1973 Bill ® Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL SO The School Amendment Act, 1973 THE MINISTER OF EDUCATION First Reading .............................. . Second Reading ............................. . Third Reading ............................. . Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 50 BILL 50 1973 THE SCHOOL AM~NDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The School Act is hereby amended.

Section 12, subsection (1) is amended (

a) as to clause (f), by adding the following words to the end thereof: "including the times and dates by which the matters must be reported on and infor­ n1ation supplied", (

b) by striking out the word "and" at the end of clause (le) and by adding the following clauses after clause, (l): (

m) respecting the form, content, confidentiality, use, maintenance and disposition of student records, and (

n) respecting the manner in which and the per­ sons to whom a hoard shall give notice of its intention to dispose of land or dispose or dis­ continue use or accommodation of a school building or other improvement or part thereof used for the instruction or accommodation of pupils.

Section 13 is struck out and the following

section substituted: 13.

(1) The Minister may delegate all or any of his powers or duties under

section 12 to a board, with 'Or with­ out restrictions.

(2) The Minister may delegate all or any of his powers or duties under sections 93, 95, 96, 98, 99 or 144 to a person designated by him in writing.

Explanatory Notes I. This Bill win amend

chapter 32·9 of the Revised Statutes of ALberta 1970. 2.

Section ,12, subsection (1), clause (

f) presently reads: 12.

(1) In addition to his other powers spe.cified in this Act the Minister may make regulations (

f) res<pecting the matters concerning which boards' must supply info·rmation, Clause (

m) will enable the Minister to develop and ensure a consistent student record procedure in Alberta. Clause (

n) permits the Minister to require boaDds to give adequate notice to iJnterested persons of school closure.

Section 13 presently reads: 13. The Minister may in his discretion delegate all or any of his powers under

section 12 to a board with or without restrictions.

Section 15, subsection (2), clause (

b) is amended by striking out the word "seven" and by substituting the word "nine".

Section 28, subsection (4) is amended by striking out the words "shall app'Oint the teacher to the school if the teacher enters into a contract" and by substituting the words "may appoint the teacher to the school if the teacher wishes to 'enter int'O a contract".

Section 30, subsection (4) is amended by striking out the word "seven" and by substituting the word "nine".

Section 65, subsection (1), clause (

a) is amended by adding immediately pre.ceding the words "appoint, subject to" the words "unless exempted by the Minister,".

Section 71 is amended by striking out subsection (3) and by sUbstituting the following subsection:

(3) Nothing in this

section prevents an employee (

a) with the prior approval 'Of a board, from entering into a contract with the board or with a person contracting with the board (

i) for ,services to be performed by the employee, (ii) for the sale in the ordinary c'Ourse of business of the employee of goods and merchandise, or (iii) for the rental of accommodation, or (

b) with the prior approval of the Minister, from entering into a contract with a board for the pur­ chase 'Of property.

Section 78 is struck out and the. following

section is substituted: 78.

(1) A board may terminate (

a) a contract of employment with a teacher, Dr (

b) a designation of a teacher made pursuant to sec­ tion 82, after giving the teacher 30 days' nOitic'e in writing of its intention to do so.

(2) A notice of termination of a contract of employment or of a designation shall specify the reasons for the ter­ mination and in each case the board shall frct reasonably.

(3) A board may suspend from his duties any teacher who has been served with a notice 'Of terminati'On of con­ tract or of a designation. 2

Section 15 presently reads! 15.

(1) The Minister may establish a division consisting ot any mint .. ber of public school districts.

(2) The order establishing a divisi.on shall (

a) give the division a name and number in the following form: "The .................. School Division No ..•..•••. ", (

b) divide the division into not less than three no·r more than seven subdivisions, (

c) give each subdivision a number, and (

d) state which public scho.ol districts are comprised in which sub­ division of the newly constituted division.

