Bill 44 (Legislature 11, Session 5)

L11 S5 6841

Alberta — Bills

Bill No. 44 of 1952. A BILL RESPECTING SCHOOLS. NOTE. This Bill repeals The School Act, being

chapter 175 of the Revised Statutes of Alberta, 1942, and enacts a new Act in its ~tead to be cited as "The School Act, 1952". The School Taxation Act, being

chapter 176 of the Re vised Statutes of Alberta, 1942, and The School Attendance Act, being

chapter 178 of the Revised Statutes of Alberta, 1942, are also repealed and their provisions have been in corporated in this new Act. The Act has been rearranged with a view to assembling together all provisions dealing with any particular subject that is dealt with. In addition to trying to improve the order and sequence of Parts and sections many individual sections have been reworded in order to clarify or simplify them. The new Bill does not make any substantial changes in the principles or in the law governing schools and their administration.

However, there are a number of minor substantive changes in individual sections and provisions. Copies of the draft have been studied by the Alberta Teachers' Association and by the Alberta School Trustees' Association. Representatives of these two organizations met with officials of the Department of. Education and discussed these drafts in detail. Several of the changes and modifica tions in the Bill resulted from suggestions made during these discussions. The Bill has been divided into fifteen Parts.

Part 1 con tains the provisions dealing with the constitution of dis tricts and divisions. It deals with such matters as the establishment of districts and divisions, boundaries, names and numbers of districts or divisions, inclusion agreements, dissolution of districts and matters of a similar nature.

Part II deals with meetings' of electors. It.contains the sections relating to first school meetings, annual ~eetings and special meetings.

Part III is entitled "Boards of Trustees." It deals with constitution of boards, tenure of office, ousting from office and things of a similar nature.

Part IV governs the election of trustees. It establishes the persons, who are entitled to vote and to be elected as trustees. This Part sets out the provisions governing

ii annual elections in the various types of districts and divis ions. The procedure in case of contested elections is set out in this Part. The filling of vacancies and the tenure of trustees filling these vacancies is also provided for.

Part V deals with meetings of boards of trustees. The times and notices of meetings are dealt with as well as the procedure to be followed at meetings.

Part VI deals with the powers and duties of boards of trustees and their officers. The general powers and duties of non-divisional districts and divisions are set out first These are followed by certain additional powers that are enjoyed by various types of districts or divisions. The duties of officers of boards, such as the chairman, the secretary and the treasurer, are set out.

Part VII deals with school sites J buildings and other school property. It deals with such things as the acquisition of sites, expropriation, the erection of school buildings and so forth. . ,

Part VIII deals with borrowing powers. It covers short term borrowing, whether for current or for capital pur poses, as well as debenture borrowing. It fixes the re quirements for debenture by-laws, provides for polls of proprietary electors and governs the issue, sale and refund ing of debentures.

Part IX governs requisitions. levies and collection of taxes. The Part sets out the procedure to be followed in thp making of estimates and requisitions by both districts and divisions. It also contains the provisions relating to r1istricts collecting school taxes that were formerly contained in The School Taxa.tion Act which it is consid~red necessary to retain. Provisions relating to separate school assessments also appear in this part. .

Part X deals with the conveyance and maintenance of pupils.

Part XI deals with the education of non-resident children. This Part prescribes the conditions governing the admission of non-resident pupils and prescribes the fees chargeable for the instruction they receive.

Part XII contains the provisions relating to the appoint ~ent and employment of teachers. It deals with their 9ualifications and the types of contracts that may be entered Into. The procedure is also set out for the termination of c?ntracts. The provisions relating to the transfer, suspen SIOn and dismissal of teachers are also found in this Part as well as the provisions relating to the Board of Reference. The sections relating to the payment of teachers, the duties an? powers of teachers and the provisions respecting prInCIpals, vice-principals and assistant principals are also found in

Part XII.

iii

Part XIII deals with the conduct of schools. It covers such subjects as school hours, vacations and holidays, the lan guage to be used, patriotic and religious instruction and kindergarten and night classes.

Part XIV dealing with school attendance contains the provisions that formerly appeared in The School Attendance Act. It provides for compulsory attendance, sets out the exemptions from attendance and deals with the employment of school-~ge children.

Part XV deals with penalties and miscellaneous pro visions. For convenience of reference the Parts into which the Act is divided and the headings under which the subjects in each Part are classified are set out in

section 3. By referring to this

section the approximate location and the

section number of any subject matter may be found. This Bill comes into force on the 1st day of July, 1952. J. W. RYAN, Acting Legislative Counsel. (This note doe.'3 not form any pa1't of the Bill but l~S offered in explanation of its provisions.)

BILL No. 44 of 1952.

An Act Respecting Schools (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This Act may be cited as "The School Act, 1952".

Interpretation.

Short title 2. In this Act, unless the context otherwise requires,- I.nterpretabon (a ) "board" means the board of trustees of a district or "board" of a division; (b) "city district" means a district situated wholly or in d"?itt Y j " t ·th· th 1· ·t f ·t IS rct (c) (

d) par WI In e ImI s 0 a CI y; "Department" means the Department of Education; "Depart-lnent" "district" means a school district,- "district" (

i) formed or established according to the pro- visions of The School Act or any other Act or ordinance respecting schools· in force in the Province at any time; or (ii) formed or established pursuant to

Part I; (e) "division" means a school division,- "division" (

i) constituted according to the provisions of The School Act; or (ii) constituted under

Part I; (I) "divisional district" means a district. included in a "divisional division; dlst~ct" (g) "elector" means a person entitled to vote pursuant "elector" to

Part IV; (h) "farm land" has the same meaning as in The Assess- "farm land" mentAct; (i) "flag" means the Union Jack or such other flag as "flag" . may be adopted by Canada; (j) "guardian" means 'a person who has a child residing "guardian" with him and who isj -.

2 "hamlet" "Inspector" "judge" "Mln~ster" "municipal· lty" "non· divisional district" "owner" "patriotac exercise" "propri(>,la ry elector" "Protes. tant" "Protestant school district" "resident" "Roman Catholic" "Roman Cathollc school dls.trict" "rural district" SCHOOL 1952 (

i) a guardian appointed by deed or will of a deceased parent; or (ii) a guardian appointed by an order of a court under the provisions of The Domestic Relations Act; or (iii) any person in whose care a child is placed under the provisions of The Child Welfare Act; (k) "hamlet" means,- (

i) an area of land subdivided into lots and blocks as a townsite, a plan of which is registered in a Land Titles Office; or (ii) an area declared by an order of the Minister to be a hamlet; (1).

"inspector" means a school inspector appointed under this or any other Act; . . ... (1n) "judge" means a judge of the District Court having jurisdiction in the judicial district in which the district or division is wholly or mainly situated; (n) "Minister" means the Minister of Education; (0) "municipality" means any city, town, village, mu nicipal district, improvement district or special area; (p) "non-divisional district" means a district not in cluded in a division; (q) "owner" means a person who is registered under The Lands Titles Act as the owner of land; (r) "patriotic exercise" means

an act, preformance, entertainment, programme or exercise, whether par ticipated in by the pupils or not, which is designed to instruct the pupils in the principles and ideals of patriotism; (s) "proprietary elector" in a district or division means an elector who is liable to assessment and taxation for school purposes in respect of property situated in the district or division; (t) "Protestant" includes any person who is not a Roman Catholic; (u) "Protestant school district" means a divisional dis trict in which a majority of the electors are Protes tants; ( v) "resident" means, with respect to a district, a person who has in that district his regular or principal place of residence; ( 'W ).

"Rom'an Catholic" means a person who has been baptized a member of the Roman Catholic church and who still is a member thereof and who adheres to the doctrines and authority of the Roman Catholic church; (x) "Roman Catholic school district" means a divisional district in which a majority of the electors are Roman Catholics; (y) "rural district" means a district, no part of which is within the limits of a city, town or village, other than a summer village;

1952 SCHOOL (z) "salary schedule" means a salary

schedule adopted ~8alary .. by a board pursuant to subsection (1) of

section 356; chedule (00) "school" means a school, or any classroom thereof, "school" of a district or division established or constituted under this or any other Act or ordinance respecting schools in force in the Province at any time; (bb) "school building" means a building owned or "school occupied by a district or division and includes a bulldlng" building owned or occupied jointly with a munic- ipality or with another district or division and in- cludes any s·chool, college, auditorium, gymnasium, dormitory, teacherage, divisional or other office, garage, barn, sewage disposal plant or other build- ing owned or occupied, or proposed to be owned or occupied by a district or division; .3 (cc) "secretary" or "treasurer" includes secretary-treas- "secretary" urer; . ~freasurer" (dd) "substitute teacher" means a teacher employed on "substitute a day to day basis and paid at a per diem rate, to teacher" provide service in any classroom which is tempor- arily without a teacher; (ee) "superintendent" means a school superintendent "superh~; appointed by a board or by the Minister under this tendent Act; (II) "teacher" means a person holding a permanent or ",teacher" temporary certificate of qualification as a teacher issued by the Minister under The Department 01 Education Act; (gg) "temporary teacher" means a teacher employed by "temporary a board under a written contract in which he is so teacher" designated either ,- (

i) to replace a teacher who is absent from his duties for a period of at least twenty teaching days; or (ii) to fill an unexpected vacancy lasting for at least twenty teaching days during a school year; (hh) "town district" means a district, other than a con- "town solidated district, situated wholly or in part within district" the limits of a town; ( ii) "trustee" means a member of the board; "trustee" (ij) "unorganized territory" means a part of the Prov- "unor- ince which has not been included in a district; f:~\~~~Y" (kk) "village district" means a district, other than a con- "villag~. soli dated district, situated wholly or in part within district the limits of a village, other than a summer village.

Division of Act. 3. For convenience of reference only, this Act is divided ~r~~~n into Parts and classified under the following headings: Part

Section 1. CONSTITUTION OF DISTRICTS AND DIVISIONS ................................................. . Establishment of Public School Districts 4-46 4-8

4 SCHOOL Part Establishment of Separate School Districts .................................. . Union of Public and Separate School Districts ...... : ..................... : .. . Boundaries of Districts ......................... . N ames and Numbers of Districts ........... . Formation of Consolidated School Districts ............................................. . Constitution of School Divisions ............. . Alteration of Name or Number of Division or Subdivision ................... . Disposition of Assets and Liabilities of Districts Included in a Division ....... .

Alteration of Boundaries of Districts and Divisions ..........................•........... Settlement of Assets and Liabilities . Following Inclusions, Exclusions or Tra.nsfers ....................................... . Agre~ment to.r .Inclusion of a District In a DIVISIon ..................................... . Exclusion Relating to Religious Instruction ......................................... . Dissolution of District ............................ .. Publication in The Alberta Gazette .. ~ .... . II. MEETINGS OF ELECTORS ................... . First School Meetings ............................. .

Election and Functions of Chairman .... .. Nomination and Election of Trustees in a Proposed District ............................ .. AnnuallVleetings in Non-divisional Districts ............................................. . Town and City Districts ................... . Rural, Village and Consolidated Districts ..................................... . Annual Meetings in Divisional Districts Deferred School Meetings ....................... . Special Meetings ....................................... . Annual Meetings in Subdivisions .......... .. III. BOARDS OF TRUSTEES ...................... ..

Constitution of Boards ............................. .. District Boards ........................... ~ ........ .. Divisional Boards ................................. . R ural and VIllage District Boards ....... . Town and City District Boards ........... . Consolidated District;-Boards ............... . . Boards for Divisional Districts Having Centralized Schools ............. . Resignation of Trustees ........................... . Disqualifica tion of Trustees ................... . Prohibited Transactions .......................... .. Ousting of Trustee from Office .............. ..

Tenure of· Office ............ ; ........... .-.................. . 1952

Section 9-15 16-17 18 19-21 22 23 24 25 26-30 31 32-41 42 43-45 46 47-73 47-49 50-56 57-58 59-68 59-60 61-68 69 70 71 72-73 74-103 74-84 74 75 76-78 79-81 82-83 84 85 86-87 88 89-92 93-103

1952 SCHOOL Part

Section IV.

