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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER S-12

AN ACT RESPECTING THE OPERATION OF SCHOOLS AND COLLEGES IN THE PROVINCE

Analysis

1. Short title

2. Definitions

PART I
SCHOOL DISTRICTS AND SCHOOL BOARDS

3. Continuation of boards

4. Establishment of educational districts

5. Educational council

6. School boards in districts

7. Election of executive committee

8. Interim board

9. Board membership prohibited

10. Vacancies in school boards

11. Duties of school boards

12. Powers of school boards

13. Regulations

14. Appointment of business manager

15. Duties of manager

16. Bonding of business manager

17. Appointment of district superintendents

18. Duties of superintendents

19. Appointment

20. Duties

21. Establishment of schools committees

22. Election of officers of school board

23. Ordinary meetings of school boards

24. Meetings to be public

25. Notice of meetings of school boards

26. Notice of meetings of executive committee

27. Special meetings

28. Minutes of meetings

29. No decision binding

30. No remuneration to members of school boards

31. School board a corporation

32. Vesting of property

33. Transfer of funds

34. Signing of documents

35. Disposal of certain property

36. School board holds property

37. Neglect to transmit returns

38. Neglect to have proper audit made

39. Dissolution of school boards

PART II
COLLEGES

40. Establishment of colleges

41. Annual inspection

42. Boards of directors

43. Power to borrow

44. Board of directors of Roman Catholic College

45. Directors for other denominations

46. Powers of boards of directors

PART III
ADMINISTRATION OF SCHOOLS CONDUCTED BY THE DEPARTMENT OF EDUCATION

47. Provision for school service

48. Vesting of title in board

49. Establishment of schools in institutions

PART IV
CONDUCT OF SCHOOLS

50. Schools opening and closing

51. School holidays

52. Additional holidays

53. School year re salary

54. School hours

55. Teachers presence at school

56. Teacher to have kept school in certain cases

57. Courses of study

58. Scholarships

59. Admission to school

60. Kindergarten classes

61. Admission of children

62. Religious instructions

63. Interpretation

64. Wilful interruption

65. Canvassing

66. Permit required

67. Certain requirements

68. Inspection

69. Revocation or suspension

70. Only school in community

71. Reports

72. Offence

PART V
ENGAGEMENT AND
DUTIES OF TEACHERS

73. Written contracts

74. Interpretation

75. Duties of teachers

PART VI
CONDUCT OF PUPILS

76. Requirements

77. Expulsion of pupils

78. Reconsideration of expulsion of pupil

79. Corporal punishment

PART VII
FINANCE

80. Title to school sites

81. Apportionment of money

82. Allocation of money

83. Money allocated under s.82

84. Disposition of money

85. Apportionment of grants

86. Apportionment of other grants

87. Teachers' salaries

88. Summer instalments of salary

89. Adjustment and recovery

90. Provision for deduction of income tax

91. Method of payment of grants

92. Balances of appropriations

93. Time of payment

94. Assessments

95. Regulations

96. Assessments payable in advance

97. Recovery of assessments

PART VIII
REGULATIONS

98. Regulations

99. Coming into force

PART IX
PENSIONS AND LEAVE

100. Plans for employees of school boards

101. Inclusion in government pension plan

102. Inclusion in teachers' pension plan

103. Regulations

PART X
GOVERNMENT
INSPECTION OF
COLLEGES AND SCHOOLS

104. Inspection of college and school buildings

105. Appointment of regional superintendents

106. Duties of superintendents

Schedule


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Short title

1. This Act may be cited as the Schools Act.

RSN1970 c346 s1

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Definitions

2. In this Act

(a) "assistant district superintendent" means an assistant district superintendent appointed under section 19;

(b) "board of directors" means a board of directors of a college constituted by or continued under this Act;

(c) "business manager" means a business manager appointed under section 14;

(d) "central high school" means a school established within an area for the express purpose of accommodating all pupils in designated grades not lower than Grade 7 and which is in

(i) a building separate from other schools, or

(ii) a school building in which another type of school or other types of school exist, provided each type of school has a separate entrance and its own separate administrative and academic services,

but, for the purposes of subparagraph (ii), the existence in respect to a school, of a cafeteria, auditorium, gymnasium, clinic or other like facilities in common with another school or other schools does not infringe the provision contained in the subparagraph;

(e) "certificate of grade" includes a licence to teach issued under the authority of The Education (Teacher Training) Act, 1963, or the Teacher Training Act;

(f) "college" means a college established or continued and operated under this Act;

(g) "denomination recognized under this Act" means a religious denomination or 1 of a group of religious denominations for which educational districts are established under, or are continued by, this Act and for which school boards are appointed under, or are continued by, this Act;

(h) "department" means the Department of Education;

(i) "deputy minister" means the Deputy Minister of Education;

(j) "district" means an educational district established under, or continued by, this Act;

(k) "educational council" means a denominational educational council established under section 15 of the Department of Education Act;

(l) "emergency supply", in reference to persons employed to teach in schools, means those persons so employed who have no certificates of grade as defined by paragraph 2(e);

(m) "executive committee" means an executive committee of a school board elected under section 7;

(n) "executive director" means an executive director of an educational council;

(o) "general advisory committee" means the general advisory committee established under section 24 of the Department of Education Act;

(p) "group", in reference to religious denominations, means 2 or more in number;

(q) "junior high school" means a school established within an area for the express purpose of accommodating all pupils in Grades 7 and 8 or Grades 7, 8 and 9 and which is in

(i) a building separate from other schools, or

(ii) a school building in which another type of school or other types of school exist, provided each type of school has a separate entrance and its own separate administrative and academic services,

but, for the purposes of subparagraph (ii), the existence, in respect to a school, of a cafeteria, auditorium, gymnasium, clinic or other like facilities in common with another school or other schools does not infringe the provision contained in the subparagraph;

(r) "minister" means the Minister of Education;

(s) "Newfoundland Teachers' Association" means the Newfoundland Teachers' Association referred to in the Teachers' Association Act;

(t) "private school" means an establishment for the instruction of pupils, including nursery and other pre-kindergarten groups, which is not

(i) a public school or a college,

(ii) a Sunday school or similar institution, or

(iii) authorized to be operated, and operating, under another Act of the Legislature,

and to which sections 66 to 72 refer;

(u) "public school" means a school operated by a school board and receiving grants from public funds of the province provided for education and includes a regional high school, a central high school and a junior high school but does not include a college;

(v) "regional high school" means a school established within an area for the express purpose of accommodating all pupils in designated grades not lower than Grade 9 from any or all schools within a district and which is in

(i) a building separate from other schools,

(ii) a school building in which another type of school or other types of school exist, provided each type of school has a separate entrance and its own separate administrative and academic services,

but, for the purposes of subparagraph (ii), the existence, in respect to a school, of a cafeteria, auditorium, gymnasium, clinic or other like facilities in common with another school does not infringe the provision contained in the subparagraph;

(w) "school" means a public school;

(x) "school board" means a school board constituted under, or continued by, this Act and includes a board of education and another governing body existing by virtue of section 3;

(y) "school committee" means a committee referred to in section 21 and responsible to a school board for the carrying out of specified duties assigned to it by that school board;

(z) "school day" means that time in a full day during which school is kept in accordance with this Act and the regulations;

(aa) "school session" means a period in a school day during which school is kept without interval, but, for the purposes of this paragraph, a recess period of a duration of 15 minutes or less shall not be considered as an interval;

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

(cc) "superintendent" means a district superintendent of schools appointed under section 17; and

(dd) "teacher" means a person holding a certificate of grade as defined by paragraph 2(e) and is considered to include emergency supply but does not include a superintendent or an assistant district superintendent.

RSN1970 c346 s2; 1973 No35 Sch; 1974 No28 s2; 1983 c43 Sch

PART I
SCHOOL DISTRICTS AND SCHOOL BOARDS

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Continuation of boards

3. (1) A school board, board of education, common board, committee and other governing body of a school constituted or continued under a predecessor Act is continued under this Act.

(2) Where a new district is to be established in accordance with section 4 for the purpose of constituting a new school board to take over the duties of a governing body referred to in this section, the Lieutenant-Governor in Council may, by order, prescribe a date for dissolution of the governing body, which order shall have full effect for the purposes of this Act.

RSN1970 c346 s4

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Establishment of educational districts

4. (1) There are established in the province for the religious denomination or group of religious denominations mentioned in the Schedule those educational districts described in that part of the Schedule applicable to the religious denomination or group of religious denominations.

(2) Parts II, III and IV of the Schedule came into force on July 1, 1969, and the remainder of the Schedule shall not come into force, in regard to an educational district described in it, until a date to be prescribed for that specific educational district by order of the Lieutenant-Governor in Council, and in the meantime section 3 shall have full effect.

(3) The Lieutenant-Governor in Council may, by order, establish educational districts for a religious denomination or group of religious denominations not mentioned in the Schedule or for a religious denomination or group of religious denominations which, while actually mentioned in the Schedule, is mentioned in it for the purpose of some educational district other than those to be established under this subsection.

(4) Upon the recommendation of the educational council concerned, the Lieutenant-Governor in Council may, by order, alter or abolish the boundaries of a district in the attached Schedule or established under subsection (3), or establish new districts of greater or less extent whether or not the new districts are for the same religious denomination or group of religious denominations as those which are being replaced.

(5) A district shall have at least 2,000 pupils enrolled in all schools of the religious denomination or group of religious denominations concerned.

(6) Where a district established under this Act does not have at least 2,000 pupils enrolled under the provisions of subsection (5) or the number of pupils so enrolled falls below that number, the minister may, by order, authorize a lesser number of pupils than that number for the purposes of this Act.

(7) Where there is no proper educational council with respect to a religious denomination or group of religious denominations the general advisory committee may make the recommendation referred to in subsection (4).

(8) An order made under this section shall be published in the Gazette.

(9) An educational district shall not be established under subsection (3) for

(a) a religious denomination; or

(b) a group of religious denominations containing a religious denomination

which is not mentioned in the Schedule unless, by resolution of the House of Assembly, the religious denomination is approved for the purposes of subsection (3).

RSN1970 c346 s5; 1988 c12 s1

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Educational council

5. (1) Where an area of the province is not included in a district established under this Act, the appropriate educational council shall, with respect to the adherents of the religious denomination or group of religious denominations it represents and until the time that the area is included in a district for the religious denomination or group of religious denominations, be vested with the same powers and charged with the same duties in respect of that area as if it were a school board constituted under section 6, and this Act shall apply to the educational council as if it were a school board so constituted.

(2) Where, for the purposes of subsection (1), there is no appropriate educational council with respect to a religious denomination or group of religious denominations, the minister shall, with respect to the adherents of that religious denomination or group of religious denominations and until the time that the area is included in a district for the religious denomination or group of religious denominations, be vested with the same powers and charged with the same duties in respect to an area of the province not included in a district established by or under this Act as if he or she were a school board constituted under section 6, including being vested with title to all school property, but he or she may administer the school service through an officer of the department and appoint a local committee to be responsible for the care and maintenance of the property and to act in an advisory capacity to that officer, and this Act shall apply to the minister as if he or she were a school board so constituted.

(3) Section 48 shall, with the necessary changes, apply to property vested in the minister by subsection (2).

RSN1970 c346 s6; 1983 c43 Sch

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School boards in districts

6. (1) The minister shall, on the recommendation of the proper educational council through its executive director, appoint, in each district, a school board consisting of the number of persons, not less than 7, that the minister approves, of the same religious denomination as that for which the district was established, but the minister may, upon the recommendation of the proper educational council through its executive director, appoint, as members of the board, persons other than those of the religious denomination for which the district was established.

(2) Notwithstanding subsection (1), until the constitution of the school board is approved under subsection (4), the number of persons appointed to a school board shall only be 7.

(3) Where there is no proper educational council with respect to a religious denomination or group of religious denominations, the minister may nevertheless make an appointment referred to in subsection (1).

