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Part II .

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Governor in Council CSAP Act Regulations

made under

Section 66 of the

Conseil scolaire acadien provincial Act

S.N.S. 2023, c. 10

O.I.C. 2024-321 (effective August 15, 2024), N.S. Reg. 171/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Authorized person

Registration in French-first-language education program

French-first-language classes, facilities and programs

Transportation of students

Payment for student boarding

Remuneration and expenses

Composition and meetings of Conseil audit committee

Terms of reference of audit committee

Information gathering by and procedures of audit committee

Definition of “commercial activity”

Schedule “A” Declaration of an entitled parent or a parent of an authorized person wishing to

register a child in a French-first-language education program provided by the Conseil

scolaire acadien provincial

Citation

1 These regulations may be cited as the Governor in Council CSAP Act Regulations .

Definitions

2 In these regulations,

“Act” means the Conseil scolaire acadien provincial Act ;

“authorized person” means a person authorized to receive a French-first-language

education under

Section 3.

Authorized person

3 In addition to a child of an entitled parent, all of the following are authorized to receive a

French-first-language education:

(

a) a child

(

i) whose grandparent speaks French or spoke French during their

lifetime,

(ii) who speaks, reads and writes in French at their grade level, and

(iii) who has a parent who is all of the following:

(

A) a Canadian citizen,

(

B) committed to actively promoting the French language in their

child throughout their schooling;

(

b) a child who

(

i) has a parent who is not a Canadian citizen, and

(ii) meets all of the following criteria:

(

A) speaks, reads and writes in French at their grade level,

(

B) lives in a home where French is spoken;

(

c) a student who participates in an international exchange program and who

speaks, reads and writes in French at their grade level;

(

d) a child of a biological parent who is not an entitled person, but who lives

with a Canadian citizen who is an entitled person.

Registration in French-first-language education program

(1) An entitled parent or a parent of an authorized person wishing to register a child in

a French-first-language education program must file with the Conseil a declaration

in the form set out in

Schedule “A”.

(2) The Conseil may request from a child’s parent further information about any child

that a parent wishes to register in a French-first-language education program and

the Conseil must, subject to subsection (3), use that information to determine if the

child’s parent is an entitled parent or the child is an authorized person.

(3) The Minister may review any declaration filed with the Conseil under subsection

(1) and any additional information provided by the parent under subsection (2) and

make a final determination as to whether the child’s parent is an entitled parent or

the child is an authorized person, and the Minister’s determination overrides any

determination made by the Conseil under subsection (2).

(4) A child may only be registered in a French-first-language education program if a

declaration has been filed with the Conseil under subsection (1) and the child’s

parent has been found to be an entitled parent or the child has been found to be an

authorized person.

French-first-language classes, facilities and programs

(1) If the Conseil is making preliminary plans to start a new class consisting of

children of entitled parents who are not registered in a French-first-language

education program,

(

a) it may conduct a pre-registration of children of entitled parents in order to

determine the demand for French-first-language education program

instruction; and

(

b) it must consider all of the following when developing the

French-first-language education program:

(

i) the proximity of its existing classes or facilities to the children of

entitled parents who would be assembled as a new class,

(ii) the expected number of children of entitled parents who would

register in the program,

(iii) any other pertinent factors.

(2) Before establishing new French-first-language classes of children of entitled

parents who are not registered in a French-first-language education program, the

Conseil must do all of the following:

(

a) have a discussion with the education entity in the area where the class is

proposed to be established about the desire to establish a class in the area;

(

b) obtain the Minister’s approval of all of the following:

(

i) the projected number of children of entitled parents in the class;

(ii) the assembly of the children described in subclause (

i) as a class.

(3) For the purpose of determining whether a sufficient number of children of entitled

parents can be assembled to make up a class, the Minister may examine whether

the children of entitled parents are sufficiently concentrated both geographically

and by grade level, taking into account the following factors:

(

a) the proximity of existing classes and facilities to the area;

(

b) the number of children of entitled parents in the area;

(

c) the potential for future admissions;

(

d) the distances over which the children of entitled parents must be

transported;

(

e) the ages of the children of entitled parents.

(4) Course and program implementation plans adopted by the Conseil must first be

approved by the Minister.

