Bill 95 — Fourth Session, 16Th Legislature! ,20 Eli~Ooth "Fi the Legislative Assembly of Alberta Bill 95 An Act To Amend the School Act (Legislature 16, Session 4)

L16 S4 4932

Alberta — Bills

1971 Bill 95 Fourth Session, 16th LegislaturE! ,20 Eli~ooth "fI THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 95

An Act to Amend The School Act THE MINISTER OF EDUCATION First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... Second Reading Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 95 1971 AN Jft!lI'~ TO AMEND THE SCHOOL ACT (Assented to ,1971) 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 is amended by striking out clause (

i) and by substituting the following: (i) "parent" includes (

i) a person appointed as guardian under

Part 7 of The Domestic Relations Act, (ii) the Director of Child Welfare, with respect to a child who is a ward of the Crown within the meaning of The Child Welfare Act, and (iii) any other person who completely maintains, supports and controls a child as a parent would.

Section 5 is amended by striking out subsection (6) and by substituting the following:

(6) W,ithin 21 days of the establishment of any com miittee under this section, the committee shall make recom mendations to the board concerning the areas of concern identified in the public meetings at which the committee was established.

Section 12, subsection (1) is amended by adding the following clause after clause (b): (bl) governing the use of any language other than Eng lish or French as a language or instruction,

Section 44, subsection (1) is amended by striking out the word "one" and by substituting the words "the chair man or a".

Explanatory Notes I. This Bill will 'amend

chapter 329 of the Revised Statutes of AlbeTita 1970.

Section 2', clause (

i) presently reads: (i) "parent" includes a guardian of a child or person standing in 1000 panmUs; 3. Sec-Han 5 (16) pTesently reads:

(6) The committee shall make recommendations to the board con cerning the areas of concern identified in the public meeting which esetablished the committee.

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

(1) In addilli,orn to his other powers specified in this Act the Minister may make regulations 5.

Section 44 (1) presently reads: 44.

(1) All resolutio,ns shall be submitted to a board by 'one trustee and IliO seconder is required.

Section 45 is amended by striking out clause (

c) and by substitu,ting the following: (

c) a vote on a question shall be taken by open vote unless, with respect to the election a chairman, or a vice-chairman, one or more trustees request that the vote be by secret ballot, in either of which cases the vote shall be by secret ballot.

Section 77, subsection (1), clause (

c) is amended by striking out the words "that a school is operating in a" and by SUbstituting the words "of the".

Section 79, subsection (3) is amended by striking out the words "10 days" and by substituting the words "14 days". 2

Section 93 is amended (

a) as to subsection (1) by striking out the words "to be used" and by substituting the word "designed", (

b) as to subsection (2) by striking out the words "to be used" and by substituting the word "designed".

Section 101 is amended (

a) as to subsection (1) by striking out the words "re_ payable within a year of the date they are borrowed" and by substituting the words "required to be repaid by December 31 of the year in which they are bor rowed", (

b) by adding the following subsections after subsection (2) :

(3) The amount of any borrowing by a board un der this

section may be secured (

a) by a charge (

i) on taxes levied or to be levied by the Board, or (rri) on requisitions made or to be made by the Board, or (Hi) on other money due or accruing due to the Board or, (

b) by a promissory note, or (

c) in any other manner. ( 4) A charge secured by a Board pursuant to sub section (3) is not effective against the ProVlincial Government, municipality or any other person not a party to the charge.

2 G.

Section 45 (

c) presently reads: 45. At a me-eting of a board (

c) a vote .on a questiQn shall be taken by open vote except in respect of the election .of a chairman or vice-chairman den either of which cases the vQte shall be by secret ballot. 7.

Section 77 (1) (

c) presently reads: 71.

(1) A contract .of employment between a board and a teacher automatically terminates (

c) on the last day that aschiool is operating in a schiool year if the teacher has attained 65 years .of age. 8.

Section 79 (3) presently reads:

(3) A teacher who is suspended by a board may appeal to the Minister within 10 days after receiving the notice of suspension.