(4) A school board appointed under this Act shall, immediately after its appointment, and every other school board as defined by paragraph 2(x) shall prescribe and adopt its constitution, which shall be subject to the approval of the minister and the proper educational council and shall include provisions respecting

(a) the number of members, which shall not be less than 7, to be appointed to the school board, 1 at least of whom is to be a person referred to in paragraph (c) and nominated by the recognized head over the area concerned, of the religious denomination concerned;

(b) the manner of selecting members for appointment to the school boards, which

(i) shall provide for selection by election, subject to the regulations, of at least 2/3 of the members, or

(ii) may provide for selection by election, subject to the regulations, of a greater proportion than 2/3 of the members or of selection by election, subject to the regulations, of all those members,

so long as where the number of members to be appointed is not divisible into whole numbers, the expression "2/3" in this paragraph means "2/3 as nearly as may be, fractions being disregarded";

(c) the number of members who are to be clergy or other officers of the religious denomination for which the district concerned was established;

(d) the appointment or selection of a chairperson and other officers of the school board;

(e) the date of the annual meeting of the school board;

(f) the appointment or selection of committees considered necessary to the proper functioning of the school board; and

(g) duties of the officers and committees of the school board additional to those duties specified in this Act.

(5) Notwithstanding the provisions of subsection (1) respecting the recommendation of the proper educational council concerning the appointment of members of a school board, the proper educational council shall recommend the appointment of a person elected a member of the school board under provisions of the constitution of the school board in force under the provisions of this section.

(6) Notwithstanding the provisions of subsection (4) respecting the approval of the minister and the appropriate educational council, the minister and the appropriate educational council are considered to approve of the provision referred to in subparagraph (4)(b)(i) and may approve of the provision referred to in subparagraph (4)(b)(ii).

(7) Where there is no educational council with respect to a religious denomination or group of religious denominations, the approval of the educational council under subsection (4) is not required.

(8) Until a school board adopts its constitution under this Act and its members are appointed and the chairperson and other officers are appointed or selected and take office, the members of a school board appointed under subsection (1) or other school board as defined by this Act shall hold office and are vested with the powers and charged with the duties conferred on a school board under this Act, and, where it has no chairperson, the members of the school board shall appoint from their number a chairperson, and, where considered necessary, a secretary and other officers, and the chairperson and other officers, whether appointed under this subsection or not, shall hold office until their successors are appointed or selected under the constitution prescribed and adopted under subsection (4) and take office.

(9) The general election of members selected by election shall take place on the same day as general elections in municipalities take place under section 506 of the Municipalities Act.

(10) Members of a school board hold office for a period of 4 years from the date of their appointment but a member appointed to fill a vacancy holds office only for the remainder of the 4 year period.

(11) Where, in accordance with subsection (4), a school board later provides for selection by election of a greater proportion than 2/3 of its members, a person appointed to fill a vacancy in the board before that provision was made holds office only until the next general election of members of the board to be selected by election for appointment to the board.

(12) Members of school boards are eligible for reappointment but, unless otherwise provided by the constitution of the school board, a person, other than one recommended in accordance with subsection (5), shall not be reappointed to that school board for a 3rd consecutive term.

(13) Unless otherwise provided by the constitution of the school board, a majority of the members of the school board constitutes a quorum.

RSN1970 c346 s7; 1974 No28 s3; 1975 No20 s2; 1983 c43 Sch; 1983 c76 s13;
1984 c38 s1; 1985 c13 s11

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Election of executive committee

7. (1) A school board may, from its membership, elect not less than 4 persons, which, together with the chairperson of that school board, shall constitute the executive committee of that school board.

(2) The executive committee of a school board shall act in the place of and manage the affairs of that school board between regular meetings of that school board, and the executive committee may, except where and to the extent otherwise directed by the school board, exercise all those powers of the school board that are not by the constitution, regulations, rules and by-laws of the school board required to be exercised by the school board itself.

(3) For the transaction of business, a majority of the members of the executive committee constitutes a quorum.

(4) All actions taken and decisions made by the executive committee of a school board shall be reported to that school board at its next regular meeting.

RSN1970 c346 s8

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Interim board

8. (1) Where a new district is created, the minister may, on the recommendation of the appropriate educational council,

(a) appoint a school board of not less than 7 members who shall hold office and are vested with the powers and charged with the duties conferred or imposed on a school board; or

(b) order that there shall be an election of a school board and all the provisions in this Act with regard to elections shall apply to an election under this section, with the necessary changes.

(2) A school board appointed under paragraph (1)(a) or elected under paragraph (1)(b) shall hold office only until the next general election of the school board.

(3) Subsection 6(8) applies to members of school boards appointed under subsection (1).

RSN1970 c346 s9; 1988 c12 s2; 1989 c12 s27

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Board membership prohibited

9. (1) A person shall not be appointed to or serve as a member of a school board, in this subsection referred to as the "relevant school board", where he or she is employed

(a) by the department under salary, wages or other remuneration as a teacher or in another capacity;

(b) by a school board under salary, wages or other remuneration in a capacity other than a teacher; or

(c) by the relevant school board as a teacher.

(2) A member of a school board shall not participate in a discussion or vote on a question of awarding a contract in which he or she has a direct or indirect interest.

RSN1970 c346 s10

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Vacancies in school boards

10. (1) A member of a school board who dies, resigns his or her membership, absents himself or herself from 3 consecutive meetings of the school board without cause or resides out of the district for which the school board is appointed for a period of 6 calendar months, vacates his or her appointment and the vacancy so created may, upon the recommendation of the proper educational council through its executive director, be filled by the minister in accordance with this Act.

(2) On the recommendation of the proper educational council through its executive director, the minister may remove all or any of the members of the existing school board in a district, and, upon the recommendation of the proper educational council through its executive director, appoint new members in their place, whenever he or she considers it expedient in the cause of education to do so.

(3) Where there is no proper educational council with respect to a religious denomination or group of religious denominations, the minister may nevertheless make an appointment referred to in subsection (1) or (2).

(4) A member of a school board who wishes to resign from the school board shall notify the school board in writing, giving the date at which the resignation will become effective, and the school board shall immediately notify the proper educational council through its executive director, and the educational council shall take all necessary action it is empowered to take for the purpose of having the vacancy filled by appointment by the minister.

(5) Where there is no educational council with respect to a school board, the school board shall notify the minister of the resignation under subsection (4).

(6) Where

(a) there are not sufficient members of a school board for a district to constitute a quorum, whether or not an executive committee exists under section 7;

(b) a school board for a district is dissolved under subsection 39(1); or

(c) there is an area outside all districts constituted for a religious denomination or group of religious denominations,

the appropriate educational council through its executive director may exercise the powers of a school board within the district or area for the religious denomination or group of religious denominations represented by that educational council until the time that, with respect to paragraph (a), there are sufficient members of the school board to constitute a quorum or, with respect to paragraph (b) or (c), a school board for that district or area is appointed under this Act.

(7) Where a school board is appointed for a part only of an area, the appropriate educational council through its executive director may continue to exercise the powers of a school board under this section over so much of the remainder of the area as remains outside an appropriate district.

(8) Where there is no proper educational council to exercise the powers referred to in subsection (6), the minister shall, subject to that subsection, with the necessary changes, exercise those powers.

RSN1970 c346 s11; 1974 No28 s4; 1983 c43 Sch; 1983 c76 s13

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Duties of school boards

11. A school board shall

(a) organize the means of elementary or secondary education, or both, within its district, and provide, furnish and keep in good order and condition schools designed for the teaching of elementary or secondary grades, or both;

(b) organize the means of instructing children who for any physical or mental cause require special classes, either by the establishment of special classes in its schools or by making arrangements with another school board or with an educational body or authority within Canada for the education of those children;

(c) purchase, or in another way acquire, lands for its purposes, but the lands shall first be approved by the minister and the Minister of Health, and a school board shall prepare all necessary documents with respect to the lands and keep in a safe place all title documents respecting land and other properties vested in it;

(d) appoint and dismiss teachers and give prompt notice to the minister of every appointment, every breach of contract by a teacher and of every vacancy, but no emergency supply may be appointed to teach without the permission of the minister and the appropriate executive director;

(e) provide safe drinking water, adequate sanitary facilities and proper lighting, heat, ventilation and cleaning for the schools under its control;

(f) wherever possible, provide, and make regulations respecting the operation of, a suitable library for each school under its control, equip each school with the teaching aids required for the proper instruction of pupils and provide the recording, reporting and testing supplies that are necessary for the operation of the school;

(g) organize and carry out a properly supervised program of physical education;

(h) cause to be followed in the schools under its control the courses of study and the texts prescribed by the minister and the courses of study and the texts in religion prescribed by the appropriate denominational authority, but courses of study and text books other than those prescribed may be used where the minister gives written permission;

(i) subject to another Act, determine at what age pupils shall be admitted to its schools;

(j) ensure that adequate records of all its business and transactions are kept and furnish the minister and the appropriate educational council with information required by him or her or it and contained in those records;

(k) keep an accurate record of all receipts and expenditures and ensure that every grant received from the department is expended only for the purpose for which it is made and prepare and submit to the minister at the end of each school year a detailed statement of its accounts audited by a firm of chartered accountants and in the form that may be prescribed by the minister and give a copy of the statement to the appropriate educational council where there is such an educational council;

(l) insure and keep insured all its buildings and equipment;

(m) effect insurance indemnifying it against liability in respect of a claim for damages or personal injury;

(n) where arrangements are made by it for the transportation of pupils, ensure that all vehicles engaged in carrying children to and from school are in good mechanical condition and have adequate liability insurance;

(o) provide fire escapes for all school buildings satisfactory to and in accordance with all applicable provisions of law;

(p) admit to a school under its control an authorized official from the Department of Health acting in the course of his or her duty;

(q) upon production of satisfactory credentials from the Dean of Education at the Memorial University of Newfoundland, admit, at all reasonable times and subject to terms of agreement between it and the university, a student enrolled in the faculty of education at that university to a school under its control for the purpose of observation and practice-teaching;

(r) provide for conferences between the appropriate superintendent and all teachers employed by it for the purpose of discussing the conduct of its schools or for the purpose of in-service training;

(s) where a person is appointed by it under section 14, 17 or 19, provide for that person suitable office accommodation adequately equipped for the discharge by the person of his or her duties under this Act;

(t) subject to the approval of the minister, make regulations, rules or by-laws

(i) providing for the holding of internal examination, or for other methods of assessing the work of students, in all its schools, and

(ii) subject to section 77, providing for the establishment and management of schools within its district, including the suspension and expulsion of students, but, no expulsion of a student coming within the limits of compulsory attendance is effective without the written approval of the Director of School Services in the department;

(u) with respect to a school operated by it, cause sufficient classrooms or other rooms at the school to be made available under proper supervision

(i) for the use of students at least 15 minutes before the commencement of each school session,

(ii) for the use of students during lunch hour, where it is necessary for students to take their lunch at the school, and

(iii) for the use of students who travel from the school to their homes by bus or other vehicle until the arrival of the bus or vehicle, even though the school session has been concluded; and

(v) provide an adequately furnished cafeteria or other suitable room in a school operated by it where pupils are obliged to remain for lunch and arrange to have the cafeteria or other room kept in a clean and sanitary condition at all times.

