Bill 73 (Legislature 14, Session 5)

L14 S5 1812

Alberta — Bills

v No. 73 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 73 A Bill to amend The School Act HON. MR. AALBORG Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1963

Explanatory Note

Section 95, subsection (2) presently reads: "

(2) The trustee, if any, elected by the dJistrict rut larg-e to the first board of a consolidated school di.Sftr1iot shaJJl bold offioe until the first annual meeting lloLlowing the election.". This amendment in conjunction with the amendment to

section 99 will increase the term of office of a trustee at large from 1 to 2 years.

Section 99 presently reads: "99

(1) A pel"Son elected as a trustee of a CIOnsolidaited sohool ddstrlct to fila the position of .a trus'too whose te~m of office OOS expired shall hold of1iiee fur a term of two years from the date of the next ~gamiz aMon mooting of the board.

(2) NotWliJth,':!Itandiing subsection (1), the addiltJional t~UJSltee eleeted by the district at large under subsection (2) of

section 83 shall hold office for a term of one yeRl1'.". See n()lte to cl'ause 2 of this Bill. 4. Sections 104 and 105 are revised to remove property quali fications fOT electors in rural village and consolidaied school dis tricts. Sections 104 and 105 presently read: "104. The following perslOll1S are entitled to vote wt an eil:eotion in a proposed district, other than a proposed sepaM.lte sohJool distrdot, (

a) a Canadian cirtiz·en or a British subjeet of the fwLl age of twenty-one years who ts a resident of the proposed distmClt, and who (1) is the owner of propel'lty in the propiOSed distrlot that, if the dLstrict were estabHshed, would be liab~,eto assessment for school purposes, (H) ,i,s the teIllant of property in the proposed dJLstrLct and tha.t would then be liable to assessment for scbOO'! Plll'lPOseB, (iii) Ls under an agriculturaJ. lease issued under The PublJlic Land,s Act, the tenant of propeTlty in the proposed dJistrlct, Oil" (iv) is the le,asee from the Crown of pr.opeJ:'!ty in a special area. and in the PIIOPosed district; (

b) the husband, wife, son, daughter, fath~ or motlter of any person deSICribed in clause (

a) if the husband, wife, son, daughter, fruther or IDOitJher is a Ca;ndaiLioan oitizen or a Brittish s.ubject of the full age of twenty-one years and a resident of the proposed. &~~ , 105. The following persoIllS are entitled to vote a.t an e'leotion in a.n estabLished district other than a town or clity district: (

a) a Canadian cLtizen or a Briltish subject of the full Q.gIe of twenty-one years who is and has been a. resident of the district for a periDd of not le·ss than six months, and who (i) ;is the owner of propeI1ty in the distrl.ct liable to 3.S'8essment for schlQOl ptlil'pOSes, (

H) ds the tenant of property in the district liable to aB'sessment for schoOiI PUJl'POSe8, (iii) is, undeT an agricultural lea;se issued under the proVlisions of The PubI.ic Lwnds Act, the tenant of propemy in the district, or (iv) is tl.te lessee from the CI10wn of prope,J:'!ty in a speciail area a.nd in the distdot; (

b) the husband, wife, son, daughter, fa-ther or IrlIOItber of any pel'SlOn descrihed in. c1au~ (

a) if ~he h~~ba.nd, wife,. ~n, daughter, fruther or mother l'S a Canadl'an Ol'tlzen or a Brl1Jisih subject of the full age of twe'll'ty-one yeal'ls and a resident of the established district ....

BILL No. 73 of 1963

An Act to amend The School Act (Assented to , 1963) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The School Act, being

chapter 297 of the Revised Statutes, is hereby amended.

Section 95, subsection (2) is amended by striking out the words "first annual" and by substituting the words "second annual".

Section 99 is amended by striking out subsection (2). 4. Sections 10.4 and 105 are struck out and the follow ing sections are substituted: 104. The persons who are entitled to vote at an election in a proposed district, other than a proposed separate school district, are Canadian citizens or British subjects who are twenty-one years of age or over and who reside in the district. 105.

The persons who are entitled to vote at any election in an established district, other than a town or city district, are Canadian citizens or British subjects who are twenty one years of age or over, who reside in the district, and who have resided therein for at least six TIlonths immediately preceding election day.

2 5. SedHon 116 is rev:ised with respect to proper1ty qUaillifiClati..ons :fOT candidates for truS'tees in non-divisional rural, vill'age and con solidated school districts. Subsection (1) of

section 11'6 presently reads: "116.