Transportation of students

(1) Under clause 12(

n) of the Act, the Conseil must provide for the transportation of

students within its jurisdiction by either providing the service itself or arranging for

a person to provide the service if 1 of the following applies and the Conseil

determines that transportation of the students is necessary:

(a) 1 or more students reside more than 3.6 km from the school to which they

are to be transported;

(b) 1 or more students require transportation because of special needs regardless

of where they reside in relation to the school.

(2) The Conseil must, on or before April 15 of the year it first provides a

French-first-language education program, prepare a written plan for approval by

the Minister describing the means by which it proposes to meet its obligations

under the Act for the transportation of students.

Payment for student boarding

7 Under clause 12(

o) of the Act, the Conseil must pay for the boarding of a student

attending a school providing a French-first-language education program if all of the

following criteria are met:

(

a) the school is a public school;

(

b) the Conseil has approved the student’s enrollment at the school;

(

c) the Conseil considers it impracticable to convey the student to the school

that the student would normally attend or in which the student is enrolled;

(

d) the Conseil considers the boarding costs to be reasonable.

Remuneration and expenses

(1) The Conseil may pay an annual stipend to a member of the Conseil for occupying

1 of the following roles that is no greater than the corresponding rate set out in the

following table:

Role

Maximum Annual Stipend

Member

$14 400

Vice-chair

$16 400

Chair

$22 000

(2) On or before July 31 in the year of the election of members mandated under

Section 26 of the Act, the Minister must engage a person to complete an

independent review of the maximum annual stipend set out in subsection (1).

(3) Following the independent review described in subsection (2), the person who

completed the independent review must make a recommendation to the Minister

about the amount of the maximum annual stipend that takes into account all of the

following:

(

a) similar remuneration rates for similar types of board members across the

Province or country;

(

b) the workload of the members;

(

c) member accountability;

(

d) attraction and retention of members.

(4) After the completion of the independent review described in subsection (2) and

receiving the recommendation described in subsection (3), the Minister may

accept, reject or modify the maximum annual stipend set out in subsection (1) in

accordance with the recommendation made to the Minister under subsection (3).

(5) If the Minister modifies the maximum annual stipend by increasing it, the new

maximum annual stipend replaces the amounts set out in subsection (1) as of the

effective date determined by the Minister and the Conseil may adjust the annual

stipend paid on or after the effective date to an amount that is no more than the

amount of the new maximum annual stipend.

(6) The Conseil may reimburse members for expenses incurred while performing the

required duties of a member at the maximum rates set out in policy for provincial

employees.

Composition and meetings of Conseil audit committee

(1) In this

Section and Sections 10 and 11, “audit committee” means an audit

committee established under

Section 60 of the Act by the Conseil.

(2) An audit committee must be composed of at least 3 members and those members

must meet all of the following criteria:

(

a) they must not be employed by the Conseil or have been employed by the

Conseil within 1 year of their appointment to the audit committee;

(

b) they must be members of the Conseil.

(3) Despite subsection (2), an audit committee may include 1 member who is not a

member of the Conseil if the Conseil determines that it is desirable to supplement

the financial expertise of the other audit committee members with the financial

expertise of the non-member.

(4) An audit committee must meet as often as required to carry out its duties and at

least 2 times in each fiscal year of the Conseil.

Terms of reference of audit committee

10 An audit committee must assist the Conseil in monitoring and maintaining the internal

controls of the Conseil’s operations by doing all of the following:

(

a) reviewing the annual report and any other report, findings or

recommendations of the auditor or any other person conducting a review of

the financial management and internal controls of the Conseil;

(

b) reviewing the management response to the annual report and any other

report, findings or recommendations described in clause (a);

(

c) monitoring corrective and other actions taken by the Conseil in response to

the annual report and any other report, findings or recommendations

described in clause (a);

(

d) reviewing any other matters as directed by the Conseil or that the audit

committee believes require review;

(

e) making a report to the Conseil when the audit committee considers

appropriate and at least once each fiscal year that includes the findings and

recommendations of the audit committee.

Information gathering by and procedures of audit committee

(1) An audit committee must have free access at all times to the reports, records,

documents, books, accounts and vouchers of the Conseil and is entitled to receive

from officers and employees of the Conseil any information and explanations that

the audit committee considers necessary for the performance of the audit

committee’s duties, and the officials and employees of the Conseil must promptly

provide the required access, information or explanations.