RSN1970 c346 s12; 1974 No28 s5; 1979 c41 s1; 1983 c43 Sch

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Powers of school boards

12. A school board may

(a) enter into agreements with a person or corporation for the purpose of erecting teachers' residences on the terms and conditions that are mutually agreed upon and erect and maintain those residences and rent them to teachers at a reasonable rate;

(b) permit a school building under its control to be used outside of school hours on those terms that are considered expedient by the school board, provided that the exercise of this power causes no interference with the normal conduct of the school, and no reasonable request by an appropriate denominational authority shall be refused;

(c) provide for the regular medical and dental inspection of pupils in the schools under its control;

(d) arrange with the Department of Health for the appointment of a qualified nurse to work in a school under its control in its district;

(e) cause to be examined by a qualified medical practitioner a pupil suspected by a teacher to be suffering from a communicable disease or other physical or mental condition inimical to the health or welfare of the other pupils or suspected to be so mentally deficient as to be incapable of responding to class instruction by a qualified teacher, and, upon the medical practitioner certifying the existence of the disease, condition or deficiency, exclude that pupil from school until a certificate is obtained for that pupil from a qualified medical practitioner permitting his or her return to the school;

(f) require a teacher, other employee of or person working under contract with the school board to undergo examination by a qualified medical practitioner as to his or her physical health or by 2 medical practitioners as to his or her mental health and to submit a certificate signed by the medical practitioner or practitioners setting out the conclusions regarding the physical or mental health of that teacher, employee or person, and, where the teacher, employee or person, within 14 days from the date of receiving notice from the school board requiring that the examination be taken, fails to take the examination, summarily dismiss the teacher, employee or person, and the teacher, employee or person shall not accept a position with another school board until a certificate of a qualified medical practitioner as to his or her physical health, or of 2 medical practitioners as to his or her mental health, has been submitted to, and considered satisfactory by the minister;

(g) where a certificate submitted to a school board under paragraph (f) shows that the physical or mental health of the teacher, employee or person examined is injurious to the pupils of the school concerned, suspend, with or without pay, the teacher, employee or person from his or her duties, and the teacher, employee or person shall not return to his or her duties until he or she delivers to the school board concerned a certificate signed by a qualified medical practitioner in respect to his or her physical health or by 2 medical practitioners as to his or her mental health stating that he or she has recovered sufficiently to permit his or her return;

(h) provide, subject to the prior written permission of the parents or guardians of the pupils concerned, with respect to the schools in its district, in conjunction with the appropriate officials responsible for traffic control in the area, a system of school patrols under which pupils may assist in the control of motor vehicle traffic on highways or elsewhere so far as the traffic may affect pupils going to or from those schools, and no action shall be brought against a member of the school board or employee of the school board in respect of personal or other injuries sustained by a person arising out of the operation of the patrols;

(i) become a member of a provincial association of school boards and pay a required membership fee;

(j) employ, fix and pay the remuneration of, and suspend and dismiss, those persons other than teachers that may be needed for the efficient operation of the schools;

(k) allocate surplus funds at its disposal towards the support of schools in other districts or towards the maintenance of a school within its district not directly under its control, on the condition that all schools to which surplus funds are so allocated shall be subject to inspection in the same manner as and obliged to furnish reports similar to those of other schools maintained by it under this Act;

(l) with the approval in writing of the proper educational council through its executive director, sell and convey property of every description, as occasion may require, for the purposes of the school board, but where there is no proper educational council, the approval may be given by the minister;

(m) subject to the written approval of the minister and of the proper educational council through its executive director in respect to an amount in excess of an aggregate of $5,000 in a year, raise money upon the corporate credit and for the purposes of the school board, by way of promissory notes, bonds or debentures, or by mortgage, charge or pledge of the corporate property or revenues of the school board, or in another manner that the school board considers appropriate;

(n) subject to the School Attendance Act and the approval of the minister, determine what assessments shall be imposed during the school year in respect of each pupil in the several schools under its management, and prescribe different assessments in respect of any or all of different schools, different classes of schools and different classes of pupils in a school;

(o) subject to the approval of the minister, make regulations rules and by-laws

(i) providing for the calling of and conduct of business at its meetings, and

(ii) providing for all things necessary for or incidental to the carrying out of its objects and the exercise and performance of its powers and duties;

(p) by resolution, keep a school under its control open during the whole or a specified portion of the summer vacation;

(q) encourage enrichment in the school curriculum and encourage the staff to experiment with new teaching techniques and methods;

(r) operate a gymnasium, community hall, auditorium, rink or playground under its control additional to that referred to in paragraph 11(g); and

(s) enter into an agreement with another school board for the education of pupils residing within its district and the transportation of pupils to and from school.

RSN1970 c346 s13; 1979 c41 s2; 1983 c43 Sch

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Regulations

13. No regulations, rules or by-laws shall be made unless they have been considered in 2 meetings of the school board making them.

RSN1970 c346 s14

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Appointment of business manager

14. (1) A school board may appoint a person to act as its business manager and fix the remuneration he or she is to be paid.

(2) The business manager shall, unless the constitution of the school board otherwise provides, be responsible, in carrying out his or her duties, to the school board through the superintendent.

RSN1970 c346 s15

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Duties of manager

15. The duties of a business manager shall be to

(a) attend the meetings of the school board and, unless otherwise directed by the school board, keep minutes of those meetings;

(b) conduct and preserve all correspondence as directed by the school board or appropriate superintendent;

(c) preserve all papers, accounts, plans and other records of the school board;

(d) prepare and transmit to the department, upon instructions of the school board, reports and information requested by the minister;

(e) notify members of the school board of the times of all meetings, when requested to do so by the chairperson of the school board;

(f) produce, upon instructions of the school board, the minute book and other records for inspection when required by an official of the department designated by the minister for the purpose of the inspection;

(g) receive all money payable to the school board from all sources, deposit all money paid to the school board into a chartered bank as directed by the school board, disburse money as directed by the school board, issue and take receipts of all money received and paid out, keep on file all vouchers of expenditure and keep a proper record of all money received and disbursed;

(h) close and balance the books at the end of the school year and prepare a statement of the school board's finances whenever requested by the school board;

(i) arrange to have the accounts of the school board audited by a firm of chartered accountants immediately following the end of the school year and prepare for the annual meeting of the school board the year's accounts;

(j) notify members of the executive committee of the times of all meetings, when requested to do so by the chairperson of the executive committee; and

(k) perform those other duties that may be assigned to him or her by the school board.

RSN1970 c346 s16

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Bonding of business manager

16. (1) Every business manager and other person employed by a school board whose duties include the collecting, receiving or depositing of money belonging to the school board shall be bonded for an amount to be approved by the minister.

(2) The school board concerned shall pay the premiums in respect of bonds entered into under this section.

(3) The auditors auditing the accounts of a school board shall, during the course of each audit, inspect the bonds entered into with respect to the school board under this section and report on their sufficiency to the minister.

RSN1970 c346 s17

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Appointment of district superintendents

17. (1) A school board may appoint a district superintendent who shall be a person whose professional qualifications are approved by the minister, and it may fix the remuneration to be paid to the superintendent.

(2) A school board may terminate the employment of a superintendent by giving him or her 3 months' written notice, and it shall report the dismissal in writing to the minister immediately upon giving the notice.

(3) A superintendent shall reside in his or her district, unless he or she is specially exempted from that requirement by the minister in writing.

RSN1970 c346 s18

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Duties of superintendents

18. The duties of a superintendent shall be to

(a) attend meetings of the school board and the executive committee;

(b) advise and assist the school board in exercising its powers and duties under this Act;

(c) investigate a matter as required by the board and, after investigation, report in writing to it on the matter;

(d) recruit and recommend for appointment professional staff and, subject to the approval of the board, assign them to their respective positions;

(e) subject to the approval of the school board, determine which school a pupil shall attend;

(f) recommend the promotion, transfer and, subject to this Act, the termination of employment of professional employees of the school board;

(g) develop and implement a program of supervision and in-service training;

(h) exercise general supervision over all schools, property, teachers and other employees of the school board and, to that end, ensure that each school is visited as frequently as feasible and at least twice in each school year;

(i) in conjunction with the school principals, articulate the programs in the elementary and secondary school grades and develop policies for promoting pupils from one school level to another;

(j) provide leadership in evaluating and improving the educational program in the district;

(k) provide professional advice to the school board on planning new buildings, extensions and renovations;

(l) assist the school board in preparing its annual budget;

(m) act as a means of communication between the school board and staff, both professional and non-professional, and other employees of the school board;

(n) subject to the approval of the school board, attend institutes as required by the minister;

(o) make known to the public the policies of the school board and enlist support of the public for the school board's program;

(p) make, on forms prescribed by the minister, annual reports to the school board and to the department on the educational program in the school board's district and provide copies of those reports to the appropriate educational council; and

(q) perform those other duties that may be assigned to him or her by the school board, where these duties are consistent with this Act.

RSN1970 c346 s19; 1983 c43 Sch

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Appointment

19. (1) Subject to the regulations, a school board may appoint an assistant district superintendent and fix his or her remuneration.

(2) A school board may terminate the employment of an assistant district superintendent appointed under subsection (1) by giving him or her 3 months' written notice, and it shall report the dismissal in writing to the minister immediately on giving the notice of it.

1979 c41 s3

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Duties

20. The appropriate superintendent shall prescribe for and assign duties to assistant district superintendents.

RSN1970 c346 s21

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Establishment of schools committees

21. A school board may make provision in its constitution adopted under subsection 6(4) for the establishment of school committees with duties in the whole or a designated part of the school board's district for

(a) managing and caring for, subject to the regulations made by the school board, property under the control of the school board, effecting necessary emergency repairs to it and reporting on it to the school board, through the appropriate superintendent, immediately;

(b) reporting to the school board, through the appropriate superintendent, the need for necessary equipment or furniture in schools;

(c) advising and assisting the school board, through the appropriate superintendent, in respect to those matters that the school board may specify;

(d) making arrangements for a proper supply of fuel for, and the cleaning of, schools;

(e) inspecting, where requested by the school board, the sanitary facilities in schools and examining the arrangements made for proper cleaning in schools and reporting on them to the school board;

(f) assisting the school board in carrying out those other duties that the school board may decide upon; or

(g) acting as liaison between the school board and the communities in the areas assigned to them by the school board,

provided that the establishment of a school committee is not inconsistent with the other provisions of this Act, and an established school committee shall have power to act only for the purpose for which it is established.

RSN1970 c346 s22

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Election of officers of school board

22. (1) The members of a school board shall at the meeting at which its constitution is finally adopted or at their 1st meeting after it is adopted and at every annual meeting elect from their number a chairperson, a vice-chairperson, a recording secretary and where considered necessary, an executive committee under section 7, and those persons and the committee shall hold office until successors are elected at the next annual meeting.

(2) Every school board shall hold, on the date specified in its constitution or, in the absence of the specification of the date, on the 1st Wednesday in July in each year, or as soon as practicable, an annual meeting, and shall hold, on other occasions, those additional meetings that may be found necessary for the business of the school board.

(3) The executive committee shall meet whenever necessary to transact its business.

(4) The chairperson of the school board shall be chairperson of the executive committee.

(5) The chairperson shall preside at all meetings of the school board or of the executive committee and has the same right of voting as other members, and in the case of an equality of votes for and against a motion, the question shall be considered as resolved in the negative.

(6) In the absence of the chairperson of the school board, the vice-chairperson shall preside at meetings, and in the absence of both the chairperson and the vice-chairperson, the members present shall elect from amongst their number a person to preside at that meeting only.

(7) In the absence of the chairperson of the executive committee, the members present at a meeting shall elect from among their number a person to preside at that meeting only.

RSN1970 c346 s23

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Ordinary meetings of school boards

23. Ordinary meetings of a school board shall be held when necessary to transact the business of the school board, but, in any event, ordinary meetings shall be held not less frequently than once every 3 months.

RSN1970 c346 s24

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Meetings to be public

24. A meeting of a school board is open to the public unless it is held as a privileged meeting or declared by vote of the members of the school board present at the meeting to be a privileged meeting, and in that case all members of the public present shall retire.

RSN1970 c346 s25

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Notice of meetings of school boards

25. (1) A meeting of the school board may be called by the business manager giving, at the instance of the chairperson, to each member at least 4 clear days' notice of it, in writing, but where the school board stipulates, by a valid and subsisting by-law, the times when certain specific meetings shall be held, no notice is necessary in respect to those specific meetings.

(2) Notice of a meeting may be dispensed with where all members of the school board agree in writing.

RSN1970 c346 s26

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Notice of meetings of executive committee

26. Notice of meetings of the executive committee shall be of reasonable length under the circumstances, but may be dispensed with where all available members agree.

RSN1970 c346 s27

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Special meetings

27. A special meeting of the school board may be held at the instance of the chairperson, but a special meeting shall be called when a written application, specifying the purpose of the proposed meeting, is made to the chairperson by a majority of the members of the school board, and where notice of a special meeting is given under subsection 25(1), that notice shall contain particulars of the business to be transacted at the special meeting, and no business shall be transacted at a special meeting other than that for which the meeting was called.

RSN1970 c346 s28

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Minutes of meetings

28. (1) A school board and executive committee shall keep proper minutes of its proceedings in a book provided by it for that purpose, and the book shall be open, at all reasonable times, to inspection by an official of the department designated by the minister for that purpose.

(2) At every meeting of a school board or executive committee the minutes of the previous meeting, corrected where necessary, shall be signed by the chairperson or other person acting in his or her place.

