Second

Session, 50th General Assembly

Charles III, 2023

BILL 43

AN ACT TO AMEND THE

SCHOOLS ACT, 1997 NO. 2

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE KRISTA

LYNN HOWELL

Minister of

Education

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Schools Act, 1997 to facilitate the integration

Newfoundland and Labrador.

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

NO. 2

Analysis

S.2 R&S

Interpretation

S.3 Amdt.

Right of access to education

S.4 Amdt.

Compulsory attendance

S.5 Amdt.

Excused from attendance

S.10 Amdt.

Religious instruction & observances

S.12 Amdt.

Student records

S.20 Amdt.

Parent rights & duties

S.21 Amdt.

Liability for damage

S.22 Amdt.

Appeal

S.24 Amdt.

Principal

S.25 Amdt.

School councils

S.26 Amdt.

Functions of school councils

S.27 Amdt.

School opening

S.30 Amdt.

Closing

S.31 R&S

Presence of teacher

S.32 Amdt.

Teaching days

S.33 Amdt.

Responsibilities of teachers

S.36 Amdt.

Suspension

S.37 Amdt.

Expulsion

S.39 R&S

Review of expulsion

S.41 R&S

Prohibition

S.48 Amdt.

Private school operation

S.50 Amdt.

Provincial schools

Part III.1 Added

PART

III.1

POWERS AND DUTIES OF THE DEPARTMENT

51.2 Crown successor

51.3 Duties of department

51.4 Powers of department

51.5 Additional

Resources for certain

schools

51.6 Zoning

51.7 Superintendent and

senior management

officials

51.8 Duties of superintend-

dent

51.9 Suspension

by super-

intendent

51.10 Medical certificate

51.11

Property

51.12

Shared facilities

51.13

School generated

funds

51.14 Title to school land

Part IV Rep.

SCHOOL BOARDS

Ss.95.4 & 95.5 Added

95.4 Executive committee

95.5 Dissolution of conseil

scolaire

Ss.96.1 to 96.14 Added

96.1 Closed

meeting

96.2 Minutes

96.3 Meetings

and business

96.4 Execution

of documents

96.5 Annual

budget

96.6 Accounts

and audits

96.7 Audit directed by

minister

96.8 Conflict of interest

96.9 Disclosure

96.10 Proceeding voidable

96.11 Application

Supreme Court

96.12 Conflict of interest remedy

96.13 Irregular management

of affairs

96.14 By-laws

S.97 Amdt.

Duties of conseil scolaire

S.98 Amdt.

Powers of conseil scolaire

S.110.1 R&S

Duties of director

Ss.110.2 to 110.6 Added

110.2 Suspension

director

110.3 Contracts

to be in

writing

110.4 Property

held by con-

seil scolaire

110.5 Prohibition

110.6 Acquisition

of proper-

32. S.111 R&S

Applicable sections

S.112 Amdt.

Property

S.117 Amdt.

Powers of the minister

S.118 Amdt.

Lieutenant-Governor in Council Regulations

36. S.118.1 Added

Ministerial regulations

37. S.119.1 Added

Application of Financial Administration Act

SNL2015 cA-1.2 Amdt.

39. SNL2021 cA-1.001 Amdt.

SNL2001 cC-14.1 Amdt.

41. RSNL1990 cH-3 Amdt.

42. SNL2004 cL-24.1 Amdt.

43. SNL2022 cP-3.02 Amdt.

44. RSNL1990 cP-25 Amdt.

45. SNL2014 cP-37.2 Amdt.

46. SNL2016 cP-41.001 Amdt.

47. RSNL1990 cP-43 Amdt.

RSNL1990 cT-1 Amdt.

RSNL1990 cT-2 Amdt.

RSNL1990 cT-3 Amdt.

SNL2018 cT-4.01 Amdt.

SNL2004 cT-8.1 Amdt.

53. CNLR 999/96 Amdt.

54. CNLR 1000/96 Amdt.

55. CNLR 969/96 Amdt.

56. NLR 110/98 Amdt.

57. CNLR 1002/96 Amdt.

CNLR 1133/96 Amdt.

CNLR 1134/96 Amdt.

NLR 93/13 Rep.

61. NLR 95/13 Rep.

62. NLR 96/13 Rep.

63. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1997 cS-12.2

as amended

Section 2 of the Schools Act, 1997 is repealed and the following substituted:

Interpretation

(1) In this Act

(a) "assistant director" means an assistant director appointed by the conseil scolaire under

section 110;

(b) "cohabiting partner" means a person with whom a trustee is living in a conjugal

relationship outside of marriage;

(c) "conseil scolaire" means the conseil scolaire referred to in

section 94;

(d) "department" means, unless the context

indicates otherwise, the department presided over by

the minister;

(e) "director" means a director appointed by the conseil scolaire under

section

110;

(f) "emergency supply" means a person who does not have a valid certificate or licence

issued under the Teacher Training Act and who is employed to

teach in a school;

(g) "former Act" means the Schools Act, 1996 ;

(h) "French first language school" means

a school established, maintained and operated by the

conseil scolaire and includes a school operated by a board in accordance with

section 23 of the Canadian Charter of Rights and Freedoms prior

to the coming into force of

Part V;

(i) "medical practitioner" means a medical practitioner as defined in the Medical

Act, 2011 ;

(j) "minister" means the minister appointed under the Executive Council

Act to administer this Act;

(k) "parent" means

(

i) the father or mother of a child by birth,

(ii) a person who has

adopted a child under the Adoption Act, 2013,

(iii) a person having

lawful custody of a child, and

(iv) a person who has

demonstrated a settled intention to treat a child as a child of the persons

family, other than under an arrangement where the child is placed in a foster

home for consideration by a person having lawful custody of the child;

(l) "principal" means a teacher designated as a principal or acting as a

principal of a school and includes a person who is the head of a private

school;

(m) "private school" means a school established under

section 43;

(n) "provincial advisory council" means the provincial advisory council on education established

under

section 116.1;

(o) "provincial school" means a school established under

section 50;

(p) "registered psychologist" means a

registered psychologist as defined in the Psychologists Act, 2005 ;

(q) "school" means the body of school students that is organized as a unit for

the purpose of education and includes the teachers and other staff members

associated with the unit and the lands and premises used in connection with the

unit;

(r) "school council" means a council referred to in

section 25;

(s) "school day" means a day within a school year during which schools are

operated in accordance with this Act and the regulations;

(t) "school year" means a year commencing on July 1 in a calendar year and ending

on June 30 in the following calendar year;

(u) "senior management official" means

the superintendent and an individual designated under subsection 51.7(3);

(v) "spouse" means

(

i) a person to whom a trustee is married, unless

the person and the trustee have made a separation agreement or their support

obligations and family property have been dealt with by a court order, and

(ii) a cohabiting

partner;

(w) "student" means a person who is

(

i) enrolled in a

school, or

(ii) required under

section 4 to attend school;

(x) "student record" means a record of information in written or electronic form

pertaining to a student;

(y) "superintendent" means the

superintendent of schools referred to in subsection 51.7(1);

(z) "teacher" means a person who has a valid certificate or licence issued

under the Teacher Training Act and, notwithstanding

paragraph (f), includes emergency supply but does not include a director, an

assistant director or a senior management official; and

(aa) "trustee" means a person who is

(

i) elected or appointed

to the conseil scolaire under

section 95, or

(ii) appointed to the

conseil scolaire under

section 96.

(2) In this Act, a reference to the powers,

duties, functions or responsibilities of the conseil scolaire shall be

considered to be in relation to French first language schools.

2. (1) Subsection 3(2) of the Act is amended by

deleting the words "A board" and substituting the words "The

department or the conseil scolaire".

(2) Subsection 3(3) of the Act is amended by

deleting the words "a board" and substituting the words "the

department or the conseil scolaire".

3. (1) Subsection 4(2) of the Act is repealed and

the following substituted:

(2) A student shall attend

the school that the department or the conseil scolaire directs, unless

otherwise permitted under this Act or by the department or the conseil

scolaire.

(2) Subsection 4(3) of the Act is repealed and the

following substituted:

(3) The department or the

conseil scolaire shall admit to a school at the beginning of the school year

all children who are under the jurisdiction of the department or the conseil

scolaire who are 5 years of age before January 1 in that school year.

(3) Subsection 4(4) of the Act is amended by

deleting the words "A board" and substituting the words "The

department or the conseil scolaire".

4. Paragraph 5(

d) of the Act is amended by

deleting the word "board" and substituting the words "department

or the conseil scolaire".

5. Subsection 10(3) of the Act is repealed and the

following substituted:

(3) A principal of a

school shall, in accordance with the policies of the department or the by-laws

of the conseil scolaire, comply with a request of a parent with respect to a

religious observance.

6. (1) Subsection 12(3) of the Act is amended by

deleting the word "board" and substituting the words "department

or the conseil scolaire".

(2) Subsection 12(5) of the Act is amended by

deleting the words "board employees" and substituting the words "employees

of the department or the conseil scolaire".

(3) Subsection 12(8) of the Act is repealed and

the following substituted:

(8) This

section shall

not prevent the use of a report based upon a student record by the principal of

a school attended by that student, the department or the conseil scolaire, for

the purpose of a disciplinary proceeding commenced by the principal respecting

the conduct of that student or a prosecution of an offence under this Act.

