First

Session, 50th General Assembly

Elizabeth II, 2021

BILL 34

AN ACT TO AMEND THE

SCHOOLS ACT, 1997

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE TOM

OSBORNE

Minister of Education

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Schools Act, 1997 to allow the

Lieutenant-Governor in Council to dismiss the trustees of the board of the

trustees in order to facilitate the integration of the Newfoundland and

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Analysis

S.2 Amdt.

Definitions

S.59.1 Added

Dismissal of trustees

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1997 cS-12.2

as amended

(1) Paragraph 2(

b) of the Schools Act, 1997 is

repealed and the following substituted:

(b) "board" means a school board

constituted under

section 53 or 59.1 and shall, as the context requires, mean

the board having jurisdiction over a school or a student attending a school in

the district of that board;

(2) Paragraph 2(

w) of the Act is repealed and the

following substituted:

(w) "trustee" means a person who is

elected or appointed to be a member of a board under

section 53, 55, 59 or 59.1

or elected to the conseil scolaire under

section 95.

2. The Act is amended by adding immediately after

section 59 the following:

Dismissal of

trustees

59.1

(1) Notwithstanding

anything in this Act or the regulations made under this Act, the

Lieutenant-Governor in Council may, for the purpose of facilitating the

Department of Education, dismiss the trustees of a board.

(2) Where the trustees of a board are dismissed

under subsection (1), the Lieutenant-Governor in Council shall appoint the

number of replacement trustees that the Lieutenant-Governor in Council

considers appropriate.

(3) A trustee appointed under subsection (2) shall

serve for the term set by the Lieutenant-Governor in Council, and where his or

her term expires, is eligible for reappointment.

(4) Where the term of a trustee appointed

under subsection (2) expires, he or she continues to be a trustee until reappointed or replaced .

(5) The Lieutenant-Governor in Council shall

appoint, from among the trustees appointed under subsection (2), the chairperson

of the board.

(6) The following provisions do not apply to

trustees or a board appointed under this section:

(a) subsections 53(3), (4), (5) and (6) and paragraph

53(7)(a);

(

b) section 58;

(c) paragraphs 60(2)(

a) and (c); and

(d) subsection 63(1).

(7) Notwithstanding subsection 53(1), the

requirement for a school board to be elected does not apply to trustees

appointed under this section.

(8) Notwithstanding

section 54, where trustees are

appointed under this section, all parts of the district shall be considered to

be represented by those trustees.

(9) This

section does not apply to the conseil

scolaire.

Queen's Printer