ELECTION OF TRUSTEES .................... 104-158 Persons Entitled to Vote ............................ 104-107 Secret Ball.ot ................................................ 108 Annual Elections in Town and City Districts ... ...... .......... .......... ........ ....... 109-115 Annual Elections in Rural, Village and Consolidated Districts '" ................... 116-131 First and Annual Elections in Divisions 132-145 Nominations ............................................ 132-135 Elections .... ................................ .............. 136-145 Contested Elections and Meetings .......... 146-147 Rural and Consolidated Districts ........ 146 City, Town and Village Districts ·and Divisions ............... ....................... 147 Declaration of Office ................................ 148-149 Districts .................................................. 148 Divisi.ons ............................................ ...... 149 Elections to Fill Vacancies in Boards of Trustees .......................................... 150-155 Tenure of Trustee Filling Vacancy ...... 150 Vacancies in Rural, Village and Cons.olidated Districts ...................... 151-152 Vacancies in Town and City Districts 153 Vacancies in School Divisions .............. 154-155 P.owers of Minister .................................... 156-158 V.

MEETINGS OF THE BOARD ................ 159-172 Organizati.on Meetings in Districts ........ 159-161 Organization Meetings in Divisions ........ 162 Times and Notices .of Meetings ................ 163-166 Procedure at Meetings .............................. 167-172 VI. POWERS AND DUTIES OF BOARDS OF ....

TRUSTEES AND THEIR OFFICERS .... 173-210 Powers and Duties of N.on-divisional Districts and Divisions ...................... 173-182 Relating to Administration .................. 173-176 Relating to Instruction .................... ...... 177 -178 Rela ting to School Management and Discipline .................................... 179-180 Miscellane.ous Powers and Duties ........ 181-182 Additional P.owers and Duties of Town and City Districts and Divisions ...... 183 Additional Powers and Duties .of City Districts ...... ...... .................................. 184-185 Additional Powers and Duties of Divisions ................................ .............. 186-189 Powers of the' Board of a Divisional District ................ :............................... 190 Duties of Officers of B.oards .................... 191-193 The Chairman ........................................ 191 The Secretary.......................................... 192 The Treasurer ........................................ 193 Bonding of Treasurer ................................ 194-195 Contracts with Employees Prohibited .... 196-197 Superintendent of Division. . ..... 198-199 5

6 SCHOOL 1952 Part

Section Superintendent of District ...................... 200 Returns and Audits .................................. 201-210 VII.

SCHOOL SITES, BUILDINGS AND OTHER PROPERTy .................................. 211-229 Genera'l Powers of Boards ........................ 211 Acquisition of Sites ..... ... ..... ... ............. ....... 212-215 Powers of Compulsory Acquisition .......... 216-221 Powers of Board Respecting School Buildings ..... ....... .............. ...... 222-226 Erection of School Buildings by Contract 227 Erection of School Buildings by Day Labour .................................................. 228 Temporary School Buildings ............ ........ 229 VIII.

BORROWING POWERS ............................ 230-282 Short Term Borrowing for Current Purposes .............................................. 230-231 Short Term Borrowing for Capital Purposes .............................................. 232 General Provisions Relating to Short Term Borrowing ..... ....... .................... 233 Debenture Borrowing .............................. 234 Expenditures Prohibited Unless Debentures Authorized ...................... 235 Notice of Intention to Apply for Authority to Borrow by Debenture.. 236-237 Poll of Proprietary Electors ........ ............ 238-240 Conduct of Poll in Town or City Districts 241 Conduct of Poll in Other Districts and Divisions .................... 242-254 Scrutiny or Recount in Divisions and in Districts Other than Town and City Districts ........ .............................. 255-258 Issue of Debentures .......... ....... ................. 259-273 Sale of Debentures ........ ..... ....................... 274-275 Refunding Debentures ........................ ........ 276-281 Special Powers of City District ................ 282 IX.

REQUISITIONS, LEVIES AND COLLECTION OF TAXES ........................ 283-305 Estimates by Districts ..... ......................... 283 Requisitions by Districts ..... ........... .......... 284-285 Special Provisions A·pplicable to Separate School Districts .. ..................... ........... 286-295 Estimates by Divisions .............................. 296-297 Requisitions by Divisions .......................... 298-300 Payment of Requisition ............................ 301-302 References by Municipalities .................... 303 Districts Collecting School Taxes ..... ....... 304-305 X.

CONVEYANCE AND MAINTENANCE OF PUPILS .................................................. 306-312 Conveyance within District ...... ................ 306 Conveyance of Pupils in Grades I to IX 307-308 Conveyance of High School Pupils .......... 309 General Provisions Relating to Conveyance .......................................... 310-312

1952 SCHOOL (PART I) 7 Part

Section XI. EDUCATION OF NON-RESIDENT CHILDREN' ........................ :................313-328 No Fees Chargeable to Residents ........... 313-314 Admission .of Non-Resident Pupils ........ 315-317 Fees for Non-Resident Pupils .................. 318-322 Higher Fees in Certain High Schools ...... 323-324 General Provisions Relating t'O Fees ...... 325-328 XII.

THE TEACHER ....................................... 329-372 Power .of Board to Appoint Teachers ...... 329 Qualification of Teachers ................. ; . .. . . . 330 Teachers' Contracts ...... ...... .......... ............ 331-335 Termination of Contracts .......................... 336-341 Temporary and Substitute Teachers ........ 342-343 General Provisions Relating to Contracts of Employment ................ 344-345 Transfer of Teachers ................................ 346-347 Suspension and Dismissal ........................ 348 Board of Reference .................................... 349-354 Payment 'Of Teachers ................ ................ 355-364 Duties and Powers of Teachers ................ 365-366 Principals, Vice-Principals and Assistant Principals .......................... 367-371 Teachers' Associations ........... ~.................. 872 XIII.

THE CONDUCT OF SCHOOLS ................ 373-394

Interpretation ........................................... 373 School Year 'and School Hours ... " ............ 374-377 Vacations and Holidays ............................ 378-381 Language to be Used ................................ 382-384 Patri'Otic Instruction ................................ 385-386 Religious Instruction ................................ 387-391 Kindergarten Classes ................................ 392-393 Night Classes ........................ ,...................... 394 XIV.

SCHOOL ATTENDANCE ........................ 395-413 Compulsory Attendance ............................ 395-396 Exempti.ons .................................. .............. 397-398 Employment of School-Age Children .... 399-400 Attendance Officers ................................... 401-404 Enforcement of Compulsory Attendance 405-413 XV.

PENALTIES AND MISCELLANEOUS PROVISIONS ........ ...................................... 414-451 Offences and Penalties ............. ........ ......... 414-433 Executions· Against Districts and Divisions .............................................. 434-440 Orders and Proclamations ..... ........... ........ 441-444 Miscellaneous Provisions .......................... 445-451

8 SCHOOL (PART I) 1952

PART I CONSTITUTION OF DISTRICTS AND DIVISIONS Establishment of Public School Districts. Establish- 4.

(1) The Minister, by an order in writing, may estab ~~r:iC~f by lish any portion of the Province as a public school district. Minister

(2) The Minister shall appoint an official trustee of the ~pg~ii~f:sent district who, on receipt of instructions from the Minister, trustee shall call a meeting of the electors of the district to elect Conditions for estab lishment of district Petition to establish district Establish ment or meeting of electors EgtabJish ment after meeting of f'lectors Petition to establish separate school district trustees. 5.

(1) Any portion of the Province, on petition of the residents thereof, may be established as a public school district, if,- (

a) it does not exceed four miles in length or in breadth, . exclusive of road allowances; (

b) it contains,- (

i) four persons actually resident therein who on the establishment of the district would be liable to assessment or who hold lands under a homestead, cultivation or grazing lease, issued under the provisions 'Of The Public Lands Act; and (ii) eight children not younger than five nor older than sixteen years of age; (

c) the boundaries and name of the proposed district ha ve been approved by the Minister.

(2) In a special case the Minister may permit a district to: exceed four miles in length or in breadth or in both . . 6.

(1) Any three residents in any such portion of the Province may petition the Minister to establish that portion as a' school district.

(2) The petition shall be in the form prescribed by the Minister. 7. If the Minister approves the boundaries and name of the proposed school district, he may,- (

a) forthwith order its establishment and appoint an official trustee; or (

b) require the petitioners to call a first meeting of the eleetors of the proposed district pursuant to the provisions of

Part II. • 8. When the meeting of the electors of the proposed dis trict has been held in accordance with the provisions of

Part II, the Minister, upon being satisfied that all the re ql~irements of this Act have been substantially complied WIth, may order the establishment of the district. Establishment of Separate School Districts. 9.

(1) The minority of electors in a district, whether Prote~tant or Roman Catholic, may petition the Minister to estabhsh a separate school district therein.

1952 SCHOOL (PART I) 9

(2) The petition for the establishment of a separate Sign~tures school district shall be signed by three electors of the re- ~:fm~~d toon ligious faith indicated in the name of the proposed district establi:h and shall be in the form prescribed by the Minister. ~~h~~l e district 10. 'rhe persons qualified to vote for or against the estab- qualifiea lishment 'Of a separate school district shall be the electors ~g~r~f in the diRtrict of the same religious faith, Protestant or Roman Catholic, as the petitiQners. 11.

(1) The notice calling a meeting of the electors for NQ~?e of r the purpose '0f taking their votes on the petition for the ~~:~t~~~, ~nd establishment of a separate school district shall be in the procedure form prescribed by the Minister,

(2) The notice shall be posted and the meeting conducted in the manner prescribed in

Part II for the first s-chool mooting of the electors of a proposed public school district, except that the declarations of the chairman and other electors shall indicate their religious faith and shall be made in the form prescribed by the Minister. 112. If the result of the vote reveals that a majority 'Of ~~~l:i'~lf_ the persons voting for 'Or against the district have voted ment ~/ in favor thereof the Minister, by order, shall establish :~h~~ftc the district. district 13.

A separate school district and its board, shall pos- Rights, d ' II th 'ht d "I f powers and sess an exerCIse a e rIg s, powers an prlVI eges '0 'P~ivi1ege\s and shall be subject to the same duties and liabilities and ofhse1arate have the same method 'Of government as a public school ~lst~~cts district and its board,

10 Residents of separate and public school districts Rights of minority of electors Dissolution of public and separate districts and f:stabUsh ment of public school district Orders re dissolution, establish ment and settlement of asSets and liabilities SCHOOL (PART I) 1952 -14.

For the purposes of this Act a person who is resi dent within the boundaries of a separate school district, if he is a separate school supporter, shall be deemed to he a resident 'of the se;parate school district, and not a resident of the public school district, otherwise he shall be deemed to be a resident of the public school district and not a resi dent of the separate school district. 15.

None of the provisions of this Act relating to school divisions shall affect any right to establish a separate school district conferred by this Part upon a minority of electors in a district, whether Protestant or Roman Catholic. Union of Public and Separate School Districts. 16.

(1) If a separate school district has been estab lished within a public school district and it is resolved by the electors of each of these districts at public meetings of the electors respectively called for the purpose of consider ing the question that it is expedient that the districts should be dissolved for the purpose of union and the establishment. of the area as a public school district, the Minister, by order, may dissolve the existing districts and establish the area as a public school district with such name as he may decide upon.

(2) Thereafter the Minister may make orders, provisions and appointments,- (

a) carrying into effect the dissolutions of the former districts; (

b) providing for the establishment of the new public school district, and for all matters incidental thereto or necessary for the operation of the same as a public school district; (0) providing for the adjustment, arrangement and winding-up of all the affairs of the dissolved dis tricts, and for the settlement of their liabilities and disposition of their assets.

SCHOOL (PART I) 11 17.

(1) Unless, the liabilities of the dissolved districts Lia1?ilities th . 1· ·d ted th h 11 b of dIssolved are 0 erWlse lqUl a , ey s a e assumed by and districts imposed upon the newly established district.

(2) Any debentures issued by either of the dissolved Debentures districts shall have the same force in and effect upon the ~i~~~~v~l newly established district and the property and assets districts thereof as they had in and upon the district by which they were issued and its property and assets.

(3) The trustees of the newly established district may Powers of authorize and direct the making of such requisitions or the ~~U~!:t~ levying of such taxes as may be necessary for the dis- established charging of any liability or debenture indebtedness of a district dissolved district assumed by or imposed upon the new district. Boundaries of Districts. 18.