7. Paragraph 20(1)(

b) of the Act is repealed and

the following substituted:

(

b) have access on request to annual reports

respecting the general effectiveness of education programs in that school and

in the province.

8. Subsection 21(1) of the Act is repealed and the

following substituted:

Liability for

damage

(1) Where the following property is destroyed, damaged or lost

by the intentional or negligent act of a student, that student and the

student's parents are individually and collectively liable to the Crown or the

conseil scolaire in respect of the act of that student:

(

a) property of the Crown used for primary,

elementary or secondary education purposes;

(

b) property of an employee of the Crown engaged

in duties related to primary, elementary or secondary education;

(

c) property of the conseil scolaire; or

(

d) property of an employee of the conseil

scolaire.

9. (1) Subsection 22(1) of the Act is repealed and

the following substituted:

Appeal

(1) Where

a decision affects a student, the parent of the student or, where the student

is 19 years of age or older, the student may appeal the decision

(

a) of an employee of

the department employed in a school, to the principal and the principal's

decision may be appealed to the superintendent;

(

b) of an employee of

the conseil scolaire employed in a school, to the principal and the principal's

decision may be appealed to the conseil scolaire;

(

c) of the principal, to

the superintendent or the conseil scolaire;

(

d) of an employee of

the department not employed in a school, to the superintendent; and

(

e) of an employee of

the conseil scolaire not employed in a school, to the conseil scolaire,

and the superintendent's or the conseil

scolaire's decision on the appeal shall be final.

(2) Subsection 22(3) of the Act is repealed and

the following substituted:

(3) An appeal under this

section shall be made in accordance with

(

a) this Act; and

(

b) in the case of

(

i) the department, the regulations, or

(ii) a French first

language school, the by-laws of the conseil scolaire.

(3) Subsection 22(4) of the Act is amended by

deleting the word "board" and substituting the words "department,

conseil scolaire".

10. (1) Subsection 24(1) of the Act is repealed and

the following substituted:

Principal

(1) The department or the conseil scolaire shall appoint a

principal for every school.

(2) Subsection 24(3) of the Act is amended by

deleting the word "board" wherever it appears and substituting the

words "department or the conseil scolaire".

11. (1) Subsection 25(2) of the Act is amended by

deleting the words "by-laws of the board" and substituting the words

"policies of the department".

(2) Subsection 25(14) of the Act is amended by

deleting the word "board" and substituting the word "superintendent".

12. (1) Paragraph 26(2)(

d) of the Act is amended by

deleting the word "board" and substituting the word "department".

(2) Paragraphs 26(3)(

a) and (

b) of the Act are

amended by deleting the word "board" and substituting the word "department".

(3) Paragraph 26(3)(

i) of the Act is repealed and

the following substituted:

(

i) communicate concerns

respecting departmental policies and practices to the department.

(4) Subsection 26(4) of the Act is amended by

deleting the words "by-laws of the board" and substituting the words

"policies of the department".

(5) Subsection 26(6) of the Act is amended by

deleting the words "A board" and substituting the words "The

department".

(6) Subsection 26(7) of the Act is amended by

deleting the word "board" and substituting the word "department".

(7) Subsection 26(8) of the Act is amended by

deleting the words "by-laws of the board" and substituting the words

"policies of the department".

13. Subsection 27(2) of the Act is amended by

deleting the words "a board" and substituting the words "the

department or the conseil scolaire".

Section 30 of the Act is amended by deleting

the words "A board" and substituting the words "The department

or the conseil scolaire".

Section 31 of the Act is repealed and the

following substituted:

Presence of

teacher

31. Unless assigned to other duties by the principal or absent

because of illness or other unavoidable cause, a teacher shall be in school

during a period in the morning and in the afternoon immediately preceding the

time set for the opening of school as required by the policies of the department

or the by-laws of the conseil scolaire.

(1) Paragraph 32(

a) of the Act is amended by

deleting the word "board" and substituting the words "department

or the conseil scolaire".

(2) Paragraph 32(

c) of the Act is amended by

deleting the word "board" and substituting the words "department

or the conseil scolaire".

(3) Paragraph 32(

d) of the Act is amended by

deleting the word "board" and substituting the words "department

or the conseil scolaire".

17. Paragraph 33(

g) of the Act is amended by

deleting the word "board" and substituting the words "superintendent

or the conseil scolaire".

18. (1) Subsection 36(1) of the Act is repealed and

the following substituted:

Suspension

(1) A teacher may suspend a student from a class period in accordance

with the regulations or the by-laws of the conseil scolaire.

(2) Subsection 36(3) of the Act is repealed and

the following substituted:

(3) A principal may, in accordance with the regulations

or the by-laws of the conseil scolaire, suspend a student from

(

a) one or more class

periods;

(

b) one or more courses

or school programs;

(

c) school;

(

d) riding on a school

bus; and

(

e) participating in an

activity sponsored or approved by the department or the conseil scolaire.

(3) Subsection 36(5) of the Act is amended by

deleting the words "by-laws of the board" and substituting the words

"regulations or by-laws of the conseil scolaire".

(4) Subsection 36(6) of the Act is amended by

deleting the word "board" and substituting the word

"department".

(5) Subsection 36(7) of the Act is amended by

(

a) deleting the word "person"

immediately after the word "professional'; and

(

b) deleting the word "board" and

substituting the word "department".

19. (1) Subsection 37(2) of the Act is amended by

deleting the word "board" and substituting the word

"department".

(2) Subsection 37(5) of the Act is amended by

deleting the words "A board" and substituting the words "The expulsion

review panel referred to in subsection 39(2)".

Section 39 of the Act is repealed and the

following substituted:

Review of

expulsion

(1) Where

a student has been expelled under

section 37, a parent of the student or, where

the student is 19 years of age or older, the student, may, within 15 days of

the effective date of the expulsion, make a written request to the department or

the conseil scolaire, that the expulsion be reviewed.

(2) The minister shall, in accordance with the regulations,

appoint a panel of persons to act as an expulsion review panel with respect to

schools under the jurisdiction of the department to investigate the

circumstances of the expulsion and to make an order upholding or reversing the

order to expel the student.

(3) A review by the expulsion review panel under

subsection (2) shall be made in accordance with the regulations.

(4) Where the conseil scolaire receives a request

for review under subsection (1), the conseil scolaire shall appoint 3 of its

members as a review panel to investigate the circumstances of the expulsion and

to make an order upholding or reversing the order to expel the student.

(5) An order of the expulsion review panel under

subsection (2) or of the conseil scolaire review panel under subsection (4) is

binding upon the student, school, department, conseil scolaire and other

persons affected by it.

Section 41 of the Act is repealed and the

following substituted:

Prohibition

41. A

person shall not

(

a) disturb or interrupt

the proceedings of a school, a school council, a conseil d'ecole, the conseil

scolaire or the provincial advisory council;

(

b) loiter or trespass

(

i) in a school

building,

(ii) on property owned or

used by the Crown for primary, elementary or secondary education purposes, or

(iii) on property owned or used by the conseil

scolaire; or

(

c) canvass, sell or

offer to sell goods, services or merchandise to a teacher or a student in a

school without the approval of the school council or the conseil d'ecole, and where

there is no school council or conseil d'ecole, of the department or the conseil

scolaire.

22. Subsection 48(2) of the Act is amended by

deleting the word "boards" and substituting the words "the

department, the conseil scolaire".

23. Subsection 50(2) of the Act is amended by

deleting the words "a board" and substituting the words "the

conseil scolaire".

24. The Act is amended by adding immediately after

section 51.1 the following:

PART III.1

POWERS AND DUTIES OF THE DEPARTMENT

Crown successor

51.2 (1)

constituted immediately before the coming into force of this section, is

dissolved.

(2) The Crown is the successor in law to the school

District and

(

a) al l agreements,

District are assumed by the Crown and the Crown shall

fulfil and satisfy all those agreements, contracts, debts, liabilities and

other obligations;

(

b) the Crown is

District in respect of employment contracts held by

District at the time this

section comes into force;

and

(

c) title to all real and personal property of the

District is vested in the Crown, and, for all real and personal property held

District in respect of an entitlement, interest, instrument, deed, contract,

District with respect to that property.

Duties of

department

51.3

(1) The department shall, with respect to schools under its jurisdiction,

(

a) organize and

administer primary, elementary and secondary education;

(

b) provide for the

instruction of students either by the establishment of a program in its schools

or by making an arrangement with another educational body in Canada;

(

c) determine policy for

the effective operation of primary, elementary and secondary schools;

(

d) promote a safe and

caring learning environment for schools;

(

e) ensure adequate

supervision of all students enrolled in its schools during the period for which

the department is responsible for those students;

(

f) formulate policies

for evaluating employees;

(

g) ensure that the

programs or courses of study and the materials prescribed or approved by the

minister are followed;

(

h) ensure that each

school maintains adequate program and performance standards;

(

i) establish policies

for student evaluation and student promotion;

(

j) make known to the

public and enlist the support of the public for policies and programs;

(

k) where the department

considers it necessary, arrange for a system of transportation of students to

and from schools;

(

l) where arrangements

are made by it for the transportation of students, ensure that

(

i) all vehicles engaged in carrying students to

and from school are in good mechanical condition and have adequate liability

insurance, and

(ii) an appropriate bus safety program is offered

to students who are transported by bus;

(

m) admit to a school,

at all reasonable times and subject to the terms of an agreement between it and

the university offering the program, a student enrolled in a teacher training

program for the purpose of observation and the practice of teaching;

(

n) admit to a school,

at all reasonable times and subject to the terms of an agreement between it and

a college or institute offering the program, a student enrolled in an

education-related training program approved by the minister for the purpose of

observation and activities associated with the student's program;

(

o) organize and

administer a school in an institution, where directed to do so by the minister;

(

p) establish policies respecting the periods

during which teachers are required to be in school under

section 31; and

(

q) establish policies respecting the imposition of a levy by a school council.

