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Governor in Council Education Act Regulations

made under

Section 98 of the

Education Act

S.N.S. 2018, c. 1,

Schedule A

O.I.C. 2018-104 (effective April 1, 2018), N.S. Reg. 50/2018

amended to O.I.C. 2024-321 (effective August 15, 2024), N.S. Reg. 172/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Rate for determining minimum municipal contribution

School Attendance

Limiting age for public schools

Attendance at school of enrollment

Additional exemptions from requirement to attend public school

Powers, Duties and Responsibilities of Education Entities

Certificate of exemption from attendance or certificate authorizing employment

International student program

Transportation of students

Paying for the boarding of students

Adult education programs

Teaching aids and materials

School Buildings and Site Selection

Evaluating and reporting on state of buildings and equipment

Definitions for Sections 14A to 15

Request for DPW’s site selection recommendation

DPW evaluation of school building sites

Information provided to public

Site selection by the Minister

Construction of school by private sector developer

Professional Instructional Staff of Education Entities

Assigning teacher for course

Teacher professional development

Nova Scotia Instructional Leadership Program

Teaching Service

Application of Sections 21 to 26

Teaching service days during period when school closed

Teaching service days during period when teacher absent with education entity approval

Teaching service days during other periods when teacher absent

Teaching service days during sick leave

Teaching service days during paternity leave

Teaching service days during adoption leave

Experience included in public school service

Number of hours deemed teaching or service day

Determining number of consecutive school days taught by substitute teacher

Salary for substitute teacher on school closure day

Home Education

Definitions for Act

Registering child for home education

Reporting child’s home education progress

Administering assessment instrument

Private Schools

Applying for recognition of private school program of studies

Application must include detailed description of program

Minister may recognize private school courses

Minister’s considerations

Term of recognition of private school program

Private school records required

Qualifications of private school teachers

Attendance at private school

Designated Special Education Private Schools

Definitions

Designation as designated special education private school

Continuation of designations made before August 15, 2011

Refusal of designation

Suspension or revocation of designation

Ongoing obligations and monitoring of designated school

Application for registration as registered special education private school

Refusal of registration

Suspension or revocation of registration

Ongoing obligations and monitoring of registered school

Reviewer

Eligibility for applying for funding unit

Application for funding unit

Review and grant of funding unit

Calculation of funding unit

Application for supplement

Review and grant of supplement

Calculation of supplement

Reapplying for tuition support funding

Maximum tuition support funding availability

Remittance of tuition support funding

Appointments to Tuition Appeal Board

Decisions that may be appealed to the Tuition Appeal Board

Appealing a decision of the Reviewer

Decisions of the Tuition Appeal Board

Public/Private Sector Development and Service Agreements

Definitions

Development agreement or service agreement

Compensation

Compensation for senior staff of education entities

Placement and changes in job assignment

Step increases through salary ranges

Economic adjustment

Schedule A: Learning Centre Licence Agreement

Schedule B: Salary Pay Plans

Schedule C: [repealed]

Citation

1 These regulations may be cited as the Governor in Council Education Act Regulations .

Definitions

2 In these regulations,

“Act” means the Education Act ;

“classroom” means any area approved by the Minister for instructional purposes;

“compensation framework guidelines” means the Compensation Framework for

Non-Union Employees approved by the Treasury and Policy Board;

“substitute teacher” means a teacher or other qualified person engaged on a

day-to-day basis to take the place of a person regularly employed as a teacher by an

education entity;

“university” includes college.

Rate for determining minimum municipal contribution

3 For the purpose of clause 67(3) of the Act, the rate to be used to determine the minimum

municipal contribution for an education entity is $0.3048 per $100 of the uniform

assessment determined under the Municipal Grants Act for the municipalities served by

the education entity.

School Attendance

Limiting age for public schools

4 For the purpose of

Section 6 of the Act, a child who turns 5 years old on or before

December 31 in a year is deemed to be a person over the age of 5 years for the school

year beginning in that year.

Attendance at school of enrollment

5 Every child in the Province who has attained the age of 6 years and has not attained the

age of 16 years must, on every day in which school is in session, unless exempt under

the Act and its regulations, attend the school in which the child is enrolled.

Additional exemptions from requirement to attend public school

(1) For the purposes of clause 33(2)(

d) of the Act, in addition to the exemptions listed

in clauses 33(2)(

a) to (

c) of the Act, a child is exempt from the requirement to

attend a public school in any of the following circumstances:

(

a) the child is temporarily unable to attend school for physical or mental health

reasons or for other unavoidable causes, and evidence satisfactory to the

education entity is provided by the child’s parent or a doctor when requested

by the child’s teacher or school principal;

(

b) the child is excused or prohibited from attending under the Health

Protection Act .

(2) The parent of a child exempted under subsection 33(2) of the Act from the

requirement to attend public school is not required to cause the child to attend

public school.

Powers, Duties and Responsibilities of Education Entities

Certificate of exemption from attendance or certificate authorizing employment

(1) In this Section, “certificate” means either of the following:

(

a) a certificate exempting a student from attendance at school issued under

clause 35(1)(

a) of the Act;

(

b) a certificate authorizing employment of a student during school hours issued

under clause 35(1)(

b) of the Act.

(2) Before issuing a certificate, an education entity must ensure that all of the

following are met:

(

a) a parent of a student who is under 16 years of age has submitted a request

for the certificate to the education entity;

(

b) the student is at least 15 years old;

(

c) the staff of the education entity have done all of the following:

(

i) evaluated the circumstances related to the request,

(ii) examined alternatives to an exemption from attendance,

(iii) discussed the alternatives examined under subclause (ii) in detail

with the student and the student’s parent;

(

d) the education entity is satisfied, after considering the results of the actions

described in clause (c), that requiring the student to continue to attend

school would not be beneficial to the student.

(3) A certificate must include all of the following:

(

a) the full names and addresses of the student and their parents;

(

b) the date of the student’s birth;

(

c) the name of the school where the student is enrolled;

(

d) the period for which the certificate is valid;

(

e) for a certificate authorizing employment during school hours, the name of

the employer.

(4) A certificate must be signed by the regional executive director or superintendent of

the education entity.

(5) A copy of a certificate must be provided to each of the following:

(

a) the principal of the school where the student was enrolled at the time the

certificate was issued;

(

b) the student;

(

c) a parent of the student;

(

d) for a certificate authorizing employment during school hours, the employer

of the student.

(6) An employer named in a certificate authorizing employment must notify the

regional executive director or superintendent of the education entity within 5 days

if the student does not work for the employer or ceases to work for the employer

before the student’s 16th birthday.

(7) A student named in a certificate authorizing employment who does not work for

the employer or ceases to work for the employer while still under 16 years of age

must return to school and attend school as required by the Act and its regulations.

International student program

(1) In this Section,

“exchange program” means a reciprocal arrangement approved by the Minister

whereby an international student attends a public school and a Nova Scotia student

attends a school outside Canada;

“international student” means a person who enters Canada with the purpose of

attending a public school, but does not include any of the following:

(

i) a person who is a Convention refugee or whose claim to Convention

refugee status has been referred to the Refugee Protection Division as

described in the Immigration and Refugee Protection Act (Canada),

(ii) a person admitted to Canada under order of the Minister of

Immigration, Refugees and Citizenship for Canada;

(iii) a Canadian citizen, or a permanent resident of Canada as defined in

the Immigration and Refugee Protection Act (Canada);

(iv) a dependent of a properly accredited diplomat, consular officer,

representative or official of the United Nations or any of its agencies,

if the United Nations diplomat, consular officer, representative or

official is residing in the Province;

(

v) a dependent of a representative of a foreign government sent by that

government to take up duties with a provincial or federal agency

under an exchange agreement with Canada;

(vi) a dependent of a person in possession of a valid and subsisting

student authorization,

(vii) a person who enters Canada under an exchange program;

“international student program” means a program of courses designed to be

provided by an education entity to international students at a cost to the

international students, in accordance with this Section.

(2) With the approval of the Minister, an education entity may provide an international

student program.

(3) An international student program must consist of the public school program,

courses approved in accordance with the public school program, and integration

and settlement services, excluding residency services.

(4) The education entity requesting approval of an international student program must

submit a proposal to the Minister detailing the particulars of the program including

the courses, activities and services to be provided for international students, and the

estimated costs.

