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Statutes of Newfoundland and Labrador 2016
AN ACT TO AMEND THE SCHOOLS ACT, 1997
(Assented to June 7, 2016)
Ss.95.1 & 95.2 Added
6. S.102 Amdt.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. Paragraph 60(2)(c) of the Schools Act, 1997 is repealed and the following substituted:
(c) a description of the zones established under sections 54 and 95.1;
2. (1) Subsection 95(1) of the Act is repealed and the following substituted: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 in the same manner and at the same time as board elections are held under section 53 or at the time the minister directs on the recommendation of the conseil scolaire.
(2) Subsection 95(3) of the Act is repealed and the following substituted:
(3) The number of trustees to be elected, not exceeding 12, shall be set and may be changed by order of the minister on the recommendation of the conseil scolaire.
(3) Subsection 95(5) of the Act is repealed.
3. The Act is amended by adding immediately after section 95 the following:
95.1 For the purpose of ensuring that all parts of the province are represented by trustees, the conseil scolaire shall divide the province into 2 or more zones and shall define the boundaries of those zones.
95.2 Where a vacancy of a trustee position exists or where a trustee no longer resides in the zone for which he or she was elected, or the trustee absents himself or herself from 3 consecutive meetings of the conseil scolaire without good reason the conseil scolaire shall inform the minister who shall declare that position vacant.
4. Section 96 of the Act is repealed and the following substituted:
Replacement of trustees
96. (1) Where
(a) all the trustees of the conseil scolaire are dismissed;
(b) a trustee position is vacant; or
(c) the conseil scolaire does not have a sufficient number of trustees for a quorum,
the Lieutenant-Governor in Council shall
(d) appoint the conseil scolaire or a trustee; or
(e) order that there be an election of the conseil scolaire or of a trustee.
(2) Section 95 applies, with the necessary changes, to the appointment or election of the conseil scolaire or of a trustee under this section.
5. Subsection 98(2) of the Act is repealed and the following substituted:
(2) The conseil scolaire may, subject to the approval of the minister, establish procedures for and conduct elections to the conseils d'ecole.
6. Subsection 102(10) of the Act is repealed and the following substituted:
(10) The election of members to a conseil d'ecole shall be held at the same time as elections of the conseil scolaire are held under section 95 or at the time the minister directs on the recommendation of the conseil scolaire and the term of office of a member elected to a conseil d'ecole shall be the same as that of a trustee.
7. Paragraph 118(1)(c) of the Act is repealed and the following substituted:
(c) respecting the election and appointment of trustees, including the qualifications of persons to vote and to be elected as a trustee;
8. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.