Bill 25 (Legislature 11, Session 4)

L11 S4 6936

Alberta — Bills

Bill No. 25 of 1951 A BILL RESPECTING SCHOOLS NOTE. This Bill repeals The School Act, being

chapter 175 o.f the Revised Statutes o.f Alberta, 1942, and enacts a new Act in its stead to. be cited as "The School Act, 1951". The Sr-hool Tnxa.tion .4ct, being

chapter 176 o.f the Re vised Statutes o.f Alberta, 1942, and The School Attendance Act, being

chapter 178 o.f the Revised Statutes o.f Alberta, 19,12, are also. repealed and t.heir pro.visio.ns have been in co.rpo.rated in this new Act. The Act has been rearranged with a view to. assembling to.gether all provisi'Ons deal~ng with any particular subject that is dealt with. In addition t'O trying to. impro.ve the o.rder and sequence 'Of Parts and secti'Ons many individual sectio.ns have been reworded in o.rder to. clarify Dr simplify them. The new Bill dDes nDt make any substantial changes in the principles o.r in the law go.verning schools and their adminis tratio.n.

H'Owever, there are a number o.f mino.r substantive changes in individual sections and provisions. Copies of the draft have been studied by the Alberta rreachers' AssDciation and by the Alberta SChODI Trustees' Association. Re,presentatives o.f these two Drganizations met with o.fficials 'Of the Department of Education and discussed these drafts in detail. Several o.f the changes and modifica tions in the Bill resulted from suggestions made during these discussions. The Bill has been divided into. fifteen Parts.

Part I co.n tains the provisions dealing with the constitution of dis tricts and divisio.ns. It deals with such matters as the establishment of districts and divisiDns, ho.undaries, names and numbers of districts o.r divisiDns, inclusio.n agreements, dissolutio.n Df districts and matters of a similar nature.

Part II deals with meetings of electors. It contains the sections relating to. first schoo.I meetings, annual meetings and special meetings.

Part III is entitled "Bo.ards of Trustees." It deals with constitution of bGards, tenure o.f office, Gusting from office and things o.f a similar nature. p.art IV governs the electiGn of trustees. It estab lishes the perSDns who. 'are entitled to. vote and to be elected as t r u s tee s. This Part sets out the

11 provisions gGverning annual elections in the various types of districts and divisions. The procedure in case of con tested elections is set out in this Part. The filling of vacan cies and the tenure of trustees filling these vaeancies is also provided fGr.

Part V deals with meetings of boards of trustees. The times and notices of meetings are dealt with as well as the procedure to be followed at meetings.

Part VI deals with the powers and duties of boards of trustees and their officers. The general powers and duties of non-divisional districts and divisions are set out first. These are followed by certain additional POowers that are enjoyed by various types of districts or divisions. The duties of .officers of boards, such as the chairman, the secretary and the treasurer, are then set out.

Part VII deals with school sites, buildings and other school property. It deals with such things as the acquisition of sites, expropriation, the erection of school buildings and so forth.

Part VIn deals with borrowing powers. It covers short term borrowing, whether for current or f.or capital pur poses, as well as debenture borrowing. It fixes the re quirements for debenture by-laws, prOovides for polls of proprietary electors and governs' the issue, sale and refund ing of debentures.

Part IX governs requisitions, levies and collection of taxes. The Part sets out the procedure to be followed in the making of estimates and requisitions by bOoth districts and divisions. It also contains the provisions relating to districts collecting school taxes that were formerly contained in The School Taxation Act which it is considered necessary to retain. Provisions relating to separate school assessments also appear in this Part.

Part X deals with the conveyance and maintenance of pupils.

Part XI deals with the education of non-resident chil dren. This Part pres,cribes the conditions governing the admission of non-resident pupils and prescribes the fees chargeable for the instruction they receive.

Part XII contains the provisions relating to the appoint ment 'and employment of teachers. It deals with their Clualifications and the types of contracts that may be entered into. The procedure is also set .out for the termination of contracts. The provisions relating toO the transfer, suspen sion and dismissal of teachers are also found in this Part as well as the provisions relating to the Board of Reference. The sections rel'ating to the payment of teachers, the duties and powers of teachers and the provisions respecting principals, vice-principals and assistant principals are also found in

Part XII.

Part XIII deals with the c.onduct .of schools. It covers such subjects as school hours, vacations and holidays, the lan~

iii guage to be used, patriotic and religious instruction and kindergarten and night classes.

Part XIV dealing with school attendance contains the provisions that formerly appeared in The School Attendance Act. It provides for compulsory attendance, sets out the exemptions from attendance and deals with the employment of school-age children.

Part XV deals with penalties and miscellaneous pro visions. For convenience 'Of reference the Parts into which the Act is divided and the headings under which the subjects in each P,art are classified are set 'Out in

section 3. By referring to this

section you can find the ~nproximate location and the

section number of the subject matter in which you are in terested. Except for the following sections the Bill comes into force on the first day 'Of July,

Section 137, subsecti'On (2) authorizes an elector to cast his vote at any poll in the sub division and this procedure was, appr'Oved by 'Order in coun cil effective on the first day 'Of January, 1951, subject to the making of this subsection of the Bill retr'Oactive to that date. Similar provision is made with respect to

section 243, subsection (3). Sections 282 'and 450, giving a city district the powers of a city under The City Act or under its city charter, as' the case may be, with respect to sinking fund debentures, are also made retroactive to the first of January, 1951. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 25 of 1951.

An Act Respecting Schoois (Assented to , 1951.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This Act may be cited as "The School Act, 1951".

Interpretation. Shor,t title 2. In this Act, unless the context otherwise requires,- I?-terpreta ( a) "board" means the board of trustees of a district or ~.~::ard" of a division; (b) "city district" means a district situated wholly or in "city part within the limits of a city; district" (c) "consolidated school district" means a consolidated "consolidated school district heretofore established according to ~~f~~t" the provisions of The School Act or any other Act or ordinance res,pecting schools in force in the Province at any time; (d) "Department" means the Department of Education; "Dep;;rt- "d" t " t" hId" t " t ment (

e) IS rIC means a sc 00 IS rIC ,- "district" (

i) formed or established according to the pro visions of The School Act or any other Act or ordinance respecting schools in force in the Province at any time; or (ii) established pursuant to

Part I; (I) "division" means a school division,- "division" (

i) constituted according to the provisions of The School Act; or (ii) constituted under

Part I; (u) "divisional district" means a district included in a "divisional division; d:istrtict" (h) "elector" means a person entitled to vote pursuant "elector" to

Part IV; (i) "farm land" has the same meaning as in The Assess- "farm land" ment Act,· (j) "flag" means the Union Jack or such other flag as "flag" may be adopted by Canada; (k) "guardian" means a person who has a child residing "guardian" with him and who isl -

"hamlet" "inspector" "judge" "Min~steI'" "municipal- ity" "non- divisional (llistJ'lct" "owner" ~'patrio~ic exercise" "propriE';ta ry elector" "Protes- tant" "Protestant school district" "resident" "Roman Catholic school district" "rural district" "salary schedule" "school" 2 (

i) a guardian appointed by deed or will of a deceased parent; or (ii) a guardian appointed by an order of a court under the provisions of The Domestic Relations Act; or (iii) any person in whose eare a child is placed under the provisions of The Child' Welfare Act; (

l) Hhamlet" means,- (m) (n) (0) (p) (q) (r) (s) (t) (u) (V) (w) (X) (y) (z) (aa) (

i) an area of land subdivided into lots and blocks as a townsite, a plan of which is registered in a Land Titles Office; or (ii) an area declared by an order of the Minister to be a hamlet; "inspector" means a school inspector appointed under this or any other Act; "judge" means a judge of the District Court having jurisdiction in the judicial district in which the district or division is wholly or mainly situated; "Minister" means the Minister of Education; "municipality" means any city, town, village, mu nicipal district, improvement district or special area; "non-divisional district" means a district not in cluded in a division; "owner" means a person who is registered under The Lands Titles Act as the owner of land; "patriotic exercise" means

an act, performance, entertainment, programme or exercise, whether par- ticipated in by the pupils Dr not, which is designed to instruct the pupils in the principles and ideals of patriotism; "proprietary elector" in a district or division means an elector who is liable to assessment and taxation for school purposes in respect of property situated in the district or division; "Protestant" includes any person who is not a Roman Catholic; "PrDtestant school district" means a divisional dis trict in which a majority of the electors are Protes tants; "resident" means, with respect to a district, a person who has in that district his regular or principal place of residence; "Roman Catholic school district" means a divisional district in which a majority of the electors are Roman Catholics; "rural district" means a district, no part of which is within the limits of a city, town or village, other than a summer village-; "salary schedule" means a salary

schedule adopted by a board pursuant to

section 355, subsection (1) ; "school" means a school of a district or division established or constituted under this or any other

(bb) (cc) (dd) (ee) (If) (gg) (hh) ( ii) (jj) (kk) 3 Act or ordinance respecting schOoOols in force in the PrOovince at any time or any classrOoOom thereof; "schOool building" means a building owned Oor "school occupied by a district Qr divisiOon and includes a building" building Oowned or occupied jointly with a munic- ipality or with another district or division and in- cludes any s,chool, auditorium, gymnasium, dormi- tory, teacherage, divisional or other office, garage, barn, sewage disposal plant or other building owned or Ooccupied, or proposed to be owned or occupied by a district or division: "secretary" or "treasurer" includes secretary-treas- "secretary" urer ; ~rreasurer" "substitute teacher" means a teacher employed on "substitute a day tOo day basis and paid at a per diem rat.e, to teacher" provide service in any classroom which is tempor- arily without a teacher; "superintendent" means a schoOoI superintendent "superin appointed by a board oOr by the Minister under this tendent" Act; "teacher" means a person holding a permanent or ",teacher" tempOorary ,certificate of qualification as a teacher issued by the Minister under The Department of Education Act; "temporary teacher" means a teacher employed by "temporary a board under a written contract in which he is so teacher" designated either,- (

i) to replace a teacher who is absent from his duties for a period of at least twenty teaching days; or (ii) to fill an unexpected vacancy lasting for at least twenty teaching days during a school year; "town district" means a district situated wholly or ~~°ftr: t" in part within the limits of. a tOown; IS Ie "trustee" means a member of the board; "trustee" "unOorganized territory" means a part of the Prov- "un~r-d ince which has not been included in a district; ,f:~:i~~rY''' "village district" means a district situated wholly "yill~g~, or in part within the limits of a village, other than dIStrict a summer village.