(1) At the electors' meeting in a rural, village or consolidated district any two eJeotors of the district may nominl3;te for el,ectilOn as trustee. a ,I?erSion who i,s an eleetor of the district and able to read and wnte ..

Section 133 deals with nominations for divisional trustees. Subsections (2) and (4) presently read: "

(2) The nomination is valid only if it is signed by at leas't five elect{H'S of the subdivision, other than the nominee.

(4) Only an elleotor of the subdivis:i'on who is able to' read and write shall be a nominee.". 7. Subsection (1) of

section 184 presently reads: "184.

(1) The board of a cilty district shall emp,loy rut Jeast one physidJan who Is a member of the CoHege IOf Physli.'cians and SurgleOns of the PTIOvi,nce of Alberta to insp·ect or supervise the inspeCition of pup.ils of each school in the diSitriot at least once during each school term, under such regulatoions as may be made by the Department.". 8. The School Buildings AS'sistance Act was repealed in 19162 and

section 228 is amended to remove a now meaningless refer ence to it.

Section 116 is amended by striking out subsection (1) and by sUbstituting the f.ollowing: 116.

(1) A person is qualified to be nominated and elected as a trustee in a divisional rural, village or con solidated district if he is an elector of the district who can read and write. ( la) A person is qualified to be nomina ted and elected as a trustee in a non-divisional rural, village 'or consolidated district if he is an elector of the district who can read and write and if (

a) he is (

i) the owner or lessee of land in the district sub ject to assessment for school purposes, or (ii) the lessee under a lease issued pursuant to The Public Lands Act of land in the district, or (iii) the lessee under a lease from the Crown of land in a special area and in the district, or (

b) he is the husband, wife, son, daughter, father or mother of a person referred to in clause (a). (lb) A nomination shall be made at the electors' meeting and may be made by any two electors of the district.

Section 133 is amended (

a) by striking out subsection (2) and by substituting the following:

(2) The nomination is valid only if signed by at least five electors of districts within the sub division, other tha.n the nominee. (

b) by striking out subsection (4) and by substituting the following:

(4) A candidate for trustee in a subdivision shall possess the same qualifications as those for a trustee in a non-divisional district as provided in subsection (la) of

section 116 or, if he is resident in a town, those provided in

section 110 in respe'ct of town districts.

Section 184 is amended by striking out subsection (1) and by substituting the following: 184.

(1) The board of a city district shall employ at least one physician who is a member of the College of Physicians and Surgeons of the Province of Alberta to inspect and supervise the inspection of pupils of each district.

Section 228, subsection (1), clause (

a) is amended by striking out the words "exclusive of any grant pursuant to The School Buildings Assistance Act,".

Section 239 provides that a poll of the proprietary electors for and against a by-law authorizing debenture borrowing may be demanded. Subsection (2) presently states: •• (~) The demand for a poll shall be in writing and shaU be signed (

a) in a d~srtrlct other than a city dilStrlct, by fifty proprietary eleotors or by five per cent of the proprietary cl,oooom, which ever is the lesser numher, (

b) in a cLty dlS1Wict, by one hundred proprietary eJectiom or f~ve per cent of the pI"oprietary eJectors, whichever is the lesser number, and (

c) in a divLston, by (.1) five pooprn6ltary electors, or (it) :Ili>f,ty per cent of the proprietary electors, whichever is the le,sser number, of each of at least twenty p'er cent of the cHstrncts in the division.". The amendment will increase the minimum number in city dis tricts to 1,000 proprietary electors.

Section 289 provides that a company that ~as assesS!a~le property in a district where a separate school eXIsts may gIve notice requiring that a percentage of the property be assessed for sepa'rate school purposes.

Section 2,90, subsection (2.) states: "

(2) The notice shaM be given on or before the first day of November and shaH become effective on the 1lol!lowing ,tMI'Ity-fimt day of Deoember.". II.

Section 293 provides that where a company does not give notice under

section 289 (see note to clause 9 above) the separaJte school board may give notice f.or the same purpose.

Section 293, subseotion (3) presently reads: "

(3) The notice shall be given on or before the first day of December and shall become effeotive on the foUow,ing thirty-fd.iI'st day of December and shaJl remain in effect ucrl1til the company gives a notice in RICCIOrd ance with sections 289 and 290, or a notice under SUbsection (4).".

