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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE PAUL RAMSEY

MINISTER OF EDUCATION,

SKILLS AND TRAINING

BILL 45 – 1997

SCHOOL AMENDMENT ACT, 1997

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

of British Columbia, enacts as follows:

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

(

a) in the definition of " distance education school" by striking out "school that offers

instruction to students" and substituting "school or francophone school that offers

instruction to its students" ,

(

b) in the definition of "educational program" by adding the following paragraph:

(a.1) the francophone education authority, in the case of learning activities

provided by the francophone education authority, ,

(

c) by adding the following

definitions:

"chief executive officer" means an individual appointed as the chief executive

officer of a francophone education authority under

section 166.27;

"eligible child" means a child who has an eligible parent;

"eligible parent" means an individual who, under

section 23 of the Canadian

Charter of Rights and Freedoms , has the right to have his or her children receive

primary and secondary instruction in French in British Columbia;

"eligible person" means

(

a) an eligible parent, or

(

b) an adult individual who, under

section 23 of the Canadian Charter of Rights

and Freedoms, would, if that individual had children, have the right to have

his or her children receive primary and secondary instruction in French in

British Columbia;

"francophone administrative officer" means a person who is employed by, or has

a service contract with, a francophone education authority as a director of

instruction, a principal or a vice principal;

"francophone education authority" means a francophone education authority

established or continued under

section 166.12;

"francophone educational program" means an educational program, including,

without limitation, linguistic and cultural components, designed for eligible

children but does not include a course provided in the French language as part of

an educational program that is designed for children other than eligible children;

"francophone school" means

(

a) a body of francophone students that is organized as a unit by a francophone

education authority for educational purposes under the supervision of a

francophone administrative officer,

(

b) the francophone teachers and other staff members associated with the unit,

and

(

c) the facilities associated with the unit,

and includes a Provincial resource program and a distance education school

operated by a francophone education authority;

"francophone school district" means an area prescribed under

section 166.12

(1) (

c) as the area over which a francophone education authority has jurisdiction;

"francophone student" means an eligible child or an immigrant child who is

enrolled in a francophone educational program provided by a francophone

education authority;

"francophone teacher" means a person holding a certificate of qualification who is

employed by, or has a service contract with, a francophone education authority

to provide francophone educational programs to francophone students in a

francophone school, but does not include the chief executive officer of a

francophone education authority, any assistant to that officer or a francophone

administrative officer;

"immigrant" means a person who

(

a) has been granted landing within the meaning of the Immigration Act

(Canada),

(

b) has not become a Canadian citizen, and

(

c) has not, under the Immigration Act (Canada), ceased to be a permanent

resident within the meaning of that Act;

"immigrant child" means a child who has an immigrant parent;

"immigrant parent" means an immigrant who, under

section 23 of the Canadian Charter of Rights and Freedoms , would, if

the person were a citizen of Canada, have the right to have his or her children

receive primary and secondary instruction in French in British Columbia; ,

(

d) in the definition of "Provincial resource program" by adding "or a francophone

education authority" after "board" , and

(

e) in the definition of "student record" by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) a student or francophone student, or

(

b) a child registered under

section 13 with a school or a francophone school, .

Section 1 (2) is amended by adding "or a francophone education authority" after "a board" .

Section 3 (1) is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) enroll in an educational program

(

i) provided by a board,

(ii) in the case of an eligible child, provided by a board or a francophone

education authority, and

(iii) in the case of an immigrant child, provided by a board or, if the child

is permitted to enroll with a francophone education authority under

section 166.24, provided by that francophone education authority,

on the first school day of September of a school year if, on or before

December 31 of that school year, the person will have reached the age of

5 years, and , and

(

b) in paragraph (

b) by adding "or, in the case of an eligible child or an immigrant child,

by a board or a francophone education authority" after "by a board" .

Section 10 is repealed and the following substituted:

Liability for damage to property

10 If property of a board or a francophone education authority is destroyed, damaged, lost

or converted by the intentional or negligent act of a student or a francophone student,

that student and that student's parents are jointly and severally liable to the board or

francophone education authority in respect of the act of that student.

Section 12 is amended by striking out "provided by a board" .

Section 13 is amended

(

a) in subsection (1) by adding the following paragraphs:

(a.1) if the child is an eligible child, a school referred to in paragraph (a), (

b) or (c), or a francophone school of the parent's choice that is operating in the

francophone school district in which the parent resides,

(a.2) if the child is an immigrant child, a school referred to in paragraph (a), (

b) or (c), or a francophone school of the parent's choice that is operating in the

francophone school district in which the parent resides but only if the

francophone education authority responsible for that school permits the

parent to register that child, ,

(

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

(2) If, in accordance with subsection (1), a parent is entitled to register his or her

child with a school or, in the case of an eligible child or immigrant child, with a

francophone school,

(

a) the board that has jurisdiction over the school must ensure that the administrative officer responsible for that school registers the child, or

(

b) the francophone education authority that has jurisdiction over the

francophone school must ensure that the francophone administrative officer

of that francophone school registers the child. , and

(

c) in subsection (3) by adding "or francophone school" after "A school" .

Section 14 is amended

(

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

(1) A person who believes that a child who is required to be registered under

section 13 is not so registered may report that belief to the superintendent of

schools for the district in which that child resides.

(1.1) A person who believes that a child who is being educated in accordance with

section 12 is not receiving an educational program may report that belief

(

a) in the case of a child registered with a francophone education authority

under

section 13, to the chief executive officer of that authority, and

(

b) in the case of a child registered with a school board under

section 13, to the

superintendent of that school board. ,

(

b) in subsection (2) by adding "or chief executive officer" after "superintendent" ,

(

c) in subsection (3) (

a) by striking out "subsection (1)" and substituting "subsection

(1) or (1.1)" , and

(

d) in subsection (3) (

b) by adding "or chief executive officer" after "superintendent" .

Section 33 is amended by adding the following paragraph:

(

d) a person who holds office as a delegate member or director of a francophone

education authority under

Part 8.1.

Section 39 is amended by adding the following subsection:

(2.1) In addition to the persons referred to in subsection (2), a person who has

filed a declaration under

section 166.14 (5) is disqualified from voting at a

trustee election to which the declaration applies.

Section 48 (2) is amended by adding "or 166.14 (7)" after "section 39 (5)" .

Section 75 (3) (

c) is repealed and the following substituted:

(

c) with the agreement of another board or a francophone education authority,

the educational program is provided by that other board or by the

francophone education authority.

12 The following

section is added:

Transmitting records

79.1 Despite

section 79 (1), if a francophone education authority enters into an agreement

with a board or with another francophone education authority for the provision of

services, including the provision of all or part of an educational program or a

francophone educational program, each party to the agreement must provide to the

other party access to information in those student records that are necessary for the

other party to satisfactorily perform the contract.

Section 86 is amended by adding the following subsection:

(1.1) A board may, subject to this Act, the regulations and the orders of the minister,

enter into an agreement with a francophone education authority to provide all or

part of a francophone educational program and health and support services,

including busing and educational resources, to one or more francophone students

enrolled with that authority.

Section 89 is amended

(

a) in subsection (2) by striking out "schools and students." and substituting "schools,

francophone schools and the students and francophone students of those schools." , and

(

b) by adding the following subsection:

(3) A school medical officer appointed under subsection (1) has the same rights,

powers and duties in respect of francophone schools located in the school district

as that medical officer has for other schools in that district.

Section 92 (5) and (6) is repealed and the following substituted:

(5) An employee who fails to take an examination required under subsection (2) or

who is suspended under subsection (4) must not be offered or accept a position

with a board or a francophone education authority until the employee submits to

the board or francophone education authority a medical certificate satisfactory to

the board or francophone education authority or, if the employee is a member of

the college, satisfactory to the college.

(6) An employee who is granted a superannuation allowance on medical evidence of

total and permanent disability must not be offered or accept a position with a

board or a francophone education authority until he or she submits

(

a) to the minister, and

(

b) if the employee is a member of the college, to the college,

a medical certificate, satisfactory to the minister, that the disability no longer

exists.

Section 107 is amended by adding the following subsection:

(4) In this section:

"board" includes a francophone education authority;

"educational program" includes a francophone educational program;

"school district" includes a francophone school district;

"student" includes a francophone student.

Section 108 is amended by adding the following subsection:

(9) In this section:

"board" includes a francophone education authority;

"educational program" includes a francophone educational program;

"student" includes a francophone student.

Section 112 (8) is repealed and the following substituted:

(8) A person is entitled to vote on a referendum in a school district if, at the time the

referendum is held, that person

(

a) is entitled to vote in an election of school trustees in the school district, or

(

b) would have been entitled to vote in an election of school trustees in the

school district had the person not filed a declaration under

section 166.14 (5) in respect of that election.

Section 129 (2) is amended by striking out "or" at the end of paragraph (

e) and by adding

the following paragraph:

(e.1) leased by the board to a francophone education authority and used in whole

or in part for a francophone school including any purpose ancillary to the

operation of the francophone school, or .

