Second

Session, 50th General Assembly

Charles III, 2022

BILL 7

AN ACT TO AMEND THE

SCHOOLS ACT, 1997

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of

Education

Ordered to be printed by

the Honourable House of Assembly

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

S.2 Amdt.

Definitions

S.3 Amdt.

Right of access to education

S.5 Amdt.

Excused from attendance

S.7 Amdt.

Home instruction approval

S.9 Amdt.

Instruction in French

S.12 Amdt.

Student records

S.15 Amdt.

Compulsory enrolment

S.16 R&S

Attendance

S.17 Amdt.

Offence

S.18 Amdt.

Duty to report

S.19 Amdt.

Regular attendance

S.20 Amdt.

Parent rights & duties

S.21 Amdt.

Liability for damage

S.22 Amdt.

Appeal

S.25 Amdt.

School councils

S.29 Amdt.

Extended school year

S.32 Amdt.

Teaching days

S.33 Amdt.

Responsibilities of teachers

S.35.1 Amdt.

Refusal to admit

S.36 Amdt.

Suspension

S.37 Amdt.

Expulsion

S.41 R&S

Prohibition

S.46 Amdt.

Private school revocation

S.51 Amdt.

Schools in institutions

S.53 R&S

School boards

S.54 Rep.

District zones

Ss.58 to 59.1 Rep.

58. Vacancy

59. Replacement of

trustees

59.1 Dismissal of trustees

S.60 R&S

Board to adopt constitution

S.63 Amdt.

Meetings and business

S.65 Amdt.

Annual budget

S.67 Amdt.

Audit directed by minister

S.68 Amdt.

Conflict of interest

S.69 Amdt.

Disclosure

S.71 Amdt.

Application to Supreme Court

S.72 Amdt.

Conflict of interest remedy

S.75 Amdt.

Duties of boards

S.76 Amdt.

Powers of boards

S.79 R&S

Superintendent and senior management officials

S.80 R&S

Duties of superintendent

S.81 Amdt.

Suspension by superintendent

S.82 R&S

Medical certificate

S.92 Amdt.

Salaries & other compensation

S.93 Amdt.

Adjustments in salary

S.95 Amdt.

Composition of conseil scolaire

S.95.2 R&S

Vacancy

S.95.3 Added

Conseil scolaire to adopt constitution

S.97 Amdt.

Duties of conseil scolaire

S.101.1 and 101.2 Added

101.1 Salaries and other

compensation

conseil scolaire

101.2 Adjustments in salary

conseil scolaire

S.103 Amdt.

Conseil d'ecole non-voting members

S.110 Amdt.

Directors

S.110.1 Added

Duties of director

S.111 Amdt.

Sections not applicable

Part V.1 Added

PART

V.1

PROVINCIAL ADVISORY COUNCIL ON EDUCATION

116.1 Provincial advisory

council

S.118 Amdt.

Regulations

RSNL1990 cT-2 Amdt.

SNL2018 cT-4.01 Amdt.

CNLR 1134/96 Amdt.

NLR 74/15 Rep.

Transitional

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1997 cS-12.2

as amended

(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

persons".

(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".

Section 9 of the Act is amended by deleting the

words "his or her" and substituting the words "the

individuals".

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 persons".

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.

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

(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

(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

(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

principals".

(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

ministers".

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

students".

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 students parent, in writing, of the refusal and the circumstances

giving cause for the refusal;

(

b) notify the students

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

(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".

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.

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".

Section 53 of the Act is repealed and the

following substituted:

School boards

(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.

Section 54 of the Act is repealed.

27. Sections 58 to 59.1 of the Act are repealed.

Section 60 of the Act is repealed and the

following substituted:

Board to adopt

constitution

(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 b oard 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

(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

(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 employees 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 employees duties;

Section 79 of the Act is repealed and the

following substituted:

Superintendent

and senior management officials

(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.

Section 80 of the Act is repealed and the

following substituted:

Duties of

superintendent

(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) r ecruit 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) a ttend 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

(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".

Section 82 of the Act is repealed and the

following substituted:

Medical

certificate

(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 employees

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

(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.

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

(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 employees 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 ON EDUCATION

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.

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.

(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

(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.

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