powers of department

51.4 (1) The department may, with respect to schools under its jurisdiction,

(a) permit a school building to be used outside of school hours, where this does not interfere with the regular conduct of the school;

(b) charge a person or group a fee for use of a school under paragraph (a);

(c) require a student, believed by a teacher to be suffering from a communicable disease or a physical or mental health condition which might endanger an employee or other students, to be examined by a medical practitioner or other professional appointed or approved by the department and, upon the recommendation of the medical practitioner or that other professional, exclude that student from school until a certificate acceptable to the department is obtained from a medical practitioner or that other professional permitting that student to return to school, but an exclusion or extension of an exclusion shall be reviewed by the department within 25 school days;

(d) by notice, in writing, require an employee to undergo an examination or assessment the department considers necessary, as arranged or approved by the department, and to submit a certificate acceptable to the department signed by the medical practitioner, registered psychologist or other professional approved by the department setting out the conclusions regarding the examination or assessment;

(e) summarily dismiss an employee who within 14 days from the date of receiving a notice under paragraph (d) has not made a reasonable attempt to obtain the examination or assessment;

(f) where a certificate submitted to the department under paragraph (d) shows that an employee's physical or mental health would be injurious to an employee or students, direct the employee to take sick leave or other earned leave or, where the employee has no sick leave or other earned leave or the sick leave or other earned leave is exhausted, require the employee to take unpaid leave;

(g) suspend from work, with or without pay, an employee who is charged with an offence that in the opinion of the department would make that employee unsuitable to perform the employee's duties;

(h) provide, subject to the written permission of the parent of the student concerned and in conjunction with the appropriate officials responsible for traffic control in the area, a system of school patrols in which a student may assist in the control of motor vehicle traffic on highways or elsewhere so far as the traffic may affect a student going to or from the school; and

(i) levy a fee for the transportation of students.

(2) Notwithstanding subsection (1) and section 51.3, the department may close a school only after the parents of students affected have been given an opportunity to make representations to the department.

Additional resources for certain schools

51.5 (1) The department may establish, maintain and operate a school where the school provides programs or courses of study that satisfy the minimum requirements as approved by the minister.

(2) The minister shall determine and, by order, specify a school that is a small school, and the grades which may be taught in that school, in which the requirements of subsection (1) cannot be met, but the school shall be maintained and operated because of isolation or because the students cannot reasonably be accommodated in another school.

(3) A school specified in an order under subsection (2) shall receive an allocation of resources, as approved by the minister, additional to the allocation of resources provided for schools not specified in the order under subsection (2).

(4) The department shall ensure that an additional allocation received under subsection (3) for a school is used in that school.

Zoning

51.6 (1) The department may establish an attendance zone for each school under its jurisdiction and each student who resides in that zone shall attend a school specified for that attendance zone.

(2) Notwithstanding subsection (1), the department may permit a student who resides in one attendance zone to attend a school in another attendance zone.

Superintendent and senior management officials

51.7 (1) The assistant deputy minister responsible for the public schools branch of the department shall be the superintendent of schools and shall exercise the powers and perform the duties of the superintendent established in this Act and the regulations.

(2) Where there is no superintendent or the superintendent is absent or unable to act, the minister may delegate to an employee of the department the duties and responsibilities of the superintendent under this Act and the regulations.

(3) The minister may designate employees of the department that the minister considers necessary as senior management officials to carry out the duties and responsibilities and exercise the powers of the department under this Act and the regulations.

Duties of superintendent

51.8 (1) The superintendent shall, with respect to schools under the jurisdiction of the department,

(a) administer, supervise and evaluate all education programs and services for the operation of schools;

(b) determine, in accordance with this Act, the school that a student shall attend;

(d) supervise all schools, property, teachers, and other employees of the department in schools and visit each school at least once in each school year; and

(e) perform other duties required under this Act and the regulations.

(2) Notwithstanding paragraph (1)(d), the superintendent may designate a person to visit a school on the superintendent's behalf.

Suspension by superintendent

51.9 Where the superintendent is of the opinion that the presence of an employee is an immediate threat to the welfare of students or an employee of the department, the superintendent may suspend that employee, with or without pay, from the performance of the employee's duties.

Medical certificate

51.10 (1) An employee who has been dismissed under paragraph 51.4(1)(e) shall not accept a position with the conseil scolaire or a private school until a certificate of a medical practitioner, a registered psychologist or other professional approved by the department as to the employee's physical or mental health, has been submitted to, and considered acceptable by the department.

(2) An employee required to take leave under paragraph 51.4(1)(f) shall not return to work until the employee delivers to the department a certificate acceptable to the department signed by the medical practitioner, registered psychologist or other professional approved by the department stating that the employee has recovered sufficiently to return to work.

Property

51.11 (1) All real and personal property used for the purpose of education by a school board immediately before the former section 84 came into force shall continue to be used for the purpose of education by the department.

(2) The use of all real and personal property by the department under subsection (1) shall be without compensation to the person or association of persons in which the title to the property is vested.

(3) Where title to property used for the purpose of education by the department is vested in a denominational authority immediately before the former section 84 came into force, and no property, or funds for the purchase, construction or maintenance of the property, have been provided by a religious denomination, that denominational authority shall transfer that title to the Crown, and the cost of the transfer of title shall be paid by the Crown.

(4) Where property used for the purpose of education by the department, or funds for the purchase, construction or maintenance of that property, have been provided by a religious denomination and title to the property is vested in a denominational authority, that denominational authority shall, as soon as practicable, enter into an agreement with the Crown relating to

(a) all matters necessary for the Crown to manage, maintain, use, equip and improve the property while the property is required by the department for the purpose of education; and

(b) disposition of the property, where the department no longer requires the property for an educational purpose.

(5) A denominational authority that holds title to property that is being used by the department for the purpose of education and intends to convey that property to a person, other than the Crown or another denominational authority, shall first

(a) provide to the Crown all financial records relating to the provision of property or funds by the denominational authority for the purchase, construction or improvement of the property; and

(b) enter into an agreement with the Crown under subsection (4), where the denominational authority has not already done so.

(6) Where a denominational authority fails to comply with the requirements of paragraph (5)(a), there shall be no final disposition of the property notwithstanding that it is no longer required by the department for the purpose of education, except where the minister has dispensed with this requirement.

(7) Where a denominational authority has conveyed property to a person, other than the Crown or a denominational authority without first satisfying the requirement of paragraph (5)(b), the purchaser of the property and a subsequent purchaser shall be bound by terms and conditions specified in the regulations.

