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Second
Session, 50th General Assembly 1 Charles III, 2022 |
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AN ACT TO AMEND THE
SCHOOLS ACT, 1997 |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE JOHN HAGGIE Minister of Education |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Schools Act, 1997 to · provide that trustees of a board shall be appointed by the Lieutenant-Governor in Council; · replace references to "director" with "superintendent" in relation to boards; · remove the requirement for a board to appoint an associate director and assistant directors; · establish the Provincial Advisory Council on Education; · expand the ability of a board to admit to a school students enrolled in teacher training programs and other education-related programs for the purposes related to those programs; · update the powers of a board to require employees to undergo assessments by medical practitioners, registered psychologists or other professionals approved by the board; · update and modernize language to meet current practices; · replace references to "Trial Division" with "Supreme Court"; and · incorporate gender-neutral language. A BILL AN ACT TO AMEND THE SCHOOLS ACT, 1997 Analysis 1.
S.2 Amdt. 2.
S.3 Amdt. 3.
S.5 Amdt. 4.
S.7 Amdt. 5.
S.9 Amdt. 6.
S.12 Amdt. 7.
S.15 Amdt. 8.
S.16 R&S 9.
S.17 Amdt. 10.
S.18 Amdt. 11.
S.19 Amdt. 12.
S.20 Amdt. 13.
S.21 Amdt. 14.
S.22 Amdt. 15.
S.25 Amdt. 16.
S.29 Amdt. 17.
S.32 Amdt. 18.
S.33 Amdt. 19.
S.35.1 Amdt. 20.
S.36 Amdt. 21.
S.37 Amdt. 22.
S.41 R&S 23.
S.46 Amdt. 24.
S.51 Amdt. 25.
S.53 R&S 26.
S.54 Rep. 27.
Ss.58 to 59.1 Rep. 28.
S.60 R&S 29.
S.63 Amdt. 30.
S.65 Amdt. 31.
S.67 Amdt. 32.
S.68 Amdt. 33.
S.69 Amdt. 34.
S.71 Amdt. 35.
S.72 Amdt. 36.
S.75 Amdt. 37.
S.76 Amdt. 38.
S.79 R&S 39.
S.80 R&S 40.
S.81 Amdt. 41.
S.82 R&S 42.
S.92 Amdt. 43.
S.93 Amdt. 44.
S.95 Amdt. 45.
S.95.2 R&S 46.
S.95.3 Added 47.
S.97 Amdt. 48.
S.101.1 and 101.2 Added 49.
S.103 Amdt. 50.
S.110 Amdt. 51.
S.110.1 Added 52.
S.111 Amdt. 53. Part V.1 Added PART
V.1 54.
S.118 Amdt. 55. RSNL1990 cT-2 Amdt. 56. SNL2018 cT-4.01 Amdt. 57. CNLR 1134/96 Amdt. 58. NLR 74/15 Rep. 59. Transitional Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL1997 cS-12.2 1. (1) Paragraph 2(a) of the Schools Act, 1997 is repealed and the following substituted: (a) "assistant director" means an assistant director appointed by the conseil scolaire
under section 110; (2) Paragraph 2(a.1) of the Act is repealed. (3) Paragraph 2(b) of the Act is repealed and the following substituted: (b) "board" means a school board constituted under section 53 and shall, as
the context requires, mean the board having jurisdiction over a school or a
student attending a school in the district of that board; (4) Section 2 of the Act is amended by adding immediately after paragraph (b) the following: (b.1) "cohabiting partner" means a person with whom a trustee is living in a conjugal relationship outside of marriage; (5) Paragraph 2(e) of the Act is repealed and the following substituted: (e) "director" means a director appointed by the conseil scolaire under section
110; (6) Paragraph 2(j) of the Act is amended by deleting the reference "Medical Act" and substituting the reference "Medical Act, 2011". (7) Subparagraph 2(l)(ii) of the Act is amended by deleting the reference "Adoption of Children Act" and substituting the reference "Adoption Act, 2013". (8) Subparagraph 2(l)(iv) of the Act is amended by deleting the words "his or her" and substituting the words "the person’s". (9) Section 2 of the Act is amended by adding immediately after paragraph (n) the following: (n.1) "provincial advisory council" means the provincial advisory council on education established under section 116.1; (10) Section 2 of the Act is amended by adding immediately after paragraph (o) the following: (o.1) "registered psychologist" means a registered psychologist as defined in the Psychologists Act, 2005; (11) Section 2 of the Act is amended by adding immediately after paragraph (s) the following: (s.1) "senior management official" means the superintendent and an individual appointed by a board under subsection 79(2); (s.2) "spouse" means (i) a person to whom a trustee is married, unless the person and the trustee have made a separation agreement or their support obligations and family property have been dealt with by a court order, and (ii) a cohabiting partner; (12) Section 2 of the Act is amended by adding immediately after paragraph (u) the following: (u.1) "superintendent" means the superintendent of schools appointed under subsection 79(1); (13) Paragraph 2(v) of the Act is repealed and the following substituted: (v) "teacher" means a person who has a valid certificate or licence issued
under the Teacher Training Act and, notwithstanding paragraph
(g), includes emergency supply but does not include a director, an assistant