(5) An international student admitted by an education entity under

Section 7 of the Act

must be enrolled in a public school within the school region of the education

entity, in either of the following:

(

a) the public school program;

(

b) an international student program.

(6) An education entity that admits an international student in accordance with

subsection (5) may charge the international student a fee as determined by the

Minister.

Transportation of students

9 A regional centre must provide for the transportation of students within its school region,

either by providing the service itself or arranging for a person to provide the service, if 1

of the following applies and the regional centre determines that transportation of the

students is necessary:

(a) 1 or more students reside more than 3.6 km from the school to which they

are to be transported;

(b) 1 or more students, because of special needs, require transportation

irrespective of the distance.

Paying for the boarding of students

10 A regional centre must pay for the boarding of a student attending a school if all of the

following apply:

(

a) the school is a public school;

(

b) the regional centre approved the student’s enrollment at the school;

(

c) the regional centre considers it impracticable to convey the student to the

school that the student would normally attend or in which the student is

enrolled;

(

d) the regional centre considers the boarding costs to be reasonable.

Adult education programs

(1) An education entity may provide adult education programs that have as their

purpose 1 or more of the following:

(

a) to provide adult basic education;

(

b) to provide academic upgrading and public school program credit courses;

(

c) to provide vocational and technical upgrading;

French as a second language;

(

e) to provide continuing education programs and courses.

(2) An education entity may provide for awarding appropriate credits, certificates,

diplomas or other recognition of skill or accomplishment in programs as approved

by the Minister.

(3) An education entity may appoint 1 or more individuals to administer an adult

education program, including, if the program includes them, organizing and

supervising continuing education programs and courses.

Teaching aids and materials

12 An education entity must provide teaching aids, materials and supplies, and repair and

maintain equipment required to conduct the public school program and related services

in classrooms, school libraries, laboratories, music rooms, audio-visual rooms,

gymnasiums and auditoriums, and other areas in which the program or portions of the

program are conducted.

School Buildings and Site Selection

Evaluating and reporting on state of buildings and equipment

(1) An education entity must, at least annually, determine whether the buildings used

for school purposes, and the equipment in them, are adequate to provide for the

students to be enrolled in the ensuing school year or years.

(2) Each education entity must report at least annually to the Minister

(

a) the extent to which it is necessary to erect, acquire, purchase, alter, add to,

improve, furnish or equip buildings, or to acquire land, for school purposes

or barrier-free access;

(

b) the extent to which the cost may be provided from the education entity’s

annual budget for capital expenditure, repair and renovation, including any

accumulated surplus.

Definitions for Sections 14A to 15

14 In this

Section and Sections 14A to 15,

“DPW” means the Department of Public Works;

“existing site” means the site of an existing school building being replaced;

“school building” means a building or grounds used or intended to be used for

public school purposes.

Request for DPW’s site selection recommendation

14A

(1) After receiving approval in principle of a capital project for the construction of a

new school building, the Minister must do all of the following:

(

a) notify all of the following of the capital project’s approval in principle:

(

i) the education entity under whose jurisdiction the school building is to

be constructed,

(ii) DPW;

(

b) indicate whether the school building is intended to replace 1 or more

existing school buildings;

(

c) request DPW’s recommendation for an appropriate site for the school

building.

(2) An education entity must provide information to the Minister and, if requested by

the Minister, to DPW, about any requirements of the school program or school

community that would impact DPW’s recommendation for a school building site.

DPW evaluation of school building sites

14B

(1) After receiving a request for a recommendation under clause 14A(1)(

c) DPW

must, in consultation with the education entity and the Department, do all of the

following:

(

a) determine the requirements for the school building site, considering all of

the following:

(

i) the program requirements of the school,

(ii) any requirements set by the Minister;

(

b) evaluate potential school building sites in accordance with the priorities set

out in subsections (2) and (3);

(

c) recommend a school building site to the Minister that DPW considers meets

the requirements determined under clause (a).

(2) If a new school building is not replacing an existing school building, DPW must

evaluate potential new school building sites in the following order of priority:

(

a) real property vested in His Majesty in Right of the Province or held by the

education entity;

(

b) real property available for acquisition or use by the Province.

(3) If a new school building is replacing 1 or more existing school buildings, DPW

must evaluate potential replacement school building sites in the following order of

priority:

(

a) existing sites;

(

b) real property vested in His Majesty in Right of the Province or held by the

education entity;

(

c) real property available for acquisition or use by the Province.

(4) If DPW does not recommend constructing the replacement school building on an

existing site, it must submit to the Minister the reasons why it is unable to

recommend an existing site.

Information provided to public

14C Before making a recommendation to the Minister under clause 14B(1)(c), DPW, in

consultation with the Department and the education entity, must provide information to

the public on all of the following:

(

a) the site selection process;

(

b) DPW’s findings in respect of a proposed recommended school building site.

Site selection by the Minister

14D

(1) After receiving DPW’s recommendation under clause 14B(1)(c), the Minister

must, after consulting with the regional executive director or the Conseil, decide

whether to accept the recommendation.

(2) After considering DPW’s recommendation, the Minister may request that DPW

provide a list of alternative sites.

(3) On request under subsection (2), DPW must provide a list of alternative sites that

includes all potential school building sites that DPW considers meet the

requirements for the school building site as determined under clause 14B(1)(a).

(4) If the Minister does not accept DPW’s recommendation of a school building site

under subsection (1), the Minister must select a school building site from the list of

alternative sites provided by DPW under subsection (3).

Construction of school by private sector developer

(1) In this Section,

“private sector developer” means a person, or association of persons, including a

joint venture or a limited partnership, other than the Province or an education

entity, who agrees with the Province to construct a school.

(2) If the Minister considers it advisable to have a school under the jurisdiction of an

education entity constructed by a private sector developer,

(

a) the Minister must notify the following of the capital project’s approval in

principle for the acquisition of land:

(

i) the regional executive director for the regional centre or the Conseil,

(ii) DPW;

(

b) after receiving notice from the Minister under clause (

a) and in consultation

with the Department and the education entity, DPW must determine the

requirements for a school building site in accordance with clause 14B(1)(a);

(ba) DPW must evaluate potential school building sites to determine if any sites

meet the requirements determined under clause (b);

(

c) the private sector developer must inspect the sites and, with the agreement

of DPW, after consulting with the Department and the education entity,

recommend the most appropriate site to the Minister; and

(

d) the Minister must decide whether to accept the recommendation.

(3) If the Minister accepts a recommendation from a private sector developer under

subsection (2), the Minister must select the recommended site.

(4) If the Minister does not accept the private sector developer’s recommendation

provided under subsection (2) but still considers it advisable to have a public

school constructed by a private sector developer, the Minister may request that the

private sector developer and DPW provide a list of alternative potential school

building sites.

(5) On request under subsection (4), the private sector developer and DPW must

provide a list of alternative sites that the private sector developer and DPW

consider meet the requirements for a school building site as determined under

clause (2)(b).

(6) After receiving a list of alternative school building sites under subsection (4) the

Minister may do any of the following:

(

a) select a school building site from the list;

(

b) accept the recommendation of the private sector developer under clause

(2)(c);

(

c) decide whether it continues to be advisable to have a public school

constructed by a private sector developer.

Professional Instructional Staff of Education Entities

Assigning teacher for course

16 Each education entity must, subject to any agreements between the education entity and

the Nova Scotia Teachers’ Union under the Teachers’ Collective Bargaining Act , assign,

for a course prescribed in the public school program and for each additional course or

service provided by the education entity, a teacher holding a teacher’s certificate or

teacher’s permit issued under the Act.

Department heads

17 If at least 4 teachers are teaching at least 60% of teaching time in the subject, an

education entity may appoint a Department Head for any of the following subjects:

education, fine arts, mathematics, modern and classical languages, music, physical

education, science, social studies.

Teacher professional development

(1) Every teacher who has a probationary or permanent contract with an education

entity must

(

a) complete 100 contact hours of professional development every 5 years

commencing September 30, 2000; and

(

b) maintain, and submit annually on or before September 30 of each year, a

professional development profile.

(2) An education entity must include the teacher’s professional development profile in

the teacher’s personnel file.

Nova Scotia Instructional Leadership Program

(1) In this Section, “Nova Scotia Instructional Leadership Program” means the

instructional leadership program provided by the Minister under clause 10(

k) of the

Act.