(1) Whenever 'a district is wholly or in part de- Boul}darles ·b d· th d t bl· h· °t . . taO of dIs,tricts SCrl e In e or er es a IS lng 1 as comprISIng cer In townships. parts of townships, sections or parts of sections, the boundary line of the district, unless it is otherwise expressly set out in the order, shall be the side of the road allowance between adjoining sections or townships on which the survey monuments or posts are placed, except in the case of correction lines, where the south side of the road shall be the boundary.

(2) Any road allowance between either an Indian reserve ~?ad or a forest reserve and a district shall be deemed to be in a owances the district, notwithstanding anything herein to the con- trary.

(3) All road allowances within the boundaries' of the district shall be deemed to be in the district. Names and Numbers of Districts. 19. Every district established unde'r this Act shall have T,itle, of a title in the following form: The ................ S.chool District, dIstrIct No ......... of the Province of Alberta. 20. The Minister may alter the name or number or both, Arf.rt~!iOn of a district, but the seal previously used by the district gf district shall continue to be its seal until changed by the board. 21.

No change in name or number or both of a district Eivectuof of made in accordance with the provisions of this Act shall ~it1~~f on affect any obligations incurred, acts done, or property district acquired prior to the change. Formation of Consolidated School Districts. 22.

(1) The boards of two or mOore non-divisional dis- toPfo~!:tion tricts not less than thirty nor more than eighty square consolidated '1 . I h M' . te.c th f t' school ml es In area, may app y to t e Inls r J.or e anna Ion district of the districts, into a consolidated school district.

12 Order forming consolidated school district SCHOOL (PART 1) 1952

(2) Upon receipt of an applic~atii()~ ~nder subsection (~), the Minister may cause such InquIrIes to be made wIth reference to the application for the formation of a cQnsQli dated school district as he may deem proper and for that purpose the Minister,- (

a) may cause .one or more pubMc meetings of electors to be held in the proposed oonsolidated school dis trict at such time or times, place or places and after such notice as he may require for the purpose of discussing the formation of the proposed consoli dated school district; and (

b) may appoint .one ,or more persons as a committee whose duty it shall be to furnish him with such information in respect of the proposed consolidated school district as he may require.

(3) Upon completion of his inquiry the Minister may, (a) .order the formation .of the consolidated schOlol distriot; or (

b) refuse the application.

(4) Upon the f.ormation of a consolidated school district the assets of the respective districts shall vest in the b.oard of the consolidated school district and the liabilities of the respective districts comprised in the consolidated school district shall be liabilities of the consolidated s·chool district.

(5) The order forming a cons.olidated school district shall,- (

a) assign a name and number to the consolidated school district; (

b) list the districts comprised in the consolidated school district; (

c) set the effective date for the formation; (

d) appoint an official trustee. Appointment

(6) Upon the appointment lof an official trustee the board ~:uo;f~~ial of each district comprised in the consolidated schOlol dis trict shall cease to. hold office. Constitution of division

(7) The official trustee appointed pursuant to subsection (5) shall arrange, under the direction of the Minister, for the election of a board of trustees for the consolidated school district. Constitution of School Divisions. 23.

(1) The Minister, by order, may constitute a divi si?n consisting of any number of rural public school dis trIcts not being districts included in a consQlidated district.

1952 SCHOOL (PART J) 13

(2) The Minister in the order constituting a division :qi,:i~ing of shall divide the division into not less than three nor more ~1~~~SI~~lb_ than five subdivisions consisting of districts included there- divisions in, and he shall include every such district in a subdivision.

(3) Every order constituting a division shall,- Contents of () . d b t tl d'" order COIl-a assIgn a name an num er 0 le IVlSlOn and a stituting number to each subdivision; division (

b) list the districts comprised in the division and in each subdivision; (

c) set a day on which the assets of the districts com prised in the division shall become vested in the board of the division; (

d) name the secretary of the division for the time being; (

e) fix the days, times and places,- (

i) for the receipt of nominations for the office of trustee for each of the subdivisions; and (ii) for the holding of any necessary election in any subdivision; or in the alternative, in the discretion of the Min ister, appoint an official trustee of the division; (

I) set a date for the organization meeting of the board.

(4) If an official trustee is appointed in the order con- Term of stituting the division, he shall hold office until a divisional ~m~faff board is elected pursuant to an order of the Minister, which trustee he is hereby authorized to make, fixing the days, times and places for the receipt of nominations for the office of trustee for each subdivision, and for the holding of any necessary election. Alteration o·f Name or Number of Division or Subdivision. 2:4.

(1) The Minister may alter the name or number Alteration b th f d··· th b f bd' .. f of name 01' or 0 0 a· lVISlon or e num er 0 any su IVlslon 0 a number of division, but the seal previously used by the division shall dl'{;~t!l lor continue to be its seal until changed by the board. su VIS on

(2) No change of the name or number or both of any Effect of division made in accordance with the provisions of this ~~t~~~~i~nor Act shall affect any obligations incurred, acts done, or n~l'!lber of property acquIred prior to the change. dIvIsion Disposition of Assets and Liabilities of Districts Included in a Division. 25. Upon the day fixed by the order constituting a Disposition d' . . th ff t' d t f th d' I d' of assets IVlslon or on e e ec Ive a e 0 any 0 er or er Inc u lng and liabili- a district in a division _ ~ies of , mcluded (

a) all the assets of a district included in the division, districts subject to any subsisting charges, liens and incum brances, shall become vested in the board of the division, for the purposes of all the districts in- cluded therein;

14 Alteration of boun daries of district Addition to or with drawal from consolidated district Changes in division Dissolution of division (

b) SCHOOL (PART 1) 1952 all the liabilities of a district included in the'division shall be assumed by the divisional board and these liabilities shall thereafter constitute a debtowi-ng by the division as if the same had originally been contracted by it and shall be payable by the divi sional board out of the funds of the board and' the district shall be freed and discharged therefrom. Alteration 0'£ Boundaries o,f Districts and Divisions. 26.

The Minister, by order, may alter the boundaries of any district by adding lands thereto or taking lands there from, or by dividing the district into two or more districts. 2'7. The Minister may add a district to or withdraw a district from a consolidated school district. 28.

(1) The Minister, by order, may,- (

a) include in an established division one or more rural public school districts; (

b) transfer a district included in a division to another division, and if, prior to the transfer, the district has been included in a division by agreement, the Minister may order that the agreement and any amendments thereto shall be in full force and effect as between the district and the division to which it is transferred to the same extent and subject to the same provisions of this Act as if it had been made between the district and the last mentioned division; (

c) transfer a divisional district from one subdivision to another, but in no case shall the number of sub divisions be reduced by reason of sU,ch transfers to less than three; (

d) exclude from a division any district included therein; (

e) re-subdivide a division, but in no case shall the number of subdivisions exceed five, exclusive of subdivisions established pursuant to

section 38.

(2) When all the districts included in a division have been excluded therefrom or have been transferred to an other or other divisions, the division shall thereupon be deemed to be dissolved. ~ff~c~d~ial 29. In the case of a district or division having deben ~~te:~~~ily ~ure indebtedness outstanding no alteration shall be made of debenture In its boundaries which will prejudicially affect the right holders or security of the holders of the debentures without due provision being made for their protection. ConstitUtion of town'or 30.

(1) Notwithstanding any other provisions of this Act, ~l~~:~~ in the constitution within an:y division of a town or village shall not have the effect of removing from the division any district wholly or partially within the corporate limits of that town or village. .

1952 SCHOOL (PART 1)

(2) The board of the district.in which any such town or village is wholly' or partially situated has all the powers given by sections 40 and 41 to the parties to an inclusion agreement with respect to the alteration of an additional requisition which has been made upon the town or village under

section 298. Settlement of Assets and Liabilities Following Inclusions, Exclusions o,r Transfers. 15 31.

(1) Upon any inclusion, exclusion or transfer of AdjustllJent lands or districts being made under the provisions of this ~~l;~~~i~es Act, the Minister, if he considers any adjustment of assets of dd!vis!on d I· b'l't· h II' th b t or IstrlCt an la I lIes necessary, s a In e same or a su sequen affected by order ,give such directions as to him may appear proper trllnsfer with respect to the assets and liabilities of any district or division affected by the inclusion, exclusion or transfer, and the directions shall be binding upon the board of any such district or division.

(2) In order to give effect to any directions issued under PC?",:ers of subsection (1), the Minister, by order, may,~ ~l~lfsf~e~t (

a) make provisions for the assessment of property in adjustment a district or division and for the levying and col- lection of taxes on that property; (

b) execute a transfer of real property under The Land Titles Act from any board to another, and the Registrar of Land Titles for the proper land regis tration district shall register the transfer without the charge of assurance fund fees and shall issue a certificate of title to the property in the name of the transferee, Agreement for Inclusion o,f a District in a Division. 32.

(1) The board of a division may enter into an Agreement t ·th th b d f ·t t ·11 con for inclusion agreemen WI e oar 0 any CI y, own, VI age, - of a district soli dated or separate school district for the inclusion of the in a divisiun district in the division upon such terms as may be agreed upon.

(2) The agreement may include provisions fixing, in respect of each municipality included in whole or in

part in the district, the amount, if any, by which the requisition to be made upon each such municipality under the provi sions of

section 299 shall be increased or decreased. 33. T'he board of each district which has entered into ~opies. ul . I . I th . th f l11clUSlOll an Inc uSlon agreement sha I forward ree copIes ereo agreement to the Minister, .to Minister 34.

(1) If the Minister approves the inclusion agr€e- re~~~do~or ment, the board of the district shall prepare and post up at a vote not less than three conspicuous places in the district notices in a form prescribed by the Minister.

16 MinJsterial order to include district in division Vote on question of inclusion in division Provisions relating to poll held on question of inclusion Proceedings at close of poll SCHOOL (PART I) 1952

(2) The notices shall state that a vote for or against the inclusion of the district may be demanded by a petition in writing signed by twenty-five per cent of the electors of the district and delivered to the Minister within twenty-one days after the date of the posting of the notices.

(3) If no. petition i~ ~eceived by the ~inister within the prescribed tII~e, the MIl!Ister, by orde.r, ~Ith?ut any f~~~er notice or actIOn, may Include the dIstrIct In the dIVISIOn effective on such date as is designated in the order. 35.

(1) If a petition bearing the proper number of signatures, is delivered to the Minister within the pre scribed time, the board, as soon as ,convenient, shall conduct a vote of the electors of the district on the question of its inclusion in the division.

(2) All the provisions of

Part II relating to the taking of a vote on the establishment of a proposed district, in so far as applicable, shall apply to the conduct of the poll.

(3) Forthwith after the poll, the chairman shall certify to the result in the form pres,cribed by the Minister, and shall place in an envelope the certificate, the poll list, ballots, declarations and all other records of the poll, securely seal the same and send it by registered mail to the Minister. Ministerial 36.

Upon being satisfied that the poll has been held sub ~f~3~ J?sl~~t stantially in accordance with this Act and that a majority in division of the votes cast have been cast in favour of inclusion in Rights of electors of district added to division Constitution of district as sub division of division the division, the Minister, by order, may include the district in the division effective on such date as is designated in the order. 37.

Notwithstanding any other prOVISIons of this Act, if an order to include a district in a division is made under sections 28, 34 or 36 prior to the annual meeting of the electors of the subdivision in which the district is to be included, and is not to take effect until the first day of January next following the date of the order, and if a trustee is to be nominated at that meeting, any elector of the district is qualified for nomination as a candidate for the office of trustee, and the electors of the district may nominate a candidate for the office of trustee and may attend the annual meeting to be held in the subdivision and may take part therein to the same extent as they would be .able to do if the order to include the district in the division were then in full force and effect. 38.