director or a senior management official; and (14) Paragraph 2(w) of the Act is repealed and the following substituted: (w) "trustee" means a person who is (i) appointed to a board under section 53, (ii) elected or appointed to the conseil scolaire under section 95, or (iii) appointed to the conseil scolaire under section 96. 2. Subsection 3(3) of the Act is amended by deleting the words "he or she" and substituting the words "the person". 3. Paragraph 5(c) of the Act is amended by deleting the words "the director" wherever they appear and substituting the words "the superintendent or the director". 4. Paragraph 7(b) of the Act is amended by deleting the words "the director" and substituting the words "the superintendent or the director". 5. Section 9 of the Act is amended by deleting the words "his or her" and substituting the words "the individual’s". 6. Subsection 12(9) of the Act is amended by (a) deleting the words "he or she" and substituting the words "the person"; and (b) deleting the words "his or her" and substituting the words "the person’s". 7. Subsection 15(2) of the Act is repealed and the following substituted: (2) A parent of a student who moves within the
province or into the province shall present the student for enrolment in a
school within one week of the move. 8. Section 16 of the Act is repealed and the following substituted: Attendance 16. A parent of a child shall ensure that the child attends
school unless the child is excused from attendance under this Act. 9. Subsection 17(1) of the Act is repealed and the following substituted: Offence 17. (1) A parent of a child who neglects or refuses to enrol the
child in school or does not make every reasonable effort to ensure that the
child attends school is guilty of an offence. 10. (1) Subsection 18(1) of the Act is repealed and the following substituted: Duty to report 18. (1) A person who has reason to believe that (a) a child who is
required to be enrolled under section 15 is not enrolled; or (b) a child who is
receiving instruction under section 6 is not receiving instruction in
accordance with this Act, shall report that belief to the superintendent or, in the case of a French first language school, to the director. (2) Subsection 18(2) of the Act is amended by deleting the word "director" and substituting the words "superintendent or the director". 11. (1) Subsection 19(1) of the Act is repealed and the following substituted: Regular attendance 19. (1) A teacher, a principal, the superintendent and the director
shall make every reasonable effort to secure the regular attendance of students
at school. (2) Subsection 19(2) of the Act is amended by deleting the word "director" and substituting the words "superintendent or, in the case of a French first language school, to the director". (3) Subsection 19(3) of the Act is repealed and the following substituted: (3) Where the
superintendent or the director receives a report under subsection (2) and is
satisfied that every reasonable effort has been made to have the student return
to regular attendance and these efforts have been unsuccessful, the
superintendent or the director shall refer that matter for investigation to the
nearest detachment of the Royal Newfoundland Constabulary or of the Royal
Canadian Mounted Police. 12. (1) Subsection 20(2) of the Act is repealed and the following substituted: (2) A parent of a student attending school may request that a teacher, the superintendent or, in the case of a French first language school, the director consult with the parent with respect to the student's education program and that teacher, the superintendent or the director shall comply with that request unless the request is unreasonable in terms of frequency or other circumstances. (2) Subsection 20(3) of the Act is repealed and the following substituted: (3) A teacher, the superintendent or the director may request that a parent of a student consult with the teacher, the superintendent or the director with respect to that student's education program and that parent shall comply with that request. 13. Subsection 21(1) of the Act is amended by deleting the words "his or her" and substituting the words "the student's". 14. Paragraph 22(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the principal's". 15. (1) Subsection 25(4) of the Act is amended by deleting the words "his or her" and substituting the words "the principal’s". (2) Subsection 25(12) of the Act is amended by deleting the words "he or she" and substituting the words "the member". (3) Subsection 25(14) of the Act is repealed and the following substituted: (14) A principal shall report in writing to the superintendent not later than October 15 of the school year if the principal is unable to establish a school council, and the board, if satisfied that every reasonable effort has been made to establish the school council, may exempt the principal from the obligation to establish a school council or approve a school council for that school year whose composition differs from that required under subsection (2). 16. Subsection 29(1) of the Act is amended by deleting the words "his or her" and substituting the words "the minister’s". 17. Paragraph 32(a) of the Act is amended by deleting the words "him or her" and substituting the words "the teacher". 18. Paragraph 33(d) of the Act is amended by deleting the words "his or her" and substituting the words "the student’s". 19. Subsections 35.1(1) to (3) of the Act are repealed and the following substituted: Refusal to admit 35.1 (1) Where the superintendent or the director is of the opinion
