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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE PAUL RAMSEY

MINISTER OF EDUCATION

BILL 69 – 1999

EDUCATION STATUTES AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Architects (Landscape) Act

Section 11 of the Architects (Landscape) Act, R.S.B.C. 1996, c. 18, is repealed

and the following substituted:

Objects

11 The objects of the society are the following:

(

a) to uphold public health, safety and welfare as it relates to

the professional practice of landscape architecture in British Columbia;

(

b) to nurture and further the professional application of

landscape architectural knowledge and technique as it relates to the planning, design,

development, preservation, protection, restoration, reclamation, rehabilitation,

enhancement and management of the environment;

(

c) to advance landscape architectural knowledge and technique;

(

d) to further and maintain proper standards of professional

landscape architectural practice in British Columbia.

College and Institute Act

Section 19 (1) (

c) of the College and Institute Act, R.S.B.C. 1996, c. 52, is

repealed.

3 The Supplement to the College and Institute Act is repealed.

Independent School Act

Section 5 (2) of the Independent School Act, R.S.B.C. 1996, c. 216, is repealed

and the following substituted:

(2) Subject to the regulations, the inspector may do any of the

following:

(

a) issue certification to a person if the applicant meets

guidelines developed by the independent school teacher certification committee and

approved by the inspector;

(

b) issue certification to a person on the recommendation of the

independent school teacher certification committee;

(

c) issue a letter of permission to an authority permitting the

authority to utilize the services of a person as a teacher for that authority for a

specified period of time;

(

d) issue subject to conditions or refuse to issue

(

i) a certification under paragraph (a),

(ii) a certification under paragraph (b), or

(iii) a letter of permission under paragraph (c).

Institute of Technology Act

Section 2 (3) of the Institute of Technology Act, R.S.B.C. 1996, c. 225, is

amended by striking out "property" and substituting "land

or buildings" .

Section 14 (2) (

m) is repealed and the following substituted:

(

m) establish

(

i) program advisory committees with substantial industry

representation, and

(ii) other committees the board considers advisable; .

7 The Supplement to the Institute of Technology Act is repealed.

Private Post-Secondary Education Act

Section 1 of the Private Post-Secondary Education Act, R.S.B.C. 1996, c. 375,

is amended in the definition of "post-secondary education" by striking

out "or" at the end of paragraph (d), by adding "or"

at the end of paragraph (

e) and by adding the following paragraph:

(

f) is provided by a post-secondary institution established in

is a public institution designated for the purpose of this paragraph by order of the

executive director.

Royal Roads University Act

Section 16 of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is amended

by adding "49," after "48," .

Section 18 (1) is amended by striking out "or the

regulations" .

School Act

Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended by

repealing the definition of "student record" and

substituting the following:

"student record" means a record of information in

written or electronic form pertaining to

(

a) a student or francophone student, or

(

b) a child registered under

section 13 with a school or

francophone school,

but does not include

(

c) a record prepared by a person if that person is the only

person with access to the record, or

(

d) a record of a report under

section 14 (1) or 16 (3) (

b) of the

Child, Family and Community Service Act or of information that forms the basis for

a report under

section 14 (1) of that Act; .

Section 3 (1) and (2) is amended by striking out "of

September" .

Section 33 (

d) is amended by striking out "delegate member

or" .

Section 67 is amended by adding the following subsections:

(6) A board may allow trustees to participate in or attend a

meeting of the board by telephone or other means of communication if all trustees and

other persons participating in or attending the meeting are able to communicate with each

other.

(7) If a trustee participates in or attends a meeting of the board

by telephone or other means of communication as provided under subsection (6), the trustee

is to be counted for the purposes of establishing a quorum.

Section 77 is amended by renumbering the

section as

section 77 (1) and by

adding the following subsection:

(2) In the case of a school for which a board has adopted a school

calendar that differs from the standard school calendar, the references in subsection

(1) to "the following school year" are to be read as references to the period

covered by that school calendar.

Section 78 (3) is repealed and the following substituted:

(3) A board may adopt, in accordance with the regulations, a

school calendar that differs from the standard school calendar for one or more

(

a) schools in its school district, or

(

b) groups of students in a school in its school district.

