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This is an unofficial archived version of The Public Schools Act

as enacted by SM 1987-88, c. 9 on July 17, 1987.

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R.S.M. 1987, c. P250

The Public Schools Act

Table of contents

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

In this Act,

"advisory board" means The Advisory Board established under The Education Administration Act; ("Conseil consultatif')

"board of reference" means The Board of Reference established under this Act; ("Commission des renvois")

"course" means a specific unit of study; ("cours")

"department" means "department" as defined in The Education Administration Act; ("ministère")

"elector" means a person entitled to vote under clause 5(l)(

a) or (

b) of The Local Authorities Election Act; ("électeur")

"finance board" means The Public Schools Finance Board established under The Public Schools Finance Board Act; ("Commission des finances")

"legal guardian" means a person appointed or recognized as the guardian of a child under The Child and Family Services Act or The Court of Queen's Bench Surrogate Practice Act; ("tuteur")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"program" means a series or group of courses leading to a statement of standing; ("programme")

"public school" means an institution for educational purposes established and maintained under this Act or The Education Administration Act; ("école publique")

"regulations" means regulations made by the Lieutenant Governor in Council, by the minister, or by the Advisory Board under the authority of any Act of the Legislature; ("règlements")

"resident" as used to refer to or describe a person living in a particular school division or school district, means a person who has his chief place of abode or dwelling in that school division or school district; ("résident")

"resident pupil" as used to refer to or describe a pupil in a particular school division or school district, means a pupil

(

a) whose parent or legal guardian, with whom he resides, is a resident therein, or

(

b) who has attained the age of 18 years and is a Canadian citizen or landed immigrant resident therein, or

(

c) who by reason of being dealt with under any provision of The Child and Family Services Act becomes a resident therein, or (

d) who is designated in writing by the minister as a resident therein; ("élève résident")

"school" means a public school; (" école")

"school board" means the board of trustees of a school division or a school district; ("commission scolaire")

"school building" includes the buildings required or used in a school division or school district for the imparting of instruction or for offices or other public school purposes; but does not include a building, or a part thereof, constructed, designed, or used solely or chiefly for administrative functions of the school division or school district other than those exercised by principals and teachers; ("bâtiment scolaire")

"school district" means a school district which is not designated by the minister as a remote school district; ("district scolaire")

"school division" means a school division having the responsibility of providing for elementary and secondary public school education and includes a remote school district as designated in subsection 3(4) but does not include a school district; ("division scolaire")

"school moneys" means moneys that are the property of, or are payable to, a school division or a school district; ("deniers scolaires")

"school site" means, subject to the regulations, the area of land required set aside or used by a school division or a school district for the school building, teachers' residence, students' residence, offices, or playground, or any one or more of them and includes any area of land required set aside or used for parking purposes; ("emplacement scolaire")

"student teacher" means a student engaged in practice teaching while enrolled in teacher education in a recognized teacher education institution; ("élève enseignant")

"support" means financial support provided to a school division under the government support to education program established under

Part IX and support provided to a school division by way of personnel, materials, equipment or assets in lieu of financial payments or grants; ("aide")

"teacher" means a person who holds a valid and subsisting teacher's certificate or a limited teaching permit issued under The Education Administration Act, or who is authorized by the minister to teach in a school; ("enseignant")

"trustee" means a member of a school board of a school division or school district; ("commissaire")

"unorganized territory" means any portion of the province not included within a municipality. ("territoire non organisé")

PART I

FORMATION, ALTERATION AND DISSOLUTION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS ESTABLISHMENT OF SCHOOL DIVISIONS

School districts authorized.

2(1)

Subject to

section 4, the Lieutenant Governor in Council may, from any portion of the province that is not within a school division or school district

(

a) establish a school district or a remote school district;

(

b) declare any territory to be a school district or a remote school district; or

(

c) add territory to any school district or remote school district.

Contents of order in council.

2(2)

The order in council made under subsection (1) shall

(

a) specify the lands so included;

(

b) give the school district or remote school district a name and number in the following form: "The School District of , Number ";

(

c) divide the school district or remote school district into wards and state the number of trustees in each ward; or if not divided into wards, state the number of trustees to be elected at large;

(

d) state the date upon which the establishment is to be effective; and

(

e) provide for the appointment of a returning officer and for the making of all necessary arrangements, according to the provisions of

section 6 of The Local Authorities Election Act, for the first election of trustees, their terms of office, the method of determining their terms of office, and the date of their taking office.

Incorporation.

3(1)

Every school board is a body corporate under the name "The School Division, Number ", or "The School District of , Number " (whatever name and number are given to the school division or school district shall be inserted in each case where applicable and indicated).

Abbreviation.

3(2)

In all statutes, by-laws, or documents in which the name of the school division or school district is used, the word "Number" in that name may be abbreviated thus: "No.".

Powers of school board.

3(3)

From the effective date of its incorporation, a school board has the powers granted to it, and is responsible for the performance of the duties and is subject to the liabilities charged upon it, under this Act.

Remote school district.

3(4)

The minister, by his written order, may designate a school district as a remote school district.

Change of name.

3(5)

The minister may change the name of a school division or school district.

ALTERATION OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS

Transfers of lands.

5(1)

Where the minister receives a written request

(

a) from a school board, a council of a municipality, the resident administrator of a local government district, or the council of an Indian Band; or

(

b) from 10 or more resident electors of a school division or school district involved; or

(

c) from 10 or more resident electors of an area not within any school division or school district, or where there are not 10 adult residents of any such area, from all the adult residents of such an area;

that

(

d) a new school division or school district be established; or

(

e) lands not in any school division or school district be added to an existing school division or school district; or

(

f) that a transfer of land be made altering the boundaries of a school division or school district or changing in any way the lands comprising a school division or school district, including the merging or amalgamation or dissolution of school divisions or school districts;

(

g) land in an Indian Reserve included in a school division be removed from the school division;

the minister shall refer the request to the board of reference which shall decide the matter, and by its written award, determine whether the request should be granted in whole or in part, or be rejected.

Referral by minister.

5(2)

Notwithstanding subsection (1) and subsection 9(8), the minister on his own initiative may refer to the board of reference any matter to which reference is made in clauses (1)(d), (e), (

f) or (g).

Dissolution of school divisions or school districts.

5(3)

In making an award on any matter referred to it under subsection (1) or (2), the board of reference may dissolve a school division or school district.

Appeals.

5(4)

Where the board of reference has made an award

(

a) any school division, school district, municipality, resident administrator or Indian Band; or

(

b) any 10 electors resident in a school division or school district involved; or

(

c) such number of adult residents as are required under subsection (1) to sign the request in an area not in any school division or school district;

may appeal against the award to a judge of the Court of Queen's Bench in the manner in which an appeal against an award or finding may be made under sections 251 to 257; and those sections to the extent that they are applicable, apply, with such modifications as the circumstances require, to an appeal under this subsection.

Award respecting Indian Reserve.

Except where the award transfers or includes land to or in a school division established as a northern school division, where the board of reference makes an award transferring or including land in an Indian Reserve to or in a school division, it shall, in the award, make provision for that land to be included in a new ward, for the election of one or more trustees for that ward, and may make provision for the number of trustees that shall comprise the school board of the school division.

Notice of establishment of school division.

Upon the establishment of a school division or a school district, and upon the merging or dissolution of a school division or school district, the minister shall cause to be published in The Manitoba Gazette a notice setting forth

(

a) the fact and date of the establishment, merging or dissolution of the school division or school district;

(

b) the name and number thereof:

(

c) the boundaries thereof;

(

d) the number of wards, if any, into which the school division or school district is divided and the boundaries of each ward; and

(

e) the number of trustees to be elected from each ward, or from the school division or school district at large.

Establishment of board of reference.

8(1)

The Lieutenant Governor in Council may establish a board of reference consisting of such number of persons as the Lieutenant Governor in Council may determine, which shall have jurisdiction as designated in the order creating it and as may otherwise be conferred upon it under this Act and the regulations.

Term of office.

8(2)

A member of the board of reference shall hold office for such term as may be fixed in the order appointing him, not exceeding two years, but a member may be appointed for a further term.

Quorum.

8(3)

In the order establishing the board of reference, the Lieutenant Governor in Council shall fix the number of members thereof that constitute a quorum.

Remuneration.

8(4)

Each member of the board of reference, other than a person who is in receipt of remuneration for duties performed

(

a) as a member of the civil service of the government; or

(

b) as a member or employee of a board, commission, corporation or other similar body that is appointed or controlled by, or is under the authority or direction of the government.

may be paid such remuneration as may be fixed by the Lieutenant Governor in Council; and each member of the board of reference may be paid the amount of such out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board of reference as may be approved by the Minister of Finance.

Secretary of board of reference.

8(5)

The minister may designate an employee of the department to act as the secretary of the board of reference.

Rules of procedure.

9(1)

The board of reference may, subject as herein provided, make rules to govern its own procedure.

Powers under Manitoba Evidence Act.

9(2)

The members of the board of reference, for the purpose of carrying out their duties and functions under this Act and the regulations have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.

Fixing date of hearing.

9(3)

Where a matter is referred to it under this Act or any other Act of the Legislature by way of appeal or otherwise, the board of reference shall fix the date on which, and the time and place at which, it will hold a hearing with respect to the matter and the date so fixed shall be not less than two weeks after the date of the mailing or of the publication of notices as hereinafter required, whichever date is the later.

Notices of hearings.

9(4)

The board of reference shall send by mail

(

a) to each school board named in the matter referred;

(

b) to the council of each municipality that, or any part of which, is within a school division or school or school district named in the matter referred;

(

c) to the resident administrator of each local government district involved;

(

d) to the council of the Indian Band concerned;

(

e) to the owner of each parcel of land, mentioned in the matter referred, wherever practical; and

(

f) to any person designated for the purpose by the members of any group of resident electors that has made a request as herein provided, or where no person has been so designated, to the person first named in the request;

a written notice giving a brief description of the matter referred and stating the date on which, and the time and place at which, it will be considered and the board of reference shall also cause a copy of the notice to be published at least once in a newspaper having a circulation in the area in which the municipalities, school divisions or school districts, interested in the matter are situated.

Hearing.

9(5)

On the date, and at the time and place stated in the notice, the board of reference shall sit and hear any person interested in the matter or any person on his behalf.

Award.

9(6)

The board of reference shall make its award in respect of any matter referred to it and unless the award is appealed in accordance with

section 5 the award is final.

Effect of award.

9(7)

Unless an award of the board of reference is set aside on appeal, where the time for an appeal therefrom has lapsed and no appeal is taken, the award has effect in accordance with its terms.

Period of award.

9(8)

An award of the board of reference continues in force for a period of at least three years and no application for a further award in respect of the same matter shall be made during that period.

Certain terms of award.