that the presence of a student in a school is detrimental to the physical or
mental well-being of the students or staff, the superintendent or director may
refuse to admit the student to the school. (2) Where the superintendent or the director refuses to admit a student to a school under subsection (1), the superintendent or director shall (a) notify the student
and the student’s parent, in writing, of the refusal and the circumstances
giving cause for the refusal; (b) notify the student’s
parent or, where the student is 19 years of age or older, the student, of the
right to appeal the refusal; and (c) direct the principal
of the school to provide alternate delivery of the educational program for the
student. (3) The superintendent or
the director shall review a decision under subsection (1) at least every 15
days and determine whether the student should be re-admitted to the school. 20. (1) Subsection 36(6) of the Act is repealed and the following substituted: (6) Notwithstanding subsection (5), the superintendent or the director may approve the extension of a period of suspension if the principal can demonstrate that the presence of the suspended student in the school threatens the safety of board or conseil scolaire employees or students or frequently and seriously disrupts the classroom or the school. (2) Subsection 36(7) of the Act is repealed and the following substituted: (7) Where a period of suspension is extended under subsection (6), before reinstating the student, the superintendent or the director may require certification from a medical practitioner or other professional person whom the superintendent or director considers appropriate, that the student no longer threatens the safety of board or conseil scolaire employees or students. (3) Paragraph 36(8)(c) of the Act is amended by deleting the word "director" and substituting the words "superintendent or, in the case of a French first language school, to the director". (4) Subsection 36(9) of the Act is amended by deleting the word "director" and substituting the words "superintendent or the director". (5) Subsection 36(10) of the Act is amended by deleting the word "director" and substituting the words "superintendent or the director". 21. (1) Subsection 37(1) of the Act is repealed and the following substituted: Expulsion 37. (1) Where a student is persistently disobedient or defiant or behaves in a manner that is likely to injuriously affect the proper conduct of the school, the principal shall (a) warn the student and
record the date of and reason for the warning; (b) notify the student's
parent, in writing, that the student has been warned; (c) send a copy of the
notice referred to in paragraph (b) to the superintendent or, in the case of a
French first language school, the director; and (d) discuss with the
student's parent the circumstances giving cause for the warning. (2) Subsection 37(2) of the Act is repealed and the following substituted: (2) Where, after a
reasonable period and consultation with appropriate employees of the board or
the conseil scolaire, it is determined that the student has not made a
satisfactory effort to reform, the principal shall report in writing to the
superintendent or the director and recommend to the superintendent or director
that the student be expelled. (3) Subsection 37(3) of the Act is amended by
deleting the word "director" wherever it appears and substituting the
words "superintendent or the director". (4) Subsection 37(4) of the Act is amended by deleting the word "director" and substituting the words "superintendent or the director". (5) Subsection 37(5) of the Act is repealed and the following substituted: (5) A board or the conseil scolaire may re-admit a student who has been expelled. (6) Subsection 37(6) of the Act is amended by deleting the word "director" and substituting the words "superintendent or the director". 22. Section 41 of the Act is repealed and the following substituted: Prohibition 41. A person shall not (a) disturb or interrupt
the proceedings of a school, a school council, a conseil d'ecole, a board, the
conseil scolaire or the provincial advisory council; (b) loiter or trespass in a school building or on property owned or used by a board or the conseil scolaire; or (c) canvass, sell or offer to sell goods, services or merchandise to a teacher or a student in a school without the approval of the school council or the conseil d'ecole, and if there is no school council or conseil d'ecole, of the board or the conseil scolaire. 23. Section 46 of the Act is amended by deleting the words "his or her". 24. Subsection 51(1) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 25. Section 53 of the Act is repealed and the following substituted: School boards 53. (1) There shall be a school board for each district. (2) Each board is a