(1) Notwithstanding any other provisions of this Act, where a city, town or village district, has an enrolment of at least two hundred and fifty resident pupils, the Min ister, by the order including the district in the division or by a subsequent order, may constitute the district as an additional subdivision of the division, assign a distinctive number to such subdivision and make provision for the

1952 SCHOOL (PART

I) election of a member of the board to represent the sub division and as to his term of office, and generally for the procedure to be adopted in the election, and after such member has been duly elected the board of the division shall be comprised of one member for ea,ch of the existing sub divisions of the division and an additional member to represent the new subdivision. "

(2) The provisions of subsection (1) shall apply to a consolidated district which contains a town or village if the component district which contains the town or village has the required enrolment of resident pupils. 17 39. Notwithstanding any other provisions of this Act, Provision h 't t d' t . t' t b h b for election were a CI y or own IS rIC IS 0 e Or as een con- of 2 trustees stituted a subdivision pursuant to

section 38 and has an In I certain 1 t f 'd t '1' f ftC ty or town enro men 0 reSl en pUpi s In excess 0 or y per cent districts of the total enrolment of the schools of the division, exclu- sive of the s,chools of the district, the Minister by the order including the district in the division or by a subsequent order may,- (

a) make provision for the election of two trustees to represent the subdivision; and (

b) determine the terms of office of the trustees first elected. 40.

(1) With the approval of the Minister, the parties Alteration to an agreement entered into under the provisions of

section of terms 0tf 32 may mutually agree to alter or vary any of its terms by agreemen indorsing thereon or attaching thereto a memorandum signed by both parties giving particulars of the alteration or variation.

(2) The agreement as altered or varied shall be binding on the parties from the date specified in the memorandum.

(3) Three copies of the memorandum referred to in sub- Copies of sec~ion (1) shall be forwarded to the Department for Minis- roe~~t~t~~m terlal approval. 41.

(1) If after the expiration of three years from the Service of 'date of an inclusion agreement either party thereto is dis- ~~iC~. of satisfied with the amount fixed by that agreement or any fa~~fo~ memorandum altering it, that party may serve notice of dissatisfaction upon the other party.

(2) If the parties fail to agree upon an alteration in the Reference to agreement within two months of the delivery of the notice ~~~~A~~: of dissatisfa.ction, the matter shall be referred forthwith to agree to a committee consisting of one member appointed. by the board of the district, one member appointed by the board of the division, and the third member appointed by the Minister.

(3) If either board fails to appoint its member of the Failure to committee within three months of the delivery of the notice ~:~~~ to of dissatisfaction, the Minister shall appoint some person committee to represent that board on the committee.

18 Fixation of new amount by committee Vote on question of exclusion of certain districts Poll of electors Order for exclusion Settlement of assets and liabIlI ties follow ing exclu sion of district SCHOOL (PART I) 1952

(4) The amount determined by the decision of the com mittee or by a majority of its members shall be binding on the parties to the agreement and shall be effective,- (

a) on the first day of January of the current year if the committee decision is reached on or before the first day of March; (

b) on the first day of January of the following year if the committee decision is reached after the first day of March.

(5) Any amount determined by a committee under ~he provisions of subsection (4) shall be binding on the parties for three years from the date on which the committee's decision becomes effective unless the parties alter it under the provisions of

section 40. Exclusion Relating to Religious Instruction. 42.

(1) If the board of any Roman Catholic school district or Protestant school district forwards to the Min ister a certified copy of a resolution passed by the board requesting the exclusion of their school district from the division on account of dissatisfaction of the board with facilities for 'religious instruction, together with certified copies of resolutions passed by the boards of at least two other districts in the same division supporting the first mentioned resolution, the Minister, by order, shall,- (

a) direct the taking of a vote of the electors in that district as to whether or not the district is to be excluded from the division; and (

b) fix a date within sixty days of the receipt by him of such certified copies for the taking of the vote; and (

c) send by mail to the secretary of the district a copy of the order.

(2) Upon receipt of the order the board of the district shall hold a poll of the electors in the district upon the day fixed for that purpose and in the manner prescribed in .th~ 9rder.

(3) If the vote shows a majority in favour of the ex clusion of the district from the division, the· Minister, as . soon as possible, shall proceed to make an order for the ~xc1usion of the district from the division to take effect not later than the thirty-first day of December following the taking of the vote. .

(4) The provisions of this Act concerning settlement of a~s~t~ and liabilities following eX,clusion of dist~icts f~om dlvlslons apply to any exclusion made under thIS sectIOn. .

(5) Upon any order of exclusion taking effect the liabil Ities of the divisional board attributable to the excluded district shall in future be borne and paid by the district.

1952 SCHOOL (PART 1)

(6) The district shall not be again included in a division unless a vote has been taken in the district at which the inclusion is approved by a majority of the electors voting thereon, and the procedure for the inclusion shall be the same, in so far as possible, as that provided for the exclusion of the district. Dissolution of District. 19 43.

(1) The Lieutenant Governor in Council, by order, Diss?lut.i0n may de,clare that on and after a day therein to be named of distrIct any district shall be dissolved and thereupon it and the board thereof shall cease to have any of the rights, powers and privileges vested in it by this Act.

(2) Upon the dissolution of the district the Minister Settlement may appoint one or more persons to adjust and settle the ~f gSl~:~li~ assets and liabilities of the district and may fix his or their ti~s of remuneration. ~~:~~l~ted

(3) The person or persons appointed may sell and dis- pose of all the assets and property of the district and apply the proceeds so far as they will extend,- (

a) firstly, in payment of the liabilities of the district; and (

b) secondly, in payment of his or their remuneration.

(4) If the amount realized is insufficient to pay and Phocedure satisfy the liabilities of the district and his or their re- ~s~~ficient muneration, then the person or persons shall have all the ::~?s~y tin_ powers formerly vested in the board to levy and collect debtedness such taxes or to requisition the municipality or municipal- ities in which the district is situated for such sum or sums of money as may be required to pay and satisfy the indebted- ness .or any balance thereof remaining unpaid and all expenses connected therewith. 44.

If any surplus remains after the payment of all ~iSPOSifiO):\ liabilities of a dissolved district and the expenses and re- ~o~~~~ us muneration of the persons appointed to adjust and settle the assets and liabilities of the district, the Lieutenant Governor in Council, by order, may direct that the surplus or any specified part thereof be paid,- (

a) to any specified ratepayer of the dissolved district; or (

b) to any district or division to which the lands or any part of the lands of the dissolved district have been added; or (

c) to the Provincial Treasurer to be dealt with by him as if the same were moneys paid to him under The Educational Tax Act; a;nd the surplus shall be dealt with and disposed of ac.cord ingly.·

20 Distribution of assets and liabili ties upon dissolution of consoli dated district Orders ,to be published in Alberta Ga,zette Calling of first school meeting Posting of notices of first school meeting SCHOOL (PART II) 1952 45.

(1) Notwithstanding anything contained in sec tions 43 or 44, upon the dissolution of a consolidated school district the Minister, by order may distribute the assets and liabiliti~s of the consolidated school district between or among the several districts included in the consolidated district prior to its dissolution in such manner as he may deem proper.

(2) If any such district is or has been included in a division the assets and liabilities of the ,consolidated district allocated by the order of the Minister to any such district shall be deemed to have been vested in the division from the date of the order including the district in the division. Publication in The Alberta Gazette. 46. Every order of the Minister or of the Lieutenant Governor in Council,- (

a) establishing a district or constituting a division; (

b) altering the boundaries of a district or division in any manner; (

c) altering the boundaries of a subdivision within a division; (

d) altering the name or number of a district or divi sion or subdivision; (

e) dissolving a district; <

I) making provision for the disposal of the assets and liabilities of a district or division which has been dissolved or whose boundaries have been altered; shall be published in The Alberta Gazette and the publica- tion shall be final and conclusive evidence that all the re quisites for the order have been complied with.

PART II MEETINGS OF ELECTORS First School Meetings. 47.

(1) A first school meeting of the electors of a proposed district or of a district established by the Min ister shall be called by the person or persons required by this Act to do so, immediately upon the receipt by such person or persons of a direction to do so from the Minister. .

(2) The meeting shall be called by posting up a notice, In such form as may be prescribed by the Minister, in at least six widely separated places within the limits of the district or proposed district.

(3) Every notice shall be posted up at least two weeks prior to the date thereby fixed for the meeting and shall state the time and place of the meeting.

1952 SCHOOL (PART II) 21 48. The person whose duty it is to post the notices of Notice to any first school meeting shall give to the Minister 'in the Minister form prescribed by him notice of this meeting at least two weeks prior to the date fixed therefor. 49. The persons entitled to vote at a first school meeting Persons shall be the electors present entitled to • vote at first school Election and Functions of Chairman. meeting 50.

(1) The electors present at the meeting shall elect Chairman one of their number as chairman of the meeting. :~c~etary of

(2) The chairman shall appoint a secretary, who shall ~r:e\i~~hOOl.~ record the minutes of the meeting and perform such other ' duties as may be 'required of him by this Act. 51. The chairman, upon his election, shall sign a declara- Declaration tion in the form pres,cribed by the Minister that he is an by chairman elector of the district or of the proposed district. 52.

(1) After the election of a chairman any elector Declaration wishing to take

part in the meeting and vote shall sign in ~~q~~~~~or to the presence of the chairman and secretary a declaration in part~cipate the form referred to in

section 51. hit

(2) A person who has not signed the declaration shall meeting not be entitled to take any

part in the meeting or Vote thereat. . , 53. T,he chairIllan shall not vote upon any question at Chairman the meeting whether decided by show of hands or a poll, ~~h~st meet except in the case of a tie, when he shall give a casting in1 \0 vote vote. ~~ rie n case 54.

(1) At a first school meeting of a proposed district POllb~~}O the chairman, after the signing of the declarations referred ~!~t ~~ 1- to in sections 51 and 52, shall provide a period for questions district and discussion with respect to the proposed establishment.

(2) Immediately after the period for questions and dis cussion, but not later than ninety minutes after the opening of the meeting, the chairman shall pro,ceed to take a poll of the votes of the electors for and against the establishment of ,the district.

(3) The poll shall be taken by secret ballot. 55. The chairman shall preside over the taking of the Conduct poll, and the secretary shall act as the poll clerk. of poll 56.

(1) The poll shall remain open for one hour. Poll open

(2) At the end of that time the chairman shall declare Result the poll to be closed ,and shall p.roceed to sum up the votes of poll and to declare the result of the poll.

22 Proceedings after poll favourable to es.tabUsh ment of distrIct SCHOOL (PART II) 1952 Nomination and Election of Trustees in a Proposed District. 57.

(1) If the result of the poll is favourable to the establishment of the district, the meeting shall proceed to the nomination and election of trustees. "

(2) All the provisions of this Act relating to the nomina tion and election of trustees at an annual meeting of a district other than a town district shall apply to this nomin ation and election. Infol'mation 58. The chairman, within ten days of the meeting, shall ~i~l:t:~nt to send to the Minister ,- :~~~otrst (

a) a copy of the notice calling the meeting; meeting (

b) due proof, in such forms as the Minister may re- . quire, of posting the notices calling the meeting; (

c) a copy in the form prescribed by the Minister of the minutes of the meeting; (

d) the declarations of the chairman and the electors. Annual Meetings in Non-Divisional Districts. Town and City Districts. Ann~al t 59.

(1) An annual meeting of the electors and rate ~:nlD! ~ity payers of every non-divisional town distri,ct shall be held ~~Jr~;tices at the time and place appointed by the board which, in the thereot board's discretion, may be the time and place appointed for Notice of meeting Statements and l'epor,ts ot annual meeting in town or city dIstrict the annual meeting of the electors of the town.

(2) The board of a non-divisional city district, in its discretion, may hold an annual meeting of the electors and ratepayers of that district and. if a meeting is held it shall be at the time and place appointed by the board.

(3) Notice of the time and pla'ce at which the annual meeting, if any, is to be held shall be given by the publica tion of notice at least once a week in each of the two weeks pre,ceding that in which the meeting is to be held in a news paper published in the district, or if there is no such news paper, then in the manner set out in

section 61, subsection (2). 60.

(1) At the annual meeting held in a town or city district, the statements and reports required to be read at a meeting in a rural district shall be read, unless the read ing of any or all of them is dispensed with by resolution I!assed to that effect by the electors and ratepayers present.

(2) Any elector or ratepayer of the district shall have acce~s to the reports and statements either during or after the meeting.

(3) If the board is authorized to do so by resolution of the electors and ratepayers at the annual meeting it shall have any or all of the reports or statements, or any parts of them, except the inspector's reports, printed in a neWs paper published in Alberta and circulating within the district.