Section 28, subsection (4) presently reads:

(4) Where a local advisory board passes a resolution nominating a teacher for a school in the district for which the local advis·ory board was established and sends the resolution to the board of the division at least 30 days before school opening date, the board of the division shall appoint the teacher to' the school if the teacher enters into a contract.

Section 30, subsection (4) presently reads:

(4) The Minister shall for each board specify the number of trustees to be elected to the hoard, being not less than three nor more than seven.

Section 65, subsection (1), clause (

a) presently reads: 65.

(1) A board shall (

a) appoint, subject to (

i) the prior approval of the Minister, and (ii) the regulations of the Minister, a Superintendent of SChO'Ols and In his contract of employment include a statement of his p·osition as executive officer of the board, and

Section 71, subsection (3) presently reads:

(3) Nothiing in this

section prevents an employee, with the prior ap­ proval 01' the board, from entering into a contract with the board Dr with a person <!ontracting with the bDard (

a) for services to be performe·d by the employee, Dr (

b) for the sale in the o·rdinary course Df business Df the employee of goods and merchandis'e, Dr (

c) for the rental of accommodation.

Section 78 pr.esently reads: 78.

(1) A board may terminate a contract tQf employment with a teacher after giving the teacher 30 days' notice in writing Df its intention.

(2) A noti<!e of termination of a <!ontract of employment shan specify the reasons for the termination of contract and in each case the board shall act reasonably.

(3) A board may suspend from his duties any teacher who has been served with a notice of termination Df a contract of employment.

(4) A teacher who has been suspended is entitled to receive pay until the effective date of termination. 2

(4) A notice 'Of terminati'On 'Of a designati'On 'Or the ter­ mination there'Of d'Oes n'Ot terminate a contract 'Of empl'Oy­ ment.

(5) A teacher wh'O has been suspended is entitled to receive pay until the effective date 'Of terminati'On.

Section 83 is struck out and the following se.ction is substituted: 83.

(1) A teacher 'On receipt 'Of a termination of desig­ nati'On may terminate his .c'Ontract 'Of employment by giving 30 days' n'Otice in writing to the board, notwithstanding secti'On 81.

(2) No appeal may he made fr'Om a terminati'On of a C!'Ontract t'O the B'Oard 'Of Reference, if the contract 'Of em­ pl'Oyment is terminated pursuant to subsecti'On (1).

Section 87 is amended by striking out subsection (3) and by sUbstituting the following subse.ctions:

(3) N'Otwithstanding any provision 'Of this Act concern­ ing the (

a) termination 'Of a eontra!ct 'Of employment 'Of a teacher, Dr (

b) terminati'On 'Of a designati'On 'Of a teacher, 'Or (

c) suspensi'On of a teacher, and matters c'Onnected therewith, the B'Oard 'Of Reference may make such order as it c'Onsiders just with respect to the appeal.

(3.1) With'Out restricting the generality 'Of subsection (3), the B'Oard 'Of Reference may, am'Ong 'Other 'Orders, make all 'Or any of the foll'Owing 'Orders: (

a) an 'Order pr'Oviding that the termination date 'Of the contract of empl'Oynlent 'Or 'Of a designation be changed; (

b) an 'Order t'O provide f'Or the reinstatement of a con­ tract of empl'Oyment or 'Of a designati'On (but 'Only where the teacher is the party appeaHng) ; (

c) an 'Order fDr the payment of mOoney, equivalent to salary, f'Or any period whether bef'Ore 'Or after the termination 'Of the ,contract or of a designati'On that a salary has not been paid; (

d) an order providing that n'O salary be paid for a specific period.

Section 88 is struck out and the following

section is substituted: 88.

(1) The Minister, in any case in which he oon­ siders it pr'Oper to do s'O, may refer an appeal t'O anyone or to any tw'O or more members of the Board 'Of Reference. 3

Section 83 presently reads: 83.

(1) A board may only terminate a designation lin the same manner specifying its reasons as it may terminate a contract .of employment under

section 78.