corporation. (3) The
Lieutenant-Governor in Council shall appoint the number of trustees to a board
that the Lieutenant-Governor in Council considers appropriate. (4) A trustee shall be appointed for the term set by the Lieutenant-Governor in Council and is eligible for reappointment. (5) Where the term of a trustee appointed under subsection (3) expires, the trustee continues to be a trustee until reappointed or replaced. (6) The Lieutenant-Governor in Council shall appoint,
from among the trustees appointed under subsection (3), a chairperson of the
board. (7) A person shall not be appointed or serve as a trustee where that person (a) is an employee of
the board; or (b) has a contract or
interest in a contract with or for the board. (8) The chairperson, or in the chairperson's absence,
a chairperson elected for that meeting shall preside over meetings of the board
and of the executive committee and shall have the same right to vote as other
trustees. (9) Where a vote is
tied, the question shall be considered as resolved in the negative. 26. Section 54 of the Act is repealed. 27. Sections 58 to 59.1 of the Act are repealed. 28. Section 60 of the Act is repealed and the following substituted: Board to adopt constitution 60. (1) The board first appointed for a school district shall
adopt, not later than 6 months after its appointment, a constitution regarding
its duties and responsibilities but the constitution and an amendment to the
constitution shall not come into force until approved by the minister. (2) The constitution under subsection (1) shall include provisions respecting (a) the date of the
annual meeting of the board; (b) the appointment or
selection of committees considered necessary to the proper functioning of the
board; and (c) duties of the
officers and committees of the board additional to those duties specified in
this Act. (3) Unless otherwise
provided by the constitution of the board, a majority of the trustees of the
board constitutes a quorum. 29. Subsection 63(2) of the Act is repealed and the following substituted: (2) A board shall hold meetings to transact the business of the board not less than 4 times per year. 30. Subsection 65(4) of the Act is amended by deleting the words "him or her with". 31. (1) Subsection 67(1) of the Act is amended by deleting the words "his or her" and substituting the word "the". (2) Subsection 67(3) of the Act is amended by deleting the words "his or her" and substituting the words "the trustee's". 32. (1) Subsection 68(3) of the Act is repealed and the following substituted: (3) For the purpose of subsection (1), a relative of a trustee means (a) a parent, step-parent, spouse, sibling, step-sibling, child, step-child, parent-in-law or sibling-in-law; or (b) a person not referred to in paragraph (a) who resides with the trustee. (2) Subsection 68(4) of the Act is amended by
deleting the words "the electors" and substituting the words
"other individuals". (3) Subsection 68(6) of the Act is repealed and the following substituted: (6) For the purpose of
subsection (5), a relative of a trustee means, in addition to the persons
referred to in subsection (3), a grandchild of the trustee or the trustee's
spouse, a child of the trustee's sibling or step-sibling or a child of the
trustee's spouse's sibling. 33. (1) Subsection 69(1) of the Act is repealed and the following substituted: Disclosure 69. (1) Where a trustee has a conflict of interest under section 68, the trustee shall state that the trustee has that conflict of interest and its nature at the beginning of discussion on the matter in which the conflict of interest exists. (2) Subsection 69(2) of the Act is repealed and the following substituted: (2) Where the trustee who declares a conflict of interest under subsection (1) is the chairperson, the trustee shall vacate the chair for the discussion of the matter in which the conflict of interest exists. (3) Subsections 69(3) and (4) of the Act are amended by deleting the words "he or she" wherever they appear and substituting the words "the trustee". 34. Subsection 71(1) of the Act is repealed and the following substituted: Application to Supreme Court 71. (1) A person who resides in the district may, within 6 weeks of
learning that a trustee may have contravened section 68, apply to a judge of
the Supreme Court to determine if the trustee has contravened section 68. 35. (1) Subsection 72(1) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". (2) Paragraph 72(1)(b) of the Act is repealed and
the following substituted: (b) may, where the contravention has resulted in financial gain to the trustee, require the trustee to make restitution to the person suffering the loss or, where that person is not readily ascertainable, to the board of which the trustee is a current or former trustee. (3) Subsection 72(2) of the Act is repealed and the following substituted: (2) Where a judge of the
Supreme Court determines that a trustee contravened section 68, but was acting