RSN1970 c346 s29

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No decision binding

29. No decision taken at a meeting of a school board or executive committee shall be considered binding, unless adopted at a meeting at which a quorum of the school board or executive committee is present.

RSN1970 c346 s30

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No remuneration to members of school boards

30. Members of a school board or of an executive committee or other committee of a school board shall receive no remuneration for their services, but expenses reasonably incurred by them by reason of their attendance at a meeting, and properly verified by them, may be paid out of the revenue of the school board.

RSN1970 c346 s31

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School board a corporation

31. (1) A school board is a corporation.

(2) A school board may sue or be sued in the name of the school board.

RSN1970 c346 s32

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Vesting of property

32. (1) All property vested for educational purposes in a school board or in the chairperson or members of a school board continues to be vested in that school board under this Act and shall, on the dissolution of that school board, devolve to the succeeding school board which takes responsibility for educational administration in the district previously held by the dissolved school board, whether or not that succeeding school board has responsibility for an area larger than the district, or where there is no succeeding school board, that property shall vest in the appropriate educational council.

(2) Where there is no educational council with respect to a school board, the property referred to in subsection (1) as vesting in the appropriate educational council shall vest in the minister and be transferred by him or her to the appropriate educational or denominational authority at his or her discretion.

RSN1970 c346 s33; 1983 c43 Sch

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Transfer of funds

33. Where a school board is dissolved under section 39 and all of its debts and liabilities are paid and discharged, its surplus of funds remaining, and any real or personal property not disposed of, shall devolve under the provisions of section 32.

RSN1970 c346 s34

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Signing of documents

34. (1) All deeds and other documents requiring signature on behalf of a school board shall be signed by the chairperson and 1 other member of the school board selected for the purpose by the school board.

(2) When lands and buildings are sold, leased or mortgaged by a school board, the sale, lease or mortgage shall be in writing and shall be valid when signed by the chairperson and 1 other member selected for the purpose by the school board and upon being approved by the proper educational council, but where there is no proper educational council, the approval shall be the responsibility of the appropriate denominational authority.

(3) A school board may, by resolution, certified by the chairperson and the business manager of the school board, appoint its officers or members to execute, on behalf of the school board, documents necessary in connection with money borrowed by the school board in accordance with this Act, and a document executed under that resolution is binding on the school board.

RSN1970 c346 s35; 1983 c43 Sch

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Disposal of certain property

35. Where a school board holding property which has been acquired from a school board before its dissolution or from a denominational authority plans to dispose of the property, it shall, first, make an offer of sale to the denominational authority from which the property had been acquired, and the price shall be negotiated by the school board and the denominational authority.

RSN1970 c346 s36

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School board holds property

36. (1) All property held by a school board under this Act is considered to be held by the school board for the purposes of this Act.

(2) Notwithstanding sections 32 and 33, in the event of a dispute as to the disposition of property held by a school board or remaining for disposal after the dissolution of a school board, the minister may make a decision upon the disposition, on the recommendation of the appropriate educational council or, where there is no appropriate educational council, the appropriate denominational authority, and he or she may dispose of it accordingly under his or her own signature and the official seal of the department.

RSN1970 c346 s37; 1983 c43 Sch

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Neglect to transmit returns

37. Where a school board neglects to transmit to the minister the statement of accounts referred to in paragraph 11(k) before September 2 in a year, the school board shall not receive further payment from grants other than those provided for by sections 80 and 87 until it remedies its default.

RSN1970 c346 s38

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Neglect to have proper audit made

38. (1) Where a school board neglects or refuses to have a proper audit made of its accounts as referred to in paragraph 11(k), the minister may direct in writing that the accounts of that school board shall be audited by an auditor designated by him or her, and, when that direction is given, the audit shall be made in accordance with the direction and the auditor shall report on it to the minister.

(2) The school board, the accounts of which are being audited under subsection (1), and a member and employee of it shall, when requested, furnish to the person conducting the audit all account books and accounts that may be called for and shall furnish supporting documents and other information regarding the accounts of the school board that may be necessary for the audit.

(3) A member or employee of a school board who refuses a book, account or information in his or her possession and necessary for audit may be removed from office, by order of the Lieutenant-Governor in Council, upon proof, to the satisfaction of the Lieutenant-Governor in Council, of the refusal.

(4) Where an audit carried out under this section or another section of this Act shows that a grant is not being expended for the purposes prescribed by this Act or the regulations governing payment of grants, the deputy minister shall withhold further payments of the grant until this Act and the regulations are complied with.

RSN1970 c346 s39

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Dissolution of school boards

39. (1) Where the appropriate executive director certifies to the minister in writing that, in the opinion of the educational council of which he or she is executive director, a school board should be dissolved and

(a) all debts and liabilities of that school board have been paid and discharged; or

(b) all debts and liabilities of that school board have been or will be assumed by another school board established or about to be established to replace the school board it is proposed to dissolve,

the Lieutenant-Governor in Council may, by order, declare its dissolution on a date to be prescribed in the order, and the school board shall cease to exist in accordance with that order.

(2) Where there is no educational council and executive director, the minister may act under subsection (1) upon receiving the opinion of the general advisory committee that the school board should be dissolved.

RSN1970 c346 s40; 1983 c43 Sch

PART II
COLLEGES

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Establishment of colleges

40. (1) An Anglican college, a United Church college and a Presbyterian college, for both sexes, and 2 Roman Catholic colleges, one for males and the other for females, may be established in the province.

(2) Colleges may be established in the province for denominations not specifically referred to in subsection (1) by order of the Lieutenant-Governor in Council.

RSN1970 c346 s41

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Annual inspection

41. Colleges below university level are subject to annual inspection in the same manner as public schools.

RSN1970 c346 s42

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Boards of directors

42. (1) The Lieutenant-Governor in Council shall appoint a board of directors for each college, and a board of directors so appointed is a corporation.

(2) The Lieutenant-Governor in Council may appoint a school board as a board of directors for the purpose of this section.

RSN1970 c346 s43

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Power to borrow

43. (1) A board of directors may raise money upon the corporate credit and for the purposes of the board, by way of promissory notes, bonds or debentures, or by mortgage, charge or pledge of the corporate property or revenues of the board, or by another way that the board considers appropriate.

(2) A board of directors may, by resolution signed by the chairperson and a majority of the members of the board, appoint any of its officers and members to execute, on behalf of the board, a document necessary in connection with money borrowed by the board in accordance with this Act, and a document executed under that resolution is binding on the board.

RSN1970 c346 s44

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Board of directors of Roman Catholic College

44. (1) The board of directors of the Roman Catholic College for males shall consist of not less than 9 members of the Roman Catholic Church, a majority of whom shall be a quorum.

(2) The board of directors of the Roman Catholic College for females shall consist of not less than 9 members of the Roman Catholic Church, a majority of whom shall be a quorum.

(3) The boards of directors of the Roman Catholic Colleges shall be nominated by the Roman Catholic Archbishop of St. John's and the Roman Catholic Bishops of Grand Falls and St. George's, and their names shall be certified by the Archbishop of St. John's to the deputy minister within 1 month of that nomination.

RSN1970 c346 s45

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Directors for other denominations

45. (1) The Lieutenant-Governor in Council may appoint boards of directors for denominations other than the Anglican Church of Canada, Roman Catholic, United Church and Presbyterian denominations, for the purpose of expending money appropriated for colleges under this Act.

(2) The Lieutenant-Governor in Council may appoint a school board as a board of directors for the purpose of this section.

RSN1970 c346 s46

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Powers of boards of directors

46. (1) A board of directors may appoint a principal and other teachers for its college, prescribe the various branches of learning to be taught, and, subject to this Act and the regulations, the terms and vacations to be kept in its college, and shall arrange, where possible, for the medical inspection of its college each half-year, and may, subject to the approval of the Lieutenant-Governor in Council, fix the rates of fees to be paid by the students, and may appropriate those fees either towards increasing the salaries of the teachers or towards defraying the incidental expenses of its college.

(2) Every board of directors shall, before September 2 in each year, transmit to the appropriate educational council through its executive director, otherwise to the appropriate denominational authority, reports of the condition and progress of its college and a detailed account of income and expenditure, properly audited.

RSN1970 c346 s47; 1983 c43 Sch

PART III
ADMINISTRATION OF SCHOOLS
CONDUCTED BY THE DEPARTMENT OF EDUCATION

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Provision for school service

47. (1) In a community where the majority of the children are not of the religious denominations mentioned in the Schedule, and

(a) a school board maintains a public school; or

(b) a public school is not maintained by a school board but it is proposed to establish one,

and none of the school boards for the district in which the community is situated wishes to maintain an existing, or establish a future public school, the minister may consider a proposal advanced by the school board concerned in the case of a community to which paragraph (a) applies, and by the community in the case of a community to which paragraph (b) applies, for the extension, equipment, replacement, improvement or establishment of a school.

(2) Where a proposal referred to in subsection (1) is to be advanced by a community, it shall be done by way of a petition signed by not less than 2/3 of the persons resident in the community and entitled to vote at an election of members to the House of Assembly.

(3) Where the minister is satisfied that, in the circumstances, the local contribution is adequate, and if the minister approves the proposal, the title to the school property shall be vested in the minister and the school service shall be administered by the department, and a local committee may be appointed by the minister to be responsible for the care and maintenance of the property and to act in an advisory capacity to that officer.

RSN1970 c346 s48

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Vesting of title in board

48. (1) Where the title to property is vested in the minister under section 47 or where the title to school property has, under circumstances similar to those described in section 47 and before July 1, 1969, been so vested under the provisions of another statute, and it appears to the Lieutenant-Governor in Council to be desirable that the title shall vest in a school board constituted under this Act and having jurisdiction in the locality where the property is located, the Lieutenant-Governor in Council may, by order made upon the recommendation of the minister and subject to the terms and conditions that he or she may prescribe, direct that the title shall so vest.

(2) Where an order is made under this section, the title to the property shall, subject to the fulfilment of the terms and conditions prescribed in the order, be vested in the school board named in the order.

RSN1970 c346 s49

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Establishment of schools in institutions

49. (1) The minister may, where he or she considers it necessary, establish a school in a hospital or similar institution operated by or for the Department of Health and in a prison or similar institution operated by the Department of Justice.

(2) A school established under subsection (1) shall be administered by an officer of the department designated by the minister.

(3) The opinion of the minister as to what is a similar institution is conclusive for the purposes of this section.

RSN1970 c346 s50

PART IV
CONDUCT OF SCHOOLS

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Schools opening and closing

50. The minister shall, before June 1 in each year and after consultation with the general advisory committee, prescribe, by order, for the school year following, the dates

(a) of the opening and closing of schools; and

(b) on which public examinations shall be written.

RSN1970 c346 s51

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School holidays

51. (1) Schools shall not be open for ordinary classes on Saturdays and Sundays, but nothing in this subsection shall prevent the holding, on either or both of those days, of classes which may be conducted and attended voluntarily.

(2) Schools shall observe as school holidays all days proclaimed as school holidays by the Lieutenant-Governor in Council.

RSN1970 c346 s52

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Additional holidays

52. A school board may approve additional holidays for the schools under its jurisdiction, including holidays at Christmas and Easter.

RSN1970 c346 s53

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School year re salary

53. For the purpose of computing salary, a school year shall consist of the number of school days within the period referred to in paragraph 2(bb) that the Lieutenant-Governor in Council, after consultation with the general advisory committee, may by order prescribe.

RSN1970 c346 s54

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School hours

54. In a school the minimum number of hours of instruction in each school day shall be

(a) for kindergarten, 2 1/2 hours;

(b) for Grades 1 to 3, 4 hours; and

(c) for Grades 4 to 12, 5 hours.

RSN1970 c346 s55

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Teachers presence at school

55. Unless assigned to other duties by the school principal or absent because of illness or other unavoidable cause, every teacher shall be in the appropriate school during a period in the morning and a period in the afternoon immediately preceding the time prescribed for the opening of school to be prescribed by the regulations, rules or by-laws of the appropriate school board.