(2) The Nova Scotia Instructional Leadership Program must include all of the

following:

(

a) at least 6 courses, each of which must include at least 36 hours of classroom

instruction and 36 hours of inquiry-based practice;

(

b) instruction in best practices in all of the following:

(

i) instruction and assessment,

(ii) instructional design,

(iii) coaching and supervision skills,

(iv) using data for instructional and school improvement,

(

v) developing a community of practice.

Teaching Service

Application of Sections 21 to 26

20 Sections 21 to 26 do not apply to a substitute teacher.

Teaching service days during period when school closed

(1) For the purpose of determining the service of a member of the instructional staff in

any school year, a school day on which a teacher does not teach because the school

is closed by an order made by any of the following is reckoned as a day taught and

the teacher must not suffer a loss in salary for that day:

(

a) the Minister or the Minister’s representative;

(

b) an education entity or its representative in consultation with the Department;

(

c) another proper authority made

(

i) under a statute of the Legislature or its regulations, or

(ii) as a result of a declaration by His Majesty the King, the Governor

General or the Lieutenant Governor.

(2) Failure of an education entity to consult the Department under clause (1)(

b) must

not result in a loss of salary or benefits to a teacher if the school is closed by order

of the education entity.

Teaching service days during period when teacher absent with education entity approval

(1) For the purpose of determining the service of a member of the instructional staff in

any school year, a school day on which a teacher is absent with the approval of the

education entity for any of the following reasons is reckoned as a day taught and

the teacher must not suffer a loss in salary for the absence:

(

a) because the teacher is attending meetings called at the direction of the

Minister;

(

b) because the teacher is attending a professional conference, institute or

meeting, other than one called at the direction of the Minister, approved by

the regional education director of the regional centre or the superintendent

of the Conseil or designate, to a maximum of 2 days;

(

c) because the teacher is attending meetings of government-appointed

committees or commissions;

(

d) because the teacher is acting in an official capacity as a representative of the

Nova Scotia Teachers’ Union, but only if reasonable notice is given by the

teacher;

(

e) because the teacher is writing examinations to improve the teacher’s

professional status;

(

f) because the teacher is engaged in part-time employment with the Province

in a professional capacity;

(

g) because the teacher is attending convocation exercises, if the teacher is

included in the graduation list;

(

h) because the teacher is a witness before a quasi-judicial body, but only if

reasonable notice is given by the teacher;

(

i) because the teacher is conducting in-service programs;

(

j) because of a death or serious illness in the teacher’s immediate family or the

immediate family of the teacher’s spouse, to a maximum of 5 days in any

school year;

(

k) because the teacher is attending education conferences outside the Province.

(2) For the purposes of clauses (1)(

d) and (h), the education entity must not

unreasonably withhold its approval if operational requirements permit the teacher’s

absence.

Teaching service days during other periods when teacher absent

(1) For the purpose of determining the service of a member of the instructional staff in

any school year, a school day on which a teacher is absent for any of the following

reasons is reckoned as a day taught and the teacher must not suffer a loss in salary

for the absence:

(

a) because the teacher has been placed in quarantine or because of another

situation in which the teacher is advised by a medical practitioner or

medical officer to leave the teacher’s teaching duties, and leave is not

provided under any sick leave or other leave provisions;

(

b) on a day of a civic, town, municipal, Provincial, or federal election because

the teacher’s name is on the voters’ list of a polling district other than the

one in which the teacher teaches and the teacher cannot reasonably vote

after school hours;

(

c) because the teacher is on jury duty or a witness before a judicial body;

(

d) because the teacher is attending to the teacher’s official duties as a member

of the Board of Governors, Senate or Academic Council of an approved

university or college in the Province;

(

e) subject to subsections (2) and (3), because the teacher was injured in the

performance of their duties, those duties having been approved by an

education entity or its representative, and the teacher furnishes the board

with a medical certificate that the teacher is unable to teach during this

period, to [a] maximum of the total number of consecutive teaching days in

a period of 2 school years from the date of the injury.

(2) The amount of salary payable to a teacher for days reckoned under clause (1)(

e) as

days taught is reduced by any amount paid to the teacher under any disability or

liability insurance settlement towards which the education entity contributes

premiums.

(3) Clause (1)(

e) ceases to be effective and the teacher is disqualified from further

salary benefits under that clause if, during the leave, the teacher engages in other

remunerative employment without the approval of the education entity.

(4) A teacher to whom clause (1)(

e) applies who is unable to resume teaching duties

after the 2-year period referred to in that clause is entitled to use sick leave

entitlement.

(5) For the purposes of clauses (1)(

a) and (e), an education entity may require a teacher

to be examined by a medical practitioner agreeable to both the teacher and the

education entity.

Teaching service days during sick leave

(1) Subject to subsection (2), for the purpose of determining the service of a member

of the instructional staff in any school year, school days on which a teacher is

absent and does not teach because of the illness of the teacher are reckoned as days

taught, and a teacher must not suffer a loss in salary for being absent on those days.

(2) Reckoning the number of days taught for a teacher who is absent because of illness

as described in subsection (1) is subject to the following:

(

a) except as provided in clause (c), no more than 20 days may be reckoned as

days taught;

(

b) if a teacher is employed full time for a period that is stated to be less than a

school year, the number of days reckoned as days taught must not exceed

the proportion of 20 days that is equal to the proportion that the number of

days contracted to be taught bears to the number of days in the school year;

(

c) despite clauses (

a) and (b), if an education entity has in effect a cumulative

sick leave plan that has been approved by the Minister, any time not

exceeding the number of days in a school year that a teacher does not teach

while on sick leave under the plan are reckoned as days taught.

Teaching service days during paternity leave

25 For the purpose of determining the service of a member of the instructional staff in any

school year, the following periods are reckoned as days taught, and a male teacher must

not suffer a loss in salary if the teacher does not teach when absent on the occasion of the

birth of his child

(

a) for 1 school day or less; or

(

b) for 2 periods on separate school days totalling no more than 1 day.

Teaching service days during adoption leave

(1) For the purpose of determining the service of a member of the instructional staff in

any school year, the following periods are reckoned as days taught, and a teacher

who is an adoptive parent must not suffer a loss in salary if the teacher does not

teach for no more than 5 school days

(

a) at the beginning of the period in which an adopted child who is not eligible

to attend school comes into full care of the teacher; or

(

b) during a period when both adoptive parents are required to be present as a

condition of adoption.

(2) If both parents of an adopted child are teachers, subsection (1) applies to only 1 of

the parents, except that a period of no longer than 1 day or 2 half days may be

claimed by the other parent when both parents are required to be present as a

condition of adoption.

Experience included in public school service

(1) For the purpose of computing the experience of a teacher to determine the salary

applicable to the teacher under the provisions of a collective agreement between

the Minister and the Nova Scotia Teachers’ Union, the following is considered

service in the public schools:

(

a) all service recognized under Sections 21 to 25 and subsection 26(1);

(

b) service as a substitute teacher;

(

c) service by a person holding a teacher’s certificate and who is employed by

an education entity under a probationary, permanent or term contract under

a collective agreement between the Minister and the Nova Scotia Teachers’

Union;

(

d) time spent on active service by a certified teacher as a member of the armed

forces of His Majesty or of an ally of His Majesty or as a member of a

Special Force of the United Nations;

(

e) time spent as a teacher in the Nova Scotia Residential Centre, Truro, or the

Shelburne Youth Centre, Shelburne, or in a resource centre established and

operated pursuant to the Atlantic Provinces Special Education Authority

Act , the Halifax School for the Blind, the School for the Deaf, Halifax, or

the Interprovincial School for the Education of the Deaf;

(

f) service as a teacher in a primary or secondary school that is established and

maintained at public expense as part of a system of free public education in

any part of the Commonwealth outside the Province;

(

g) service as a teacher in a primary or secondary school that is established and

maintained at public expense as part of a system of free public education

recognized by the Minister and that is outside the Commonwealth;

(

h) service as a teacher or instructor in an educational institution approved by

the Minister and operated by the Government of New Brunswick, the

Government of Prince Edward Island or the Government of Newfoundland

and Labrador to the extent that similar service in an educational institution

operated by the Government of the Province is recognized for salary

purposes in the Province of New Brunswick, Province of Prince Edward

Island or Province of Newfoundland and Labrador;

