Bill 28 — Third Session, 17Th Legislature, ~Deffzabeth Ii the Legislative Assembly of Alberta Bill 28 the School Amendment Act, 1974 (Legislature 17, Session 3)

L17 S3 5294

Alberta — Bills

1974 Bill 28 Third Session, 17th Legislature, ~DEffzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 28 The School Amendment Act, 1974 THE MINISTER OF EDUCATION First Reading .............................. . Second Reading ............................ . Third Reading printed by L. S. WALL, Queen's Printer fQr the province of Alberta, EDMONTON

Bill 28 BILL 28 1974 THE SCHOOL AMENDMENT ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The School Act is hereby amended.

Section 2, clause (

e) is amended by striking out sub clause (iii) and by substituting the following: (iii) who (

A) in the case of a vote, is resident in the dis trict 'Or dhnision in w hi,ch the vote is to be held on nomination day, or (

B) in the case of a petition, is resident in the district or division ~n which the petition is to be presented on the day upon which he signs the petiti'On, and who has been a resident of Alberta for the six consecutive months immediately preceding nomination day or the day upon which he signs the petition,as the case may be;

Section 6 is amended by striking out clause (

d) and by substituting the. following clause: (

d) by announcement, giving the time, place, date and purpose of the meeting on three consecutive days during the eight days immediately preceding the day of the meeting, (

i) on a radio. station s'erving the district or divis ion, between the hours of 7 :00 a.m. and 9 :00 a.m. or 5 :00 p.m. and 11 :00 p.m., or (ii) on a television station serving the district or division, between the hours 'Of 5 :00 p.m. and 11 :00 p.m.

Explanatory Notes 1. This Bill will amend

chapter 329 of the Revised Statutes of Alberta 1970.

Section 2, clause (

e) presently reads: (e) "elector" means a person (i) 18 years of age or older. (ii) who is a Canadian citizen or British subject, and (iii) resident, (

A) in the case of a vote, in Ithe district o.r divisio.n in which the vote is to be held for at least the 12 months immediately preeeding polling day, or (

B) in the case of petition, in a district or division for 31t least the 12 months immediately preceding the day on which the petitio.n is pres'ented;

Section 6, clause (

d) presently reads: 6. Where any public meeting i,s -called, the notice of the publi-c meeting shall be given in a form prescribed by the Minister in at least two of the following ways: (

d) by anno.uncement, ,giving the time, place, date and purpose of the meeting, between ,the hours of 5 p.m. and 11 p.m. on three succes,sive days during the eight days immediately prilOr to. the day of the meeting, on a radio or televisio.n station serving the district 'Or division.

Section 12, subsection (1) is amended (

a) by striking out clause (

f) and by substituting the following: (

f) respecting the matters rconc'erning which boards, trustees, teachers and other employees of boards must supply information, including the times and dates by which the matters must be reported on and information supplied, (

b) as to clause (

n) by striking out the words "notice of its intention to" and by substituting the words "notice of its intention to and the conditions under which it may".

Section 13 is amended by striking out subsection (2) and by substituting the following subsection:

(2) The IVnnister may delegate all or any of his powers 'Or dutHes under

section 65, 93, 95, 96, 98, 99, 115, 116 or 144 to any person designated by him in writing.

Section 39, subsection (1) is amended by striking out the words "shall elect" and by substituting the words ",shall, and periodically thereafter at such intervals las the board may determine, elect".

Section 46 is anLended by adding the following sub

section after subsection (2):

(3) Notwithstanding subsections (1) and (2), where a board wishes to 'increase the honoraria payable to (a) 'One or more trustees, or (

b) rany person appointed to a comm,irbtee of the board, it shall dro S'O by by-law, and (

c) give first reading of the by-law in accordance with subsection (2), (

d) give second reading 'Of the by-law no earlier than 14 days af,ter the date of first reading of the by-law, and (

e) give third reading of the by-law no earlier than 14 days after the date of second reading of the by-law, and where each board member has in his possession fa writ ten 'Or printed copy of the by-law, the second 'and third readings may be by title and description only.

Section 65, subsection (4), clause (

f) is amended by striking olut the word "provide" and by SUbstituting the words "subject to

section 46, subsection (3), provide". 2

Section 12, subsection (1), clauses (

f) and (

n) presently read: 12.

(1) In additiontJo his other powers ,specified in this Act the Minis ter may make regulations (

f) respecting the matte,rs concerning which boards must suprp~y information, including the times' and dates by which the matteI's must be rerpo,rted on and information supplied, (

n) respeoting the manner in which and the persons to whom a board shall give notice of its intention to (

i) dispose of land, or (ii) dispose or discontinue use or accommodation of a school building or other improvement or part thereof used for the instruction or accommodwtion of pupils.

Section 13, subsection (2) presently reads:

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

Section 39, subsection (1) presently reads: 39.