RSN1970 c346 s57

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Teacher to have kept school in certain cases

56. A teacher in a college or school shall, for the purposes of determining payment of salary, be considered to have kept school on a day or part of it when

(a) the teacher having charge of the college or school closes it because of inclement weather, under a general authority given to him or her orally or in writing by or under the direction of the chairperson of the appropriate board of directors or school board;

(b) the college or school is closed by order of the Minister of Health by reason of disease being or threatening to become epidemic;

(c) the college or school is closed at any time after opening to enable repairs authorized by the appropriate board of directors or school board to be effected;

(d) the teacher is absent from the college or school because he or she was quarantined by a competent health authority;

(e) the college or school is declared uninhabitable by the appropriate board of directors or school board because of fire, tempest, failure of sewage system or other cause of a similar nature;

(f) the teacher was unavoidably prevented from opening the college or school because of delay in construction of new buildings or the extension, remodelling or renovation of existing buildings and the minister is satisfied that no alternative accommodation was available;

(g) the teacher is absent from the college or school on sick leave with full pay or other special paid leave granted and taken in accordance with the conditions that may be prescribed by the regulations;

(h) the college or school was closed because of lack of heating or for another reason, where, in the opinion of the minister, the closing of the college or school could not have been avoided by the teacher; or

(i) the teacher is required to act as a member of the board of arbitration established in accordance with the collective agreement as defined in the Teachers' Collective Bargaining Act.

RSN1970 c346 s58; 1975 No20 s3

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Courses of study

57. (1) Subject to section 28 of the Department of Education Act, all public schools shall use as a basic program the courses of study authorized by the minister and the text books authorized by the minister and distributed through the curriculum division of the department.

(2) A school board which wishes to use, in any of the schools under its control, text books other than those authorized by the minister under subsection (1), those other text books being referred to in this section as "alternative text books" shall, in writing, request the minister's approval to do so.

(3) Where the minister approves the request of the school board made under subsection (2), the alternative text books may be ordered by the school board and the department shall reimburse the school board with respect to those text books in accordance with the subsidization policies applicable to text books at the time.

(4) After permission is given to use alternative text books under subsection (2), the school shall, for a period of at least 1 year, use those text books.

RSN1970 c346 s59; 1974 No28 s7

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Scholarships

58. (1) The Lieutenant-Governor in Council may establish those scholarships that he or she considers desirable and prescribe the value of them.

(2) The minister shall, in accordance with regulations made under paragraph 98(g), pay all scholarships out of money voted by the Legislature for that purpose.

RSN1970 c346 s60

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Admission to school

59. A school board shall make provision for the admission to school at the beginning of the school year of all children intended to be served by the school board who will have reached the age of 5 years on or before December 31 in that school year.

1974 No28 s8; 1984 c38 s2

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Kindergarten classes

60. (1) A school board shall establish kindergarten classes in a school to teach and train children who are 5 years on or before December 31 in that school year.

(2) The minister may, in writing, permit admission, to a specified school, of children younger than those coming under section 59 where it is shown to his or her satisfaction that sufficient extra-perceptual children will attend to warrant the permission being given.

RSN1970 c346 s62; 1974 No28 s9; 1984 c38 ss3&4

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Admission of children

61. A school board shall not refuse to a child admission to a school under its control unless the child can be accommodated in

(a) a school appropriate to his or her own religious faith reasonably available to him or her; or

(b) another school more reasonably available to him or her than the school under its control,

and where there is a dispute as to whether a school is reasonably available or more reasonably available under this section, the minister shall, after the investigation that he or she considers adequate, determine the matter, and that determination shall be final.

1974 No28 s10

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Religious instructions

62. A person shall not, in a college or school aided by money granted under this Act, impart to a child attending it religious instruction which may be objected to, in writing, by the parent or guardian of that child.

RSN1970 c346 s64

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Interpretation

63. (1) For the purposes of this section, "supplementary school" means a school in respect of which a valid order has been made under subsection (2).

(2) The minister may, by order, direct that a school which, in his or her opinion, could not be kept in continuous operation during a school year shall be kept open in a calendar year during the period, including the summer vacation observed in ordinary schools, or a part of it, that he or she may prescribe and may prescribe the remuneration and terms and conditions of employment of teachers in it during that period, and the department shall, from money provided for the purpose by the Legislature, advance in monthly instalments to every school board having the control and management of a supplementary school the salaries of all teachers employed in that school, and every school board to which salaries are advanced under this subsection shall pay those salaries over to the teachers in respect of whom the advances were made, but the salary for the last month shall not be paid by the department until all returns for the supplementary school have been received at the department.

(3) Where a supplementary school is kept open in accordance with subsection (2), the School Attendance Act shall apply.

RSN1970 c346 s65

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Wilful interruption

64. A person who wilfully interrupts or disquiets the operation of a college or school operated under this Act is guilty of an offence and liable on summary conviction to a fine of not less than $10 and not exceeding $100.

RSN1970 c346 s66

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Canvassing

65. (1) A person who, on the premises of a college or school operated under this Act, sells or offers to sell goods or merchandise

(a) to a pupil of the college or school or other person on the premises not being a teacher; or

(b) to a teacher during a time that the college or school is in session

is guilty of an offence and liable on summary conviction to a fine of not less than $10 and not exceeding $100.

(2) This section does not apply to the sale or offering for sale of goods or merchandise by or on behalf of the appropriate board of directors or school board or to garden parties and other social, charitable or benevolent functions taking place on a college or school premises with the permission of and under the conditions specified by the appropriate board of directors or school board.

RSN1970 c346 s67

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Permit required

66. (1) A person shall not establish or conduct a private school anywhere in the province without the prior written permission of the minister.

(2) Where it is proposed to commence the operation of a private school, the persons who propose to operate it shall provide to the minister

(a) the names of the persons who will own and operate the proposed school;

(b) the purpose for which the school is to be established;

(c) the classes to be taught in the proposed school; and

(d) the additional information that may be requested by the minister.

(3) The minister may order that any or all of the provisions of this section or of sections 67, 68 and 71 shall not apply to a specified private school.

RSN1970 c346 s68

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Certain requirements

67. Before permission to operate a private school is given, the applicant shall satisfy the minister

(a) that the buildings or premises to be used by the private school are adequate;

(b) unless the minister otherwise approves, in writing, that the courses of instruction offered in the private school will follow the courses prescribed by the minister; and

(c) that the teachers to be employed in the private school hold valid teaching certificates.

RSN1970 c346 s69

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Inspection

68. Private schools shall be subject to inspection by officials of the department designated by the minister.

RSN1970 c346 s70

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Revocation or suspension

69. The minister may revoke or suspend permission given by him or her with respect to a private school under this Act where, in his or her opinion, the standards of attainment at the private school are lower than those expected in a public school or where the provisions of this Act or of an order made under this Act applicable to the private school is not being complied with.

RSN1970 c346 s71

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Only school in community

70. (1) Where a private school is the only school in a community at the elementary or secondary level, the sections of this Act and of the School Attendance Act which deal with the responsibilities of school boards, parents, principals, teachers and students shall, with the necessary changes, apply as if it were a public school.

(2) The persons conducting a private school to which subsection (1) applies shall permit, within the hours covered by the timetable of the school, clergy or officers of a religious denomination

(a) in respect of which, alone or with another or other religious denominations, there exists an educational council, where authorized to do so, in writing, by that educational council through its executive director; or

(b) in respect of which there exists no educational council, where authorized to do so, in writing, by the minister,

to give a reasonable amount of instruction in religion for the students in that school of the denomination he or she represents, but students whose parents or guardians object in writing to the instruction shall be excused from it.

RSN1970 c346 s72; 1983 c43 Sch

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Reports

71. The minister, by order, may provide that the operators of private schools shall provide those reports to him or her that he or she may specify and may prescribe times for making those reports and the form and information applicable to them.

RSN1970 c346 s73

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Offence

72. (1) A person who

(a) establishes or conducts a private school to which section 66 applies without the prior written permission of the minister;

(b) conducts a private school to which section 66 applies after permission given by the minister to conduct it has been revoked or while it is suspended under section 69; or

(c) contravenes or fails to comply with the provisions of subsection 70(2) or of an order made under section 71

is guilty of an offence and liable on summary conviction to a fine not exceeding $500 and in default of payment to imprisonment for a period not exceeding 90 days.

(2) A conviction in accordance with subsection (1) does not operate as a bar to a further prosecution for the continued contravention or failure to comply in accordance with subsection (1), and, where there is a continuing contravention or failure to comply, each day's continuance constitutes a separate offence.

RSN1970 c346 s74

PART V
ENGAGEMENT AND DUTIES OF TEACHERS

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Written contracts

73. (1) Unless, on written application by the appropriate executive director containing the reasons for the application, the Lieutenant-Governor in Council otherwise orders, a school board shall, subject to this Act and the regulations, enter into written contracts with the teachers it employs.

(2) Where there is no executive director with respect to a school board, the application referred to in subsection (1) shall be made by the school board concerned.

RSN1970 c346 s79; 1983 c43 Sch

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Interpretation

74. (1) For the purposes of this section and section 75,

(a) "principal" includes the principal of a school, the vice-principal of a school where he or she is carrying out the duties of a principal and a teacher in a sole-charge school; and

(b) "teacher" includes a teacher in a school and the principal or vice-principal of a school where he or she is acting as a teacher.

(2) A principal in a school shall

(a) convene, at least once a month, a meeting of the teachers in his or her school with a view to developing uniform policies on discipline and efficiency in instruction, to discuss newer methods of instruction and to ensure that religious instruction is being given in accordance with law and the directions of the appropriate denominational authority;

(b) report in writing to his or her school board the need for apparatus, materials, repair and fuel;

(c) report in writing to his or her school board a lack of suitable arrangements for proper cleaning and for sanitary facilities and supervise the carrying out of those arrangements in force;

(d) when directed by his or her school board, and as an agent of the school board, direct all assessments imposed under this Act to be collected and a careful and accurate account of those collections to be kept;

(e) transmit to the appropriate superintendent, as directed by that superintendent and on the form that he or she may prescribe or as may be prescribed under the other provisions of this Act, the information relating to students and teachers and other educational matters that the superintendent may request and keep copies of all the information in the records of his or her school;

(f) supply to his or her school board that information on the operation of his or her school that may be requested by the school board;

(g) submit to the department an annual report in respect of his or her school, containing the information and submitted at the time that the minister may prescribe, and at the same time furnish the appropriate educational council with a copy of the report;

(h) encourage the pupils of his or her school to take an interest in the cleanliness and tidiness of the grounds of the school;

(i) order and distribute school books from the department and promptly collect and transmit to the department all money payable on account of those books;

(j) subject to this Act, approve the admission of beginners to his or her school under the conditions that are prescribed by his or her school board;

(k) suspend from school a pupil in accordance with the regulations, rules and by-laws of his or her school board and report immediately in writing the facts of the suspension to his or her school board;

(l) attend, where requested by the appropriate superintendent, meetings relating to school matters;

(m) report promptly to his or her school board the apparent outbreak of an infectious or contagious disease in his or her school or an unsanitary condition of the buildings or surroundings;

(n) arrange for regular fire drills in his or her school;

(o) subject to paragraph 18(i), exercise responsible supervision over teaching, timetables, examinations and promotions, methods and general discipline pursued in all the classes and over the conduct of all pupils in his or her school;

(p) deliver to

(i) the minister, or to the person that may be designated by him or her,

(ii) the appropriate superintendent, or

(iii) another person on the written order of that superintendent,

when requested, a school register and other school records and provide information which it may be in his or her power to give respecting anything connected with the operation of his or her school or affecting its interests or condition;

(q) arrange for the regular supervision of pupils on the premises of his or her school; and

(r) subject to section 79, maintain proper order and discipline in carrying out his or her duties, avoiding corporal punishment except when all other methods of enforcing discipline have failed, and then keep a record of all offences and the punishment administered, which records shall be open to inspection by the appropriate superintendent.