Section 138 (2) is repealed and the following substituted:

(2) A regulation made under subsection (1) (a)

(

a) may vary the dates or times referred to in the sections listed in that

subsection as those sections apply to francophone education authorities or

for the purposes of

Part 8.1, and

(

b) may be made after the expiry of the date or time being varied.

21 The following

Part is added:

Part 8.1 – Francophone Education Authorities

Division 1 –

Interpretation

Definitions

166.1 In this Part:

"authority" means a francophone education authority;

"board of directors" means the board of directors of a francophone education

authority constituted under this Part;

"delegate member" means a delegate member of a francophone education authority

elected or appointed under this Part;

"director" means a director of a francophone education authority elected or

appointed under this Part;

"member" means a person who is admitted as a member of a francophone education

authority under this Part;

"president" means the president of a francophone education authority elected under

this Part.

Interpretation

166.11

(1) Where, in this Part, a provision of this Act is made to apply for the purposes of

this Part, a reference in that provision to a word or phrase listed in Column A is

to be read as a reference to the word or phrase listed opposite in Column B.

Column A

Column B

administrative officer

francophone administrative officer

assistant superintendent

assistant to the chief executive officer of a francophone education authority

board

francophone education authority

chair

president of a francophone education authority

district

francophone school district

educational program

francophone educational program

elector

member of a francophone education authority

school

francophone school

school board

francophone education authority

school district

francophone school district

secretary-treasurer

chief executive officer of a francophone education authority

student

francophone student

superintendent

chief executive officer of a francophone education authority

teacher

francophone teacher

trustee

director of a francophone education authority

vice chair

vice president of a francophone education authority.

(2) If an order or regulation referred to in

section 175 (7) is made to apply for the

purposes of this Part, a reference in that order or regulation to a word or phrase

listed in Column A of subsection (1) is to be read as a reference to the word or

phrase listed opposite in Column B.

(3) If a provision that applies for the purposes of this Part refers to a word or phrase

that is defined in

section 1 of this Act but is not listed in Column A of

subsection (1), a reference in that definition to a word or phrase listed in

Column A of subsection (1) is to be read as a reference to the word or phrase

listed opposite in Column B.

(4) Despite subsection (1), in applying the following provisions for the purposes of

this Part, the references to a board are to be read as references to the board of

directors of a francophone education authority:

(

a) the references to a board in sections 15 (6) and (7), 54, 58 (1) and (3), 68 (4),

69 (1) to (3), 70, 72 (1) and (4), 143 (2) (c), 144 (1) (

a) and 177 (2) and (4);

(

b) the first reference to a board in each of sections 69 (4), 72 (3), 157 (4) and

161 (1) (

d) and (2);

(

c) the second reference to a board in sections 61 (1) and (2) and 72 (2).

(5) If, in a provision of this Act that applies for the purposes of this Part, a reference

is made to another provision of this Act, that reference is, for the purposes of this

Part, deemed to be a reference to that other provision as it is to be read under this

section.

(6) Section 42 applies for determining residency for the purposes of this Part.

Division 2 – Establishment and Membership

Establishment of francophone education authorities

166.12

(1) The Lieutenant Governor in Council may, by regulation,

(

a) establish a francophone education authority,

(

b) assign a name to a francophone education authority, and

(

c) prescribe an area, to be known as a francophone school district, over which

a francophone education authority has jurisdiction.

(2) A francophone education authority established under subsection (1) is a

corporation consisting of those persons admitted as members under

section 166.13.

(3) For the purposes of carrying out its powers, functions and duties under this Act

and the regulations, a francophone education authority has the power and

capacity of a natural person of full capacity.

(4) The francophone education authority known as the Autorite Scolaire established

under B.C. Reg. 457/95, the Francophone Education Regulation, is continued as

a francophone education authority under the name "Conseil Scolaire

Francophone de la Colombie-Britannique".

(5) The authority continued under subsection (4) is a corporation consisting of its

members in good standing on the day this

section comes into force and those

other members admitted in accordance with this Part.

(6) The delegate members and directors of the francophone education authority

continued under subsection (4) who are in office on the day this

section comes

into force continue in office until the end of the day preceding the annual delegate

member meeting for the authority in 1999, and those directors constitute the

board of directors of that authority.

(7) The Lieutenant Governor in Council may, by regulation,

(

a) alter the boundaries of the area prescribed under subsection (1) (c),

(

b) change the name of a francophone education authority, or

(

c) abolish a francophone education authority.

(8) A variation in the membership of a francophone education authority that occurs

as a result of an alteration under subsection (7) (

a) does not abolish the

francophone education authority.

(9) The assets of a francophone education authority, including funds, must be

disposed of as directed by the Lieutenant Governor in Council, having regard to

the rights of creditors, if, under subsection (7)

(

a) the area over which the francophone education authority has jurisdiction is

reduced,

(

b) all or part of the area over which the francophone education authority has

jurisdiction is included in the area over which another francophone

education authority has jurisdiction, or

(

c) the francophone education authority is abolished.

(10) Without limiting subsection (9), the Lieutenant Governor in Council may make

provision for

(

a) the use and administration of property used and administered by the

francophone education authority but not vested in the authority,

(

b) the transfer and payment of the liabilities of the francophone education

authority and for raising funds necessary for payment of those liabilities, or

(

c) the use and expenditure of the proceeds of the sale of any asset of the

francophone education authority.

(11) Section 31 (4) applies for the purposes of this Part.

Membership in a francophone education authority

166.13

(1) Any eligible person, and any immigrant parent, who is resident in an area

prescribed by regulation of the Lieutenant Governor in Council may apply to

become a member of a francophone education authority by providing to the

authority an affirmation in the prescribed form.

(2) A francophone education authority

(

a) must admit as a member an eligible person who applies under

subsection (1), and

(

b) may admit as a member an immigrant parent who applies under

subsection (1).

(3) A francophone education authority must not charge its members any membership

dues or other fees or assessments related to acquiring or maintaining membership

in the authority.

(4) A person is not disqualified from being a member of a francophone education

authority merely because the person

(

a) voted in a trustee election, or

(

b) was nominated for, was elected or appointed to or holds office as a trustee.

(5) A person ceases to be a member of a francophone education authority if the

person

(

a) is no longer an eligible person or an immigrant parent,

(

b) is no longer resident in the area prescribed under subsection (1), or

(

c) delivers his or her resignation in writing to the chief executive officer of the

authority or mails or delivers it to the address of the authority.

Members' right to vote

166.14

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

authority are entitled to vote in an election of

(

a) the delegate members of the authority, and

(

b) the directors of the authority, other than the first directors appointed under

section 166.17 (1).

(2) In order to vote in an election referred to in subsection (1), a person must meet all

of the following requirements at the time of voting:

(

a) the person must be age 18 or older;

(

b) the person must be a Canadian citizen;

(

c) the person must have been a member of the francophone education

authority for which the election is held for at least 120 days;

(

d) the person must not be disqualified by this Act or another enactment from

voting in the election or be otherwise disqualified by law.

(3) The following persons are disqualified from voting in an election referred to in

subsection (1):

(

a) a person who has not completed the sentence for an indictable offence,

unless the person is released on probation or parole and is not in custody;

(

b) a person who is involuntarily confined to a psychiatric or other institution

as a result of being acquitted of or found not criminally responsible for an

offence under the Criminal Code on account of mental disorder;

(

c) a person who is prohibited from voting under Division 17 of

Part 3 of the

Municipal Act as it applies to elections or voting on any matter under that

Act, this Act or any other Act;

(

d) a person who, in relation to that election, has contravened

section 151 (3) of

the Municipal Act , as that

section applies to an election referred to in

subsection (1).

(4) In addition to the persons referred to in subsection (3), a person who fails to

comply with subsection (5) is also disqualified from voting in an election referred

to in subsection (1).

(5) A person who wishes to vote in an election referred to in subsection (1) must

(

a) make a declaration in the prescribed form that the person has not and will

not vote in an election of school trustees to which the declaration applies,

and

(

b) file the declaration referred to in paragraph (

a) with the francophone

education authority.

(6) Subsection (5) applies only to an election referred to in subsection (1) that occurs

in 1999 or later.

(7) A person must not vote in an election referred to in subsection (1) unless entitled

to do so.

(8) For the purpose of elections referred to in subsection (1), the Lieutenant Governor

in Council may, by regulation,

(

a) establish wards for the area prescribed under

section 166.13 (1), and

(

b) alter the boundaries of the wards established under paragraph (a).

Delegate members

166.15

(1) The delegate members of a francophone education authority must be elected from

the members of the authority in accordance with the regulations.

(2) The delegate members of a francophone education authority may provide advice

and recommendations to the board of directors of the authority on matters

respecting the provision and administration of francophone educational programs

by the authority.

(3) A person who holds office as a trustee is disqualified from being nominated for,

being elected to or holding office as a delegate member of a francophone

education authority.