in good faith, the judge shall not declare the office of the trustee vacant
under paragraph (1)(a). 36. (1) Paragraph 75(1)(k) of the Act is repealed and the following substituted: (k) arrange for the bonding of persons employed by the board whose duties include the collecting, receiving or depositing of money belonging to the board; (2) Paragraph 75(1)(m) of the Act is repealed and the following substituted: (m) ensure that the programs or courses of study and the materials prescribed or approved by the minister are followed in the schools under its control; (3) Paragraph 75(1)(t) of the Act is repealed and the following substituted: (t) where arrangements
are made by it for the transportation of students, ensure that (i) all vehicles engaged in carrying students to and from school are in good mechanical condition and have adequate liability insurance, and (ii) an appropriate bus safety program is offered to students who are transported by bus; (4) Paragraph 75(1)(v) of the Act is repealed and the following substituted: (v) admit to a school under its control, at all reasonable times and subject to the terms of an agreement between it and the university offering the program, a student enrolled in a teacher training program for the purpose of observation and the practice of teaching; (5) Paragraph 75(1)(w) of the Act is repealed and the following substituted: (w) admit to a school
under its control, at all reasonable times and subject to the terms of an
agreement between it and a college or institute offering the program, a student
enrolled in an education-related training program approved by the minister for
the purpose of observation and activities associated with the student's program; (6) Paragraph 75(1)(z) of the Act is repealed and the following substituted: (z) immediately inform the minister in writing of a vacancy in the position of a senior management official. 37. (1) Paragraph 76(1)(f) of the Act is repealed and the following substituted: (f) by notice, in writing, require an employee to undergo an examination or assessment the board considers necessary, as arranged or approved by the board, and to submit a certificate acceptable to the board signed by the medical practitioner, registered psychologist or other professional approved by the board setting out the conclusions regarding the examination or assessment; (2) Paragraph 76(1)(g) of the Act is repealed and the following substituted: (g) summarily dismiss an employee who within 14 days from the date of receiving a notice under paragraph (f) has not made a reasonable attempt to obtain the examination or assessment; (3) Paragraph 76(1)(h) of the Act is repealed and the following substituted: (h) where a certificate submitted to a board under
paragraph (f) shows that an employee’s physical or mental health would be
injurious to an employee of the board or the students, direct the employee to
take sick leave or other earned leave or, where the employee has no sick leave
or other earned leave or the sick leave or other earned leave is exhausted,
require the employee to take unpaid leave; (4) Paragraph 76(1)(i) of the Act is repealed and the following substituted: (i) suspend from work, with or without pay, an employee who is charged with an offence that in the opinion of the board would make that employee unsuitable to perform the employee’s duties; 38. Section 79 of the Act is repealed and the following substituted: Superintendent and senior management officials 79. (1) A
board shall, subject to the prior written approval of the minister, appoint a superintendent of schools. (2) A board may, subject to the prior written
approval of the minister, appoint those other senior
management officials it considers necessary to carry out the duties and
responsibilities and exercise the powers of the board. (3) The superintendent referenced in subsection (1) shall be appointed for not more than 5 years, and may be reappointed subject to a satisfactory performance evaluation by the board. (4) A board may terminate the employment of a superintendent, other than for cause, by giving the superintendent 3 months' written notice, and the board shall report the dismissal in writing to the minister immediately upon giving the notice. (5) Notwithstanding that a board may employ a superintendent under this section, a contract of employment between a board and a superintendent shall not be entered into without the prior written approval of that contract by the minister, and a contract of employment entered into without that approval shall be void. 39. Section 80 of the Act is repealed and the following substituted: Duties of superintendent 80. (1) A superintendent shall, under the direction of the board, (a) supervise and direct the staff employed by the board; (b) administer,
supervise and evaluate all education programs and services for the operation of
schools in the district; (c) recruit and
recommend for appointment employees; (d) determine in
accordance with this Act the school that a student shall attend; (e) recommend the
promotion, transfer and termination of employment of employees of the board; (f) develop and
