Bill 67 — A Bill To Amend the School Act (Legislature 15, Session 3)

L15 S3 1371

Alberta — Bills

Ii No. 67 3rd Session, 15th Legislature, Alberta 14 Elizabeth II BILL 67 A Bill to amend The School Act HON. MR. McKINNON Printed by L. S. WALL, Printer <to the Queen's Most Excellent Majesty, Edmqnton, Alberta, 1966

Explanatory Note I. This Bill amends

chapter 297 of the Revised Statutes.

Section 5 reads: s. (1) Any portion ot the Province. on peUtlon of th~ fNdc14tnta thHt'M, ma)' bi' established ns a public school distrlt-t, If (

a) It d~8 not exc('ed four mileA In length or In breadth. oxelu8\,le o( ml'" allowances, (

b) tt contains (

I) lour pl'rtmns Ill'lUlally r(,Nident th ... r .... ln who on the ,,·stab· lIshlmmt of the dhstrlct would bl! liable to as..'lessmertt or who hold lands un(ler It homt)Htt'ac1. eulUvaUoll or grazlnlr It·mu·, laucd Unt)'·' th~ l,royl!donK ot Tht· PubUc Lands Act. and (II) elKht children not younKer than fl\'e nor older than six teen )'ears 01 aire-, nnd C t.") th~ bound~\rle8 and name of the proposed district have been Rpproved by the Minister.

(2) In a speclnl CBBt! tht! Minister may permU a district to .·xceed lour mil .... lC In length or In breadth or In both. The

section is no longer required because the procedures are no longer applicable. 3. This change now allows any three residents in any portion of the Province to take proceedings to have an area designated as a public school district. This is consequential to the repeal of

section

Section 6, subsection (

I) presently reads: S. (

I) An}' thr(o(' rt>!'ldent!« In an)' !luch portion 01 the Province may p4.·tltlou tbtl lUnlll14·r to .·!(tllbllsh Ihul I)ortton all n school dlstrlet.

Section 22, subsection (

I) presently reads: 22. (I) ,'hf' boords or two or more non·dh·hdonnl districts that Aro not less than thirty nor more than eighty square miles in area may RPI)ly to tbe> l\lInh~tpr for thl:' form:ltion of Ih" dlllltricl. Into a con801l dnt~d school dlstrlt't. The limitation deleted here is no longer necessary or practical because of modern transportation facilities. 5. Establishment of regional high school districts.

BILL No. 67 of 1966

An Act to amend The School Act (Assented to , 1966) HEn MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The School Act is hereby amended.

Section 5 is repealed.

Section 6 is am,ended by striking out subsection (1) and by substituting the following: 6.

(1) Any three residents in any portion of the Province may petition the Minister to establish that portion as a public school district.

Section 2,2, subsection (1) is amended by striking out the words "tha t are not less than thirty nor more than eighty square miles in area". 5. The following heading and sections are added after

section 46: Regional HighSchool Districts 4&.

(1) For the purpose of establishing and operating a high school in which may be offered, among other courses,

programs of a vocational and technical nature approved by the Department of Education, two or more school districts, divisions or counties may enter into an agreement to establish a regional high school district.

(2) The agreement and any agreement amending it or replacing it is subject to the approval of the Lieutenant Governor in Council.

(3) The order approving the agreement shall also (

a) establish the regional high school district and assign it a name and number, and (

b) constitute the board of trustees of the regional high school district as a corporation with a name in the following form: "The Board of the .. . Regional High School District No ............... "

(4) The agreement shall provide for (

a) the determination of the number of members of the board of the regional high school district, and the number to be named by each participating district, division or county, the manner of their appoint ment or election, and terms of office, and (

b) the manner in which the costs of establishing and operating the high school are to be borne by each of the participating bodies.

(5) In the event that one or more parties to the agreement proposes an amendment thereto and the parties cannot agree regarding the amendment which is proposed the matter shall be referred to the Minister for consideration, and the Lieutenant Governor in Council may, by order, amend the agreement and the amendment is binding upon the parties. 4Gb.

(1) The superintendent of schools, if any, of each of the parties to the agreement may attend meetings of the board and advise the board.