(4) The term of office of a delegate member elected under subsection (1)

(

a) commences at the beginning of the day of the annual delegate member

meeting in respect of which the delegate member is elected, and

(

b) expires at the end of the day preceding the third annual delegate member

meeting to follow the annual delegate member meeting in respect of which

the delegate member is elected.

(5) If an election of delegate members is not held as required by or under this Part,

or if the members of a francophone education authority fail to elect the number

of delegate members that are to be elected, the minister may appoint persons as

delegate members to fill the unfilled delegate member positions until the next

election of delegate members under this section.

(6) If a delegate member of a francophone education authority is absent from

(a) 3 consecutive delegate member meetings, or

(b) 3 consecutive meetings of a committee established by the board of directors

on which that delegate member sits,

the office of the delegate member, unless the absence is because of illness or is

with the permission of the board of directors, is deemed to be vacant and the

person who held the office is disqualified from holding office as a delegate

member until the next election of delegate members of the francophone education

authority.

(7) If a delegate member ceases to hold office for any reason before the expiry of the

delegate member's term of office, the board of directors of the francophone

education authority may appoint a person to fill the vacancy in that office.

(8) A person appointed under subsection (7) holds office for the remainder of the

term of the delegate member who vacated the office.

Delegate member meetings

166.16

(1) An annual meeting of the delegate members of a francophone education authority

must be held on the second Saturday of November in each year or, if another date

is set by order of the Lieutenant Governor in Council, on that date.

(2) The chief executive officer, at least 120 days before the date of each annual

delegate member meeting, must provide notice of the upcoming meeting to all

members of the authority.

(3) The board of directors may convene additional delegate member meetings.

(4) Only the directors and the delegate members of the authority are entitled to attend

delegate member meetings.

(5) A director or delegate member of the authority may participate in a delegate

member meeting by telephone or other means of communication if all the participants at the meeting are able to communicate with each other.

(6) The board of directors may determine the procedures to be followed at a delegate

member meeting.

Division 3 – Directors

Appointment of first directors

166.17

(1) The Lieutenant Governor in Council may appoint as the first directors of a

francophone education authority those eligible persons who the Lieutenant

Governor in Council considers represent the interests of the eligible persons

resident in the area prescribed under

section 166.13 (1).

(2) The directors appointed under subsection (1) hold office for a term set by the

Lieutenant Governor in Council.

Election of directors

166.18

(1) The directors of a francophone education authority, other than the first directors

appointed under this Part, must be elected from the members of the authority in

accordance with the regulations.

(2) The number of directors to be elected under subsection (1) is 3, 5, 7 or 9 directors,

as prescribed by the Lieutenant Governor in Council.

(3) Subject to

section 166.19 (2), the term of office of a director elected under

subsection (1)

(

a) commences at the beginning of the day of the annual delegate member

meeting in respect of which the director is elected, and

(

b) expires at the end of the day preceding the third annual delegate member

meeting to follow the annual delegate member meeting in respect of which

the director is elected.

(4) A candidate for election as a director who is not elected and who alleges that he

or she should have been elected may, not more than 10 days after receiving notice

of the outcome of the election, apply to the Supreme Court for an order declaring

the applicant to be elected in place of the candidate declared to be elected under

the regulations.

(5) A person who holds office as a trustee is disqualified from being nominated for,

being elected to or holding office as a director of a francophone education

authority.

(6) If a director of a francophone education authority is continuously absent from

board meetings for a period of 3 consecutive months, unless the absence is

because of illness or is with the permission of the board of directors, the office of

the director is deemed to be vacant and the person who held the office is disqualified from holding office as a director until the next election of directors of the

francophone education authority.

(7) If an election of directors is not held as required by or under this Part, or if the

members of the authority fail to elect the number of directors that are to be

elected, the minister may appoint persons as directors to fill the unfilled director

positions until the next election of directors under this section.

Oath of office

166.19

(1) A person appointed or elected as a director of a francophone education authority

must make a prescribed oath of office, by oath or solemn affirmation, within the

following applicable time limit:

(

a) in the case of a person appointed as a director under

section 166.17 (1),

166.18 (7) or 166.2 (3), within 45 days after the effective date of the

appointment;

(

b) in the case of a person elected by voting in accordance with the regulations,

within 45 days after the declaration of the results of the election;

(

c) in the case of a person elected by acclamation in accordance with the regulations, within 50 days after the declaration of the results of the election.

(2) Section 50 (2), (3) and (4) applies for the purposes of this Part.

(3) If a person appointed or elected as a director of a francophone education authority

does not make the oath required by subsection (1) within the time limit set by that

subsection, the office to which that person was appointed or elected is deemed to

be vacant and the person is disqualified from holding office as a director until the

next election of the directors of the francophone education authority.

Vacancy in office of director

166.2

(1) If

(

a) a director ceases to hold office before the end of the director's term of office,

(

b) the office of a director is declared vacant on the final determination of an

application under

section 63 (1), as that

section applies for the purposes of

this Part,

a by-election must be held in accordance with the regulations to fill the vacancy

in that office.

(2) If a vacancy occurs after January 1 in the final year of a director's term of office,

the francophone education authority may hold that vacancy open until the next

election for the ward of the vacating director as long as at least 3 directors

continue to hold office.

(3) If fewer than 3 directors continue to hold office, the francophone education

authority must hold an election of directors in accordance with the regulations or

notify the minister, who must appoint persons as directors to fill the vacancies.

(4) A person elected or appointed under this

section holds office for the remainder of

the term of the director who vacated the office.

(5) No act or proceeding of the board of directors is invalid merely because there are

in office fewer than the number of directors required under this Part.

(6) Sections 51, 53 and 54 apply for the purposes of this Part.

(7) In applying sections 53 and 54 for the purposes of this Part, a reference in those

provisions to

(a)

section 163 (2) is deemed to be a reference to

section 166.37,

(

b) an elector of a school district is deemed to be a reference to a member of a

francophone education authority,

(

c) Part 5 is deemed to be a reference to

section 166.23,

(

d) a general school election is deemed to be a reference to an election of

directors under this Part, and

(e)

section 36 (5) is deemed to be a reference to subsection (3) of this section.

Powers, functions and duties of board of directors

166.21

(1) The directors that are elected or appointed under this

Part constitute the board of

directors of the francophone education authority.

(2) The board of directors of a francophone education authority may exercise all the

powers, functions and duties of the francophone education authority.

(3) Unless expressly required to be exercised by bylaw, all powers of the board of

directors may be exercised by bylaw or resolution.

(4) The board of directors may exercise a power with respect to the acquisition or

disposal of property owned or administered by the francophone education

authority only by bylaw.

(5) The board of directors may

(

a) establish committees and specify the functions and duties of those

committees, and

(

b) delegate specific and general administrative and management duties to one

or more employees of the francophone education authority.

(6) Committees of directors or individual directors may not exercise the rights, duties

and powers of the board of directors.

Meetings of the board of directors

166.22

(1) After an election of directors under

section 166.18, the chief executive officer for

the francophone education authority must convene a first meeting of the board of

directors as soon as possible and in any event within 30 days from the date that

the new board of directors begins its term of office.

(2) The board of directors of a francophone education authority must meet as often

as is necessary to transact its business and in any event not less than once in every

3 months.

(3) At the first meeting of the board of directors, the directors must elect from among

themselves a president and vice president.

(4) A majority of the directors may elect a new president or vice president at any

time.

(5) A quorum of the board of directors is a majority of the directors holding office at

the time of the meeting of the board of directors.

(6) A director may participate in a meeting of the board of directors by telephone or

other means of communication if all the participants at the meeting are able to

communicate with each other.

(7) The board of directors must establish procedures governing the conduct of its

meetings and must permit any person to inspect those procedures.

(8) Sections 68 to 72 apply for the purposes of this Part.

Conflict of interest

166.23

(1) Sections 55 to 62, 63 (1) and (2) and 64 apply for the purposes of this Part.

(2) An office declared vacant under

section 63 (1), as that

section applies under

subsection (1) of this section, must remain vacant if the decision is appealed, and

no election to fill the office may be held until the final determination of the matter

or until the next election of directors under this Part, whichever is earlier.

Division 4 – Francophone Educational Programs

Enrollment in a francophone educational program

166.24

(1) An eligible child of school age who is resident in a francophone school district,

on application to the francophone education authority for that district, is entitled

to enroll in a francophone educational program provided by the authority.

(2) Subject to subsection (3), a francophone education authority may, on receiving an

application, enroll the following persons in a francophone educational program

provided by the authority:

(

a) an eligible child of school age who is not resident in the francophone school

district but who is resident in British Columbia;

(

b) an immigrant child of school age, whether or not the child is resident in the

francophone school district but who is resident in British Columbia.

(3) If an application is made under subsection (2) in respect of a child who is not

resident in the francophone school district, the francophone education authority

may only enroll the child under that subsection if the authority first obtains the

consent to do so from

(

a) the parent of the child, and

(

b) the francophone education authority for the area in which the child resides

or, if there is no francophone education authority for that area, the board of

the school district in which the child resides.