(2) The termination O>f a designation does not termJinate a contract {)f employment.

(3) A teacher on receipt of a termination of designation may ter­ minate his contract ·of employment by giving 30 days' notice in writing to the board, notwLths,tanding

section 81.

(4) No appeal may be made from a termination of a oontract, to the Board ·of Reference, if the contract of employment is terminated pursuant to sUbsection (3). II.

Section 87, subsection (3) presently reads:

(3) No,tWlithstanding any provision of this Act concerning te,rmina­ tion ,o,r suspension of a ·contract of employment between a board and a teacher and mattersconne,cted therewUh, the Board of Reference may make such order as it c'Onsiders just with res'pect to the appeal and without res.tricting the generality of the foregoing the Board of Reference may, amongst other orders make all or any lof the follow­ ing orders: (

a) that the terminatlion date of a contract of employment be changed; (

b) provide for reinstatement of a contract ·of employment (but only where a teacher is the party appealing); (

c) order paymen:t of money (equivalent to salary) for any period whether before or after the termination 'Of contract, that a salary has n.ot been paid; (

d) order that no salary be paid for a specified period. The amendments to sections 7 1 8, 8,3 and 87 will ensure that a teacher whose designation is teTminated has the same right to appeal rto the Board of Reference as he has when a contIlacrt of employment is terminated. 12. Sec,tion 88 presently reads: 88. (1) 'rhe Minister, in any case in which he conside'rs it proper to do so, may refer an appeal to one member of the Board of Reference.

(2) The member of the Boa.rd of Reference to' whom the appeal is referred has the same powers and duties as the Board of Reference and hiS decision shall be deemed to be a decision of the Board of Reference. 3

(2) Upon a reference of an appeal to the member or members of the Board of Reference pursuant to subsection (1), the member or members have all the powers, duties and functions of the Board of Reference and his or their decision shall be deemed to be a decision of the Board of Reference.

Section 91 is amended by adding the. following sub­

section after subsection (2):

(3) A board shall notify the Minister within 30 days of the date the board purchases or enters into an agreement to purchase any land or any interest in land pursuant to subsection (2), clause (a), (

b) or (d).

Section 93 is amended (

a) as to subsection (2), by striking out the words "or a person designated in writing by him to give approval" , (

b) as to subsection (6) by striking out the words "or a person designated in writing by him to give approval", (

c) by adding the. following subsection after sub­ section (6):

(7) Notwithstanding subsection (3), a board may dispose of any real or personal property to another board, a municipal corporation, a com­ munity association or other charitable or non­ profit organization for a nominal consideration if it obtains prior approval of the Minister.

Section 95 is amended (

a) as to subsection (1), by striking out the words "or a structural alteration", (

b) as to subsection (2), by striking out the words "or a person designated in writing by him to give approval", (

c) by adding the following subsection after sub­ section (2):

(3) No structural alteration having the effect of reducing the number of classrooms approved in the original design of the school may be made to a school building unless the plans and specifica­ tions for it have received the prior approval of the Minister. 4

Section 91, subsection (2) presently reads:

(2) A board may (

a) acquire and hold real or personal property i()il" any interest therein, (

b) acquire land for school buildings, whether the land is in or out­ side the district or division and acquire a'dditional land to add to land owned by it, (

c) acquire land or any rights in, on, over or under it (if neces­ sary extending beyond the boundaries of school sUes) for sew­ age, wate[', gas, electric power or other ,services, (

d) enter into contracts granting or acquiring an option to purchase or sell real or personal property, (

e) acquire, build, furnish and rent out residences and dOTmitol'ies, and (

f) acquire, build, furnish and rent offices for itself and its em­ ployees. 14. Clauses (

a) and (b) :reflect the amendments made ,to the Act by

section 3 of this Bill. Clause (

C) addtng a new subsection (7), is new. IS.