(2) The Minister shall designate an ins'pector of high schools to be chief advisor to the board of the regional high school district in respect of the program to be offered in its school, and with respect to its teaching staff. 4Gc.

(1) Upon the request of one or more of the parties to the agreement, or otherwise as may seem desirable and necessary the Lieutenant Governor in Council may, by order, dissolve a regional high school district.

(2) Upon dissolution of the district, and following con sultation with the parties to the agreement, the Minister shall, by order, make a dispositi~n ~f the assets and.Iiabiliti~s of the district among the partIes In such proportIOns or In such manner as he decides. 46d.

(1) This Act applies to a regional high school dis trict and to its board as though the district were a town 2

Section 72, subsection (5), clause (

c) presently reads: (Ij The ser:retary of the division shall also give notice of the meet ing by anyone of the following methods: (;) by r:ausing an announc'=:ment, giving the time, place, date and purpose of the meeting, to be made between the hours of seven o'clor;k and ten o'clock in the evening on three successive days during the eight days immediately prior to the day of the meeting, on a radio station whose broadcast area covers the en tire division.

Section 89, subsections (9) and (10) presently read:

(9) This

section does not apply to a trustee by reason only of the trustee being a shareholder in an incorporated company having a con tract or dealings with the board, unless he is a director or officer of the company.

(10) No trustee who is a shareholder in any company shall vote in the board on any question affecting the company, and no trustee who enters into a contract with the school distric.t or division shall vote in the board on any question affecting such contract. 8. Qualification requirements are adequately covered in other sections of the Act.

Section 133, subsection (4) presently reads:

(4) A candidate for trustee in a subdivision shall possess the same qualifica tions as those for a trustee in a non-divisional district as proyided in subsection (la) of

section 116 or, if he is resident in a town, those provided in

section 110 in respect of town districts.

Section 141 presently reads: 141.

(1) In any city, town, consolidated or village district, the poll for a dh-isional trustee may, by resolution of the board of the division, be kept open for a period of not less than two hours between the hours of twelye o'clock noon and seven o'clock in the evening.

(2) The board of a division may provide by resolution that all polls conducted for divisional trustees in rural districts shall be kept open for three hours. The amendment allows a divisional board to set the poll hours throughout the division, making urban and rural hours different if advisable.

Section 160 presently reads: 160. In town and city districts the board shall hold an organization meeting within ten days of the date ·of the annual municipal electi?n, and in all other disltricts within ten days of the annual electlO,n of trustees and such meeting shall be called by t~e secretary, or If there is none, then by the member of the boaro fIrst elected. Elections in cities are not necessarily held annually. 3

district, except in so. far as its prQvisiQns are in cQnflict with sectiQns 46a to. 46cQr the agreement.

(2) The Minister may by Qrder provide fQr any matter in relation to. regiQnal high schQQl districts as he cQnsiders necessary where the prQvisions Qf this Act are in his QpiniQn insufficient Qr inapplicable . .s. SectiQn 72, subsectiQn (5) is amended by striking Qut clause (

c) and by substituting the fQllowing: (

c) by causing an annQuncement, giving the time, place, date and purpQse Qf the meeting, to. be made between the hQurs of five Q'clQck and eleven o'clQck in the afternQQn Qn three successive days during the eight days immediately priQr to. the day of the meeting, Qn a radio. or televisiQn statiQn which serves the area. 7. SectiQn 89 is amended by striking Qut subsectiQns (9) and (10) and by substituting the fQllQwing:

(9) This sectiQn does nQt apply to. a trustee by reaSQn only of the trustee being a sharehQlder Qr member Qf an in cQrpQrated CQmpany or a cQ-Qperative assQciatiQn having a cQntract Qr dealings with the bQard, unless he is a directQr Qr Qfficer Qf the CQmpany Qr assQciatiQn, as the case may be.

(10) A trustee who. hQlds mQre than Qne per cent of the shares Qf an incQrpQrated CQmpany Qr cQ-Qperative assQcia tiQn shall nQt vote as a bQard member Qn any questiQn affecting the CQmpany Qr assQciatiQn.