(4) An application to enroll a child under subsection (1) or (2) must include a signed

affirmation, in the prescribed form, of one of the parents of the child unless at

least one of the parents of the child is a member in good standing of the

francophone education authority at the time that the application to enroll is made.

(5) If a francophone education authority enters into an agreement with a school board

by which the school board agrees to provide all or any part of a francophone

educational program to a francophone student, that francophone student is, for all

purposes of this Act other than

Part 8 of this Act and Division 7 of this Part,

deemed to be enrolled with the school board with respect to that portion of the

francophone educational program provided by the school board.

(6) If a school board enters into an agreement with a francophone education authority

by which the authority agrees to provide all or any part of a francophone

educational program to an eligible child or immigrant child who is resident

outside the francophone school district for that authority and who is enrolled with

the school board, that child is, for all purposes of this Act other than

Part 8 of this

Act and Division 7 of this Part, deemed to be enrolled with the francophone

education authority with respect to that portion of the francophone educational

program provided by the authority.

Provision of francophone educational programs

166.25

(1) Subject to the other provisions of this Act and the regulations and to any orders

of the minister under this Act, a francophone education authority must make a

francophone educational program available to all persons who enroll with the

authority under

section 166.24.

(2) The francophone educational program to be provided under subsection (1) may

be provided in the francophone school district or elsewhere.

(3) A francophone education authority may provide the francophone educational

program referred to in subsection (1) in one or more of the following ways:

(

a) all or any part of the francophone educational program is provided directly

by the francophone education authority;

(

b) with the agreement of another francophone education authority, all or any

part of the francophone educational program is provided by that other

francophone education authority;

(

c) with the agreement of a board of a school district, all or any part of the

francophone educational program is provided by that board.

(4) A francophone education authority may assign and reassign to specific

francophone schools or to specific francophone educational programs the

children enrolled in a francophone educational program provided by it.

(5) A francophone education authority may recognize, as part of a francophone

educational program provided by it, an educational activity that is not provided

by the francophone education authority.

(6) Subject to the regulations, a francophone education authority is responsible for

evaluating all of the francophone educational programs and services that it

provides, including services provided on its behalf.

(7) A francophone education authority may permit a person who is older than school

age but who is the child of an eligible parent or immigrant parent to attend a

francophone educational program provided by the authority in accordance with

(8) The only educational programs that a francophone education authority may

provide are francophone educational programs.

(9) A francophone education authority must not provide a francophone educational

program to any person other than

(

a) a person who is enrolled with the francophone education authority under

section 166.24, or

(

b) a person permitted to attend the program under subsection (7).

(10) A school board must not provide a francophone educational program to a student

resident in a francophone school district other than a student who is deemed to be

enrolled with the school board under

section 166.24 (5).

Rights and duties of enrolled children and their parents

166.26 Sections 4, 6 to 9 and 11 apply for the purposes of this Part.

Division 5 – Personnel

Chief executive officer

166.27

(1) A francophone education authority must appoint an individual as the chief

executive officer of the authority.

(2) The chief executive officer of a francophone education authority, under the

general direction of the board of directors of the authority,

(

a) has general supervision and direction over the educational staff employed

by the authority,

(

b) is responsible for

(

i) the general organization, administration, supervision and evaluation

of all francophone educational programs provided by the authority,

and

(ii) the operation of francophone schools in the francophone school

district, and

(

c) must perform other duties set out in the regulations.

(3) The chief executive officer of a francophone education authority is also its

corporate financial officer and the francophone education authority must arrange

for the bonding of the chief executive officer in an amount the authority considers

adequate.

(4) A francophone education authority may appoint one or more assistants to the

chief executive officer to perform those duties assigned by the chief executive

officer.

(5) A francophone education authority must promptly notify the minister of the

appointment or termination of appointment of the chief executive officer of the

authority.

Francophone school personnel

166.28

(1) Sections 15 to 21 and 25 to 29 apply for the purposes of this Part.

(2) A francophone education authority must, for the first school year in which it

intends to employ persons as francophone teachers to provide a francophone

the board of directors considers appropriate, to fill any available teaching

positions with individuals who

(

a) are teachers employed by a school board,

(

b) are or were, in the immediately preceding school year, employed by a

school board to teach a francophone educational program in the

francophone school district over which the authority is responsible, and

(

c) are, in the opinion of the board of directors, qualified and suitable for the

available positions.

Division 6 – School Property

Acquisition and disposal of land and improvements

166.29 (1)

Section 96 (1), (2) (

a) and (

b) and (3) and sections 97 to 100 apply for the

purposes of this Part.

(2) A francophone education authority and a board may, with the prior approval of

the minister, enter into an agreement for the transfer of assets that are used by one

of the parties but that are vested in the other party.

(3) A francophone education authority and the board of a school district located in

the francophone school district may, with the prior approval of the minister, enter

into an agreement for the purposes of

(

a) the construction, maintenance, operation and use of facilities to be used

jointly by the authority and the board, or

(

b) contributing to the cost of the construction, maintenance or operation of the

facilities referred to in paragraph (a).

Housing accommodation

166.3 Sections 102 to 105 apply for the purposes of this Part.

Division 7 – Finance

Establishment of budgets for francophone education authorities

166.31 Sections 110, 111 (1), (2) and (4) and 113 (1) and (3) (

a) apply for the purposes of this

Part.

Grants

166.32 Sections 114, 115 and 117 apply for the purposes of this Part.

Taxation of francophone school property

166.33

(1) Section 129, other than subsection (2) (e.1), applies for the purposes of this Part.

(2) In addition to the exemptions granted under

section 129 (2), as that

section

applies under subsection (1) of this section, property that is leased by a

francophone education authority to a board and used in whole or in part for a

school, including any purpose ancillary to the operation of the school, is exempt

from taxation under

section 129.

Short term borrowing and first charges

166.34 Sections 139 and 140 apply for the purposes of this Part.

Capital plans and money bylaws

166.35 Sections 141 to 146, other than

section 142 (2), apply for the purposes of this Part.

Debentures

166.36

(1) Sections 147 to 153, other than

section 151, apply for the purposes of this Part.

(2) When debentures have been issued by a francophone education authority under a

bylaw that has not been quashed by a court and the interest on them that has fallen

due has been paid for the period of one year by the authority, the bylaw and the

debentures issued under it, or so much of them as may be unpaid, are valid and

binding on the authority and on all parties concerned.

Accounts and audits

166.37

(1) Sections 155 to 165, other than sections 156 (13) and 161 (1) (d) (ii), apply for

the purposes of this Part.

(2) Each francophone education authority must maintain budgetary control over

expenditures, and the records of each authority must be in accordance with the

requirements specified by the minister and must conform with accounting

principles generally accepted for school boards in British Columbia.

(3) The auditor must state in the report required to be submitted under

section

161 (1) (d), as that

section applies under subsection (1) of this section, whether

in the auditor's opinion the financial statements referred to in that

section present

fairly the financial position of the francophone education authority as of the end

of the fiscal year and the results of its operations for that year in accordance with

accounting principles generally accepted for school boards in British Columbia

applied on a basis consistent with that of the preceding fiscal year.

Member may object

166.38

(1) A member of a francophone education authority may deliver to the auditor a

written objection respecting any item of account or other matter relating to an

audit so long as the objection is delivered within 3 months after the publication

of the auditor's final report.

(2) On receipt of an objection under subsection (1), the auditor must notify the

member and the francophone education authority of a time and place for dealing

with the objection.

Right of action preserved

166.39 This Act must not be construed to prevent a member of a francophone education

authority, or a group of members of that authority, from exercising any right to take

action for recovery on behalf of the authority.

Division 8 – General

Additional powers and duties of a francophone education authority

166.4

(1) Sections 73, 74, 76 to 85, other than sections 79.1 and 85 (1), and

section 87 apply

for the purposes of this Part.

(2) Section 86, other than subsection (1.1), applies for the purposes of this Part.

(3) A francophone education authority may, subject to this Act, the regulations and

the orders of the minister, enter into an agreement with a board to provide all or

part of a francophone educational program and health and support services,

including busing and educational resources, to one or more students enrolled with

the board.

Health and other support services

166.41 Sections 88 (1) and 90 to 92, other than 92 (5) and (6), apply for the purposes of this

Part.

Limitation of actions against francophone education authority

166.42

(1) A reference to a director, officer or employee in

section 166.43, or in

section 94,

as that

section applies under subsection (2) of this section, includes a former

director, officer or employee.

(2) Section 94 applies for the purposes of this Part.

Indemnification against proceedings

166.43

(1) The board of directors of a francophone education authority may, by bylaw,

provide that the francophone education authority

(

a) will indemnify a director, officer or employee of the francophone education

authority

(

i) against a claim for damages against that director, officer or employee

arising out of the performance of his or her duties, or

(ii) if an inquiry under

Part 2 of the Inquiry Act or other proceeding

involves the administration and conduct of the business of the

francophone education authority, and

(

b) may pay legal costs incurred in proceedings arising out of the claim or

inquiry or other proceeding.