Division of Act. 3. For convenience of reference only, this Act is divided Divtifn into Parts and classified under the following headings: of C Part

Section 1. CONSTIT'UTION OF DISTRICTS AND DIVISIONS ................................................ . Establishment of Public SchoOoI Districts Establishment of Separate School Districts ............................................. . Union of Public and Separate SchOool Districts ................................. . 4-46 4-8 9-16 17-18

Part 4 Boundaries of Districts ............................. . Names and Numbers of Districts .......... .. Constitution of School Divisions ............ .. Alteration of Name or Number of Division or Subdivision ................... . Disposition of Assets and Liabilities of Districts Included in a Division ........ Alteration of Boundaries of Districts and Divisions .................................... .. Settlement of Assets and Liabilities Following Inclusions, Exclusions or Transfers ...................................... .. Agr~ment .f~r.

Inclusion of a District In a DIVISIon ..................................... . Exclusion Relating to Religious Instruction ......................................... . Dissolution of District ............................ .. Publication in The Alberta Gazette ....... .

Section 19 20-22 23 24 25 26-30 31 32-41 42 43-45 46 II. MEETINGS OF ELECTORS .................. .. 47-73 47-49 50-56 First School Meetings ............................. . Election and Functions of Chairman .... .. Nomination and Election of Trustees in a Proposed District ............................. . AnnuallVleetings in Non-divisional Districts ............................................. . Town and City Districts .................. .. Rural, Village and Consolidated Districts ..................................... . Annual Meetings in Divisional Districts Deferred School Meetings ....................... .

Special Meetings ...................................... .. Annual Meetings in Subdivisions .......... .. III. BOARD OF TRUSTEES .......................... .. Constitution of Boards ............................ .. District Boards .................................... .. Divisional Boards ................................ .. Rural and Village District Boards ....... . Town and City District Boards .......... .. Consolidated District Boards .............. ..

Boards for Divisional Districts 57-58 59-69 59-60 61-69 70 71 72 73 74-103 74-84 74 75 76-78 79-81 82-83 Having Centralized Schools .............. 84 Resignation of Trustees ............................ 85 Disqualifica tion of Trustees .... ................ 86-87 Prohibited Transactions ............................ 88 Ousting of Trustee from Office................ 89-92 Tenure of Office ...... ...................... ...... ...... 93-103 IV.

ELECTION OF TRUSTEES .................... 104-158 Persons Entitled to Vote ............................ 104-107 Secret Ballot ...... .................................... ...... 108 Annual Elections in Town and City Districts .............................................. 109-114 Annual Elections in Rural, Village and Consolidated Districts ........................ 115-131

5 Part

Section Annual Elections in Divisions .................. 132-145 No·minati,'Ons ............................................ 132-135 Electi'Ons .................................................. 136-145 Contested Elections and Meetings .......... 146-147 Rural and Consolidated Districts ........ 146 City, Town and Village Districts and Divisi'Ons ...................................... 14'1 Declaration of Office ................................ 148-149 Districts .................................................. 148 Divisions .................................. ................ 149 Elections t'O Fill Vacancies in Boards ,'Of Trustees .... ................ ................. ..... 150-155 Tenure 'Of Trustee Filling Vacancy...... 150 Vacancies in Rural, Village and Consolidated Districts ...................... 151-152 Vacancies in Town and City Districts 153 Vacancies in School Divisions .............. 154-155 Powers of Minister .................................... 156-158 V.

MEETINGS OF THE BOARD ................ 159-172 Organization Meetings in Districts ........ 159-161 Organization Meetings in Divisions ........ 162 Times and Notices of Meetings ................ 163-166 Procedure at Meetings .............................. 167 -172 VI.

POWERS AND DUTIES OF BOARDS OF ,,' TRUSTEES AND THEIR OFFICERS .... 173-210 Powers and Duties of Non-divisional Districts and Divisions ...................... 173-182 Relating to Administrati'On .................. 173-176 Relating to Instruction .......................... 177-178 Relating t'O School Management and Discipline .................................... 179-180 Miscellaneous Powers and Duties ........ 181-182 Additional Powers and Duties of Town and City Districts and Divisions ...... 183 Additional Powers and Duties of City Districts .............................................. 184-185 Additional P'Owers and Duties of Divisi''Ons .............................................. 186-189 Powers of the; Board of a Divisional District ................................................ 190 Duties of Officers of Boards .................... 191-193 The Chairman .................... .................... 191 The Secretary.......................................... 192 The Treasurer ........................................ 193 Bonding of Treasurer ................................ 194~195 Contracts with Employees Prohibited .... 196 Superintendent 'Of Divisi'On ...................... 197 Superintendent of District ........................ 198 Returns and Audits .................................... 199-210 VII.

SCHOOL SITES, BUILDINGS AND OTHER PROPERTy .................................. 211-229 General P'Owers ofB'Oards ........................ 211

6 Part

Section Acquisition of Sites .... ............ .................... 212-215 Powers of Compulsory Acquisition .......... 216-221 Powers of Board Respecting School Buildings ................................ 222-226 Erection of School Buildings by Contract 227 Erection of School Buildings by Day Labiour ............... ............ .......... ............. 228 Temporary School Buildings ................ .... 229 VIII.

BORROWING POWERS ............................ 230-282 Short Term Borrowing for Current Purposes .............. ............ ........ ............ 230-231 Short Term Borrowing for Capital Purposes ............................................. . General Provisions Relating to Short Term Borrowing ............................... . Debenture By-law ................................... . Expenditures Prohibited Unless Debentures Authorized ..................... .

Notice of Intention to Apply for 232 233 234 235 Authority to Borrow by Debenture.. 236-237 Poll of Proprietary Electors ......... ........... 238-240 Conduct of Poll in Town or City Districts 241 Conduct of Poll in Other Districts and Divisions .................... 242-254 Scrutiny or Recount in Divisions and in Districts Other than Town and City Districts ..................................... . Issue of Debentures ............................... ... Sale of Debentures ................................... . Refunding Debentures ............................... . Special Powers of City District ............... .

IX.

REQUISITIONS, LEVIES AND 255-258 259-273 274-275 276-281 282 COLLECTION OF TAXES ........................ 283-305 Estimates by Districts ............................... 283 Requisitions by Districts ........ ........ .......... 284-285 Special Provisions Applicable to Separate School Districts ..... ............................. 286-295 Estimates by Divisions .............................. 296-297 Requisitions by Divisions .... ........ .............. 298-300 Payment of Requisition ............................ 301-302 References by Municipalities .................... 303 Districts Collecting School Taxes ............ 304-305 X.

CONVEYANCE AND MAINTENANCE OF PUPILS .... .................... .. ..... 306-312 Conveyance within District .... ...... ...... ...... 306 Conveyance of Pupils in Grades I to IX 307-308 Conveyance of High School Pupils ..... ..... 309 General Provisions Relating to Conveyance .......................................... 310-312 XI. EDUCATION OF NON-RESIDENT CHILDREN .................................................. 313-327 No Fees Chargeable to Residents ............ 313 Admission of Non-Resident Pupils .......... 314 Fees for Non-Resident Pupils .................. 315-321

7 Part

Section Higher Fees in Certain High Schools ...... 322-323 General Provisions Relating to Fees ...... 324-327 XII.

THE TEACHER ........ .................. .............. 328-372 Power of Board to Appoint Teachers ...... 328 Qualifica tion of Teachers .......................... 329-330 Teachers' Contracts .................................. 331-335 Termination of Contracts ............ .............. 336-341 Temporary and Substitute Teachers ........ 342-343 General P~ovisions Relating to Contracts of Employment ............. < .. 344-345 Transfer of Teachers ................................ 346-347 Suspension and Dismissal........................ 348 Board of Reference ............................. ....... 349-354 Payment of Teachers ................................ 355-364 Duties and Powers of Teachers ................ 365-366 Principals, Vice-Principals and Assistant Principals .......................... 367-371 Teachers' Associations ........................ ...... 372 XIII.

THE CONDUCT OF SCHOOLS ................ 373-394 School Year and School Hours .................. 373-377 Vacations and Holidays .................... ........ 378-381 Language to be Used ................................ 382-384 Patriotic Instruction ................................ 385-386 Religious Instruction ................................ 387-391 Kindergarten Classes ................................ 392-393 Night Classes .............................................. 394 XIV.

SCHOOL ATTENDANCE ........................ 395-413 Compulsory Attendance ...... ...................... 395-396 Exemptions ...... ...... .......... ...... .................... 397-398 Employment of School-Age Children .... 399-400 Attendance Officers .................................. 401-404 Enforcement of Compulsory Attendance 405-413 XV.