1952 SCHOOL (PART II) 23 Rural, Villnge and Consolidated Districts. 61.

(1) In every non-divisional rural, village and con- Annual solidated district a mooting of the electors and ratepayers ~eeVn~An of the district shall be held in the s'chool house, or some ~~~~~~~1i~~e other suitable place within the district, not later than the dated dlstl'lPt twentieth day of February in each year, commencing at any fixed hour between the hours of one and eight in- clusive, in the afternoon.

(2) The board of every such district shall call-the meet- Posting of ing by posting notices not later than the eighth day before ~~tice~ of the day fixed for the meeting, in six conspicuous widely me~~~gs separated pla.ces within the district, which notices shall set forth the day, place and hour of the meeting.

(3) In a consolidated school district the meeting shall Meet1~g in be held at a central place within the district. d?~t~~~ltdatt'd 62.

(1) The electors present at the meeting shall elect Chairman one of their number as chairman of the meeting, who shall f~r~ s~re- take the chair and call the meeting to order. annual

(2) The secretary of the board, or someone appointed by the chairman, shall record the minutes of the meeting and perform any other duties that may be required of him by this Act. meetings 63. The chairman shall not vote on any question, chairrran at whether it is to be decided by a show of hands or a poll, ~~~~l~g to eX,cept in case of a tie, when he shall give a casting vote. ~~!: ~~ll'lein 64. Ratepayers and electors shall be entitled to take Persons pa~t in the annual school meeting, but only the electors ~~~\\~~~~fe .present shall be entitled to vote for the election of a in ar,nual trustee. mee Ing 65.

The chairman shall conduct the business of the an- Ol'd,er of I t · . th f II' d busmess at nua 'mee lng In e 0 OWIng or er,- annual (

a) the minutes of the last annual meeting; meeting (

b) the reports prepared by the principal or teacher, the trustees, the treasurer, and the auditor; (

c) the report of the inspector; (

d) miscellaneous business; (

e) nomination of trustees; (

I) election of trustees unless a deferred poll has been ordered by the Minister. 66. (1) 'The report of the principal or teacher shall be ~r~~~r~~lf or signed by him, and give the following particulars,- teacher (

a) the number of days on which school was kept open during each term succeeding the last annual meet- ing; (

b) the total number of children attending school dur ing that period;

24 Report of trustees Report by treasurer and auditor Statement by treasurer in tax collecting Report of inspector Further reports SCHOOL (PART II) 1952 (

c) the average daily attendance for each term and for the year; (

d) the classification of pupils and the number of pupils in each grade.

(2) The trustees' report shall be signed by the chair man, and shall give the following particulars,- (

a) the names of the trustees; (

b) the officers of the district appointed by the trustees, and their salaries; (

c) the vacancies created in the board during the year, giving the causes thereof, with an account of the elections held to fill the vacancies and the re sults thereof; (

d) the engagements binding upon the board, with special reference to those entered into during the previous year; (

e) the number of regular and special meetings of the board held during the year, together with a state ment showing the number of meetings attended by each trustee.

(3) The treasurer's and auditor's report shall cover the fiscal year ending on the thirty-first day of December preceding the annual meeting, and it shall be in the form prescribed by the Minister.

(4) In any distri,ct authorized by the Minister to levy and collect taxes, the treasurer shall also prepare and sign a statement for the annual meeting respecting taxation for school purposes, in which he shall set forth,- (

a) the total assessed value as shown by the last re vised assessment roll of all property and businesses in respect of which the district levies and collects taxes; (

b) the mill rate struck by the board; (

c) the total amount levied for taxes in the preceding year; (

d) the amounts received by the district during the preceding year on account of current taxes levied and collected by the district; (

e) the aggregate amount of all arrears of taxes which the district is entitled to receive; (I> the aggregate amount of all payments received during the preceding year on account of arrears.

(5) The inspector's reports received since the imme diately preceding annual meeting was held shall be read, except such parts thereof as refer to the teacher or to the work or qualifications of the teacher, which parts shall not be read unless the meeting by resolution so directs.

(6) Any further reports in relation to the affairs of the district may be considered and disposed of by the meeting.

1952 SCHOOL (PART II) 25 67.

(1) Except in a consolidated school district as Election. of soon as the business of the district has been transact~d or ~~~:?c~ In ninety minutes after the opening of the meeting, if the otherl~aar d other business is not then concluded, the chairman shall ~?~t~~clt a e call for nominations for the office of trustee.

(2) If upon the call for nominations being made all Adjourn the business of the meeting has not been concluded, the ment of unfinished business shall be set over until the result of ~e~~~g the election has been declared or the deferred polling date fr~~~ees announced, and thereupon the transaction of the unfinished elected business shall be proceeded with.

(3) In a consolidated school district, as soon as the Election of business of the district, including the election, if necessary, ~~~~~1fd~~ed of the trustee at large, has been transacted,- school (

a) the meeting of the consolidated school district shall district adj ourn; and (

b) the electors of each district included in the con solidated school district, the term of office of whose trustee has expired or for which there is a vacancy to be filled, shall meet separately.

(4) Each separate meeting shall elect a chairman who shall appoint a secretary and proceed to conduct the elec tion of a trustee in accordance with the provisions of this Act for the election of trustees. 68.

(1) Nominations and elections at the annual meeting Nomina shall be conducted in accordance with the procedure set out ~t~~:i;g: at in

Part IV. annu.al

(2) A copy of the minutes of the annual meeting, signed ~~~~::~ of by the chairman and the secretary of the meeting, shall be ann;fl transmitted forthwith to the Department. me ng Annual MeetinJls in Divisional Districts. 69.

(1) In each divisional district in which a school is in Ann~al . operation an annual meeting of the electors and ratepayers ~~~!~~~!l In shall be held. districts

(2) The meeting shall be called in the same manner and shall be held at the same time as if the district were a non divisional district.

(3) By means of posting notices or in some other man- ri~ing oJ ner satisfactory to the Minister, notice of the meeting shall n~t~c~a~f be given to persons, if any, who have become electors of the ~~I!~~~aPY district under

section 84. board

(4) The board of the division, with respect to any dis- Notice to trict in the division in which no meeting has been held as ~~J~~rs hereinbefore provided, may fix a date for the. hol~ing of

section 84 the meeting and advertise it in the manner prOVIded In sub- section (2) of

section 61.

(5) The business shall be limited to the nomin3;tion ~nd ~~i!r~~!tt election of trustees when required and to the conSIderatIOn distr!ct of such matters as the meeting may decide by resolution to meetmg consider.

(6) A copy of the minutes of the meeting signed by ~~e ~~~~i~e~aff chairman and the secretary shall be forwarded to the dIVI- district sional board within ten days of the date of the meeting. mee.ting

Deferred school meetings Special meetings or electors When special meeting to be called Notices of special meetings Business at special meetings Annual meeting in subdivision When annual meeting may be held jointly Notice of annual meeting in subdivision SCHOOL (PART 11) 1952 Deferred School Meetings. 70. If any first, annual or other school meeting required to be held by this Act is not held at the proper time, the secretary of the board, when requested to do so by any two electors, or by the Minister, shall call the meeting by posting notices in the manner prescribed by this Act. Special Meetings. 71.

(1) A special meeting of the electors of a district may be held at any time for any necessary purpose.

(2) The secretary of the board shall call a special meeting,- (

a) upon the request of the board; (

b) upon the request of the Minister; (

c) upon the request of an inspector; (

d) upon the request in writing of ten electors or a majority of the electors, whichever is the lesser.

(3) The notices calling a special meeting shall set forth the purposes of the meeting and shall be posted in the manner provided for notices of annual meetings in that district.

(4) At the special meeting the electors present shall elect a chairman and a se,cretary, and no business shall be con sidered by the meeting other than that mentioned in the notice calling the same. Annual Meetings in Subdivisions. 72.

(1) An annual meeting of the electors and rate payers of the districts within each subdivision of a division shall be held upon a date between the first day of November and the fifteenth day of December inclusive at a place and time fixed by the divisional board.

(2) Notwithstanding subsection (1), if for unavoidable reason the meeting is not held on or before the fifteenth day of December, it shall be held on any later date that the Minister may approve or set.

(3) By resolution of the divisional board and subject to the approval of the Minister, the annual meeting of two or more subdivisions may be held jointly at the same place and time.

(4) The secretary of the division, not later than the eighth day prior to the date fixed for holding the meeting, ~hall post up, or cause to be posted up, a copy of the notice In writing in the form prescribed by the Minister,- (

a) in ea,ch operating school within the subdivision or subdivisions for which the meeting is to be held; and .

1952 SCHOOL (PART 11) (

b) in a conspicuous place near ea,ch post office within the subdivision or subdivisions; and (

c) in a conspicuous place near each post office located within any town or village district adjacent to the subdivision or subdivisions.

(5) The secretary of the division shall also give notice of the meeting by anyone of the following methods,- (

a) b:y causing, prior to the date of the meeting, a copy of the notice of the meeting to be printed in at least two issues of each newspaper published in the division or in any town or village adjacent to any district of the division, and if there is no such news paper, then in at least two issues of each of two daily newspapers published in Alberta circulating within the division; or (

b) by causing, not later than the eighth day prior to the date fixed for holding the meeting, a copy of the notice of the meeting to be posted up in each of five other widely separated conspicuous places, in each district of the subdivision or subdivisions for which the meeting is to be held; or . (

c) by causing an announcement, giving the time, place, date and purpose of the meeting, to be made be tween the hours of seven o'clock and ten o'clock in the evening on three successive days during the eight days immediately prior to the day of the nleeting, on a radio station whose broadcast area covers the entire division. 27

(6) If an election is to be held in a subdivision the sec- Deliyery, of retary of the division, not later than fifteen days prior to ~~dmatlOn the date fixed for the holding of the annual meeting, shall ~ocePt3;nce deliver or cause to be delivered at least two copies of the s~b~fvi~ion nomination form and of the acceptance form referred to in

section 133 to the secretary of each district within that subdivision.

(7) Nomination and acceptance forms shall also be made available to an elector of the subdivision at the office of the secretary of the division. 73

(1) At the time specified in the notice for the com- Ele?t1on or • • ' chaIrman at mencement of the meetIng, the electors and ratepayers subdivision present shall elect one of their number as chairman of the meeting meeting who shall take the, chair and call the meeting to order.

(2) The secretary of th'e division, or in his absence someone appointed by the chairman, shall record the min utes of the meeting and perform any other duties that may be required of him by this Act.

(3) The chairman shall conduct the business of the ~~~i~eso: annual meeting in the following order ,- at annual (

a) the minutes of the last annual meeting; ~t~:~~i~~ (

b) the superintendent's report; (

c) the report of the board; (

d) the last annual financial statement and auditor's report;

28 SCH OOL (PART III) 1952 . (

e) the budget adopted by the board for .the then current year; '" (

f) a report of the current financial standing of the division; (

g) any other statements, communications and reports that may relate to the affairs of the division.

(4) Full" opportunity shall be afforded for discussion of all reports, statements and communications that may come before the meeting. Nominations

(5) If an election is to be held the secretary of the at subdivi- h· '. to t . sion meeting division, if present, s all receIve nomIna loOns a any bme within two h.ours from the opening of the meeting.

(6) In the absence of the secretary of the division, the secretary of the meeting shall receive the nominations and shall deliver them forthwith to the secretary of the division. Minutes of

(7) A certified true copy of the minutes shall be for-annual meeting in warded to the Department without undue delay by the sec- subdivision retary of the meeting. Board· of trustees for every dis.trict Constitution of divisional board of trustees Constitution of board in rural and villag"e dish"let . Power of Minister as to number of trustees

PART III. BOARDS OF TRUSTEES. Constitution of Boards. Di.c;trict Board.c;. 74. In each district, unless otherwise provjded by this Act~ there shall be a board of trustees, and the members of the board shall be a corporation under the name of "The Board of Trustees of........ ...... . ""."." School District No .. " . ". """." and shall have a common seal. D1:vi.c;ional Board.c;. 75.

(1) Subject to the provisions of

section 39, the board of a divisi.on shall consist of one trustee f.or each subdivision.

(2) The members of the board of a division shall be a corpora ti.on under the name of "The Board of the ................. . School Division No ......... " and shall have a common seal. Rural and Villa,ge District Boards. 76. In every rural or village district other than one with respect to which the Minister has made an order under

section 77, the board of trustees shall consist of three trustees. " 77. ( 1) The Minister, with respect to any rural or village district, may direct, by order, that the hoard of trustees of the district shall consist of five trustees.

1952 SCHOOL, -(PART In) 29

(2) At.the,next·election ,of· trustees after the making of ~fVt~~S o~f the order two trustees shall he ,elected for. a term of two trustees years and one trustee for a term of 'One year. ~~~~~~~~s '

(3) The two trustees of the district whose terms have order not .expired shall continue to hold office for the terms for which they were respectively elected. ( 4) The term of office of each trustee elected to take the place of a trustee whose term of office has expired shall be two years. . 78.

(1) In any divisional rural district the electors, Resol3.t~on by resolution at the annual meeting, may provide that the f~~von~n~ board shall consist of one trustee only whose term of ,office, '~~T;foen!l notwithstanding the other provisions of this Act, shall be rural district one year, and who, notwithstanding the provisions of

section 161, subsection (2), may act as secretary of the board.

(2) Upon the passing of a resolution pursuant to sub- Expiration section (1), the terms of all sitting trustees shall be deemed ~~fi~e:~~ of to have expired and the electors shall proceed to the election ~~~~lo3i~lrict of the single trustee provided for by the resolution. board of trustees Town and City District Boards. 79.

(1) Subject to the provisions of subsection (2), in Constitution every town or city district, the board of trustees shall con- fJ ~~~~dor sist of five trustees. city district

(2) The IVIinister, by order, may direct that the board P<?,,:er of f t t .' °t d· tOt h II . t f t t MIUlster as o rus ees In a CI y IS rIC S a consIS 0 seven rus ees, to number and, in the same or a subsequent order, may make pro- ~ft~~stees vision for the terms of office of the trustees to be electedo d~s~~i~t' 80.

(1) Upon a rural or village district becoming a town Conslitution district,- ~J~!~:~~ f~r (

a) the first nomination and election of trustees for the ~Wi!~~r town district shall be held at the same times as the di~~rtC~ nomination and election of town councillors; and ijed~me ~s . • town district (

b) the trustees whose terms have not then expIred . . shall continue to hold office for the terms for which they were respectively elected.

(2) If the board has consisted of three trustees, two trustees shall be elected for a term of two years and one trustee for a term of one year.

(3) If the board has consisted of five trustees, the two or three trustees needed to fill the va.cancies shall be elected . for a term of two years. ' 81.

(1) With respect to a divisional town district the rr~~:te~f M· . t 'f h b d f th dO t ., t with respect IllIS er, upon request 0 t e oar ·0 e IS rIc, may to divisional order that t.he board shall consist of three trustees only, town district d th d h board of an e or er s alI,- trustees

30 Constitutjion of board of trustees for con solidated district SCHOOL (PART nI) 1952 (

a) provide for the retirement as from the date of the order of all trustees and the election of a new board consisting of three members; and (

b) provide for the retirement of one trustee each year.

(2) The term of office of each trustee elected to take the place of a trustee whose term 'Of office has expired shall be three years. Consolidated District Boards. 82.

(1) In every consolidated school district which does not include a town, the board of trustees shall consist 'Of one trustee for each district included therein; and in every consolidated school district which contains a town, the board of trustees shall consist of two trustees for the town district and one trustee for each other district included therein.

(2) If the board so constituted should consist of an even number of trustees, then the board shall consist of the number of trustees aforesaid and one additional trustee, who shall be elected by the elect'Ors of the c'OnsDlidated dis trict at large. t1!r&?~~i~Ol1_ 83. The board 'Of a consDlidated school district shall have solidated the administration 'Of the educational affairs of all the dr~t~~~t districts in the consolidated district. board of trustees Boards of Divisional Districts Having Centralized Schools. ~ig~~s o;f 84.

(1) Notwithstanding any other prDvisions 'Of this dl~si~~al Act, if the school of a divisi'Onal district is closed and pro- ~~~~~\chool vision is made for the education of the pupils of that dis closed trict in an'Other district of the division, upon application Ministerial order re divisional district where school closed 'Of the board of the division, the Minister may order that the electors of the district shall be deemed to be, and shall have all the rights and privileges 'Of electors 'Of the district in which the school attended by the pupils is situated.

(2) Upon the making of the order,- (

a) the board of the first mentiDned district shall cease to hold office; and (

b) the board of the district in which the school is situated shall be deemed to be the board of each dis trict named in the 'Order.

(3) The order issued pursuant to subsection (1) mar provIde that the board shall not include more than a SpeCI fied number of trustees resident within the district in which the school is situated and that 'One Dr more designated trustees resident within that district shall cease to hold 'Office on the date fixed in the 'Order.

1952 SCHOOL (PART III) 31

(4) Notwithstanding any other provision of this Act the Minister in the order issued pursuant to subsection (1), ~ay direct that the board of the district shall consist of more than five trustees.

(5) If the district in which the school attended by the pupils is situated has been included in the division following an agreement under

section 32, the trustee or trustees resident in the district shall be deemed to be the board of the district with respect to the making of any alteration in the agreement, and the trustee or trustees not resident in the district shall have no powers with respect to any such alteration. Resignation of Trustees. 8dt!· (1) t~n:y tru~tt~e wtoisthhing to tresignf mthaybdo dSO by ~esf;:s~~i;n sen Ing no Ice In wrI lng' e secre ary 0 e oar.

(2) The remaining member or members of the board shall immediately take the necessary steps to fill the vacancy.

(3) The resignation shall take effect only upon the date of the election of a new trustee.

(4) A trustee who resigns his office may be re-elected Re-election with 'his own consent. of trustee

(5) All the trustees of a board may resign by trans- Resignation mitting to the Minister a notice in writing to this effect, r;u~l~es and their resignation shall be effective on the date on which their successors are elected or appointed. Disqualification of Trustees. 86. No teacher under contract to a board shall hold the Ineligibility office of trustee in any district or division. of teacher 87.

(1) Any trustee who,- ~~~{~~al~~- (a.) is convicted of a criminal offence punishable by a trustee term of over one year's imprisonment; or (

b) is convicted of any offence against the provisions of this Act, for which a penalty is provided; or (

c) becomes insane; or (

d) absents himself from the meetings of the board for three consecutive months without being authorized by resolution entered upon its minutes; or (

e) ceases to reside within the district or, in the case of a divisional trustee, within the subdivision for which he is a trustee; ~hall be deemed to have vacated his seat, and the remaining trustee or trustees shall declare his seat vacant and forth with order a new election to fill the vacancy.

(2) A person who is convicted of a criminal offence punishable by a term of over one year's imprisonment. shall be disqualified from nomination or election to the offIce .of trustee for a period of three years from the date of convIc tion.

32 'Contracts by trustees with board prohibited Payments to trustee prohibited Offence and penalty for violation of

section 88 Permissible payments to trustee J.'crmissible transactions of trustee Application to judge to oust trustee SCH OOL (PART III) 1952 Prohibited Transactions. 88.

(1) No trustee of any district or division shall enter into any contract in which he has any pecuniary in .. terest with the board Df which he is a member, in his own name or in the name of anDther, alone or jointly with an other.

(2) Every such cDntract entered into by a trustee shall be void.

(3) No trustee shall receive payment for any workdQne or for materials supplied to. any person in connection with any contract awarded or purchase made by the board while the trustee was a member of the board.

(4) A trustee violating the provisions of this

section shall be dee'med to. have vacated .his seat, and the remaining trustees shall declare his seat vacant and fo.rthwith proceed to fill the vacancy in the manner provided by this Act.

(5) A trustee violating the provisions of this

section shall be guilty of an Dffence and liable on

summary convic tion to. a fine not exceeding twenty-five dollars.

(6) Nothing in this

section shall prevent a trustee from receiving,- (

a) remuneration fro.m the board foOl' casual or part time employment as secretary, treasurer, janitor, local attendance o.fficer, assessor or cQllector; (

b) the purchase price of a school site; (

c) a sum not exceeding ten dollars in any Qne year for labDur 0.1' goods supplied; (

d) reasonable allowances fDr travelling expense~ and subsistence when engaged away fro.m his place of residence on business of the bQard autho.rized by a resolution of the board; (

e) payment under

Part X on account of any pupil of whom the trustee is the parent or guardian.

(7) Nothing in this sectiQn shall prevent a trustee of a district, other than a city district, who. is a merchant, from making sales of gOQds and merchandise to. the board or to persons contracting with the board in the ordinary c.ourse Qf his business, and to receive payment for such goods and merchandise at the ordinary retail price to. an amount not in excess of Qne hundred and fifty dQllars in anyone year.

(8) A trustee of a city district or of a division may make such sales to an amount not in excess of three hundred dollars in anyone year. Ousting of Trustee from Office. 89.

(1) Any two or more electors of a district may apply to. a judge fDr a directio.n calling upon a trustee of that district Dr o.f the divisio.n in which the district is in cluded to. show cause why he should not be ousted from office.

1952 SCHOOL (PART III) 33

(2) Each of the applicants shall file with the judge an Contents of affidavit showing that the trustee is unfit to act as trustee b~figievd\~,(:th by reason of,- application ,to oust (

a) a violation of

section 88; or trustee (

b) gross neglect of duty; or (

c) neglect or wilful failure to carry out any provision of this Act; or (

d) any other matter whatsoever, which need not be O-f a nature similar to those specified in clauses (

a) to (c).

(3) The applicant shall pay into court the sum of fifty Security. dollars as security for costs. i~~lfg:Iro~n to oust th 1· t· h· d . trustee 90. Upon e app Ica lOn, t e JU ge shall fIX the time Hearing and place for the hearing of the complaint and may give ~gP~~~'l~tion such further directions as to service of notice of the hearing trust~e as he may deem proper. 9i.

(1) Upon the hearing of the complaint if the judge Order of . is satisfied by affidavit or oral evidence that the trustee is ~~~~i~e of unfit to 'act as trustee the judge shall declare the trustee to be ousted from office.

(2) If the judge is not so satisfied, he may dismiss the Disn:iss:;tl of 1 . t applicatIOn camp ain . .to oust

(3) The costs of the proceedings shall be paid by such trustee person or persons as· the judge in his discretion may direct. 92. Any trustee so ousted from office shall not be eligible fn~~~?bifi~y for nomination or election as trustee in any district or divi- of trustee sion within three years thereafter. after ous.ter Tenure of Office. 93. Every trustee shall continue to hold office until his Te~m of successor has been duly elected or appointed, as the case ~:~~Ct~eOf may be, unless he has become disqualified by reason of any of the provisions of sections 87, 88 and 91, in which event he shall cease to hold office upon becoming so disqualified. 94.

(1) One of the three trustees elected to the first board Terms of of a rural or viHage district shall retire at each of the first ~~1~~ ~f first three annual meetings fO-llowing their election and their res- ~Wi!~e or pective terms of office shall be determined in accordance consolidated with

section 117, subsection (3). district

(2) The trustee, if any, elected by the district at large to the first board of a consolidated school district shall hold office until the first annual meeting following the election.

(3) One of the trustees, if any, elected to the first board of a consolidated school district to represent a town district shan hold office until the first annual meeting and the other trustee shall hold office until the second annual meeting following the 'election.

34 SCHOOL (PART III) 1952 ( 4) The other tru~t~s elected to the first ~oard of a consolidated school dIstrIct shall hold office untIl the first or second annual meeting following the election in accord· ance with the outcome of the procedure outlined in sub· section (5). ( 5 ) A t the organization meeting of the first board of a consolidated school district the chairman shall determine the distribution of alternate terms of office among the members by the drawing of lots. 'l'erms ot 95. The trustees elected to the first board of a town or ~f:~ieb~fard city district shall hold office for the terms for which they ~ftiO~rst~fct were respectively elected pursuant to

section 80, or in accordance with an order of the Minister. Term of office of replacing trustee in rural or village district Termot office of replacing trustee in town or city district Term of office of replacing trustee in consolidated school district Term of office of trustees of first board of division Distt~bution of terms of otfice of divisional tru~tees Term of office ot divisional trustees following general elec.tion Concluding date ot expiring term ot otfice ot diviSional trustee 96.

In a rural or village district each trustee elected to take the place of a trustee whose term of office has expired shall hold office for three years except as provided in sec tion 77, subsection (4) and

section 78, subsection (1). 97. In a town or city district each trustee elected to take the place of a trustee whose term of office has expired shall hold office for two years except as provided in

section 80, subsection (2) and

section 81, subsection (2). 98.