(2) The board of directors of a francophone education authority may, by an

affirmative vote of not less than 2/3 of all of the directors of the authority, cause

the francophone education authority to pay

(

a) any sum required to indemnify a director, officer or employee of the

francophone education authority if a prosecution arises out of the

performance of his or her duties, and

(

b) costs necessarily incurred.

(3) Despite subsection (2), a francophone education authority must not pay a fine

imposed on a director, officer or employee as a result of his or her conviction.

(4) A francophone education authority must not seek indemnity against a director,

officer or employee of the francophone education authority in respect of any

action of the director, officer or employee that results in a claim for damages

against the francophone education authority, but the francophone education

authority may seek indemnity

(

a) against a director, officer or employee if the claim for damages arises out of

the gross negligence of the director, officer or employee, or

(

b) against an officer or employee if, in relation to the action that gave rise to

the claim for damages, the officer or employee willfully acted contrary to

(

i) the terms of his or her employment, or

(ii) an order of a superior.

Appointment of official trustee

166.44

(1) The Lieutenant Governor in Council may appoint an official trustee to conduct

the affairs of a francophone education authority if the Lieutenant Governor in

Council is of the opinion that

(

a) there has been a default in a payment on the due date of either interest or

principal of a debenture guaranteed under this Part or a failure to comply to

the satisfaction of the minister with a condition governing the guarantee,

(

b) the authority is in serious financial jeopardy,

(

c) there is substantial non-compliance with this Act or the regulations or any

rules or orders made under this Act, or

(

d) there is substantial non-performance of the duties of the authority.

(2) On the appointment of an official trustee to conduct the affairs of a francophone

education authority, the directors of the authority cease to hold office.

(3) The Lieutenant Governor in Council may remove an official trustee and

(

a) order that elections of directors be held for the authority in accordance with

the regulations made under

section 166.18, or

(

b) appoint directors to hold office for the term set by the Lieutenant Governor

in Council.

Powers of official trustee

166.45

(1) An official trustee appointed under

section 166.44

(

a) has the powers and duties conferred by this Act on a francophone education

authority, and

(

b) must be remunerated out of the funds of the francophone education

authority in respect of which the official trustee is appointed or otherwise as

the Lieutenant Governor in Council determines.

(2) In the exercise of a power or performance of a duty conferred under this Act on

a francophone education authority, an official trustee, with the approval of the

minister, may deviate in matters of procedure and in the form of any notice or

statement under this Act as the official trustee considers necessary for the more

effective exercise of that power or duty.

(3) The Lieutenant Governor in Council may make regulations to adapt this Act to

the conduct of the affairs of francophone education authorities to which official

trustees are appointed.

Maintenance of order

166.46 (1)

Section 177 (1), (2) and (4) applies for the purposes of this Part.

(2) A person who contravenes

section 177 (1) or (2), as that

section applies under

subsection (1), commits an offence.

Section 168 (2) is amended

(

a) in paragraph (

c) by adding "and francophone schools" after "schools" ,

(

b) in paragraph (

d) by striking out "a board to cause schools" and substituting "a board

or a francophone education authority to cause its schools" ,

(

c) by adding the following paragraph:

(g.1) requiring a francophone education authority to close a francophone school

if the number of francophone students falls below 8, ,

(

d) in paragraph (

j) by adding "or a francophone education authority" after "board" ,

(

e) by repealing paragraphs (

k) and (

l) and substituting the following:

(

k) respecting the use of student records by boards and francophone education

authorities and the circumstances in which persons other than students and

francophone students and their parents, and employees of boards and

francophone education authorities, must have access to those records,

(

l) establishing policies and procedures that are to be followed by boards and

francophone education authorities in a tendering process related to a capital

expenditure by the board or francophone education authority, ,

(

f) in paragraph (

n) by adding "or, in the case of francophone education authorities, under

section 166.37" after "section 158 (1)" , and

(

g) in paragraph (

o) by adding "or, in the case of francophone education authorities, under

section 166.37" after "section 156 (1) and (13)" .

Section 168 (3) is repealed and the following substituted:

(3) The minister, or with the approval of the minister, a board or a francophone

education authority, may enter into an agreement with a school authority outside

British Columbia for the education of children for whose education that school

authority is responsible.

Section 170 is amended

(

a) in subsections (1) and (2) by adding "or francophone student" after "identifies a

student" wherever it appears, and

(

b) by repealing subsection (2) (

c) and substituting the following:

(

c) the student or francophone student or, if that student is of school age, a

parent of that student consents in writing to the disclosure.

Section 175 is amended

(

a) in subsection (5) (

a) by adding "either for a board or a francophone education

authority," after "operating expense," , and

(

b) by adding the following subsections:

(6) Without limiting subsections (1) to (5), the Lieutenant Governor in Council may

make regulations for the purposes of

Part 8.1, including regulations

(

a) prescribing a form of affirmation for the purposes of sections 166.13 (1) and

166.24 (4),

(

b) prescribing a form of declaration for the purposes of

section 166.14 (5) (a),

(

c) respecting the election of delegate members of francophone education

authorities for the purposes of

section 166.15,

(

d) respecting the election of directors of francophone education authorities for

the purposes of

section 166.18,

(

e) prescribing the number of directors for a francophone education authority

for the purposes of

section 166.18 (2),

(

f) prescribing the form of an oath of office for the purposes of

section 166.19,

(

g) respecting the procedures for by-elections of directors to be held under

section 166.2,

(

h) prescribing additional duties of the chief executive officer of a francophone

education authority for the purposes of

section 166.27 (2) (c),

(

i) respecting any matter or thing in respect of which the Lieutenant Governor

in Council may make regulations under subsections (2), (3) and (4), and

(

j) respecting any matter or thing that the Lieutenant Governor in Council

considers necessary or advisable to facilitate the establishment and

operation of francophone education authorities.

(7) Without limiting subsections (1) to (6), the Lieutenant Governor in Council may,

by regulation, specify that one or more of the following instruments applies for

the purposes of

Part 8.1:

(

a) an order of the minister made under this Act;

(

b) an order of the Lieutenant Governor in Council made under this Act;

(

c) a regulation of the Lieutenant Governor in Council made under this Act.

(8) An instrument may only be specified under subsection (7) if the instrument is in

force on the day this

section comes into force.

(9) A regulation made under subsection (6) (

c) or (

d) may

(

a) adopt by reference any of the provisions of this Act or the Municipal Act

respecting the election of school trustees with any modifications necessary

to adapt those provisions to the purposes of

Part 8.1, and

(

b) provide that a person who is guilty of an offence for a contravention of a

provision referred to in paragraph (

a) is liable to the same penalties that

apply to such an offence under the enactments referred to in that paragraph.

(10) If a regulation made under subsection (6) (e)

(

a) increases the number of directors of a francophone education authority, the

regulation may determine the manner in which and the times at which the

new directors under the regulation are to be appointed or elected, or

(

b) reduces the number of directors of a francophone education authority, the

regulation becomes effective for the following general election of directors

of the authority.

Transitional – regulation and actions confirmed and validated

(1) The Francophone Education Regulation, B.C. Reg. 457/95, is confirmed and

validated effective November 2, 1995.

(2) All agreements and other instruments entered into by the Autorite Scolaire,

established by the regulation referred to in subsection (1), and another party

between November 2, 1995 and the day this

section comes into force are

confirmed and validated effective the date on which they were entered into but

only to the extent that those agreements and other instruments would have been

validly entered into had this Act been in force on the day they were entered into.

(3) All resolutions and bylaws of the Autorite Scolaire adopted between

November 2, 1995 and the day this

section comes into force are confirmed and

validated effective the date on which they were adopted, but only to the extent

that those resolutions and bylaws would have been validly made had this Act been

in force on the day they were adopted.

(4) Everything done pursuant to

(

a) an agreement or instrument referred to in subsection (2), or

(

b) a resolution or bylaw referred to in subsection

(3) is confirmed and validated effective on the day it was done but only to the extent

that it would have been validly done had this Act been in force on the day it was

done.

(5) This

section is retroactive to the extent necessary to give full effect to its

provisions and must not be construed as lacking retroactive effect in relation to

any matter by reason that it makes no specific reference to that matter.

Consequential Amendments

Community Care Facility Act

Section 1 of the Community Care Facility Act, R.S.B.C. 1996,

c. 60, is amended in the definition of "community care facility" by

adding the following paragraph:

(d.1) a francophone school as defined in the School

Act ; .

Constitution Act

Section 16 (

c) of the Constitution Act, R.S.B.C. 1996, c. 66,

is amended by striking out "school district" and substituting

"school board, francophone education authority as defined in the School Act " .

Criminal Records Review Act

Section 1 of the Criminal Records Review Act, R.S. B.C.

1996, c. 86, is amended in the definition of "employer" by adding the

following paragraph:

(c.1) a francophone education authority as defined in

the School Act , .