PENALTIES AND :MISCELLANEOUS PROVISIONS .............................................. 414-451 Off.ences and Penalties .............................. 41·4-433 Executions Against Districts and Divisio,ns .............................................. 434-440 Orders and Proclamations ........................ 441-444 Mis1ceUaneous Provisions ......... ...... ........... 445-452

PART I CONSTITUTION OF DISTRICTS AND DIVISIONS Establishment o,f Public Schoo,. Districts. 4.-

(1) The Minister, by an order in writing, may estab- Establish lish any portion of the Province as a public school district. ~:r:iC~f by

(2) The Minister shall appoint an official trustee of the ~i~li.ster of district who, on receipt of instructions from the Minister, fi~s;ng shall call a meeting of the electors of the district to elect ~~i~i~lg bY trustees. trustee

Conditions for estab lishment of district Petition to establish district 8 5.-

(1) Any portion of the Province, on petition of the residents thereof, may be established as a public sch.ool district, if,- (

a) it does not exceed four miles in length .or in breadth, exclusive .of road all.owances; (

b) it c.ontains,- (

i) four persons actually resident therein who on the establishment of the district W.ould be liable to assessment or who hold lands under a homestead, cultivation .or grazing lease, issued under the provisions .of The Public Lands Act; and (ii) eight children not younger than five nor older than sixteen years .of age; (

c) the b.oundaries and name of the proposed district ha ve been approved by the Minister.

(2) In a special case the Minister may permit a district to exceed four mBes in length or in breadth or in both. 6.-

(1) Any three residents in any such portion of the Province may petition the Minister to establish that portion as a school district.

(2) The petition shall be in the form prescribed by the Minister. Order of 7. If the Minister approves the boundaries and name of establlsh- men,t and the proposed school district, he may,- fiI'l3t meeting of electors of (

a) forthwith order its establishment and appoint an district official trustee; or Establish ment of district Petition to establish separate schOOl district Signatures required on petition to establish separate school district (

b) require the petitioners to call a first meeting of the electors of the proposed district pursuant to the provisions .of

Part II. 8. When the meeting of the electors of the propDsed dis trict has been held in accDrdance with the prDvisiDns .of

Part II, the Minister, upon being satisfied that all the re quirements of this Act have been substantially complied with, may order the establishment of the district. Establishment of Separate School Districts. 9. The minority of electors in a district, whether PrDtest- 3:nt or Roman Catholic, may petitiDn the Minister tD estab lIsh a separate schoDI district therein. 10. The petitiDn fDr the establishment .of a separate S.C~DDI district shall be signed by three electDrs .of the re lIgiDUS faith indicated in the name of the proposed district and shall be in the fDrm prescribed by the Minister.

9 11. The perSOllS qualified to vote for or against the estab- qualifica lishment of a separate school district shall be the electors ~}g~r~f in the district of the same religions faith, Protestant or Roman Catholic. as the petitioners. 12.-

(1) The notice calling a meeting of the electors for XoLke (If the purpose of taking their votes on the petition for the meetil~g t~( • • • electOi s, clnJ establIshment of a separate school dIstrIct shall be in the procedure form prescribed by the l\1:inister.

(2) The notice shall be posted and the meeting conducted in the manner prescribed in

Part II for the first school meeting of the electors of a proposed public school district, except that the declarations of the chairman and other electors shall indicate their religious faith and shall be made in the form prescribed by the Minister. 13. If the result of the vote reveals that a majority of Order of the persons voting for or against the district have voted :!~~l~t in favor thereof the Minister, by order, shall establish seharrte the district. ~~st~~ct 14.

A separate school district and its board, shall pos- Hights, d ' 11 th . ht d . 'I f powers and sess an exerCIse a e rIg s, powers an prlVl eges 0 prh'ilege!::; and shall be subject to the same duties and liabilities and Of} se1arate have the same method of government as a public school ~~s\~'~cts district and its board, 15.

For the purposes of this Act a person who is resi- Resideuts of dent within the boundaries of a separate school district, if ~~~u;~EliC he is a separate school supporter, shall be deemed to be a s19ht?1 t resident of the separate school district, and not a resident (IS 1'1(:, s of the public school district, otherwise he shall be deemed to be a resident of the public school district and not a resi- dent of the separate school district. 16.

None of the provisions of this Act relating to school ~~~~!·~t:\~f of divisions shall affect any right to establish a separate electors school district conferred by this Part upon a minority of electors in a district, whether Protestant or Roman Catholic. Union of Public and Separate School Districts. 17.-

(1) If a separate school distri,ct has been estab- U~i~ll ?~ld lished within a public school district and it is resolved by ~~l~l~t~ the electors of each of these districts at public meetinifs of ~\~t~~~,ts the electors respectively called for the purpose of conSIder- ing the question that it is expedient that the districts should be dissolved for the purpose of union and the establishment of the area as a public school district, the Minister, by order, may dissolve the existing districts and establish the area as a public school district with such name as he may decide upon.

LiabilitiES of diRR(JI'lE:d (llstrir;t!> D~bE:ntur~ iS8Uf::li by dis8(Jlv~d distrir;t~ f'(JwE:rs of trust,:~:~ (Jf nf;wly (:1-itablishl':d diHtrict P,()unrjarlcs of dif!.tricts Hoad allowances TItle of district 10

(2) Thereafter the Mini;;;ter may make orders, provisions and appointments,- (

a) carrying into effect the dissolutions of the former districts ; (

b) providing for the establishment of the new public school district, and for all matters incidental thereto or necessary for the operation of the same as a public school district; (

c) providing for the adjustment, arrangement and winding-up of all the affairs of the dissolved dis tricts, and for the settlement of their liabilities and disposition of their assets. 18.- (1 ) Unless the liabilities of the dissolved districts are otherwise liquidated, they shall be assumed by and imposed upon the newly established district.

(2) Any debentures issued by either of the dissolved districts shall have the same force in and effect upon the newly established district and the property and assets thereof as they had in and upon the district by which they were issued and its property and assets.

(3) The trustees of the newly established district may authorize and direct the making of such requisitions or the levying of such taxes as may be necessary for the dis charging of any liability or debenture indebtedness of a dissolved district assumed by or imposed upon the new district. Boundaries of Districts. 19.-

(1) Whenever a district is wholly or in part de scribed in the order establishing it as comprising certain townships, parts of townships, sections or parts of sections in accordance with the system of Dominion Land Survey, the boundary lines of the district, llnless it is otherwise expressly set out in the order, shall be the posted side of the road allowance between adjoining sections or town ships exc:ept in the case of correction lines, where the south side of the road shall be the boundary.

(2) Any road allowance between either an Indian reserve or a forest reserve and a district shall be deemed to be in the district, notwithstanding anything herein to the con trary.

(3) All road allowances within the boundaries of the district shall be deemed to be in the district. Names and Numbers of Districts. 20. Every district established under this Act shall have a title in the following form: The ................ School District, No. ........ of the Provin,ce of Alberta.

11 21. The Minister may alter the name or number or both. _-\ltE'.J"ation of a district, but the seal previously used by the district ~~ ~ll:~~rict shall continue to be its seal until changed by the board. 22. No change in name or number or both of a district Eff~'t M made in accordance with the provisions of this Act shall ~i\\~r~V\)n l't' affec.t any. obligations incurred, acts done, or property district acquIred prIOr to the change. Constitution of School Divisions. 23.-

(1) The Minister, by order, may constitute a diYi- t':)ll~ti.tut!t)n sion consisting of any number of rural public school dis- M dlYISI\ l ll tricts not being districts included in a consolidated district.

(2) The Minister in the order constituting a division niyirlil1g of shall divide the division into not less than three nor nlOl'€ i~;~~~t'~~:~~ than five subdivisions consisting of districts included there- diyisitms in, and he shall include every such district in a subdivision.

(3) Every order constituting a division shall,- \.'ont"lltt' of • • • • Lll'rlt'r ('on- (

a) aSSIgn a name and number to the dIvISIOn and a 8~itll~illg- number to each subdivision; dIVI:;l\'1l (

b) list the districts comprised in the division and in each subdivision; (

c) set a day on which the assets of the districts com prised in the division shall become vested in the board of the division; (

d) name the secretary of the division for the time being; (

e) fix the days, times and places,- (

i) for the receipt of nominations for the office of trustee for each of the subdivisions; and (ii) for the holding of any necessary election in any subdivision; or in the alternative, in the discretion of the Min ister, appoint an offidal trustee of the division; (/) set a date for the organization meeting of the board.

(4) If an official trustee is appointed in the order 'con- .'l'.l~~'lll or '1 d"· I oifl<'(' lIf stituting the division he shall hold office untI a IVlSIona ofi'il'i:t 1 board is elected pursdant to an order of the Minist~r, whi,ch tl'll~ll'" he is hereby authorized to make, fixing the days, tImes and places for the .receipt of nominations for the office of trustee for each subdivision, and for the holding Qf any necessary election. Alteration o,f Name or Number of Division or Subdivision. 214.-

(1) The Minister may alter the name .o~ !lumber ~r\,t~ll~~'~l\l,lI:'I' or both of a division or the number of any subdIVISIOn of a 111Imbpr of d· . . . I d b the division shall division or IVISIOn, but the seal prevIOUS y use Y l-Iuh<1lvisioll continue to be its seal until changed by the board.