9(9)

Every award of the board of reference shall

(

a) set forth the changes, if any, made in the boundaries or area of the wards of any school division or school district;

(

b) make such changes in the number of the trustees of the school board and the number of trustees to be elected from each ward, as may be required or desirable as a result of the changes in the boundaries of wards;

(

c) except in the case of land in an Indian Reserve, make such adjustments and transfers of the assets and liabilities necessary to implement the award, and are deemed by the board of reference to be fair or desirable:

(

d) fix the costs to be paid and specify the persons or corporations by whom or by which they are payable;

(

e) where a deposit has been made in respect of an appeal, direct the disposition thereof that is to be made;

(

f) fix the date upon which the award is effective and make the award retroactive where deemed necessary;

(

g) where a new school division or school district is established, make provision for the first election of trustees and their term of office or method of determining their term of office;

(

h) give such other orders and directions as may be necessary to dispose of the appeal or other matter referred.

Notification of award.

9(10)

The board of reference shall cause a copy of each award made by it to be sent to

(

a) the minister:

(

b) each municipality, each local government district and each school division or school district affected by the award or that has an interest therein;

(

c) the council of each Indian Band referred to in the award;

(

d) the owner of each parcel of land, wherever practical, specified in the award; and

(

e) any person designated for the purpose by the members of any group of resident electors that has made a request as herein provided, or where no person has been so designated, the person first named in the request.

Submission to vote of electors.

9(11)

Where a matter is referred to the board of reference under

section 5 or under

section 13. the board of reference before making its decision thereon, may require that the matter be submitted to a vote of the resident electors of the territory involved as designated.

Taking of vote.

9(12)

Where a matter is submitted to a vote under subsection (11), the board of reference shall designate the returning officer or officers for the purpose of taking the vote, and the vote shall be taken in accordance with

section 27.

Meaning of "school corporation".

For the purposes of sections 11 and 12, the expression "school corporation" means a school division or a school district.

Transmission, etc. without fee.

Where the title to any land that is registered in the name of a school corporation becomes, under any provision of this Act, vested in another school corporation

(

a) every application for transmission and every other instrument under The Real Property Act, required to be registered or filed in order to permit the issue of a certificate of title to the land in the name of the other school corporation: and

(

b) every deed or other instrument under The Registry Act required to be registered in order to evidence the transfer of the title of the land to the other school corporation;

if properly executed and completed as required bylaw, shall be registered or filed by the district registrar of the proper land titles office, without charge or payment of any fee for transmission, registration, filing or otherwise.

Transfers of rights, etc. on creation of new school divisions.

12(1)

On the date on which the new school board of

(

a) a new school division: or

(

b) a school district that has been declared to be a school division: or

(

c) a school division that has been formed by the consolidation of two or more school divisions or school districts;

takes office, every teacher who was employed by a school corporation within the new school division shall be deemed to be employed by and his contract assigned to, the new school corporation without any loss or abatement of the rights, privileges and obligations conferred upon or enjoyed by the teacher prior to that date.

Rights, duties and obligations of new school corporation.

12(2)

The new school corporation referred to in subsection (1) has the same rights, duties and obligations with respect to the teacher deemed to be employed by it as the school corporation by which he was formerly employed had, whether under contract, by virtue of any Act or otherwise, immediately prior to the date on which the new school board took office.

Transfer of special moneys to L.G.D.

12(3)

Where a school corporation is dissolved under

section 5 or 13 if the school corporation has among its assets moneys received under The Unconditional Grants Act, those moneys shall be transferred by the school corporation to the resident administrator of the local government district in which the school corporation was situated to be used for the purposes of providing and maintaining municipal services in the area previously comprising the school corporation and, if a dispute arises in respect of the moneys or the amount thereof, the matter shall be referred by the minister to the board of reference and its decision in respect thereof is final and binding on all persons affected thereby.

Disposition of property on school site.

12(4)

Where a school corporation is dissolved under

section 5 or 13 if on property previously owned by the school corporation, there is situated a fixture or other property, real or personal, which did not belong to the school corporation, the minister may refer to the board of reference established under

section 8 the matter of the disposal of the fixture or other property so situated on the property previously owned by the school corporation and its decision in respect thereof is final and binding on all persons affected thereby.

Audit of school division or school district.

12(5)

Where a school corporation is dissolved, the secretary-treasurer of the school corporation shall forthwith turn over to the auditor of the school corporation, or if there is no auditor, to an auditor appointed by the minister, all books, documents and records of the school corporation and the auditor shall audit the books and records of the school corporation, and shall forward them, together with his report on the audit, to the school corporation which shall pay the costs of the audit.

Dissolution of closed remote school district.

Where all the schools in a remote school district are closed and have been continuously closed for two or more years, the minister may refer the matter of dissolving the remote school district to the board of reference which may order

(

a) that the remote school district be continued; or

(

b) that the remote school district be dissolved, the lands within the remote school district be transferred to a school division and direct the manner in which the assets and liabilities of the remote school district shall be disposed of or paid and adjust the rights and claims consequent upon the changes to be made.

NORTHERN SCHOOL DIVISION

Establishment of school division.

14(1)

The minister may, by order, establish a northern school division to include such territory north of the northern boundary of township 22 in the province as he considers advisable.

Alteration, etc. of area.

14(2)

The minister may, as he deems advisable, by order

(

a) withdraw territory from a school division established under subsection (1); or

(

b) add further territory north of the northern boundary of township 22 in the province to a school division established under subsection (1);

(

c) create remote school districts within a school division established under subsection

14(3)

An order made under subsection (1) or (2) shall include

(

a) the name and number of the school division or remote school district, as the case may be;

(

b) the date on which the order takes effect; and

(

c) a description of the territory included in the school division, added to the school division, or withdrawn from the school division or included in the remote school district, as the case may be.

School board is a corporation.

14(4)

The school board of a school division or remote school district established under subsection (1) or (2) is a body corporate.

Limitation on order.

The minister shall not include in a school division established under subsection 14(1), territory that is within or forms part of an established school division.

Appointment of official trustee.

16(1)

Upon the establishment of a northern school division, the minister shall appoint an official trustee for the school division.

Salary.

16(2)

The minister shall fix the salary of an official trustee appointed under subsection (1), which shall be paid from the Consolidated Fund with moneys authorized by

an Act of the Legislature to be paid and applied for the purposes of this Act.

Division committee.

17(1)

The minister may appoint a committee of persons residing in the school division to advise and assist the official trustee with respect to school matters in the school division.

Local committees.

17(2)

The minister may appoint a local committee, for any community within the school division where there is a school, consisting of persons residing within that community, to advise and assist the official trustee with respect to school matters in the community.

Powers of official trustee.

18(1)

In addition to the specific powers, duties and functions set out in this Part, an official trustee appointed under subsection 16(1) has and may perform with respect to any school operated by the school division all the powers, duties and functions that may be exercised or performed by

(

a) an official trustee under this Act; and

(

b) a school board.

Special powers of official trustee.

18(2)

An official trustee of a school division appointed under subsection 16(1) may

(

a) arrange for transportation for pupils attending schools within the school division;

(

b) arrange for living accommodation and necessities for pupils attending schools within the school division;

(

c) with the approval of the minister, establish one or more secondary schools within or without the school division for the education of pupils residing within the school division and determine the courses to be offered thereat;

(

d) with the approval of the minister, establish and provide for a residence for students attending any secondary schools established under clause (c); and

(

e) employ and pay teachers and other employees required for the operation of the school division and the schools and residences established and operated by the school division.

Estimate of approved expenses.

In each year the official trustee of a northern school division shall prepare in accordance with the provisions of

Part IX to the extent that they are applicable, an estimate of the approved expenses and revenues for all schools operated in the school division, including grants and support payable or to be provided to the school division for the current year and shall submit the estimate to the minister for his approval.

Appeal of apportionment.

20(1)

Where a municipality or a local government district that is wholly or partly included in a northern school division receives notice of apportionment as provided in

section 183, it may appeal the apportionment and subsections 191(5) and (6) apply with such modifications as the circumstances require.

Levies.

20(2)

Where a municipality or a local government district all or part of which is within a northern school division receives a notice of the amount apportioned to the municipality or local government district under this Act and of the amount allocated to the municipality or local government district under

Part IX, the sections pertaining to the collection and payment of the amounts apportioned apply.

Special grants.

The minister, with the approval of the Lieutenant Governor in Council, may make such additional grants or provide such additional support as he deems advisable to a northern school division established under subsection 14(1) for the purposes of capital and operating expenditures.

PART II

SCHOOL BOARDS

Qualifications of candidates for trusteeship.

A person is qualified to be nominated for, and elected as, a trustee of a school board if

(

a) he is resident elector in the school division or school district; and

(

b) he is a Canadian citizen as defined in The Local Authorities Election Act; and

(

c) he is of the full age of 18 years; and

(

d) he is not disqualified from being a trustee under any other provision of this Act.

Nomination of candidates.

23(1)

Nominations of candidates to be elected as school trustees in each school division or school district shall be made in the form and manner prescribed in The Local Authorities Election Act, and each nomination shall be accompanied by a written acceptance thereof by the candidate and a declaration by the candidate in Form 9 of that Act.

Election of trustees.

23(2)

The nomination and election of school trustees shall be conducted in the same manner and according to the same principles as the municipal nominations and elections of councillors, and the provisions of The Local Authorities Election Act respecting the time for opening and closing the poll, the mode of voting, corrupt or improper practices, qualifications of electors and declarations of office apply with such modifications as the circumstances require, to the election of the school trustees.

Number of trustees.

The number of trustees elected by the qualified electors shall be such number in each ward, or where there are no wards such number of trustees elected at large, as is prescribed by

(

a) an order establishing the school division or school district; or

(

b) an award of the board of reference; or

(

c) a by-law of the school board, passed as provided by

section 57.

Term of office.

25(1)

Notwithstanding any provision of any other Act of the Legislature and except as otherwise provided in this Act or in the order or award establishing or altering the school division or school district, each trustee shall hold office for a term of two years, and thereafter until his successor is elected or appointed and takes office.

Elections in school divisions in Greater Winnipeg.

25(2)

Notwithstanding any provision of any other Act of the Legislature, elections for school trustees shall be held on the same date on which elections for members of the council of The City of Winnipeg are held with respect to the following school divisions:

(

a) The Winnipeg School Division No. 1.

(

b) The St. James-Assiniboia School Division No. 2.

(

c) The Assiniboine South School Division No. 3.

(

d) The St. Boniface School Division No. 4.

(

e) The Fort Garry School Division No. 5.

(

f) The St. Vital School Division No. 6.

(g)The Norwood School Division No. 8.

(

h) The River East School Division No. 9.

(

i) The Seven Oaks School Division No. 10.

(

j) The Transcona-Springfield School Division No. 12.

(

k) The Seine River School Division No. 14.

Term of office of trustees in Greater Winnipeg.