Document Disposal Act

Section 4 of the Document Disposal Act, R.S.B.C. 1996, c. 99,

is amended by striking out "or school district" and substituting

", school board or francophone education authority as defined in the School

Act " .

Election Act

Section 81 (3) of the Election Act, R.S.B.C. 1996, c. 106,

is repealed and the following substituted:

(3) If requested by a district electoral officer,

(

a) accommodation in a school that is the property of a board of school trustees

under the School Act must be made available by the board for use as a voting

place, and

(

b) accommodation in a facility that is owned by a francophone education

authority as defined in the School Act or leased by a francophone education

authority from a board of school trustees must be made available by the

francophone education authority for use as a voting place.

Employment Standards Act

Section 1 (1) of the Employment Standards Act, R.S.B.C. 1996,

c. 113, is amended in the definition of "school student" by striking

out "school as defined in the School Act " and substituting

"school or francophone school as defined in the School Act " .

Section 65 (3) is amended by striking out "or" at the end of paragraph (

a) and by adding

the following paragraph:

(a.1) a teacher who is employed with or who has a service contract with a

francophone education authority as defined in the School Act, or .

Evidence Act

Section 35 (4) of the Evidence Act, R.S.B.C. 1996, c. 124,

is amended by repealing paragraph (

f) and substituting the following:

(

f) a board of school trustees constituted under the School Act ;

(f.1) a francophone education authority as defined in the School Act; .

Section 60 is amended by adding the following paragraph:

(h.1) the chief executive officer of a francophone education authority as defined

in the School Act ; .

Financial Administration Act

Section 1 of the Financial Administration Act, R.S.B.C. 1996,

c. 138, is amended by repealing paragraph (

b) of the definition of "government

body" and substituting the following:

(

b) a hospital district board, a board of school trustees or a francophone

education authority as defined in the School Act, .

Financial Disclosure Act

Section 1 of the Financial Disclosure Act, R.S.B.C. 1996, c. 139, is amended

(

a) in paragraph (

b) of the definition of "disclosure clerk" by adding ", francophone

education authority" after "school district" ,

(

b) by adding the following definition:

"francophone education authority" has the same

meaning as in the School Act ; ,

(

c) by repealing the definition of "municipal employee" and substituting the following:

"municipal employee" means a person who

(

a) is employed or appointed by the council of a municipality, by a francophone

education authority, or by the board of a school district or regional district,

and

(

b) is designated by the council, board or francophone education authority, as

the case may be, to be a municipal employee; , and

(

d) in paragraph (

b) of the definition of "municipal official"

by adding "or is a member of the board of directors of a francophone

education authority," after " School Act ," .

Section 4 is repealed and the following substituted:

Contents and filing of written disclosures: municipal

4 A written disclosure by a municipal official or municipal employee must

(

a) be filed in the prescribed form with the appropriate disclosure clerk, and

(

b) specify the matters listed in

section 3, limited for

section 3 (b), (c), (

d) and (

f) to the regional district that includes the municipality, school district

or francophone school district for which the official is elected or nominated,

or the employee is employed or appointed.

Section 6 (4) is amended by adding ", board of directors of a francophone education

authority" after "district" .

Freedom of Information and Protection of Privacy Act

Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended in the definition of "educational body" by striking out "or" at the end

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

g) and by adding the following

paragraph :

(

h) a francophone education authority as defined in the

School Act ; .

Independent School Act

Section 19 (1) of the Independent School Act, R.S.B.C. 1996, c. 216, is amended by

adding the following paragraph:

(b.1) a francophone school operated by a francophone education

authority as defined in the School Act , .

Indian Self Government Enabling Act

Section 12 of the Indian Self Government Enabling Act, R.S.B.C. 1996, c. 219, is

amended by renumbering the

section as

section 12 (1) and by adding the following

subsection:

(2) The existence or absence of a contract between a band and a francophone

education authority as defined in the School Act for the provision of school

services does not affect the entitlement or the obligation under the School Act of

a person to enroll in a francophone educational program provided by the

francophone education authority if

(

a) the person is of school age,

(

b) one or both of the person's parents have the right to have their children

receive primary and secondary instruction in French in British Columbia,

and

(

c) the person is a resident in the francophone school district over which the

francophone education authority has jurisdiction under the School Act .

Section 22 is amended by renumbering the

section as

section 22 (1) and by adding the

following subsection:

(2) The existence or absence of a contract between an Indian district and a

francophone education authority as defined in the School Act for the provision of

school services does not affect the entitlement or the obligation under the School

Act of a person to enroll in a francophone educational program provided by the

francophone education authority if

(

a) the person is of school age,

(

b) one or both of the person's parents have the right to have their children

receive primary and secondary instruction in French in British Columbia,

and

(

c) the person is a resident in the francophone school district over which the

francophone education authority has jurisdiction under the School Act .

Islands Trust Act

Section 1 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by adding the

following definition:

"francophone education authority" has the same

meaning as in the School Act ; .

Section 9 (1) (

d) is repealed and the following substituted:

(

d) a municipality, regional district, board of school trustees or francophone

education authority.

Section 24 (2) (

c) is amended by striking out "and boards of school trustees" and substituting ", boards of school trustees and francophone education authorities" .

Land Act

Section 51 (1) of the Land Act, R.S.B.C. 1996, c. 245, is amended

by adding ", francophone education authority as defined in the School

Act " after "school board" .

Libel and Slander Act

Section 4 (1) of the Libel and Slander Act, R.S.B.C. 1996,

c. 263, is amended by adding "or a francophone education authority as

defined in the School Act ," after "any Act," .

Library Act

Section 48 (1) of the Library Act, R.S.B.C. 1996, c. 264, is amended by adding the

following paragraph:

(e.1) a francophone education authority as defined in

the School Act ; .

Municipal Act

Section 1 of the Municipal Act, R.S.B.C. 1996, c. 323, is amended by adding the following

definition:

"francophone education authority" means a francophone

education authority as defined in the School Act ; .

Section 319 (2) is amended by adding ", a francophone education authority" after "a

regional district" .

Section 321 (3) is amended by adding ", a francophone education authority" after "a

regional district" .

Section 322 is amended by adding "or francophone education authority" after "trustees" .

Section 341 (2) is amended by adding the following paragraphs:

(m.1) the interest of a francophone education authority in school buildings that the

francophone education authority uses or occupies as licensee of a board of

school trustees;

(m.2) the interest in school buildings of a non-profit organization specified by the

council that the non-profit organization uses or occupies as tenant or

licensee of a francophone education authority; .

Section 611 is amended

(

a) in subsection (3) by striking out "and" at the end of paragraph (b), by adding ", and"

at the end of paragraph (

c) and by adding the following paragraph:

(

d) a francophone education authority. , and

(

b) in subsection (4) by striking out "a board of school trustees," and substituting "a board

of school trustees or a francophone education authority," .

Section 843 (4) is amended by adding the following paragraphs:

(

e) an interest held by a francophone education authority in school buildings

that the francophone education authority uses or occupies as licensee of a

board of school trustees;

(

f) an interest held by a non-profit organization in school buildings that the

organization uses or occupies as tenant or licensee of a francophone

education authority .

Municipal Finance Authority Act

Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended in

paragraph (

d) of the definition of "public institution" by adding "or a francophone

education authority" after "trustees" .

Ombudsman Act

58 The

Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by adding the

following:

21.1 Francophone education authorities as defined in the School Act and francophone

schools operated by francophone education authorities.

Open Learning Agency Act

Section 3 of the Open Learning Agency Act, R.S.B.C. 1996, c.

341, is amended by adding ", francophone education authorities as defined

in the School Act " after "trustees" .

Pension (Municipal) Act

Section 2 (1) of the Pension (Municipal) Act, R.S.B.C. 1996, c. 355, is amended by adding

the following paragraph:

(q.1) a francophone education authority, as defined in

the School Act , to which this Act is declared to be applicable by order

of the minister, on receipt of a resolution passed by an affirmative vote of

not less than 2/3 of all of the directors of the francophone education authority;

Pension (Teachers) Act

Section 1 (1) of the Pension (Teachers) Act, R.S.B.C. 1996, c. 357, is amended

(

a) in the definition of "employee" by adding "a francophone education authority," after

"school trustees," ,

(

b) in paragraph (

a) of the definition of "employer" by adding "or a francophone

education authority" after "trustees" ,

(

c) by adding the following

definitions:

"francophone administrative officer" has the meaning assigned to it by the School

Act ;

"francophone education authority" has the meaning

assigned to it by the School Act ; , and

(

d) by repealing the definition of "teacher" and substituting the following:

"teacher" has the meaning assigned to it by the School Act and includes an administrative officer, a francophone administrative officer and a francophone teacher,

as those terms are defined in the School Act ; .

Section 2 (1) is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) a board of school trustees, a francophone education

authority or an official trustee in respect of a teacher to whom this Act applies

and who is employed in the service of that board, authority or trustee; ,

(

b) in paragraphs (

b) and (

d) by adding "or a francophone education authority" after

"school trustees" , and

(

c) in paragraph (

g) by adding "or as a chief executive officer or assistant to the chief

executive officer of a francophone education authority" at the end.