(2) For the purpose of subsection (1), the Chief Financial Officer of the Conseil must

coordinate the provision of reports, records, documents, books, accounts and

vouchers to an audit committee.

(3) An audit committee may, if the audit committee considers appropriate, meet with

the auditor conducting the annual audit or any other person conducting a review of

the financial management and internal controls of the Conseil without staff of the

Conseil being present.

(4) An audit committee must, if the auditor conducting the annual audit or any other

person conducting a review of the financial management and internal controls of

the Conseil requests, meet with the auditor or other person without staff of the

Conseil being present.

Definition of “commercial activity”

12 For the purpose of

Section 45 of the Act, “commercial activity” of the Conseil includes

entering into an agreement with a person to permit the person, for a fee, to place

advertising posters in a school administered by the Conseil.

Schedule “A”

Declaration of an entitled parent or a parent of an authorized person wishing to register a

child in a French-first-language education program provided by the Conseil scolaire

acadien provincial

Child

Name: Date of Birth:

Present School: Present Grade:

Address:

Requested School: Requested Grade:

Parent(s)/Guardian(

s) Name:

Address:

Telephone: Work

Name:

Address:

Telephone: Work

Please provide the following information. This information will be used to determine whether

you are an entitled parent under the Conseil scolaire acadien provincial Act .

PLEASE MARK THE STATEMENT THAT APPLIES TO YOU:

I am a citizen of Canada YES / NO

and

(

a) my first language learned and still understood is French YES / NO

(

b) I received my primary school instruction in Canada in a

French-first-language education program YES / NO

(

c) one of my children has received or is receiving primary or

secondary school instruction in Canada in a French-first-

language education program YES / NO

Note: You only qualify as an entitled parent if you are a Canadian citizen and you answer

“yes” to at least one of a, b or c.

PLEASE PROVIDE THE FOLLOWING INFORMATION IF ONE OF THE PARENTS

MEETS CRITERIA (

b) OR (c):

Name of school attended:

Address:

Date of attendance:

____________________________________________________________________________

Please provide the following information. This information will be used to determine whether

the child is an authorized person under the Conseil scolaire acadien provincial Act .

FOR AUTHORIZED PERSON CATEGORY 1 OR 2

I am a citizen of Canada YES / NO

and, if yes,

(

a) my child has a grandparent who speaks French or spoke

French during their lifetime and YES / NO

(

b) my child speaks, reads and writes in French at their grade

level and YES / NO

(

c) I am committed to actively promoting the French language

in my child throughout their schooling YES / NO

and, if no,

(

a) my child speaks, reads and writes in French at their grade

level and YES / NO

(

b) my child lives in a home where French is spoken YES / NO

AUTHORIZED PERSON CATEGORY 3

I am a student who participates in an international exchange

program and I speak, read and write in French at my grade level YES / NO

My child is a student who participates in an international

exchange program and my child speaks, reads and writes in

French at their grade level YES / NO

AUTHORIZED PERSON CATEGORY 4

The child lives with me and I am a Canadian citizen YES / NO

and

(

a) my first language learned and still understood is French YES / NO

(

b) I received my primary school instruction in Canada in a

French-first-language education program YES / NO

Note: You only qualify as an entitled person if you are a Canadian citizen and you answer

“yes” to at least one of a or b.

PLEASE PROVIDE THE FOLLOWING INFORMATION IF YOU MEET CRITERION (b):

Name of school attended:

Address:

Date of attendance:

____________________________________________________________________________

I request that the Conseil scolaire acadien provincial provide the above-named child with

instruction in a French-first-language education program. I declare that the information I have

provided on this form is true and exact and I am prepared to provide any information the

Conseil scolaire acadien provincial requests to establish that my child is entitled to attend a

French-first-language education program provided by the Conseil scolaire acadien provincial.

Signature:

Name (in printed letters):

Date:

Legislative History

Reference Tables

Governor in Council CSAP Act Regulations

N.S. Reg.

171/2024

Conseil scolaire acadien provincial Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Governor in Council CSAP Act Regulations made

under the Conseil scolaire acadien provincial Act includes all

of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

171/2024

Aug 15, 2024

date specified

Aug 23, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.