implement a program of supervision and in-service training for employees of the
board; (g) supervise all
schools, property, teachers, and other employees of the board and visit each
school as frequently as feasible and at least once in each school year; (h) determine the
programs for primary, elementary and secondary school grades and develop
policies for promoting students; (i) provide leadership
in evaluating and improving the education program in the district; (j) promote a safe and
caring learning environment for schools in the district; (k) advise the board on
planning for the extension, construction, renovation and repair of buildings; (l) assist the board in
preparing its annual budget; (m) facilitate
communication between the board and employees; (n) attend meetings and
institutes as required by the minister; (o) as required by the
minister, make annual reports to the board and to the department on the
education program in the board's district; (p) be, by virtue of the
superintendent's position, a non-voting member of all board committees and
attend all meetings of the board and the executive committee, except those
meetings or parts of meetings during which matters related directly to the
employment of the superintendent are to be discussed; and (q) perform other duties
required by the board and under this Act.
(2) Notwithstanding
paragraph (1)(g), the superintendent may designate a person to visit a school
on the superintendent's behalf. 40. (1) Subsection 81(1) of the Act is repealed and the following substituted: Suspension by superintendent 81. (1) Where a superintendent is of the opinion that the presence
of an employee is an immediate threat to the welfare of students or an employee
of the board, the superintendent may suspend that employee, with or without
pay, from the performance of the employee's duties. (2) Subsection 81(2) of the Act is amended by deleting the word "director" and substituting the word "superintendent". (3) Subsection 81(3) of the Act is amended by deleting the words "or other person". 41. Section 82 of the Act is repealed and the following substituted: Medical certificate 82. (1) An employee who has been dismissed under paragraph 76(1)(g) shall not accept a position with another board until a certificate of a medical practitioner, a registered psychologist or other professional approved by the board as to the employee’s physical or mental health, has been submitted to, and considered acceptable by the board. (2) An employee required to take leave under paragraph 76(1)(h) shall not return to work until the employee delivers to the board a certificate acceptable to the board signed by the medical practitioner, registered psychologist or other professional approved by the board stating that the employee has recovered sufficiently to return to work. 42. (1) Subsection 92(1) of the Act is amended by deleting the words "a director, an associate director, an assistant director" and substituting the words "a senior management official". (2) Subsection 92(2) of the Act is amended by deleting the words "a director, an associate director, an assistant director" and substituting the words "a senior management official". (3) Subsection 92(3) of the Act is repealed and the following substituted: (3) A board shall not make a payment to an employee as a result of the termination of employment or the abolition of the employee's position except as approved by the minister. (4) Subsection 92(4) of the Act is amended by deleting the words "his or her". 43. (1) Subsection 93(1) of the Act is amended by deleting the words "a director, an associate director, an assistant director" and substituting the words "a senior management official". (2) Subsection 93(2) of the Act is repealed and the following substituted: (2) Where an overpayment of salary or money was made to a senior management official or a teacher employed in a school or a board office, the minister, in consultation with the senior management official or teacher, may reduce or withhold future payment of salary or money until the amount overpaid is recovered. 44. (1) Subsection 95(1) of the Act is repealed and the following substituted: Composition of conseil scolaire 95. (1) The conseil scolaire shall be elected at the time and in the manner directed by the minister subject to the approval of the Lieutenant-Governor in Council, or at the time the minister directs on the recommendation of the conseil scolaire. (2) Subsection 95(4) of the Act is repealed. (3) Section 95 of the Act is amended by adding immediately after subsection (5) the following: (6) Where fewer trustees
are elected to the conseil scolaire than the number required by an order made
under subsection (3), the Lieutenant-Governor in Council shall appoint those
trustees necessary in order to satisfy the order. (7) The trustees shall
elect from among their members a chairperson and other officers, and the
chairperson shall hold office until the next annual general meeting of the conseil
scolaire. (8) The chairperson, or