Section 12 is amended

(

a) in subsection (4) by adding ", a francophone education authority" after "school

trustees" ,

(

b) in subsection (5) (

b) by adding ", a francophone education authority" after "school

trustees", and

(

c) in subsection (7) by adding ", a francophone education authority" after "school

trustees" .

Private Post-Secondary Education Act

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

in paragraph (

c) of the definition of "post-secondary education" by adding the following

subparagraph:

(i.1) a francophone education authority as defined in

the School Act , .

Property Transfer Tax Act

Section 14 (3) (

s) of the Property Transfer Tax Act, R.S.B.C.

1996, c. 378, is amended by adding "a francophone education authority

as defined in the School Act," after " School Act ," .

Psychologists Act

Section 28 (1) (

c) of the Psychologists Act, R.S.B.C. 1996,

c. 381, is amended by adding ", by a francophone education authority

as defined in the School Act " after "agency" .

Public Education Labour Relations Act

Section 1 of the Public Education Labour Relations Act, R.S.B.C. 1996, c. 382, is

amended

(

a) by adding the following definition:

"francophone teacher" has the same meaning as in

the School Act ; , and

(

b) in the definition of "school board" by adding "and

includes a francophone education authority as defined in the School Act "

after " School Act " .

Section 5 (1) is amended by adding "and all francophone teachers" after " all teachers " .

Public Sector Employers Act

Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by

repealing paragraph (

c) of the definition of "public sector employer" and substituting

the following:

(

c) a board of school trustees as defined in the School Act or a francophone

education authority as defined in that Act, .

Purchasing Commission Act

Section 1 of the Purchasing Commission Act, R.S.B.C. 1996, c. 392, is amended in the

definition of "public institution" by adding the following paragraph:

(c.1) a francophone education authority as defined in

the School Act , .

School District Capital Finance Act

Section 1 of the School District Capital Finance Act, R.S.B.C. 1996, c. 413, is amended

by adding the following definition:

"board of school trustees" includes a francophone

education authority as defined in the School Act .

Teaching Profession Act

Section 1 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended

(

a) in the definition of "board" by adding "and a francophone education authority" after

"trustees" , and

(

b) in the definition of "public school" by adding "or a francophone school" after

"school" .

Section 28 is amended

(

a) in subsection (4) (

a) by adding "or 166.28" after "section

16" , and

(

b) by adding the following subsection:

(4.2) If a grievance has been taken under the terms of a collective agreement respecting

a dismissal, suspension or other disciplinary action reported under

section 166.28

of the School Act, the council or disciplinary committee must not proceed under

subsection (4) in response to the report until the grievance procedure has been

concluded.

Section 37 (

a) is amended by adding "or 166.28" after "section 19" .

Vancouver Charter

Section 504 (1) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the

following paragraph:

(c.1) real property located within the boundaries of School

District 39 (Vancouver) that is vested in the Conseil Scolaire Francophone de

la Colombie-Britannique continued under

section 166.12 of the School Act ,

or .

Workers Compensation Act

Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended in

paragraph (

c) of the definition of "worker"

(

a) by adding "a francophone education authority as defined in the School Act, " after "a

board of school trustees," , and

(

b) by adding "francophone education authority as defined in the School Act, " after "board

of school trustees," .

Commencement

(1) Subject to subsection (2), this Act comes into force by regulation of the

Lieutenant Governor in Council.

(2) When brought into force by regulation under subsection (1),

section 26 is deemed

to have come into force on November 2, 1995 and is retroactive to the extent

necessary to give it effect on and after that date.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

SECTION 1: [School Act, amends

section 1 (1)]

amends the definition of "distance education school" to include a francophone school;

amends the definition of "educational program" to include learning activities provided by a francophone education authority;

adds a number of

definitions relating to francophone education;

amends the definition of "Provincial resource program" to include a

program operated by a francophone education authority;

amends the definition of "student record" to include francophone student

records.

SECTION 2: [School Act, amends

section 1 (2)] amends subsection (2) to add reference to

a francophone education authority.

SECTION 3: [School Act, amends

section 3 (1)]

provides that the enrollment requirements may be met, in the case of an

eligible child or immigrant child, by enrollment with a francophone

education authority;

allows a person to meet the requirement to participate in an educational

program until the age of 16 by attending a program provided by a francophone education authority.

SECTION 4: [School Act, re-enacts

section 10] extends liability for damage to property of

a board or a francophone education authority to a francophone student who

caused the damage and that student's parents.

SECTION 5: [School Act, amends

section 12] removes reference to a school board to clarify

that an educational program may also be provided by a francophone education

authority.

SECTION 6: [School Act, amends

section 13] permits home school of francophone students

and applies to francophone education authorities the same obligations

respecting home schooled children as apply to school boards.

SECTION 7: [School Act, amends

section 14]

provides that a person who believes that a child registered with a francophone education authority is not receiving an educational program may

make a report to the chief executive officer of the authority;

requires that the chief executive officer take action as required by the

minister;

provides that no action lies against a person making a report to a chief

executive officer unless the report is made maliciously;

provides that no action lies against a chief executive officer for actions taken

unless they are done maliciously.

SECTION 8: [School Act, adds

section 33 (d)] provides that a person who is a delegate

member or a director of a francophone education authority is disqualified from

being a trustee.

SECTION 9: [School Act, adds

section 39 (2.1)] provides that a person who files a declaration under

section 166.14 (5) is disqualified from voting in a trustee election.

SECTION 10: [School Act, amends

section 48 (2)] provides that a person who contravenes

section 166.14 (7) commits an offence.

SECTION 11: [School Act, repeals and replaces

section 75 (3) (c)] provides for an agreement

between a board and a francophone education authority under which the

authority provides the educational program.

SECTION 12: [School Act, enacts

section 79.1] authorizes a school board and a

francophone education authority to provide access to information in student

records to each other where they have an agreement for one of the parties to

provide the other with services, including the provision of all or part of an

educational program.

SECTION 13: [School Act, adds

section 86 (1.1)] authorizes a board to make an agreement

with a francophone education authority for the board to provide all or part of a

francophone educational program and services to francophone students

enrolled with the authority.

SECTION 14: [School Act, amends

section 89]

(

a) authorizes the Minister of Health to appoint persons other than school medical

officers to perform any duties he or she considers advisable in respect of the

health inspection of francophone schools and students;

(

b) adds subsection (3) to give a school medical officer the same rights, powers and

duties in respect of francophone schools in the school district as the medical

officer has for other schools in the district.

SECTION 15: [School Act, repeals and replaces

section 92 (5) and (6)]

subsection (5) provides that a school board or a francophone education

authority employee who fails to take a medical examination or who is

suspended because the employee's health endangers the health or welfare of

the students must not be offered or accept a position with a board or a francophone education authority;

subsection (6) provides that an employee who is granted a superannuation

allowance because of a disability must not be offered or accept a position

with a school board or a francophone education authority until he or she

submits a medical certificate that the disability no longer exists.

SECTION 16: [School Act, adds

section 107 (4)] defines "board," "educational program" and

"student" to include a francophone education authority, francophone educational program and francophone student.

SECTION 17: [School Act, adds

section 108 (9)] defines "board," "educational program" and

"student" to include a francophone education authority, francophone educational program and francophone student.

SECTION 18: [School Act, repeals and replaces

section 112 (8)] clarifies that a person who

is not entitled to vote in a trustee election because he or she filed a declaration

under

section 166.14 (5) may nevertheless vote on a referendum.

SECTION 19: [School Act, adds

section 129 (2) (e.1)] exempts school board property from

taxation if it is leased to a francophone education authority and used for a francophone school or any ancillary purpose.

SECTION 20: [School Act, repeals and replaces

section 138 (2)] authorizes the Lieutenant

Governor in Council to vary the dates or times referred to in the sections listed,

as those sections apply for the purposes of francophone education.

SECTION 21: [School Act, enacts

Part 8.1] adds a new Part to the School Act

to provide for the establishment of francophone education authorities,

to provide rules for becoming a member of a francophone education

authority,

to provide for the election of delegate members and directors of a francophone education authority,

to provide rules for the provision of francophone educational programs by

francophone education authorities,

to provide for the personnel to be hired and the property to be used in the

provision of francophone educational programs, and

to provide for the financing of francophone education authorities.

SECTION 22: [School Act, amends

section 168 (2)] provides the minister with power to

make orders in relation to francophone education authorities.

SECTION 23: [School Act, repeals and replaces

section 168 (3)] provides that a francophone

education authority may enter into agreements with school authorities outside

British Columbia.

SECTION 24: [School Act, amends

section 170] amends subsections (1) and (2) to apply

them to francophone students.

SECTION 25: [School Act, amends

section 175] authorizes the Lieutenant Governor in

Council to make regulations for the purposes of

Part 8.1.

SECTION 26: [Transitional] confirms and validates the regulation by which the Autorite

Scolaire was created, and validates certain agreements and actions of that

body.

