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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER D-9

AN ACT RESPECTING THE DEPARTMENT OF EDUCATION

Analysis

1. Short title

2. Definitions

3. Construction

4. Department constituted

5. Staff

6. Seal

7. Powers and duties of minister

8. Agreements with governments

9. Agreements generally

10. Agreements amended

11. Agreements made by minister

12. Implementation of agreements

13. Other departments

14. Consultation and conferences

15. Denominational education councils

16. Duties of councils

17. Powers of education councils

18. Money borrowed

19. Authorization to borrow

20. Denominational policy commission

21. Officers of commission

22. Commission's functions

23. Recommendations of commission

24. General advisory committee

25. Appointments, etc.

26. Presiding officers at meetings

27. Proposed legislation

28. Religious education

29. Boards, committees, etc.

30. Advisory committees

31. Minister's power over boards

32. Regulations

33. Documents

34. Accounts

35. Security

36. Actions

37. Certified copies of documents

38. Property

39. Payments

40. Offences

41. Consent to prosecution

42. Certain rights to pension

43. Further rights to pension

Schedule


Short title

1. This Act may be cited as the Department of Education Act.

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Definitions

2. In this Act

(a) "commission" means the Denominational Policy Commission referred to in section 20;

(b) "denominational college" means college as defined by the Schools Act;

(c) "department" means the Department of Education constituted by this Act;

(d) "deputy minister" means the Deputy Minister of Education appointed under this Act;

(e) "education council" means a denominational education council referred to in section 15;

(f) "executive director" means an executive director of an education council;

(g) "general advisory committee" means the general advisory committee referred to in section 24; and

(h) "minister" means the Minister of Education referred to in section 4.

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Construction

3. This Act and the regulations shall be construed and interpreted so as to ensure that no provision of this Act and the regulations shall prejudicially affect a right or privilege with respect to denominational schools or denominational colleges that a class of persons had, either by law in the province at the date of union of Newfoundland with Canada or acquired by law after that date, and to ensure that out of public funds of the province provided for education

(a) all those schools shall receive their share of funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and

(b) all those denominational colleges shall receive their share of grants voted for all denominational colleges then being conducted under authority of the Legislature, those grants being distributed on a non-discriminatory basis.

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Department constituted

4. (1) There shall be a department of government called the Department of Education over which the Minister of Education appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister has the management and direction of the department and holds office during pleasure.

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Staff

5. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Education.

(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.

(3) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.

(4) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

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Seal

6. (1) The department shall have an official seal that shall be officially and judicially noticed.

(2) Where the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 5(4), has the powers of the deputy minister.

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Powers and duties of minister

7. The powers, functions and duties of the minister extend to and include

(a) the supervision, control and direction of all matters relating to education generally, including all matters relating to

(i) subject to the Community Colleges Act, community colleges established under that Act,

(ii) subject to the Provincial Institutes Act, institutes established under that Act,

(iii) subject to the Memorial University Act, the Memorial University of Newfoundland,

(iv) the private training institutions and trade schools registered under the Private Training Institutions Act,

(v) the payment of financial assistance for students attending post-secondary education institutions under the Student Allowances Act,

(vi) the payment of scholarships and awards for students attending post-secondary education institutions,

(vii) the training, examination, classification, grading and pensioning of teachers and the receiving of recommendations made under paragraph 16(b),

(viii) public examinations,

(ix) denominational colleges, schools and all educational institutions receiving financial aid directly or indirectly from the province,

(x) the furnishing to denominational colleges and schools, at or below cost, of

(A) textbooks, including religious text books, and

(B) learning resource materials approved by the minister,

(xi) the ensuring of the progress of schools and of educational and training institutions in the province,

(xii) the supervision and inspection of denominational colleges, schools and all post-secondary and training institutions,

(xiii) training and certification of apprentices,

(xiv) qualifications of workers or apprentices,

(xv) in consultation with the Minister of Employment and Labour Relations

(A) the development and utilization of human resources,

(B) the forecasting of work place needs,

(C) the continuous survey of employment opportunities throughout the province to the end that the provincial labour force is employed to the fullest extent, and