in the chairperson's absence, the vice-chairperson or a chairperson elected for
that meeting shall preside over meetings of the conseil scolaire and of the
executive committee and shall have the same right to vote as other trustees. (9) Where a vote is
tied, the question shall be considered as resolved in the negative. 45. Section 95.2 of the Act is repealed and the following substituted: Vacancy 95.2 Where a vacancy of a trustee position exists or where a trustee no longer resides in the zone for which the trustee was elected, or the trustee is absent from 3 consecutive meetings of the conseil scolaire without good reason the conseil scolaire shall inform the minister who shall declare that position vacant. 46. The Act is amended by adding immediately after section 95.2 the following: Conseil scolaire to adopt constitution 95.3 (1) The conseil
scolaire shall adopt a constitution regarding its duties and responsibilities
but the constitution and an amendment to the constitution shall not come into
force until approved by the minister. (2) The constitution under subsection (1) shall include provisions respecting (a) the appointment or
selection of a chairperson and other officers of the conseil scolaire; (b) the date of the
annual meeting of the conseil scolaire; (c) a description of the
zones established under section 95.1; (d) the appointment or
selection of committees considered necessary to the proper functioning of the
conseil scolaire; and (e) duties of the
officers and committees of the conseil scolaire additional to those duties
specified in this Act. (3) Unless otherwise provided by the constitution of the conseil scolaire, a majority of the trustees of the conseil scolaire constitutes a quorum. 47. (1) Subsection 97(1) of the Act is repealed and the following substituted: Duties of conseil scolaire 97. (1) The conseil scolaire has, with respect to a French first language school, the same duties as a board under section 75 except for those referred to in paragraphs 75(1)(k), (v) and (z). (2) Section 97 of the Act is amended by adding immediately after subsection (2) the following: (3) The conseil scolaire shall arrange for the bonding of the assistant director of finance and business administration and other persons employed by the conseil scolaire whose duties include the collecting, receiving or depositing of money belonging to the conseil scolaire. (4) The conseil scolaire shall immediately inform the minister in writing of a vacancy in the position of director or assistant director. 48. The Act is amended by adding immediately after section 101 the following: Salaries and other compensation – conseil scolaire 101.1 (1) The minister shall, from money voted for that purpose by the Legislature, arrange for the payment of the salaries of a director, an assistant director and a teacher employed in a French first language school or a conseil scolaire office and all the salaries shall be paid in accordance with scales approved by the Lieutenant-Governor in Council. (2) The conseil scolaire shall not pay
remuneration to a director, an assistant director and a teacher in amounts
greater than those specified under subsection (1). (3) The conseil scolaire shall not make a payment
to an employee as a result of the termination of employment or the abolition of
the employee’s position except as approved by the minister. (4) A person whose employment has been terminated or whose position has been abolished by the conseil scolaire shall not have the right under an agreement, contract or by way of action to claim for a payment as a result of the termination of employment that exceeds that approved by the minister. Adjustments in salary – conseil scolaire 101.2 (1) The
minister may make a payment to adjust the salary of a director, an assistant
director or a teacher employed in a French first language school or a conseil
scolaire office, or pay an instalment of money, where there was insufficient
payment of that salary or money. (2) Where an overpayment of salary or money was made to a
director, an assistant director or a teacher employed in a French first
language school or a conseil scolaire office, the minister, in consultation
with the director, assistant director or teacher, may reduce or withhold future
payment of salary or money until the amount overpaid is recovered. 49. Subsection 103(1) of the Act is amended by deleting the words "his or her" and substituting the words "the principal's". 50. Subsection 110(3) of the Act is amended by deleting the words "him or her" and substituting the words "the director or assistant director". 51. The Act is amended by adding immediately after section 110 the following: Duties of director 110.1 The director of the conseil scolaire has, with respect to a French first language school, the same duties as a superintendent under subsection 80(1) and shall promote cultural identity and French language in French first language schools. 52. (1) Subsection 111(3) of the Act is repealed and the following substituted: (3) Sections 52 to 55,
section 60, sections 75 to 77, section 79, section 80, section 89, sections 91