(8) Where an agreement under subsection (4) has been entered into, a person who purchases property from a denominational authority under a conveyance referred to in subsection (5), including a subsequent purchaser, shall be bound by the terms and conditions of that agreement as if it were the denominational authority except as otherwise provided in the regulations, whether or not the agreement has been assigned or transferred by the denominational authority and notwithstanding any agreement, declaration, waiver, representation or statement to the contrary made in association with the conveyance.

(9) Where property used for the purpose of education by the department, or funds for the purchase, construction or maintenance of that property, have been provided by a religious denomination and title to the property is vested in the Crown, the Crown shall, as soon as practicable, enter into an agreement with the denominational authority that held title prior to the vesting of title in the Crown relating to the disposition of the property, where the department no longer requires the property for an educational purpose.

(10) The minister shall establish a procedure for the resolution of an agreement

(a) if an agreement referred to in subsection (4) has not been entered into within 12 months of the coming into force of the former section 84, as it existed before the coming into force of this section; and

(b) if an agreement referred to in subsection (9) has not been entered into as soon as practicable.

(11) An agreement under this section is of no effect until it is approved in writing by the minister.

(12) In this section and sections 51.14 and 110.5, "denominational authority" means

(a) an integrating denomination or a person, an organization or a corporation on behalf of an integrating denomination under article 12 of the Document of Integration entered into by the Diocesan Synod of Newfoundland, the Newfoundland Conference of the United Church of Canada, the Territorial Commander for the Salvation Army for Canada and the Newfoundland Presbytery of the Presbyterian Church in Canada;

(b) a Roman Catholic Episcopal corporation;

(d) includes another denominational group holding title to property used for the purpose of education.

(13) In this section, "former section 84" means section 84 of this Act as it existed immediately before the coming into force of this section.

Shared facilities

51.12 (1) The department may enter into an agreement with a person or group of persons for the construction and shared use of a school building or a building to be primarily used as a school.

(2) Unless otherwise approved in writing by the minister, the title to all real property acquired under subsection (1) shall be vested in the Crown.

School generated funds

51.13 (1) In this section, "school generated funds" means

(a) a fee referred to in subsection 13(2);

(b) a levy approved under subsection 26(4);

(d) proceeds from fundraising, food service commissions or school-sponsored events;

(e) donations made to a school;

(f) special purpose grants awarded at the school level;

(g) other funds as prescribed in regulations; and

(h) interest earned on funds described in paragraphs (a) to (g).

(2) Funds held by a school on the date this section comes into force shall be considered to be school generated funds.

(3) School generated funds shall be administered and maintained in accordance with the regulations.

(4) School generated funds shall, for the purpose of section 22 of the Financial Administration Act, be considered to be received for a special purpose as prescribed in the regulations.

Title to school land

51.14 (1) Money shall not be paid for the construction or extension of a school where the Crown does not have title to the land on which that construction or extension is to occur.

(2) Notwithstanding subsection (1), money may be paid for the construction or extension of a school, where title to the land is vested in a denominational authority, in accordance with an agreement entered into under section 51.11.

(3) The minister shall not pay money for the construction or extension of a school unless

(a) the land has been approved by the appropriate government department or agency; and

(b) the construction or extension is planned in accordance with all applicable building standards and the school planning manual approved by the minister, and the building plans and the site have been approved by an official of the department designated for the purpose by the minister.

(4) In addition to the requirements of subsection (3), the minister may require that the plans be developed and funding identified for landscaping of the land, including the provision of a playground area.

25. Part IV of the Act is repealed.

26. The Act is amended by adding immediately after section 95.3 the following:

Executive committee

95.4 (1) The conseil scolaire shall establish an executive committee composed of

(a) the chairperson of the conseil scolaire; and

(b) the trustees elected to the executive committee by the trustees.

(2) The executive committee of the conseil scolaire shall act in the place of and manage the affairs of the conseil scolaire between regular meetings of the conseil scolaire and may, except where directed otherwise by the conseil scolaire and, in accordance with by-laws of the conseil scolaire, exercise the powers and duties of the conseil scolaire.

(3) A quorum of the executive committee shall be a majority of the members of the executive committee.

(4) All actions of the executive committee carried out under subsection (2) shall be reported to the conseil scolaire at the next regular meeting of the conseil scolaire.

Dissolution of conseil scolaire

95.5 (1) The Lieutenant-Governor in Council may by order dissolve a conseil scolaire on a specified date and the conseil scolaire shall be considered to be dissolved on that date.

(2) Where a conseil scolaire is dissolved under this section and there is no successor conseil scolaire, all debts and liabilities of the conseil scolaire shall be paid and discharged before that dissolution.

(3) Where a conseil scolaire is dissolved under this section and there is no successor conseil scolaire and all debts and liabilities of the dissolved conseil scolaire are paid and discharged, surplus funds and real and personal property vested in or used by that conseil scolaire shall, subject to an agreement referred to in section 51.11, vest in the Crown.

(4) Where a conseil scolaire is dissolved under this section and there is no successor conseil scolaire and there is a dispute as to the disposition of property vested in or used by the dissolved conseil scolaire, the minister may, subject to an agreement referred to in section 51.11, direct the disposition or dispose of the property.

(5) Where a conseil scolaire is dissolved under this section and there is a successor conseil scolaire, the successor conseil scolaire is the successor in law of the dissolved conseil scolaire and

(a) all agreements, contracts, debts, liabilities and other obligations of that dissolved conseil scolaire are assumed by the successor conseil scolaire and the successor conseil scolaire shall fulfil and satisfy all those agreements, contracts, debts, liabilities and other obligations;

(b) the successor conseil scolaire is substituted for the dissolved conseil scolaire in respect of an employment contract held by the dissolved conseil scolaire on its dissolution; and

(c) title to all real and personal property of a dissolved conseil scolaire is vested in the successor conseil scolaire, and, for all real and personal property held or used for the purpose of education by a dissolved conseil scolaire, the successor conseil scolaire is substituted for the dissolved conseil scolaire in respect of an entitlement, interest, instrument, deed, contract, agreement or other document held by the dissolved conseil scolaire with respect to that property.

(6) Where there is a dispute as to which conseil scolaire is the successor to a conseil scolaire that has been dissolved and there is a dispute as to which conseil scolaire is the successor conseil scolaire respecting the

(a) assumption of an agreement, contract, debt, liability or other obligation under paragraph (5)(a); or

(b) substitution for the dissolved conseil scolaire with respect to an employment contract under paragraph (5)(b),

the minister shall make an order determining the matter and that order shall be final.

27. The Act is amended by adding immediately after section 96 the following:

Closed meeting

96.1 A meeting of the conseil scolaire is open to the public unless it is declared by vote of the trustees to be a closed meeting from which members of the public shall be excluded.

