38

 

 

First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 38

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE DALE KIRBY

Minister of Education and Early Childhood Development

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Schools Act, 1997 to

·        remove the requirement to indirectly elect the trustees of the conseil scolaire;

·         require the elections to the conseil scolaire to proceed in the same manner as a school board; and

·     align the process of replacing trustees of the conseil scolaire and the requirements for zones with the process and requirements of a school board.

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Analysis


        1.   S.60 Amdt.
Board to adopt constitution

        2.   S.95 Amdt.
Composition of conseil scolaire

        3.   Ss.95.1 & 95.2 Added
95.1
 Zones
95.2
 Vacancy

        4.   S.96 R&S
Replacement of trustees

        5.   S.98 Amdt.
Powers of conseil scolaire

        6.   S.102 Amdt.
Conseil d'ecole - voting members

        7.   S.118 Amdt.
Regulations

        8.   Commencement


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

SNL1997 cS-12.2
as amended

        1. Paragraph 60(2)(c) of the Schools Act, 1997 is repealed and the following substituted:

             (c)  a description of the zones established under sections 54 and 95.1;

 

        2. (1) Subsection 95(1) of the Act is repealed and the following substituted:

Composition of conseil scolaire

      95. (1) The conseil scolaire shall be elected in the same manner and at the same time as board elections are held under section 53 or at the time the minister directs on the recommendation of the conseil scolaire.

             (2)  Subsection 95(3) of the Act is repealed and the following substituted:

             (3)  The number of trustees to be elected, not exceeding 12, shall be set and may be changed by order of the minister on the recommendation of the conseil scolaire.

             (3)  Subsection 95(5) of the Act is repealed.

 

        3. The Act is amended by adding immediately after section 95 the following:

Zones

   95.1 For the purpose of ensuring that all parts of the province are represented by trustees, the conseil scolaire shall divide the province into 2 or more zones and shall define the boundaries of those zones.

Vacancy

   95.2 Where a vacancy of a trustee position exists or where a trustee no longer resides in the zone for which he or she was elected, or the trustee absents himself or herself from 3 consecutive meetings of the conseil scolaire without good reason the conseil scolaire shall inform the minister who shall declare that position vacant.

 

        4. Section 96 of the Act is repealed and the following substituted:

Replacement of trustees

      96. (1) Where

             (a)  all the trustees of the conseil scolaire are dismissed;

             (b)  a trustee position is vacant; or

             (c)  the conseil scolaire does not have a sufficient number of trustees for a quorum,

the Lieutenant-Governor in Council shall

             (d)  appoint the conseil scolaire or a trustee; or

             (e)  order that there be an election of the conseil scolaire or of a trustee.

             (2)  Section 95 applies, with the necessary changes, to the appointment or election of the conseil scolaire or of a trustee under this section.

 

        5. Subsection 98(2) of the Act is repealed and the following substituted:

             (2)  The conseil scolaire may, subject to the approval of the minister, establish procedures for and conduct elections to the conseils d'ecole.

 

        6. Subsection 102(10) of the Act is repealed and the following substituted:

          (10)  The election of members to a conseil d'ecole shall be held at the same time as elections of the conseil scolaire are held under section 95 or at the time the minister directs on the recommendation of the conseil scolaire and the term of office of a member elected to a conseil d'ecole shall be the same as that of a trustee.

 

        7. Paragraph 118(1)(c) of the Act is repealed and the following substituted:

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

Commencement

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