(D) recommending and advising upon training courses for the work force and those entering it, and

(xvi) the administration, subject to the Public Service Rearrangements and Transfers of Duties Act, of the Acts set out in the Schedule and of all orders and regulations passed or made under those Acts and of those other Acts, orders and regulations that are designated by the Lieutenant-Governor in Council,

which are not, or in so far as they are not, by law or by order of the Lieutenant-Governor in Council, assigned to another minister or department of government;

(b) the responsibility for early childhood education in co-operation and liaison with other departments of government;

(c) liaison and co-operation with

(i) the Government of Canada or a department, agency or body under the jurisdiction of that government,

(ii) the government of a province or a department, agency or body under the jurisdiction of the government of a province or under the jurisdiction of the government of this province,

(iii) a corporation or other body or person

that may be necessary or desirable for carrying out the purpose of this Act;

(d) the undertaking, promotion or recommendation of measures for the development, control and direction of matters referred to in paragraphs (a) and (b);

(e) the collection, compilation, analyzing and recording of statistical and other information relating to matters referred to in paragraphs (a) and (b);

(f) the preparation and publication of statistics, reports, records, bulletins, pamphlets, circulars and other means of disseminating information and advice in relation to matters referred to in paragraphs (a) and (b);

(g) the study of, reporting on and advising upon the system and administration of matters referred to in paragraphs (a) and (b);

(h) the fostering, through scientific investigation and technology, of knowledge of primary, elementary, secondary and post-secondary education matters and of the means of dealing with conditions relating to the development, control and direction of education matters;

(i) the consideration of and reporting upon a recommendation for a change in the laws of the province relating to matters referred to in paragraphs (a) and (b) that is presented or made by an organization or person;

(j) the making of inquiries into and reports upon legislation respecting matters referred to in paragraphs (a) and (b) in force in Canada and throughout the world and, on the basis of those inquiries and reports, making those recommendations that may be considered advisable with regard to the laws of the province;

(k) the doing of other things or the exercise of other powers that are necessary or desirable for carrying out the purpose of this Act; and

(l) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council assigns to the minister.

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Agreements with governments

8. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or the government of a province providing for

(a) the joint undertaking by the government of the province or an agency of the province with those governments, or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) The minister may, for the purpose of this Act and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or a province of Canada, programs of research, analysis and investigation, and may co-ordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

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Agreements generally

9. Subject to the approval of the Lieutenant-Governor in Council, the minister may

(a) enter into an agreement for promoting the objects of this Act, including agreements with universities, educational institutions, the municipal authority exercising jurisdiction in a municipal area and agreements with another person; and

(b) enter into an agreement for which no specific provision is made elsewhere in this Act which the minister considers necessary or desirable for the purpose of exercising or discharging the minister's powers, duties or functions.

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Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

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Agreements made by minister

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, the Lieutenant-Governor in Council may approve terms, conditions and monetary limits subject to which the minister may, without prior approval of the Lieutenant-Governor in Council, enter into agreements under section 8 or 9.

(2) Subject to the terms, conditions and monetary limits approved by the Lieutenant-Governor in Council under subsection (1), the minister may enter into an agreement without the approval of the Lieutenant-Governor in Council.

(3) Where the minister enters into an agreement under subsection (2), the minister may enter into an amending agreement, subject to those same terms, conditions and limits.

(4) Notwithstanding subsection (3), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

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Implementation of agreements

12. The minister may implement an agreement made under this Act.

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Other departments

13. In carrying out a project or research program under this Act or under an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.

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Consultation and conferences

14. In exercising the minister's powers or carrying out the minister's duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that the minister considers advisable.