Section 93 0) and (2) presently read: 93.

(1) Subject to this sedLon, a board may dispose of any of its real Qr pe,rsonal property lother than school buildings 110 be used fo,r the in strucUon or accomm.odation of pupils.

(2) Subject to thi,s section, a board may only dispose .of school buildings bOI be used for the instruction or accommodation of pupils if it obtaLns the pri.or approval of the Minister .or a person designated in writing by him to give approval. 10. SeCJt~Qln 101 presently TeaJds: 101.

(1) A board may bo.rrow to meet current expenditures if the borrowings are repayable within a year of the date they are borrowed.

(2) A board, with the prior approval lof the Minister, may borrQW to meetcapita1 expenditures other than by way .of debenture if the bor rowing is repayable within Eve years.

( 5) The lender of any moneys under this or any other

section of this Act is not required to establish the necessity for the purpose for which the moneys are borrowed.

Section 105 is amended (

a) as to subsection (1) by striking out the word "prior", (

b) as to subsection (3) by striking out the word "prior".

Section 106 is amended by striking out the word "prior".

Section 118 is struck out and the following is sub stituted: 118. In each year, within 30 days after the establishment of the School Foundation Program Fund regulations under

section 129, a board shall prepare and adopt, in the form prescribed by the Minister, a detailed estimate of its rev enues and expenditures for the current year.

Section 129, subsection (7) is amended by adding to the end thereof the words "each year".

Section 131, subsect,ion (2) is amended by striking out clause (b).

Section 134 is amended by striking out clause (

f) and by substituting the following: (

f) the board, after receiving the recommendation of a Department of Education inspector or a Superin tendent of Schools (whether appointed by a board or the Department of Education) is of the opinion that no suitable program of instruction is offered in its school (

i) for a child under seven years of age, or (ii) for a child who is 15 years of age) or (

g) either (

i) the principal of the school has suspended the pupil from school, or (ii) the Board has expelled the pupil from school, but the pupil is only excused attendance from school during the period of the suspension or expulsion.

Section 139, subsection (2), clause (

b) is amended by striking out the words "there shall be provided" and by substituting the words "for each pupil there shall be pro vided the opportunity of taking". 3

II.

Section 105 (1) and (3) presently read: 10&.

(1) In the case of a by-law heretofore or hereafte~ pas.sed a boa;rd by by-law, without the assent of the electors, but subJect to the prIOr approval of the Local Authorities BQard, may authorize a change (

a) in the mode of issue of the debentures, or (

b) in the place or places where they are payabl,e, or (

c) in the manner of repayment as autho'l'ized by the LQcal Author ities Board, or in anyone or more of these particulars.

(3) A board, without the assent of the electors but subject to' the prior approval of the Local Authorities Board, may pass a by-law for the issue and sale of new debentures for the purpose of purchasing or ,redeeming before maturity any or all outstanding debentures issued by it.

Section 106 presently Teads: 106. Where (

a) Qwing to a decline or advance in the rate of interest between the passing ,of a mo ney by-law and the sale or other disposa,l of the debentures they or any of them cannot be sold or disposed of except at a heavy premium or at a discount involving a sub stantial reduction in the amount required to be provided, or (

b) in the opinion of the board, with a view to the better marketing ,of the board securities it is desirable (

i) that the whole or any part of the debentures authoriz·ed by the by-law bear a rate or rates differing from the rate or rates specified in the by-law, or (ii) that the period over which the indebtedness was originaLly spread 0'1' the ,te,rm at the end Qf which it was made payable should be changed or extended, the board with the pr~or approval of the Local Authorities Board and without submitting the matter to the electors, may pass a by-law to amend the debenture by-law providing for a different rate 0'1' rates of interest, or a different period over which the indebtedness will spread or a different term at the end of which the indebtedness will be made payable, up,on all or any of ,the debentures and for a co'rresponding change in the amount to be raised annually with respect thereto.