(

i) service as an instructor in a university recognized by the Minister in any part

of the Commonwealth, or in any country under a plan approved by the

(

j) effective on and after July 31, 1974, service in the Province of Ontario as a

teacher or instructor in a community college or college of applied arts and

technology recognized by the Minister;

(

k) a period of no longer than 2 years during which a person holding a teacher’s

certificate was absent from teaching before August 1, 1972, for the purpose

of taking additional study or training of a duration of at least 1 academic

year or the equivalent in each year, in subjects related to education, but only

if, in the judgment of the Minister, the person completed the study and

training in a satisfactory manner;

(

l) a period of no longer than 2 years during which a person holding a teacher’s

certificate and who was employed by an education entity for at least 1 year,

is absent from teaching

(

i) as a result of a medical examination prescribed under these

regulations, or

(ii) for the purpose of taking additional study or training of a duration of

at least 1 academic year or the equivalent in each year, in subjects

related to education, but only if, in the judgement of the Minister, the

person completed the study and training in a satisfactory manner;

(

m) service in the public service of the Province as a teacher or in a professional

capacity related to education;

(

n) no more than 10 years of service as a teacher in a private school approved

by the Minister, but only if the teacher, while teaching in the private school,

held a teacher’s certificate or subsequently obtained a teacher’s certificate;

(

o) no more than 2 years of service as a teacher under an arrangement with

Canadian University Service Overseas, but only if

(

i) the teacher, while teaching under the arrangement, held or was

qualified to hold a teacher’s certificate, and

(ii) the teaching employment is certified in a manner satisfactory to the

Minister;

(

p) service in the employ of the Nova Scotia Teachers’ Union as a full-time

paid officer of the Union;

(

q) time during which a teacher, with the consent of an education entity, attends

and actively participates in a national sports competition in Canada, a

Commonwealth sports competition or an international sports competition, if

the teacher was selected by a duly constituted and recognized Provincial or

national sports governing body to represent the Province or Canada in the

sports competition as a member of an official delegation;

(

r) time during which a teacher is absent from teaching duties while attending

to official duties as a member of the House of Assembly, an education

entity, or the council of a municipality, city or town;

(

s) a period of no longer than 4 weeks when a teacher is absent immediately

following an absence described in clause 26(1)(a).

(2) [repealed]

(3) For the purpose of computing the experience of a teacher in order to determine the

salary applicable to the teacher only for the salary period beginning August 1,

2003, under the provisions of a collective agreement between the Minister and the

Nova Scotia Teachers’ Union, service before and after August 1, 2003, as an

instructor holding a teacher’s certificate in an adult high school in the Province that

continuously offered a Nova Scotia High School Graduation Diploma or a Nova

Scotia High School Graduation Diploma for Adults during the period of service, is

considered service in the public schools.

(4) To determine a teacher’s experience for salary increments for a school year, the

teacher’s total service as of August 1 of the academic school year in which the

teacher applied for the recognition of service and submitted all of the required

documentation must be taken and must not be revised until the beginning of the

next academic school year.

(5) Despite subsection (4), if a teacher with partial years’ service completes the

requirements as set forth in subsections (7) or (8) before January 1 of any school

year, the teacher may apply in writing to the Department for revision for increment

purposes effective January 1 and, if the requirements are met, the teacher may

apply annually for this revision.

(6) If the total number of days taught by a teacher and reckoned as taught under this

Section is equal to at least 175 days in the period January 1 to December 31, 1981,

and in any calendar year after that, and the teacher is not eligible to receive a salary

increment in August of the same calendar year, this service is deemed to be a

whole year for increment purposes and upon application in each year the teacher is

eligible for an increment revision effective January 1 in the next calendar year.

(7) In computing the number of years of a teacher’s service, any school year before

August 1, 1958, in which the teacher was engaged in teaching for 180 days or

more, including days deemed as claimable days, counts as 1 school year, but if a

teacher was engaged in teaching for less than 180 days, including days deemed

claimable days in 2 or more years, the number of school years that may be counted

is the whole number in the quotient of the total number of days on which the

teacher was so engaged in such years, divided by the prescribed number of days in

the school year in which the service was rendered.

(8) In computing the number of years of a teacher’s service for the purpose of these

regulations, any school year beginning on or after August 1, 1958 in which the

teacher was engaged in teaching for 175 days or more, including days reckoned

under this Section, counts as 1 school year, but if a teacher is or has been engaged

in teaching for less than 175 days, including days reckoned under this Section, 2 or

more school years beginning on or after August 1, 1958, the number of school

years that may be counted is the whole number in the quotient of the total number

of days on which the teacher was so engaged in such years, divided by the number

of days constituting a school year under the regulations of the Minister in the

school year or years in which the teacher was so engaged.

Number of hours deemed teaching or service day

(1) For a person engaged otherwise than full time as a teacher, 4 hours of teaching or

providing services is deemed to constitute a day of teaching or providing service.

(2) Despite subsection (1), if a person engaged otherwise than full time as a teacher

provides teaching or services for more than 4 hours on any day, the additional time

is not deemed to constitute teaching time or time providing service on any other

day.

Determining number of consecutive school days taught by substitute teacher

29 A day on which school has been closed by order of the Minister, an education entity or

its representative, or another proper authority, is deemed to be a school day for the

purpose of determining the number of consecutive school days taught by a substitute

teacher.

Salary for substitute teacher on school closure day

30 If a substitute teacher engaged by an education entity or on behalf of an education entity

attends a school and, without notice to the substitute teacher, the school is closed because

of weather conditions or another unforeseen cause, the substitute teacher must be paid

one-half of a day’s salary.

Home Education

Definitions for Act

(1) In clause 83(4)(

a) of the Act, “standardized test” means a nationally or

internationally recognized achievement test given under standard conditions to

measure the level of academic achievement of individual students.

(2) In clause 83(4)(

b) of the Act, “qualified assessor” means a person, other than a

parent of the child whose educational progress is being assessed, whose area of

expertise relating to assessing educational progress includes students within the age

range of the child and who is

(

a) a teacher;

(

b) a person holding a teacher’s certificate issued by the Minister; or

(

c) a faculty member of an education faculty of a university in the Province that

trains teachers,

(3) In clause 83(4)(

c) of the Act, “portfolio of the child’s work” means a

representative, multi-curricula selection of the child’s work performed over a

period of time, selected for the purpose of assisting the Minister in assessing the

child’s progress and achievement.

(4) In subsection 83(5) of the Act, “independent assessor” has the same meaning as

“qualified assessor” as defined in subsection (2).

Registering child for home education

(1) A parent providing a home education program who registers a child for each

school academic year with the Minister under clause 83(2)(

a) of the Act, must,

(

a) if registering the child for a full school academic year, submit the

registration to the Minister on or before September 20 of the school

academic year in which the parent wishes to provide the program; or

(

b) if registering the child for less than the full school academic year, submit the

registration to the Minister before beginning the home education program.

(2) A registration submitted under subsection (1) must be in a form approved by the

Minister and must include,

(

a) if the child has previous public school experience, the last grade level

attained;

(

b) if the child has previous home education experience, the program level of

achievement and estimated equivalent public school grade level; and

(

c) identification of the proposed home education program.

Reporting child’s home education progress

33 A progress report required by clause 83(2)(

b) of the Act to be submitted by the parent of

a child in a home education program must be provided to the Minister

(

a) at least once a year in June of the school academic year in which the child

takes the home education program; and

(

b) in a manner consistent with the type of program provided and that

accurately reflects the child’s progress.

Administering assessment instrument

34 An assessment instrument authorized by the Minister through which a child in a home

education program is assessed under subsection 83(6) of the Act must be

(

a) administered to the child by an education entity at the same time and under

the same conditions as it is administered to public school students; and

(

b) taken by the child with age-alike or grade-alike public school students.

Private Schools

Applying for recognition of private school program of studies

(1) A private school applying to have the school’s program of studies recognized by

the Minister under

Section 87 of the Act as meeting the requirements for a high

school leaving certificate must submit all of the following information to the

Minister:

(

a) the name of the persons or body owning the school;

(

b) the name of the school;

(

c) the location of the school;

(

d) the names of the operators of the school;

(

e) the number of students enrolled in the school on September 30 of the year

the application is made.

(2) An application for recognition of a private school program must be made on or

before October 31 of the school year preceding the school year for which the

application is made.