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Denominational education councils

15. (1) A religious denomination for which there existed, immediately before January 21, 1969, legislative provision for a superintendent of education in the department as the department existed immediately before January 21, 1969, shall

(a) alone; or

(b) jointly with 1 or more or all of the remaining religious denominations

establish a denominational education council outside the department for the purpose of representing, and of being recognized by the province as representing, the religious denomination or denominations for which it is established in carrying out its powers, functions and duties under this Act and another Act in which reference is made to that education council.

(2) An education council shall appoint as an employee of the education council an executive director to act as the official channel of communication between the education council and the minister and the department, and the executive director shall

(a) be a member of the education council; and

(b) be a person acceptable to the minister and be paid a salary of which the minister may approve.

(3) The minister shall from money provided by the Legislature make to an education council an adequate annual grant, based on a non-discriminatory formula, for the purpose of paying the salary of the executive director and of remunerating other necessary employees of the education council and meeting administrative expenses of the education council.

(4) An education council shall, subject to an Act of the Legislature prescribing powers, duties or functions of those persons, prescribe and assign the duties and functions of its executive director and its other employees and notify the minister as to what duties and functions have been prescribed and assigned.

(5) Before establishing an education council under subsection (1), the religious denomination or denominations concerned shall furnish the minister with a copy of a proposed constitution, regulations, by-laws and rules prepared for the proposed education council.

(6) Upon the establishment of an education council, the education council shall furnish the minister with a copy of a constitution, regulations, by-laws and rules of the education council then in existence.

(7) As often as a constitution, regulations, by-laws or rules of an education council are amended or made, the education council shall furnish the minister with a copy of the constitution, regulations, by-laws or rules as amended or made.

(8) The financial year of the education council shall correspond with the financial year of the province.

(9) An education council shall, not later than September 30 in each year, prepare and submit to the minister a financial statement, in a form prescribed by the minister, setting out the assets and liabilities of the education council and the receipts and expenditures of the education council for the previous financial year, together with a report concerning the work of the education council during the previous financial year.

(10) Nothing in this section shall prevent an education council from

(a) according representation on it to; or

(b) permitting observers at its meetings from

religious denominations not referred to in subsection (1), and where representation is accorded to a religious denomination under paragraph (a), the education council may, unless the religious denomination otherwise directs, represent that religious denomination as if it were one of the religious denominations for which it is established under subsection (1).

(11) An education council is a corporation.

(12) A member of the House of Assembly or an employee of the department shall not be a member of an education council.

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Duties of councils

16. An education council shall

(a) with respect to the religious denomination or religious denominations represented by it, have responsibility

(i) for making recommendations to the Lieutenant-Governor in Council concerning

(A) the establishment and alteration of boundaries of school districts,

(B) the selection and appointment of members of school boards, and

(C) the dissolution of school boards

under the Schools Act,

(ii) for making recommendations to the Lieutenant-Governor in Council for the purposes of section 3 of the Teacher Training Act, and

(iii) for the development and administration of religious education; and

(b) have responsibility for making recommendations to the minister concerning the selection, training and initial certification of teachers.

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Powers of education councils

17. (1) Without limitation of its general powers as a corporation, an education council may

(a) receive lands, buildings, money or other property, by way of gift or trust for public uses or for the use of the education council;

(b) borrow, by way of temporary, interim or long term loans, or raise, or secure the payment of money in a manner that the education council thinks fit and, in particular by the issue of bonds, debentures or other securities and repay the borrowings and purchase, redeem or pay off those securities;

(c) pay interest, premium and sinking fund payments in respect of its borrowings;

(d) draw, make, accept, endorse, execute and issue promissory notes, bills of exchange and other negotiable or transferable instruments; and

(e) generally do all things that the education council considers necessary, convenient or advisable for or incidental to the exercise of the powers, functions and duties of the education council under this Act, the Schools Act or another Act.

(2) Without limitation of paragraph (1)(b), an education council may borrow, raise or secure the payment of money for payment over to school boards represented by that education council to meet obligations or commitments or portions of obligations or commitments of those school boards incurred or made before or after June 2, 1971,

(a) in the purchase of land or buildings for; or

(b) in the erection, extension or equipping of

public schools, but only where that education council is of the opinion that funds, from the province, the school boards concerned or other sources, will be forthcoming to enable it to repay those borrowings according to the terms and conditions applicable.

