Bill 58 — First Session, 20Th Legislature, 32 Euzabeth Ii the Legislative Assembly of Alberta Bill 58 Northland School Division Act (Legislature 20, Session 1)

L20 S1 3678

Alberta — Bills

1983 BILL 58 First Session, 20th Legislature, 32 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 58 NORTHLAND SCHOOL DIVISION ACT THE MINISTER OF EDUCATION First Readmg Second Reading Committee ofthe Whole Third Reading Royal Assent

BiU 58 BILL 58 1983 NORTHLAND SCHOOL DIVISION ACT (Assented to , 1983) TABLE OF CONTENTS

Definitions 1 Boundaries 2 Subdivisions 3 Local school board committees 4 Organizational meeting of local committee 5 QuaUfications d Local committee not a corporation 1 Name 8 Powers of local committee 9 Board of trustees 10 Powers of board 11 Annual report 12 Audit 13 AppUcation of provisions ofthe School Act 14 Exemption from School Act and Local Authorities Election Act provisions 1^ Repeal 16 Coming into force 1^ HER MAJESTY, by and witii the advice and consent of die Legislative Assembly of Alberta, enacts as foUows:

Definitions 1(1) lU thiS Act, (a) "board" means the board of trustees ofthe Division; (b) "Division" means Northland School Division No. 61; (c) "elector" means an elector within the meaning of the Local Authorities Election Act, and includes an adult person (

i) who on election day is resident on an Indian reserve in respect of which a tuition agreement is in force between the board and the Department of Indian Affaus and Northern Development ofthe Govemment of Canada, and (

U) who has resided m Alberta for the 6 consecutive months immediately preceding election day;

mdaries divisions cal school ard mmittees 'Xanizational wting of local mmittee (d) "local school board committee" means the local school board committee referred to in

section 4.

(2) Unless otherwise provided, words and expressions used m this Act have the same meaning as m the School Act and the Local Au thorities Election Act. 2(1) Notwithstandmg anything in the School Act, the Division shall consist of (

a) the school districts comprising the Division by virtue of the order ofthe Minister constituting the Division, and (

b) aU that part of Alberta lymg north of the north boundary of township 55 excepting thereout any lands contamed in (

i) any other school division or any county, (

U) any district not included in a school division or school district in the Division, and (iU) any Indian reserve.

(2) Nothing in this Act precludes the Minister from time to time (

a) amending the order dated December 9, 1960 constituting the Division or making a new order constituting the Division in sub stitution therefor, or (

b) constituting, dissolving or altering any school district or any other school division. 3 The Miiuster may divide the Division into not fewer than 7 and not more than 31 subdivisions. 4(1) A local school board committee shaU be elected in each subdi vision in accordance with the Local Authorities Election Act as if (

a) a local school board committee were a board of trustees, and (

b) a subdivision were a district or division.

(2) The number of members to be elected to each local school board committee shaU be determined (

a) by the Minister for the first election, and (

b) by the board in subsequent elections.

(3) Members of a local school board committee hold office for 3 years and shaU remain m office untU the organizational meeting of the committee foUowing the next ensuing election of a local school board committee. 5(1) The organizational meeting of a local school board committee shaU be held no later than 7 weeks foUowing tiie date specified m the Local Authorities Election Act as nommation day at a time and place to be fixed by the secretary ofthe board, who shaU give notice of tiie

meeting to the elected members ofthe local school board committee as if it were a special meeting of trustees.

(2) At the organizational meeting, the local school board committee shaU elect 1 of its members as chairman and 1 of its members as secretary to hold office during the pleasure of the committee.

(3) If a chairman of a local school board committee is not elected as required by subsection (2), the Minister may (

a) appoint a person as a chairman, or (

b) direct that an election be held to fiU a vacancy required to be fiUed by an elected person.

(4) A person appointed by the Minister under subsection (3) is in the same position as he woiild have been had he been elected under subsection (2).

(5) If either the chairman or secretary is unable to perform the duties ofthe office, the local school board committee shaU appoint an acting chairman or acting secretary who has aU the powers and duties of the chairman or secretary, as the case may be.

(6) Where the board considers it necessary, the secretary ofthe board may appoint a person to act as acting chairman at the organizational meeting of a local school board committee for the purpose of carrying out the elections under subsection (2). Qualifications 6(1) A pcrsou is uot quaUficd to be elected or to continue to hold office as a member of a local school board committee if he would be disquahfied from holding office as a trustee under sections 31 and 32 ofthe School Act or

section 22 ofthe Local Authorities Election Act.

(2) If a person is not quaUfied to remain a member of a local school board committee under subsection (1), he shaU forthwith (

a) resign his seat on the local school board committee, and (

b) where he has been elected chairman of a local school board committee, resign fi"om that office and resign his seat on the board.