Section 95, subsection (2) presently reads:

(2) Notwithstanding SUbsection (1) the approval of the Minister is not required in respect of a board which has over 15,000 pupils enrolled in its schools. 4

Section 96 is amended (

a) as to subsection (4), clauses (

a) and (b), by strik­ ing out the worrds "or person designated in writing by him," wherever they occur, (

b) by striking out subsection (5) and by substituting the following:

(5) Where the result of the vote is to defeat the prop'Osal to erect or purchase a school building, the board is bound by the vote for a period of 12 months from the date ,there'Of and during that time it shall not propose the same or a similar 'erection or purchase 'Of a school building.

Section 98, subsections (1), (2) and (3) are amended by striking out the words "a person designated in writing by him" wherever they Occur. 18. Se.ct.ion 118 is struck out.

Section 116, subsections (1), (2) and (3) are a~mended by striking out the words "Local Authorities Board" wherever they appear and in each case by substitut­ ing the word "Minister".

Section 119 is ame.nded by striking out clause (

b) and by substituting the following clause: (

b) providing any method, including a vote called for by electors, by which a board may exceed the limits specified pursuant to clause (a).

Section 128, subsection (1) is ame.nded by striking out the word "on" and by substituting the words "on or before". 22. Sect.ion 144 is amended by striking out the words "or person designated by him".

Section 156 is amended by striking out .subsection (3) and by substituting the. following:

(3) A board may charge the parents of pupils riding on transport provided by the board, whether the transport is provided by agreement pursuant to subsection (1) or in any other manner, such fee as it determines. 24. This Act comes into force on the day upon which it is assented to. 5

Section 916, subsection (5) pl1esently reads:

(5) The board is bound by the result of the poll for a period of 12 months from the date of the poll and during that mme it shall not propose the same or a similar erection or purchase of a school building. 'Dhe subsection is now consistent wtth

section 104, subsection (3). 17. Self-explanatm.'y.

Section 118 presently reads: 118. In each year, within 30 days after the establishment of the School Foundation Program Fund regulations under

section 129, a board shall prepare and adopt, in the form prescribed by the Minister, a de­ tailed estimate of its revenues and expenditures for the current year. This matter will be covered by regulations made by the Minister under

section 12, sUibsection (1), clause (f). 19.

Section D6, subsections (1), (2) and (3) presently read: 116.

(1) Where debentures have been issued fOor a capital expendi­ ture and upon oompletion of the work or in consequence of its partial abandonment there remains a balance, a board, by resolution reciting the facts, shall apply to the Local Authorities' Board for authority to use the balance for capital expenditures fo,r any purpose not author­ ized by the by-law under which the debentures were issued.

(2) The Local Authorities Board may grant permission to a board to use the balance fOor such purposes and upon such terms and condi­ tions as the Lo.cal Authorities Board considers expedient.

(3) If a board applies moneys include1d in the balance for any pur­ pose not authorized by the Local Autho,rities Board, the trustees who vote for SUch application are personally liable for the amount diverted and i.t may be recovered by the board by legal action as a debt due from the trustees responslible. 20.

Section ,1,19, clause (

b) presently reads: 119. The Lieutenant Go'vernor in Oouncil may make regulations (

b) providing any method, including a poll or plebiscite of electors, by which a board may exceed the limit ,specified pursuant to clause (a).

Section 12:8, subsection (1) presently reads: 128.

(1) Each municipality shall pay to a board the amount of the sum requisItioned by equal quar,terly instalments on the 15th day of each of the months of March, June, September and December. 22. Minis,ter may delegate duties and powers under amended

section 13 of the Act (see

section 3 of this Bill).

Section 11516, subsection (3) pTesently Teads:

(3) Where an agreement is entered into to provide transport for pupdls a board may charge the parents of pupils riding on the transport provided such fee as it determines. 5 Title: 1973 (17th, 2nd) Bill 50, The School Amendment Act, 1973