Application must include detailed description of program

36 An application for recognition of a private school program under

Section 87 of the Act

must include a detailed description of its program of studies, including all of the

following:

(

a) a description of the compulsory and elective courses offered from the public

school program;

(

b) a description of courses offered that are different from the courses set out in

the public school program;

(

c) a description of how the compulsory and elective credit requirements

specified in the public school program are met by the private school’s

program of studies.

Minister may recognize private school courses

(1) The Minister may, at the request of a private school, recognize courses offered by a

private school that are different from the courses offered in the public school

program.

(2) A private school that requests recognition of its courses under this

Section must

provide all of the following information to the Minister:

(

a) a statement of the philosophy, outcomes, content, scope and sequence of

each course;

(

b) the list of major learning resources for each course approved by the

governing body of the school;

(

c) a description of how the courses contribute to the public school program

high school leaving requirements;

(

d) the number of hours of instruction for each course;

(

e) Provincial course coding equivalents for all courses and programs;

(

f) an outline of instructional strategies used;

(

g) an outline of evaluation strategies and procedures.

Minister’s considerations

38 In determining whether to recognize the program of studies of a private school, the

Minister may consider

(

a) whether the compulsory and elective courses from the public school

program offered by the private school meet the requirements for a high

school leaving certificate;

(

b) whether the courses referred to in

Section 37 are reasonably equivalent to

the compulsory and elective courses from the public school program that

meet the requirements for a high school leaving certificate;

(

c) whether the qualifications of the teachers of the courses are to the

satisfaction of the Minister in accordance with

Section 41.

Term of recognition of private school program

(1) Recognition by the Minister of a private school’s program of studies is valid for a

term as determined by the Minister, which must not exceed 3 years.

(2) A private school may reapply to the Minister for recognition of its program of

studies.

(3) A reapplication under subsection (2) must not be made sooner than 6 months

before or later than 5 months before the end of the term of the recognition.

Private school records required

(1) A private school that receives recognition under

Section 87 of the Act must keep

records of student enrolment and student progress and any other statistical

information required by the Minister in a form acceptable to the Minister.

(2) A student record in a private school means the Student Cumulative Record Card or

an equivalent approved by the Minister.

(3) Student records kept by a private school must be maintained and not destroyed.

Qualifications of private school teachers

41 A private school making an application for recognition under

Section 87 of the Act must

demonstrate, to the satisfaction of the Minister, that each teacher assigned to teach the

high school program of studies at the school

(

a) is eligible for teacher certification in Nova Scotia;

(

b) holds a teacher’s certificate from another Canadian jurisdiction; or

(

c) has subject matter and pedagogical expertise satisfactory to the Minister.

Attendance at private school

42 A child enrolled in a private school must attend the school during the time required by

the rules and regulations of the school.

Designated Special Education Private Schools

Definitions

43 In this

Section and Sections 44 to 46,

“adaptations plan”, in respect of a student, means a documented plan for achieving

the curriculum outcomes of the public school program that accommodates the

specific learning needs of the student;

“designated special education private school” means a special education private

school designated under

Section 44 or continued under

Section 45;

“extra-Provincial private educational institution” means an educational institution

that is located outside of the Province and is not publicly funded;

“funded student” means a student for whom a funding unit has been granted under

subsection 56(1);

“funding unit” means an amount of money

(

i) calculated in accordance with

Section 57, and

(ii) payable for tuition fees for a school year at a designated special

education private school or a registered special education private

school;

“individualized program plan”, in respect of a student for whom the curriculum

outcomes of the public school program are not applicable or attainable, means a

documented plan for achieving annual and specific individualized outcomes

instead of the curriculum outcomes of the public school program that

accommodates the learning strengths and challenges of the student;

“registered special education private school” means a special education private

school registered under

Section 49;

“resident” means a person who resides in the Province as a Canadian citizen or

permanent resident as defined by the Immigration and Refugee Protection Act

(Canada);

“Reviewer” means the Reviewer appointed under subsection 53(1) to review

applications for funding units or supplements under these regulations;

“special education private school” means a private school or extra-Provincial

private educational institution that offers and delivers educational programs and

services to meet the needs of students with special needs only, and includes a

natural person, an association of natural persons, a partnership and a corporation;

“student with special needs” means a student with attention deficit hyperactivity

disorder (ADHD), autism spectrum disorder (ASD) or a learning disability (LD),

as diagnosed by 1 of the following:

(

i) a licensed physician,

(ii) a registered psychologist or candidate registered psychologist with

expertise and training in making the diagnosis;

“supplement” means an amount of money, calculated in accordance with

Section

60, that is payable in addition to a funding unit for tuition fees for a school year at

a designated special education private school or a registered special education

private school;

“transition plan”, in respect of a student, means a documented plan for achieving

annual and specific individualized outcomes to enable the student to transition

from a designated special education private school or a registered special education

private school to a public school or post-secondary educational institution, that

accommodates the learning needs of the student;

“Tuition Appeal Board” means the Tuition Appeal Board appointed under

subsection 65(1) to hear appeals of decisions in accordance with

Section 66;

“tuition support funding” means either

(

i) a funding unit, or

(ii) a funding unit and a supplement.

Designation as designated special education private school

(1) A private school that is a special education private school that has been in

operation for at least 1 year may apply to the Minister, in the manner and form

required by the Minister, for designation or renewal of its designation as a

designated special education private school.

(2) The Minister may designate a private school that applies under subsection (1) as a

designated special education private school if the Minister is satisfied that the

school meets all of the following requirements:

(

a) each individual employed on the school’s teaching staff

(

i) holds a teacher’s certificate issued by the Minister, and

(ii) has demonstrated qualifications or competencies to teach students

with special needs;

(

b) the school follows the public school program;

(

c) the school has rules and procedures in place for disciplining, suspending and

expelling students that incorporate the principles of natural justice and

procedural fairness and accord with the policies and procedures made by the

Minister;

(

d) the school is not insolvent, as defined in subsection (3);

(

e) the school maintains the financial security required by the Minister,

including a fidelity bond;

(

f) the school maintains a general liability insurance policy or other form of

indemnification in an amount determined by the Minister and on the terms

and conditions determined by the Minister;

(

g) the school has measures in place, similar to those followed by education

entities, to ensure the safety of students and protect the students from harm

from its employees or other students;

(

h) the school is not affiliated with a religious faith or denomination, and is

either

(

i) recognized as a non-profit organization under the Income Tax Act

(Canada), or

(ii) registered as a charitable organization under the Income Tax Act

(Canada).

(3) In clause (2)(d), “insolvent” means any of the following:

(

a) unable, for any reason, to meet financial obligations as they become due;

(

b) unable to pay financial liabilities in the course of business as those liabilities

become due;

(

c) unable to meet financial obligations due and accruing because the aggregate

of its property

(

i) is not, at a fair value, sufficient to pay all the financial obligations

that are due or accruing, or

(ii) if disposed of at a fairly conducted sale, would not be sufficient to

pay all the financial obligations that are due and accruing.

(4) A designation made under this

Section is valid for 2 years unless suspended or

revoked under

Section 47.

Continuation of designations made before August 15, 2011

45 A private school designated under regulations as a designated special education private

school on or before August 15, 2011, is deemed to be designated in accordance with

Section 44 and the designation remains valid until the expiry date of the designation

unless suspended or revoked under

Section 47.

Refusal of designation

46 The Minister may refuse to designate or renew the designation of a private school that

applies under subsection 44(1) for any of the following reasons:

(

a) the information supplied in the application is incomplete;

(

b) in the Minister’s opinion, the school does not meet the requirements of

subsection 44(2).

Suspension or revocation of designation

47 The Minister may suspend or revoke a designation of a designated special education

private school if, in the Minister’s opinion, the school fails to meet the requirements of

Section 48.