(2) The department shall publish policies

established under subsection (1) on the website of the department.

Powers of

department

51.4

(1) The

department may, with respect to schools under its jurisdiction,

(

a) permit a school

building to be used outside of school hours, where this does not interfere with

the regular conduct of the school;

(

b) charge a person or

group a fee for use of a school under paragraph (a);

(

c) require a student,

believed by a teacher to be suffering from a communicable disease or a physical

or mental health condition which might endanger an employee or other students,

to be examined by a medical practitioner or other professional appointed or

approved by the department and, upon the recommendation of the medical

practitioner or that other professional, exclude that student from school until

a certificate acceptable to the department is obtained from a medical

practitioner or that other professional permitting that student to return to

school, but an exclusion or extension of an exclusion shall be reviewed by the department

within 25 school days;

(

d) by notice, in

writing, require an employee to undergo an examination or assessment the

department considers necessary, as arranged or approved by the department, and

to submit a certificate acceptable to the department signed by the medical

practitioner, registered psychologist or other professional approved by the

department setting out the conclusions regarding the examination or assessment;

(

e) summarily dismiss an

employee who within 14 days from the date of receiving a notice under paragraph

(

d) has not made a reasonable attempt to obtain the examination or assessment;

(

f) where a certificate

submitted to the department under paragraph (

d) shows that an employee's

physical or mental health would be injurious to an employee or students, direct

the employee to take sick leave or other earned leave or, where the employee has

no sick leave or other earned leave or the sick leave or other earned leave is

exhausted, require the employee to take unpaid leave;

(

g) suspend from work,

with or without pay, an employee who is charged with an offence that in the

opinion of the department would make that employee unsuitable to perform the

employee's duties;

(

h) provide, subject to

the written permission of the parent of the student concerned and in conjunction

with the appropriate officials responsible for traffic control in the area, a

system of school patrols in which a student may assist in the control of motor

vehicle traffic on highways or elsewhere so far as the traffic may affect a

student going to or from the school; and

(

i) levy a fee for the

transportation of students.

(2) Notwithstanding subsection

(1) and

section 51.3, the department may close a school only after the parents

of students affected have been given an opportunity to make representations to

the department.

Additional

resources for certain schools

51.5

(1) The

department may establish, maintain and operate a school where the school

provides programs or courses of study that satisfy the minimum requirements as

approved by the minister.

(2) The minister shall

determine and, by order, specify a school that is a small school, and the

grades which may be taught in that school, in which the requirements of

subsection (1) cannot be met, but the school shall be maintained and operated

because of isolation or because the students cannot reasonably be accommodated

in another school.

(3) A school specified

in an order under subsection (2) shall receive an allocation of resources, as

approved by the minister, additional to the allocation of resources provided

for schools not specified in the order under subsection (2).

(4) The department shall

ensure that an additional allocation received under subsection (3) for a school

is used in that school.

Zoning

51.6

(1) The department may establish an attendance zone for each school under its

jurisdiction and each student who resides in that zone shall attend a school

specified for that attendance zone.

(2) Notwithstanding subsection (1), the department

may permit a student who resides in one attendance zone to attend a school in

another attendance zone.

Superintendent

and senior management officials

51.7

(1) The assistant deputy minister responsible for the public schools branch of the

department shall be the superintendent of schools and

shall exercise the powers and perform the duties of the superintendent established

in this Act and the regulations.

(2) Where there is no

superintendent or the superintendent is absent or unable to act, the minister

may delegate to an employee of the department the duties and responsibilities

of the superintendent under this Act and the regulations.

(3) The minister may designate employees of the

department that the minister considers necessary as senior management officials

to carry out the duties and responsibilities and exercise the powers of the

department under this Act and the regulations.

Duties of

superintendent

51.8

(1) The superintendent shall, with respect to schools under the jurisdiction of the

department,

(

a) administer,

supervise and evaluate all education programs and services for the operation of

schools;

(

b) determine, in

accordance with this Act, the school that a student shall attend;

(

c) promote a safe and

caring learning environment for schools;

(

d) supervise all schools, property, teachers, and

other employees of the department in schools and visit each school at least once in each school year ; and

(

e) perform other duties

required under this Act and the regulations.

(2) Notwithstanding

paragraph (1)(d), the superintendent may designate a person to visit a school

on the superintendent's behalf.

Suspension by

superintendent

51.9 Where

the superintendent is of the opinion that the presence of an employee is an

immediate threat to the welfare of students or an employee of the department,

the superintendent may suspend that employee, with or without pay, from the

performance of the employee's duties.

Medical

certificate

51.10

(1) An

employee who has been dismissed under paragraph 51.4(1)(

e) shall not accept a

position with the conseil scolaire or a private school until a certificate of a

medical practitioner, a registered psychologist or other professional approved

by the department as to the employee's physical or mental health, has been

submitted to, and considered acceptable by the department.

(2) An employee required

to take leave under paragraph 51.4(1)(

f) shall not return to work until the employee

delivers to the department a certificate acceptable to the department signed by

the medical practitioner, registered psychologist or other professional

approved by the department stating that the employee has recovered sufficiently

to return to work.

Property

51.11

(1) All real and personal property used for the purpose of

education by a school board immediately before the former

section 84 came into

force shall continue to be used for the purpose of education by the department.

(2) The use of all real

and personal property by the department under subsection (1) shall be without

compensation to the person or association of persons in which the title to the

property is vested.

(3) Where title to

property used for the purpose of education by the department is vested in a

denominational authority immediately before the former

section 84 came into

force, and no property, or funds for the purchase, construction or maintenance

of the property, have been provided by a religious denomination, that

denominational authority shall transfer that title to the Crown, and the cost

of the transfer of title shall be paid by the Crown.

(4) Where property used for the purpose of

education by the department, or funds for the purchase, construction or

maintenance of that property, have been provided by a religious denomination

and title to the property is vested in a denominational authority, that

denominational authority shall, as soon as practicable, enter into an agreement

with the Crown relating to

(

a) all matters

necessary for the Crown to manage, maintain, use, equip and improve the

property while the property is required by the department for the purpose of education;

and

(

b) disposition of the

property, where the department no longer requires the property for an

educational purpose.

(5) A denominational authority that holds title to

property that is being used by the department for the purpose of education and

intends to convey that property to a person, other than the Crown or another

denominational authority, shall first

(

a) provide to the Crown

all financial records relating to the provision of property or funds by the

denominational authority for the purchase, construction or improvement of the

property; and

(

b) enter into an

agreement with the Crown under subsection (4), where the denominational

authority has not already done so.

(6) Where a

denominational authority fails to comply with the requirements of paragraph

(5)(a), there shall be no final disposition of the property notwithstanding

that it is no longer required by the department for the purpose of education,

except where the minister has dispensed with this requirement.

(7) Where a denominational

authority has conveyed property to a person, other than the Crown or a

denominational authority without first satisfying the requirement of paragraph

(5)(b), the purchaser of the property and a subsequent purchaser shall be bound

(8) Where an agreement under subsection (4) has

been entered into, a person who purchases property from a denominational

authority under a conveyance referred to in subsection (5), including a

agreement as if it were the denominational authority except as otherwise

provided in the regulations, whether or not the agreement has been assigned or

transferred by the denominational authority and notwithstanding any agreement,

declaration, waiver, representation or statement to the contrary made in

association with the conveyance.

(9) Where property used

for the purpose of education by the department, or funds for the purchase,

construction or maintenance of that property, have been provided by a religious

denomination and title to the property is vested in the Crown, the Crown shall,

as soon as practicable, enter into an agreement with the denominational

authority that held title prior to the vesting of title in the Crown relating

to the disposition of the property, where the department no longer requires the

property for an educational purpose.

(10) The minister shall establish a procedure for

the resolution of an agreement

(

a) if an agreement

referred to in subsection (4) has not been entered into within 12 months of the

coming into force of the former

section 84, as it existed before the coming

into force of this section; and

(

b) if an agreement

referred to in subsection (9) has not been entered into as soon as practicable.

(11) An agreement under this

section is of no

effect until it is approved in writing by the minister.

(12) In this

section and sections

51.14 and 110.5, "denominational authority" means

(

a) an integrating

denomination or a person, an organization or a corporation on behalf of an

integrating denomination under

article 12 of the Document of Integration

entered into by the Diocesan Synod of Newfoundland, the Newfoundland Conference

of the United Church of Canada, the Territorial Commander for the Salvation

Army for Canada and the Newfoundland Presbytery of the Presbyterian Church in

Canada;

(

b) a Roman Catholic

Episcopal corporation;

(

c) the Pentecostal

Assemblies of Newfoundland and Labrador; and

(

d) includes another

denominational group holding title to property used for the purpose of

education.

(13) In this section, "former

section 84"

means

section 84 of this Act as it existed

immediately before the coming into force of this section.