25(3)

The term of office for trustees shall be

(

a) for those school divisions that are entirely within The City of Winnipeg the same as the term for the members of the council of the City of Winnipeg; and

(

b) for a ward in a school division or in a school division that has no wards, that is not entirely within The City of Winnipeg, the same as the term of office for councillors of the municipality in which a major part of that ward or school division is situated.

Regulations.

25(4)

The minister may make such regulations as he deems necessary for the conduct of the election of trustees under this section.

Commencement of term of office.

25(5)

The term of office of trustees shall commence 14 days after the fourth Wednesday in October of the year in which the election is held or on the date of the first meeting whichever first occurs.

Increasing or decreasing term of office.

25(6)

Where a written request is received by the minister from a school board other than the board of a school division mentioned in subsection (2), indicating that the school board is in favour of decreasing the term of office from three years to two years or of increasing it from two years to three years, as the case may be, the minister may approve the request.

Alternating terms of trustees.

25(7)

Where the minister receives a written request from a school board other than the board of a school division mentioned in subsection (2), that elections be held annually to provide for the election of trustees on an alternating basis, the minister may approve the request and fix the number of trustees to be elected in each year.

Oath of office.

25(8)

A person elected trustee shall, before assuming the duties of the office, make an affidavit of qualification and take the oath of office in Form I of

Schedule "D" to this Act.

Filling of vacancies.

26(1)

Subject to subsection (2), where

(

a) no return is made for one or more wards or polling subdivisions in consequence of nonelection owing to interruption from any cause; or

(

b) a person elected to a school board neglects or refuses to accept office or to make the necessary declarations of office within the time required: or

(

c) a vacancy occurs on the school board caused by reason of the resignation of the chairman or other member of the school hoard, by death, by judicial decision or otherwise; or

(

d) a vacancy is about to occur due to the receipt by the secretary-treasurer of a resignation under

section 39;

the chairman of the school board for the time being, or, in the case of his absence or of his office being vacant, the secretary-treasurer, or, in the case of the like absence or vacancy in the office of the secretary-treasurer, one of the trustees shall, forthwith, by warrant, under the signature of the chairman, secretary-treasurer or trustee, as the case may be, require the returning officer to hold a new election to fill the vacancy.

Vacancy in final year of term.

26(2)

Where the vacancy occurs in the year in which the term of office expires, the school board may resolve not to fill the vacancy.

Warrant for new election.

26(3)

Where the non-election, neglect or refusal or other vacancy occurs previous to the organization of the school board for the year, the warrant for the new election shall be issued by the chairman or a trustee of the school board, for the previous year, or by the secretary-treasurer in the manner provided in subsection (1).

Organization of board despite irregularity.

26(4)

The non-election, neglect, or refusal or other vacancy does not prevent the immediate organization of the new school board if a majority of the full number of the school trustees is present.

Time for holding election.

26(5)

The election shall be held not later than six weeks after the issue of the warrant, and the returning officer shall appoint a day and a place for the nomination of candidates and a day on which the election shall be held and the election shall, in respect to notices and other matters, be conducted in the same manner as the regular elections of the school division or school district.

Appointment of trustees, if election neglected.

26(6)

Where at a regular or other election of a school division or school district, or at a regular or other nomination, not being a case of an interrupted election, the electors neglect or decline to elect or nominate a trustee on the day appointed or to elect or nominate the requisite number of trustees,

(

a) the members of the new school board if they constitute a majority of the school board; or

(

b) if the members of the new school board do not constitute a majority of the full school board, the members of the school board for the last preceding year or a majority of them;

shall appoint, where necessary, as many qualified persons as will constitute or complete the number of trustees requisite for the school board.

Unexpired term.

26(7)

A trustee elected or appointed to fill a vacancy shall hold office only for the unexpired term of the person in whose place he has been elected or appointed.

Application of Local Authorities Election Act.

27(1)

The Local Authorities Election Act applies

(

a) to the election of trustees;

(

b) to the preparation and revision of the list of electors; and

(

c) to the submission under this Act of any question to a vote of the electors of a school division or school district.

Reference to Municipal Act.

27(2)

Where in this Act there is reference to The Municipal Act or any provision thereof in respect of a matter relating to an election or the submission of a question to the vote of electors of a school division or school district

(

a) if the matter is dealt with in The Local Authorities Election Act, that reference shall be deemed to be a reference to The Local Authorities Election Act or to the corresponding provision thereof: and

(

b) if the matter is not dealt with in The Local Authorities Election Act, that reference shall be deemed to continue to be a reference to The Municipal Act or to the relevant provisions thereof.

Public Schools Act to prevail.

27(3)

Where there is any conflict between the provisions of this Act and the provisions of any other Act of the Legislature or of any city charter respecting the number of trustees, the number of wards and the procedure for changing the number of trustees or the number of wards or altering the boundaries of the wards in any school division or school district, the provisions of this Act prevail.

OFFICIAL TRUSTEE

Appointment of official trustee.

28(1)

The Lieutenant Governor in Council may appoint an official trustee for any school division or school district, the affairs of which are not being or cannot be, in his opinion, satisfactorily managed by the school board of that school division or school district, as the case may be.

Powers of official trustee.

28(2)

Every official trustee appointed under this

section

(

a) has all the powers and authority conferred by this Act upon a school board and upon its officers;

(

b) shall comply with the provisions of this Act relating to school boards in so far as they apply to him; and

(

c) shall be remunerated out of the funds of the school division or school district or otherwise, as the Lieutenant Governor in Council may decide.

Retirement of former officials.

28(3)

Upon the appointment of an official trustee under this

section for any school division or school district, ail other trustees and officials of the school division or school district, if any, shall cease to hold office and after a proper audit they shall forthwith deliver to the official trustee all moneys, books and records, pertaining to the school division or school district to be retained by him while he holds office.

Retirement of official trustee.

28(4)

The Lieutenant Governor in Council may, either on his volition or on petition signed by at least 50% of the electors of the school division or school district, arrange for the election of a school board for the school division or school district and, upon the trustees being elected and taking office, the appointment of the official trustee appointed under subsection (1) shall terminate.

Appointment of deputies.

28(5)

Where the Lieutenant Governor in Council before or after the coming into force of this Act has appointed or appoints any officer of the department as official trustee of a school division or school district, he may also appoint any one or more members of the staff of the department to be a deputy of the official trustee so appointed and to act during his absence or incapacity from any cause and may, by the order, direct that each deputy shall have all the powers and duties of the official trustee or only such of them as may be specified in the order and each deputy shall have, exercise and discharge the powers and duties as set out in the order.

Reporting positions of trust.

28(6)

An official trustee appointed under this

section shall report to the minister all occupations of trust as is required for secretary-treasurers under subsection 53(5).

MEETINGS OF TRUSTEES

First meeting.

29(1)

The first meeting of a school board following a regular election shall be held in the month of November not later than the 14th day after the fourth Wednesday in October in the year of the election at an hour to be fixed by the secretary-treasurer of the school division or school district who shall notify each trustee of the time and the place of the meeting.

Election of the chairman and vice-chairman.

29(2)

At the first meeting of a school board, in November of each year, the trustees present shall elect from among themselves a chairman and vice-chairman for the next ensuing year and the secretary-treasurer of the school board shall preside at the election, or, if there is no secretarytreasurer present, the trustees present shall select one of themselves to preside at the election and the member selected to preside may vote on the election.

Tie vote.

29(3)

In the event of a tie vote in selecting a chairman or vice-chairman the school board shall determine by lot who shall cast the deciding ballot.

Emergency meeting.

30(1)

Notwithstanding subsection (2), the school board may hold a meeting at any time and any place to deal with an emergency situation if all the trustees consent thereto and are present thereat.

Notice of school board meetings.

30(2)

Notice of all school board meetings, regular and special, shall be given by the secretary-treasurer to all trustees so that the notice will be received at every trustee's designated address at least 24 hours before the meeting, by notifying each of them personally or in writing, stating the place, date and hour of the meeting.

Open meeting of school board.

30(3)

Every school board shall hold its meetings openly, and no person shall be excluded or removed from any meeting except for improper conduct.

Committee meetings.

30(4)

Meetings of committees may be held in camera.

Maintaining order by conduct and deciding questions.

30(5)

At all meetings of the school board the chairman of the meeting shall

(

a) maintain the order and proper conduct and decorum of the meeting; and

(

b) decide questions of order, subject to an appeal to the rest of the board.

Removal of persons from meetings.

30(6)

Where, at a meeting of the school board, any person other than a member of the school board is, in the opinion of the chairman of the meeting, guilty of disorderly or improper conduct, the chairman of the meeting may require him to leave the meeting forthwith and if he fails to do so may cause him to be removed.

Chairman to preside.

The chairman shall preside at the meetings of the school board and may vote with the other members on all questions and any question on which there is an equality of votes shall be deemed to be negatived.

Vice-chairman to preside.

In the absence of the chairman, the vice-chairman shall preside and while so presiding he has all the powers of the chairman.

Rules of procedure.

33(1)

Subject to the provisions of this Act and the regulations, each school board shall pass by-laws establishing rules of procedure for the guidance of the school board in the conduct of its meetings.

Reversal of decisions.

33(2)

Subject to subsection (3), a question once decided by a school board shall not be reversed unless

(

a) written notice of a proposal to reverse the decision has been given from at least one meeting to another: and

(

b) a majority of the total number of trustees for the division votes in favour of the reversal.

Reversal by unanimous consent.

33(3)

A decision of a school board may at the same meeting at which it is made and by unanimous consent of all members present and voting thereon be reversed.

Powers of trustees in case of illegal election or vacancy.

No resolution, by-law, proceeding or action, of any school board shall be invalid or set aside by reason of any person whose election as a member thereof has been annulled or declared illegal under this Act or any other Act of the Legislature, or who is not qualified under this Act, as the case may be, having acted as a trustee and, where the seat of any trustee becomes vacant, the remaining trustees shall carry on the work of the school board until his successor is elected or appointed and takes office.

Corporate acts must be done at school board meetings.

An Act or proceeding of a school board that is not done or taken at a regular or special meeting of the school board, is not valid or binding on any person affected thereby.

No trustee to have contract with the school division or school district.

36(1)

No trustee shall have any pecuniary interest in, or receive or expect to receive, any profit or benefit from any contract, agreement or engagement taken, made or entered into, either in his own name or in the name of another, with the school board of which he is a member, and any such contract, agreement or engagement is void.

Exceptions.