Effect of alteration of name or number of division Disposition of assets and liabili ties of included districts Alteration of boun daries of districts Alteration of boun daries of consolidated districts Changes in division 12

(2) No change of the name or number or both of any division made in accordance with the provisions of this Act shall affect any obligations incurred, acts done, or property acquIred prior to the change. Disposition of Assets and Liabilities of Districts Included in a Division. 25. Upon the day fixed by the order constituting a division or on the effective date of any other order including a district in a division,- (

a) all the assets of a district included in the division, subject to any subsisting charges, liens and incum brances, shall become vested in the board of the division, for the purposes of all the districts in cluded therein; (

b) all the liabilities of a district included in the division shall be assumed by the divisional board and these liabilities shall thereafter constitute a debt owing by the division as if the same had originally been contracted by it and shall be payable by the divi sional board out of the funds of the board and the district shall be freed and discharged therefrom. Alteration of Boundaries of Districts and Divisions. 26. The Minister, by order, may alter the boundaries of any district by adding lands thereto or taking lands there from, or by dividing the district into two or more districts. 27.

The Minister may add a district to or withdraw a district from a consolidated school district. 28.-

(1) The Minister, by order, may,- (

a) include in an established division one or more rural public school districts; (

b) transfer a district included in a division to another division, and if, prior to the transfer, the district has been included in a division by agreement, the Minister may order that the agreement and any amendments thereto shall be in full force and effect as between the district and the division to which it is transferred to the same extent and subject to the same provisions of this Act as if it had been made between the district and the last mentioned division; (

c) transfer a divisional district from one subdivision to another, but in no case shall the number of sub divisions be reduced by reason of such transfers to less than three; . (

d) exclude from a division any district included therein;

13 (

e) re-subdivide a division, but in no ·case shall the number of subdivisions e~ceed five, exclusive of subdivisions established pursuant to

section 38,

(2) When all the districts included in a division have Dissolution been excluded therefrom or have been transferred to an- of division other or other divisions, the division shall thereupon be deemed to be dissolved, 29. In the case of a district or division having deben- Prejudicial ture indebtedness outstanding no alteration shall be made~U:~~t?Jn in its boundaries which will prejudicially affect the right on security or security of the holders of the debentures without due ~~lte~~enture provision being made for their protection, 310.

Notwithstanding any other provisions of this Act, Const1~tution h t 't t' 'th' d' , , f t 'II' of to"\\n or t e ·cons I u IOn WI In any IVISlOn 0 a own or VI age .village in shall not have the effect of -removing from the division any divisions district wholly or partially within the eorporate limits of that town or village, Settlement 0'£ Assets and Liabilities F ollo,wing Inclus.io,ns, Exclusions or Transfers. 31.-

(1) Upon any inclusion, exclusion or transfer of Adj~stl!l~~t lands or districts being made under the provisions of this ~~dh~~~l~~~es Aet, the Minister, if he considers any adjustment of assets on trans~er d I, b'l't' h II' th b t or exclUSIOn an Ia I lIes neeessary, s a In e same or a su sequen of a district order give such directions as to him may appear proper ~~~~iOan with respect to the assets and liabilities of any district or 1 division affected by the inclusion, exclusion or transfer, and the directions shall be binding upon the board of any such district or division.

(2) In order to give effect to any directions issued under P~~ers of subsection (1), the Minister, by order, may,---' i'~/~l:f~e~t (

a) make provisions for the assessment of property in adjustment a district or division and for the levying and col- lection of taxes on that property; (

b) execute a transfer of real property under The Land Titles Act from any board to another, and the Registrar of Land Titles for the proper land regis tration district shall register the transfer without the charge of assurance fund fees and shall issue a certificate of title to the property in the name of the transferee, Agreement for Inclusion o,f a District in a Divisio·n. 32.-

(1) The board of a division may enter into an Agr~emen~ t ' .' for mcluslOn agreemen WIth the board. of any CIty, town, VIllage, con- of a district solidated or separate school district for the inclusion of the in a division distri:ct in the division upon such terms as may be agreed upon.

Copies of inclusion agreement to Minister Notice of demand for a vote Milliisterial order to include district in division Vote on question of inclusion in div~sion Provisions relating to poll held on question of inclusion Proceedings at close of poll 14

(2) The agreement may include prOVISIOns fixing, in respect of eaeh municipality included in whole or in

part in the distrkt, the amount, if any, by which the requisition to be made upon each such municipality under the provi sions of

section 299 shall be increased or decreased. 33. The board of each district which has entered into an inclusion agreement shall forward three copies thereof to the Minister. 34.-

(1) If the Minister approves the inclusion agree ment, the board of the distri,ct shall prepare and post up at not less than three conspicuous places in the district notices in a form prescribed by the Minister.

(2) The notices shall state that a vote for or against the inclusion of the distrkt may be demanded by a petition in writing signed by twenty-five per cent of the electors of the district and delivered to the Minister within twenty-one days after the date of the posting of the notiees.

(3) If no petition is received by the Minister within the prescribed time, the Minister, by order, without any further notice or action, may include the district in the division effective on such date as is designated in the order. 35.-

(1) If a petition bearing the proper number of signatures, is delivered to the Minister within the pre scribed time, the board, as soon as eonvenient, shall conduct a vote of the electors of the district on the question of its inclusion in the division.

(2) All the provisions of

Part II relating to the taking of a vote on the establishment of a proposed district, in so far as applicable, shall apply to the conduct of the poll.

(3) Forthwith after the poll, the ,chairman shall certify to the result in the form pres,cribed by the Minister, and shall place in an envelope the 'certificate, the poll list, ballots, declarations and all other records of the poll, securely seal the same and send it by registered mail to the Minister. ~;~~:ti~i~~_ 36: UP?n being satisfied that the poll has been held sub ~lud~ ~li;:>trict stanbally In aceordance with this Act and that a majority III dIVISIOn of the votes east have been cast in favour of inclusion in the division, the Minister, by order, may include the district 1n the division effective on such date as is designated in the order.

Rights of electors of district added to division . 37. Notwithstanding any other provisions of this Act, If an order to include a district in a division is made under

section 34 or

section 36 prior to the annual meeting of the electors of the subdivision in which the district is to be included, and is not to take effect until the first day of January next following the date of the orner, and if a trust~e i~ to. be nOI?inated at that meeting, any elector of the dlstnct IS qualIfied for nomination as a candidate for

15 the office of trustee, and the electors of the district may nominate a ,candidate for the office of trustee and may attend the annual meeting to be held in the subdivision and may take part therein to the same extent as they would be able to do if the order to include the district in the division were then in full force and effect. 38

(1) N t °th t dO th ° ° f h O Constitution '0- 0 WI S an Ing- any 0 er prOVISIOns 0 t IS of di~trict Act, where a city, town or villag-e district, has an enrolment a~ :,~b of at least two hundred and fifty resident pupils. the Min- ~~~~~~~~ of ister, by the order including the district in the division or by a subsequent order, may constitute the district as an additional subdivision of the division. assign a distinctive number to such subdivision and make provision for the election of a member of the board to represent the sub- division and as to bis term of office. and generallv for the procedure to be adopted in the election, and after such member has been duly elected the board of the division shall be comprised of one member fO'r each of the existing- su b- divisions of the division and an additional member to represent the new subdivision.

(2) The provisions of subsection (1) shall apply to a consolidated district which contains a town or villaQ'e if the component district which contains the town or village has the required enrolment of resident pupils. 39 N t °th t d' th ° ° f the A t Provision • 0 WI S an Ing any 0 er prOVIsIOns 0 IS C, for election where a city or town district entering, or having- entered ?f 2 trtu~tees . . ° b . I . tOt b h b In cer aln a dIVISIon y an Inc uSIOn agreemen IS 0 e or as een c~ty ?r town constituted a subdivision pursuant to

section 38 and has dIstricts an enrolment of resident pupils in excess of forty per cent of the total enrolment of the schools of the division, exclu- sive of the schools of the district, the Minister by the order including the district in the division or by a subsequent order may,- (

a) make provision for the election of two trustees to represent the subdivision; and (

b) determine the terms of office of the trustees first elected. 40.-

(1) With the approval of the Minister, the parties !l\~~~~O~f to an agreement entered into under the provisions of

section agreement 32 may mutually agree to alter or vary any of its terms by indorsing thereon or attaching thereto a memorandum signed by both parties giving particulars of the alteration or variation.

(2) The agreement as altered or varied shall be binding on the parties from the date specified in the memorandum.

(3) Three copies of the memorandum referred to ,in sub- Copies of section (1) shall be forwarded to the Department for Minis- mem~r~nd~m terial approval. to Mllllste

Service of notice of dissatis faction Reference to committee on failure to agree Failure to 'appoint member to committee Fixation of new amount by committee Vote on question of exclusion of certain distric.ts 16 41.-

(1) If after the expiration of three years from the date of an inclusion agreement either party thereto is dis satisfied with the amount fixed by that agreement or any memorandum altering it, that party may serve notice of dissatisfaction upon the other party.

(2) If the parties fail to agree upon an alteration in the agreement within two months of the delivery of the notice of dissatisfa:ction, the matter shall be referred forthwith to a eommittee -consisting of one member appointed by the board of the district, one member appointed by the board of the division, and the third member appointed by the Minister.

(3) If either board fails to appoint its member of the committee within three months of the delivery of the notice of dissatisfaction, the Minister shall appoint some person to represent that board on the -committee. ( 4) The amount determined by the decision of the com mittee or by a majority of its members shall be binding on the parties to the agreement and shall be effective,- (

a) on the first day of January of the ,current year if the -committee decision is reached on or before the first day of March; (

b) on the first day of January of the following year if the committee decision is rea-ched after the first day of March.