Shared facilities

51.12

(1) The

department may enter into an agreement with a person or group of persons for

the construction and shared use of a school building or a building to be

primarily used as a school.

(2) Unless otherwise

approved in writing by the minister, the title to all real property acquired

under subsection (1) shall be vested in the Crown.

School generated

funds

51.13

(1) In

this section, "school generated funds" means

(

a) a fee referred to in subsection 13(2);

(

b) a levy approved under subsection 26(4);

(

c) a fee assessed under paragraph 51.4(1)(

b) or

(i);

(

d) proceeds from fundraising, food service

commissions or school-sponsored events;

(

e) donations made to a school;

(

f) special purpose grants awarded at the school

level;

(

g) other funds as prescribed in regulations; and

(

h) interest earned on funds described in

paragraphs (

a) to (g).

(2) Funds held by a school on the date this

section comes into force shall be considered to be school generated funds.

(3) School generated funds shall be administered

and maintained in accordance with the regulations.

(4) School generated funds shall, for the purpose

section 22 of the Financial

Administration Act , be considered to be received for a special purpose as

prescribed in the regulations.

Title to school

land

51.14

(1) Money

shall not be paid for the construction or extension of a school where the Crown

does not have title to the land on which that construction or extension is to

occur.

(2) Notwithstanding

subsection (1), money may be paid for the construction or extension of a

school, where title to the land is vested in a denominational authority, in

accordance with an agreement entered into under

section 51.11.

(3) The minister shall

not pay money for the construction or extension of a school unless

(

a) the land has been

approved by the appropriate government department or agency; and

(

b) the construction or

extension is planned in accordance with all applicable building standards and

the school planning manual approved by the minister, and the building plans and

the site have been approved by an official of the department designated for the

purpose by the minister.

(4) In addition to the

requirements of subsection (3), the minister may require that the plans be

developed and funding identified for landscaping of the land, including the

provision of a playground area.

Part IV of the Act is repealed.

26. The Act is amended by adding immediately after

section 95.3 the following:

Executive

committee

95.4

(1) The

conseil scolaire shall establish an executive committee composed of

(

a) the chairperson of the conseil scolaire; and

(

b) the trustees elected to the executive

committee by the trustees.

(2) The executive

committee of the conseil scolaire shall act in the place of and manage the

affairs of the conseil scolaire between regular meetings of the conseil

scolaire and may, except where directed otherwise by the conseil scolaire and,

in accordance with by-laws of the conseil scolaire, exercise the powers and

duties of the conseil scolaire.

(3) A quorum of the executive

committee shall be a majority of the members of the executive committee.

(4) All actions of the

executive committee carried out under subsection (2) shall be reported to the

conseil scolaire at the next regular meeting of the conseil scolaire.

Dissolution of

conseil scolaire

95.5

(1) The

Lieutenant-Governor in Council may by order dissolve a conseil scolaire on a

specified date and the conseil scolaire shall be considered to be dissolved on

that date.

(2) Where a conseil

scolaire is dissolved under this

section and there is no successor conseil

scolaire, all debts and liabilities of the conseil scolaire shall be paid and

discharged before that dissolution.

(3) Where a conseil

scolaire is dissolved under this

section and there is no successor conseil

scolaire and all debts and liabilities of the dissolved conseil scolaire are

paid and discharged, surplus funds and real and personal property vested in or

used by that conseil scolaire shall, subject to an agreement referred to in

section 51.11, vest in the Crown.

(4) Where a conseil

scolaire is dissolved under this

section and there is no successor conseil

scolaire and there is a dispute as to the disposition of property vested in or

used by the dissolved conseil scolaire, the minister may, subject to an

agreement referred to in

section 51.11, direct the disposition or dispose of

the property.

(5) Where a conseil

scolaire is dissolved under this

section and there is a successor conseil

scolaire, the successor conseil scolaire is the successor in law of the

dissolved conseil scolaire and

(

a) all agreements,

contracts, debts, liabilities and other obligations of that dissolved conseil

scolaire are assumed by the successor conseil scolaire and the successor conseil

scolaire shall fulfil and satisfy all those agreements, contracts, debts,

liabilities and other obligations;

(

b) the successor conseil

scolaire is substituted for the dissolved conseil scolaire in respect of an

employment contract held by the dissolved conseil scolaire on its dissolution;

and

(

c) title to all real

and personal property of a dissolved conseil scolaire is vested in the

successor conseil scolaire, and, for all real and personal property held or

used for the purpose of education by a dissolved conseil scolaire, the

successor conseil scolaire is substituted for the dissolved conseil scolaire in

respect of an entitlement, interest, instrument, deed, contract, agreement or

other document held by the dissolved conseil scolaire with respect to that

property.

(6) Where there is a

dispute as to which conseil scolaire is the successor to a conseil scolaire that

has been dissolved and there is a dispute as to which conseil scolaire is the

successor conseil scolaire respecting the

(

a) assumption of an

agreement, contract, debt, liability or other obligation under paragraph

(5)(a); or

(

b) substitution for the

dissolved conseil scolaire with respect to an employment contract under

paragraph (5)(b),

the minister shall make an order

determining the matter and that order shall be final.

27. The Act is amended by adding immediately after

section 96 the following:

Closed meeting

96.1 A

meeting of the conseil scolaire is open to the public unless it is declared by

vote of the trustees to be a closed meeting from which members of the public

shall be excluded.

Minutes

96.2

(1) The

conseil scolaire and the executive committee of the conseil scolaire shall keep

minutes of its proceedings and the minutes shall at all reasonable times be

available for inspection by an official of the department designated by the

minister, and on request, to members of the public.

(2) Notwithstanding

subsection (1), the minutes of a closed meeting shall not be available to the

public.

Meetings and

business

96.3

(1) The

conseil scolaire shall hold an annual meeting on the date specified in its

by-laws, and in any event not later than November 30.

(2) The conseil scolaire

shall hold meetings to transact the business of the conseil scolaire not less

than 4 times per year.

(3) A special meeting of

the conseil scolaire may be held at the request of the chairperson, and shall

be called when a written application, specifying the purpose of the proposed

meeting, is made to the chairperson by a majority of the trustees and business

shall not be transacted at a special meeting other than business for which the

meeting was called.

(4) A trustee shall be

given at least 4 days' notice, in writing, of the business to be transacted at

a regular meeting.

(5) Members of the

conseil scolaire shall serve without remuneration but may be reimbursed by the

conseil scolaire at a rate set in a policy directive of the minister for

travelling and other expenses reasonably incurred in connection with the work

of the conseil scolaire.

Execution of

documents

96.4

(1) The

conseil scolaire shall by resolution, certified by the chairperson or other

person approved by the conseil scolaire, determine those trustees who shall

execute all deeds and other documents on behalf of the conseil scolaire.

(2) The conseil scolaire

shall by resolution, certified by the chairperson or other person approved by

the conseil scolaire, appoint a person or persons as signing officers with

respect to the signing of cheques and other daily transactions of the conseil

scolaire.

Annual budget

96.5

(1) The

conseil scolaire shall at a date that the minister may determine in each year

submit to the minister a copy of its annual budget for the next fiscal year.

(2) The annual budget

submitted to the minister under subsection (1) shall provide

(

a) detailed estimates

of operating expenses of the conseil scolaire for the next fiscal year;

(

b) detailed estimates

of revenue of the conseil scolaire for the next fiscal year from all sources;

(

c) estimates of a

surplus projected to accrue to the conseil scolaire in the current fiscal year;

and

(

d) other information

that may be required by the minister.

(3) The conseil scolaire

shall not, in a fiscal year, incur, contract for or become liable for an

expenditure or debt

(

a) unless the annual

fiscal budget for that fiscal year has first been approved, in writing, by the

minister; and

(

b) that is more than

the estimated expenditures or debt set out in its annual budget or

substantially changes the manner in which an expenditure will be made, except

with the prior written approval of the minister.

(4) The minister may

appoint a person to examine the books of account and other financial records of

the conseil scolaire and, at the request of that person, the conseil scolaire

shall provide the person with its books of account and other financial records

and an officer or employee of the conseil scolaire shall answer questions

pertaining to them and provide other assistance that the person may request.

Accounts and

audits

96.6

(1) The

conseil scolaire shall keep an accurate record of all receipts and expenditures

and ensure that all funds received from the Crown are expended only for the

purpose for which they are provided and prepare and submit to the minister at

the end of each school year a detailed statement of its accounts audited by a

person licensed as a public accountant under the Chartered Professional

Accountants and Public Accountants Act in the form and at a time that

the minister may require.

(2) The auditor shall,

during the course of each audit, inspect the bonds entered into with respect to

the conseil scolaire and report on their sufficiency to the minister.

(3) Where the conseil

scolaire does not transmit to the minister the statement of accounts referred

to in subsection (1), the minister may withhold further payment of funds until

statements of account satisfactory to the minister have been provided.

Audit directed by

minister

96.7

(1) Where

an audit under

section 96.6 has not been conducted to the satisfaction of the

minister, the minister may direct in writing that the accounts of the conseil

scolaire be audited by an auditor designated by the minister, and that auditor

shall report on the audit to the minister.

(2) The conseil scolaire

shall, when requested, provide to a person conducting an audit under

section

96.6 or subsection (1), all account books, accounts, supporting documents and

other information necessary to complete the audit.