Minutes

96.2 (1) The conseil scolaire and the executive committee of the conseil scolaire shall keep minutes of its proceedings and the minutes shall at all reasonable times be available for inspection by an official of the department designated by the minister, and on request, to members of the public.

(2) Notwithstanding subsection (1), the minutes of a closed meeting shall not be available to the public.

Meetings and business

96.3 (1) The conseil scolaire shall hold an annual meeting on the date specified in its by-laws, and in any event not later than November 30.

(2) The conseil scolaire shall hold meetings to transact the business of the conseil scolaire not less than 4 times per year.

(3) A special meeting of the conseil scolaire may be held at the request of the chairperson, and shall be called when a written application, specifying the purpose of the proposed meeting, is made to the chairperson by a majority of the trustees and business shall not be transacted at a special meeting other than business for which the meeting was called.

(4) A trustee shall be given at least 4 days' notice, in writing, of the business to be transacted at a regular meeting.

(5) Members of the conseil scolaire shall serve without remuneration but may be reimbursed by the conseil scolaire at a rate set in a policy directive of the minister for travelling and other expenses reasonably incurred in connection with the work of the conseil scolaire.

Execution of documents

96.4 (1) The conseil scolaire shall by resolution, certified by the chairperson or other person approved by the conseil scolaire, determine those trustees who shall execute all deeds and other documents on behalf of the conseil scolaire.

(2) The conseil scolaire shall by resolution, certified by the chairperson or other person approved by the conseil scolaire, appoint a person or persons as signing officers with respect to the signing of cheques and other daily transactions of the conseil scolaire.

Annual budget

96.5 (1) The conseil scolaire shall at a date that the minister may determine in each year submit to the minister a copy of its annual budget for the next fiscal year.

(2) The annual budget submitted to the minister under subsection (1) shall provide

(a) detailed estimates of operating expenses of the conseil scolaire for the next fiscal year;

(b) detailed estimates of revenue of the conseil scolaire for the next fiscal year from all sources;

(d) other information that may be required by the minister.

(3) The conseil scolaire shall not, in a fiscal year, incur, contract for or become liable for an expenditure or debt

(a) unless the annual fiscal budget for that fiscal year has first been approved, in writing, by the minister; and

(b) that is more than the estimated expenditures or debt set out in its annual budget or substantially changes the manner in which an expenditure will be made, except with the prior written approval of the minister.

(4) The minister may appoint a person to examine the books of account and other financial records of the conseil scolaire and, at the request of that person, the conseil scolaire shall provide the person with its books of account and other financial records and an officer or employee of the conseil scolaire shall answer questions pertaining to them and provide other assistance that the person may request.

Accounts and audits

96.6 (1) The conseil scolaire shall keep an accurate record of all receipts and expenditures and ensure that all funds received from the Crown are expended only for the purpose for which they are provided and prepare and submit to the minister at the end of each school year a detailed statement of its accounts audited by a person licensed as a public accountant under the Chartered Professional Accountants and Public Accountants Act in the form and at a time that the minister may require.

(2) The auditor shall, during the course of each audit, inspect the bonds entered into with respect to the conseil scolaire and report on their sufficiency to the minister.

(3) Where the conseil scolaire does not transmit to the minister the statement of accounts referred to in subsection (1), the minister may withhold further payment of funds until statements of account satisfactory to the minister have been provided.

Audit directed by minister

96.7 (1) Where an audit under section 96.6 has not been conducted to the satisfaction of the minister, the minister may direct in writing that the accounts of the conseil scolaire be audited by an auditor designated by the minister, and that auditor shall report on the audit to the minister.

(2) The conseil scolaire shall, when requested, provide to a person conducting an audit under section 96.6 or subsection (1), all account books, accounts, supporting documents and other information necessary to complete the audit.

(3) A trustee who refuses to provide a book, account or information in the trustee's possession which is necessary for an audit may be removed from office by the Lieutenant-Governor in Council.

(4) Where an audit shows that funds are not being expended in accordance with this Act, the minister may withhold further payments of funds until this Act is complied with.

Conflict of interest

96.8 (1) A trustee has a conflict of interest and shall not vote or speak on a matter before the conseil scolaire or a committee of the conseil scolaire where

(a) the trustee or a relative of the trustee has a direct or indirect monetary or other interest in the matter; or

(b) the trustee is an officer, employee or agent of an incorporated or unincorporated company, or other association of persons, that has a direct or indirect monetary or other interest in that matter.

(2) A trustee with a conflict of interest under subsection (1) shall not enter into a contract with the conseil scolaire.

(3) For the purpose of subsection (1), a relative of a trustee means

(a) a parent, step-parent, spouse, sibling, step-sibling, child, step-child, parent-in-law or sibling-in-law; or

(b) a person not referred to in paragraph (a) who resides with the trustee.

(4) In order for an interest to be considered as one falling within the prohibition set out in subsection (1) it shall be an interest distinct from an interest held in common with the electors of the conseil scolaire.

(5) Notwithstanding subsection (1), a trustee does not have a conflict of interest by reason only that a relative of the trustee is enrolled in a school affected by a conseil scolaire decision.

(6) For the purpose of subsection (5), a relative of a trustee means, in addition to the persons referred to in subsection (3), a grandchild of the trustee or the trustee's spouse, a child of the trustee's sibling or step-sibling or a child of the trustee's spouse's sibling.

Disclosure

96.9 (1) Where a trustee has a conflict of interest under section 96.8, the trustee shall state the nature of the conflict of interest at the beginning of discussion on the matter in which the trustee has that conflict of interest.

(2) Where the trustee who declares a conflict of interest under subsection (1) is the chairperson, the trustee shall vacate the chair for the discussion of the matter in which the conflict of interest exists.

(3) A trustee who declares a conflict of interest under subsection (1) shall leave the meeting while the matter on which the trustee has a conflict of interest is being discussed.

(4) A trustee who is in doubt as to whether or not the trustee has a conflict of interest under section 96.8 shall disclose that interest to the conseil scolaire and the conseil scolaire may decide the question by majority vote and its decision on the matter is final.

Proceeding voidable

96.10 The failure of a person to comply with the requirements of section 96.9 does not invalidate a proceeding of the conseil scolaire, but the proceeding is voidable by the conseil scolaire before the expiration of 2 years from the date of the passing of the resolution or by-law in respect of which the failure occurred, unless to invalidate the proceeding would adversely affect the rights of another person who acquired those rights under the proceeding and who acted in good faith and without actual notice of the failure to comply with section 96.9.