(3) If he does not resign in accordance with subsection (2), the board may by resolution declare him to be disquahfied or may apply to the Court of Queen's Bench for an order declaring his seat on the local school board committee or on the board or both vacant, and sections 34 to 37 ofthe School Act apply to the appUcation. Local committee 7 Neither a local school board committee nor the members consti- not a corporation ^^^^^ ^^^ committcc are a corporation. Name Powers of local committee 8 A local school board committee may with the approval of the board designate a name by which it shaU be known. 9(1) A local school board committee has the foUowmg powers: (

a) to request the board to institute rehgious mstmction or in struction m a language other than Enghsh in accordance with the School Act;

(

b) to nominate a teacher, (

c) to recommend to the board (

i) the school opening date; (

u) the number of days and the dates of school operation; (iii) the lengtii ofthe school day and the number of minutes of school operation; (iv) the number of mmutes of classroom instruction and the number and length of recesses; (

d) to recommend to the board that Farmers' Day or Treaty Day, or both, be declared to be a hoUday; (

e) to recommend to the board a policy providing for the use of schools and school buUdings other than during the school day; (

f) to recommend to the board a program providing for orien tation of school staff to the Division; (

g) to advise and assist the board in the selection of a principal, para-professional employees, caretakers, bus drivers and other support staff for a school within the subdivision for which the local school board committee was elected; (

h) to advise the board and carry out any functions delegated to it by the board.

(2) If a local school board committee passes a resolution requesting that the board institute instruction in a language other than EngUsh in a school in the subdivision for which the local school board com mittee was elected and sends the resolution to the board, the board shaU institute instruction in that language as soon as it is practical to do so.

(3) If a local school board committee passes a resolution requesting that the board institute rehgious instruction in a school in the sub division for which the local school board committee was elected and sends the resolution to the board, the board shaU institute reUgious instruction as soon as it is practical to do so.

(4) If a local school board committee passes a resolution nominating a teacher for a school in the subdivision for which the local school board committee was elected and sends the resolution to the board at least 30 days before school opening date, the board may appoint the teacher to the school if the teacher wishes to enter into a contract. loard of trustees 10(1) The board of trustees ofthe Division is continued as a corpo ration under the name of The Board of the Northland School Divi sion No. 61.

(2) The members ofthe board are those persons elected as chairmen of local school board committees under

section 5(2).

(3) The members of the board hold office for 3 years and shall re main in office imtU the organizational meeting ofthe board following the next ensuing election of local school board committees.

(4) The Minister shaU (

a) appoint a Superintendent of Schools, who (

i) holds office during the pleasure of the Minister, and (

U) is the chief executive officer of the board, and (

b) pay the salary and expenses ofthe Superintendent of Schools.

(5) The board shaU reimburse the Minister for the amount of the salary and expenses under subsection (4)(b).

(6) The organizational meeting of the board shaU be held annually but no later than 9 weeks foUowing the date specified in the Local Authorities Election Act (

a) for the receiving of nominations for trustee in a general elec tion, or (

b) in any year in which a general election is not reqmred to be held, for receiving nominations if a general election were held that year, at a time and place to be fixed by the secretary of the board, who shaU give notice ofthe meeting as if it were a special meeting. Powers of board 11(1) Subjcct to this Act, the board has aU the powers and duties of a board of trustees under the School Act.

(2) The board may (

a) delegate any of its powers to a local school board committee, and (

b) determine and pay the fees and expenses of local school board committee members for attendance at meetings. Annual report 12(1) Thc board shaU prepare annuaUy a report of board affairs and provide its report prior to March 31 of each year to each local school board committee.

(2) The local school board committee shaU make the report avaUable to any elector who requests a copy. Audit 13 The Auditor General is the auditor of the board. ?rSi^"onhe ""^ Sections 32, 38, 44 to 46 and 48 to 50 of the School Act also School Act apply to a local school board committee as if it were a board ot trustees under the School Act.

Lxemptionfrom ^5 jhc School Act and the Local Authorities Election Act apply to 'SMhori^ies the Division unless the Minister by order exempts the Division, the Election Act ^oard or the local school board committees from the whole or part provisions ^^ ^^ provisiou of thc School Act and the Local Authorities Election Act or a regulation under either Act, and thereupon that provision ceases to apply to the Division or any person, municipality or child resident in the Division or to the board or local school board com mittees to the extent specified in the order. Rj 3i 16 The Northland School Division Act,

chapter N-10 of the Revised "*' Statutes of Alberta 1980, is repealed. Coming into 17 This Act comcs iuto forcc OU Proclamation. foice Title: 1983 (20th, 1st) Bill 58, Northland School Division Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3678
Type	bill
Volume / chapter	L20 S1 3678
Language	en
Format	json
Source	PROVINCIAL
Identifier	bdfe28467af9b612561a84109e8a6417c92d2c51

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