36(2)

Notwithstanding subsection (1), a trustee may

(

a) receive a sum determined by a rate not exceeding that fixed by a resolution of the school board, for work done for the school board apart from his duties as trustee if

(

i) the school board is unable to arrange to have the work done by someone who is not a member of the school board and, before the work is done, by resolution, approves of the work to be done by the trustee, or

(ii) the work is done to relieve an emergency and the school board, by resolution passed at its next meeting after the work is done, approves of the work done and acknowledges that it was done to relieve and emergency;

(

b) be a shareholder in a corporation having dealings or contracts with the school board, unless

(

i) directly or indirectly, he owns or is entitled to a beneficial interest in 5% or more of the issued capital stock of the corporation, or

(ii) he is a manager, managing director or other director, general manager, or secretary thereof, or other similar senior or executive official thereof, or devotes his whole time or the major portion of his time, to the direction of the affairs of the corporation, and

(iii) the dealings or contracts involve considerations or amounts exceeding, in any one year, in the aggregate more than a sum fixed by resolution of the school board at its inaugural meeting.

Limitation of trustee's rights.

36(3)

A trustee who owns or has a beneficial interest of less than 5% of the capital stock of a corporation having dealings or contracts with the school division or school district shall not vote at meetings of the school board on any question affecting those dealings or contracts.

Vacating of trustee's seat.

36(4)

A trustee who violates any provision of this

section shall, ipso facto, vacate his seat and the remaining trustees shall forthwith declare the seat vacant and order an election to fill the vacancy in accordance with subsection 26(1).

Seat vacated by absence from meetings, etc.

A trustee who

(

a) absents himself from the regular meetings of the school board for four consecutive regular meetings or for a period of three consecutive months, whichever occurs first, without being authorized by resolution recorded in its minutes: or

(

b) ceases to be a resident of the school division or school district for which he is a trustee;

shall, ipso facto, vacate his seat and the remaining trustees shall, subject to

section 26, declare his seat vacant and order an election to fill the vacancy.

Investigation of complaints.

38(1)

Where a complaint is made to the minister by a resident elector of a school division or school district that a trustee has refused to vacate his seat for violating any provision of this Act or the remaining trustees have failed to declare his seat vacant or forthwith order a new election, the minister shall designate a person to investigate the complaint.

Formalities of making complaint.

38(2)

No complaint under subsection (1) shall be entertained by the minister unless it is made to him in writing.

Power under Evidence Act.

38(3)

Where he is investigating a complaint under this section, the person investigating the complaint has like powers and protection as are conferred upon a commissioner appointed under

Part V of The Manitoba Evidence Act.

Decision of person investigating complaint.

38(4)

Where he finds that any provision of this Act has been violated and the trustee against whom the complaint is made is thereby disqualified from holding his seat, the person investigating the complaint shall declare the seat vacant and appoint the time and place for an election to fill the vacancy.

Appeal.

38(5)

The decision made under subsection (4) is subject to appeal in which case the provisions of

section 250 apply, with such modifications as the circumstances require.

Resignation by trustee.

A trustee may resign his office by giving written notice of the resignation to the secretary-treasurer and the remaining trustees shall, subject to

section 26, take steps to fill the vacancy.

Bonding of officials.

40(1)

The secretary-treasurer of a school division or school district and any other person to whom a school board entrusts school moneys, shall be bonded by an insurer licensed to undertake guarantee insurance in the province to secure the due keeping of, accounting for and paying over of all school moneys or property that come into his hands.

Bonding of official trustees and secretarytreasurers.

40(2)

The minister shall cause

(

a) every official trustee appointed by the Lieutenant Governor in Council; and

(

b) the secretary-treasurer and other persons entrusted with money or property of a school division or school district;

to be bonded under one or more general bonds covering, or each covering, the officials of several school divisions or school districts and the minister shall pay the premium charged for any such bond out of such moneys as may be authorized by

an Act of the Legislature to be paid and applied for grants to public schools.

Execution of bonds.

40(3)

Where the minister causes a bond to be procured under subsection (2), the bond may be executed by the minister, or by the Minister of Finance, on behalf of the government notwithstanding that the government may have no insurable interest therein or may not be the employer of any person in respect of whose default, malfeasance, misfeasance, non-feasance, dishonesty or neglect of duty, the bond is issued or given or made and in any case where the government is not the employer of any such person the minister executing the bond shall be deemed to be the agent, attorney and trustee for that purpose for each of the school divisions or school districts in respect of the secretary-treasurer and other persons for whom the bond is issued, given or made, in so far as their respective interests may extend and the bond shall be binding on the guarantor or insurer therein named in accordance with the terms thereof.

Adequacy of bond.

40(4)

The adequacy of any bond provided under this

section shall be determined by the school board.

Additional bond coverage.

40(5)

Where the school board determines that the bond coverage under this

section is inadequate, it shall, at its own expense, obtain additional bond coverage for the persons involved.

PART III

POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS

DUTIES OF SCHOOL BOARDS

Certain duties of school boards.

41(1)

Every school board shall

(

a) provide adequate school accommodation for the resident persons who have the right to attend school as provided in

section 259;

(

b) erect and maintain upon the school building or on the school grounds a flagstaff and shall cause the national flag of Canada to be

(

i) flown on each day that the school is open, weather conditions permitting, or

(ii) prominently displayed in the school building when weather conditions do not permit the flag to be flown outdoors:

(

c) authorize the disbursement of any moneys that are to be expended or have been expended in accordance with subsection 53(4);

(

d) publish, except in the case where a regulation made under

section 193 applies, a

summary or condensation of the annual financial report which

summary or condensation shall not provide less information than the

summary statement of revenue and expenditure and the statement of financial position of the revenue fund as may be required under subsection (14) and state in the publication thereof that a copy of the audited financial report is available for inspection by any resident elector at all reasonable hours in the office of the secretary-treasurer and that the resident elector at his own expense, may make a copy thereof or extracts therefrom;

(

e) except in the case of school districts to which the regulations made under

section 193 apply, make available for examination and inspection in the office of the secretary-treasurer of the school board at any reasonable time by any resident of Manitoba a copy of

(

i) the final budget for the current year or any year within the last five years as adopted by the school board and submitted to the Public Schools Finance Board, but excluding therefrom information that may be related directly to any individual employee or to any current negotiations in respect of employee remuneration or benefits, and

(ii) the audited financial statements of the school board for any year within the last five years prepared in accordance with the requirements of subsection (14), and permit the resident, at the resident's expense, to make copies thereof or of extracts therefrom;

(

f) arrange to deposit all school division or school district funds in an account established with a bank or credit union;

(

g) subject as otherwise provided in this Act, employ teachers and such other personnel as may be required by the school division or school district;

(

h) arrange for the payment of salaries at least monthly;

(

i) subject to this Act and the regulations, prescribe the duties that teachers and other personnel are to perform;

(

j) allow students enrolled in a teacher education course conducted to prepare persons to be certified as teachers under The Education Administration Act and approved by the minister, to attend any classroom of any school as determined by the school board and the teacher education institution, at any time when the school is in session for the purpose of observing and practice teaching;

(

k) admit at the opening of the fall term and at such times as the school board may by by-law establish, children beginning school pursuant to the provisions of

Part XIV of this Act;

(

l) in any published advertisement for the employment of a teacher, state

(

i) if no

schedule of pay is in effect, the salary or the basis of the salary to be paid to the teacher, or

(ii) if a

schedule of pay is in effect, that the salary paid will be in accordance with the salary

schedule for the school division or school district or with the collective agreement for the school division or school district, as the case may be;

(

m) immediately notify the minister responsible for health of any case reported to the school board pursuant to clause 96(e);

(

n) arrange to purchase textbooks for free distribution to pupils;

(

o) select and purchase or rent school sites and premises, and build, repair, furnish, keep in order and regulate the use of the school buildings, lands, enclosures and movable property;

(

p) determine the number, kind, grade, and description, of schools to be established and maintained;

(

q) screen every pupil who has not previously been screened entering the school system in that division or district, for physical, mental, emotional or learning disability.

Request for deduction and payment of dues.

41(2)

Where collection of The Manitoba Teachers' Society fees is not covered by a collective agreement any teacher may in each year file with the school board by which the teacher is employed, in a form approved by the minister, a request that the annual dues of the teacher to The Manitoba Teachers' Society be deducted from the salary payable to the teacher and paid to the society as provided in subsection (3).

Method of deduction and payment.

41(3)

Where a teacher has filed a request under subsection (2) or where a collective agreement in effect provides for the deduction and payment of annual dues of The Manitoba Teachers' Society, the school board shall deduct or pay over to the society the total amount of the dues on a monthly basis or on such basis as may be provided for by the collective agreement.

Instructional responsibilities of school boards.

41(4)

Every school board shall provide or make provision for education in Grades I to XII inclusive for all resident persons who have the right to attend school.

Programs not offered locally.

41(5)

Subject to any regulations made under The Education Administration Act every school board shall make provision for a pupil to attend a school in another school division or school district for a program not provided by the pupil's home school division or school district and the pupil's home school division or school district is responsible for paying the residual costs of the education.

Residual costs.

41(6)

Any dispute as to what constitutes residual costs shall be referred to the minister whose determination thereon is final and binding.

Tuition fees for Indian pupils.

41(7)

Appointment of auditors.

41(8)

Each school board shall annually appoint an auditor, who shall be a chartered accountant, or an auditor approved by the provincial auditor and in determining whether a person is qualified to be approved for appointment as an auditor, the provincial auditor shall have regard to that person's

(

a) education;

(

b) training in accounting and auditing;

(

c) practical experience in auditing;

and no person shall be appointed as an auditor who is not a member in good standing of an incorporated body of accountants in Canada which requires of its members and has power to enforce, a high standard of professional conduct.

Annual audit.

41(9)

The auditor of the school division or school district shall annually make an examination of the financial affairs, books, accounts, records, and transactions of the division or district.

Method of audit.

41(10)

An examination made as required under subsection (9) shall be in accordance with generally accepted auditing practices, and shall include a general review of the adequacy of the accounting procedures and system of internal control employed to preserve and protect the assets.

Report of auditor.

41(11)

The auditor shall not later than June 30 in any year, make a report to the school board on the annual financial statements examined by him as at the close of the next preceding fiscal year; and the report shall state

(

a) whether his examination included

(

i) a general review of the accounting procedures of the division; and

(ii) such tests of accounting records, and examination of other supporting evidence, as he considers necessary in the circumstances; and

(

b) whether, in his opinion, the balance sheet and statement of revenue and expenditure present fairly the financial position of the school division at the end of its fiscal year, and the results of its operations for that fiscal year, in accordance with accepted accounting principles for divisions applied on a basis consistent with that of the preceding year.

Supplementary report

41(12)

The auditor shall submit to the school board a supplementary report on his examination in which he shall state

(

a) whether, in his opinion, the accounting procedures or systems of control employed by the school division are adequate to preserve and protect its assets;

(

b) whether there are any other matters which he considers should be brought to the attention of the school board of the school division or the minister; and in the report, he shall make such recommendations as seem to him necessary regarding the proper performance of duties, and keeping of records, by the treasurer of other officers and employees of the division;

(

c) whether the funds of the school division have, to the best of his knowledge and belief, been paid and disbursed only under authority granted by

an Act of the Legislature, or under authority of a resolution or by-law of the division made under the authority of

an Act of the Legislature; and

(

d) whether any irregularity or discrepancy in the administration of the affairs of the school division came to his notice in the course of his examination.

Delivery of copies.

41(13)

The auditor shall furnish one copy of each report to the minister.

Financial statement to minister.

41(14)

Not later than June 30 in each year each school board shall furnish to the minister in a form prescribed by him and in the manner required, a duly audited financial statement showing the revenues, expenditures, and other financial information of the school division, or school district for the last preceding year, and the financial position of the school division or school district at the close of that year.

Annual estimates.

The school board of every school district shall submitt on request of the minister, in such form and manner as he may prescribe, a detailed estimate of its expenses for all purposes and revenues from all sources for the current year.

TRANSPORTATION OF PUPILS

General limitations.

43(1)

Subject to the provisions of this Act and the regulations, in all cases where transportation of pupils is required, it shall be provided for those pupils who would have more than one mile to walk in order to reach school, and, further, provision for transportation from home to school shall be made regardless of distance for those pupils who are unable to walk to school because of physical or other handicaps.

Requirements.

43(2)

Subject to subsection (1) and the regulations, each school board shall provide or make provision for the transportation of all resident pupils to and from school or may pay all or part of the living expense of such pupils in lieu of providing transportation.

Compensation to parent for transporting.

43(3)

Subject to subsection (6) and the regulations, where a school board is required to provide transportation of pupils to and from school, if for any reason a pupil of the school division or school district is not conveyed to school in a school bus, or is conveyed to and from a point more than 1/2 mile from the residence of the pupil, the parent or legal guardian of the pupil is entitled to receive compensation from the school division or school district for the transportation of the pupil as provided in this section.

Frequency of payment.

43(4)

The compensation referred to in subsection (3) shall be paid by the school board to the parent or legal guardian at a rate established by the school board and at least once a month or as mutually agreeable to the parent or legal guardian and to the school board, for each day the pupil is so transported.

Calculation of distance.

43(5)

In calculating distance relating to the transportation of pupils, the shortest travelled route available to the pupil shall be used and no account shall be taken of the distance to be travelled by the pupil over the property of the parent or legal guardian on which the residence of the pupil is situated.

Limitation on duty to provide conveyance.

43(6)

Subject to the regulations and subsection (1), no school board shall be required to extend a transportation route beyond the boundaries of the school division or school district, and nothing herein requires the school board to provide for the conveyance of a pupil to and from a point closer than 1/2 mile from the residence of the pupil.

Insurance required.

The school board shall enter into an agreement with any insurer licensed and authorized to carry on insurance business in Manitoba, to indemnify the school division or any conveyor under agreement or under the authority of an agent of the school board against loss or damage resulting from bodily injury to or death of any pupil being conveyed and against any other peril that may arise as a result of the conveyance of pupils.

Minister may deduct premium from grant.

The minister may enter into an agreement for and on behalf of, or as agent for, any one or more school divisions or school districts with any insurer licensed to carry on the business of insurance in the province, insuring the school division or school divisions, or the school district or school districts, as herein provided and the minister may deduct the premium payable in respect of a school division or school district so insured from the moneys payable as grants to the school division or school district as the case may be.

Regulations respecting school transportation.

The Lieutenant Governor in Council may make regulations that are ancillary to and not inconsistent with any provisions of this Act respecting the standards of transportation provided by school divisions and school districts for pupils and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,

(

a) respecting the duties, powers and functions of drivers of vehicles used for such transportation, of persons contracting for such transportation, and of school officials, principals and teachers in respect of such transportation;

(

b) respecting the testing of vehicles used for such transportation and the testing of the drivers thereof;

(

c) respecting the use of vehicles used for such transportation, for purposes other than such transportation;

(

d) prescribing standards and specifications to be met and maintained respecting vehicles used for such transportation and equipment thereon, and prescribing procedures for the enforcement of such standards and the persons who may enforce such standards;

(

e) respecting the powers and duties of school patrols in respect of such transportation and the vehicles used therefor;

(

f) prescribing rules of safety including emergency procedures to be followed in respect of such transportation and the vehicles used therefor, by the drivers thereof, the students, and the school officials, principals and teachers.

Approval of transportation.

No support shall be provided under

Part IX in respect of transportation of pupils unless all requirements of this Act and the regulations respecting transportation of pupils have been met.

POWERS OF SCHOOL BOARDS

General powers of school boards.

48(1)

Subject to the regulations, a school board may

(

a) provide a course of instruction and training for children between three and six years of age in nursery or kindergarten schools or both;

(

b) establish and conduct evening schools and part-time day schools;

(

c) arrange for and conduct summer schools;

(

d) with the consent of the minister, establish and conduct day schools for special purposes;

(

e) enter into an agreement with the minister to establish and conduct special courses, whether or not such courses are part of the public schools program and for payment to the school board in connection with such course, such amount as may be specified in the agreement;

(

f) collect such tuition fees as the school board may establish for any of the classes referred to in clauses (

b) to (

e) except for classes that are part of the regular public school program;

(

g) provide such apparatus and materials as may be deemed expedient for any of the purposes of this section;

(

h) provide, with or without charge, lunches to pupils;

(

i) provide materials, appliances and equipment for school sports and games and supervise and direct sports and games during school terms or vacation;

(

j) purchase books and other instructional materials to be given to the pupils or to be loaned to them with or without charge as the school board may decide:

(

k) provide such course of technical and vocational instruction as may be approved by the minister for pupils enrolled in or attending the schools under the jurisdiction of the school board by placing the pupils under the instruction of any person approved by the minister;

(

l) with the approval of the Lieutenant Governor in Council, establish, maintain and provide for a school outside the limits of the school division or school district;

(

m) where the responsibility for payment is that of the pupil, parent or guardian, recover nonresident fees with costs in any court of competent jurisdiction in the province as a debt due to the school division or school district from any person or corporation by whom they are payable;

(

n) establish and administer, with the consent of the minister, a system of medical and dental inspection of pupils and employees and subject to The Public Health Act and the regulations made thereunder, make such arrangements as may be approved by the minister for attending to the health, cleanliness and physical condition of the pupils and employees of the schools under the jurisdiction of the school board;

(

o) subject as otherwise herein provided, collect from a parent or guardian of a non-resident pupil attending any elementary or secondary grade, an amount not exceeding the net residual cost per pupil per month;

(

p) notwithstanding any other provision of this Act, enter into an agreement with the government, or any minister of the government on behalf of the government, or any agency of the government or any other school board or any person

(

i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or

(ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or

(iii) respecting the provision, exchange or sharing of educational services, or

(iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or

(

v) respecting the construction of a regional vocational school or any other school within or without its territorial jurisdiction, and respecting the programs to be offered therein, or

(vi) respecting any one or more of the things mentioned in sub-clauses (

i) to (v);

(

i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or

(ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or

(iii) respecting the provision, exchange or sharing of educational services, or

(iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or

(

v) respecting any one or more of the things mentioned in sub-clause (

i) to (iv);

(

r) enter into agreements with the council of a municipality for the purpose of construction and maintenance of recreational or other facilities on property owned by the school division or school district and for the joint use of those facilities:

(

s) decide who shall be school visitors;

(

t) provide or make provision for the transportation of any of its resident pupils to and from school, or to and from any school activity during or outside of school hours, and may provide, in whole or part, for the expense of any such transportation;

(

u) establish, operate, maintain and regulate a system of patrols for the protection of children from traffic accidents;

(

v) establish and provide for any course of study approved by the minister;

(

w) provide or authorize the levying of caution fees or fines.

Powers to expend moneys.

48(2)

A school board may spend moneys raised for school purposes

(

a) for extending courtesies of providing tributes and recognition to any person;

(

b) for sponsoring or participating in activities in co-operation with educational organizations;

(

c) for making grants to or becoming members of such organizations of and educational or related nature as the school board may determine; and

(

d) for the in-service education of teachers or other employees.

Scholarships, bursaries, etc.

48(3)

A school board may grant to a pupil a scholarship, bursary or award.

Suspension and expulsion.

48(4)

Subject to the regulations and notwithstanding any other provision of this Act, a school board may suspend or expel from a school any pupil who, upon investigation by the school board, is found to be guilty of conduct injurious to the welfare of the school.

Granting of leave of absence to teachers.

48(5)

A school board may grant leave of absence to any teacher, officer of other employee under its jurisdiction for such period as the school board may approve and may grant the teacher, officer or other employee such allowance per month, during leave of absence, as the school board deems advisable.

Cumulative sick leave.

48(6)

A school board may, by by-law, provide a

schedule of cumulative sick leave with pay for its employees other than teachers.

Insurance coverage.

48(7)

A school board may, under the terms of any arrangement with its employees place insurance coverage on its employees and provide for salary continuation plans and may spend money raised for school purposes to pay, in whole or in part, the premiums thereon.

Agreement respecting regional vocational schools.

49(1)

With the written approval of the minister, two or more school divisions may enter into an agreement for the administration of and provision of funds for the operation of, a regional vocational school and the agreement may provide for the establishment of a governing board to administer the regional vocational school.

Membership of governing board.

49(2)

Where an agreement made under subsection (1) provides for the establishment of a governing board to administer regional vocational schools, the board shall be comprised only of trustees from the school boards of the school divisions which are party to the agreement and shall be known as: " The Governing Board for Regional Vocational School" and, upon being established, the members of the governing board are a body corporate and politic under that name.

Powers and duties of board.

49(3)

Subject to subsection (4), a governing board established under an agreement made under subsection (1) to administer a regional vocational school has, for and in respect of the regional vocational school the powers, duties and obligations of a school board under this Act.

Exceptions.

49(4)

Notwithstanding subsection (3) or any other provision of this Act, a governing board established under an agreement made under subsection (1) to administer a regional vocational school does not have the powers, duties and obligations imposed under clauses 41(1)(a), (

k) or (p) subsections 41(4) or (5),

section 43, clause 48(1)(a),

section 57 or

Part IX.

Subsidiary agreements.

49(5)

Where an agreement is made under subsection (1) in respect of a regional vocational school, the school divisions which are parties to the agreement may enter into subsidiary agreements with each other or with a governing board established under the agreement to administer the regional vocational school, or both, respecting the provision of supplies and services by the school divisions to the regional vocational school or the governing board, or by the governing board, if any, to the school divisions.

Additional transportation powers.

49(6)

Notwithstanding subsection 43(6), a school division which is a party to an agreement under subsection (1) in respect of a regional vocational school may, for the purpose of assisting in the administration of the regional vocational school, and in accordance with any agreement made under subsection (1) or (5), extend transportation routes beyond the boundaries of the school division and provide transportation to pupils residing outside the school division.