to 93 and section 120 do not apply to the conseil scolaire or a French first
language school. (2) Subsection 111(4) of the Act is amended by deleting the word "and" at the end of paragraph (b), adding a semi-colon and the word "and" at the end of paragraph (c) and adding immediately after paragraph (c) the following: (d) a superintendent shall be considered to include a reference to the director of the conseil scolaire 53. The Act is amended by adding immediately after section 116 the following: PART V.1 Provincial advisory council 116.1 (1) There is established a provincial advisory council on education which shall advise the minister on matters related to primary, elementary and secondary education, including (a) those matters referred to the provincial advisory council by the minister; (b) regional and local matters that affect primary, elementary and secondary education; and (c) any other educational matters that the provincial advisory council considers necessary to bring to the attention of the minister. (2) Members of the provincial advisory council shall be appointed in accordance with the regulations. (3) Members of the provincial advisory council shall have those powers and perform those duties prescribed in the regulations. (4) Members of the provincial advisory council shall serve without remuneration but may be reimbursed at a rate set in a policy directive of the minister for travel and other expenses reasonably incurred in connection with the work of the provincial advisory council. (5) The minister may establish the terms of reference for the provincial advisory council. 54. Section 118 of the Act is amended deleting the word "and" at the end of paragraph (g) and by adding immediately after paragraph (g) the following: (g.1) respecting the appointment of members of the provincial advisory council; (g.2) prescribing the powers and duties of the provincial advisory council; and RSNL1990 cT-2 Amdt. 55. (1) Paragraph 2(e) of the Teachers' Association Act is repealed. (2) Paragraph 2(f) of the Act is repealed and the following substituted: (f) "school board" means board and conseil scolaire as defined by the Schools Act, 1997; and (3) Paragraph 2(g) of the Act is repealed and the following substituted: (g) "teachers" means persons engaged in a teaching capacity or other
professional capacity relating to education but does not include a director, an
assistant director or a senior management official as defined in the Schools
Act, 1997. SNL2018 cT-4.01 Amdt. 56. Subparagraph 2(w)(ii) of the Teachers' Pensions Act, 2018 is repealed and the following substituted: (ii) a person who holds a
valid and subsisting certificate, grade or licence not lower than the emergency
supply licence issued under the Teacher Training Act and who
is a director, an assistant director or a senior management official as defined
in the Schools Act, 1997; CNLR 1134/96 Amdt. 57. (1) Paragraph 2(1)(i) of the Teacher Certification Regulations published under the Teacher Training Act is repealed and the following substituted: (i) "director" means a director appointed under section 110 of the Schools
Act, 1997; (2) Paragraph 2(1)(o) of the regulations is repealed and the following substituted: (o) "school year" has the meaning assigned to it by the Schools Act, 1997; (3) Subsection 2(1) of the regulations is amended by deleting the period at the end of paragraph (p) and substituting a semi-colon and the word "and", and by adding immediately after paragraph (p) the following: (q) "superintendent" means a superintendent of schools appointed under section 79 of the Schools Act, 1997. (4) Subsection 10(1) of the regulations is amended by deleting the words "director of education" and substituting the words "director or a superintendent". (5) Section 11 of the regulations is amended by deleting the words "director of education" wherever they appear and substituting the words "director or a superintendent". (6) Section 16 of the regulations is repealed and the following substituted: Interim certificates 16. All initial certificates awarded under these regulations shall be valid (a) for an initial
period of teaching of 2 school years; or (b) for a further period
of teaching, not to exceed 2 school years, as approved by the committee upon
the written request of the director or the superintendent, and may after that period
be exchanged for a permanent certificate upon the recommendation of the
director, the superintendent or an authorized person representing an approved
educational institution in which the teacher is employed. NLR 74/15 Rep. 58. The Composition of School Boards Order, 2015 is repealed. Transitional 59. (1) Trustees of a board or the conseil scolaire holding office immediately before the coming into force of this Act shall continue to be trustees of the board or conseil scolaire. (2) A person who is the chairperson or vice-chairperson of a board or the conseil scolaire immediately before the coming into force of this Act shall continue to be the chairperson or vice-chairperson, as applicable. ©King's Printer |