(1) A person elected as a trustee of a consolidated school district to fill the position of a trustee whose term of office has expired shall hold office for a term of two years from the date of the next organization meeting of the board.

(2) Notwithstanding subsection (1) the additional trus tee elected by the district at large under

section 82, sub section (2) shall hold office for a term of one year. 99.

(1) Members of the first board of a division shall hold office from the date of the organization meeting for the following terms,- (

a) on a five-member board, two members for three years, two members for two years, and the remain ing member for one year; (b) .on a three·member board, one member for three years, one member for two years, and the remain ing member for one year.

(2) At the organization meeting of the first board of a division, the chairman shall determine the distribution of terms of office among the members by the drawing of lots. 100. Any person elected as a member of a divisional board at a general election to fill the position of a member whose term of office is about to expire shall hold office for a term of three years from the date of the next organization meeting of the board. 101. Where the term of office of a member of a division al board expires in any year, his term of office shall con clude in that year 011 the day preceding the organization meeting.

1952 SCHOOL (PART IV) 35 102. Following the transfer from a subdivision of all the Constitutlion districts therein to another subdivision or other subdivisions gfv~y~~d of in the same division, . the first mentioned subdivision shall fOdllowing . t . t d th hId· th ff· re uction III cease 0 eXls an e person 0 Ing . e 0 Ice of trustee for number of that subdivision shaH cease tOo be a member of the divisional subdivisions board, and the board of the division shall be comprised of the trustees of the remaining subdivisions. 103.

When a board is elected in a district or division to Terms of replace an official trustee appointed by the Minister, the ~ffic~ on terms of office of the trustees shall be determined as for the r~~[acing first board of that district or division. r:~~~~a~

PART IV. ELECTION OF TRUSTEES. Persons Entitled to Vote. 104. The following persons are entitled to vote at an Voters in a election in a proposed district,- ~f~R.?~id (

a) a 'Canadian citizen of the full age of twenty-one years who is a resident of the proposed district, and who,- (

i) is the owner of property in the proposed dis trict which, if the district were established, would be liable to assessment for school pur poses; or (ii) is the tenant of property in the proposed dis trict which would then be liable to assessment for school purposes; or (iii) is the tenant under an agricultural lease issued under The Public Lands Act of property in the proposed district; or (iv) is the lessee from the Crown of property in a special area and in the proposed district; (

b) the husband, wife, sOon, daughter, father or mother of any person described in ,clause (

a) if the ~us band, wife, son, daughter, father or mother IS a Canadian citizen of the full age of twenty-one years and a resident of the proposed district. 105. The following persons are entitled to vote at an Voters In election in an established district other than a town or city n~he:Jab. district,- ~~~~;~han (a,) a Canadian citizen of the full age of twenty-one town orclty years who is and has been a resident of the district for a period of not less than thirty days; and who,- (1) is the owner of property in the district liable to assessment for school purposes; or

36 (b) (c) (

d) SCHOOL (PART IV) 1952 (ii) is the tenant of property in the district liable to assessment for school purposes; or (iii) is the tenant under an agricultural lease issued under the provisions of The Public Lands Act of property in the district; or (iv) is the lessee from the Crown of property hi a special area and in the district; the husband, wife, son, daughter, father or mother of any person described in clause (

a) if the hus band, wife, son, daughter, father or mother isa Canadian citizen of the full age of twenty-one years and a resident of the established district; a resident who is a Canadian citizen and who has in the current year or the previous year paid to the district or to a municipality situated wholly or in part within the distriCt, a tax for school purposes other than a tax payable for school purposes in respect of "property; a person who is an elector of the district by virtue of an order of" the Minister made pursuant to

section 84. Voters in 106. The following persons are' entitled to" vote at an ~~~~ic~r city election in a town or city district,- Voters in subdivision roll for election of trustee (

a) a Canadian citizen of the full age of twenty-one years whose name is on the town or city voters' list who is entitled to vote in the town, or city under the provisions of The Town and Vi1lage Act, 1952, or of The City Act; (

b) a resident of that portion of the district which lies outside the town ·or city, who would "be" an elector under

section 105 if he were a resident of a rural district and who declares that he is an elector of the district in .the form prescribed ~yth~" Minister; (

c) a person who is an elector. of the di~trict by virtue of an order of the Minister made pursuant to

section 84, and who declares that he is an elector of the district in the form prescribed by the Minister. -~~.The persons entitled to vote at an ,el~tion in a . sub4ivision of a division are" the persons entitled to vote in the districts comprised in the subdivision. Secret Ballot. 108. The poll for the election of a trustee shall be:.bY secret ballot.

1952 SCHOOL (PART IV) Annual Elections in Town and City Districts. 109.

(1) The secretary of a town district, at least twenty Notice of days prior to the date fixed for the municipal nominations ya~ancies in each year, shall give notice to the secretary-treasurer of ~~ ci~n the town of the number of vacancies to be filled. district

(2) The secretary of a city district shall give notice to the city clerk of the number of vacancies required to be filled to make the board complete as required by

section ~ 73 of The City Act. 37 110.

(1) Nomination and election of trustees in a town Nomination or city district shall be ~eld at the same time and place, ~~dt:~~~~~n and by the same returnIng officer and conducted in the In t,?wn • same manner as municipal nominations and elections of ~fsfN!t councillors or aldermen, except,- (

a) as to qualifications for nomination, which, subject to The City Act, shall be as provided for in this Act for other districts; and (

b) as to qualifications to vote, whi,ch shall be as pro vided for in

section 106.

(2) The p~ovisions of The Town and Village Act, 1952, 'Or in the case of a city di:strict, the pr'Ovisions of The City Act respecting the time for receiving nominations and for o;pening and closing the poll -and the p~ocedure governing' the conduct of elections generally, in so far as they may be made applicable, shall apply to the election of school trustees. 111.

(1) The secretary-treasurer of the town or the Voters'list city clerk shall deliver to the returning officer, before the opening of the poll for the election of trustees, a list of all the electors residing in the urban portion of the district.

(2) If there is a separate school district,. he shall place Separate opposite the names of any persons on the said list who are :~~~~~ters known to him to be electors of the separate school district the letters "SS".

(3) The returning officer shall not deliver to any elector Delivery 'Of the separate school district a ballot paper for the election ~;p~~~lot of public school trustees and he shall deliver ballots for the eleetion of separate school trustees to ele,ctors of the separate school district only. '112.

(1) A separate set of ballot papers shall be pre- Separate .p~red by the returning offi,cer, containing the names of the ~~1~~:O~ler8 candidates nominated for school trustees. trustees

(2) The ballots shall be in the same form as those used for councillors, except for the substitution o~, the words "school trustee" for "councillor" or "alderman .

38 SCHOOL (PART IV) 1952 Objection to 113.

(1) If an objection is made to the right of any ~~~~ of person to vote at an election of trustees in a town or city district, the returning officer may require the person whose right of voting is questioned, to make the affirmation in the form prescribed by the Minister that he is a bona fide elector of the district.

(2) Any person making the affirmation shall be per- mitted to vote. Declaration 11,4. Within ten days after the annual election of trus ~~l[ef~l\o~n tees in a town or ,city district, the secreta.ry of the district ~~ ~i~Y t shall forward to the Department a certIfied copy of the IS rIC returning officer's declaration as to the result of the poll.

Certain town and city district$ hold election as in village districts Nomination of ,trustees in rural, village or consoiidated district Withdrawal of nomina tion by trustee Receiving nominations of trustees Election of trustee by acclamation Poll for election of trustees Terms of office of elected trustees l11i5. Sections 109 to 114 do not apply to a town or city district named in an order under

section 84, but in such a district nomination and election of trustees shall be con ducted as nearly as may be in the manner prescribed for a village district. Annual Elections in Rural, Village and Consolidated Disbicts. 11,6.

(1) At the electors' meeting in a rural, village or consolidated district any two electors of the district may nominate for election as trustee a person who is,- (

a) an elector of the district; and (

b) able to read and write.

(2) A nomination shall be withdrawn if the nominee advises the chairman before the close of nominations that he does not desire to be nominated.

(3) Nominations shall be re,ceived by the chairman for thirty minutes after he has first ,called for the same. 117.

(1) If there are no more nominations than there are trustees to be elected, the chairman shall declare the candidates nominated to be elected.

(2) If there are more nominations than trustees to be elected, the chairman, at the close of the time for receiving nominations, unless a deferred poll has been ordered by the Minister, shall proceed to take a poll of the electors for the election of trustees, in the manner provided by this Act.

(3) Where two or more trustees are being elected for different terms, then,- (

a) if no poll is held the first trustee nominated shall be deemed to be elected a trustee for the longest term; the second trustee nominated shall be deemed to be elected for the next longest term; and so on; (

b) if a poll is held the trustee receiving the highest number of votes shall be elected trustee for the longest term; the trustee 'receiving the next highest number of votes shall be elected trustee for the next longest term, and so on; and as between two or more trustees receiving the same number of votes, a trustee whose nomination is prior in time shall be deemed to have more votes than a trustee whose nomination is subsequent.

1952 SCHOOL (PART IV) 39 118.

(1) The chairman of the electors' meeting shall Duties of preside at the taking of the poll and sh'all,- ~~~r:.n at (

a) set apart a portion of the room where each voter ~~ii~~ may mark his ballot paper in privacy; (

b) prepare a supply of ballot papers sufficient for the election; . (0) provide a suitable box in which the ballot papers can be deposited.

(2) If the first chairman chosen is nominated for eloo- Procedure tiOl~ as a trustee, th~ meeting shall t~en ,choose another of ~o~'~~~tn theIr number as chaIrman of the meetIng, who shall preside as trustee at the taking of the poll and perform the functions required to be performed by the chairman. 119.

Each ballot paper shall consist of a sheet of paper Form of as nearly as may be four inches wide and six inches long, ~:~l~; t and may be either written or printed or partly written and electio~ partly printed, and shall contain the names of the can- of trustees didates duly nominated, arranged in the alphabetical order of their surnames, and shall be in the form prescribed by the Minister. 120. The chairman shall place his initials on the back Initialling of each ballot paper before delivering it to the voter. ~:~~:s 121.

(1) The chairman, if requested by an elector or Declaration of his own accord, may require any person wishing to vote ~f~~~~r at at the election of a trustee to subscribe to a declaration in of trustees the form prescribed by the Minister that he is a bona fide elector of the district, and any person subscribing to the declaration, shall be permitted to vote.

(2) Every declaration shall be subscribed in the presence of the chairman and secretary, who shall subscribe their names as witnesses.

(3) All declarations subscribed pursuant to this

section shall be retained by the chairman. 1~. No voter shall vote more than once at any election, Number nor for a greater number of candidates than the number of of votes trustees to be elected. 123 The voter shall - Method of ., ~q" (a) ~lache a cross, (or Xf) on the db.adllott PfB:per'hto thhe ~~~~~~tees rIg t of the name 0 any can I a e or w om e votes; and (

b) fold it so as not to disclose any markings thereon, but so as to show the chairman's initials on the back; and (0) hand it to the chairman to be deposited in the ballot box; and (

d) forthwith quit the polling place.

40 Illiterate vo.ters Poll book Right of candidate or agent Duration of poll Extension of polling time votes allowed af,ter poll closed Counting. of ballots and declaration of result Rejected ballots Chairman may vote in case of tie at €'lection of trustees Retention of ballot papers SCHOOL (PART IV) 1952 124 If a voter is unable to read or write, the chairman shall ~ark his ballot as directed by the voter in the presence of the secretary. 125.

The chairman shall cause a poll book to be kept in the form prescribed by the Minister, in which the secretary shall enter the name and place of residence of each voter, numbering the same in consecutive order. 126. A candidate for the office of trustee, or an agent appointed by him in writing may remain in the polling place. 127.

(1) Except as otherwise directed by the Minister, the poll shall remain open for two hours at the eRd of which time it shall be declared closed.

(2) The Minister may direct that in any district the poll shall remain open for a specified period longer than two hours and this dire,ction shall remain in force until revoked.