(3) A trustee who

refuses to provide a book, account or information in the trustee's possession

which is necessary for an audit may be removed from office by the

Lieutenant-Governor in Council.

(4) Where an audit shows

that funds are not being expended in accordance with this Act, the minister may

withhold further payments of funds until this Act is complied with.

Conflict of

interest

96.8

(1) A

trustee has a conflict of interest and shall not vote or speak on a matter

before the conseil scolaire or a committee of the conseil scolaire where

(

a) the trustee or a

relative of the trustee has a direct or indirect monetary or other interest in

the matter; or

(

b) the trustee is an

officer, employee or agent of an incorporated or unincorporated company, or

other association of persons, that has a direct or indirect monetary or other

interest in that matter.

(2) A trustee with a

conflict of interest under subsection (1) shall not enter into a contract with

the conseil scolaire.

(3) For the purpose of subsection (1), a relative

of a trustee means

(

a) a parent,

step-parent, spouse, sibling, step-sibling, child, step-child, parent-in-law or

sibling-in-law; or

(

b) a person not

referred to in paragraph (

a) who resides with the trustee.

(4) In order for an

interest to be considered as one falling within the prohibition set out in

subsection (1) it shall be an interest distinct from an interest held in common

with the electors of the conseil scolaire.

(5) Notwithstanding

subsection (1), a trustee does not have a conflict of interest by reason only

that a relative of the trustee is enrolled in a school affected by a conseil

scolaire decision.

(6) For the purpose of

subsection (5), a relative of a trustee means, in addition to the persons

referred to in subsection (3), a grandchild of the trustee or the

trustee's spouse, a child of the trustee's sibling or step-sibling or a child

of the trustee's spouse's sibling.

Disclosure

96.9

(1) Where

a trustee has a conflict of interest under

section 96.8, the trustee shall

state the nature of the conflict of interest at the beginning of discussion on

the matter in which the trustee has that conflict of interest.

(2) W here the trustee

who declares a conflict of interest under subsection (1) is the chairperson,

the trustee shall vacate the chair for the discussion of the matter in which

the conflict of interest exists.

(3) A trustee who

declares a conflict of interest under subsection (1) shall leave the meeting

while the matter on which the trustee has a conflict of interest is being

discussed.

(4) A trustee who is in

doubt as to whether or not the trustee has a conflict of interest under

section

96.8 shall disclose that interest to the conseil scolaire and the conseil

scolaire may decide the question by majority vote and its decision on the

matter is final.

Proceeding

voidable

96.10 The failure of a person to comply with the requirements of

section 96.9 does not invalidate a proceeding of the conseil scolaire, but the

proceeding is voidable by the conseil scolaire before the expiration of 2 years

from the date of the passing of the resolution or by-law in respect of which

the failure occurred, unless to invalidate the proceeding would adversely

affect the rights of another person who acquired those rights under the

proceeding and who acted in good faith and without actual notice of the failure

to comply with

section 96.9.

Application to

Supreme Court

96.11

(1) A

person may, within 6 weeks of learning that a trustee may have contravened

section 96.8, apply to a judge of the Supreme Court to determine if the trustee

has contravened

section 96.8.

(2) The applicant shall

state the grounds for alleging a contravention of

section 96.8 by the trustee.

(3) An application shall

not be brought under subsection (1) after the expiration of 2 years from the

time at which the contravention is alleged to have occurred.

Conflict of

interest remedy

96.12

(1) Where

a judge of the Supreme Court determines that a trustee contravened

section 96.8,

the judge

(

a) shall, in the case

of a person currently holding office as a trustee, declare the office of the

trustee vacant; and

(

b) may, where the

contravention has resulted in financial gain to the trustee, require the

trustee to make restitution to the person suffering the loss or, where that

person is not readily ascertainable, to the conseil scolaire of which the trustee

is a current or former trustee.

(2) Notwithstanding paragraph (1)(a), w here a judge of the Supreme Court determines that a trustee

contravened

section 96.8, but was acting in good faith, the office of the

trustee shall not be declared vacant under paragraph (1)(a).

Irregular

management of affairs

96.13

(1) Where

the minister is satisfied that the affairs of the conseil scolaire are managed

in an irregular, improper or improvident manner, the minister may by order in

writing direct the conseil scolaire or a trustee of the conseil scolaire to

take action that the minister considers necessary or advisable in the

circumstances.

(2) Where satisfied that

the affairs of the conseil scolaire are managed in an irregular, improper or

improvident manner the Lieutenant-Governor in Council may dismiss one or more

of the trustees of the conseil scolaire.

By-laws

96.14

(1) The

conseil scolaire shall adopt by-laws respecting

(

a) the procedure for an

appeal under

section 22;

(

b) the periods during

which teachers are required to be in school under

section 31;

(

c) the suspension of

students under

section 36;

(

d) the calling and

conduct of meetings of the conseil scolaire and the administration and business

of the conseil scolaire; and

(

e) the imposition of a

levy by a conseil d'ecole.

(2) The conseil scolaire

may make by-laws that are not inconsistent with this Act and that are necessary

or desirable to carry out its powers and duties under this Act.

(3) A by-law of the

conseil scolaire shall not come into force until approved by the minister.

28. (1) Subsection 97(1) of the Act is repealed and

the following substituted:

Duties of conseil

scolaire

(1) The

conseil scolaire shall

(

a) organize and administer primary, elementary

and secondary education;

(

b) provide for the

instruction of students either by the establishment of a program in its schools

or by making an arrangement with another educational body in Canada;

(

c) determine policy for

the effective operation of primary, elementary and secondary schools;

(

d) promote a safe and

caring learning environment for schools;

(

e) ensure that policies

and guidelines issued by the minister relating to special education for

students are followed in schools;

(

f) ensure adequate

supervision of all students enrolled in its schools during the period for which

the conseil scolaire is responsible for those students;

(

g) develop a policy on

employment equity and a plan for implementing the policy;

(

h) appoint and dismiss

employees;

(

i) appoint and assign

duties of teachers;

(

j) adopt personnel

policies which shall follow the personnel administration procedures of the

government of the province, with the necessary changes, unless other policies

are approved, in writing, by the minister;

(

k) formulate policies

for evaluating employees;

(

l) arrange for the

bonding of the assistant director of finance and business administration and

other persons employed by the conseil scolaire whose duties include the

collecting, receiving or depositing of money belonging to the conseil scolaire;

(

m) purchase or

otherwise acquire, subject to the prior written approval of the minister, real

property that it requires;

(

n) ensure that the

programs or courses of study and the materials prescribed or approved by the

minister are followed;

(

o) ensure that each

school maintains adequate program and performance standards;

(

p) establish policies

for student evaluation and student promotion;

(

q) establish priorities

for school construction, maintenance and repair and make recommendations to the

minister;

(

r) make known to the

public and enlist the support of the public for conseil scolaire policies and

programs;

(

s) transmit to the

minister all records and returns required by this Act and other reports and

returns that the minister may require;

(

t) where the conseil

scolaire considers it necessary, arrange for a system of transportation of

students to and from schools;

(

u) where arrangements

are made by it for the transportation of students, ensure that

(

i) all vehicles engaged

in carrying students to and from school are i n good mechanical condition

and hav e adequate liability insurance, and

(ii) an appropriate bus

safety program is offered to students who are transported by bus;

(

v) insure and keep

insured all its buildings and equipment and obtain insurance indemnifying it

against liability in respect of a claim for damages or personal injury;

(

w) admit to a school

under its control, at all reasonable times and subject to the terms of an

agreement between it and a college or institute offering the program, a student

enrolled in an education-related training program approved by the minister for

the purpose of observation and activities associated with the student's program;

(

x) organize and

administer a school in an institution, where directed to do so by the minister;

(

y) comply with a policy

directive of the minister; and

(

z) immediately inform

the minister in writing of a vacancy in the position of director or assistant

director.

(2) Section 97 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) Notwithstanding paragraph (1)(h), an emergency

supply shall not be employed or appointed to teach without the permission of

the minister.

(1.2) The conseil scolaire

shall be responsible to the minister for the expenditure of public funds, the

conduct of programs of instruction and evaluation required by the minister and

for the maintenance of adequate program and performance standards in schools

under its jurisdiction.

(3) Subsections 97(3) and (4) of the Act are

repealed.