RSN1970 c346 s80; 1975 No20 s4; 1983 c43 Sch

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Duties of teachers

75. A teacher in a school shall

(a) hold school regularly in each school day in accordance with this Act;

(b) teach diligently and faithfully all subjects he or she is required to teach;

(c) subject to the Department of Education Act, teach the courses in religious instruction directed by the appropriate denominational authority to be so taught, but pupils whose parents or guardians object in writing to this instruction shall be excused from it;

(d) maintain proper order and discipline in carrying out his or her duties, avoiding corporal punishment except where all other methods of enforcing discipline have failed, and then keep a record of all offences and the punishment administered, which records shall be open to inspection by his or her principal and the appropriate superintendent;

(e) see that the premises and other property of the school are, as far as possible, preserved from damage and injury;

(f) refrain from depriving pupils of a part of a recess period;

(g) arrange for the regular and proper ventilation of his or her classroom;

(h) conduct examinations according to a schedule determined by the principal;

(i) subject to the approval of the principal, arrange for the promotion of students qualified for promotion;

(j) at the conclusion of the examinations referred to in paragraph (h), and at other times when directed by his or her school board, send to the parents or guardians of each pupil a report of the pupil's attendance, conduct and progress;

(k) keep records of the admission of new pupils, the withdrawal of pupils, examinations, promotions and the conduct of pupils;

(l) keep a school register in the form prescribed by the minister;

(m) process the record of attendance transferred from another school according to instructions issued by the minister;

(n) comply with all applicable provisions of the School Attendance Act;

(o) attend, when requested by the principal or the appropriate superintendent, all meetings relating to school matters;

(p) report to the principal all children affected by or exposed to contagious diseases;

(q) where directed by the school board through the appropriate superintendent and subject to the agreement referred to in paragraph 11(q) and to all other provisions of that paragraph, admit to his or her classroom for the purpose of observation and practice-teaching a student enrolled in the faculty of education at the Memorial University of Newfoundland and provide that student with the assistance that superintendent may direct;

(r) deliver up a school register or other school property in his or her possession, on the written request of the chairperson of the school board and to a person named in the request, or, in the absence of the chairperson, on the written request of a majority of the members of that school board and to a person named in the request, and, where he or she wilfully refuses to comply with the request, he or she may be suspended by the school board without pay until he or she complies with the request;

(s) deliver to the appropriate superintendent, when requested, or to another person on the written order of that superintendent, the school register and other school records and provide information which it may be in his or her power to give respecting anything connected with the operation of his or her school or otherwise affecting its interests or conditions; and

(t) perform those other duties that are prescribed in the regulations, rules or by-laws of his or her school board.

RSN1970 c346 s81; 1974 No28 s12; 1979 c41 s4

PART VI
CONDUCT OF PUPILS

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Requirements

76. A pupil shall

(a) come to school clean and tidy and be courteous to his or her fellow pupils, obedient to his or her teacher and diligent in his or her studies;

(b) in cases of absence or lateness bring to his or her teacher from a parent or guardian a written reason for the absence or lateness;

(c) not leave school at the end of the day until his or her class has been dismissed;

(d) be subject to the school discipline in going to and returning from school and at all school games and school functions as well as during school hours;

(e) come to school with all necessary text books and other school requisites; and

(f) conduct himself or herself in accordance with the requirements of the regulations, rules and by-laws of the appropriate school board.

RSN1970 c346 s82

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Expulsion of pupils

77. Notwithstanding section 61, where a pupil fails to apply himself or herself to his or her studies or does not comply with the discipline of the school or in respect of whom the principal, for another serious reason, is of opinion that the action should be taken, the principal shall

(a) warn him or her and record the date of the warning and the reason;

(b) inform, by letter, the pupil's parents or guardians that the pupil has been warned;

(c) send a copy of the letter referred to in paragraph (b) to the appropriate superintendent; and

(d) discuss with the pupil's parents or guardians the circumstances giving cause for the warning,

and, where, after a suitable period, the pupil makes no satisfactory effort to reform, the principal shall consult with the appropriate superintendent and, where necessary, their joint recommendation shall be sent to the school board concerned, and where, in the opinion of the school board, expulsion of the pupil is necessary to the proper conduct of the school, the school board may so order, and the order shall be complied with by all persons concerned, but no expulsion of a pupil coming within the limits of compulsory attendance is effective without the written approval of the Director of School Services in the department.

RSN1970 c346 s83; 1974 No28 s13; 1979 c41 s5

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Reconsideration of expulsion of pupil

78. (1) Where a pupil has been expelled under section 77, a parent or guardian of the pupil may, within 30 days after the effective date of the expulsion, request in writing directed to the minister that the expulsion be reviewed, and the minister shall appoint a review board of not less than 3 members, including a member selected for the purpose by the governing body of the Federation of School Boards of Newfoundland or its successor, to carry out an investigation into the circumstances of the expulsion, to review the expulsion, and to make a recommendation upholding or reversing the expulsion, and the minister shall make an order implementing the recommendation, and the order shall be promptly complied with by, and is final and binding on, the school board and all other persons concerned.

(2) The expulsion referred to in subsection (1) remains effective pending compliance with the order of the minister referred to in that subsection.

1974 No28 s14

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Corporal punishment

79. (1) Teachers are permitted to administer corporal punishment in reason and with humanity, but they shall refrain from the use of it, until other means of discipline have been tried, and striking children on the head is forbidden, and corporal punishment shall not be administered to delicate or nervous children.

(2) A teacher shall not administer corporal punishment to a pupil unless a 3rd person, not being a pupil, is present to witness the punishment.

RSN1970 c346 s84

PART VII
FINANCE

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Title to school sites

80. (1) A grant shall not be made for the construction or extension of a public school in a district where the legal title to the site of it is not vested in the school board for that district or in the appropriate denominational authority.

(2) Money shall not be paid to a school board for the construction or extension of a public school unless the site has been approved by the appropriate government departments or agency.

(3) Money shall not be paid for the construction or extension of a public school unless the construction or extension is planned in accordance with all applicable building standards and until the building plans and the site have been approved by an official of the department designated for the purpose by the minister.

RSN1970 c346 s85; 1974 No28 s15; 1979 c41 s6

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Apportionment of money

81. (1) Money provided by the Legislature for the purchase of land and buildings for, and for the erection, extension and equipment of, public schools and for assistance to pupil teachers and industrial education shall be apportioned so that a share shall be set aside for each of the denominations or groups of denominations recognized under this Act and, subject to section 84, 1 share for all other religious denominations represented in the province, and every share shall bear the same ratio to the aggregate of the money that the number of persons of the denomination concerned bears to the total population of the province.

(2) The apportionment procedure set out in subsection (1) does not apply to money that is spent jointly by the governments of Canada and the province for the erection, extension and equipment of public schools in designated native communities and of francophone schools in the province.

(3) No money may be spent under subsection (2) without the approval of the educational councils.

RSN1970 c346 s86; 1979 c41 s7; 1983 c43 Sch; 1988 c12 s3

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Allocation of money

82. (1) Money for the purchase of land or buildings for, or for the erection, extension and equipment of, public schools in the district under its control shall be paid to the appropriate educational council or as that educational council shall direct and shall be allocated and applied by or on behalf of that educational council for the purposes, including the payment of all authorized financial obligations or commitments incurred or made by the denominational authority or a school board of the denomination concerned before July 8, 1988 for the purchase of land or buildings for, or for the erection, extension and equipment of those public schools.

(2) Notwithstanding the other provisions of this Act, where an educational council borrows money from a bank or other person by virtue of the provisions of section 17 of the Department of Education Act for any of the purposes referred to in subsection (1) and gives to that bank or other person an assignment of its rights to money payable under subsection (1) and both the educational council and that bank or other person gives notification of that assignment to the minister, the minister shall pay the money to that bank or other person.

(3) Where there is no appropriate educational council with respect to a denomination, the appropriate money referred to in subsection (1) shall be disbursed by the minister in the manner that the general advisory committee recommends.

RSN1970 c346 s87; 1974 No28 s16; 1983 c43 Sch; 1988 c12 s4

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Money allocated under s.82

83. (1) Money allocated in accordance with section 82 may be expended only for the purpose referred to in that section upon the recommendation of the appropriate educational council through its executive director, subject to the approval of the minister.

(2) Where there is no appropriate educational council, the recommendation under subsection (1) shall be the responsibility of the general advisory committee.

RSN1970 c346 s88; 1983 c43 Sch

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Disposition of money

84. (1) From the money set aside for other denominations in accordance with section 81, the minister shall retain on account of children of other denominations in schools established under section 47 an amount bearing the same ratio to the total set aside as the total enrolment of children of other denominations in those schools bears to the total enrolment of children from other denominations in all the schools of the province, the enrolment in each case to be that of the previous year.

(2) After the minister has complied with subsection (1), from the balance of money remaining for other denominations there shall be paid to each of the recognized denominations or body representing the denomination an amount bearing the same ratio to the total set aside as the total enrolment of children from other denominations in the schools operated by that denomination or body bears to the total enrolment of children from other denominations in all the schools of the province, the enrolment in each case to be that of the previous year.

1974 No28 s17

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Apportionment of grants

85. For the purpose of apportioning and distributing the grants referred to in sections 81 and 82, the population of the several denominations shall be taken as in the latest census figures available on March 31 of the year in which the grants were approved by the Legislature.

RSN1970 c346 s90

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Apportionment of other grants

86. Grants for the operation and maintenance of schools, grants instead of fees, grants for transportation of pupils and for the purpose of school supplies and equipment and other grants for the purpose of or connected with education in schools or colleges, or both, shall be paid to school boards or boards of directors on a non-discriminatory basis and in accordance with scales set out in regulations approved by the Lieutenant-Governor in Council.

RSN1970 c346 s91

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Teachers' salaries

87. (1) The department shall, from money set aside for that purpose by the Legislature, arrange for the payment of salaries of teachers and administrative personnel employed in colleges and schools maintained under this Act, and all those salaries shall be paid in accordance with a scale set out in regulations approved by the Lieutenant-Governor in Council.

(2) The department shall, for 12 consecutive months, beginning with the month of September, before the end of each month, pay to a school board and to the board of directors of a college on account of every teacher and of every principal and of each of the administrative personnel employed by the school board or board of directors an instalment of salary equal to 1/12 of the salary set down in the scale referred to in subsection (1).

(3) The department shall withhold from the payment referred to in subsection (2) in respect of the months of July and August money owed to the government by a person referred to in that subsection.

(4) The department shall, at the end of every month, pay to every teacher and principal employed in schools administered by it 1/12 of the salary set down in the scale referred to in subsection (1).

(5) Notwithstanding the other provisions of this section, the minister may authorize payments of instalments of salaries referred to in this section at intervals shorter than a month.

(6) For the purpose of this Part, "administrative personnel" means persons appointed under the provisions of section 17 or 19.

(7) Subject to the regulations, where a person is employed as a teacher in a school or college who

(a) has attained his or her 65th birthday;

(b) was employed as a teacher for not less than 11 years before he or she reached his or her 60th birthday;

(c) is not receiving a pension under the Teachers' Pensions Act because that Act did not apply to him or her by virtue of section 29 of that Act; and

(d) holds a valid specialist certificate issued under the regulations and teaches as a specialist teacher under that certificate for not less than 3 school sessions each week occurring during the period while school is open,

a grant may, subject to the approval in writing of the Director of School Services in the department, be made from money provided by the Legislature towards the salary of that teacher not exceeding the amount which would, but for section 29 of the Teachers' Pensions Act, have been paid to him or her by way of pension under that Act, but the approval of the Director of School Services for the employment in a school year of a person referred to in this subsection shall not be valid, unless that person, before he or she commences teaching in that school year, provides a certificate of good health satisfactory to the Director of School Services.

RSN1970 c346 s92; 1975 No20 s5; 1979 c41 s8

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Summer instalments of salary

88. (1) Instalments of salary payable by the department under section 87 shall not, except with the approval of the deputy minister, be paid to a teacher in a college or school until an annual return in respect of that college or school has been furnished in accordance with this Act.

(2) Where the annual return referred to in subsection (1) shows that a teacher has not taught school for the number of days required by section 53 to constitute a school year, then the amount of salary paid that teacher in respect of that year shall bear the same proportion to the salary under the scale as the number of days taught bears to the number of days so required to constitute a school year, and the necessary deductions shall be made from the amounts to be paid that teacher from the department by way of salary.

(3) Where a teacher, with the approval of his or her employer, vacates a teaching position during the school year, then the balance of salary to be paid the teacher shall be such that his or her total salary for the period taught shall bear the same proportion to the salary due under the scale as the number of days taught bears to the number of days required to constitute a school year in section 53.

