First Session, 48th

General Assembly

65 Elizabeth II,

BILL 38

AN ACT TO AMEND THE SCHOOLS ACT,

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE DALE

KIRBY

Minister of Education

and Early Childhood Development

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Schools Act, 1997 to

remove the requirement to

indirectly elect the trustees of the conseil scolaire;

require the elections to the

conseil scolaire to proceed in the same manner as a school board; and

align the process of replacing

trustees of the conseil scolaire and the requirements for zones with the process

and requirements of a school board.

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Analysis

S.60 Amdt.

Board to adopt constitution

S.95 Amdt.

Composition of conseil scolaire

Ss.95.1 & 95.2 Added

95.1 Zones

95.2 Vacancy

S.96 R&S

Replacement of trustees

S.98 Amdt.

Powers of conseil scolaire

6. S.102 Amdt.

Conseil d'ecole - voting members

S.118 Amdt.

Regulations

Commencement

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 60(2)(

c) of the Schools Act, 1997 is repealed and the following substituted:

(

c) a description of the zones established

under sections 54 and 95.1;

2. (1) Subsection 95(1) of the Act is repealed and

the following substituted:

Composition of

conseil scolaire

(1) The conseil scolaire shall be elected in the same manner and at the same

time as board elections are held under

section 53 or at the time the minister

directs on the recommendation of the conseil scolaire.

(2) Subsection 95(3) of the Act is repealed

and the following substituted:

(3) The number of trustees to be elected, not

exceeding 12, shall be set and may be changed by order of the minister on the

recommendation of the conseil scolaire.

(3) Subsection 95(5) of the Act is repealed.

3. The Act is amended by adding immediately after

section 95 the following:

Zones

95.1

For the purpose of ensuring that all parts of the province are represented by

trustees, the conseil scolaire shall divide the province into 2 or more zones

and shall define the boundaries of those zones.

Vacancy

95.2

Where a vacancy of a trustee position exists or where a trustee no longer

resides in the zone for which he or she was elected, or the trustee absents

himself or herself from 3 consecutive meetings of the conseil scolaire without

good reason the conseil scolaire shall inform the minister who shall declare

that position vacant.

Section 96 of the Act is repealed and the

following substituted:

Replacement of

trustees

(1) Where

(

a) all the trustees of the conseil scolaire

are dismissed;

(

b) a trustee position is vacant; or

(

c) the conseil scolaire does not have a

sufficient number of trustees for a quorum,

the Lieutenant-Governor in Council shall

(

d) appoint the conseil scolaire or a trustee;

(

e) order that there be an election of the

conseil scolaire or of a trustee.

(2) Section 95 applies, with the necessary

changes, to the appointment or election of the conseil scolaire or of a trustee

under this section.

5. Subsection 98(2) of the Act is repealed and the

following substituted:

(2) The conseil scolaire may, subject to the

approval of the minister, establish procedures for and conduct elections to the

conseils d'ecole.

6. Subsection 102(10) of the Act is repealed and

the following substituted:

(10) The election of members to a conseil

d'ecole shall be held at the same time as elections of the conseil scolaire are

held under

section 95 or at the time the minister directs on the recommendation

of the conseil scolaire and the term of office of a member elected to a conseil

d'ecole shall be the same as that of a trustee.

7. Paragraph 118(1)(

c) of the Act is repealed and

the following substituted:

(

c) respecting the election and appointment of

trustees, including the qualifications of persons to vote and to be elected as a

trustee;

Commencement

8. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Queen's Printer