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Money borrowed

18. The money authorized to be borrowed under section 17 may be borrowed and repaid in Canadian or United States of America currency, or in the currency of another country or partly in one currency and partly in another, as the education council may approve, and authority for borrowing or repaying that money includes authority to pay those exchange charges that may be applicable to that currency and the interest and premium incurred in respect of the borrowing and to make sinking fund payments in respect of the borrowing.

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Authorization to borrow

19. Notwithstanding section 17, an education council shall not borrow money unless authorized by the Lieutenant-Governor in Council to do so.

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Denominational policy commission

20. There shall be a denominational policy commission consisting of the minister, the deputy minister, the executive directors and 1 or more members of the senior executive officers of the department.

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Officers of commission

21. (1) The minister shall be chairperson and the deputy minister shall be vice-chairperson of the commission.

(2) Where both the chairperson and the vice-chairperson of the commission are absent, there shall be no meeting of the commission.

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Commission's functions

22. The commission shall, subject however to the minister, be responsible for advising the Lieutenant-Governor in Council on all educational policy that affects a right or privilege referred to in section 3 of a religious denomination or religious denominations represented on the commission by an executive director, including educational policy with regard to a right in respect of curriculum and textbooks and with regard to a right in respect of teacher selection and training, but shall not concern itself with general educational policy, administrative or academic, which does not affect a right or privilege.

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Recommendations of commission

23. (1) Where the members of the commission are unanimous with respect to a recommendation to be made to the Lieutenant-Governor in Council, the recommendation shall be made to the Lieutenant-Governor in Council by the commission.

(2) Where the members of the commission are not unanimous concerning a recommendation considered by them, each education council shall, either alone, or jointly with another education council or other education councils, make a written report to the Lieutenant-Governor in Council through the minister.

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General advisory committee

24. (1) There shall be a general advisory committee, which shall consist of

(a) the minister;

(b) the deputy minister;

(c) 1 or more senior executive officers of the department;

(d) the heads of the appropriate divisions of the department as selected by the minister;

(e) the executive directors;

(f) 2 persons who shall be representative of the Newfoundland and Labrador School Trustees Association;

(g) 2 persons who shall be representative of the Newfoundland Teachers' Association referred to in the Teachers' Association Act;

(h) 1 person who shall be representative of the Faculty of Education of the Memorial University of Newfoundland;

(i) 1 person who shall be representative of the Newfoundland and Labrador Home and School Federation; and

(j) 1 person who shall be representative of the Newfoundland and Labrador Association of Superintendents.

(2) The general advisory committee shall, subject however to the minister, be responsible for making recommendations to the Lieutenant-Governor in Council on existing educational policy relating to early childhood, primary, elementary and secondary education and to recommend to the Lieutenant-Governor in Council the initiation of a new policy, but where that new policy affects a right or privilege referred to in section 3, the general advisory committee shall refer the matter to the commission for its advice on the policy.

(3) In the absence of an executive director, a representative appointed for the purpose by the appropriate education council may serve on the general advisory committee in the place of that executive director and has and may exercise, during his or her absence, the powers and carry out the duties of that executive director with respect to the general advisory committee.

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Appointments, etc.

25. (1) The minister shall be the chairperson and the deputy minister shall be vice-chairperson of the general advisory committee.

(2) Members of the general advisory committee appointed under section 24 shall hold office during pleasure and may be paid those allowances or remuneration and expenses that the Lieutenant-Governor in Council may authorize.

(3) The Lieutenant-Governor in Council may appoint, provided the alternate member meets with the same requirements of subsection 24(1) that are applicable in respect of a member of the general advisory committee appointed under paragraph 24(1)(f), (g), (h), (i) or (j), in this section referred to as a "regular member", an alternate member for a regular member appointed under those paragraphs.