(1) At the oOrganizational meeting a board shall elec.t one of its number 8!S chairman and another 8!S vice-chairman to hold oifi,ce during the pleasure oOf the board.

Section 46 presently reads: 46.

(1) Every by-law of a board shall have three distinct separate readings before it is finally passed, but no,t more than two readings of a by-law shall be held at anyone meeting unless the trustees pre,sent unanimously agree to give .the by-law a third reading.

(2) The first reading of a by-law shall be in full and if each board member has in his possession a written or printed copy of the by-law the second and third readi,ngs may be by title and des'cription only.

Section 65', subsection (4), clause (

f) presently reads:

(4) In addiUon to the powers vested in it by se'ction 14 o.f The Inter pretation Act a board, subject to this Act and the regulatIOns, may (

f) provide for the payment of tI'avelling and other expenses and honoraria of (

i) trustees, and (ii) persons appointed toO committees' of the board, 2

Section 90 is struck out.

Section 115 is amended by striking out subsection (1) and by substituting the following subsection: 115.

(1) Subject to' subsections (1.1) and (2), any money of a board (

a) lacquired by borrowing, 'Or (

b) accumulated by way of a reserve fund, or (

c) lacquir'ed in any other manner, for capital expenditure, shall only be used for the purpose for which it was acquired or a~ccumulated. (1.1) 'The Minis,ter may grant permission to a board to use money acquired or accumulated pursuant to subsection (1) f'Or purposes other than capital expenditures. and upon such terms and condi,tions as the Minister considers expedient.

Section 139 is amended by adding the following sub

section after subsection (4):

(5) A board shall, before May 31 in each year, give notice to' the M,inister stating (

a) the 'Opening and clos!ing dates of all s!chools' under its jurisdiction for the 12 mO'nths next following, and (

b) the dates of the vacation periods in the school year.

Section 144 is amended by striking out, the words "in writing". 13.

(1) This Act, except

section 9, comes into force on the. day upon which it is assented to.

(2) Section 9 comes into force on July 1, 1975. 3

Section 90 presently reads: 90.

(1) Subject to'seotion 74 a board, (a) ,shall pay the annual salary Df every teacher who teaches upon all the days of a school year upon which his schoO'I is in operation, (

b) shall, except as provided in clause (c), pay to every teacher whO' is under contract fO'r a period including all the teaching days Df a ,schoO'I year and who does not teach upon all the days upon which hts school is in operation, his full annual salary less one two hundredth part O'f his salary for each day upon which he does' not teach, (c) ,shall pay (

i) to every teacher under cO'ntract for a period that does not include all the teaching days O'f a school year, and (ii) to every teacher who is under contract for a period including all the teaching days of 'a school year but who durIng that year teaches upoOn fewer than 100 days one two hundredth part oOf his annual salary for each day taught, (

d) Ishall p'ay for an authorized 'absence which is (

i) approved by it or the Minister, or (ii) caused by necessary medical or dental treatment or because of accident, ,sickness or disability 'Other than pregnancy pro vided that (

A) where a teacher teaches for a full school year, authorized absence under this, clause may not excee-d 20 days each year, or (

B) where a teacher teaches for less than a school year, authorized absences under this clause may in the aggreg ate not exceed two days for each month taught. (e) .before paying salary under claus'e (d), subclause (ii) may require a certificaJte from a duly qualified medical practitioner or a dental surgeon, and (

f) may authorize an absence without pay.

(2) A board may under this

section pay full or part salary for a greater number of days than 20, and may adopt a scheme whereby a teacher may earn, during service with a board, an entitlement of salary applicable to periods of illness, the unused portion of Which may be carried forward from year to year.

(3) Notwithstanding any agreeme,nt to the ,contrary, a bo'ard shall, on or before the last day of each month or within seven days of the termination of a contract, pay to each teacher on c,ontract the mO'neys due him, but may withhold an amount not exceeding one month's pay aJt the end of each s,chool year or at the ,termination of a contract, until seven days allowing the submission of such ,reports, returns and property of the board or the Depar.tment of Education as are required. See

section 13 of this Bill.

Section 90 will continue in force until July 1, 1975 to allow existing collective agreements to expire and permit negotiators to deal with the matters referred to

section 90, in new collective agreements.

Section 115, subsections (1) presently reads: 115. 1) NO' money borrowed for -capital expendi.ture O'r in the hands of a board as capital funds shall be applied towards a current expense. II. New

Section 1'4:4, presently readS: 144. Where the parent of a pupil resides in territory not included in a district or division and is not an Indian, the Minister in writing shall pay such tuition fees, maintenance payments or payments in lieu of transportation a.s he determines to the appropriate parent or board of the district or division in which the pupil attends school. Corrects a drafting error. 3 Title: 1974 (17th, 3rd) Bill 28, The School Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5294
Type	bill
Volume / chapter	L17 S3 5294
Language	en
Format	json
Source	PROVINCIAL
Identifier	34276548417226c7b3a8b4222b877d98d5078fcb

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