Pensions for non-teachers.

50(1)

Subject to subsection (2) and the regulations, a school board shall, by by-law, establish a superannuation or pension plan for its employees and officers who are not provided for under The Teachers' Pensions Act and for this purpose may

(

a) establish a superannuation or pension fund and make rules governing the management, administration and investment of the fund; and

(

b) make rules which specify the person who is eligible to participate in the plan, the amount each participant is required to contribute, the conditions under which a participant, other person or estate is eligible to receive a pension or other benefits, the amount of such pension or other benefits and the procedures to be followed in the administration of the plan; and

(

c) enter into an agreement with a life insurance company or trust company, provided such company is authorized to carry on its business in the Province of Manitoba, to manage the investments of the fund; and

(

d) guarantee the solvency of any superannuation or pension fund established by it.

Optional plan.

50(2)

In lieu of establishing a superannuation or pension fund under subsection (1), a school board may

(

a) enter into an agreement with a municipality in Manitoba whereby the employees of the school board become eligible to participate in the superannuation or pension plan established by that municipality; or

Contribution by school boards.

50(3)

Where a superannuation or pension plan is established under subsection (1) or (2) the school board shall contribute from the funds of the school division or school district the amount required under the plan to be contributed by it and shall include the amount of the contribution in its annual estimates.

Protected from attachment and not assignable.

50(4)

The interest of an employee in the fund or any allowance or payment out of the fund to any person entitled under this Act is not subject to garnishment, attachment or seizure, or to any legal process whatsoever and in the case of the death of the employee or person receiving an allowance, any allowance or payment out of the fund does not form part of the estate of the deceased so as to be liable for any of his debts and no interest, allowance or payment out of the fund is assignable, except that the sum which an employee who leaves the service or is dismissed is entitled to be paid out of the fund may be assigned to another employee superannuation or pension fund or plan approved by the Minister of National Revenue.

SUPERINTENDENT

Appointment of superintendent.

A school board may appoint a superintendent, fix and pay his remuneration and define his duties.

Delegation of powers and duties to superintendent.

A school board may by resolution delegate to the superintendent

(

a) power to employ, within the establishment and budgetary limits set by the school board, necessary staff except senior officers and employees holding administrative or supervisory positions; or

(

b) except in respect of positions mentioned in clause (a), power to accept resignations and power to grant within policy and budgetary limits established by the school board, exchange leave for teachers and to cancel or alter that leave; or

(

c) power to appoint attendance officers; or

(

d) power to promote non-teaching staff into established positions, except in respect of positions mentioned in clause (a); or

(

e) power to select teachers for schools operated by the Department of National Defence, to grant leave for service with the Department of External Affairs and to select teachers for similar service: or

(

f) power to request municipal councils to make improvements in roads and sidewalks adjacent to school sites and power to enter into agreements on behalf of the school board with respect thereto within policy and budgetary limits established by the school board; or

(

g) power to approve payment under final certificates for payments in respect of routine contracts awarded by the school board other than for new buildings, where the contracts have been completed to his satisfaction; or

(

h) any one or more of the powers mentioned in clauses (

a) to (g).

SECRETARY-TREASURER

Appointment of secretary-treasurer.

53(1)

Every school board shall appoint a secretary-treasurer, fix and pay his remuneration and define his duties.

Notice of appointment.

53(2)

Where a secretary-treasurer is appointed, the chairman of the school board or the secretary-treasurer shall, within 10 days thereafter, send or cause to be sent to the minister by registered mail a written notice of the appointment stating the full name and address and qualifications of the appointee.

Payment of accounts.

53(3)

Subject to subsection (4), the secretarytreasurer shall pay the accounts authorized by the school board and in accordance with the policy of the school board.

Payment of accounts without approval.

53(4)

The secretary-treasurer may without prior approval of the school board pay all accounts that are payable by the school division or school district and that have been included in the estimates of the school division or school district for the year in which the account is payable if he considers payment without prior approval of the school board to be in the best interests of the school division or school district and pay all other accounts that are payable by the school division or school district and that have been approved by the school board.

Secretary-treasurer to report occupations of trust.

53(5)

At the first meeting in each year the secretary-treasurer shall make a written statement to the school board of all occupations in which he is engaged which involve the receipt by him of money other than that belonging to the school board or to himself and he shall thereafter during the year as they occur, report any such additional occupations or any discontinuance thereof and the chairman of the school board shall immediately report to the minister all such occupations made known to the school board.

Powers of auditors.

54(1)

An auditor referred to in subsection 41(8) for the purpose of carrying out his duties may

(

a) require the attendance of all or any of the persons interested in the accounts, and of their witnesses, with all such books, papers and writings as the auditors may direct them or any of them to produce;

(

b) administer oaths to persons and witnesses.

Duty to assist auditors.

54(2)

Every trustee and every employee of a school board shall, on request, furnish to the auditor all papers, books accounts and information that the auditor requires to carry out his duties and that it is in the power of the trustee or the employee, as the case may be, to furnish.

Duty to account.

54(3)

Every secretary-treasurer, every person who has been a secretary-treasurer and every trustee or other person who has in his possession any books, papers, chattels or moneys that came into his possession as secretarytreasurer, trustee or otherwise shall deliver up or account for and pay over the books, papers, chattels and moneys to the person designated by the school board or by the minister.

Recording of minutes.

55(1)

The secretary-treasurer shall record in a minute book, without note or comment, all resolutions, decisions and other proceedings of the school board.

Right to examine.

55(2)

On the demand of any resident elector, the secretary-treasurer shall make available to him and permit him to examine the minutes of any school board meeting, excepting any record of any meetings held in camera, at any time when the offices of the school division or school district are open for the transaction of business.

Penalty.

55(3)

Sections 247, 248 and 249 apply, with such modifications as the circumstances require, to every person who contravenes, neglects, refuses or fails to comply with subsection 54(3).

GENERAL PROVISIONS

Payment of annual indemnity.

56(1)

A school board may, by by-law, provide for the payment of an annual indemnity to the chairman and to each trustee payable in such amount and at such times and under such conditions as provided in the by-law.

Additional indemnities.

56(2)

In addition to the indemnity referred to in subsection (1), each member of the school board may be paid and may accept

(

a) such amount per mile as set by by-law of the school board for each mile actually and necessarily travelled from his place of residence in the school division or school district to the place of meeting and return to his place of residence, allowable only once for each school board meeting;

(

b) such amount per hour as set by by-law of the school board for each hour actually and necessarily spent by him under authority previously given by resolution of the school board in the performance of such duties, work or services as he is required or authorized under the resolution to perform; and

(

c) such an amount per mile, as set out by by-law of the school board, for each mile actually and necessarily travelled by him in the performance of the duties, work or services to which clause (

b) applies;

but the remuneration or mileage mentioned in clauses (

b) and (

c) is not payable until an account showing the work or service performed, verified by statutory declaration, has been filed with the secretary-treasurer and payment thereof authorized by resolution of the school board.

Reimbursement for expenses.

56(3)

A school board may reimburse its trustees, trustees-elect or employees for expenses necessarily incurred while attending conventions or carrying out duties assigned or approved by the school board and at such rates and under such conditions as the school board may determine.

School funds.

56(4)

Notwithstanding any other provision of this Act, the principal of each school, subject to the rules of the school board, may raise, hold, administer and expend moneys to be known as "school funds" for the purposes of the school.

Exclusion of student council funds.

56(5)

School funds referred to under subsection (4) do not include student council funds.

Alteration of wards and numbers of trustees.

57(1)

Subject to subsections (2). (3), (4). (5) and (6) a school board may, by by-law, or on the petition of 10 or more resident electors

(

a) alter the boundaries of existing wards;

(

b) increase or decrease the number of wards;

(

c) increase or decrease the number of trustees in any ward but the total number of trustees shall not be fewer than five or more than 11;

(

d) abolish the existing wards and, subject to clause (c), state the number of trustees to be elected at large;

(

e) establish wards and subject to clause (c), state the number of trustees to be elected in each ward so established; or

(

f) do any one or more of the things mentioned in clauses (

a) to (e).

Population of wards.

57(2)

Subject as herein provided each trustee of a school division or school district divided into wards shall represent, in so far as is practicable, approximately the same number of resident electors.

Representation quotient.

57(3)

A school board of a school division or school district divided into wards may establish a representation quotient for the school division or school district by dividing the total number of resident electors as determined by the latest revised electors' roll by the total number of trustees to be elected.

Action to preserve equality by population of wards.

57(4)

Where, in the case of a school division or school district divided into wards, the number of electors per trustee in any one or more of the several wards thereof varies from the quotient obtained under subsection (3) to an extent greater than is permitted under subsection (5), the school board may take such action as may be required to give effect to subsection (2).

Variation in population basis.

57(5)

In determining the area to be included in, and in fixing the boundaries of any ward the school board shall consider

(

a) special geographic conditions, including the sparsity, density and relative rate of growth or loss of population of a part of the school division or school district; and

(

b) any special diversity or community of interests of the inhabitants of a part of the school division or school district;

and may allow a variation in the population requirement of any ward where, in its opinion, those considerations or any of them render a variation desirable but in no case may the representation quotient of any ward in the school division or school district as a result thereof vary from the quotient obtained under subsection (3) to an extent that is greater than 25% or to an extent that is less than 25% of the quotient.

School board may not pass by-law.

57(6)

Where the application of subsection (3), (4) or (5) would result in a reduction in the number of trustees in the school division or school district, the school board may decide not to pass the by-law.

Approval of the minister.

57(7)

A by-law passed under subsection (1) has no effect unless approved in writing by the minister.

Referendum.

57(8)

Before the minister approves a by-law passed under subsection (1), he may require the by-law to be submitted to a referendum of the resident electors of the school division or school district.

Effective date.

57(9)

A by-law made under subsection (1) shall take effect on the date of the next following regular election of trustees in the school division or school district and the term of office of all trustees of the school division or school district affected by the by-law terminates at the time the by-law takes effect and, before the election, the minister in approving the by law shall determine the term of office or method of fixing the term of office of each of the trustees to be elected.

Appeal against action of school board.

58(1)

Where 10 or more resident electors of a school division or school district aggrieved by the action of a school board under subsection 57(1) or by the failure of the school board to take action within three months next following the making of a request under subsection 57(1) the electors may in writing appeal to the minister against the action, or the failure or refusal to act of the school board and the minister may refer the matter to the board of reference.

Procedure on appeal.

58(2)

Where under subsection (1) the minister refers the matter to the board of reference, he shall send a copy of the request to the board of reference and to the school division or school district and the board of reference shall act thereon as provided in

section 9.

PART IV

AGREEMENTS WITH PRIVATE SCHOOLS

Private school.

In this Part, "private school" means a "private school" as defined in The Education Administration Act.