(4) An alternate member may, during the absence from a meeting of the general advisory committee of the regular member for whom the member is the alternate member, but only during that absence, exercise the powers and carry out the duties of the regular member while the regular member continues to be a member of the general advisory committee.

(5) An alternate member appointed under this section shall hold office during pleasure.

(6) An alternate member automatically ceases to be an alternate member at the same time as the regular member for whom the member is the alternate member ceases to hold office.

(7) While acting as an alternate member under this section, a person shall be paid

(a) a proportion of the allowance or remuneration authorized in respect of a regular member under subsection (2) calculated on the period of time during which the alternate member carries out the duties of the regular member in relation to the period of time during which the regular member carries out his or her duties, and that allowance or remuneration paid the alternate member shall be deducted from the amount which would otherwise be payable to a regular member who carries out the member's full duties without the intervention of the alternate member; and

(b) the same expenses that may be authorized under subsection (2) in respect of the regular member for whom the member is the alternate member.

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Presiding officers at meetings

26. (1) The chairperson or, in the absence of the chairperson, the vice-chairperson shall preside at all meetings of the commission or the general advisory committee and the chairperson's decision on all points of order is final.

(2) Where both the chairperson and the vice-chairperson are absent from a meeting of the commission or the general advisory committee, the other members of the committee present shall appoint a temporary chairperson who has and may exercise the powers and shall carry out the duties of the chairperson at the meeting.

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Proposed legislation

27. (1) The minister shall, before introducing, or advising the Lieutenant-Governor in Council to introduce, new policy requiring an Act or an amendment to an Act respecting education matters or requiring regulations or amendments to regulations made under an Act, furnish all executive directors with draft copies of the proposed Act, regulations or amendments.

(2) Nothing contained in subsection (1) or in section 22 or 23 shall be considered to bind the minister or the province to adopt a recommendation, proposal or advice referred to in section 22 or 23.

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Religious education

28. (1) Nothing contained in this Act shall be considered to derogate from the functions and responsibility of a religious denomination referred to in subsection 15(1) with regard to the provision of religious education, and those functions and responsibility may be reposed by the religious denomination in an education council established under that subsection.

(2) A religious denomination referred to in subsection 15(1) may, subject to an Act of the Legislature, repose in an education council established under subsection 15(1) full or partial responsibility for the development and administration of religious education as it affects the school boards, schools, boards of directors, denominational colleges and teachers of, or in which there is an interest of, the religious denomination and as that education pertains to members of the religious denomination, and the reposing of responsibility shall have effect.

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Boards, committees, etc.

29. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in carrying out this Act and appoint the members of those boards, committees and councils.

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Advisory committees

30. In order to carry out the purposes and provisions of this Act the minister may establish advisory committees and appoint the members of those committees, and the members of those committees are entitled to be paid reasonable travelling and living expenses from and to their ordinary places of residence in the course of their duties.

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Minister's power over boards

31. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown that the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

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Regulations

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

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) providing for the management, maintenance, proper use and protection of real or personal property, of which the minister has the management and control; and

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

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for failing to comply with or otherwise contravening those regulations.

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Documents

33. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or of the minister unless it is signed by the minister or the deputy minister or 1 of the persons designated under subsection 5(4) to exercise the powers and perform the duties of the deputy minister in the circumstances specified.

(2) Subsection (1) does not apply to transactions in the ordinary course of administering the affairs of the department under this Act.

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Accounts

34. The minister, the deputy minister or an officer named by the minister under subsection 5(4) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 5(4).

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Security

35. The minister, the deputy minister or an officer named by the minister under subsection 5(4) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

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Actions

36. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.

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Certified copies of documents

37. A copy of a map, plan or other document in the custody of the department, certified by the deputy minister to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

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Property

38. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate,

property of which the minister has the management and control.