(8) When the poll is declared closed, if there are electors in the polling place who have not yet voted, the chairman shall permit them to do so, but he shall not allow any other electors to vote. ·128. Immediately after the closing of the poll, the chair man in the presence of all persons in the poning place, shall count the ballots and declare the result of the poll. 129. In counting the ballots the chairman shall examine the ballot papers individually and any ballot paper,- (

a) which is not initialled as herein provided; or (

b) on which more than the authorized number of votes are given; or (

c) on which anything is written or marked by which the voter can be identified; or (

d) which has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identi fied; shall not be counted but shall be rejected and set aside as a rejected ballot. 130. If it appears upon the counting of the ballots that two or more candidates for one vacancy have an equal number of votes, the chairman, before he declares the result -o!the poll, shall give a casting vote so as to decide the elec tion, but except in such case the chairman shall not vote at an election. , . 131.

The chairman, unless the Minister otherwise directs, or unless a judge otherwise orders, shall retain the ballot papers and all other papers used in connection with the election for two months after the date thereof, and shall then, unless otherwise directed or ordered as afore said, forthwith burn the ballot papers and other papers.

1952 SCHOOL (PART IV) 41 First and Annual EIe(:tions in Divisions. Nominations. 132.

(1) For the election of a first board in a division nominations for the office of divisional trustee for each NOI?ination subdivision shall be called by means of a notice in the form ~~~fl~~or prescribed by the Minister. ~~a~l~~t -

(2) The secretary for the time being of the division not trustees later than fifteen days prior to the day fixed for the re~eipt Deli'yery. of of nominations, shall deliver, or cause to be delivered at ~~:rl~~~~~ least two copies of the nomination form and the accept~nce ande fO~~1IS form referred to in

section 133 and of the notice referred ~r nE~~?~~ to in subsection (1), to the secretary of each district within ~~~.n e~~~W~n each subdivision of the division who shall, not later than gf fiJst f the eighth day prior to the date fixed for the receipt of t~;~ee~ nominations, post up a copy of the notice in each of five widely separated conspicuous places in the district, one of which shall be the school, if any. (3 ) Nomination and acceptance forms shall also be made available to an elector of the subdivision at the office of the secretary of the division. 133.

(1) A nomination for the office of divisional ~~~~~~'ion trustee shall be in writing in the form prescribed by the for division- M• • t al trustee IniS ere

(2) The nomination shall be valid only if signed by at Vali~it~.of least five persons, other than the nominee, each of whom nomma Ion . shall be an elector of the subdivision.

(3) The nomination shall be accompanied by an accept- ~yc~~;;r;eee ance in writing in the form prescribed by the Minister signed by the nominee and setting out his qualifi·cations for nomination. ( ) . h II I t th bd'" d Qualification 4 A nomInee s a be an e ec Or of e su . IVlSIon an of nominee able to read and write.

(5) A . f th ffi f d' ..

Itt Withdrawal nOmInee or e 0 ce 0 IVISlOna rus ee, on or of nominee before six o'clock in the afternoon of the fifth day after the day for the receipt of nominations, may withdraw his nomination by delivering to the secretary of the division a statement in writing signed in the presence of two wit- nesses or in the presence of the secretary of the division requesting the withdrawal of his nomination. 134 If the number of nominees in a subdivision does ~leetioll or • • trustee uy not exceed the number of trustees to be elected, or If, as a acclalllatIOll result of a withdrawal or withdrawals, the number of nominees has been reduced to the number of trustees to- be elected, the nominee or nominees shall be declared elected by the secretary of the division and he shall certify the fact of the election in the manner prescribed in

section 145. 1 °~ If . th 't' f t t f b Voidance of 00. a nomInee for e POSI IOn 0 rus ee or a su - nomination division, whose nomination has not been withdrawn pur- suant to

section 133. subsection (5), dies prior to the date set for the election, the nomination proceedings with respect

42 Election of first board of trustees in division Date for subsequent elections of .trustees in divisIon When elec tiOB held on later date Notice to vote in another district Elector may vote at a;-.y poll Returning officer Deputy returning officer Poll clerk SCHOOL (PART IV) 1952 to that subdivision shall be void and the position of trustee for the subdivision vacant, and the board shall forthwith proceed to fill the vacancy. Elections. 136.

(1) For the election of a first board, in a sub division where there is more than one nominee, a poll shall be held in each district in that subdivision on the day and at the time and place fixed for that purpose in the Minister's order made pursuant to the provisions of

section 23.

(2) For any subsequent election, in a subdivision where there are more nominees than the number of trustees to be elected, a poll shall be held in ea,ch district in that sub division on the second Saturday in January or on anyone of the three days prior to that day, and at such time and place as shall be fixed by the board.

(3) Notwithstanding subse,ction (2), if the annual meet ing in a subdivision is held at a date subsequent to the fifteenth day of December pursuant to

section 72. subsection (2), the poll in that subdivision may be held at such date after the second Saturday in January as the Minister approves. 137.

(1) Notwithstanding

section 136, subsection (2), the board may direct the electors of a district in which no school is in operation to cast their votes at a poll conducted in some other district of the same subdivision.

(2) The direction to the electors of the district shall be given not later than the eighth day prior to the date set for holding the poll by any of the methods set forth in clauses (a), (

b) and (

c) of subsection (5) of

section 72 and by letter to the secretary of the district.

(3) An elector may cast his vote at any poll in the sub division other than that in his district or that at which. he has been directed to vote under subsection (1) if, before voting, he completes a declaration in the form prescribed by the Minister that he is an elector of a district in the subdivision. 138.

(1) The secretary, or temporary secretary of the division, as the case may be, shall be the returning officer. •

(2) For each polling place in the subdivision and sub ject to the provisions of subsection (5), the board shall appoint a deputy returning ofllcer who shall be an el~ctor of the district within which the polling place is situated, and who shall have all the powers and perform all the duties that are assigned to the chairman in sections 118 to 129 inclusive.

(3) The secretary of the district or, in his absence or failure to act, such person as the deputy returning officer may appoint,-

1952 SCHOOL (PART IV) (

a) shall be the poll clerk and shall perform the duties that are assigned to the se,cretary in sections 121 and 125; and (

b) shall act as the deputy returning officer in case of the absence or disability of the deputy returning officer, and in that event shall appoint some other person to act as poll clerk.

(4) If so dire'cted by the board, the person appointed to be deputy returning officer shaH act also as poll clerk.

(5) A candidate for election. to the office of divisional ~andidate trustee shall not act as a deputy returning officer or as a meligible poll clerk. 139. The returning officer not later than the eighth day Notice prior to the date set for holding the poll,- of poll (

a) shall post up, or ,cause to be posted up, a copy of the notice of poll in the form prescribed by the Minister in each operating school and in a con spicuous place near each post office within the sub division and also in a conspicuous place near each post office located in any town or village district surrounded by, or adjacent to, the subdivision; and (

b) shall further give notice of the poll by using any of the methods set forth in ,clauses (a), (

b) and (

c) of subsection (5) of

section 72. 140. The returning officer shall cause to be printed or Delivery otherwise prepared, a supply of ballot papers sufficient for g~p~:~lot the purposes of the election, and not later than the day prior to the day for the holding of the poll, shall deliver a sufficient number of ballot papers to the deputy returning officer for each polling place within the subdivision. 141.

(1) In any city, town or village district the poll H~rr: of for a divisional trustee, by resolution of the board of the g?vjsig~al division, may be kept open for a period of not less than trustee . two hours between the hours of twelve o'clock noon and seven o'clock in the evening.

(2) The board of a division may provide by resolution that all polls for divisional trustees conducted in rural districts shall be kept open for three hours. Deputy returning 43 142. The deputy returning officer and poll clerk may g~~~c~el~knd vote at the election. eligible to vote 143. All provisions of this Part relating to e!ection of ~~~ti~~ of trustees in districts with the necessary changes beIng made, truste~ i!1 h 1 , • bd· .. subdivlsIOn S a I be applicable to the taking of a poll In a su IVlSlOn. 144. Upon the close of the poll the deputy returning iowg:.,~~~e officer and the poll clerk shall,- close of poll

44 Counting of ballots Procedure in case of tie vote Notification of results of election of trustees Hetention and dis posal of ballot papers Investigation of com plaint as to conduct of meeting or election SCHOOL (PART IV) 1952 (

a) count the ballots in the presence of at· least two - electors; and (

b) make out and sign a statement in duplicate shqwing the result of the count of the ballots; and (

c) forward one copy of the statement to the returning officer by mail; and (

d) m~ke up into a separate parcel the ballots cast, the other copy of the statement, the poll book, the re jected ballots, the unused ballots, the declarations and all other papers used in connection with the election; and (

e) seal up the parcel and either deliver it to the re. turning officer or forward it to him by registered mail. 145.

(1) The returning officer shall retain the sealed parcels in his possession until he has received the sealed parcels from all the polling places in the subdivision.

(2) As soon as possible thereafter, upon reasonable notice to each of the candidates, and, in the presence of at least two electors, he shall,- (

a) break the seals and open the parcels; and (

b) count all the ballots therein; and (

c) declare the person or persons with the greatest number of votes elected.

(3) If it is found that two or more persons have each received an equal number of votes, the person whose nom ination is first shall be deemed to have more votes than the person whose nomination is subsequent.

(3) The returning officer shall forthwith certify in writing to the secretary of each district in the subdivision and to the Minj ster, the name of the p,erson or persons elected as a member or members of the divisional board for the subdivision. ( 4) The returning officer, unless the Minister otherwise directs or unless a judge otherwise orders, shall retain the ballot papers and all other papers used in connection with the election for two months from the date of the election when, unless otherwise ordered or directed as aforesaid, he shall burn the ballot papers and other papers. Contested Elections and Meetings. Rural and Consolidated Districts. 146.

(1) Whenever complaint is made by an elector, verified by his statutory declaration, that the conduct or any part thereof of a school meeting or the election of. a trustee in a rural or consolidated district has not been In conformity with this Act, the Minister may investigate the matter and render such decision as he deems proper.

1952 SCHOOL (PART IV) .

(2) No such complaint shall be investigated by the Minister unless made to him in writing within thirty· days after the holding of the meeting or election. City, Town and Village Districts and Divisions. 45 147.

(1) In a city, town or village district and in a Validity of division the validity of the election of a trustee may be con- ~~~~~~~ of tested before a judge upon the relation of an elector entitled contested to vote in the election and the proceedings thereon shall be the same as in the case of contested elections of councillors under The Controverted Municipal Elections Act.

(2) If, in the proceedings, the election of the trustee is Proceedings held by the judge or by the Appellate Division of the ~~v~~3 or Supreme Court to be invalid, then. subject to the provisions election of

section 154, subsection (2), an election shall be held forth- with to fill the vacancy and shall be conducted in accordance with the provisions for annual ele,ctions. Declaration of Office. Districts. 148.

(1) Every district trustee, other than an official Declaration trustee appointed by the Minister, before undertaking any ~fsr;{~te of of the duties of a trustee and taking his seat as a member trustee of the board, shall make a declaration of office before the chairman of the meeting at which he was elected, or before a justice of the peace, or before a commissioner for oaths, in the form prescribed by the Minister.

(2) The chairman, justice of the peace, or commissioner Certificate for oaths before whom the declaration of office is taken shall ~i~nd~iara deliver to the declarant a certificate signed by him in the d~f~C~ tOf form prescribed by the Minister. t:~s;~e

(3) The certificate shall be delivered to the secretary of Dell:;~rYt of the board by the trustee at the first meeting of the board ~~r de~I:r: attended by him, and the secretary shall enter the fact of ~if~rceOfof its delivery on the minutes of that meeting, district . trustee Divisions. 149.

(1) Every divisional trustee, other than an official Declat: ation trustee appointed by the Minister, before undertaking a~y ~1J:{~~~1 of of the duties of a divisional trustee, and before he takes hIS trustee seat as a member of the divisional board, shall make a declaration of office before a justice of the peace or before a commissioner for oaths, in the form prescribed by the Minister.

(2) Every justice of the peace or commissioner for oaths Cer.tificate before whom the declaration of office is made, s

Document details

Collection	Alberta — Bills
Citation	L11 S5 6841
Type	bill
Volume / chapter	L11 S5 6841
Language	en
Format	json
Source	PROVINCIAL
Identifier	449b9ea4b32fec5745d9e1d41c4b14de922ab00e

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