Ongoing obligations and monitoring of designated school

(1) A private school designated as a designated special education private school must

continue to meet the requirements in subsection 44(2) and do all of the following:

(

a) at the request of the Minister, provide proof of the school’s compliance with

subsection 44(2);

(

b) report annually to the Minister on the types of interventions and

instructional strategies that the school uses to meet the needs of funded

students enrolled at the school;

(

c) for each funded student enrolled at the school during a school year,

(

i) develop and implement an individualized program plan or an

adaptations plan for the school year,

(ii) at the end of the school year, provide the Minister with a copy of an

annual report for the school year, as set out in subsection (2),

(iii) meet with the funded student’s education entity at least 2 times

during the school year to explain and share documented evidence of

the funded student’s progress and achievements,

(iv) conduct provincial assessments and examinations at the request of

the Minister;

(

d) develop a transition plan with the funded student’s education entity for each

funded student who intends to

(

i) return to a public school or a publicly funded school the following

school year, or

(ii) pursue post-secondary studies the following school year.

(2) The annual report required by clause (1)(c)(ii) must include all of the following for

the funded student:

(

a) a record of academic progress for the school year;

(

b) an attendance record for the school year;

(

c) an individualized program plan or an adaptations plan for the school year.

Application for registration as registered special education private school

(1) An extra-Provincial private educational institution that is a special education

private school that has been in operation for at least one year may apply to the

Minister, in the manner and form determined by the Minister, for registration or

renewal of its registration as a registered special education private school.

(2) The Minister may register an extra-Provincial private educational institution that

applies under subsection (1) if the Minister is satisfied that the school meets the

requirements of clauses 44(2)(

a) to (

h) and all of the following requirements:

(

a) each individual employed on the school’s teaching staff

(

i) holds a teacher’s certificate from the teacher certification authority of

the jurisdiction where the extra-Provincial private educational

institution is located, and

(ii) has demonstrated qualifications or competencies to teach students

with special needs;

(

b) the school follows the equivalent of the public school program;

(

c) the school offers French-first-language programs and services for students

with special needs.

(3) A registration made under this

Section is valid for 2 years unless suspended or

revoked under

Section 51.

Refusal of registration

50 The Minister may refuse to register or renew the registration of an extra-Provincial

private educational institution that applies under

Section 49 for any of the following

reasons:

(

a) the information supplied in the application is incomplete;

(

b) in the Minister’s opinion, the applicant does not meet the requirements of

subsection 49(2).

Suspension or revocation of registration

51 The Minister may suspend or revoke a registration made under

Section 49 if, in the

opinion of the Minister, the registered school fails to meet the requirements of

Section

Ongoing obligations and monitoring of registered school

52 A registered special education private school must continue to meet the requirements in

subsection 49(2) and do all of the following:

(

a) at the request of the Minister, provide proof of the school’s compliance with

subsection 49(2);

(

b) comply with the ongoing requirements for a designated school in subsection

48(1).

Reviewer

(1) The Minister must appoint a person who has recognized professional qualifications

and experience in working with students with special needs to serve as the

Reviewer.

(2) The Reviewer holds office for 2 years and may not be reappointed.

(3) The Reviewer may be paid any remuneration and reimbursement of expenses that

the Governor in Council determines.

(4) The Reviewer must issue an annual report and provide a copy of the report to the

Minister.

(5) If the person appointed as Reviewer resigns office or retires, or if their term of

office expires or is terminated, that person maintains jurisdiction as Reviewer over

any application, matter or thing required to be determined by the Reviewer,

including the power to complete any unfinished matter and give a decision in that

matter as if the Reviewer had not resigned or retired or their term of office had not

expired or been terminated.

Eligibility for applying for funding unit

(1) A student is eligible to apply for a funding unit for a school year at a designated

special education private school if all of the following criteria are met:

(

a) the student is a student with special needs and has received or is offered an

individualized program plan for the following school year;

(

b) the student was a student at a publicly funded school during a previous

school year;

(

c) the student has secured a placement at the school any time during the school

year for which the funding unit is sought;

(

d) on the date of enrolment in the school,

(

i) the student is or will be a resident of the Province, and

(ii) a parent of the student is or will be a resident of the Province.

(2) A student is eligible to apply for a funding unit for a school year at a registered

special education private school if all of the following criteria are met:

(

a) the student is a student with special needs and has received or is offered an

individualized program plan for the following school year;

(

b) the student was a student at a publicly supported school in Canada that

offered French-first-language programs and services to the student during a

previous school year;

(

c) the student has secured a placement at the school any time during the school

year for which the funding unit is sought;

(

d) on the date the application is made, the student is a resident of the Province;

(

e) the student is entitled to be provided a French-first-language program of the

Conseil under

Section 12 of the Education (CSAP) Act .

Application for funding unit

(1) A student who meets the eligibility criteria for a funding unit set out in

Section 54

may apply to the Reviewer for a funding unit on a form prescribed by the Minister.

(2) A completed application for a funding unit must be submitted no later than July 31

of the school year during which the student is enrolled at the designated special

education private school or the registered special education private school and for

which the funding unit is being sought and must include all of the following:

(

a) documented evidence, in a form satisfactory to the Reviewer, that all the

eligibility criteria for a funding unit set out in subsection 54(1) or (2) are

met;

(

b) an outline of the programs and services being offered to the student by the

designated special education private school or registered special education

private school;

(

c) a written rationale prepared by the student explaining how the programs and

services referred to in clause (

b) will benefit the student’s academic and

behavioural well-being;

(

d) for a student who has been diagnosed with a learning disability, a

psycho-educational assessment of the student completed by a registered

psychologist or a candidate registered psychologist.

(3) A parent may apply under subsection (1) on behalf of a student under the age of

majority.

Review and grant of funding unit

(1) On receiving an application for a student under

Section 55, the Reviewer may

grant a funding unit for the student.

(2) If the Reviewer grants a funding unit under subsection (1), the Reviewer must

notify all of the following:

(

a) the funded student;

(

b) the designated special education private school or the registered special

education private school in which the funded student is enrolled;

(

c) the funded student’s education entity;

(

d) the Minister.

(3) The Reviewer may refuse to grant a funding unit for any of the following reasons:

(

a) in the Reviewer’s opinion, all the applicable eligibility criteria for a funding

unit set out in subsection 54(1) or (2) are not met;

(

b) the information required by

Section 55 is incomplete;

(

c) the Reviewer does not consider the programs and services outlined under

clause 55(2)(

b) to be acceptable;

(

d) the Reviewer does not consider the rationale prepared under clause 55(2)(

c) to be acceptable.

(4) If the Reviewer refuses to grant a funding unit under subsection (3), the Reviewer

must notify the applicant in writing and include with the notice the reasons for the

refusal.

Calculation of funding unit

57 A funding unit is calculated as the average per student allocation of combined Provincial

and municipal funding to education entities for the school year as of March 31 of the

previous fiscal year, as determined by the Minister.

Application for supplement

(1) A funded student may apply to the Reviewer for a supplement for the same school

year that their funding unit applies to, on a form prescribed by the Minister.

(2) A complete application for a supplement must be submitted to the Reviewer by no

later than July 31 of the school year during which the student is enrolled at the

designated special education private school or the registered special education

private school and for which the funding unit is being sought and must include

sufficient information to satisfy the Reviewer that additional financial assistance is

required, considering all the financial resources available to the funded student.

(3) A parent may make an application under subsection (1) on behalf of a student

under the age of majority.

Review and grant of supplement

(1) On receiving an application for a student under

Section 58, the Reviewer may

grant a supplement for the student.

(2) If the Reviewer grants a supplement, the Reviewer must notify all of the following:

(

a) the funded student;

(

b) the designated special education private school or the registered special

education private school in which the funded student is enrolled;

(

c) the Minister.

(3) The Reviewer may refuse to grant a supplement for any of the following reasons:

(

a) the information required by subsection 58(2) is incomplete;

(

b) in accordance with guidelines established by the Minister, the Reviewer

does not consider that the funded student requires financial assistance in

addition to a funding unit.

(4) If the Reviewer refuses to grant a supplement under subsection (3), the Reviewer

must notify the applicant in writing and include the reasons for the refusal.

Calculation of supplement

60 The Reviewer must calculate the amount of a supplement in accordance with guidelines

established by the Minister, but a supplement must be less than the lower of the

following amounts:

(

a) the amount of the funding unit granted to the funded student;

(b) 90% of the tuition fees charged by the designated special education private

school or registered special education private school in which the student is

enrolled.

Reapplying for tuition support funding

61 For greater certainty, a funded student must reapply for tuition support funding under

these regulations for each year of funding availability under

Section 62.

Maximum tuition support funding availability

(1) Except as provided in subsection (2), tuition support funding is available for a

maximum of 3 school years.