Agreement for transportation.

60(1)

A school board may with the approval of the minister, enter into an agreement with a private school to provide under the supervision and control of the school board to children enrolled in the private school transportation from points on a regular public school bus route operated by the school board to other points on the same route.

Agreement for other services.

60(2)

A school board may with the approval of the minister enter into an annual agreement with a private school respecting the use of the facilities and resources of the school division or school district, other than transportation facilities and resources, by or for the benefit of children enrolled in the private school while attending a public school operated by the school division or school district.

Term of agreement.

60(3)

The term of an agreement under this

section shall not exceed one year.

Grants.

60(4)

Grants made or support provided to a school division or school district under

Part I or IX may include amounts

(

a) in respect of transportation provided by the school division or school district under an agreement made under subsection (1) to children enrolled in a private school;

(

b) in respect if facilities and resources of a school division or school district used under an agreement made under subsection (2) by or for the benefit of children enrolled in a private school.

Grants to private schools.

60(5)

The minister may pay to the private school by way of grants under the regulations in respect of instruction and services that are offered by the private school to children enrolled in the private school where the minister is satisfied that

(

a) the private school teaches a sufficient number of courses approved under The Education Administration Act to ensure that children enrolled in the private school receive an education of a standard equivalent to that received by children in public schools; and

(

b) the teachers teaching the approved courses to children enrolled in the private school hold valid and subsisting teaching certificates issued under The Education Administration Act;

and the minister may make regulations respecting the making of grants under this subsection.

PART V

SCHOOL SITES, BUILDINGS AND OTHER PROPERTY

SCHOOL SITES

Selection of school site.

Where a school site or an additional school site or a change in school site is required in a school division or school district the school board may select the site or may change a school site.

Purchase and expropriation.

Any school board may acquire by purchase, gift, exchange or otherwise and without the consent of the owner thereof may enter upon, take, use and expropriate land for a school site or land adjoining an existing school site which the school division or school district requires for the enlargement thereof or with the consent of the minister, land which the school division or school district requires for demonstration work in agriculture or horticulture.

Payment of encumbrance out of purchase money.

Where a school board has purchased for school purposes, land that is subject to an encumbrance, the school board may out of the purchase money pay off the encumbrance with interest to date of the payment and if the encumbrance consists of a mortgage or annuity charge it may be paid off with interest to the date of the payment and a further amount equal to three months interest as a bonus.

Deposit of money with Minister of Finance.

64(1)

Where, under

section 63

(

a) the person entitled to receive the money refuses to accept the amount hereby authorized to be paid: or

(

b) the person entitled to receive the money cannot be found: or

(

c) there is doubt or uncertainty as to the person who is entitled to receive the money;

the school board may deposit the money with the Minister of Finance together with a statement in writing

(

d) indicating the reasons why the money is being deposited with the Minister of Finance: and

(

e) setting out any other information that it may have respecting the identity of the person who has or may have a claim on the money.

Filing of receipt of Minister of Finance in L. T. O.

64(2)

Upon receiving any money under subsection (1) the Minister of Finance shall issue to the school board a receipt therefor and upon production of the receipt to the district registrar of the land titles district in which the land is situated and an affidavit of that minister setting out to the satisfaction of the district registrar, the circumstances under which the money was received, the district registrar shall discharge the encumbrance, pro tanto, and strike out or amend the entry from the certificate of title showing the encumbrance, as the case may require.

Disbursement of moneys paid in.

64(3)

Any money paid to the Minister of Finance under subsection (1) may be paid out by him on the direction of the district registrar within whose district the land in question lies.

By-law for expropriation.

65(1)

Where under

section 62 a school board is entitled to acquire land by expropriation for a purpose mentioned in that

section and is unable to obtain a valid conveyance of the land, the school board may pass a by-law providing for the expropriation thereof.

Contents of by-law.

65(2)

A by-law for expropriating land shall contain a description of the land by reference to a plan or otherwise and if it is proposed to expropriate an easement or other right in the nature of an easement it shall contain a description of the easement or other right to be expropriated.

Exemption from certain building restrictions.

Notwithstanding any provision of this Act where a school board purchases land that is subject to a building restriction caveat, the land may be used by the school division or school district for its purposes in any manner notwithstanding the caveat or any agreement attached to or referred to therein.

Sale of school site or other property.

Subject to

section 174, a school board may dispose of any school site or school property not required by the school board.

Disposal of mines and minerals.

Subject to the written approval of the minister where a school division or school district owns the mines and minerals lying in or under a school site owned by the school division or school district, it may, if so authorized by a by-law of the school board, lease, sell or otherwise dispose of and deal with, those mines and minerals or any part thereof as the school board in its discretion deems fit and without restricting the generality of the foregoing, but subject as aforesaid and under like authorization, it may enter into and execute agreements or contracts of the kinds commonly called petroleum leases, natural gas leases, unitization agreements and pooling agreements with respect to the mines and minerals.

BUILDINGS AND OTHER PROPERTY

Powers of school board respecting school property.

A school board may

(

b) accept on behalf of the school division or school district any gift of real or personal property or any interest therein and apply the revenue derived therefrom or the proceeds of the sale thereof, or both, towards the payment of scholarships or any other purpose prescribed by the donor thereof or if the gift is not made subject to conditions, for any purpose that the school board subject to the approval of the minister may determine.

Purchasing procedures.

Subject to the regulations the school board in the discharge of its duties under this Act shall at all times use the following procedures:

(

a) all purchases of personal property and contracted services shall be made in the most economical manner possible;

(

b) where the cost of personal property or services mentioned in clause (

a) exceeds $5,000. competitive offers for such property and services shall be obtained, except in emergency situations, by public tender;

(

c) all offers received pursuant to clause (

b) shall be tabulated for ready reference for presentation to the school board.

Ownership of personal property.

The right and title to all personal property purchased, donated or otherwise acquired before, on or after the coming into force of this Act is hereby vested in the school division or school district, as the case may be.

Duties of school board respecting custody of school property.

72(1)

Every school board shall hold in its possession, custody and safekeeping and regulate the use of all public school property, real or personal, acquired or received and hold or apply it according to the terms on which it was acquired or received.

Repair and rental of buildings.

72(2)

Every school board shall keep its school buildings, contents and premises in proper repair and may acquire, by lease, buildings and property as the school board deems necessary for its purposes.

Use of school properties.

Approval of minister to purchase of buildings.

The school board shall not purchase, erect, enlarge or remodel school buildings, teachers' residences, students' residences or any buildings on property owned or leased by the school division or school district, or any one or more of them, or enter into a contract for any of those purposes, unless

(

a) in the case of a building that is erected, enlarged or remodelled, the plans therefor have been approved by the minister; and

(

b) in the case of a building that is to be purchased, the purchase has been approved by the minister.

PART VI

CONDUCT OF SCHOOLS

Tuition fees.

Except as otherwise provided in this Act no school board shall charge tuition fees.

Regulations respecting school year, vacations and school hours.

The minister may make regulations

(

a) prescribing the length of vacations and the number of teaching days in the year; and

(

b) prescribing the hours that shall be school hours for pupils.

Application of regulations.

A regulation made under

section 76 may apply to all school divisions, school districts or schools or to any one or more of them or to any part of a school division or a school district or a school.

Holidays.

78(1)

The following days shall be school holidays:

(

a) every Saturday except as provided in subsection (3);

(

b) every Sunday;

(

c) every day named in the regulations as a holiday.

(

d) every day appointed by the Governor General in Council or by the Lieutenant Governor in Council as a general holiday.

Where holiday falls on Sunday.

78(2)

Except for Remembrance Day, whenever a holiday other than Sunday falls on a Sunday the day next ensuing shall be a school holiday.

Teaching on Saturdays.

78(3)

Subject to the approval of the minister, teaching may be done in any school on a Saturday in which case that day shall be deemed to be a teaching day for that school.

Outdoor education and work education.

78(4)

Subject to

section 88, any pupil engaged in a work education program or participating in an outdoor education or other program which is conducted off the school premises under the authority of the school board shall be deemed to be in attendance at school.

LANGUAGES OF INSTRUCTION

79(1)

Use of other languages.

79(2)

(

a) for instruction in religion during a period authorized for such instruction;

(

b) during a period authorized by the minister for teaching the language;

(

c) before and after the regular school hours prescribed in the regulations and applicable to that school;

(

d) in compliance with the regulations as a language of instruction, for transitional purposes;

(

e) in compliance with the regulations, as a language of instruction for not more than 50% of the regular school hours for pilot courses as determined by the minister.

79(3)

Minister's discretion for fewer pupils.

79(4)

Language of administration.

79(5)

79(6)

(

a) may be a subject of instruction in any grade; and

(

b) shall be a subject of instruction in every class in Grade IV, V, VI, VII, VIII, IX, X, XI or XII where French is used as the language of instruction.

Agreements by boards.

79(7)

Establishment of Languages of Instruction Advisory Committee.

79(8)

The minister shall establish a committee (hereinafter referred to as the "Languages of Instruction Advisory Committee") composed of nine persons, to which he may refer matters pertaining to the use of languages of instruction in public schools and which shall review those matters and make recommendations thereon to the minister.

Composition of Languages of Instruction Advisory Committee.

79(9)

Of the nine members of the Languages of Instruction Advisory Committee

(

a) two shall be appointed by the minister from not fewer than four persons who are members of les commissaires d'ecole franco-manitobains, nominated by the Manitoba Association of School Trustees;

(

b) two shall be appointed by the minister from not fewer than four persons who are members of les éducateurs franco-manitobains, nominated by the Manitoba Teachers' Society; and

(

c) five shall be appointed by the minister;

for such term as the minister may determine.

Regulations.

79(10)

For the purpose of carrying out the provisions of this

section according to their intent the minister may make such regulations and orders as he may deem necessary.

INSTRUCTION IN RELIGION

Authorization for instruction in religion.

80(1)

Instruction in religion may be conducted in any school in Manitoba if authorized by a by-law passed by the school board.

Petition for instruction in religion.

80(2)

If a petition requesting that religious instruction be given in a school is presented to the school board and is signed by

(

a) the parents or guardians of at least 10 children attending the school having one or two classrooms; or

(

b) the parents or guardians of at least 25 children attending the school having three or more classrooms;

the school board shall pass a by-law authorizing instruction in religion in compliance with the petition.

Hours of instruction in religion.

Instruction in religion, when authorized under or permitted by this Act, may take place during school hours at such time and on such days as approved by a by-law of the school board but in any case shall not exceed 2 1/2 hours per week and shall be conducted by a clergyman, priest, rabbi or other spiritual leader or by a representative of parents recognized by the school board as constituting a religious group or by any person including a teacher, duly authorized by such clergyman, priest, rabbi or other spiritual leader.

Non-participation in instruction in religion.

