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Copyright 2004: Queen’s Printer,
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Statutes of Newfoundland and Labrador 2004


CHAPTER 25

AN ACT TO AMEND THE SCHOOLS ACT, 1997

(Assented to June 8, 2004)

Analysis

1. S.57 R&S
Dissolution of boards

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 Section 57 of the Schools Act, 1997 is repealed and the following substituted:

Dissolution of boards

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

(2) Where a board is dissolved under subsection (1) and there is no successor board, all debts and liabilities of the board shall be paid and discharged before that dissolution.

(3) Where a board is dissolved under this section and there is no successor board and all debts and liabilities of the dissolved board are paid and discharged, surplus funds and real and personal property vested in or used by that board shall, subject to an agreement referred to in section 84, vest in the Crown.

(4) Where a board is dissolved under this section and there is no successor board and there is a dispute as to the disposition of property vested in or used by the dissolved board, the minister may, subject to an agreement referred to in section 84, direct the disposition or dispose of the property.

(5) Where a board is dissolved under subsection (1) and there is a successor board, the successor board is the successor in law of the dissolved board and

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

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

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

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

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

(b) substitution for the dissolved school board 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.

 

 

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