Application to Supreme Court

96.11 (1) A person may, within 6 weeks of learning that a trustee may have contravened section 96.8, apply to a judge of the Supreme Court to determine if the trustee has contravened section 96.8.

(2) The applicant shall state the grounds for alleging a contravention of section 96.8 by the trustee.

(3) An application shall not be brought under subsection (1) after the expiration of 2 years from the time at which the contravention is alleged to have occurred.

Conflict of interest remedy

96.12 (1) Where a judge of the Supreme Court determines that a trustee contravened section 96.8, the judge

(a) shall, in the case of a person currently holding office as a trustee, declare the office of the trustee vacant; and

(b) may, where the contravention has resulted in financial gain to the trustee, require the trustee to make restitution to the person suffering the loss or, where that person is not readily ascertainable, to the conseil scolaire of which the trustee is a current or former trustee.

(2) Notwithstanding paragraph (1)(a), where a judge of the Supreme Court determines that a trustee contravened section 96.8, but was acting in good faith, the office of the trustee shall not be declared vacant under paragraph (1)(a).

Irregular management of affairs

96.13 (1) Where the minister is satisfied that the affairs of the conseil scolaire are managed in an irregular, improper or improvident manner, the minister may by order in writing direct the conseil scolaire or a trustee of the conseil scolaire to take action that the minister considers necessary or advisable in the circumstances.

(2) Where satisfied that the affairs of the conseil scolaire are managed in an irregular, improper or improvident manner the Lieutenant-Governor in Council may dismiss one or more of the trustees of the conseil scolaire.

By-laws

96.14 (1) The conseil scolaire shall adopt by-laws respecting

(a) the procedure for an appeal under section 22;

(b) the periods during which teachers are required to be in school under section 31;

(d) the calling and conduct of meetings of the conseil scolaire and the administration and business of the conseil scolaire; and

(e) the imposition of a levy by a conseil d'ecole.

(2) The conseil scolaire may make by-laws that are not inconsistent with this Act and that are necessary or desirable to carry out its powers and duties under this Act.

(3) A by-law of the conseil scolaire shall not come into force until approved by the minister.

28. (1) Subsection 97(1) of the Act is repealed and the following substituted:

Duties of conseil scolaire

97. (1) The conseil scolaire shall

(a) organize and administer primary, elementary and secondary education;

(b) provide for the instruction of students either by the establishment of a program in its schools or by making an arrangement with another educational body in Canada;

(d) promote a safe and caring learning environment for schools;

(e) ensure that policies and guidelines issued by the minister relating to special education for students are followed in schools;

(f) ensure adequate supervision of all students enrolled in its schools during the period for which the conseil scolaire is responsible for those students;

(g) develop a policy on employment equity and a plan for implementing the policy;

(h) appoint and dismiss employees;

(i) appoint and assign duties of teachers;

(j) adopt personnel policies which shall follow the personnel administration procedures of the government of the province, with the necessary changes, unless other policies are approved, in writing, by the minister;

(k) formulate policies for evaluating employees;

(l) arrange for the bonding of the assistant director of finance and business administration and other persons employed by the conseil scolaire whose duties include the collecting, receiving or depositing of money belonging to the conseil scolaire;

(m) purchase or otherwise acquire, subject to the prior written approval of the minister, real property that it requires;

(n) ensure that the programs or courses of study and the materials prescribed or approved by the minister are followed;

(o) ensure that each school maintains adequate program and performance standards;

(p) establish policies for student evaluation and student promotion;

(q) establish priorities for school construction, maintenance and repair and make recommendations to the minister;

(r) make known to the public and enlist the support of the public for conseil scolaire policies and programs;

(s) transmit to the minister all records and returns required by this Act and other reports and returns that the minister may require;

(t) where the conseil scolaire considers it necessary, arrange for a system of transportation of students to and from schools;

(u) where arrangements are made by it for the transportation of students, ensure that

(i) all vehicles engaged in carrying students to and from school are in good mechanical condition and have adequate liability insurance, and

(ii) an appropriate bus safety program is offered to students who are transported by bus;

(v) insure and keep insured all its buildings and equipment and obtain insurance indemnifying it against liability in respect of a claim for damages or personal injury;

(w) admit to a school under its control, at all reasonable times and subject to the terms of an agreement between it and a college or institute offering the program, a student enrolled in an education-related training program approved by the minister for the purpose of observation and activities associated with the student's program;

(x) organize and administer a school in an institution, where directed to do so by the minister;

(y) comply with a policy directive of the minister; and

(z) immediately inform the minister in writing of a vacancy in the position of director or assistant director.

(2) Section 97 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding paragraph (1)(h), an emergency supply shall not be employed or appointed to teach without the permission of the minister.

(1.2) The conseil scolaire shall be responsible to the minister for the expenditure of public funds, the conduct of programs of instruction and evaluation required by the minister and for the maintenance of adequate program and performance standards in schools under its jurisdiction.

(3) Subsections 97(3) and (4) of the Act are repealed.

29. (1) Subsection 98(1) of the Act is repealed and the following substituted:

Powers of conseil scolaire

98. (1) The conseil scolaire may

(a) employ persons that the conseil scolaire considers necessary for its operations and to carry out its objects;

(b) enter into agreements for the purpose of carrying out its functions under this Act;

(c) permit a school building to be used outside of school hours, where this does not interfere with the regular conduct of the school;

(d) charge a person or group a fee for use of a school under paragraph (c);

(e) require a student, believed by a teacher to be suffering from a communicable disease or a physical or mental health condition which might endanger an employee of the conseil scolaire or other students, to be examined by a medical practitioner or other professional appointed or approved by the conseil scolaire and, upon the recommendation of the medical practitioner or that other professional, exclude that student from school until a certificate acceptable to the conseil scolaire is obtained from a medical practitioner or that other professional permitting that student to return to school, but an exclusion or extension of an exclusion shall be reviewed by the conseil scolaire within 25 school days;

(f) by notice, in writing, require an employee to undergo an examination or assessment the conseil scolaire considers necessary, as arranged and approved by the conseil scolaire, and to submit a certificate acceptable to the conseil scolaire signed by the medical practitioner, registered psychologist or other professional approved by the conseil scolaire setting out the conclusions regarding the examination or assessment;

(g) summarily dismiss an employee who within 14 days from the date of receiving a notice under paragraph (f) has not made a reasonable attempt to obtain the examination or assessment;

(h) where a certificate submitted to the conseil scolaire under paragraph (f) shows that an employee's physical or mental health would be injurious to an employee of the conseil scolaire or students, direct the employee to take sick leave or other earned leave or, where the employee has no sick leave or other earned leave or the sick leave or other earned leave is exhausted, require the employee to take unpaid leave;

(i) suspend from work, with or without pay, an employee who is charged with an offence that in the opinion of the conseil scolaire would make that employee unsuitable to perform the employee's duties;

(j) provide, subject to the written permission of the parent of the student concerned and in conjunction with the appropriate officials responsible for traffic control in the area, a system of school patrols in which a student may assist in the control of motor vehicle traffic on highways or elsewhere so far as the traffic may affect a student going to or from the school;

(k) raise money, subject to the prior written approval of the minister, upon its corporate credit and for the purpose of the conseil scolaire;

(l) sell or lease property for the purpose of the conseil scolaire, subject to the prior written approval of the minister; and

(m) levy a fee for the transportation of students.