Section 309, subsection (2.) presently reads: "

(2) In tbe case of isolated familie's, o,r in Qlthe·r specirul ciroumstances, a board thrut is required to proViide conveyance for a pupil may do so by making an agreement with the parent or guardian of the pupdl wheI"eby the parent or guardian (

a) will convey the pupil to and from school or the bUiS roUJte and receive payment therefor fI10m the board at a raAle not exc,eed,ing 0,) twenty-five e<ents for each milLe of the distance betwe,en the reSiidence of the parent or guardian and the schQol or bus route, or (Iii) two dol[ars p,er family p·er day, whiC'hever is the lesser, or (

b) Wlill provide for the ruttendanc·e of the pupil in any other suitable manne·r and receiv·e paymenlt therefor from the board at a rrute not exceedIng one dollar and twenty-five cents per pupil per day.". 13. The se'c'tioTiis preceding

section 323 make provision for the payment of fees where a pupil attends a school in a division or non-divisional district in which his parent or guardiian does not reside.

Section 323, subsections (1) and (3) presently re.ad: "323.

(1) The fee payab},e in any year by a pat'ent or guardd.am shall be reduced by the amount of the schooJ tax, if any, that i's levied with respeot to prop·eI1ty alSiseSised in the name of the parent or guardian within the d:LSltrict or division in which the pupil is in ruttendance.

(3) Where the parent or guardlian relsides in unorganized temtion and on land not in an Indian Reserve, then, (

a) for insrtruction in grades one to nine inclusive, (

i) rthe parent or guardian shall pay two doUiam p-er month on behalf of all the pupils in Ms familly, and (1.1) the Minisrter shall pay the balance of the fees chargeable und,er tMs Part, and (

b) for insrtruction in grades above the ninth, (

i) the Mi:n'iSlter shall pay the tees chargeable to an amount nlOlt exceeding ed.g1lrty doll-ars per pupil peT year, and (

H) the parent or guard,ian shall pay the baJ.a.llIce of the fees chargeabll:e under vh1,s part.".

Section 239, subsection (2) is amended (

a) by striking out the words "in writing" and by sub sriJituting the words "in such form as is prescribed by the MhIlister", (

b) a1s to clause (

b) by strikJing out the words "one hundred" and by subSltitmting the words "one thous1and" .

Section 290, subsection (2) is amended by striking out the word "November" and by substituting the word "December" .

Section 293, subsection (3) is amended by striking out the word "first" and by substituting the word "fifteenth" .

Section 309, subsection (2) is amended by striking out clause (

b) and by substituting the following: (

b) will provide for the attendance of the pupil in any other suitable manner and receive payment there for from the board at a rate not exceeding one dollar and seventy-five ceI}.ts per pupil per day for each day the pupil is necessarily provided for.

Section 323 is amended (

a) by striking out subsection (1), (

b) by striking out subsection (3) and by substituting the following:

(3) Where the parent or guardian resides in un organized territory and on land not in an Indian Reserve, then for instruction in grades above the ninth the Minister shall pay the fees chargeable under this Part to an amount not exceeding thirty five dollars per pupil per year, and the parent or guardian shall pay the balance of such fee, or any other fee chargeable under this Part.

Section 331, subsection (2) presently reads: "

(2) No permanent certificate shall be issued to any pers'on who is Thot a British subject.". The subsection is amended to make the language consistent with other sections of the Act.

Section 3,63 is revised to cLarify sick pay.

Section 36,3, sub sections (1) to (3) presently read: "363.

(1) A teacher Wl:lO is absent from school to obtain necessaTY medical or dental treatment or beoause of aCCIident, disability, or sickness is enttiltled to his salary during such ahsence.

(2) The teacher is ThO't elliUtled tn salary under this secltion for moOre than twenty days in an entire school year.

(3) If the teacher has rendered service foOl' le80s than two hundred days in a school year, he may claim salary under this s'ectioOn for a number of days nOit to ex·ceed the number of day's he might be abseTht for the reasons set out in subsection (1) bearing the sam,e I'e~.a.til()n to twenty as the number of days of service bears to one hundred and eighty.".

Section 378 is revised to give greater flexibility to opening and closing times of schools.

Section 378 presently reads: "378.

(1) School shall be held from nine o'olock until twelve o'·cll()ck in the foreThoO'n and, at the di,scretion of the board, either from half past one 0'c1ock until four o'o1Oock or from Oone o'clock until haI.f-paslt three o'CiLock in the afternOoon.