Section 118 presently reads: 118. In each year the board shall within 30 days after the estimates of the Department of Education have been approved by the Legislative Assembly prepare and adopt in the form pr,escribed by the Minister a detailed estimate of its revenues and its expenditures for the current year. 14.

Section 129 (7) presently reads:

(7) From the School Foundation Program Fund the Minister shall pay to each board and county, such sums as may ,be authQrized by regula Hons established by the Lieutenant Governor in Council. 15.

Section 131 (2) (

b) presently reads:

(2) A board named in an order made under this

section (

b) shall, in preparing its assessment roll, use O'nly the assessed values provided by the Department of Municipal Affai,rs for the purpos·e. 16. lSection 134 (1) (

f) presently reads: 134.

(1) A pupil is excused from attendance at school if (

f) the board, after receiving the recommendation of a Department of Education insp,eebo,r or a Superintendent of SchoO'ls (whether appointed by a board or the Department Qf Education) is of the opinion that no suitable program of instruction is offered in its school for a child who is 15 years of age. 17. Secltion 139 (2) (

b) presently reads:

(2) A board shall specify the vacation periods in a school year but (

b) there shaUbe provided one school vacation of at Least four con secutive weeks' duration during a SChOlO,1 year. 3

Section 150 is struck out and the following is sub stituted: 150.

(1) The Board may authorize (

a) that French be used as a language of instruction, or (

b) subject to the prior approval of the Minister, that any other language be used as a language of in struction in addition to the English language in all or any of its schools.

(2) A board authorizing French or any other language as a language of instruction shall comply with the regula tions of the Minister.

Section 165, subsection (1) is amended (

a) as to clause (

a) by adding after the words "section 115" the words "or

section 116", (b) . by adding after the words "section 115" the words ",

section 116".

Section 171 is amended by striking out subsection (2) and by substituting the following:

(2) Where a child whose parent is a resident of a district or division contravenes any of the provisions of this Act relating to school attendance, then only the employee of the board who has the responsibility of enforcing the provisions relating to school attendance may institute a prosecution for the contravention.

(3) Where a child whose parent is resident outside a dis trict or division contravenes any of the provisions of this Act relating to school attendance, then the Minister, or a person designated by him, may institute a prosecution for the contravention. 21. This Act, except

section 7, comes into force on the day upon which it is assented to.

(2) Section 7 comes into force on September 1, 1971. 4

Section 150 presently reads: 150.

(1) A hoard may authorize that French be used as a ,language .of instruction .in addition t'O the English language in all or any Ooflts schools.

(2) A board auth'Orizing the use of French as a language of instructi'On shall comply with the regulati'Ons of the Minister. 19.

Section 165(1) presently Teads: 165.

(1) Upon the appUcatiJoln t'O the Supreme Court by way of originating notice of motion by any elector of the district or division 'Of a board, a judge Oof the Court may, if he is saUsfied that (

a) the elect'Or has reasonable gr'Ounds for believing that the board has a cause of action under secUon 115 or

section 164, and (

b) either (

i) the board has refused Oor failed to commence an action under

section 164 within 60 days after receipt of a written request from the elect'Or to d'O so, or (ii) the board has failed t'O pr'Osecute dtligently an action com- menced by it under sectiJon 164, may make an order, upon such terms as to security fOor '00StS and 'Other wise as t'O the judge seems fit, requiring the Attorney General to com mence or continue an ac.tion in the name and 'On behalf of the board to enf'Orc.e the liability created under

section 115 or sectLon 164. 20.

Section 171 (2) presently reads:

(2) Only an employee of a board who has the responsibility of enforc ing the pl"ovisi'Ons relating t'O compulsory attendance may institute a prosecuti'On under this section. Title: 1971 (16th, 4th) Bill 95,

An Act to Amend The School Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4932
Type	bill
Volume / chapter	L16 S4 4932
Language	en
Format	json
Source	PROVINCIAL
Identifier	3510f7836d8488b12387a13f84d6b04f9b1454eb

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