(2) The Reviewer may grant tuition support funding for a student who applies for a 4th

year of tuition support funding if all of the following requirements are met:

(

a) the student has been a funded student and meets the requirements for the

tuition funding under these regulations;

(

b) there is a transition plan in place for the student for the following school

year developed by the funded student’s education entity and the designated

special education private school or the registered special education private

school in which the student is enrolled.

Remittance of tuition support funding

(1) A designated special education private school or a registered special education

private school in which a funded student is enrolled must provide confirmation of

the funded student’s enrolment and the tuition support funding invoices to both of

the following:

(

a) the funded student’s education entity;

(

b) the Minister.

(2) The confirmation and invoices required by subsection (1) must be provided by the

following deadlines:

(

a) for a student who is enrolled on or before September 30 of a school year, by

September 30 and March 1 of the school year;

(

b) for a student who is enrolled after September 30 of a school year, no later

than 30 days after the date of enrolment.

(3) On receiving the confirmation and invoices required by subsection (1), the funded

student’s education entity must remit the funding unit for the student to the school

as follows:

(

a) for a student who is enrolled in the school on or before September 30 of a

school year, in the following 2 instalments:

(i) 60% of the funding unit must be remitted no later than October 30 of

the school year to which it applies, and

(ii) the remaining 40% of the funding unit must be remitted no later than

April 1 of the school year to which it applies;

(

b) for a student who is enrolled in the school after September 30 of a school

year, in accordance with the directions of the Minister.

(4) On receiving the confirmation and invoices required by subsection (1), the Minister

must remit the supplement for the student to the school.

Appointments to Tuition Appeal Board

(1) The Governor in Council must appoint a person who has recognized professional

qualifications and experience in working with students with special needs to serve

as the single adjudicator of the Tuition Appeal Board to hear appeals under

Section

(2) A person appointed to the Tuition Appeal Board under subsection (1) holds office

for 3 years and may not be reappointed.

(3) A person appointed to the Tuition Appeal Board may be paid any remuneration

and reimbursement of expenses the Governor in Council determines.

(4) If a person appointed as the single adjudicator of the Tuition Appeal Board resigns

office or retires, or if their term of office expires or is terminated, that person

maintains jurisdiction as the Tuition Appeal Board over any application, matter or

thing required to be determined by the Board, including the power to complete any

unfinished matter and give a decision in that matter as if the person had not

resigned or retired or their term of office had not expired or been terminated.

Decisions that may be appealed to the Tuition Appeal Board

(1) A student may appeal any of the following decisions made by the Reviewer:

(

a) a refusal to grant a funding unit under subsection 56(3);

(

b) a refusal to grant a supplement under subsection 59(3);

(

c) the amount of a supplement granted under

Section 59 in accordance with

Section 60.

(2) A special education private school may appeal any of the following decisions made

by the Minister:

(

a) a refusal to designate or renew the designation of the school under

Section

46;

(

b) a suspension or revocation of the school’s designation under

Section 47;

(

c) a refusal to register or renew the registration of the school under

Section 50;

(

d) a suspension or revocation of the school’s registration under

Section 51.

Appealing a decision of the Reviewer

(1) An appellant must deliver a notice of appeal in writing to the Tuition Appeal

Board no later than 30 days after the date of the decision to be appealed.

(2) The Tuition Appeal Board must hold a hearing that provides the appellant with an

opportunity to present evidence, including new information, and make

representations.

(3) A hearing of an appeal under this

Section is not open to the public.

(4) The Tuition Appeal Board must observe the confidentiality of all documents and

records pertaining to an appeal.

(5) The Tuition Appeal Board may do any of the following in deciding an appeal:

(

a) confirm the decision appealed from;

(

b) vary the decision appealed from;

(

c) rescind the decision appealed from.

Decisions of the Tuition Appeal Board

(1) A decision of the Tuition Appeal Board must be in writing and must include

reasons for the decision.

(2) A decision of the Tuition Appeal Board is final and binding.

(3) The Tuition Appeal Board must notify all of the following of any decision:

(

a) the appellant;

(

b) the Reviewer;

(

c) the Minister;

(

d) for a student’s successful appeal of a decision referred to in clause 65(1)(a),

the funded student’s education entity.

Public/Private Sector Development and Service Agreements

Definitions

68 For the purposes of this Section,

Section 69 and the Act,

“acquire” or “acquired” includes the acquisition by lease, sublease, licence, permit

or agreement or in any other manner either with or without payment or other

consideration;

“convey title” includes conveyance by lease, sublease, licence, permit or agreement

either with or without payment or other consideration;

“development agreement” means an agreement with a private sector developer

pursuant to which the private sector developer, its successors or assigns, agrees to

design, finance, plan, engineer, procure, construct, furnish, equip, commission,

own or lease any real or personal property for the purposes of a learning centre;

“learning centre” means a learning centre

(

i) constructed, commissioned or equipped or to be constructed,

commissioned or equipped pursuant to a development agreement, or

(ii) managed, operated or maintained pursuant to a service agreement,

and includes the land on which the learning centre is situate;

“private sector developer” means a person or association of persons, including but

not limited to a joint venture or limited partnership, other than the Province or an

education entity;

“school property” includes a learning centre;

“service agreement” means an agreement with a private sector developer pursuant

to which the private sector developer, its successors or assigns, agrees to manage,

operate, maintain, repair or keep safe any real or personal property for the purposes

of a learning centre.

Development agreement or service agreement

(1) The Minister may, with the approval of the Governor in Council, enter into and

carry out a development agreement or a service agreement.

(2) If the Minister enters into a development agreement or a service agreement, an

conditions of the development agreement or the service agreement,

(

a) acquire all or part of any real or personal property of the learning centre for

the purposes of a public school or community facility;

(

b) enter into and carry out an agreement with the Minister, a private sector

developer or a municipality respecting the use, control, management,

operation, maintenance, repair or keeping safe of all or any part of any real

or personal property of the learning centre acquired for the purposes of a

public school or community facility.

(3) If an education entity acquires property or enters into an agreement under clause

(2)(

a) or (b),

(

a) the education entity must control the property in accordance with the terms

of the acquisition and the agreement with the Minister; and

(

b) the education entity must operate and maintain the buildings, equipment and

supplies forming part of the property in accordance with the terms of the

acquisition and the agreement with the Minister.

(4) If an education entity acquires property by licence from the Minister under clause

(2)(

a) or enters into an agreement with the Minister under clause (2)(b), the licence

or agreement must be in the form set out in

Schedule A or to like effect and may

Compensation

Compensation for senior staff of education entities

(1) For the purpose of this

Section and Sections 71 to 73, “member” and “senior staff”

mean “senior staff” as defined in the Ministerial Education Act Regulations for the

applicable education entity.

(2) Effective on the date set out in

Schedule B, senior staff of an education entity must

be paid a salary as set out in Sections 71 to 73 and in accordance with

Schedule B

and the compensation framework guidelines.

(3) If the salary of a member on the date set out in

Schedule B exceeds the

corresponding salary applicable to a position determined in accordance with

Schedule B and the compensation framework guidelines, the member’s salary will

remain the same, so long as they remain in that position, until the salary applicable

to the position is greater than the member’s salary as of the date set out in

Schedule

(4) A member’s salary must not decrease below the salary paid before the date set out

in

Schedule B, except when there is a change in the member’s job assignment as

set out in

Section 71.

Placement and changes in job assignment

71 The salary of a member upon hiring or job change as set out in

Schedule B is as set out

in the compensation framework guidelines.

Step increases through salary ranges

72 Senior staff may receive a step increase in the salary bands in

Schedule B on August 1st

of each year as set out in the compensation framework guidelines.

Economic adjustment

73 The salaries in

Schedule B may be increased in accordance with an increase required by

an enactment, economic adjustments approved by the Treasury and Policy Board or as

directed by the Treasury and Policy Board.

________________________________________________________________

Schedule A: Learning Centre Licence Agreement

This Agreement made the day of ,.

Between

His Majesty the King in Right of the Province of Nova Scotia ,

represented in this behalf by the Minister of Education and Early Childhood

Development, hereinafter called “the Licensor”,

of the first part

- and -

Education Entity

hereinafter called “the Licensee”,

of the second part

Witnesseth that in consideration of the sum of $1.00 paid by the Licensee to the Licensor,

receipt whereof is hereby acknowledged, the Licensor grants to the Licensee a licence to use,

manage, operate, maintain, repair and keep safe the real and personal property of the learning

centre defined in the service agreement made the day of , between

and His Majesty the King in right of the Province of Nova Scotia as represented by the Minister

of Education and Early Childhood Development, a copy of which is attached hereto as

Schedule

“A” and that is hereinafter referred to as the “Service Agreement”.