(5) Any amount determined by a -committee under the provisions of subsection (4) shall be binding on the parties for three years from the date on which the committee's decision becomes effective unless the parties alter it under the provisions of

section 40. Exclusions Relating to Religious Instruction. 42.-

(1) If the board of any Roman CathoHc school distri-ct or Protestant sehool district forwards to the Min ister a .eertified copy of a resolution passed by the board requestIng the exdusion of their school district from the division on ac.count of dissatisfaetion of the board with facilities for religious instruction, together with certified copies of resolutions passed by the boards of at least two o\her. districts in the same division supporting the first mentIOned resolution, the Minister, by order, shall,- (

a) direct the taking of a vote of the electors in that district as to whether Or not the district is to be e~cluded from the division; and (

b) fix a date within sixty days of the receipt by him of such ,certified copies for the taking of the vote; and (

c) send by mail to the secretary of the district a copy of the order.

(2) Upon receipt of the order the board of the district Poll of shall hold a poll of the electors in the district upon the day electors fixed for that purpose and in the manner prescribed in the order.

(3) If the vote shows a majority in favour of the ex- Order for elusion of the district from the division, the Minister as exclusion soon as possible, shall proceed to make an order for' the exclusion of the district from the division to take effect not later than the thirty-first day of December following the taking of the vote.

(4) The provisions of this Act concerning settlement of Settlement assets and liabilities following eX,elusion of districts from ~~da~~:~~li_ divisions apply to any exclusion made under this se·ction. ~ies follow- mg exclu-

(5) Upon any order of exclusion taking effect the liabil- ~ii~~ri~~ ities of the divisional board attributable to the excluded district shall in future be borne and paid by the district.

(6) The district shall not be again included in a division unless a vote has been taken in the district at which the inclusion is approved by a majority of the electors voting thereon, and the procedure for the inclusion shall be the same, in so far as possible, as that provided for the exclusion of the district. Dissolution of District. 43.-

(1) The Lieutenant Governor in Co,uncil, by order, ~iS~~fr\~t may d~elare that on and after a day thereIn to be named any district shall be dissolved and thereupon it and the board thereof shall 'cease to have any of the rights, powers and privileges vested in it by this Act.

(2) Upon the dissolution of the district the Minister s:ttle~ent may appoint one or more persons to adjust and settle the ~n~sl~~b~li_ assets and liabilities of the district and may fix his or their ~i~~gtved remuneration. district

(3) The person or persons appointed may sell and dis- Disposition • • of assets pose of all the assets and property of the dIstrIct and apply the proceeds so far as they will extend,- (

a) firstly, in payment of the liabilities of the district; and (

b) secondly, in payment of his or their remuneration.

(4) If the amount realized is insufficient to pay and p~ocedure satisfy the liabilities of the district and his or their re- ~s~~ficient muneration, then the person or persons shall have all the ~:~?st~y tfn_ powers formerly vested in the board to levy and collect debtedness such taxes or to requisition the municipality or municipal- ities in which the district is situated for such sum or sums of money as may be required to pay and satisfy the indebted- ness or any balance thereof remaining unpaid and all expenses connected therewith.

Disposition of surplus moneys Distribution of assets and liabili ties upon dissolution of consoli dated dis.trict Orders ,to be published in Alberta Gazette 18 44. If any surplus remains after the payment of all liabilities of a dissolved district and the expenses and re muneration of the persons appointed to adjust and settle the assets and liabilities of the district, the Lieutenant Governor in Council, by order, may direct that the surplus or any specified part thereof be paid,- (

a) to any specified ratepayer of the dissolved district; or (

b) to any district or division to which the lands or any part of the lands of the dissolved district have been added; or (

c) to the Provincial Treasurer to be dealt with by him as if the same were moneys paid to him under The Educational Tax Act; and the surplus shall be dealt with and disposed of accord ingly. 45.-

(1) Notwithstanding anything contained in sec tions 43 or 44, upon the dissolution of a consolidated school district, the Minister, by order may distribute the assets and liabilities of the consolidated school district between or among the several districts included in the consolidated district prior to its dissolution in such manner as he may deem proper.

(2) If any such district is or has been included in a division the assets and liabilities of the consolidated district allocated by the order of the Minister to any such district shall be deemed to have been vested in the division from the date of the order including the district in the division. Publication. in The Alberta Gazette. 46. Every order of the Minister or of the Lieutenant Governor in Council,- (

a) establishing a district or constituting a division; (

b) altering the boundaries of a district or division in any manner; (

c) altering the boundaries of a subdivision within a division; (

d) altering the name or number of a district or divi sion or subdivision; (

e) dissolving a district; (

I) making provision for the disposal of the assets and liabilities of a district or division which has been dissolved or whose boundaries have been altered; s?all be published in The Alberta Gazette and the publica- tIOn shall be final and conclusive evidence that all the re quisites for the order have been ,complied with.

PART II MEETINGS OF ELECTORS First School Meetings. 47.-

(1) A first school meeting of the electors of a Calling of proposed district or of a district established by the Min- firstt . school . 11 b h mee mg lster shall be' ca ed y t e person or persons required by this Act to do so, immediately upon the receipt by such person or persons of a direction to do so from the Minister.

(2) The meeting shall be called by posting up a notice, Posting of in such form as may be prescribed by the Minister, in at ~o~\ces hO~ I least six widely separated places within the limits of the m~eti~~ 0 district or proposed district.

(3) Every notice shall be posted up at least two weeks prior to the date thereby fixed for the meeting and shall state the time and place of the meeting. 48. The persons whose duty it is to post the notices of Proof of any first school meeting shall furnish the Minister with ~~~}~~~ ~f satisfactory proof of the posting of the notices, and the fi~st. school proof shall be in such form as may be prescribed by the meetmg Minister. 49. The persons entitled to vote at a first school meeting Persons shall be the electors present. ~~~~tl~~ to Election and Functions of Chairman. first school meeting 50.-

(1) The electors present at the meeting shall elect Chairman one of their number as chairman of the meeting. ~~~etary of ( ) . . h h 11 first school 2 The chaIrman shall apPOInt a secretary, w 0 s a meeting record the minutes of the meeting and perform such other duties as may be required of him by this Act. 51. The ,chairman, upon his election, shall sign a declara- Declaration tion in the form pres.cribed by the Minister that he is an by chairman elector of the proposed district. 52.-

(1) After the election of a chairman any elector Decl~ration wishing to take

part in the meeting and vote shall sign in b~q~~~~~or to the presence of the chairman and secretary a declaration in part~cipate the form referred to in

section 51. ~~h;l~r • meeting (2') No one who has not signed the declaratIOn shall be entitled to take any

part in the meeting or vote thereat. ,53. The ,chairman shall not vote upon any question at Chai.rman the meeting whether decided by show of hands or a poll, ~~h~~~stmeet_ except in the case of a tie, when he shall give a casting ing l ~o vote t on y m case vo e. of tie

Poll as to establish ment of district Conduct of poll Poll open Result of poll Proceedings after poll favourable to es,tablish ment of district 20 54.-

(1) At a first school meeting of a proposed district the ,chairman, immediately after the signing of the de clarations referred.to in sections 51 and 52 shall proceed to 'take a poll of the votes of the electors for and against the establishment of the district.

(2) The poll shall be taken by secret ballot. 55. The ,chairman shall preside over the taking of the poll, and the secretary shall act as the poll clerk. ,56.-

(1) The poll shall remain open for one hour.

(2) At the end of that time the ,chairman shall declare the poll to be closed and shall proceed to sum up the votes and to declare the result of the poll. Nomination and Election of Trustees in a Pro1posed District. ,57.----

(1) If the -result of the poll is favourable to the establishment of the district, the meeting shall proceed to the nomination and election of trustees.

(2) All the provisions of this Act relating to the nomina tion and election of trustees at an annual meeting of a district other than a town district shall apply to this nomin ation and election. Infbormatitont 58. The ,chairman, within ten days of the meeting, shall to e sen 0 d t th M' . t Minister sen 0 e InIS er ,- :~~~otrst (

a) a -copy of the noti,ce ,calling the meeting; mee.ting (

b) due proof, in such f.orms as the Minister may re- quire, of posting the notices calling the meeting; (

c) a copy in the form prescribed by the Minister of the minutes of the meeting; (

d) the declarations of the chairman and ,the electors. Annual Meetings in Non-Divisional Districts. Town and City Districts. Ann~al f 59.-

(1) An annual meeting of the electors and rate ~~nm! ~ty payers of every non-divisional town district shall be held ~~sJr~~tices at the time and pla'ce appointed by the board which, in the thereof board's discretion, may be the time and place appointed for the annual meeting of the electors of the town.

(2) The board of a non-divisional city district, in its discretion, may hold an annual meeting of the electors and ratepayers of that district and if a meeting is held it shall be at the time and place appointed by the board.

(3) Notice of the time and plaee at whieh the annual meeting, if any, is to be held shall be given by the publica tion of notice at least once a week in each of the two weeks

21 pre,ceding that in which the meeting is to be held in a news""' paper published in the district, or if there is no such news paper, then in the manner set out in

section 61, subsection (2). 60.-

(1) At the annual meeting held in a town or city Statements district, the statements and reports required to be read at ~f~;~~~f'ts a meeting in a rural district shall be read, unless the read- meeting i,n . f II f th . d' . . town or City lng 0 any or a 0 em IS Ispensed WIth by resolutIOn district passed to that effect by the electors and ratepayers present.

(2) Any ele,ctor or ratepayer of the district shall have access to the reports and statements either during or after the meeting.

(3) If the board is authorized to do so by resolution of the electors and ratepayers at the annual meeting it shall have any or all of the reports or statements, or any parts of them, except the inspector's reports, printed in a news paper published in Alberta and circulating within the district. Rural, Village and Consolidated Districts. 61.-

(1) In every non-divisional rural, village and con- Ann~al solidated district a meeting of the electors and ratepayers meetmg of the district shall be held in the sehool house, or some other suitable place within the district, not later than the twentieth day of February in each year, commencing at any fixed hour between the hours of one and eight in clusive, in the afternoon.