(4) Subject to subsection (5), a school calendar adopted under

subsection (3) need not be based on the school year but must cover a period of 12

consecutive months.

(5) A school calendar adopted under subsection (3) must cover a

period of more than 12 months if necessary to ensure that it applies immediately on the

expiration of the previous school calendar.

Section 79 is amended by adding the following subsection:

(1.1) Subsection (1) applies also in respect of records referred

to in paragraph (

d) of the definition of "student record", even though those

records are excluded from that definition.

Section 161 (1) (

b) is amended by adding `or a record referred to in

paragraph (

d) of the definition of "student record" ' after

"other than a student record" .

Section 166.1 is amended

(

a) by repealing the definition of "delegate member" , and

(

b) by adding the following definition:

"general election" means an election referred to

section 166.18; .

Section 166.12 (6) is repealed and the following substituted:

(6) On the day they take office, the directors of a francophone

education authority continued under subsection (4) who are elected in the general election

of directors constitute the board of directors of that authority.

Section 166.14 (1) is repealed and the following substituted:

(1) Subject to subsections (2) to (6), the members of a

francophone education authority are entitled to vote in an election of directors of the

authority, other than the first directors appointed under

section 166.17 (1).

22 Sections 166.15 and 166.16 are repealed.

Section 166.18 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A general election of directors of a francophone education

authority must be conducted in accordance with the regulations and held in 1999 and in

every third year after that.

(1.1) The third Saturday of November in the year of a general

election is to be known as election day.

(1.2) On election day, the chief executive officer must declare

the results of the general election. ,

(

b) by repealing subsection (3) (

a) and (

b) and substituting the following:

(

a) begins on the first Monday after December 1 following the

general election of directors or when the person takes office in accordance with

section

166.19 (2), whichever is later, and

(

b) ends immediately before the first Monday after December 1 in

the year of the next general election of directors or when at least 3 directors elected or

appointed following that election have taken office, whichever is later. ,

(

c) in subsection (6) by adding "general" before "election

of directors" , and

(

d) by repealing subsection (7) and substituting the following:

(7) If an election of directors is not held as required by or

under this Part, or if the members of the authority fail to elect the number of directors

that are to be elected, the minister may appoint persons as directors to fill the unfilled

director positions until the next general election of directors under this section.

24 Sections 166.19 (3) and 166.23 (2) are amended by adding "general"

before "election of directors" .

Section 166.2 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) If a vacancy occurs after January 1 in the year of a general

election of directors, a francophone education authority may hold the vacancy open until

the next general election as long as at least 3 directors continue to hold office. ,

and

(

b) in subsection (7) (

d) by striking out "an election"

and substituting "a general election" .

Section 168 (2) (

k) is repealed and the following substituted:

(

k) respecting the use of student records, and records referred to

in paragraph (

d) of the definition of "student record", by boards and

francophone education authorities,

(k.1) respecting the circumstances in which persons other than

students and francophone students and their parents, and employees of boards and

francophone education authorities, must have access to student records, .

Section 175 (6) (

c) is repealed.

Technical University of British Columbia Act

Section 18 (1) of the Technical University of British Columbia Act, S.B.C.

1997, c. 54, is amended by striking out "or the regulations" .

Commencement

(1) Sections 1 to 10, 14 and 28 come into force by

regulation of the Lieutenant Governor in Council.

(2) Sections 13, 19 to 25 and 27 come into force on November 19,

(3) For the purposes of the general election of directors of the

francophone education authority to be held in 1999 under the School Act ,

(

a) the general election is to be held as if the amendments

referred to in subsection (2) were in force on Royal Assent to this Act,

(

b) the general election is to be held on the basis that directors

are to be elected at that election but that no delegate members are to be elected, and

(

c) the Lieutenant Governor in Council may make regulations

necessary to facilitate the conduct of that general election.

(4) For the purposes of the School Act, the term of office

of every delegate member still in office on November 19, 1999 ends on that day.

(5) For the purposes of the School Act, the term of office

of every elected or appointed director of a francophone education authority still in

office on November 19, 1999 ends immediately before December 6, 1999 or when at least 3

directors elected or appointed following the general election of directors in 1999 have

taken office, whichever is later.

Explanatory Notes

Architects (Landscape) Act

(Ministry of Advanced Education, Training and Technology)

SECTION 1: [Architects (Landscape) Act, re-enacts

section 11] revises the

objects of the society.

College and Institute Act

(Ministry of Advanced Education, Training and Technology)

SECTION 2: [College and Institute Act, repeals

section 19 (1) (c)] repeals

the paragraph.

SECTION 3: [College and Institute Act, repeals the Supplement)] repeals

the Supplement.

Independent School Act

(Ministry of Education)

SECTION 4: [Independent School Act, repeals and replaces

section 5 (2)]

provides for certification if an applicant meets guidelines developed by the independent

school teacher certification committee and approved by the inspector and re- enacts the

subsection to clarify its intent.

Institute of Technology Act

(Ministry of Advanced Education, Training and Technology)

SECTION 5: [Institute of Technology Act, amends

section 2 (3)] makes the

power similar to that in

section 50 (2) of the College and Institute Act .

SECTION 6: [Institute of Technology Act, repeals and replaces

section 14 (2) (m)]

revises the powers of the board respecting program advisory committees and other

committees.

SECTION 7: [Institute of Technology Act, repeals the Supplement] repeals

the Supplement.

Private Post-Secondary Education Act

(Ministry of Advanced Education, Training and Technology)

SECTION 8: [Private Post-Secondary Education Act, amends

section 1] amends

the definition of "post-secondary education".

Royal Roads University Act

(Ministry of Advanced Education, Training and Technology)

SECTION 9: [Royal Roads University Act, amends

section 16] applies

section 49 of the University Act so that the minister may require reports.

SECTION 10: [Royal Roads University Act, amends

section 18 (1)] removes

an inappropriate reference.

School Act

(Ministry of Education)

SECTION 11: [School Act, amends

section 1 (1)] excludes from the

definition of "student record" certain records relating to child abuse or

neglect, including reports made under

section 14 (1) or 16 (3) (

b) of the Child, Family

and Community Service Act.

SECTION 12: [School Act, amends

section 3 (1) and (2)] strikes out

references to "September" in subsections (1) and (2) to recognize that the first

day of school may occur in other months.

SECTION 13: [School Act, amends

section 33 (d)] is consequential to the

repeal of

section 166.15.

SECTION 14: [School Act, adds

section 67 (6) and (7)] provides for a

board to allow trustees to attend meetings of the board by telephone or other means of

communication and to be counted as present for the purpose of establishing a quorum.

SECTION 15: [School Act, amends

section 77] adds subsection (2) to permit

the

section to be applied to school calendars that are not based on the "school

year" as defined in

section 1.

SECTION 16: [School Act, amends

section 78] repeals and replaces

subsection (3) to allow school calendars to apply to particular groups of students.

Subsections (4) and (5) are also added to permit school calendars to be based on any

period of 12 consecutive months.

SECTION 17: [School Act, adds

section 79 (1.1)] ensures that the

standards that apply to the storage, security and management of student records will apply

also to the excluded records.

SECTION 18: [School Act, amends

section 161 (1) (b)] is consequential to

the proposed change to the definition of "student record"

SECTIONS 19 to 25: [School Act, amends sections 166.1, 166.12, 166.14, 166.18,

166.19, 166.2 and 166.23 and repeals sections 166.15 and 166.16] repeal provisions

respecting delegate members of a francophone education authority and provide for a general

election of directors of the authority.

SECTION 26: [School Act, amends

section 168 (2)] is consequential to the

proposed amendments to sections 1 (1) and 79.

SECTION 27: [School Act, repeals

section 175 (6) (c)] repeals paragraph

(

c) respecting the election of delegate members of a francophone education authority.

Technical University of British Columbia Act

(Ministry of Advanced Education, Training and Technology)

SECTION 28: [Technical University of British Columbia Act, amends

section 18 (1)]

removes an inappropriate reference.

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