The use, management, operation, maintenance, repair and keeping safe of the learning centre by

the Licensee shall coincide with the Licensor’s rights and responsibilities under the Service

Agreement that are hereinafter delegated by the Licensor to the Licensee and shall be otherwise

subject to and in accordance with the provisions of the Service Agreement.

The Licensor hereby delegates to the Licensee the following rights and responsibilities of the

Licensor under the Service Agreement:

The term of this Agreement shall coincide with the term of the Service Agreement and any

renewal thereof.

In witness whereof the parties have executed this Agreement the day and year first above

written.

Signed, sealed and delivered )

in the presence of )

) His Majesty the King in Right of

) the Province of Nova Scotia

) represented by the Minister of

) Education and Early Childhood Development

_________________________________ )_____________________________________

) Minister of Education and Early

) Childhood Development

_________________________________ )_____________________________________

) Education Entity

________________________________________________________________

Schedule B: Salary Pay Plans

Effective July 31, 2024

Band

Minimum Biweekly

Maximum Biweekly

Position

80%

100%

$4,715.28

$5,894.10

Director

$5,054.78

$6,318.48

Director

$5,418.70

$6,773.38

Director

$5,689.66

$7,112.08

Regional Executive

Director/Superintendent

$5,974.12

$7,467.65

Regional Executive

Director/Superintendent

$6,272.85

$7,841.06

Regional Executive

Director/Superintendent

Effective August 1, 2024

Band

Minimum Biweekly

Maximum Biweekly

Position

80%

100%

$4,856.74

$6,070.92

Director

$5,206.42

$6,508.03

Director

$5,581.26

$6,976.58

Director

$5,860.35

$7,325.44

Regional Executive

Director/Superintendent

$6,153.34

$7,691.68

Regional Executive

Director/Superintendent

$6,461.03

$8,076.29

Regional Executive

Director/Superintendent

Effective August 1, 2025

Band

Minimum Biweekly

Maximum Biweekly

Position

80%

100%

$4,953.87

$6,192.34

Director

$5,310.55

$6,638.19

Director

$5,692.89

$7,116.11

Director

$5,977.56

$7,471.95

Regional Executive

Director/Superintendent

$6,276.41

$7,845.51

Regional Executive

Director/Superintendent

$6,590.26

$8,237.82

Regional Executive

Director/Superintendent

________________________________________________________________

Schedule C: [repealed]

Legislative History

Reference Tables

Governor in Council Education Act Regulations

N.S. Reg.

50/2018

Education Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Governor in Council Education Act Regulations made

under the Education Act includes all

of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

50/2018

Apr 1, 2018

date specified

Apr 13, 2018

145/2018

Aug 1,

date

specified

Aug

17, 2018

90/2019

Jun

20, 2019

date

specified

Jul 5,

126/2019

Sep 3,

date

specified

Sep

27, 2019

35/2021

Feb 4,

date

specified

Feb

26, 2021

165/2021

Dec

14, 2021

date

specified

Dec

31, 2021

115/2023

Jun

22, 2023

date

specified

Jul

14, 2023

66/2024

Mar

12, 2024

date

specified

Mar

22, 2024

172/2024

Aug

15, 2024

date

specified

Aug

23, 2024

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2, defn . of “compensation

framework guidelines” .....................................

ad. 115/2023

7(2) ...................................................

am. 172/2024

7(2)(a) ...........................................

am. 172/2024

7(2)(c)-(d) .....................................

am. 172/2024

7(4) ...................................................

am. 172/2024

7(6) ...................................................

am. 172/2024

8(1), defn . of “international

student program” ........................................

am. 172/2024

8(2) ...................................................

am. 172/2024

8(4)-(6) .............................................

am. 172/2024

11-12 .................................................

am. 172/2024

13(1) .................................................

am. 172/2024

13(2) .................................................

am. 172/2024

13(2)(b) .........................................

am. 172/2024

14 ......................................................

rs . 90/2019

14, defn .

of “DPW” .....................

ad. 172/2024

14, defn .

of “DTIR” .....................

rep. 172/2024

14(2)(b) ........................................

am. 145/2018

14(4)(a)(ii)(B) ..............................

am. 145/2018

14(4)(b)(ii) ...................................

am. 145/2018

114A .................................................

ad. 90/2019

14A(1)(a)(i) ..................................

am.

172/2024

14 A( 2) ..........................................

am.

172/2024

114B .................................................

ad. 90/2019 ; am. 172/2024

14 B( 1) ...........................................

am.

172/2024

14B(2)(a) ......................................

am.

172/2024

14B(3)(b) ......................................

am.

172/2024

14C ...................................................

ad. 90/2019 ; am. 172/2024

14D ...................................................

ad. 90/2019

14 D( 1) ..........................................

am .

172/2024

15(2) .................................................

am. 172/2024

15(2)(a) .........................................

rs . 90/2019

15(2)(a)(i) .....................................

am. 172/2024

15(2)(b) .........................................

rs . 90/2019; am. 172/2024

15( 2)( ba ) .......................................

ad. 90/2019

15(2)(c) .........................................

am. 90/2019, 172/2024

15(4) .................................................

rs . 90/2019

15(5)-(6) ...........................................

ad. 90/2019

17 ......................................................

am. 145/2018

21(1) .................................................

am. 145/2018

21(1)(a)-(b) ...................................

am. 145/2018

21(1)(c) .........................................

am. 145/2018

21(1)(c)(ii) ....................................

am. 172/2024

22 ......................................................

ra. as 22(1) 145/2018

22(1) ............................................

ra. from 22 145/2018 ; am. 145/2018

22(1)(b) .......................................

rs . 145/2018; am. 172/2024

22(1)(d) .......................................

am. 145/2018, 172/2024

22(1)(h) .......................................

am. 145/2018

22(1)(j) ........................................

am. 145/2018

22(2) ............................................

ad. 145/2018

23(1) .................................................

am. 145/2018

23(1)(a)-(b) .......................................

am. 145/2018

23(1)(d)-(e) .......................................

am. 145/2018

27(1)(d) .............................................

am. 172/2024

27(1)(f)-(g) .......................................

am. 145/2018

27(2) .................................................

rep. 145/2018

27(8) .................................................

am. 145/2018

30 ......................................................

am. 145/2018

35(1)(d) .............................................

am. 145/2018

43 ......................................................

am. 145/2018 (definitions placed in alphabetical order)

43, defn . of “funded student’s

education entity” ......................

rep. 172/2024

43, defn . of “special

education private school” .....................................

am. 145/2018

69(3)(b) .............................................

am. 172/2024

70 ......................................................

rs . 115/2023

70(1)-(2) .......................................

am. 172/2024

71-73 .................................................

rs . 115/2023

74 ......................................................

rep. 115/2023

74(2)(a) ........................................

am. 145/2018

75 .....................................................

rep. 115/2023

76 .....................................................

rep. 115/2023

76(2) ............................................

am. 145/2018

rep. 115/2023

77(1)(b)(ii) ...................................

am. 145/2018

78-79 .................................................

rep. 115/2023

Schedule A .......................................

am.

172/2024

Schedule B ........................................

rs . 115/2023, 66/2024; am. 172/2024

Schedule C ........................................

rs . 145/2018, 126/2019, 35/2021,

165/2021; rep. 115/2023

“DTIR”

replaced throughout with “DPW” .............................................

am. 172/2024

“DTIR’s”

replaced throughout with “DPW’s” ...........................................

am. 172/2024

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

N.S. Reg. 145/2018 purports to amend s. 77(1)(2)(ii),

which does not exist. Amendment applied to s. 77(1)(b)(ii).

The reference to the Department of Transportation and

Infrastructure Renewal in s. 14 should be read as a reference to the

Department of Transportation and Active Transit in accordance with O.I.C.

2021-56 under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Feb 23, 2021

The reference to the Department of Transportation and

Infrastructure Renewal in s. 14 should be read as a reference to the

Department of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act , R.S.N.S. 1989, c.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.