(2) Section 98 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding section 97 or subsection (1), the conseil scolaire may close a school only after the parents of students affected have been given an opportunity to make representations to the conseil scolaire.

(1.2) In addition to the powers referenced in subsection (1), the conseil scolaire may make recommendations under subsection 95(3), section 100, and subsections 102(2), 102(8), 102(10) and 114(3).

30. Section 110.1 of the Act is repealed and the following substituted:

Duties of director

110.1 The director shall, under the direction of the conseil scolaire,

(a) supervise and direct the staff employed by the conseil scolaire;

(b) administer, supervise and evaluate all education programs and services for the operation of schools;

(c) recruit and recommend for appointment employees and, subject to the approval of the conseil scolaire, assign them to positions and duties;

(d) determine in accordance with this Act the school that a student shall attend;

(e) recommend the promotion, transfer and termination of employment of employees of the conseil scolaire;

(f) develop and implement a program of supervision and in-service training for employees of the conseil scolaire;

(g) supervise all schools, property, teachers, and other employees of the conseil scolaire and visit each school as frequently as feasible and at least once in each school year;

(h) determine the programs for primary, elementary and secondary school grades and develop policies for promoting students;

(i) provide leadership in evaluating and improving the education program;

(j) advise the conseil scolaire on planning for the extension, construction, renovation and repair of buildings;

(k) promote a safe and caring learning environment for schools;

(l) assist the conseil scolaire in preparing its annual budget;

(m) facilitate communication between the conseil scolaire and employees;

(n) attend meetings and institutes as required by the minister;

(o) as required by the minister, make annual reports to the conseil scolaire and to the department on the education program;

(p) be, by virtue of the director's position, a non-voting member of all conseil scolaire committees and attend all meetings of the conseil scolaire and the executive committee, except those meetings or parts of meetings during which matters related directly to the employment of the director are to be discussed;

(q) promote cultural identity and French language in conseil scolaire schools; and

(r) perform other duties required by the conseil scolaire and under this Act.

31. The Act is amended by adding immediately after section 110.1 the following:

Suspension by director

110.2 (1) Where the director is of the opinion that the presence of an employee is an immediate threat to the welfare of students or an employee of the conseil scolaire, the director may suspend that employee, with or without pay, from the performance of the employee's duties.

(2) The director shall immediately, in writing, notify the conseil scolaire of a suspension under subsection (1).

(3) Where the conseil scolaire receives a notification under subsection (2), it shall, as soon as is practicable, confirm, vary or revoke the suspension of the employee and shall, where the suspension is confirmed or continued, determine if the suspension shall be with or without pay.

Contracts to be in writing

110.3 The terms and conditions of a contract of employment between the conseil scolaire and an employee shall be in writing and consistent with this Act.

Property held by conseil scolaire

110.4 All property held by the conseil scolaire is considered to be held for the purpose of this Act.

Prohibition

110.5 (1) The conseil scolaire shall not construct or extend a school where the conseil scolaire does not have title to the land upon which that construction or extension will occur.

(2) Notwithstanding subsection (1) and section 51.12, the conseil scolaire may construct or extend a school vested in a denominational authority in accordance with an agreement entered into under section 51.11.

Acquisition of property

110.6 (1) The conseil scolaire may acquire by gift, lease or purchase, real and personal property.

(2) The acquisition of real property referred to in subsection (1) shall first be approved, in writing, by the minister and approved for the intended use by all necessary approving agencies.

32. Section 111 of the Act is repealed and the following substituted:

Applicable sections

111. (1) Section 8 does not apply to a student in a French first language school.

(2) Section 25 and section 26 do not apply to a French first language school.

(3) Section 120 does not apply to the conseil scolaire or a French first language school.

(4) Sections 51.10 to 51.12 and section 51.14 apply, with the necessary changes, to the conseil scolaire and a French first language school.

(5) For the purposes of this Part, a reference in sections 51.10 to 51.12 and section 51.14 to

(a) the department and the Crown shall be considered to include a reference to the conseil scolaire; and

(b) a school shall be considered to include a reference to a French first language school

where to do so would not be inconsistent with this Part.

33. Subsection 112(2) of the Act is amended by deleting the reference "Section 84" and substituting the reference "Section 51.11".

34. (1) Subparagraph 117(b)(ii) of the Act is amended by deleting the words "a board" and substituting the words "the department and the conseil scolaire".

(2) Subparagraph 117(b)(iv) of the Act is amended by deleting the reference "section 84" and substituting the reference "section 51.11".

(3) Subparagraph 117(b)(viii) of the Act is repealed and the following substituted:

(viii) the professional development of

(A) teachers,

(B) employees of the department whose duties pertain to primary, elementary or secondary education, and

(4) Paragraph 117(c) of the Act is amended by deleting the words "a board" and substituting the words "the conseil scolaire".

(5) Paragraph 117(e) of the Act is amended by deleting the words "a board" and substituting the words "the department or the conseil scolaire".

(6) Paragraph 117(f) of the Act is repealed.

(7) Paragraph 117(g) of the Act is amended by deleting the words "a board" and substituting the words "the conseil scolaire".

35. Subsection 118(1) of the Act is repealed and the following substituted:

Lieutenant-Governor in Council regulations

118. (1) The Lieutenant-Governor in Council may make regulations

(a) respecting the establishment, maintenance, operation, organization, administration and delivery of education programs, facilities and services for students;

(b) respecting employment classifications, practices and procedures, and terms and conditions of employment of employees of the conseil scolaire;

(c) respecting the election and appointment of trustees, including the qualifications of persons to vote and to be elected as a trustee;

(d) respecting the holding of religious observances in schools;

(e) prescribing funds to be school generated funds under paragraph 51.13(1)(g);

(f) respecting the administration and maintenance of school generated funds and the purposes for which school generated funds may be used under section 51.13;

(g) defining a word or phrase used in this Act;

(h) respecting a policy on employment equity referred to in paragraph 97(1)(g);

(i) respecting the application and modification of an agreement referred to in subsection 51.11(4) to a person who purchases property from a denominational authority, including the prescription of new or additional terms and conditions;

(j) prescribing terms and conditions applicable to a person who purchases property from a denominational authority in the circumstances described in subsection 51.11(7);

(k) respecting the appointment of members of the provincial advisory council;

(l) prescribing the powers and duties of the provincial advisory council; and

(m) generally to give effect to the purpose of this Act.