(11) Where a trustee enters into. a cQntract with the schQQl district Qr divisiQn he shall nQt vQte as a bQard mem ber Qn any questiQn affecting that cQntract. 8. SectiQn 133, subsectiQn (4) is amended by striking Qut the wQrds "Qr, if he is resident in a tQwn, thQse prQvided in sectiQn 110 in respect of town districts". 9. SectiQn 141 is struck Qut and the fQllQwing is sub stituted: 141.

(1) The PQlls fQr the electiQn Qf a divisiQnal trustee shall be kept Qpen fQr such periQd Qf not less than two. hQurs between twelve 0.' clQck nQQn and seven 0.' clQck in the afternQQn as the bQard may determine.

(2) Notwithstanding subsectiQn (1) the board may direct that polls in rural districts shall be open for a shQrter periQd than thQse in city, tQwn Qr village districts, but in no. case shall they be Qpen fQr less than two. hQurs. 10. SectiQn 160 is amended by striking Qut the wQrds O'the annual municipal electiQn," and by substituting the wQrds "a regular municipal electiQn,". 3

II. The addition of clause (

d) prohibits board decisions being made by secret ballot. 12. Sections 174 and 174a presently read: 174.

(1) Thl' hoard oC ft non-dl\'lslonal dllli riel other than a cit)· dis trict or or " dl\'I!<!()n nUl}, provide by roesoluUon or by-law (or pa)'m.,nt tf) \·:\(>h trust .. o tor aUcndanc(\ at an)' r('gular or speclal lDl.·cUng of th,' lJ\lurd, or at nn~' Rlt't"ting or an), standing or 8Poclal commltte~, when slwh mt·.·tlnr.: il( appro\"'d by the board. l:!) In tho <.'as'· or a rural. ,'llIage. t'onNolidatl>ti or to\\"n district (

a) tht· nmounl ot thl' p.'\),m('nt l!hall not exceed (Ive doHan. and fh lh,-' by-Jaw Cor r~80luUon pro\'ldlnl' for the payment shall be ap:,ru\'.d At lin Annual nll'cting or the .. le-ctors b"rore coming into crrect, (:1) nftpealed, 0959, c, 16. I. H (.0 In the C~\80 or II dh'lslon. tho board mt\y cleternliM tho amount In~r d~I)' rur , ... -" Jlll'din~. tOJ:"lhcr with an allowanco per milo for C\'''''r)' lillie nC'-1~5S0~rlly trll\·.~lIcd In ,!omlrlg to and returning from nW('Linc!S ot the board, 174a. The board ot a city district may b)' by-law (

a) pro\'ld~ for tb~ pa)'ment to each trusteo or an amount to b~ r1~Nl by lht' by-law Cor attendance at any regular or .peela.l u ... ·l·tlllK or the bO:lrd. or at an)' meeting or an), .tnndlng or 8IWC-l:t1 (·ommlth·". when 8uC'h m(!ctlng 18 appro\'od by the b~lrd. or (

h) providt> (or the pa)'ment to (,Rch trustee of an annual hon orarium in nn nmount to be fixt'd by tbo by-law. 13. Self-explanatory,

Section 168 provides for the delegation of a board's powers or duties to a standing or special committee. 14. This change is consequential of the new proposed Universities Act. I S. Clauses (el) and (

j) are new provisions. giving the board powers in two new areas,

Section 182. clause (

i) presently reads: 4 182. The hoard of a lIon-dl\'lsional district or of a dh'jllion may Il' P:lll'(' in ill' d:n.- (Of)J.I~ under the diroctlon oC classroom teach en, (or purposts of obsl-I"\'8tlon and ('xPt"rlence. persons who have completed tho requlrcmt>nts ror certIficatIon as tcnchora but ht\\'e not commeonc(>d teachIng undc·r a contract of ompJoyment for fluch period" an(l (or M11C'h remuneration rut the board may d" ... ld ... ,

Section 168, subsection (2) is amended (

a) by striking out the word "and" at the end of clause (

b) and by adding the word "and" at the end of clause (c), (

b) by adding the following clause after clause (c) : (

d) a vote taken on any question shall be by open vote and not by secret ballot. 12. Sections 174 and 174a are struck out and the following is substituted: 174.