29. (1) Subsection 98(1) of the Act is repealed and

the following substituted:

Powers of conseil

scolaire

(1) The

conseil scolaire may

(

a) employ persons that the conseil scolaire

considers necessary for its operations and to carry out its objects;

(

b) enter into

agreements for the purpose of carrying out its functions under this Act;

(

c) permit a school

building to be used outside of school hours, where this does not interfere with

the regular conduct of the school;

(

d) charge a person or

group a fee for use of a school under paragraph (c);

(

e) require a student,

believed by a teacher to be suffering from a communicable disease or a physical

or mental health condition which might endanger an employee of the conseil

scolaire or other students, to be examined by a medical practitioner or other

professional appointed or approved by the conseil scolaire and, upon the

recommendation of the medical practitioner or that other professional, exclude

that student from school until a certificate acceptable to the conseil scolaire

is obtained from a medical practitioner or that other professional permitting

that student to return to school, but an exclusion or extension of an exclusion

shall be reviewed by the conseil scolaire within 25 school days;

(

f) by notice, in

writing, require an employee to undergo an examination or assessment the

conseil scolaire considers necessary, as arranged and approved by the conseil

scolaire, and to submit a certificate acceptable to the conseil scolaire signed

by the medical practitioner, registered psychologist or other professional

approved by the conseil scolaire setting out the conclusions regarding the examination

or assessment;

(

g) summarily dismiss an

employee who within 14 days from the date of receiving a notice under paragraph

(

f) has not made a reasonable attempt to obtain the examination or assessment;

(

h) where a certificate

submitted to the conseil scolaire under paragraph (

f) shows that an employee's physical

or mental health would be injurious to an employee of the conseil scolaire or

students, direct the employee to take sick leave or other earned leave or,

where the employee has no sick leave or other earned leave or the sick leave or

other earned leave is exhausted, require the employee to take unpaid leave;

(

i) suspend from work,

with or without pay, an employee who is charged with an offence that in the

opinion of the conseil scolaire would make that employee unsuitable to perform

the employee's duties;

(

j) provide, subject to

the written permission of the parent of the student concerned and in

conjunction with the appropriate officials responsible for traffic control in

the area, a system of school patrols in which a student may assist in the

control of motor vehicle traffic on highways or elsewhere so far as the traffic

may affect a student going to or from the school;

(

k) r aise money, subject

to the prior written approval of the minister, upon its corporate credit and

for the purpose of the conseil scolaire;

(

l) sell or lease

property for the purpose of the conseil scolaire, subject to the prior written

approval of the minister; and

(

m) l evy a fee for the

transportation of students.

(2) Section 98 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) Notwithstanding

section 97 or subsection (1), the conseil scolaire may close a school only

after the parents of students affected have been given an opportunity to make

representations to the conseil scolaire.

(1.2) In addition to the powers referenced in

subsection (1), the conseil scolaire may make recommendations under subsection

95(3),

section 100, and subsections 102(2), 102(8), 102(10) and 114(3).

Section 110.1 of the Act is repealed and the

following substituted:

Duties of

director

110.1 The

director shall, under the direction of the conseil scolaire,

(

a) supervise and direct

the staff employed by the conseil scolaire;

(

b) administer,

supervise and evaluate all education programs and services for the operation of

schools;

(

c) recruit and

recommend for appointment employees and, subject to the approval of the conseil

scolaire, assign them to positions and duties;

(

d) determine in

accordance with this Act the school that a student shall attend;

(

e) recommend the

promotion, transfer and termination of employment of employees of the conseil

scolaire;

(

f) develop and

implement a program of supervision and in-service training for employees of the

conseil scolaire;

(

g) supervise all

schools, property, teachers, and other employees of the conseil scolaire and

visit each school as frequently as feasible and at least once in each school

year;

(

h) determine the

programs for primary, elementary and secondary school grades and develop

policies for promoting students;

(

i) provide leadership

in evaluating and improving the education program;

(

j) advise the conseil

scolaire on planning for the extension, construction, renovation and repair of

buildings;

(

k) promote a safe and

caring learning environment for schools;

(

l) assist the conseil

scolaire in preparing its annual budget;

(

m) facilitate

communication between the conseil scolaire and employees;

(

n) attend meetings and

institutes as required by the minister;

(

o) as required by the

minister, make annual reports to the conseil scolaire and to the department on

the education program;

(

p) be, by virtue of the

director's position, a non-voting member of all conseil scolaire committees and

attend all meetings of the conseil scolaire and the executive committee, except

those meetings or parts of meetings during which matters related directly to

the employment of the director are to be discussed;

(

q) promote cultural

identity and French language in conseil scolaire schools; and

(

r) perform other duties

required by the conseil scolaire and under this Act.

31. The Act is amended by adding immediately after

section 110.1 the following:

Suspension by

director

110.2

(1) Where

the director is of the opinion that the presence of an employee is an immediate

threat to the welfare of students or an employee of the conseil scolaire, the

director may suspend that employee, with or without pay, from the performance

of the employee's duties.

(2) The director shall immediately, in writing,

notify the conseil scolaire of a suspension under subsection (1).

(3) Where the conseil

scolaire receives a notification under subsection (2), it shall, as soon as is

practicable, confirm, vary or revoke the suspension of the employee and shall,

where the suspension is confirmed or continued, determine if the suspension

shall be with or without pay.

Contracts to be

in writing

between the conseil scolaire and an employee shall be in writing and consistent

with this Act.

Property held by

conseil scolaire

110.4 All property held by the conseil scolaire is considered to

be held for the purpose of this Act.

Prohibition

110.5

(1) The

conseil scolaire shall not construct or extend a school where the conseil

scolaire does not have title to the land upon which that construction or

extension will occur.

(2) Notwithstanding

subsection (1) and

section 51.12, the conseil scolaire may construct or extend

a school vested in a denominational authority in accordance with an agreement

entered into under

section 51.11.

Acquisition of

property

110.6

(1) The

conseil scolaire may acquire by gift, lease or purchase, real and personal

property.

(2) The acquisition of

real property referred to in subsection (1) shall first be approved, in

writing, by the minister and approved for the intended use by all necessary

approving agencies.

Section 111 of the Act is repealed and the

following substituted:

Applicable

sections

(1) Section

8 does not apply to a student in a French first language school.

(2) Section 25 and

section

26 do not apply to a French first language school.

(3) Section 120 does not

apply to the conseil scolaire or a French first language school.

(4) Sections 51.10 to 51.12 and

section 51.14

apply, with the necessary changes, to the conseil scolaire and a French first

language school.

(5) For the purposes of this Part, a reference in

sections 51.10 to 51.12 and

section 51.14 to

(

a) the department and

the Crown shall be considered to include a reference to the conseil scolaire;

and

(

b) a school shall be

considered to include a reference to a French first language school

where to do so would not be inconsistent

with this Part.

33. Subsection 112(2) of the Act is amended by

deleting the reference "Section 84" and substituting the reference

"Section 51.11".

(1) Subparagraph 117(b)(ii) of the Act is amended by deleting the words "a

board" and substituting the words "the department and the conseil

scolaire".

(2) Subparagraph

117(b)(iv) of the Act is amended by deleting the reference "section

84" and substituting the reference "section 51.11".

(3) Subparagraph

117(b)(viii) of the Act is repealed and the following substituted:

(viii) the professional development of

(

A) teachers,

(

B) employees of the department whose duties

pertain to primary, elementary or secondary education, and

(

C) employees of the conseil scolaire,

(4) Paragraph

117(

c) of the Act is amended by deleting the words "a board" and

substituting the words "the conseil scolaire".

(5) Paragraph

117(

e) of the Act is amended by deleting the words "a board" and

substituting the words "the department or the conseil scolaire".

(6) Paragraph

117(

f) of the Act is repealed.

(7) Paragraph

117(

g) of the Act is amended by deleting the words "a board" and

substituting the words "the conseil scolaire".

35. Subsection

118(1) of the Act is repealed and the following substituted:

Lieutenant-Governor in Council regulations

(1) The Lieutenant-Governor in Council may

make regulations

(

a) respecting

the establishment, maintenance, operation, organization, administration and

delivery of education programs, facilities and services for students;

(

b) respecting

of employment of employees of the conseil scolaire;

(

c) respecting

the election and appointment of trustees, including the qualifications of

persons to vote and to be elected as a trustee;

(

d) respecting

the holding of religious observances in schools;

(

e) prescribing

funds to be school generated funds under paragraph 51.13(1)(g);

(

f) respecting

the administration and maintenance of school generated funds and the purposes

for which school generated funds may be used under

section 51.13;

(

g) defining a word or phrase used in this Act;

(

h) respecting a policy on employment equity referred to in

paragraph 97(1)(g);

(

i) respecting the application and

modification of an agreement referred to in subsection 51.11(4) to a person who

purchases property from a denominational authority, including the prescription

applicable to a person who purchases property from a denominational authority

in the circumstances described in subsection 51.11(7);

(

k) r especting the appointment of members of the provincial

advisory council;

(

l) prescribing the powers and duties of the

provincial advisory council; and

(

m) generally to give effect to the purpose of this Act.

36. The

Act is amended by adding immediately after

section 118 the following:

Ministerial regulations

118.1 The minister may make regulations

(

a) respecting

the conduct of appeals under paragraph 22(3)(b);

(

b) respecting

the suspension of students under

section 36; and

(

c) respecting

the appointment of the expulsion review panel, the conduct of investigations

and the issuance of orders under subsections 39(2) and (3).

37. The

Act is amended by adding immediately after

section 119 the following:

Application of Financial Administration Act

119.1

(1) Where, immediately before this

section

comes into force, an existing business, accounting, banking or other financial

management practice of the former school board does not comply with the Financial Administration Act , the Office

of the Comptroller General or Treasury Board, in consultation with the Office

of the Comptroller General, shall provide direction to the department

responsible for that financial management practice with respect to the

continuation of that practice in the course of the exercise or performance, or

intended exercise or performance, of its powers and duties under this Act.

(2) Where

the department referenced in subsection (1) complies with the direction of the

Office of the Comptroller General or Treasury Board under subsection (1), the

department shall be considered to be compliant with the Financial Administration Act with respect to a business,

accounting, banking or other financial management practice referenced in

subsection (1).

(3) This

section ceases to have effect one year after the date on which this

section

comes into force.