(2) Tho bOlard may alter the hours of opening and clo,sing in a schOool, f~es'~f~f~et~,~. schocl hours, up/on rece,iving the permisls~on in writing Oof

Section 331, subsection (2) js amended by adding immediately after the words "is not a" the words "Canadian ci tizen or".

Section 363 is amended by striking out subsections (1), (2) and (3) and by substituting the following: 363.

(1) A teacher who is absent during the school year for necessary medical or dental treatment or because of accident, sickness or disability is entitl~d to receive his salary for the number of days absent prescribed by this section.

(2) A teacher who has taught one hundred and eighty days or more during a school year is entitled to receive his salary for a maximum of twenty days' absence in the school year.

(3) A teacher who has taught less than one hundred and eighty days during a school year is entitled to receive his salary for the number of days that is the lesser of (

a) the number of days he was absent, or (

b) the number of days that bears the same relation to twenty as the number of days taught bears to one hundred and eighty. (3a) For the purposes of this section, the number of days taught by a teacher shall be calculated according to sub section (4) of

section 362 excepting those days referred to in clause (

f) of that subsection.

Section 378 is struck out and the following

section is substituted: 378.

(1) A school board shall determine the hours of opening and closing and intermission time in schools under its jurisdiction but (

a) in no school shall there be less than three hundred minutes of classroom instruction a day, exclusive of time for class movements or other intermissions, and (

b) no teacher shall be required to give more than three hundred and thirty minutes of classroom instruc tion in any day.

(2) The Minister may authorize a board in writing to re duce the number of minutes of classroom instruction pre scribed in subsection (1).

Section 402 is revised to make it apply to the permitting of a child to work on one's premises as well as to the employment of a child.

Section 402 presently reads: "402. No pers'on sball ductng scihool hOUI1s employ a chJilld required to attend scruool under thli.s Part whiile the sohOlOlI tha.ot the child ha!s the right to attend or trua..t he Is directed to atJtend tiS in ()pemrt:dolIl, unless the child has a valid exemption from attendance, and any such emplJoy menlt is subject to the provisiOlns ()f 'l."he Albevta Labour Act.".

Section 403 is amended to relate its provisions with

section

Section 403 presently re'ads: "403.

(1) When the services of a child are required (

a) in hushandry, (b) ··:in urgent and necessary household duties, or (

c) for the neoessary maintenance of the ohild or Qf some person dependent upon him, the parent or guardian of the child may apply floc a certificate exempting the child from attendance rut school.

(2) The applicakion, setting forth the rea:sons therefor, Sihall be made in wI'Titing tlO the principal of the school atJtended, who may issue a certificate, subJect to approval by the Supenntendent Qr inspector of schools, exempting the child, if he is of the full age of twelve years or Olver, fl10m attendance at school for a period not exceediing three weeks during each term.

(3) In case Qf a refusal by the principal, superintendent or inspeotor of schools, to !lIpproV'e the appllica1lion, wholly Qr in part, the parent :may appera:l to a magistrate or judge of a juvenJi'le OOUN, who may approve the applioatI()n or rulter the oondttOOns of the exemptlion issued by the principal. See also note to clause 17 of this Bill.

Section 433 presently provides a penalty for employing a child contrary to

section 402. The proposed new subsection will provide a penalty to accompany the prohibttion added to

section 402 by clause 16 of this Bill. 20. Commencement of Act.

Section 402 is struck out and the following

section is substituted: 402. No person shall, during school hours, (

a) employ, or (

b) permit to work on his premises, a child required under this Part to attend school, while the school that the child has a right to attend or that he is directed to attend is in operation.

Section 403, subsection (1) is amended by striking out the word "When" and by substituting the words and figures "Notwithstanding

section 402, when".

Section 433 is amended by renumbering the

section as subsection (1) and by adding immediately after the re numbered subsection (1) the following:

(2) A person who permits a child to work on his premises in contravention of

section 402 is guilty of an offence and liable on

summary conviction to a fine not exceeding twenty dollars for each offence. 20. This Act comes into force on the day upon which it is assented to and upon so coming into force clause (

b) of

section 13 shall be deemed to have been in force at all times on and after the first day of September, 1962.

No. 73 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to amend The School Act Received and read the First time ..... Second time Third time HON. MR. AALBORG Title: 1963 (14th, 5th) Bill 73,

An Act to amend The School Act

Document details

Collection	Alberta — Bills
Citation	L14 S5 1812
Type	bill
Volume / chapter	L14 S5 1812
Language	en
Format	json
Source	PROVINCIAL
Identifier	f94c7ce66f09863b2397d201f4c418c687d42a70

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