(1) The board of a non-divisional district or of a division may by resolution or by-law provide for payment to each trustee who attends any (

a) regular or special meeting of the board, or (

b) meeting of a standing or special committee, where the meeting has been approved by the board, of an amount of money for each such meeting he attends and an allowance per mile for every mile necessarily travel led by him in coming to and returning from a meeting.

(2) In the case of a city district the board may, in lieu of providing for payment in accordance with subsection (1), provide for payment to each trustee of an annual honorarium in an amount to be fixed by resolution or by-law.

Section 176 is amended by adding the following sub section:

(3) Every committee to which any duty or power is delegated shall provide the secretary with a record of its decisions and a list of the members of the committee present when the decisions were reached, and the record and list shall be included in the minute book of the board, or in such other book as may be provided for the purpose by the board.

Section 181, clause (

a) is amended by striking out the words "the University of Alberta," and by substituting the words "a university under The Universities Act,". 4

Section 182 is amended (

a) by adding the following- clause after clause (e) : (el) obtain a membership in an educational organ ization, (

b) by striking out clause (

i) and by substituting the the following: (

i) place in its classrooms, under the direction of classroom teachers and for purposes of ob servation and experience, persons preparing to become teachers who are not yet holders of teaching certificates, for such periods of time and to be paid such remuneration as the board may decide, and

16. Self-explanatory. 17. This additional amendment provides for the payment of the divisional superintendents' expenses in certain circumstances.

Section 191, subsection (1), clause (

b) presently reads: 191.

(1) The chairman of the board shall (

b) approve all accounts against the district or division and passed by the board, before the accounts are paid by the treasurer unless in the case of a town or city district or division the board has passed a resolution authorizing a trustee or person other than the chairman to approve the accounts, and This change makes it clear that the board, not the chairman, has ultimate authority over the accounts. His duty is to merely scruti nize them.

Section 206, subsection (3) reads:

(3) The auditor shall include a copy of the report in the annual statement made by him pursuant to

section 207.

Section 212, subsection (3) presently reads:

(3) Notwithstanding subsection (2), the approval of the Minister is not required for the acquisition of a site or of an addition to a site in a divisional town district.

Section 227, subsection (la) presently reads: (la) Except with the consent of the board, no person shall be per mitted to withdraw a tender made to a board pursuant to subsection (1) after the time fixed by the board for the opening of all tenders for the erection of the school building. Subsection (la) will be similar to

section 9 (2) of The Public Works Act. 5

(

j) make expenditures to provide educational radio and television services. 16. The following

section is added after

section 182: 182a.

(1) Subject to subsection (2), the board of a non divisional district or of a division may require its teachers, bus drivers, school maintenance workers and such other em ployees having contact with pupils as the board may de termine, to undergo a test or x-ray examination for the purpose of detecting tuberculosis.

(2) No employee shall be required to undergo a test or examination more often than once a year, and where an em ployee makes and signs a statement that he conscientiously objects to undergoing the test or examination for religious reasons, he shall be excused from doing so.

(3) The expenses incidental to the taking of a test or ex amination under this

section shall be borne by the employer concerned.

Section 188 is amended by adding the following clause after clause (f) : (fl) pay the expenses of the superintendent for any necessary travelling outside of the division which he may do in rendering any service to the board at its request,

Section 191, subsection (1) is amended by striking out clause (

b) and by substituting the following: (

b) scrutinize all accounts against the district or di vision and passed by the board, and either sign or initial the accounts before the treasurer 'Pays them unless, in the case of a town or city district or di vision, the board has passed a resolution authorizing a trustee or a person other than the chairman to scrutinize the accounts, and

Section 206 is amended by striking out subsection (3).

Section 212, subsection (3) is amended by adding after the word "town" the words "or city".