(2) The board of every such district shall call the meet- Pos,ting of ing by posting notices not later than the eighth day before ~~~~~~ of the day fixed for the meeting, in six conspicuous widely meetings separated pla,ces within the district, which notices shall set forth the day, place and hour of the meeting.

(3) In a consolidated school district the meeting shall Meetif~~red be held at a 'central place within the district. ~1~t~~c~ 621.-

(1) The electors present at the meeting shall elect Chtirman one of their number as chairman of the meeting, who shall ~~ryS~~re- take the chair and call the meeting to order. ~~~w;~s (2,) The secretary of the board, or someone appointed by the chairman, shall record the minutes of the meeting and perform any other duties that may be required of him by this Act. 63. The chairman shall not vote on any question, chairm1 an at . h d II annua whether it is to be decIded by a show of an s or a po , meeting t~ e~cept in case of a tie, when he shall give a casting vote. ~~: ~~lrielll 64. Ratepayers and electors shall be entitled to take per1s<;>ndst . . I th I tent tIe 0

part In the annual s,chool meetIng, but on y e e ec ors participate present shall be entitled to vote for the election of a ~e~W~:~al trustee.

Order of business at annual meeting Report of principal or teacher Report of trustees Report by treasurer and auditor Statement by treasurer in certain districts 22 65. The -chairman shall conduct the business of the an nual meeting in the following order,- (

a) the minutes of the last annual meeting; (

b) the reports prepared by the principal or teacher, the trustees, the treasurer, and the auditor; ( 0 ) the report of the inspector; (

d) miscellaneous business; (

e) nomination of trustees; (

I) election of trustees unless a deferred poll has been ordered by the Minister. 66.-

(1) The report of the prineipal or teacher shall be signed by him, and give the following particulars,- (

a) the number of days on which s-chool was kept open during each term succeeding the last annual meet ing; (

b) the total number of -children attending s,chool dur ing that period; (0) the average daily attendance for each term and for the year; (

d) the .classification of pupils and the number of pupils in each grade.

(2) The trustees' report shall be signed by the chair man, and shall give the following particulars,- (

a) the names of the trustees; (

b) the officers of the distri-ct appointed by the trustees, and their salaries; (0) the vacancies created in the board during the year, giving the causes thereof, with an aocount of the elections held to fill the vacancies and the re sults thereof; (

d) the engagements binding upon the board, with special reference to those entered into during the previous year; (

e) the number of regular and special meetings of the board held during the year, together with a state ment showing the number of meetings attended by ea,ch trustee. (3~ The treasurer's and auditor's report shall cover the fIs~al year ending on the thirty-first day of December precedIng the annual meeting, and it shall be in the form prescribed by the Minister.

(4) In any distri,ct authorized by the Minister to levy and collect taxes, the treasurer shall also prepare and sign a statement for the annual meeting respecting taxation for school purposes, in which he shall set forth,- (

a) the total assessed value as shown by the last re yised assessment roll of all property and businesses In respect of which the district levies and collects taxes;

23 (

b) the mill rate struck by the board; (

c) the total amount levied for taxes in the preceding year; (

d) the a~ounts received by the distri,ct during the precedIng year on ac'count of current taxes levied and collected by the district; (

e) the aggregate amount of all arrears of taxes which the district is entitled to receive; (

I) the aggregate amount of all payments received during the preceding year on a,ccount of arrears.

(5) The inspector's reports received since the imme- Report of diately precedIng annual meetIng was held shall be read, inspector except such parts thereof as refer to the teacher or to the work or qualifications of the teacher, whi,ch parts shall not be read unless the meeting by resolution so directs.

(6) Any further reports in relation to the affairs of Further the distdct may be considered and disposed of by the reports meeting. 167.-

(1) E,xcept in a consolidated school district, as Election of soon as the business of the district has been transacted or ~~~:~1 in ninety minutes after the opening of the meeting, if the other ~han other business is not then concluded, the chairman shall ~~~:r~'~ltdated call for nominations for the office of trustee.

(2) If upon the call for nominations being made all Adjourn the business of the meeting has not been concluded, the ~:~~a~f unfinished business shall be set over until the result of meeting the election has been declared or the deferred polling date fr~t~iees announced, and thereupon the transaction of the unfinished elected business shall be proceeded with.

(3) In a consolidated school district, as soon as the Election. of b · f th d· t . t· I dO th I t· Of trustee III USlness 0 e' IS rIC , InC u Ing e e ec lOn, I necessary, consolidated of the trustee at large, has been transacted,- ~~~t~~~t (

a) the meeting of the ,consolidated s'chool district shall adjourn; and (

b) the electors of each district included in the con solidated school district, the term of office of whose trustee has expired or for which there is a vacancy to be filled, shall meet separately.

(4) Each separate meeting shall elect a ~hairman who shall appoint a secretary and proceed to conduct the elec tion of a trustee in accordance with the provisions of this Act for the election of trustees. 68. Nominations and elections at the annual meeting rominad shall be conducted in accordance with the procedure set out el~~~i~~S at . PrtIV ~~ In a . meeting 69. A copy of the minutes of the annual meeting, signed Minutes of by the chairman and the secretary of the meeting, shall be ~~~f~g transmitted forthwith to the Department.

Annual meetings in divisional districts Fixing of date and notice of meeting by divisional board Business at divisional district meeting Minutes of divisional district meeting Deferred school meetings Special meetings of electors 'When special meeting to be called Notices of special meetings Business at special meetings Annual meeting in subdivision 24 Annual Meetin2s in Divisional Districts. 70.-

(1) In each divisional district an annual meeting of the electors and ratepayers shall be held.

(2) The meeting shall be called in the same manner and shall be held at the same time as if the district were a non divisional district.

(3) The board of the division, with respect to any dis trict in the division in which no meeting has been held as hereinbefore provided, may fix a date for the holding of the meeting and advertise it in the manner provided in sub section (2) of seetion 61·

(4) The business shall be limited to the election of trus tees and to. the consideration of such matters as the meeting may decide by resolution to. oo.nsider.

(5) A copy of the minutes of the meeting signed by the chairman and the secretary shall be forwarded to the divi sional board within ten days of the date of the meeting. Deferred School Meetings. 71. If any first, annual or other school meeting required to be held by this Act is not held at the proper time, the secretary of the board, when requested to do so by any two electors, or by the Minister, shall ,call the meeting by posting notices in the manner prescribed by this Act. Special Meetings. 72.-

(1) A special meeting of the electors of a district may be held at any time for any necessary purpose.

(2) The secretary of the board shall call a special meeting,- (

a) upon the request of the board; (

b) upon the request of the Minister; (

c) upon the request of an inspector; (

d) upo.n the request in writing of ten electo.rs or a majority of the electors, whichever is the lesser.

(3) The noti.ces calling a special meeting shall set forth the purposes of the meeting and shall be posted in the manner provided for notices of annual meetings in that difrtrict.

(4) At the special meeting the electors present shall elect a chairman and a se,cretary, and no business shall be con sidered by the meeting other than that mentioned in the notice calling the same. Annual Meetings in Subdivisions. 73.-

(1) An annual meeting of the electors and rate payers of the districts within each subdivision of a division

25 shall be held upon a date between the first day of November and the fifteenth day of Deeember inclusive at a place and time fixed by the divisional board.

(2) Notwithstanding subsection (1), if for unavoidable reason the meeting is not held on or before the fifteenth day of December, it shall be held on any later date that the Minister may approve or set.

(3) By resolution of the divisional board and subject to When the approval of the Minister, the annual meeting of two or ~ne~~~g more subdivisions may be held jointly at the same place ~~Ytlbe hfld and time. Jom Y

(4) The secretary of the division, not later than the Notice of eighth day prior to the date fixed for holding the meeting, ~~~~i~g in shall post up, or cause to be posted up, a copy of the notice subdivision in writing in the form pres.cribed by the Minister,- (

a) in each operating s'chool within the subdivision or subdivisions for which the meeting is to be held; and (

b) in a conspicuous plaee near each post office within the subdivision or subdivisions; and (

c) in a conspicuous plaee near each post office located within any town or village district adjacent to the subdivision or subdivisions.

(5) The secretary of the division shall also give notice of the meeting by anyone of the following methods,- (

a) by causing, prior to the date of the meeting, a copy of the notice of the meeting to be printed in at least two issues of each newspaper published in the division or in any town or village adjacent to any district of the division, and if there is no such news paper, then in at least two issues of each of two daily newspapers published in Alberta circulating within the division; or (

b) by causing, not later than the eighth day prior to the date fixed for holding the meeting, a copy of the notice of the meeting tOo be posted up in each of five other widely separated conspicuous places, in each district of the subdivision or subdivisions for which the meeting is to be held; or (

c) by causing an announcement, giving the time, place, date and purpose of the meeting, to be made be tween the hours of seven .o'clock and ten o'clock in the evening O'n three successive days during the eight days immediately prior to' the day of the meeting, on a radio station whose broadcast area covers the entire division.

(6) If an electi.on is to' be held in a. subdivision the sec- Deli~ery. of retary of the divisiO'n, nO't later than fifteen days prior to ~~~matlon the date fixed for the holding of the annual meeting, shall aocept8;nce deliver at least five copies of the nomination form and of ~~~fvi~~on the acceptance form referred to in sectiO'n 133 to' the sec- retary of each district within that subdivisiO'n.