(4) Where a teacher or any of the administrative personnel dies during a month of the school year, then the salary of that person is payable for the whole of the month, and, for purposes of subsection (2), the number of school days from the date of his or her death to the end of the month during which he or she died shall be considered to be days during which he or she taught.

(5) When a salary is payable by the department, a board of directors or a school board, in respect of a teacher or any of the administrative personnel who has died, and the amount so payable does not exceed $1,500, probate or other proof of title of the personal representative of the deceased person may be dispensed with for the purpose of paying and obtaining a discharge of the debt represented by that salary, and the amount so payable may be paid or distributed to or among the persons appearing to the minister to be the persons beneficially entitled to the estate of the deceased person or to or among 1 or more of those persons, and in determining the persons to whom or the proportion in which the amount so payable shall be paid or distributed, the minister may have regard to payments made or expenses incurred by those persons for the burial expenses of the deceased person, and a payment made in accordance with this subsection has the same effect in law as if it were made to the executor or administrator of the deceased person.

RSN1970 c346 s93

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Adjustment and recovery

89. The department may make payment in adjustment of the salary of a teacher or the administrative personnel which is payable by the department or an instalment of a grant in respect of that person's salary which was short paid, and where an overpayment of that salary or instalment was made, the department may reduce or withhold future payments until the amount overpaid is recovered.

RSN1970 c346 s94

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Provision for deduction of income tax

90. The department may deduct monthly from that part of the instalment of a grant payable to a board of directors or a school board in respect of the salary of a teacher or of the administrative personnel or from a salary payable by the department to that person an amount due by that person as income tax imposed under a statute of Canada or of the province and may pay that amount to the authority authorized by law to collect it.

RSN1970 c346 s95

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Method of payment of grants

91. All grants of money under this Act shall be made in accordance with this Act and the regulations, and all payments shall be made in accordance with the method of payment provided by the Financial Administration Act and the regulations made under that or another Act.

RSN1970 c346 s96

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Balances of appropriations

92. (1) All balances of appropriations for educational purposes, the expenditure of which is under the direction and control of the deputy minister, being to the credit of the appropriations on March 31 in a year shall be paid into the Consolidated Revenue Fund at the time set down under the Financial Administration Act for the closing of the appropriation accounts for the financial year ending on that date.

(2) The balance of money apportioned under section 81 to a denomination recognized under this Act which is not required by that denomination may, upon the recommendation of the appropriate educational council through its executive director representing that denomination, be transferred to the credit of another denomination recognized under this Act, but money so transferred may not be used by the denomination to the credit of which they were transferred for a purpose other than the purpose for which the money was voted by the Legislature.

(3) Where there is no appropriate educational council representing a denomination, the recommendation under subsection (2) shall be the responsibility of the general advisory committee.

RSN1970 c346 s97; 1983 c43 Sch

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Time of payment

93. The total amount of appropriations, the expenditure of which is not under the direction or control of the deputy minister, shall be paid to the person entitled before April 1 in the financial year for which they are payable.

RSN1970 c346 s98

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Assessments

94. (1) A school board may prescribe an assessment to be charged in respect of each pupil attending its schools, or of the family having pupils attending its schools, and that assessment shall be paid by the parents or other persons having the legal custody of that pupil.

(2) Except with respect to pupils coming from outside the appropriate school tax area, subsection (1) does not apply in respect to a school in an area of the province where school tax under the School Tax Act is imposed for the purpose of being distributed to the school board conducting that school.

RSN1970 c346 s99

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Regulations

95. (1) Notwithstanding section 94, the Lieutenant-Governor in Council may, upon the recommendation of the minister, make regulations prescribing the purpose for and the conditions under which money raised by means of assessments imposed under section 94 shall be applied.

(2) Regulations made under subsection (1) shall provide for

(a) the financing of the construction of new schools, the enlargement of existing schools or the equipping of existing or new schools;

(b) the provision of salaries for special teachers or staff in respect of whom salaries are not provided out of public funds; or

(c) the augmentation of the salaries provided out of public funds for teachers,

but the money may, subject to regulations made under subsection (1), be applied to liquidate indebtedness incurred in respect of the matters referred to in paragraphs (a) to (c).

(3) Notwithstanding subsection (2), where the minister believes that exceptional circumstances exist, he or she may make an order

(a) authorizing and empowering a specified school board to apply the money raised by means of assessment under section 94 as the order may specify for a purpose specified in the order and which purpose is not referred to in subsection (2); and

(b) prescribing conditions under which the application referred to in paragraph (a) may be made,

and the money shall not be applied contrary to that order.

(4) No school fees shall be charged and no other charges shall be imposed in public schools for a purpose other than the assessment referred to in section 94 and other charges made with the prior approval in writing of the minister.

(5) The prohibition contained in subsection (4) does not apply with respect to rentals or other charges for the use of classrooms, auditoria, gymnasia and other similar facilities outside school hours to fees for public examinations, to charges for lunches supplied to pupils during school hours and to charges for other services provided outside school hours.

RSN1970 c346 s100

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Assessments payable in advance

96. All assessments imposed under section 94 are payable in advance and at the time during the school year that may be prescribed by the school board, and, when paid, the assessments are the property of the school board, subject to compliance with section 95.

RSN1970 c346 s101

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Recovery of assessments

97. (1) The chairperson of a school board or another member or employee of that school board authorized for the purpose by that school board may recover assessments imposed under this Act in a summary manner before a Provincial Court judge, irrespective of the amount of a claim for assessments, by action in the name of the school board, but nothing in this Act prevents the school board from remitting or allowing an exemption in respect of an assessment or a part of it payable by a person who, because of poverty, would suffer hardship if he or she were required to pay.

(2) A school board may, in the manner prescribed by law, assign to a person debts owing to it by way of assessments imposed under this Act.

RSN1970 c346 s102; 1979 c38 s7

PART VIII
REGULATIONS

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Regulations

98. The Lieutenant-Governor in Council may, upon the recommendation of the minister, make regulations

(a) providing, on a non-discriminatory basis, the method of calculation of and the conditions under which grants in respect of the salaries of teachers in colleges and schools and employees of school boards shall be made, and may, by those regulations, establish a scale of salaries and set different scales in relation to and prescribe the factors governing the determination of different classes of teachers in colleges and schools and employees of school boards and determine the number of teachers in colleges and schools and employees of school boards to or in respect of whom salaries or grants may be paid or allocated and the conditions under which part of a grant may be allocated or paid as a bonus;

(b) providing for the allocation of money voted for maintenance of colleges, and maintenance of and repairs to public schools and for equipment and supplies for those schools and other money for the purpose of or connected with education in schools or colleges, or both;

(c) prescribing the conditions under which paid sick leave and other special paid leave may be granted to teachers and to administrative personnel as defined by subsection 87(6);

(d) providing that every married female teacher or administrator shall, in the circumstances to be specified in the regulations and on the request of the school board or board of directors employing her, take leave of absence without pay for the period, not exceeding that prescribed in the regulations, as that school board or board of directors may consider desirable, and providing that the school board or board of directors may make that request upon the notice to the teacher that may be prescribed in the regulations;

(e) prescribing the terms and conditions upon which money that has been provided by the Legislature for subsidizing the transportation of pupils to and from public schools, vocational schools where pre-vocational courses are given, or a designated class of schools shall be allocated to school boards;

(f) prescribing, for the purposes of elections of members of school boards under section 6,

(i) the procedure for conducting,

(ii) the persons eligible to vote in,

(iii) the persons eligible to be elected by, and

(iv) the time of conducting

those elections, and providing for another matter relating to those elections that appears necessary or desirable to give effect to section 6; and

(g) prescribing the persons who may be eligible for scholarships, the method and selection of winners of scholarships, the conditions under which, the period during which and the university, college or institution of learning at which each of the scholarships will be held, the circumstances under which a scholarship or a portion of it may be withheld from award, vacated or forfeited and the disposition of the scholarship or portion of it which has been so withheld, vacated or forfeited and other matters relating to scholarships.

RSN1970 c346 s103; 1979 c41 s9; 1987 c41 s20

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Coming into force

99. (1) Regulations made under this Act, other than regulations made by a school board under sections 11 and 12, may be made with retroactive effect.

(2) Regulations providing for the increase of the salaries or the advance on the salary scale of teachers or administrative personnel as defined by subsection 87(6) may be made with retroactive effect from a date not earlier than September 1 immediately preceding the date they are made.

(3) Notwithstanding that a salary scale was not set out in the regulations as provided for in subsection 87(1) for certain years, the salary scale included in the collective agreement for those years is considered to be the valid salary scale for those years for the purposes of section 87.

(4) A regulation, rule or by-law made by a school board under section 11 or 12 shall not for the purposes of the Statutes and Subordinate Legislation Act be considered as subordinate legislation.

RSN1970 c346 s104; 1983 c23 s17; 1986 c33 s12

PART IX
PENSIONS AND LEAVE

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Plans for employees of school boards

100. (1) A school board may, either alone or in conjunction with another school board, by regulations made in accordance with subsection (3), establish a plan for employees of that school board providing for

(a) the payment of a pension, annuity, allowance or gratuity to an employee or to the beneficiaries or dependants of the employee on

(i) his or her retirement at a stated age or on account of permanent disability,

(ii) his or her illness or death before or after retirement, or

(iii) the termination for any cause of his or her employment; and

(b) group, life, sickness or accident insurance or other health and welfare benefits for employees; or

(c) the payment or grant of the pensions, annuities, allowances, gratuities, other payments or benefits referred to in paragraphs (a) and (b);

(d) the terms and conditions upon which the pensions, annuities, allowances, gratuities, other payments or benefits referred to in paragraphs (a) and (b) will be paid or granted; and

(e) the payment of contributions towards a plan to be made by the employees to whom it applies, and the amounts of the contributions,

and different pension or other plans may be established for different classes of employees.

(2) Subject to the approval of the Lieutenant-Governor in Council, a school board

(a) shall decide whether the pensions, annuities, allowances, gratuities, other payments or benefits made available under a plan established under this section shall be paid or granted out of the general funds of the school board or in another manner; and

(b) may enter into a contract or undertaking and do all things necessary to give effect to a decision made in accordance with this subsection.

(3) A school board may, subject to the approval of the Lieutenant-Governor in Council, make regulations

(a) providing for the matters referred to in subsection (1);

(b) prescribing the class of persons to which a pension or other plan established under this section shall apply, with or without giving to the members of that class the right exercisable, within a period to be prescribed in the regulations, to elect to be excluded from the plan;

(c) providing for counting towards the credit of a person under a pension or other plan all or a part of the service done by that person

(i) as an established or unestablished civil servant as defined by The Civil Service Act,

(ii) in another capacity approved for the purpose by the Lieutenant-Governor in Council,

and prescribe the terms and conditions upon which the service may be counted;

(d) providing that a pension or other plan shall take effect retroactively; and

(e) generally, to give effect to the purpose of subsection (1).

RSN1970 c346 s105

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Inclusion in government pension plan

101. Notwithstanding section 100, the Lieutenant-Governor in Council may by regulation include in the pension plan under the Public Service Pensions Act an employee or class of employees of a school board and prescribe the terms and conditions upon which prior service with a school board or in another capacity approved for the purpose by the Lieutenant-Governor in Council may be counted as pensionable service under that Act and may provide for related matters, including providing that the school board, in return for the right of having the employee or class of employees participate in the pension plan, shall contribute to the pension plan the money and at the time and in the manner that the Lieutenant-Governor in Council prescribes, and all employees of a school board so included shall be considered to be employees under that Act for the purposes of paying contributions to and participating in the pension plan.

RSN1970 c346 s106

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Inclusion in teachers' pension plan

102. Notwithstanding section 100, the Lieutenant-Governor in Council may by regulation consider as a teacher under the Teachers' Pensions Act, an employee or class of employees of a school board and prescribe the terms and conditions upon which prior service with a school board or in another capacity approved for the purpose by the Lieutenant-Governor in Council may be counted as pensionable service under that Act and may provide for related matters, including providing that the school board, in return for the right of having the employee or class of employees participate under the Act, shall contribute to the department for the purposes of the Act the money and at the time and in the manner that the Lieutenant-Governor in Council prescribes, and all employees of a school board so included shall be considered to be teachers under that Act, including the payment of premiums.