Section 227 is amended by striking out subsection (la) and by ,substituting the following: (la) Except with the consent of the board, no person may withdraw a tender made to the board pursuant to sub section (1) at or after the time fixed for receiving tenders (

a) until some other person has entered into a contract with the board for the performance of the work or the supplying of the materials specified in the notice inviting tenders, or 5

Section 237, subsection (3) deals with publication of a notice of a board's intention to apply lor authority to issue debentures. This amendment is necessary because newspapers are not always published in towns or villages they serve, and because there is often only one daily newspaper serving any given town or village,

Section 275 presently reads: 275, (

J) Any surplus remalnina- (rom (

a) the procl·t."()s of thl! sale or t1l"b~nturC,'If, And (b) ~rant8 N-C<-IVt·d puncuant to The S .. hl)()l Buildings Assistance Act. nltf!r XlII oXI)l~ndltur4's (or thl' sped tic purpose or purpoSt!!t tor " .. hlch th~ d.·h\IlIUft ~ or t;mnt" were authorized ha"e been mnde sba11 bo Jl~a(·I·d I .. a 8U:llll!iHle Ul'cuunt lind appllpd to redeem the debentures.

(2) Notwithstanding' 8ubM(!('Uon (1), the surplus may. with the con- 5l'nt or the Local Authorltle-s Board, be ,'xpl:'ndcd tor such other pur PO~(lo5 within th .. , tlCOPl! or lIut..section Cl) of s~~llon 235 as the board ot I ruttl (!l'M determines by resolution. The repeaJ of The School Buildings Assistance Act and imple mentation of the School Foundation Program makes this amend ment necessary_ 24. This addition enables districts in National Parks, where no municipal authority exists, to participate in programs under the direction of the Department of the Provincial Secretary. 6

Section 309. subsection (2). clause (

b) presently reads: (!) In the case o( Isolated tamUles, or In other speelal circumstance •• It board that Ss rt~qulrcd to provide con'-oyance tor a pupil rna)- do 80 by making on 3.:reonumt with the pa.r~nt nr guardian of the pupil "'t .. ~r4·b)· th~ parent or guardian (h' will provide Cor th,' nUendl,nce or tho pupil In any other ault able manner and rt"ct'lve payment theretor from tho board at II ratr not '-"x~cedln8' one doll... and aevent)/'-flve cent. pt"r .,upll p~r da)' for each da)' the pupil 18 necessarily provided tor.

Section 335 presently reads: 335_ Undf'r nny contract the terms of the employment .. baJl be A8 pro\'ld~ by tblle Act nnd tho toacher shalt be paid Sn accordanco with tbe !lalnr)' 8ch~UI(l adopted by the board. This amendment brings the provision in line with current practice.

(

b) until thirty-five days after the time fixed for re ceiving tenders, whichever occurs first.

Section 237, subsection (3), clause (

c) is amended by striking out subclause (ii) and by substituting the follow ing: (ii) by printing the notice in at least two issues of each newspaper regularly circulated within the division or in any town or village district adjacent to any district of the division, and if there is no such news paper, then in at least two issues of a daily news paper published in Alberta and having circulation within the division.

Section 275 is struck out and the following is sub stituted: 275.

(1) Any surplus remaining from the proceeds of the sale of debentures, after all the expenditures for the specific purpose or purposes for which the debentures were authorized have been made, shall be placed in a suspense account.

(2) The surplus may, with the consent of the Local Authorities Board, be expended for such other purposes within the scope of subsection (1) of

section 235 as the board of trustees may determine by resolution.

(3) Notwithstanding subsection (2) a surplus that has been retained in a suspense account for more than three years may be expended for any purpose that the Minister approves. 24. The following

section is added after

section 306 : 30&. A district named in an order made under

section 305 may make expenditures pursuant to the provisions of The Cultural Development Act and The Libraries Act as if it were a municipality.

Section 309, subsection (2), clause (

b) is amended by striking out the words "one dollar and seventy-five cents" and by substituting the words "two dollars".

Section 3a5 is struck out and the following is sub stituted: 335. The terms of a teacher's contract of employment shall be as provided by this Act and the collective agreement, if any, entered into between the board and its teachers pur suant to The Alberta Labour Act, in so far as the collective agreement is not in conflict with this Act. 6

Section 344, subsection (2), clause (

c) presently reads:

(2) The written contract shall (

c) d~~i~~'~~~ 't'he period during which the teacher is to ?e employed and the date on which the employment is to termmate.