36. The Act is amended by adding immediately after section 118 the following:

Ministerial regulations

118.1 The minister may make regulations

(a) respecting the conduct of appeals under paragraph 22(3)(b);

(b) respecting the suspension of students under section 36; and

(c) respecting the appointment of the expulsion review panel, the conduct of investigations and the issuance of orders under subsections 39(2) and (3).

37. The Act is amended by adding immediately after section 119 the following:

Application of Financial Administration Act

119.1 (1) Where, immediately before this section comes into force, an existing business, accounting, banking or other financial management practice of the former school board does not comply with the Financial Administration Act, the Office of the Comptroller General or Treasury Board, in consultation with the Office of the Comptroller General, shall provide direction to the department responsible for that financial management practice with respect to the continuation of that practice in the course of the exercise or performance, or intended exercise or performance, of its powers and duties under this Act.

(2) Where the department referenced in subsection (1) complies with the direction of the Office of the Comptroller General or Treasury Board under subsection (1), the department shall be considered to be compliant with the Financial Administration Act with respect to a business, accounting, banking or other financial management practice referenced in subsection (1).

(3) This section ceases to have effect one year after the date on which this section comes into force.

(4) In this section, "former school board" means the school board of the Newfoundland and Labrador English School District as it existed immediately before the coming into force of this section.

SNL2015 cA-1.2 Amdt.

38. Paragraph (q) of Schedule A of the Access to Information and Protection of Privacy Act, 2015 is repealed and the following substituted:

(q) section 12 and subsection 96.2(2) of the Schools Act, 1997;

SNL2021 cA-1.001 Amdt.

39. Subparagraph 2(1)(o)(x) of the Accessibility Act is repealed and the following substituted:

(x) a conseil scolaire established or continued under the Schools Act, 1997,

SNL2001 cC-14.1 Amdt.

40. The Schedule to the Citizens' Representative Act is amended by deleting the reference "A school board, including the conseil scolaire francophone elected under the Schools Act, 1997" and substituting the reference "The conseil scolaire elected or appointed under the Schools Act, 1997".

RSNL1990 cH-3 Amdt.

41. (1) Subparagraph 2(lll)(ii) of the Highway Traffic Act is repealed and the following substituted:

(ii) owned, operated by or contracted to the Crown or a school board or an agent of the Crown or a school board, and

(2) Subparagraph 2(qqq)(ii) of the Act is repealed and the following substituted:

(ii) another motor vehicle not referred to in subparagraph (i) that only transports children to and from school and school related activities under a contract with the Crown or a school board, or an agent of the Crown or a school board, for that purpose;

(3) Paragraph 77(a.1) of the Act is repealed and the following substituted:

(a.1) the coverage by insurance of motor vehicles which are contracted to the Crown or a school board, or an agent of the Crown or a school board, in the province for the transportation of students to and from school and school related activities;

(4) Subsection 178.1(6) of the Act is repealed and the following substituted:

(6) Notwithstanding subsection (5), the operator of a passenger vehicle designed to carry 6 or fewer passengers in addition to the operator, under a contract with the Crown or a school board, or an agent of the Crown or a school board, to carry children to and from school and school related activities, shall comply with the requirements of subsection (2).

SNL2004 cL-24.1 Amdt.

42. (1) Clauses 2(1)(f)(v)(A) and (B) of the Lobbyist Registration Act are repealed and the following substituted:

(A) a trustee elected or appointed to the conseil scolaire under the Schools Act, 1997,

(B) a director or an assistant director of the conseil scolaire under the Schools Act, 1997,

(2) Paragraph 4(1)(p.2) of the Act is repealed and the following substituted:

(p.2) an officer, a trustee or an employee of the conseil scolaire elected or appointed under the Schools Act, 1997; and

SNL2022 cP-3.02 Amdt.

43. Subparagraph 2(1)(q)(viii) of the Pay Equity and Pay Transparency Act is repealed and the following substituted:

(viii) the conseil scolaire established or continued under the Schools Act, 1997,

RSNL1990 cP-25 Amdt.

44. Subparagraph 2(d)(v) of the Private Training Institutions Act is repealed and the following substituted:

(v) the conseil scolaire under the Schools Act, 1997,

SNL2014 cP-37.2 Amdt.

45. Subparagraph 2(h)(iii) of the Public Interest Disclosure and Whistleblower Protection Act is repealed and the following substituted:

(iii) the conseil scolaire constituted or established under the Schools Act, 1997, and

SNL2016 cP-41.001 Amdt.

46. Subparagraph 2(q)(v) of the Public Procurement Act is repealed and the following substituted:

(v) the conseil scolaire as defined in the Schools Act, 1997,

RSNL1990 cP-43 Amdt.

47. Section 4 of the Public Service Commission Act is amended by adding immediately after subsection (2) the following:

(3) This Act does not apply to the appointment of those employees whose terms of employment are governed by the Provincial Collective Agreement between the Crown, the Newfoundland and Labrador School Boards Association and the Newfoundland and Labrador Teachers’ Association.

RSNL1990 cT-1 Amdt.

48. (1) Subsection 5(3) of the Teacher Training Act is repealed and the following substituted:

(3) For the purpose of subsection (2), a teacher includes a director or an assistant director as defined in the Schools Act, 1997.

(2) Subsection 10(1) of the Act is repealed and the following substituted:

Suspension of certificate or licence

10. (1) The review panel may suspend for one year, or a lesser period specified by it, the certificate or licence of a teacher who,

(a) while required by contract to teach with the department, accepts a position with the conseil scolaire without obtaining a written release from the department;

(b) while required by contract to teach with the conseil scolaire, accepts a position with the department without obtaining a written release from the conseil scolaire;

(c) having contracted to teach with the department or the conseil scolaire, terminates that contract before beginning service as a teacher with the department or the conseil scolaire unless, where special circumstances arise which the department or the conseil scolaire and the teacher agree make it inappropriate for the teacher to fulfil the teacher's contract, the department or the conseil scolaire has given the teacher a written release; or

(d) having contracted to teach with the department or the conseil scolaire terminates that contract without giving to the department or the conseil scolaire the notice required by the collective agreement,

upon notification of the circumstances referred to in paragraph (a), (b), (c) or (d) being given to the minister by

(e) the department referred to in paragraph (a);

(f) the conseil scolaire referred to in paragraph (b); or

(g) the department or the conseil scolaire referred to in paragraph (c) or (d).