Where the parent or guardian of a pupil who is under the age of majority does not desire the participation of the pupil in religious instruction, the pupil shall be excused from participating in the instruction, and where a pupil over the age of majority does not wish to participate in religious instruction he shall be excused from participating therein.

Regulations.

The minister may make regulations for the purpose of giving effect to sections 80 to 82.

RELIGIOUS EXERCISES AND PATRIOTIC OBSERVANCES

Schools to be non-sectarian.

84(1)

Public schools shall be non-sectarian and no religious exercises shall be allowed therein except as provided in this section.

Conduct of religious exercises.

84(2)

Any religious exercise conducted in schools shall be conducted according to the regulations of the advisory board established under The Education Administration Act.

Time for religious exercises.

84(3)

Religious exercises shall be held at such times during the school day as the school board may establish but in no case shall the school time devoted to religious exercises exceed the maximum provided by the regulations made by the advisory board.

Attendance not compulsory.

84(4)

Where the parent or guardian of a pupil under the age of majority notifies the teacher that he does not wish the pupil to attend religious exercises, the pupil shall not attend and if a pupil over the age of majority does not wish to attend he shall be free not to attend.

Religious exercises required.

84(5)

Subject to subsection (6) and the regulations made by the advisory board, religious exercises shall be held in every school.

Cancellation of religious exercises.

84(6)

A school board may, by by-law, direct that religious exercises shall not be held in any one or more schools during the then current school year and thereafter in that school year they shall not be held in that school or those schools.

Effective period of cancellation.

84(7)

A by-law passed under subsection (6) is effective only until June 30 next following the day on which it is passed.

Petition for religious exercises.

84(8)

If a petition asking for religious exercises, signed by the parents or guardians of 75% of the pupils in the case of a school having fewer than 80 pupils or by the parents or guardians of at least 60 pupils in the case of a school having an enrolment of 80 or more pupils, is presented to the school board, religious exercises shall be conducted for the children of those parents or guardians in that school year.

Patriotic observances.

Patriotic observances as prescribed by the advisory board established under The Education Administration Act shall be conducted in schools according to the regulations of the advisory board.

ACCIDENTS

Exemption from liability in certain cases.

Where injury or death is caused to a pupil enrolled in or attending a school

(

a) during, or as a result of, a course of instruction carried on under the jurisdiction of the school board; or

(

b) during, or as a result of, physical training, physical culture, gymnastic exercises or drill carried on in connection with the school activities; or

(

c) before or after school hours or during recess on school premises, on field trips or excursions or on school buses;

no cause of action accrues to the pupil or to any other persons for loss or damage suffered by reason of the bodily injury or death, against the school division or school district or any servant, agent or trustee thereof unless it is shown that the injury or death was caused by the negligence of the school division or school district or negligence of any of its employees or agents or of any one or more of the trustees.

Defective apparatus.

Where the bodily injury or death of a pupil referred to in

section 86 is caused by defective or dangerous apparatus supplied by the school division or school district for the use of the pupil, the school division or school district and its employees and agents and the trustees shall be deemed to have been not guilty of negligence unless it is shown that one or more of the trustees of the school board or one or more of the employees or agents thereof had knowledge of the defect in or the dangerous nature of the apparatus and failed to remedy or replace the apparatus within a reasonable time after acquiring the knowledge.

Exemption from liability for accidents in work education programs.

Any pupil attending any course in technical or vocational instruction as provided in clause 48(1)(

k) or off the school premises programs as provided for in subsection 78(4) shall be deemed to have accepted the risks incidental to the business, trade or industry in which he is being instructed or trained and, if bodily injury or death is caused to any such pupil during or as a result of the course, no cause of action for loss or damage suffered by reason of the bodily injury or death accrues to the pupil or to any other person

(

a) against the school board or any of the trustees, if it is shown that the school board believed, upon reasonable grounds, that the person with whom the pupil was placed was competent to give the instruction and that his plant and equipment were such as to provide reasonable safeguards against death or injury;

(

b) against the person giving the instruction or his servants or agents unless the bodily injury or death of the pupil resulted from the negligence of the person giving the instruction or his servants or agents

No action lies arising out of school patrol.

Where property damage, bodily injury or death is caused to any person instructed, directed or controlled by a school patrol in the course of acting as such no cause of action accrues by reason or in respect thereof against any school division or school district or any servant or agent thereof or any trustee or the school patrol or his parent or guardian.

Permitting participation in sports not of itself negligence.

No school division or school district or any of its trustees, employees or agents is guilty of negligence solely by reason of the fact that a pupil who wears eye glasses is permitted to take

part in physical training, physical culture, gymnastic exercises or drill or to participate in any play or game carried on in connection with school activities.

PART VII

TEACHERS

Certified teachers.

91(1)

No person is legally qualified to teach or to be employed by a school board as a teacher unless that person holds a valid and subsisting certificate issued by the minister under The Education Administration Act.

Pupils in care of teacher aides.

91(2)

Notwithstanding subsection (1) and subject to the regulations a school board may authorize the principal to leave pupils in the care and charge of school social workers, psychologists, teacher aides, student teachers and other designated responsible persons without having a certified teacher in attendance.

Teacher's agreement.

92(1)

Every agreement between a school board and a teacher shall be in writing signed by the parties thereto and sealed with the seal of the school board and except in the case of a school board authorized to use another form of contract approved by the minister shall be in Form 2 of

Schedule D.

Delivery of agreement to teacher.

92(2)

Every school board after agreeing to employ a teacher shall, within two weeks, deliver to the teacher a written agreement in triplicate, duly executed by the school board and thereafter the teacher shall immediately execute the agreement upon receipt thereof and shall return two copies thereof to the school board.

Hearing by school board before dismissal of a teacher.

92(3)

Where a complaint is made to a school board respecting the competency or character of a teacher, the school board shall not terminate its agreement with the teacher unless it has communicated the complaint to the teacher or his representative and given him an opportunity to appear personally or by representation before the school board to answer the complaint.

Action on termination of agreement.

92(4)

Where an agreement between a teacher and a school board is terminated by one of the parties thereto, the party receiving the notice of the termination may within seven days of the receipt thereof request the party terminating the agreement to give reasons for the termination, in which case the party terminating the agreement shall, within seven days from the date of receipt of the request, comply therewith and where the school board terminates the agreement of a teacher who has been employed by the school board under an approved form of agreement for more than one full school year, as defined by the minister by regulation, the following clauses apply:

(

a) the teacher, by notice in writing served on the school board within seven days of the date the reason for terminating the agreement was given, may require that the matter of the termination of the agreement be submitted to an arbitration board composed of one representative appointed by the teacher and one representative appointed by the school board and a third person who shall be chairman of the board of arbitration, mutually acceptable to and chosen by the two persons so appointed, none of whom shall be a member or employee of the school board;

(

b) each party to the agreement shall appoint its representative to the board of arbitration within 10 days of the serving of the notice by the teacher under clause (a);

(

c) where the members of the arbitration board appointed by the parties cannot agree on a decision, the chairman shall make the decision and his decision shall be deemed to be a decision of the arbitration board;

(

d) the issue before the arbitration board shall be whether or not the reason given by the school board for terminating the agreement constitutes cause for terminating the agreement;

(

e) where, after the completion of hearings, the arbitration board finds that the reason given for terminating the agreement does not constitute cause for terminating the agreement it shall direct that the agreement be continued in force and effect and subject to appeal as provided in The Arbitration Act the decision and direction of the arbitration board is binding upon the parties;

(

f) the arbitration board shall, within 30 days after its appointment make its decision and shall immediately forward a copy thereof to each of the parties and to the minister;

(

g) where a board of arbitration is appointed under this Part the remuneration to be paid to and the expenses incurred by the members of the board in carrying out their duties shall be borne equally by the parties to the dispute.

Accumulated teaching service.

92(5)

Where a teacher enters into an agreement with a school board and has previously been employed as a teacher by one other school board in the province for more than one full school year within three years prior thereto, the period of employment with that other school board shall, for the purposes of subsection (4), be deemed to be time during which the teacher was employed under the new agreement with the new school board.

Right of teacher to recover salary.

92(6)

A teacher is entitled to recover from the school board any salary or other remuneration due to him because of the unlawful or improper termination of his agreement by the school board.

Penalties for breach of agreements.

92(7)

A teacher who enters into an agreement with a school division or school district and wilfully neglects or refuses to comply with the terms of the agreement is liable on the complaint of the school board to have his certificate of qualification suspended by a field representative and a school board that enters into an agreement with a teacher and wilfully neglects or refuses to comply with the terms of the agreement is liable to pay to the teacher one month's salary at the rate stipulated in the agreement in addition to the salary to which he is entitled under the agreement.

Accumulation of sick leave.

93(1)

Each teacher who is continuously employed by a school board shall accumulate entitlement for sick leave at the rate of one day of sick leave with pay for every nine days of actual teaching service, or fraction thereof, unless a collective agreement governing the working conditions of the teacher provides for another manner of accumulating sick leave.

Maximum sick leave in any year.

93(2)

No teacher shall accumulate more than 20 days sick leave with pay under subsection (1) in any year unless a collective agreement governing the working conditions of the teacher provides otherwise.

Maximum sick leave.

93(3)

No teacher shall accumulate more than 75 days sick leave with pay under subsections (1) and (2) unless a collective agreement governing the working conditions of the teacher provides otherwise.

Effective sick leave on service.

93(4)

For the purposes of determining sick leave under this

section and for the purposes of determining sick leave under a collective agreement, unless the collective agreement provides otherwise,

(

a) any day during which a teacher is absent from school because of sickness does not constitute part of actual teaching service; and

(

b) the number of days a teacher is on sick leave with pay shall be deducted from his accumulated sick leave with pay entitlement when he returns to work.

Salary during sick leave.

93(5)

Where a teacher whose sick leave is governed by subsections (1), (2) and (3) is sick, he is entitled to be paid his salary during his sick leave up to the maximum entitlement as determined in accordance with this section.

Payment for sick leave under collective agreement.

93(6)

Where a teacher whose sick leave is governed by the provisions of a collective agreement, whether entered before or after the coming into force of this section, is sick, he is entitled to be paid during his sick leave whatever is provided in the collective agreement.

Continuance of prior entitlement.

93(7)

Any sick leave accumulated by a teacher under any previous Act of the Legislature respecting public schools or under any collective agreement governing the working conditions of the teacher, whether entered into before or after the coming into force of this Act, is not cancelled by the enactment of this

section or this Act but continues to be usable by the teacher as accumulated sick leave subject to the maximum of sick leave for the teacher as provided under this

section or, where the collective agreement provides otherwise, subject to the maximum sick leave as provided in the collective agreement.

Certificate of physician.

Subject to any collective agreement governing the working conditions of the teacher, where a teacher is absent from school because of sickness, the school board may require the teacher to submit to the school board a medical certificate from a duly qualified medic