(4) In

this section, "former school board" means the school board of the Newfoundland

coming into force of this section.

SNL2015 cA-1.2 Amdt.

38. Paragraph

(

q) of

Schedule A of the Access to Information and Protection of

Privacy Act, 2015 is repealed and the following substituted:

(

q) section 12 and subsection 96.2(2) of the Schools

Act, 1997 ;

SNL2021 cA-1.001 Amdt.

39. Subparagraph

is repealed and the following substituted:

(

x) a conseil scolaire established or

continued under the Schools Act, 1997 ,

SNL2001 cC-14.1 Amdt.

40. The

Schedule to the Citizens' Representative Act is amended by deleting

the reference " A school board, including the

conseil scolaire francophone elected under the Schools Act, 1997 " and substituting the reference " The

conseil scolaire elected or appointed under the Schools Act, 1997 ".

RSNL1990 cH-3 Amdt.

(1) Subparagraph 2(lll)(ii) of the Highway

Traffic Act is repealed and the following substituted:

(ii) owned, operated by or contracted to the Crown or a school board or

an agent of the Crown or a school board, and

(2) Subparagraph

2(qqq)(ii) of the Act is repealed and the following substituted:

(ii) another motor vehicle not referred to in

subparagraph (

i) that only transports children to and from school and school

related activities under a contract with the Crown or a school board, or an

agent of the Crown or a school board, for that purpose;

(3) Paragraph

77(a.1) of the Act is repealed and the following substituted:

(a.1) the coverage by insurance of motor vehicles which are

contracted to the Crown or a school board, or an agent of the Crown or a school

board, in the province for the transportation of students to and from school

and school related activities;

(4) Subsection

178.1(6) of the Act is repealed and the following substituted:

(6) Notwithstanding subsection (5), the operator of a passenger

vehicle designed to carry 6 or fewer passengers in addition to the operator,

under a contract with the Crown or a school board, or an agent of the Crown or

a school board, to carry children to and from school and school related

activities, shall comply with the requirements of subsection (2).

SNL2004 cL-24.1 Amdt.

42. (1)

Clauses 2(1)(f)(v)(

A) and (

B) of the Lobbyist

Registration Act are repealed and the following substituted:

(

A) a trustee elected or appointed to the conseil

scolaire under the Schools Act, 1997 ,

(

B) a director or an assistant director of the

conseil scolaire under the Schools Act, 1997 ,

(2) Paragraph

4(1)(p.2) of the Act is repealed and the following substituted:

(p.2) an officer, a trustee or an employee of the conseil

scolaire elected or appointed under the Schools Act, 1997 ; and

SNL2022 cP-3.02 Amdt.

43. Subparagraph

2(1)(q)(viii) of the Pay Equity and Pay

Transparency Act is repealed and the following substituted:

(viii) the conseil scolaire established or

continued under the Schools Act, 1997 ,

RSNL1990 cP-25 Amdt.

44. Subparagraph

2(d)(

v) of the Private Training Institutions

Act is repealed and the following substituted:

(

v) the conseil scolaire under the Schools

Act, 1997 ,

SNL2014 cP-37.2 Amdt.

45. Subparagraph

2(h)(iii) of the Public Interest

Disclosure and Whistleblower Protection Act is repealed and the following

substituted:

(iii) the conseil scolaire constituted or established under the Schools Act, 1997 , and

SNL2016 cP-41.001 Amdt.

46. Subparagraph

2(q)(

v) of the Public Procurement Act

is repealed and the following substituted:

(

v) the conseil scolaire as defined in the Schools Act, 1997,

RSNL1990 cP-43 Amdt.

Section

4 of the Public Service Commission Act

is amended by adding immediately after subsection (2) the following:

(3) T his Act does not apply to the appointment of those

employees whose terms of employment are governed by the Provincial Collective Agreement

between the Crown, the

Newfoundland and Labrador School Boards Association and the Newfoundland and

Labrador Teachers Association.

RSNL1990 cT-1 Amdt.

48. (1)

Subsection 5(3) of the Teacher Training

Act is repealed and the following substituted:

(3) For the purpose of subsection (2), a teacher includes a

director or an assistant director as defined in the Schools Act, 1997.

(2) Subsection

10(1) of the Act is repealed and the following substituted:

Suspension of certificate or licence

(1) The review panel may suspend for one

year, or a lesser period specified by it, the certificate or licence of a

teacher who,

(

a) while required by contract to teach with the department,

accepts a position with the conseil scolaire without obtaining a written

release from the department;

(

b) while required by contract to teach with the conseil

scolaire, accepts a position with the department without obtaining a written

release from the conseil scolaire;

(

c) having contracted to teach with the department or the

conseil scolaire, terminates that contract before beginning service as a

teacher with the department or the conseil scolaire unless, where special

circumstances arise which the department or the conseil scolaire and the

teacher agree make it inappropriate for the teacher to fulfil the teacher's

contract, the department or the conseil scolaire has given the teacher a

written release; or

(

d) having contracted to teach with the department or the

conseil scolaire terminates that contract without giving to the department or

the conseil scolaire the notice required by the collective agreement,

upon

notification of the circumstances referred to in paragraph (a), (b), (

c) or (

d) being given to the minister by

(

e) the department referred to in paragraph (a);

(

f) the conseil scolaire referred to in paragraph (b); or

(

g) the department or the conseil scolaire referred to in

paragraph (

c) or (d).

(3) Subsection

18(2) of the Act is repealed and the following substituted:

(2) A person who does not hold a certificate or licence

required by subsection (1) may, with the permission of the minister on the

recommendation of either the department or the conseil scolaire, be engaged,

appointed, employed or retained to teach in a school by way of emergency supply

for a period which the minister may prescribe.

RSNL1990 cT-2 Amdt.

(1) Section 2 of the Teachers' Association

Act is amended by adding immediately after paragraph (

a) the following:

(a.1) "conseil

scolaire" means the conseil scolaire as defined in the Schools Act, 1997 ;

(a.2) "department"

means the department presided over by the minister;

(2) Paragraph

2(

f) of the Act is repealed.

(3) Subsection

6(1) of the Act is amended by deleting the words "a school board" and

substituting the words "the department, the conseil scolaire".

RSNL1990 cT-3 Amdt.

50. (1)

Paragraph 2(1)(

e) of the Teachers'

Collective Bargaining Act is amended by deleting the words "school

boards" and substituting the words "conseil scolaire".

(2) Subsection

2(1) of the Act is amended by adding immediately after paragraph (

g) the

following:

(g.1) "conseil

scolaire" means the conseil scolaire as defined in the Schools Act, 1997 ;

(g.2) "department"

means the department as defined in the Schools

Act, 1997 ;

(g.3) "education

committee" means a committee appointed under

section 10 to conduct collective bargaining;

(3) Paragraph

2(1)(

i) of the Act is repealed and the following substituted:

(i) "lockout" includes the closing

of a school, a suspension of work in a school or a refusal by the department or

the conseil scolaire to continue to employ a number of teachers, done to compel

the teachers to agree to terms or conditions of employment;

(4) Paragraph

2(1)(

l) of the Act is repealed.

(5) Paragraph

2(1)(

m) of the Act is repealed.

(6) Paragraph

2(1)(

o) of the Act is amended by deleting the words " a school board in the province" and substituting the

words "the department or the conseil scolaire".

(7) Subsection

4(2) of the Act is repealed and the following substituted:

(2) All teachers shall, whether they are employed by the

department or the conseil scolaire, be grouped in the same unit.

(8) Subsection

6(4) of the Act is repealed and the following substituted:

(4) An

association, the administration, management or policy of which is, in the

opinion of the Labour Relations Board,

(

a) influenced by the department, the conseil scolaire or the

government of the province so that its fitness to represent teachers for the

purposes of collective bargaining is impaired; or

(

b) dominated by the department, the conseil scolaire or the

government of the province

shall not

be certified as a bargaining agent under this Act, nor shall an agreement

entered into between the association and the government of the province and the

education committee be considered to be a collective agreement for the purposes

of this Act.

(9) Section

8 of the Act is amended by deleting the words "school board

committee" wherever they appear and substituting the words "education

committee".

(10) Section

10 of the Act is repealed and the following substituted:

Education committee

(1) For negotiations to be held under this

Act, an education committee shall be appointed by the Lieutenant-Governor in

Council consisting of 7 persons to be selected in accordance with this section.

(2) The

minister shall nominate 3 persons, who shall be employees of the department, to

represent the department on the education committee, one of whom shall be

representative of regions outside of the Northeast Avalon region of the

province.

(3) The

conseil scolaire shall nominate one person, who shall be an employee of the

conseil scolaire, to represent the conseil scolaire on the education committee.

(4) The nomination of the person referred to in subsection (3) shall

be made in writing to the minister by the conseil scolaire.

(5) The

minister may accept for appointment the nomination of the person who is nominated

under subsection (3).

(6) The

President of the Treasury Board shall select a chief negotiator and 2

additional persons to represent the government on the education committee, who

shall not be employees of the department, and shall recommend to the

Lieutenant-Governor in Council the names of the persons to be appointed to the

education committee.

(7) An education committee shall hold office for a period of 2

years from the date of their appointment and persons shall be selected to

succeed them at least 30 days before the expiration of their term of office,

and persons who have previously served on the education committee may be

reappointed to it.