(3) Subsection 18(2) of the Act is repealed and the following substituted:

(2) A person who does not hold a certificate or licence required by subsection (1) may, with the permission of the minister on the recommendation of either the department or the conseil scolaire, be engaged, appointed, employed or retained to teach in a school by way of emergency supply for a period which the minister may prescribe.

RSNL1990 cT-2 Amdt.

49. (1) Section 2 of the Teachers' Association Act is amended by adding immediately after paragraph (a) the following:

(a.1) "conseil scolaire" means the conseil scolaire as defined in the Schools Act, 1997;

(a.2) "department" means the department presided over by the minister;

(2) Paragraph 2(f) of the Act is repealed.

(3) Subsection 6(1) of the Act is amended by deleting the words "a school board" and substituting the words "the department, the conseil scolaire".

RSNL1990 cT-3 Amdt.

50. (1) Paragraph 2(1)(e) of the Teachers' Collective Bargaining Act is amended by deleting the words "school boards" and substituting the words "conseil scolaire".

(2) Subsection 2(1) of the Act is amended by adding immediately after paragraph (g) the following:

(g.1) "conseil scolaire" means the conseil scolaire as defined in the Schools Act, 1997;

(g.2) "department" means the department as defined in the Schools Act, 1997;

(g.3) "education committee" means a committee appointed under section 10 to conduct collective bargaining;

(3) Paragraph 2(1)(i) of the Act is repealed and the following substituted:

(i) "lockout" includes the closing of a school, a suspension of work in a school or a refusal by the department or the conseil scolaire to continue to employ a number of teachers, done to compel the teachers to agree to terms or conditions of employment;

(4) Paragraph 2(1)(l) of the Act is repealed.

(5) Paragraph 2(1)(m) of the Act is repealed.

(6) Paragraph 2(1)(o) of the Act is amended by deleting the words "a school board in the province" and substituting the words "the department or the conseil scolaire".

(7) Subsection 4(2) of the Act is repealed and the following substituted:

(2) All teachers shall, whether they are employed by the department or the conseil scolaire, be grouped in the same unit.

(8) Subsection 6(4) of the Act is repealed and the following substituted:

(4) An association, the administration, management or policy of which is, in the opinion of the Labour Relations Board,

(a) influenced by the department, the conseil scolaire or the government of the province so that its fitness to represent teachers for the purposes of collective bargaining is impaired; or

(b) dominated by the department, the conseil scolaire or the government of the province

shall not be certified as a bargaining agent under this Act, nor shall an agreement entered into between the association and the government of the province and the education committee be considered to be a collective agreement for the purposes of this Act.

(9) Section 8 of the Act is amended by deleting the words "school board committee" wherever they appear and substituting the words "education committee".

(10) Section 10 of the Act is repealed and the following substituted:

Education committee

10. (1) For negotiations to be held under this Act, an education committee shall be appointed by the Lieutenant-Governor in Council consisting of 7 persons to be selected in accordance with this section.

(2) The minister shall nominate 3 persons, who shall be employees of the department, to represent the department on the education committee, one of whom shall be representative of regions outside of the Northeast Avalon region of the province.

(3) The conseil scolaire shall nominate one person, who shall be an employee of the conseil scolaire, to represent the conseil scolaire on the education committee.

(4) The nomination of the person referred to in subsection (3) shall be made in writing to the minister by the conseil scolaire.

(5) The minister may accept for appointment the nomination of the person who is nominated under subsection (3).

(6) The President of the Treasury Board shall select a chief negotiator and 2 additional persons to represent the government on the education committee, who shall not be employees of the department, and shall recommend to the Lieutenant-Governor in Council the names of the persons to be appointed to the education committee.

(7) An education committee shall hold office for a period of 2 years from the date of their appointment and persons shall be selected to succeed them at least 30 days before the expiration of their term of office, and persons who have previously served on the education committee may be reappointed to it.

(8) This section shall apply with respect to the nomination or selection and appointment of persons to serve on the education committee in succession to persons previously appointed to it, and the nomination or selection of the persons referred to in subsections (2), (3) and (6) shall be made at least 60 days before the expiration of the term of office of the persons they are to succeed.

(9) Where a member of an education committee refuses to act, dies, resigns or is, because of disability or for another reason, unable to act, a person may be nominated or selected and appointed to succeed the member and this section shall, with the necessary changes, apply in respect of every nomination or selection and appointment.

(10) A majority of the members of the education committee shall constitute a quorum, if it includes at least one member who was selected by the President of the Treasury Board.

(11) Subsection 11(1) of the Act is repealed and the following substituted:

Negotiation

11. (1) The education committee appointed under section 10 shall have the exclusive right to conduct collective bargaining under this Act on behalf of the conseil scolaire and the government.

(12) Subsection 11(2) of the Act is amended by deleting the words "school board committee" wherever they appear and substituting the words "education committee".

(13) Section 12 of the Act is amended by deleting the words "school board committee" wherever they appear and substituting the words "education committee".

(14) Section 13 of the Act is amended by deleting the words "school board committee" and substituting the words "education committee".

(15) Section 14 of the Act is amended by deleting the words "school board committee" wherever they appear and substituting the words "education committee".

(16) Subsection 19(1) of the Act is amended by deleting the words "school board committee" and substituting the words "education committee".

(17) Subsection 19(2) of the Act is repealed and the following substituted:

(2) Within 20 days after the receipt of a copy of the provisional agreement, the department, the conseil scolaire and the appropriate certified or designated bargaining agent shall notify the President of the Treasury Board in writing whether or not it accepts the provisional agreement.

(18) Section 20 of the Act is repealed and the following substituted:

Execution of collective agreement

20. Where the provisional agreement is accepted by the department, the conseil scolaire and the appropriate certified or designated bargaining agent, it may be executed and delivered on behalf of the government by the President of the Treasury Board and the Minister of Education, on behalf of the conseil scolaire by the representatives of the conseil scolaire authorized to do so, and on behalf of the teachers by the persons that the appropriate bargaining agent may designate for that purpose.

(19) Section 22 of the Act is amended by deleting the words "school board committee" wherever they appear and substituting the words "education committee".

(20) Section 28 of the Act is repealed and the following substituted:

Provisions binding on department and conseil scolaire

28. Provisions of a collective agreement or of a decision or award of a board of arbitrators made under this Act which relate either directly or indirectly to the expenditure of public funds of the province provided for education are binding on the department and the conseil scolaire, whether or not the department or the conseil scolaire was represented on the education committee or is a party to the collective agreement or the appropriate arbitration.

(21) Section 29 of the Act is repealed and the following substituted:

Provision not binding on department and conseil scolaire

29. A provision of a collective agreement or of a decision or award of a board of arbitrators made under this Act which is not a provision referred to in section 28 shall not be binding on the department or the conseil scolaire where the department or the conseil scolaire was not a party to that collective agreement or the appropriate arbitration.

(22) Subsection 31(1) of the Act is amended by

(a) deleting the words "school board committee" and substituting the words "education committee"; and

(b) deleting the words "a school board" and substituting the words "the conseil scolaire".

(23) Subsection 31(2) of the Act is amended by deleting the words "a school board" and substituting the words "the conseil scolaire".

(24) Subsection 31(3) of the Act is amended by deleting the words "school board committee" and substituting the words "education committee".

(25) Subsection 31(4) of the Act is amended by deleting the words "A school board" and substituting the words "The conseil scolaire".

(26) Section 38 of the Act is repealed and the following substituted:

Penalty

38. The department, the conseil scolaire, an association, a bargaining agent or a person who is guilty of an offence under this Act is liable upon summary conviction,

(a) if a natural person, to a fine not exceeding $200; or

(b) in other cases, to a fine not exceeding $1,000.

(27) Subsection 39(1) of the Act is repealed and the following substituted:

Prosecution

39. (1) A prosecution for an offence under this Act may be brought against the department, the conseil scolaire, an association or a bargaining agent in the name of the department, the conseil scolaire, association or bargaining agent, and for the purposes of the prosecution the department, conseil scolaire, association or bargaining agent shall be considered to be a person, and an act or thing done or omitted by an officer or agent of the department, conseil scolaire, association or bargaining agent within the scope of the officer's or agent's authority to act on behalf of the department, conseil scolaire, association or bargaining agent shall be considered to be an act or thing done or omitted by the department, conseil scolaire, association or bargaining agent.

SNL2018 cT-4.01 Amdt.

51. Paragraph 2(w) of the Teachers' Pensions Act, 2018 is amended by adding immediately after subparagraph (ii) the following:

(ii.1) a person who holds a valid and subsisting certificate, grade or licence not lower than the emergency supply licence issued under the Teacher Training Act and who is appointed or employed by the Department of Education in a position that requires the person to hold a valid and subsisting certificate, grade or licence not lower than the emergency supply licence issued under the Teacher Training Act;

(ii.2) a person who holds a valid and subsisting certificate, grade or licence not lower than the emergency supply licence issued under the Teacher Training Act and who is appointed or employed by the Department of Education in the position of deputy minister, associate deputy minister or assistant deputy minister, where that person is a member of the pension plan at the time of their appointment.

SNL2004 cT-8.1 Amdt.

52. Subparagraph 2(l)(iii) of the Transparency and Accountability Act is repealed and the following substituted:

(iii) the conseil scolaire as defined in the Schools Act, 1997,

CNLR 999/96 Amdt.

53. Paragraph 2(j) of the Ambulance, Bus, School Bus, Taxi and Commercial Motor Vehicles Insurance Regulations under the Highway Traffic Act is repealed and the following substituted:

(j) "school contract vehicle" means a passenger vehicle, designed to carry 6 or fewer passengers in addition to the driver, under a contract with the Crown or a school board, or an agent of the Crown or a school board, to carry children to and from school and school related activities.

CNLR 1000/96 Amdt.

54. (1) Paragraph 2(b) of the Bus Regulations under the Highway Traffic Act is repealed and the following substituted:

(b) "school purpose vehicle" means a vehicle owned or operated or contracted to the Crown or a school board, or an agent of the Crown or a school board, for the occasional transportation of children to and from extra curricular school related activities but does not include a motor vehicle designed to carry less than 7 passengers in addition to the driver; and

(2) Subsection 11(6) of the regulations is repealed and the following substituted:

(6) Passengers other than

(a) school teachers;

(b) employees or agents of a school board or the Department of Education while acting in the course of their employment;

(c) employees or agents of the Department of Transportation and Infrastructure while acting in the course of their employment; or

(d) members of a school board while acting in the course of their duties on behalf of the board

may not be carried in a school bus while children are being carried in that bus to or from school or school activity.

CNLR 969/96 Amdt.

55. Section 3.1 of the Consolidated Orders under the Public Service Collective Bargaining Act is repealed and the following substituted:

3.1 The conseil scolaire constituted under the Schools Act, 1997 is designated as employing employees within the meaning of the Public Service Collective Bargaining Act.

NLR 110/98 Amdt.

56. Subparagraph 3(2)(d)(ii) of the Highway Traffic Driver Regulations, 1999 under the Highway Traffic Act is repealed and the following substituted:

(ii) passenger vehicles designed to carry 6 or fewer passengers in addition to the driver, under a contract with the Crown or a school board, or an agent of the Crown or a school board, to carry school children to and from school and school related activities

CNLR 1002/96 Amdt.

57. Paragraph 2(o.1) of the Official Inspection Station Regulations under the Highway Traffic Act is repealed and the following substituted:

(o.1) "school contract vehicle" means a passenger vehicle, designed to carry 6 or fewer passengers in addition to the driver, under a contract with the Crown or a school board, or an agent of the Crown or a school board, to carry children to and from school and school related activities;

CNLR 1133/96 Amdt.

58. Section 2 of the Teacher Certification Appeals Regulations under the Teacher Training Act is repealed and the following substituted:

Definitions

2. In these regulations,

(a) "aggrieved party" means an aggrieved teacher, the department or the conseil scolaire, and includes an authorized representative of the teacher, the department or the conseil scolaire;

(b) "conseil scolaire" means the conseil scolaire as defined in the Schools Act, 1997; and

CNLR 1134/96 Amdt.

59. Paragraph 2(1)(q) of the Teacher Certification Regulations under the Teacher Training Act is amended by deleting the words "section 79" and substituting the words "section 51.7".

NLR 93/13 Rep.

60. The Boundaries of School Districts Order, 2013, Newfoundland and Labrador Regulation 93/13, is repealed.

NLR 95/13 Rep.

61. The School Boards Dissolution Order, 2013, Newfoundland and Labrador Regulation 95/13, is repealed.

NLR 96/13 Rep.

62. The School Boards' Offices Regulations, 2013, Newfoundland and Labrador Regulation 96/13, is repealed.

Commencement

63. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.