SECTION 27: [Community Care Facility Act, amends

section 1] amends the definition of

"community care facility" to clarify that a francophone school is not a

community care facility.

SECTION 28: [Constitution Act, amends

section 16 (c)] provides members of the Executive

Council with the authority to enter into agreements with francophone

education authorities.

SECTION 29: [Criminal Records Review Act, amends

section 1] includes a francophone

education authority in the definition of "employer" for the purposes of the

Criminal Records Review Act .

SECTION 30: [Document Disposal Act, amends

section 4] permits francophone education

authorities to deposit documents in the Provincial Archives.

SECTION 31: [Election Act, repeals and replaces

section 81 (3)] requires francophone

education authorities to make space available in their schools for use as a

voting place.

SECTION 32: [Employment Standards Act, amends

section 1 (1)] amends the definition of

"school student" to include francophone students.

SECTION 33: [Employment Standards Act, amends

section 65 (3)] clarifies that

section 63,

which deals with an employer's liability, does not apply to francophone

teachers.

SECTION 34: [Evidence Act, amends

section 35 (4)] clarifies that a photograph tendered in

evidence by a francophone education authority must be admitted as evidence

in court.

SECTION 35: [Evidence Act, adds

section 60 (h.1)] applies to chief executive officers of

francophone education authorities the same status as commissioners for taking

affidavits for British Columbia as applies to secretary-treasurers of school

boards.

SECTION 36: [Financial Administration Act, repeals and replaces

section

1 (b)] includes a francophone education authority as a government body

for the purposes of the Financial Administration Act .

SECTION 37: [Financial Disclosure Act, amends

section 1] includes, for the purposes of the

Financial Disclosure Act, employees and officials of francophone education

authorities.

SECTION 38: [Financial Disclosure Act, re-enacts

section 4] clarifies that a francophone

education authority has the same right to limit disclosure as school boards

have.

SECTION 39: [Financial Disclosure Act, amends

section 6 (4)] requires a disclosure clerk

to provide a copy of a written disclosure to the francophone education

authority.

SECTION 40: [Freedom of Information and Protection of Privacy Act, amends

Schedule 1 ]

includes a francophone education authority as an educational body for the

purposes of the Freedom of Information and Protection of Privacy Act .

SECTION 41: [Independent School Act, adds

section 19 (1) (b.1)] provides that a francophone education authority may provide schooling to persons of school age.

SECTION 42: [Indian Self Government Enabling Act, adds

section 12 (2)] provides that the

rights and obligations of a person under the School Act are not affected by the

presence or absence of a contract between an Indian band and a francophone

education authority.

SECTION 43: [Indian Self Government Enabling Act, adds

section 22 (2)] provides that the

rights and obligations of a person under the School Act are not affected by the

presence or absence of a contract between an Indian district and a francophone

education authority.

SECTION 44: [Islands Trust Act, amends

section 1] defines francophone education authority

for the purposes of the Islands Trust Act.

SECTION 45: [Islands Trust Act, repeals and replaces

section 9 (1) (d)] gives a francophone

education authority the same right to enter into agreements with the trust

council as school boards have.

SECTION 46: [Islands Trust Act, amends

section 24 (2) (c)] gives a francophone education

authority the same right to enter into agreements with local trust committees as

school boards have.

SECTION 47: [Land Act, amends

section 51 (1)] provides that Crown land may be transferred to a francophone educational authority.

SECTION 48: [Libel and Slander Act, amends

section 4 (1)] provides the same privilege in

regard to the report and publication of a meeting of a francophone education

authority as applies to the report and publication of a meeting of a school board.

SECTION 49: [Library Act, adds

section 48 (1) (e.1)] gives a francophone education

authority the same right to enter into agreements with a library board as school

boards have.

SECTION 50: [Municipal Act, amends

section 1] defines francophone education authority

for the purposes of the Municipal Act.

SECTION 51: [Municipal Act, amends

section 319 (2)] allows a municipality to sell or lease

real property to a francophone education authority in the same way that such a

sale or lease may be effected to a school board.

SECTION 52: [Municipal Act, amends

section 321 (3)] allows a municipality to grant an

option to purchase real property to a francophone education authority in the

same way that such an option may be granted to a school board.

SECTION 53: [Municipal Act, amends

section 322] allows a municipality to convey land to

a francophone education authority for school purposes.

SECTION 54: [Municipal Act, adds

section 341 (2) (m.1) and (m.2)] allows a municipality

to exempt from tax

(

a) the interest of a francophone education authority in school buildings that the

francophone education authority uses or occupies as licensee of a school board,

and

(

b) the interest in school buildings of a non-profit organization specified by the

council that the non-profit organization uses or occupies as tenant or licensee

of a francophone education authority.

SECTION 55: [Municipal Act, amends

section 611]

(

a) gives a francophone education authority the same right to enter into agreements

with a municipality as school boards have;

(

b) extends subsection (4) to francophone education authorities.

SECTION 56: [Municipal Act, adds

section 843 (4) (

e) and (f)] allows a regional district to

exempt from tax

(

a) the interest in school buildings of a francophone education authority that is the

licensee of a school board, and

(

b) the interest of a non-profit organization that is the licensee or tenant of a francophone education authority in the same way that the regional district may

exempt such an interest of a non-profit organization that is the licensee or

tenant of a school board.

SECTION 57: [Municipal Finance Authority Act, amends

section 1] includes a francophone

education authority as a public institution for the purposes of the Municipal

Finance Authority Act.

SECTION 58: [Ombudsman Act, amends the Schedule] includes francophone education

authorities and schools operated by those authorities for the purposes of the

Ombudsman Act.

SECTION 59: [Open Learning Agency Act, amends

section 3] provides a francophone

education authority the same right to collaborate with the Open Learning

Agency as a school board has.

SECTION 60: [Pension (Municipal) Act, amends

section 2 (1)] applies the Pension (Municipal) Act to a francophone education authority in the same way that it applies

to a school board.

SECTION 61: [Pension (Teachers) Act, amends

section 1 (1)]

includes a francophone education authority as an employer, in the

definitions of "employee" and "employer", for the purposes of the Pension

(Teachers) Act ;

adds

definitions of "francophone administrative officer" and "francophone

education authority" to the Act;

includes as a teacher under the Act a francophone administrative officer and

a francophone teacher.

SECTION 62: [Pension (Teachers) Act, amends

section 2 (1)] applies the Pension (Teachers)

Act to a francophone education authority, to teachers employed by a francophone education authority and to those persons employed by a francophone

education authority that are designated by the Lieutenant Governor in Council.

SECTION 63: [Pension (Teachers) Act, amends

section 12] extends subsections (4), (5) (

b) and (7) to francophone education authorities.

SECTION 64: [Private Post-Secondary Education Act, amends

section 1] excludes from

post-secondary education, for the purposes of the Private Post-Secondary

Education Act, training or instruction provided by a francophone education

authority.

SECTION 65: [Property Transfer Tax Act, amends

section 14 (3) (s)] provides to a francophone education authority the same exemption from tax under the Property

Transfer Tax Act that applies to a school board.

SECTION 66: [Psychologists Act, amends

section 28 (1) (c)] allows a person who is required

to have qualifications in psychology for the person's employment to act in the

course of that employment with a francophone education authority in the same

way that the person might act in the course of employment with a school board.

SECTION 67: [Public Education Labour Relations Act, amends

section 1]

(

a) defines "francophone teacher" for the purposes of the Public Education Labour

Relations Act, and

(

b) includes a francophone education authority within the definition of "school

board" for the purposes of the Act.

SECTION 68: [Public Education Labour Relations Act, amends

section 5 (1)] includes francophone teachers within the bargaining unit created for teachers by the Public

Education Labour Relations Act.

SECTION 69: [Public Sector Employers Act, amends

section 1] includes francophone

education authorities within the same public sector employer category as

school boards.

SECTION 70: [Purchasing Commission Act, amends

section 1] includes a francophone

education authority as a public institution for the purposes of the Purchasing

Commission Act.

SECTION 71: [School District Capital Finance Act, amends

section 1] defines "board of

school trustees" to include a francophone education authority for the purposes

of the School District Capital Finance Act .

SECTION 72: [Teaching Profession Act, amends

section 1] includes a francophone

education authority as a school board and a francophone school as a public

school for the purposes of the Teaching Profession Act .

SECTION 73: [Teaching Profession Act, amends

section 28] adds references to the relevant

provision of

Part 8.1 of the School Act.

SECTION 74: [Teaching Profession Act, amends

section 37 (a)] adds a reference to the

relevant provision of

Part 8.1 of the School Act.

SECTION 75: [Vancouver Charter, adds

section 504 (1) (c.1)] exempts, from special assessment and tax, real property of a francophone education authority in the same

way that real property of a school board is exempt.

SECTION 76: [Workers Compensation Act, amends

section 1] includes as a worker for the

purposes of the Workers Compensation Act, a person serving with a francophone education authority.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada