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NEWFOUNDLAND AND LABRADOR

REGULATION 107/23

School Generated Funds Regulations

under the

Schools Act, 1997

(O.C. 2023-298)

(Filed December 21, 2023)

Under the authority of

section 118 of the Schools Act, 1997,

the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johns, December 21, 2023.

Krista Quinlan

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definition

Purposes of school generated funds

School generated funds where school permanently closing

School generated funds management

No investment

Internal controls

Financial accounting system

Compliance with policies and procedures

Records

Commencement

Short title

These regulations may be cited as the School Generated Funds Regulations

107/23 s1

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Definition

In these regulations, "Act" means the Schools Act, 1997

107/23 s2

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Purposes of school generated funds

(1) School generated funds shall only be used for the following purposes:

(

a) providing educational services for students, teachers and student assistants;

(

b) providing equipment and supplies for students and the school;

(

c) school-sanctioned activities, events and travel;

(

d) scholarships and awards for students;

(

e) providing tokens of appreciation for persons who volunteer with the school; and

(

f) providing gifts for a school employee, student or the family of a school employee or student in the case of an illness or death of the school employee or student.

(2) School generated funds may only be used for a purpose prescribed in subsection (1) where there is no budget appropriation for that purpose.

(3) Where the purpose for which school generated funds were received under subsection (1) no longer exists, the school generated funds shall be returned to the original provider of the school generated funds.

(4) Notwithstanding subsection (3), w

here a return to the original provider is not reasonably possible, the school generated funds shall be used by the school for another purpose that meets the requirements of subsection (1) and, where no additional purpose is identified, the school generated funds shall be deposited to the Consolidated Revenue Fund.

107/23 s3

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School generated funds where school permanently closing

(1) Where a school is permanently closing, the school generated funds held by that school shall be returned to the original provider of the funds, or where a return to the original provider is not reasonably possible, the school generated funds shall be transferred to a school determined by the superintendent for a purpose that meets the requirements of subsection 3(1).

(2) School generated funds transferred to a school in accordance with subsection (1) are, for the purposes of paragraph 51.13(1)(

g) of the Act, school generated funds for the school receiving them.

107/23 s4

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School generated funds management

(1) The principal is responsible for the management of all school generated funds unless the superintendent directs otherwise.

(2) All school generated funds received or held by a school shall be deposited in a bank account in the name of the school.

(3) A school shall only have one bank account for school generated funds unless otherwise approved in writing by the superintendent.

(4) The principal shall ensure that all school generated funds are held in a safe and secure location at the school before they are deposited in the school's bank account.

(5) Notwithstanding subsection (2), the principal may keep a portion of the school generated funds in the school for minor purchases and expenses.

(6) The money referred to in subsection (5) shall not exceed an amount set by the superintendent and shall be kept in a secure location.

107/23 s5

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No investment

A school shall not invest school generated funds.

107/23 s6

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Internal controls

(1) Each school shall maintain adequate internal controls to ensure that

(

a) all school generated funds are collected and deposited in its bank account on a timely basis;

(

b) all school generated funds are spent in accordance with the Act, these regulations and the policies set by the minister; and

(

c) the receipt and disbursement of school generated funds are recorded in accordance with the policies set by the minister.

(2) Each school shall establish a finance committee in accordance with the policies set by the minister.

(3) Where a school is unable to establish a finance committee, the school shall immediately notify the superintendent and the superintendent may

(

a) impose additional requirements on the school with respect to the management of school generated funds; or

(

b) exempt the school from the requirement to establish a finance committee.

(4) Where a school purchases goods and services with school generated funds, the school shall comply with the Public Procurement Act

, the regulations under that Act and the policies set by the minister.

(5) All payments made with school generated funds shall be

(

a) approved by the principal unless the superintendent directs otherwise; and

(

b) made using a payment method approved by the superintendent.

107/23 s7

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Financial accounting system

For the purposes of the receipt and disbursement of school generated funds, a school shall use a financial accounting system approved by the department.

107/23 s8

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Compliance with policies and procedures

The collection, receipt, use and disbursement of school generated funds shall comply with the policies set by the minister.

107/23 s9

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Records

The department shall keep records of all school generated funds for each school in the province.

107/23 s10

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Commencement

These regulations come into force on January 1, 2024.

107/23 s11

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