NEWFOUNDLAND REGULATION 12/97

Designation of Schools Regulations
under the
Schools Act, 1996
(O.C. 97‑023)

(Filed February 4, 1997)

Under the authority of section 106 of the Schools Act, 1996, the Lieutenant‑Governor in Council makes the following regulations.

Dated at St. John's, February 4, 1997.

A. Faour
Deputy Clerk of the Executive Council

REGULATIONS

Analysis

        1.   Short title

        2.   Definition

        3.   Registration process

        4.   Use of form

        5.   Non‑return of form

        6.   Where preference unclear

        7.   Multiple forms

        8.   Deadline for forms

        9.   Report to minister

      10.   Application of regulations

      11.   Commencement

Short title

        1. These regulations may be cited as the Designation of Schools Regulations.

Definition

        2. In these regulations "school" means public school as defined in paragraph 2(o) of the Schools Act, 1996.

Registration process

        3. (1) A board shall conduct a registration process to ascertain the preference of the parent of each student registered to attend school as of September 1, 1997 in the board's district to have that student attend an interdenominational school or a uni‑denominational school.

             (2)  Where the preference of the parent of a student is to have that student attend a uni‑denominational school, the board shall ascertain which type of uni‑denominational school the parent prefers based on the classes of persons having rights under Term 17.

Use of form

        4. (1) The board shall ascertain the preference of a parent under section 3 using the form approved by the minister.

             (2)  Subject to section 7, a form having the signature of one parent shall be a valid indication of the preference to be recorded by the board for that student.

Non‑return of form

        5. Where no form is delivered to the board for a student, the board shall record that the preference of the parent of that student is to have that student attend an interdenominational school.

Where preference unclear

        6. (1) Where

             (a)  a form is completed such that the board cannot ascertain whether the preference of the parent is for an interdenominational school or a uni‑denominational school;

             (b)  the preference for a uni‑denominational school is clear on the form but the board cannot ascertain the type of uni‑denominational school preferred; or

             (c)  the form is not signed by a parent or the information on the form is ambiguous,

the board shall make every reasonable effort to contact the parent to determine with certainty the preference of the parent.

             (2)  The person who contacts the parent under subsection (1) shall record the preference of the parent in writing on the form, and shall sign and date that record.

             (3)  If the board is unable to ascertain the preference of the parent under subsection (1), the board shall record that the preference of the parent of that student is to have that student attend an interdenominational school.

Multiple forms

        7. (1) Where more than one form is delivered to the board for a student, the board shall

             (a)  make every reasonable effort to advise a person who delivered a form of the name of the other person who delivered a form for that student; and

             (b)  advise each person that, in the absence of compliance with subsection (2), the board shall record that the preference of the parent of that student is to have that student attend an interdenominational school.

             (2)  Where more than one form is delivered to the board for a student,

             (a)  the persons who submitted a form for that student shall agree upon a preference to be recorded by the board for that student and, in a manner acceptable to the board, shall advise the board of that agreement; or

             (b)  a person who delivered a form for that student shall deliver to the board evidence satisfactory to the board establishing the right of that person, to the exclusion of any other person, to state a preference under section 3 for that student.

Deadline for forms

        8. The board may refuse to accept a form delivered to it, or to record a preference under section 6 or 7, after March 10, 1997.

Report to minister

        9. The board shall, in a form approved by the minister and at a date that the minister may determine, submit to the minister a report of the results of the registration process.

Application of regulations

     10. These regulations apply only to the determination of the preference of parents for the purpose of designating schools under section 82 of the Act for September 1, 1997.

Commencement

     11. These regulations are considered to have come into effect on January 3, 1997.

©Earl G. Tucker, Queen's Printer