RSN1970 c346 s107

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Regulations

103. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may make regulations

(a) providing for the granting; and

(b) prescribing terms, conditions and restrictions respecting, and otherwise regulating the granting and taking

of leave of absence, including annual leave, sick leave, special leave with pay and special leave without pay, respecting employees of school boards or a class of them, and different regulations may be made for different employees of school boards and different classes of employees of school boards.

(2) The expression "employees of school boards" includes superintendents and assistant district superintendents who for purposes of leave of absence shall not be considered as teachers.

RSN1970 c346 s108

PART X
GOVERNMENT INSPECTION OF COLLEGES AND SCHOOLS

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Inspection of college and school buildings

104. Subject to the approval of the Lieutenant-Governor in Council, the minister may arrange with the Minister of Health for the inspection of all college and school buildings in the province by officials from the Department of Health.

RSN1970 c346 s109

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Appointment of regional superintendents

105. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may appoint to the staff of the department inspectors of colleges and schools and assign to an inspector a specified area of the province in which he or she shall have jurisdiction for the purposes of this Act.

(2) Each inspector appointed under this section shall be known as a regional superintendent, shall reside in the area over which he or she has jurisdiction and shall visit and inspect all colleges and schools in that area.

(3) The minister may appoint, to assist a regional superintendent appointed under this section, those teacher consultants and other specially trained personnel that the minister considers necessary.

RSN1970 c346 s110

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Duties of superintendents

106. The duties of a regional superintendent shall be to

(a) act as liaison between the department and boards of directors and school boards;

(b) advise the superintendents in his or her area of jurisdiction with respect to the organization of education in their districts and in developing an educational program for the schools in their districts;

(c) ascertain whether the colleges, schools, boards of directors and school boards in his or her area of jurisdiction are complying with all applicable Acts and regulations of the province and report to the minister;

(d) evaluate the progress of education in his or her area of jurisdiction;

(e) encourage superintendents, principals and teachers in his or her area of jurisdiction to raise the standard of instruction in their colleges and schools;

(f) assist the department in developing curriculum; and

(g) perform those other duties that may be assigned to him or her by the minister.

RSN1970 c346 s111

 

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Schedule

The names and boundaries of the educational districts are arranged according to religious denomination or group of religious denominations as follows:

Part I: The Integrated Districts (for group composed of Anglican Church of Canada, United Church and Salvation Army religious denominations);

Part II: The Roman Catholic Districts;

Part III: The Pentecostal Assemblies of Newfoundland District;

Part IV: The Seventh Day Adventists District; and

Part V: The Presbyterian District

PART I

The Integrated Educational Districts

No. District and Boundary

1. ST. ANTHONY

St. Anthony District shall include the area bounded by a line commencing at Big Brook inclusive and extending along the coast to Northern Bay in Hare Bay and then to Big Brook.

2. FLOWER'S COVE

Flower's Cove District shall include the area bounded by a line commencing at Eddy's Cove West inclusive and extending to Blanc Sablon in Southern Labrador, and then along the coast to Chateau Bay, and then across the straits to Big Brook exclusive, and then to Northern Arm and then around the coast to Canada Harbour exclusive and then to the point of commencement.

 

3. DEER LAKE

Deer Lake District shall include the area bounded by a line commencing at south Brook, inclusive, and extending in a northerly direction to Bonne Bay Big Pond, and then to Little Coney Arm, and then to Pumbley Cove, exclusive, and then in a southerly direction to Mizzentopsail, and then in a southwesterly direction to Notched Mountain and then to the point of commencement.

4. SPRINGDALE

Springdale District shall be bounded by a line commencing at Mizzentopsail and extending in a northerly direction to Pumbley Cove inclusive and from then around the coast to Locke's Harbour, exclusive and from then to Gull Pond and then to the point of commencement.

5. GRAND FALLS

Grand Falls District shall include the area bounded by a line commencing at Mizzentopsail and extending southwestward to Notched Mountain, from then southeastward to Lake Ambrose, from then eastward to Sunday Lake, then to Jumper's Brook and continuing around the coast to Locke's Harbour inclusive and then to Gull Pond and then to the point of commencement.

6. LEWISPORTE

Lewisporte District shall be bounded by a line commencing at Sunday Lake, and extending to Jumper's Brook and then around the coast to Boyd's Cove exclusive encompassing both New World Islands, Twillingate Island, and Change Islands, and then to the mouth of the Gander River, and then in a straight line to the point of commencement.

 

 

7. GANDER

Gander District shall include the area bounded by a line commencing at Sunday Lake and extending to the mouth of Gander River and then to Boyd's Cove inclusive and then around the coast to Anchor Point, including Fogo Island, and then to Wings Pond and then around the coast to Port Blandford exclusive and then to the point of commencement.

8. CAPE FREELS

Cape Freels District shall include the area bounded by a line commencing at Wings Pond and extending to Anchor Brook and then around the coast to Lockyer's Bay and then to the point of commencement.

9. RANDOM

Random District shall be bounded by a line commencing at Port Blandford inclusive and extending around the Bonavista Peninsula to Chance Cove exclusive, and from then continuing in a southwesterly direction to Sandy Harbour and from then in a northeasterly direction to Piper's Hole and then to the point of commencement.

10. TRINITY-CONCEPTION

Trinity-Conception District shall be bounded by a line commencing at Chance Cove inclusive and extending around the coast to Holyrood inclusive, from then in a southwesterly direction to Great Barrisway, and then in a northwesterly direction to Piper's Hole and then to the point of commencement.

11. ST. JOHN'S

St. John's District shall be bounded by a line drawn from Holyrood exclusive around the peninsula to Great Barrisway, and then to the point of commencement.

 

12. BURIN

Burin District shall be bounded by a line commencing at Sandy Harbour and extending around the Burin Peninsula to English Harbour East, then to Piper's Hole and then to the point of commencement.

13. BAY D'ESPOIR

Bay D'Espoir District shall include that area bounded by a line drawn from English Harbour East along the coast to Cape La Hune, from there to Round Pond, and then to Piper's Hole, and from there to the point of commencement.

14. CHANNEL-PORT AUX BASQUES

Channel-Port aux Basques District shall include that area bounded by a line extending from Cinq Cerf Bay around the coast to St. David's exclusive and from there to Cinq Cerf Bay.

15. CORNER BROOK

Corner Brook District shall be bounded by a line commencing at St. David's inclusive and proceeding around the coast to Chimney Cove exclusive, from there in an easterly direction to Bonne Bay Big Pond, from there in a southerly direction to South Brook exclusive, continuing in the same general direction to Cormack's Lake and from there in a westerly direction to the point of commencement.

16. BONNE BAY

Bonne Bay District shall be bounded by a line commencing at Chimney Cove inclusive and extending along the coast to Eddy's Cove West exclusive, then to Coney Arm, then to Bonne Bay Big Pond and then to the point of commencement.

 

17. LABRADOR WEST

Labrador West District shall include the area bounded by a line commencing at Chateau Bay and extending westerly to the Quebec-Labrador boundary and then along the boundary to Knob Lake and then in a straight line to Churchill Falls exclusive and then to the point of commencement.

18. LABRADOR NORTH

Labrador North District shall include the area bounded by a line commencing at Knob Lake and extending along the Labrador-Quebec border to Cape Chidley and then along the coast to Chateau Bay and then in a straight line to Churchill Falls inclusive and then to the point of commencement.

19. BURGEO

Burgeo District extends from Cinq Cerf Bay to Red Island.

20. RAMEA

Ramea District comprises the mainland and islands from Cape La Hune to Red Island both exclusive.

PART II

The Roman Catholic Educational Districts

No. District and Boundary

1. BAY ST. GEORGE

Bay St. George Educational District shall include that part of the province from Channel-Port aux Basques extending in a northeasterly direction to Howard's and then southwesterly to Noel's Pond exclusive.

 

2. BURIN PENINSULA

Burin Peninsula Educational District shall include all the places on the Burin Peninsula and in that part of Placentia Bay including Little Paradise, Great Paradise, Darby's Harbour, Monkstown, Chandler's Harbour, Petite Forte, Oderin and all islands in Placentia Bay exclusive of Long Island, Iona Island, South Island, Bar Haven, Woody Island, Ragged Island, John de Gaunt, Merasheen Island, Red Island, Port Royal and Isle Valen and exclusive of that part of the Burin Peninsula extending to St. Bernard's inclusive to Terrenceville inclusive.

3. CONCEPTION BAY CENTRE

Conception Bay Centre Educational District shall extend from Colliers Ridge inclusive to Indian Pond in the Electoral District of Harbour Main and shall also extend along the railway line from Placentia Junction inclusive to Whitbourne inclusive and from St. George's Cove, Trinity Bay, along the coastline to Turk's Cove inclusive.

4. CONCEPTION BAY NORTH

Conception Bay North Educational District shall extend from Colliers Ridge exclusive to Grate's Cove and then to Turk's Cove exclusive.

5. CONCHE

Conche Educational District shall extend from Partridge Point exclusive in a northerly and westerly direction to Open Bay and then in a straight line to Hampden and including all islands within those limits.

6. EXPLOITS VALLEY

Exploits Valley Educational District shall extend from Kitty's Brook, exclusive, to Norris Arm inclusive and from Badger Bay, inclusive, to Hampden and shall include the towns of Buchans, Grand Falls, Windsor, Bishop's Falls and Botwood and the settlements of Buchans Junction, Millertown, Millertown Junction, Fortune Harbour, Black Island, St. Patrick's and Little Bay.

7. FERRYLAND

Ferryland Educational District shall extend from the South Head of Petty Harbour and include all settlements to Peter's River exclusive.

8. GANDER-BONAVISTA

Gander-Bonavista Educational District shall extend from Norris Arm exclusive southerly to Clarenville and then along the coastline in a general northerly direction to Cape Bonavista and then following the coastline in a general northerly and westerly direction to Norris Arm and including Fogo Island and St. Brendan's and all islands in those limits.

9. HUMBER-ST. BARBE

Humber-St. Barbe Educational District shall extend from Howley inclusive to Howard's exclusive and then to the mouth of the Serpentine River extending along the coastline to Flower's Cove inclusive and then southeasterly to Hampden exclusive and then to Kelly's Brook exclusive and then to Glenwood exclusive and shall include all that area from Channel-Port aux Basques exclusive along the southern coastline to St. Bernard's inclusive.

10. LABRADOR

Labrador Educational District shall comprise the total area of Labrador.

11. PLACENTIA EAST

Placentia East Educational District shall extend from Branch inclusive southward to Cape St. Mary's and northward to include all places on the eastern side of Placentia Bay up to and including Come By Chance and from there shall extend westward to include all places on the western side of Placentia Bay to Little Paradise exclusive, including Long Island, Iona Island, Sound Island, Woody Island, Ragged Island, John de Gaunt, Merasheen Island, Bar Haven Island, Red Island, Port Royal, Isle Valen and all other islands within those limits.

12. PORT AU PORT DISTRICT

Port au Port District Educational District shall extend from Noel's Pond inclusive to Cape St. George to the mouth of the Serpentine River and then in a southeasterly direction to Howard's exclusive and shall not include that part of the Port au Port Peninsula which extends from a line drawn through the centre of Gravel Beach to Ship Cove exclusive and Picadilly exclusive.

13. PORT AU PORT WEST

Port au Port West Educational District shall extend from a line drawn through the centre of Gravel Beach to Ship Cove, exclusive, and Picadilly, exclusive.

14. ST. JOHN'S

St. John's Educational District shall extend from Indian Pond exclusive in the Electoral District of Harbour Main northward to Cape St. Francis and then southward to the south head of Petty Harbour, then inland to Indian Pond exclusive in the Electoral District of Harbour Main and shall include Bell Island.

15. ST. MARY'S BAY

St. Mary's Bay Educational District shall extend from North Harbour to the Head and southward to include all settlements to Peter's River and Middle Gut inclusive.

PART III

The Pentecostal Assemblies of Newfoundland Educational District

The district for the Pentecostal Assemblies of Newfoundland shall comprise the whole of the province.

PART IV

The Seventh Day Adventists Educational District

The district for the Seventh Day Adventists shall comprise the whole of the province.

PART V

The Presbyterian Educational District

The district for the Presbyterian religious denomination shall comprise the whole of the province.

RSN1970 c346 Sch

©Earl G. Tucker, Queen's Printer