Bill 83 — A Bill Respecting Northland School Division No. 61 (Legislature 15, Session 2)

L15 S2 1523

Alberta — Bills

• No. 83 2nd Session, 15th Legislature, Alberta 13 Eliz'abeth II BILL 83 A Bill respecting Northland School Division No. 61 HON. MR. McKINNON Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note General. Northland School Division No. 61 was established as of December 31, 1960. This Bill will replace its official trustee with a board of trustees appointed by the Lieutenant Governor in Coun cil. The Bill will also vary or make inapplicable certain provisions of The School Act as they affect the Division, particularly in cases where those provisions can only apply to elected trustees and not appointed trustees. The Bill adds to the Division all land north of township 55 that is not presently organized in districts or divisions. 2.

Definitions. 3. The Division will consist of the school districts comprising it and also all other land north of township 55 not presently organized into school districts, etc. 4. Appointment of board of trustees by Lieutenant Governor in Council.

BILL No. 83 of 1965

An Act respecting Northland School Division No. 61 (Assented to , 1965) HER MAJE.ST~, by and with the advice. and consent of the LegIslatIve Assembly of the ProvInce of Alberta, enacts as follows: 1. This Act may be cited a,s "The Northland School Divi sion Act". 2.

(1) In this Act, (a) "board" means the board of trustees of the Divi sion, and (b) "Division" means Northland School Division No. 61.

(2) Expressions defined in The School Act have the same meaning in this Act. 3.

(1) Notwithstanding anything in The School Act, the Division shall consist of (a) .the school districts comprising the Division by virtue of the order of the Minister constituting the Division, and (

b) all that part of the Province lying north of the north boundary of township 55 excepting thereout any lands contained in (

i) any other school division or any county, (

H) any non-divisional .school district or school dis trict in the Division, and (iii) any Indian reserve.

(2) Nothing in this Act precludes the Minister from time to time (

a) amending the order dated December 9, 1960 con stituting the Division or making a new order con .stituting the Division in substitution therefor, or (

b) constituting, dissolving or altering any school dis trict or any other school division. 4.

(1) The Lieutenant Governor in Council shall appoint a board of trustees for the Division consisting of five mem- bers.

5. Provision for fees and expenses of board members. 6.

Part IX of The School Act contains provisions regarding requisitions on municipalities for revenue. The effect is that a municipality can only be liable for a "supplementary requisition" (a requisition for revenue in addition to that provided from the School Foundation Program Fund) in regard to the part of the Division included in school districts. 7. Audit by Provincial Auditor.

Section 177 (

c) of The School Act makes it the duty of a board to "provide adequate instructional facilities" for pupils of age 6 to 15 and

Part X deals with "Conveyance and Maintenance of Pupils". In effect, the board's duties under these provisions will not be absolute regarding the lands not within school districts, but rather will be for its own judgment.

Section 398 of The School Act deals with compulsory school attendance. 2

(2) The Lieutenant Governor in Council shall designate one of the members as chairman of the board.

(3) The board of trustees is a corporation under the name of The Board of the Northland School Division No. 6,1 and shall have- a common seal.

(4) Of the member,s of the Board first appointed (

a) two shall be app.ointed for a term of three years, (

b) two shall be appointed for a term of two years, and (

c) one shall be appointed for a term of one year, and subsequent appointments shall be for a term .of three years except that an appointment made to fill a vacancy shall be f.or the unexpired period of the term of the perSDn replaced.

(5) Notwithstanding subsection (4), the Lieutenant Gov ernor in Council may terminate the appointment .of a mem ber.

(6) S uhject to this Act, the board has all the powers and dutie,s .of a bDard of trustees of a school division elected under The School Act. 5.

(1) The Lieutenant Governor in Council shall pr.ovide for the remuneration of members of the board who are not employees of the Government.

(2) For the purposes of subsection (1), the Lieutenant Governor in Council may prescribe a

schedule of fees and expenses to be paid for attendance at meetings .of the bDard and, when approved by the board, meetings .of any standing or special committee. '6. Notwithstanding anything in

Part IX of The School Act, the board shall not requisition a municipality for revenue for its operations .on the assessment of those lands in the Division that are not within school districts. 7. The books and accounts of the Division shall, on or before the thirty-first day of January in each year, be audited by the Provincial Auditor or his nominee and shall cover the preceding year. 8. Clause (

c) of

section 177 and

Part X of The School Act apply to the Division and the.board?nly ~it~ respect to pupils whose parents or guardIans reSIde WIthIn 'SChODl districts but the board, to the extent that it considers it feasible to do so shall make arrangements for the education of children wh~se parents or guardians reside within the Division but not within school dis.tricts. '9.

Section 398 of The School Act applies to the Divi~ion only with respect to c?il~ren .whose p~r.e1!-ts or guardIans reside within school dIstrIcts In the DIVISIOn. 2

10. The sections referred to in this clause deal with the follow- ing matters: sections 72 and 73: annual meetings in subdivisions

section 75: appointment of official trustee

section 76: constitution of divisional boards

section 86 (2) to (5): procedure re resignation of a board member sections 88 and 90 to 93: disqualification and ouster of trustees sections 94 and 100 to 103: terms of office

Part IV: election of trustees

section 162 (2): election of board chairman by trustees

section 174: remuneration of trustees

section 186 (1) (

h) and (2): calling of meetings of electors

section 187: duty of trustee to visit his subdivision and report sections 203 and 204: audits-(see Clause 7 of this Bill) II. Commencement of Act. 3

10. The following provisions of The School Act do not apply to the Division or the board: sections 72 and 73; se'ctions 75 and 76, subsections (2) to (5) of

section 86 and sections 88, 90 to 94 and 100 to 103; all of

Part IV; subsection (2) of

section 162;

section 174, cIa use (

h) of subsection (1) and subsection (2) of

section 186 'and sections 187, 203 and 204. 11. This, Act comes into force on a date to be fixed by Proclamation. 3

No. 83 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABET'H II 1965 BILL

An Act respecting Northland School Division No. 61 Received and read the First time ......................................... . Second time ....................................... . Third time. HON. MR. McKINNON Title: 1965 (15th, 2nd) Bill 83,

An Act respecting Northland School Division No. 61

Document details

Collection	Alberta — Bills
Citation	L15 S2 1523
Type	bill
Volume / chapter	L15 S2 1523
Language	en
Format	json
Source	PROVINCIAL
Identifier	0fd77cd6fbb7d64092113d5fc93c6aac3c581c84

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