26 Election of chairman at subdivision meeting Order of business at annual meeting in subdivision SCHOOL (PART III) 1951

(7) At the time specified in the notice for the commence ment of the meeting, the electors and ratepayers present shall elect one of their number as chairman of the meeting who shall take the chair and call the meeting to order.

(8) The secretary of the division, or in his absence someone appointed by the chairman, shall record the min utes of the meeting and perform any other duties that may be required of him by this Act.

(9) The chairman shall eonduct the business of the annual meeting in the following order,- (

a) the minutes of the last annual meeting; (

b) the superintendent's report; (

c) the report of the board; (

d) the last annual financial statement and auditor's report; (

e) the budget adopted by the board for the then current year; (

f) a report of the current financial standing of the division; (

g) any other statements, communications and reports that may relate to the affairs of the division.

(10) Full opportunity shall be afforded for discussion of all reports, statements and communications that may come before the meeting. ~o~~~~!~~~S (11) If an election is to be held, the secr,etary of the sion meeting division, if present, shall receive nominations at any time within two hours from the opening of the meeting.

(12) In the ,absence of the secretary of the division, the secretary of the meeting shall receive the nominations and shall deliver them forthwith to the secretary of the division. ~~~~~s of

(13) A certified true copy of the minutes shall be for meeting in warded to the Department without undue delay by the sec subdivision retary of the meeting. Board of trustees for every dis.trict

PART III. BOARDS ,OF TRUSTEES. Co,nstitutio,n of Boards. District Boards. 74. In each district there shall be a board of trustees, and the members of the board shall be a corporation under the name of "The Board of Trustees of ........................ School District No. .. ...... " and shall have a common seal. Divisional Boards. Constitution 75

(1) S b' t t th . . f t' 39 the of divisional '-, u Jec 00 e prOVISIOns 0 sec IOn , board of board of a division shall consist of one trustee for each trustees bd' . . . su ' IVlSlon.

1951 SCHOOL (PART III) 27

(2) The members of the board of a division shall be a corporation under the name of "The Board of the ................. . School Division NO' . ........ " and shall have a common seal. Rural and Village District Boards. 76. In every.rural or village district other than one with Constitution respect to which the Minister has made an order under the f~ ~~~:ld provisions of

section 77, the board of trustees shall consist of a.~d ,:,illage three trustees. dIstrIct 77.-

(1) The Minister, with respect to any rural village district, may direct, by order, that the board trustees of the district shall consist of five trustees. or Power of f Minister as o to number of ,trustees

(2) At the next election of trustees after the making of Tfe;:ms ~f the order two trustees shall be elected for a term of two ~rd:;tee:S yea!s and one trustee for a term of one year. ~l~i~f~r~s (3) The two trustees of the district whose terms have order not expired shall continue to hold office for the terms for which they were -respectively elected. ( 4) The term of office of each trustee elected to. take the place of a trustee whose term of office has expired shall be two years. 78.-

(1) In any divisional rural district the electors, ResO,lg.tion by resolution at the annual meeting, may provide that the ¥g~v~n~ng board shall oonsist of one trust€e only whose term of office, '~~~f:?oen!l notwithstanding the other provisions of this Act, shall be rural district one year, and who, notwithstanding the provisions of

section 161, subsection (2), may act as secretary of the board.

(2) Upon the passing of a resolution pursuant to sub- Expiration . (h . t' t t h II b d d of terms of sechon 1), t e terms of all SIt Ing rus ees s a e eeme o~f~c~ of to have expired and the electors shall pr,oceed to the election ~~~~1103i~\rict of the single trustee provided for by the resolution. tbOartd of rus ees Town and City District Boards. 79.-

(1) Subject to the provisions of subsection (2), in ~f~~~;~tion every town or city district, the board of trustees shall con- in town or sist of five trustees. city district

(2) The Minister, by order, may direct that the board ~~~~~e~~s of trustees in a city district shall consist of seven trustees, to number . k of trustees and, In the same or a subsequent order, may rna e pro- vision for the terms of offioe of the trustees to be elected. 80.-

(1) Upon a rural or village district becoming a ~tb~!~'fion town district the first election for trustees shall be held of trustees at the time prescribed in this Act for the annual election ~~ll~~~a~f:_ f t t trict which o rus ees. has become d f t a town

(2) At the election two trustees shall be electe or a erm district of two years and one trustee for a term of one year.

28 SCHOOL (PART III) 19,51

(3) The twO' trustees of the district whose terms have not expired shaH continue to hO'ld office for the terms for which they were respectively elected. ~C!,,:e~ of 81.-

(1) With respect to a divisional town district the Wil~.S ~~pec! Minister, upon request of the bO'ard of the district, may igw~vdil~t~f~t order that the board shall consist of thre:e trustees only, board of and the order shaU,-trustees Constitutjion of board of trustees for con solidated district (

a) provide for the retirement as from the date of the order of all trustees and the electi.on of a new board c.onsisting of three members; and (

b) provide for the retirement of one trustee each year.

(2) The term of office of each trustee elected to take the place of a trustee whose term of .office has expired shall be three years. Consolidated District Boards. 82.-

(1) In every consO'lidated schoO'I district which does not include a town, the board of trustees shall consist of one trustee for each district included therein; and in every consolidated school district which contains a town, the board of trustees shall consist of two trustees foOr the town district and one trustee for each other district included therein.

(2) If the hoard so constituted should consist of an even number of trustees, then the board shall consist of the number of trustees afO'resaid and one additional trustee, who shan :be elected by the electors of the consolidated dis trict at large. ri!'ron~i- . 83. The board of a consolidated school district shall have s~llila~ed COJ1- the administration of the educational affairs of all the ~I~t~~~t districts in the consolidated district, and all the assets of board of these districts shall be vested in the board, and all their trustees liabilities shall be payable by the board. Boards for Divisional Districts Having Centralized Schools. !i~~~J~s °off 84.-

(1) Notwithstanding any other provisions of this divisional Act, if the school of a divisional district is closed and pro !i~~~~\chOOI vision is made for the education O'f the pupils of that dis closed tdct in another district of the division, upon application of the bO'ard of the divisiO'n, the Minister may O'rder that the electors O'f the district shall be deemed to be, and shall have all the rights .and privileges .of electors O'f the· district Minis.terial order re divisional district where schOOl closed in which the schO'ol attended by the pupils is situated.

(2) Upon the making of the order,- (

a) the board of the first mentiO'ned district shall cease to hold office; and (

b) the hoard of the district in which the school is situated shall be deemed to be the board O'f each dis trict named in the order.

1951 SCHOOL (PART III)

(3) The order issued pursuant to subsection (1) may provide that the board shall not include more than a speci fied number .of trustees resident within the district in which the school is situated and that one or more designated trustees resident within that district shall cease to hold office on the date fixed in the order.

(4) Notwithstanding any other provision of this Act, the Minister in the order issued pursuant to subsection (1), may direct that the board of the district shall consist of more than five trusooes. Resignation of Trustees. 29 85.-

(1) Any trustee wishing to resign may do so by Resignation sending notice in writing to the secretary of the board. of trustee

(2) The remaining member or members of the board shall immediately take the necessary steps to fill the vacancy.

(3) The resignation shall take effect only upO'n the date of the electio.n of a new trusooe.

(4) A trustee who resigns his office may be re-elected Re-election with 'his own consent. of trustee ( 5 ) All the trustees of a board may resign by trans- Resignation mitting to' the Minister a notice in writing to' this effect, ~:u:l~es and their resignation shall be effective on the date on which their successors are elected or appointed. Disqualification o·f Trustees. 86. No teacher under contract to a board shall hold the Ineligibility office of trustee in any district or division. of teacher 87.-

(1) Any trustee who,- DitS,qualiffi-ca IOn 0 (a,) is convicted of a criminal offence punishable by a trustee term of over one year's imprisonment; or (

b) is cO'nvicted o.f any offence against the provisions of this Act, for which a pena1ty is provided; or (

c) becomes insane; or (

d) absents himself from the meetings of the board for three consecutive mO'nths without being authO'rized by resolution enoored upon its minutes; o.r (

e) ceases to reside within the district or, in the case of a divisional trustee, within the subdivision for which he is a trustee; shall be deemed to' have vacated his seat, and the remaining trustee o.r trustees shall declare his seat vacant and forth with order a new election to fill the vacancy.

(2) A person who. is convicted of a criminal offence punishable by a term of over one year's imprisO'nment. shall be disqualified frO'm nomination o.r election to the offIce .of trustee for a period of three years from the date of c,onVIC tion.

30 Contracts by trustees with board prohibited Payments to trustee prohibited Offence and penalty for violation of

section 88 Permissible payments to trustee Permjssible transactions of ,trustee Application to judge to oust trustee SCHOOL (PART III) 1951 Prohibited Transactions. 88.-

(1) No trustee of any district or division shall enter into any contract in which he has any pecuniary in terest with the board of which he is a member, in his own name or in the name of an.other, alone or jo.intly with an other.

(2) Every such contract entered into by a trustee shall be void.

(3) No trustee shall receive payment for any work done o.r for materials supplied to. any pers.on in connection with any contract awarded or purchase made by the board while the trustee was a member o.f the bo.ard.

(4) A trustee violating the provisi.ons of this

section shall be deemed to have vacated his seat, and the remaining trustees shall declare his seat· va,cant and forthwith proceed to. fill the vacancy in the manner provided by this Act.

(5) A trustee violating the provisions of this

section shall be guilty of an offence and liable o.n

summary convic tio.n to. a fine not exceeding twenty-five dollars.