Section 355, subsection (3), clause (b), subclause (iii) presently reads:

(3) Where the board of trustees purports to terminate the contract, if the Board of Reference is satisfied that (

b) the contract was not terminated, (iii) by reason of the financial necessities or circumstances of the district, or

Section 397 presently reads: 397.

(1) The board of a non-divisional district or of a division may appoint a teacher and make the necessary arrangements at the expense of the district or division for the maintenance of a night school.

(2) If an inspector or superintendent of schools recommends the establishment of a night school in a district and the board operating the school therein has failed to establish a night school, the Minister may dirEct the board to open and maintain a night school in the district for such period as he determines.

(3) If the night school is kept open for at least one month, the board may charge a pupil a fee not exceeding three dollars for each month or portion of a month in which he is in attendance.

(4) A board maintaining a technical school or special classes in the vocational or technical electives of the junior and senior high school or other approved vocational courses may charge such fees for night classes as may be approved by the Minister. This new

section enlarges the board's discretion and power with regard to adult education. 30. These changes raise the compulsory school attendance age to 16. 3 I. The new clause (

g) adds an additonal set of circumstances under which a child will be excused from attending school. 7

Section 344 is amended (

a) as to subsection (2) by striking out clause (

c) and by substituting the following: (

c) specify the date that the employment com mences. (

b) by adding the following subsections after subsec tion (2): (2a) The contract may specify the date of ter mination 'Of the employment but no contract shall provide for employment of a temporary teacher beyond the thirtieth day of June following the c'Om mencement of employment. (2b) Where the contract does not specify the date of termination of the employment, the employment terminates on the thirtieth day of June following the commencement of the employment but may be terminated by either party before that date upon giving not less than two weeks' notice to the 'Other party.

Section 35,5, subsection (3), clause (

b) is amended by striking out .subclause (iii) and by substituting the fol lowing: (iii) because of circumstances necessitating a reduc tion in staff, or 29. The heading "Night Classes" and

section 397 are struck out and the following heading and

section are sub stituted: Adult Education Classes 397.

(1) The board of a non-divisional district or 'Of a division may, for the purpose 'Of providing educational service of a general, vocational or avocational nature to adults, arrange for the establishment and 'Operation of a night school or day school or both.

(2) Where a SCh'OOI is established under subsection (1), the board may (

a) app'Oint persons to provide instruction in the school, (

b) appoint such other persons as are required to op erate and maintain the school, and (

c) charge such tuition fees as it considers proper.

Section 398 is amended by striking out the word "fif teen" wherever it occurs and by substituting the word "six teen".

Section 400, subsection (1) is amended by adding the word "or" at the end of clause (

I) and by adding the fol lowing clause: (

g) the board, after receiving the recommendation 'Of the superintendent. or inspector of sch?ols, is ?f t~e 'Opinion that no SUItable program of InstructIOn IS 7

Section 409, subsectlon (3) presently reads:

(3) The warning notice may be served by rna.iling a. postpa.id, reg istered letter, addressed to the parent, guardian, or person ha.ving the care or lega.l custody of the child. 33. Commencement of Act.

offered in its schools for a child who is fifteen years of age.

Section 409 is amended by striking out subsection (3) and by substituting the following:

(3) The warning notice may be served either personally or by mailing it by postpaid, registered mail, addressed to the person to be served at his last known address. 33.

(1) This Act, except sections 30 and 31, comes into force on the day upon which it is assented to.

(2) Sections 30 and 31 come into force on the first day of July, 1966.

(3) Section 14 comes into force on the day upon which The Universities Act comes into force. 8

No. 67 THIRD SESSION FIFTEENTH LEGIS'LA TURE 14 ELIZABETH II 1966 BILL

An Act to amend The School Act Received and read the First time Second time ..................................... . Third time ...................................... . HON. MR. McKINNON Title: 1966 (15th, 3rd) Bill 67,

An Act to amend The School Act

Document details

Collection	Alberta — Bills
Citation	L15 S3 1371
Type	bill
Volume / chapter	L15 S3 1371
Language	en
Format	json
Source	PROVINCIAL
Identifier	00ab83c7ff8dc390909eaf4185f745ca0bf80a6d

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