(8) This

section shall apply with respect to the nomination or

selection and appointment of persons to serve on the education committee in

succession to persons previously appointed to it, and the nomination or

selection of the persons referred to in subsections (2), (3) and (6) shall be

made at least 60 days before the expiration of the term of office of the

persons they are to succeed.

(9) Where a member of an education committee refuses to act,

dies, resigns or is, because of disability or for another reason, unable to

act, a person may be nominated or selected and appointed to succeed the member

and this

section shall, with the necessary changes, apply in respect of every

nomination or selection and appointment.

(10) A majority of the members of the education committee shall

constitute a quorum, if it includes at least one member who was selected by the

President of the Treasury Board.

(11) Subsection

11(1) of the Act is repealed and the following substituted:

Negotiation

(1) The

education committee appointed under

section 10 shall have the exclusive right

to conduct collective bargaining under this Act on behalf of the conseil

scolaire and the government.

(12) Subsection

11(2) of the Act is amended by deleting the words "school board

committee" wherever they appear and substituting the words "education

committee".

(13) Section

12 of the Act is amended by deleting the words "school board

committee" wherever they appear and substituting the words "education

committee".

(14) Section

13 of the Act is amended by deleting the words "school board

committee" and substituting the words "education committee".

(15) Section

14 of the Act is amended by deleting the words "school board

committee" wherever they appear and substituting the words "education

committee".

(16) Subsection

19(1) of the Act is amended by deleting the words "school board

committee" and substituting the words "education committee".

(17) Subsection

19(2) of the Act is repealed and the following substituted:

(2) Within

20 days after the receipt of a copy of the provisional agreement, the

department, the conseil scolaire and the appropriate certified or designated

bargaining agent shall notify the President of the Treasury Board in writing

whether or not it accepts the provisional agreement.

(18) Section

20 of the Act is repealed and the following substituted:

Execution of collective agreement

20. Where

the provisional agreement is accepted by the department, the conseil scolaire

and the appropriate certified or designated bargaining agent, it may be

executed and delivered on behalf of the government by the President of the

Treasury Board and the Minister of Education, on

behalf of the conseil scolaire by the representatives of the conseil scolaire

authorized to do so, and on behalf of the teachers by the persons that the

appropriate bargaining agent may designate for that purpose.

(19) Section

22 of the Act is amended by deleting the words "school board

committee" wherever they appear and substituting the words "education

committee".

(20) Section

28 of the Act is repealed and the following substituted:

Provisions binding on department and conseil scolaire

28. Provisions of a collective agreement or of a

decision or award of a board of arbitrators made under this Act which relate

either directly or indirectly to the expenditure of public funds of the

province provided for education are binding on the department and the conseil

scolaire, whether or not the department or the conseil scolaire was represented

on the education committee or is a party to the collective agreement or the

appropriate arbitration.

(21) Section

29 of the Act is repealed and the following substituted:

Provision not binding on department and conseil scolaire

29. A provision of a collective agreement or of a

decision or award of a board of arbitrators made under this Act which is not a

provision referred to in

section 28 shall not be binding on the department or

the conseil scolaire where the department or the conseil scolaire was not a

party to that collective agreement or the appropriate arbitration.

(22) Subsection

31(1) of the Act is amended by

(

a) deleting

the words "school board committee" and substituting the words

"education committee"; and

(

b) deleting

the words "a school board" and substituting the words "the

conseil scolaire".

(23) Subsection

31(2) of the Act is amended by deleting the words "a school board"

and substituting the words "the conseil scolaire".

(24) Subsection

31(3) of the Act is amended by deleting the words "school board

committee" and substituting the words "education committee".

(25) Subsection

31(4) of the Act is amended by deleting the words "A school board"

and substituting the words "The conseil scolaire".

(26) Section

38 of the Act is repealed and the following substituted:

Penalty

38. The department, the conseil scolaire, an

association, a bargaining agent or a person who is guilty of an offence under

this Act is liable upon

summary conviction,

(

a) if

a natural person, to a fine not exceeding $200; or

(

b) in

other cases, to a fine not exceeding $1,000.

(27) Subsection

39(1) of the Act is repealed and the following substituted:

Prosecution

(1) A prosecution for an offence under

this Act may be brought against the department, the conseil scolaire, an

association or a bargaining agent in the name of the department, the conseil

scolaire, association or bargaining agent, and for the purposes of the

prosecution the department, conseil scolaire, association or bargaining agent

shall be considered to be a person, and

an act or thing done or omitted by an

officer or agent of the department, conseil scolaire, association or bargaining

agent within the scope of the officer's or agent's authority to act on behalf

of the department, conseil scolaire, association or bargaining agent shall be

considered to be

an act or thing done or omitted by the department, conseil

scolaire, association or bargaining agent.

SNL2018 cT-4.01 Amdt.

51. Paragraph

2(

w) of the Teachers' Pensions Act, 2018

is amended by adding immediately after subparagraph (ii) the following:

(ii.1) a person who holds a valid and subsisting certificate, grade or

licence not lower than the emergency supply licence issued under the Teacher Training Act and who is appointed

or employed by the Department of Education in a position that requires the

person to hold a valid and subsisting certificate, grade or licence not lower

than the emergency supply licence issued under the Teacher Training Act ;

(ii.2) a person who holds a valid and subsisting certificate, grade or

licence not lower than the emergency supply licence issued under the Teacher Training Act and who is

appointed or employed by the Department of Education in the position of deputy

minister, associate deputy minister or assistant deputy minister, where that

person is a member of the pension plan at the time of their appointment.

SNL2004 cT-8.1 Amdt.

52. Subparagraph

2(l)(iii) of the Transparency and

Accountability Act is repealed and the following substituted:

(iii) the conseil scolaire as defined in the Schools Act, 1997 ,

CNLR 999/96 Amdt.

53. Paragraph

2(

j) of the Ambulance, Bus, School Bus,

Taxi and Commercial Motor Vehicles Insurance Regulations under the Highway Traffic Act is repealed and the

following substituted:

(j) "school contract vehicle" means a

passenger vehicle, designed to carry 6 or fewer passengers in addition to the

driver, under a contract with the Crown or a school board, or an agent of the

Crown or a school board, to carry children to and from school and school

related activities.

CNLR 1000/96 Amdt.

(1) Paragraph 2(

b) of the Bus Regulations

under the Highway Traffic Act is

repealed and the following substituted:

(b) "school

purpose vehicle" means a vehicle owned or

operated or contracted to the Crown or a school board, or an agent of the Crown

or a school board, for the occasional transportation of children to and from

extra curricular school related activities but does not include a motor vehicle

designed to carry less than 7 passengers in addition to the driver; and

(2) Subsection

11(6) of the regulations is repealed and the following substituted:

(6) Passengers

other than

(

a) school

teachers;

(

b) employees

or agents of a school board or the Department of Education while acting in the

course of their employment;

(

c) employees

or agents of the Department of Transportation and Infrastructure while acting in

the course of their employment; or

(

d) members

of a school board while acting in the course of their duties on behalf of the

board

may not be

carried in a school bus while children are being carried in that bus to or from

school or school activity.

CNLR 969/96 Amdt.

Section

3.1 of the Consolidated Orders under

the Public Service Collective Bargaining

Act is repealed and the following substituted:

3.1 The conseil scolaire

constituted under the Schools Act, 1997 is designated as

employing employees within the meaning of the Public Service Collective

Bargaining Act .

NLR 110/98 Amdt.

56. Subparagraph

3(2)(d)(ii) of the Highway Traffic Driver

Regulations, 1999 under the Highway

Traffic Act is repealed and the following substituted:

(ii) passenger vehicles designed to carry 6 or

fewer passengers in addition to the driver, under a contract with the Crown or

a school board, or an agent of the Crown or a school board, to carry school

children to and from school and school related activities

CNLR 1002/96 Amdt.

57. Paragraph

2(o.1) of the Official Inspection Station

Regulations under the Highway Traffic

Act is repealed and the following substituted:

(o.1) "school

contract vehicle" means a passenger vehicle,

designed to carry 6 or fewer passengers in addition to the driver, under a

contract with the Crown or a school board, or an agent of the Crown or a school

board, to carry children to and from school and school related activities;

CNLR 1133/96 Amdt.

Section

2 of the Teacher Certification Appeals

Regulations under the Teacher

Training Act is repealed and the following substituted:

Definitions

2. In these regulations,

(a) "aggrieved

party" means an aggrieved teacher, the

department or the conseil scolaire, and includes an authorized representative

of the teacher, the department or the conseil scolaire;

(b) "conseil

scolaire" means the conseil scolaire as defined in the Schools Act, 1997 ; and

(c) "department"

means the department as defined in the Schools

Act, 1997 .

CNLR 1134/96 Amdt.

59. Paragraph

2(1)(

q) of the Teacher Certification

Regulations under the Teacher

Training Act is amended by deleting the words "section 79" and

substituting the words "section 51.7".

NLR 93/13 Rep.

60. The

Boundaries of School Districts Order,

2013 , Newfoundland and Labrador Regulation 93/13, is repealed.

NLR 95/13 Rep.

61. The

School Boards Dissolution Order, 2013 ,

Newfoundland and Labrador Regulation 95/13, is repealed.

NLR 96/13 Rep.

62. The

School Boards' Offices Regulations, 2013 ,

Newfoundland and Labrador Regulation 96/13, is repealed.

Commencement

63. This

Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

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