(3) All money received by the minister in exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

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Payments

39. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

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Offences

40. (1) A person who fails to comply with or otherwise contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a 1st conviction to a fine not exceeding $500 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a 2nd or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions which are not 2nd or subsequent convictions are considered convictions.

(3) Every continuance for a day or part of a day of the failure to comply or other contravention referred to in subsection (1) constitutes a separate offence.

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Consent to prosecution

41. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

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Certain rights to pension

42. (1) In this section

(a) "pensions Act" means the Public Service Pensions Act;

(b) "pension plan" means the pension plan established by the pensions Act; and

(c) "superintendent" means a superintendent of education referred to in section 15 and includes an assistant to that superintendent.

(2) The provisions of the pensions Act are, with the necessary changes, considered to apply and to have applied from the date of the commencement of the pensions Act to those executive directors who, immediately before their appointment as executive directors, were superintendents, as if they were at all material times both "employees" and "established civil servants" within the meaning of that Act.

(3) For the purpose of this Act, it is declared that the pensions Act came into force on April 1, 1967.

(4) The service of executive directors who immediately before their appointment as executive directors were superintendents, as

(a) established civil servants before their appointment as executive directors; and

(b) executive directors

shall, for the purposes of the pension plan, be considered as service both as "employees" and "established civil servants" within the meaning of the pensions Act.

(5) Service of executive directors, who immediately before their appointment as executive directors were superintendents, on and after the date of the coming into force of the pensions Act shall not be considered as service both as "employees" and "established civil servants" for the purposes of subsection (4) unless

(a) deductions have been made and are from now on made from their salaries equal to the amounts and in the manner set out in the pensions Act for and in respect of their service, as referred to in subsection (4), done on or after April 1, 1967;

(b) the deductions referred to in paragraph (a) have been and are from now on paid in the manner and for the purposes set forth in the pensions Act; and

(c) payments are made, with respect to the pension plan, equal to the amounts deducted from the salaries of the executive directors under paragraph (a) and paid in accordance with subsection (7).

(6) An education council, which has an executive director who, immediately before the appointment of the executive director, was a superintendent, is authorized and empowered to, and shall, make the deductions referred to in paragraph (5)(a) and pay them over according to paragraph (5)(b).

(7) An education council described in subsection (6) is authorized and empowered to, and shall, make all payments referred to in paragraph (5)(c) into the Consolidated Revenue Fund for the purposes of the pension plan, and that payment shall, subject to the pension plan, be made in the manner and at the times prescribed by the Minister of Finance.

(8) Payments made under subsection (7) shall, for the purposes of section 15, be considered an administrative expense of the education council making them.

(9) The age of retirement of an executive director referred to in subsection (2) shall be the same as that applicable to an "employee" within the meaning of the pensions Act and the executive director shall be entitled to the advanced or deferred pension privileges of that employee.

(10) This section is considered to have come into force on the January 21, 1969.

1990 c26 s42

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Further rights to pension

43. (1) The Lieutenant-Governor in Council may, by order, designate employees of education councils, including executive directors not referred to in subsection 42(2), who shall, subject to subsection (2), receive the same benefits and be subject to the same terms and conditions with respect to pensions that are applicable to employees under the pension plan referred to in section 42.

(2) Paragraphs 42(5)(a), (b) and (c) and subsections 42(6), (7), (8) and (9) shall apply, with the necessary changes, to employees of education councils designated under subsection (1).

(3) This section is considered to have come into force on January 21, 1969.

1990 c26 s43

 

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Schedule

1. Apprenticeship Act

2. Community Colleges Act

3. Degree Granting Act

4. Education (Apportionment) Act, 1970

5. Memorial University Act

6. Memorial University Pensions Act

7. Private Training Institutions Act

8. Provincial Institutes Act

9. Public Examinations Act

10. School Attendance Act

11. School Tax Act

12. School Trustees' Association Act

13. Schools Act

14. Student Allowances Act

15. Teacher Training Act

16. Teachers' Association Act

17. Teachers' Pensions Act

18. Transitional Powers Act

1990 c26 Sch

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