(6) Nothing in this

section shall prevent a trustee from receiving,- (

a) remuneration froQm the board foQr casual o.r part time empl.oyment as secretary, treasurer, janitor, local attendance o.fficer, assessor or co.llector; (

b) the purchase price of a scho.ol site; (

c) a sum not exceeding ten do.llars in anyone year for labour o.r goods supplied; (

d) reasonable allo.wances for travelling expen~es and subsistence when engaged away from his place of residence on business of the bo.ard authoQrized by a resolutio.n of the board; (

e) payment under

Part X on account of any pupil of wp.om the trustee is the parent or guardian.

(7) Nothng in this sectioQn shall prevent a trustee o.f a district other than a city district who is a merchant, from making sales of goods and merchandise to the board or to persons contracting with the boQard in the ordinary eourse of his business, and to receive payment for such gOoQds and merchandise at the .ordinary retail price to an amount not iV excess of one hundred and fifty dollars in anyone year.

(8) A trustee of a city district or of a division may make such sales to an amount not in excess of three hundred dollars in anyone year. Ousting of Trustee from Office. 89.-

(1) Any two or more electors of a district may apply to. a judge for a direction c,aHing upon a trustee of that district or of the division in which the district is in cluded to sho.W cause why he should not be Qusted from office.

1951 SCHOOL (PART III) 31

(2) Each or the applicants shall file with the judge an C0t:tten~s of affidavit showing that the trustee is unfit tOo act as trustee ~~flgf:J\~r~t~ by reasOon of,- (

a) a violation of

section 88; or (

b) gross neglect of duty; or (

c) neglect or wilful failure tOo carry Oout any provision Oof this Act; or ' (

d) any other matter whatsoever, which need nOot be of • a nature similar tOo those specified in clauses (

a) to (c). application ,to oust trustee

(3) The applicant shaH pay into court the sum of fifty Security d II 't f t for costs on .0 ars as securl y Oor cos S. application to oust trustee 90. Upon the application, the judge shall fix the time Hearing and place fQr the hearing of the complaint and may give ~gP~~Cs~tion such further directions as tOo service of n'Otice of the hearing trustee as he may deem prQper. 91.-

(1) Upon the hearing of the complaint if the judge Order of is satisfied by affidavit or 'Oral evidence that the trustee is ~~:{~e of unfit to act as trustee the judge shall declare the trustee to be ousted frQm office.

(2) If the judge is not so satisfied he may dismiss the Disn:tiss~l of I . t ' applicatlOn c'Omp aln . ,to oust

(3) The COosts of the proc,eedings shall be paid by such trustee person or pers.ons as the judge in his discretion may direct, 92. Any trustee so Oousted frQm office shall not be eligible rn~~i~?bifi\Y for n'Omination 'Or electiQn as trustee in any district or divi- of trustee . 'the th th ft after ous.ter SlOn WI In ree years erea er. Tenure of Office. 93.

Every trustee shall continue to hold office until his Term of succeSSQr has been duly elected or apP'Ointed, as the case ~:~~Ct~eOf may be, unless he has become disqualified by reaSQn or any of the provisions of se'ctions 87, 88 and 91, in which event he shall cease to hold office UP'On becOoming SQ disqualified. 94. One of the three trustees elected to the first bo.ard of ~eVre~~~: a rural or village district shaH retire at each of the first 0 ru three annual meetings following their election and their res- pective terms 'Of .office shall be determined in accordance with

section 117, subsection (3). Terms of 95. The trustees elected to the first board of a town or office of city district shall hold office for the terms for which they ¥i~:t~~~~~d were respectively elected pursuant to

section 80. ~ft;OdrS.t~fct Term of 96. In a rural or village district each trustee elected t'O office. of take the place 'Of a trustee whose term of Ooffice has expired ~~~!~~~nfn st~all hold office for three years. except aS b pro t Yide(d 1 1)'n sec- ~Yl~~~~r IOn 77, subsection (4) and

sectIon 78, su sec IOn . district

32 Term of office of replacing trustee in town or city district Term of office of replacing trustee in consolidated school district Term of office of trustees of first board of division Distrlibution of terms of office of divisional trustees Term of office of divisional trustees following general elec.tion Concluding date of expiring term of office of divisional trustee Constitu1:\ion of board of trustees following transfer of districts Term of office of trustee replacing Official trustee SCHOOL (PART III) 1951 97. In a town or city district each trustee elected to take the place of a trustee whose term of office has expired shall hold office for two years except as provided in

section 80, subsection (2) and

section 81, subsection (2). 98.-

(1) A person elected as a trustee of a consolidated school district to fill the position of a trustee whose term of office has expired shall hold office for a term of two years from the date of the next organization meeting of the J>oard.

(2) Notwithstanding subsection (1) the additional trus tee elected by the district at large under

section 82, sub section (2) shall hold office for a term of one year. 99.-

(1) Members of the first board of a division shall hold office from the date of the organization meeting for the following terms,- (

a) on a five-member board, two members for three years, two members for two years, and the remain ing member for one year; (

b) on a three-member board, one member for three years, one member for two years, and the remain ing member for one year.

(2) At the organization meeting of the first board of a division, the chairman shall determine the distribution of terms ·of office among the members by the drawing of lots. 100. Any person elected as a member of a divisional board at a general election to fill the position of a member whose term of office is about to. expire shall hold office for a term of three years from the date of the next organization meeting of the board. 101. Where the term of office of a member of a division al board expires in any year, his term of office shall con clude in that year on the day preceding the organization meeting. 102.

Following the transfer from a subdivision of all the districts therein to another subdivision or other subdivisions in the same division, the first mentioned subdivision shall cease to exist and the person holding the office of trustee for that subdivision shall cease to be a member of the divisional board, and the board of the division shall be comprised of the trustees of the remaining subdivisions. 103.

When a board is elected in a district or division to replace an official trustee appointed by the Minister, the terms of office of the trustees shall be determined as for the first board of that district or division.

1951 SCHOOL (PART IV) 33

PART IV. ELECTION OF TRUSTEES. Persons Entitled to, Vote. 104. The following persons are entitled to vote at an Voters in a election in a proposed district,- ~f~t~?~id (

a) a 'Canadian citizen of the full age of twenty-one years who is a resident of the proposed district, and who,- (

i) is the owner of property in the proposed dis trict which, if the district were established, would be liable to assessment for school pur poses; or (ii) is the tenant of property in the proposed dis trict which would then be liable to assessment for s'chool purposes; or (iii) is the tenant under an agricultural lease issued under The Public Lands Act of property in the proposed district; or (iv) is the lessee from the Crown of property in a special area and in the proposed district; (

b) the husband, wife, son, daughter, father or mother of any person described in ,clause (

a) if the hus band, wife, son, daughter, father or mother is a Canadian citizen of the full age of twenty-one years and a resident of the proposed district. 105. The following persons are entitled to vote at an Voters in election in an established district other than a town or city ~~he:Jab- district - district , other than (

a) a Canadian citizen of the full age of twenty-one town or city years who is and has been a resident of the district for a period of not less than thirty days; and who,- (

i) is the owner of property in the district liable to assessment for s'chool purposes; or (ii) is the tenant of property in the district liable to assessment for school purposes; or (iii) is the tenant under an agricultural lease issued under the provisions of The Public Lands Act of property in the district; or (iv) is the lessee from the Crown of property in a special area and in the district; (

b) the husband, wife, son, daughter, father or mother of any person described in clause (

a) if the hus band, wife, son, daughter, father or mother is a Canadian citizen of the full age, of twenty-one years and a resident of the established district; (

c) a resident who is a Canadian citizen and who has in the current year or the previous year paid to t~e district or to a municipality situated wholly or In

34 SCHOOL (PART IV) 1951 part within the district, a tax for school purposes other than a tax payable for school purposes in respect of property. Voters in. ~06. The following persons are entitled to vote at an town or CIty •• t ·t d· t . t dis.trict electIon In a own or CI y IS rIC ,- Voters in subdivision (

a) a Canadian citizen of the full age of twenty-one years whose name is on the town or city voters' list who is entitled to vote in the to.wn or city under the provisions o.f The Town and Village Act or of The City Act; (

b) a resident of that portion of the district which lies outside the town or city, who. would be an elector under

section 105 if he were a resident of a rural district and who declares that he is an elector of the district in the form pres,cribed by the Minister. 107. The persons entitled to vote at an election in a subdivision of a division are the persons entitled to vo.te in the districts comprised in the subdivision. Secret Ballot. ~;~~\i~O; 108. The poll for the electio.n of a trustee shall be by of trustee secret ballot. Notice of vacancies to be filled at election of trustees Election of trus.tees in town or city district Voters'list Annual Elections in Town and City Districts. 100.

The secretary of every town or city district, at least twenty days prior to the date fixed for the municipal nominations in each year, shall give notice to the secretary treasurer of the town or to. the city clerk of the number of vacancies to be filled. 110.-

(1) Nomination and election of trustees in a town or city district shall be held at the same time and place, and by the same returning officer and conducted in the same manner as municipal nominations and electio.ns of councillors or aldermen, except,- (

a) as to qualifications for nominatio.n, which, subject to The City Act, shall be as provided for in this Act for other districts; and (

b) as to qualifications to. vote, which shall be as pro- vided for in sectio.n 106. '

(2) The provisions of The Town and Village Act, or in the case of a -city district, the provisions of The City Act respecting the time for receiving nominations and fo.r open ing and closing the poll and the procedure governing the conduct of elections generally, in so. far as they may be made applicable, shall apply to. the election of scho.ol trustees. 111.-

(1) The se,cretary-treasurer o.fthe town or the city clerk shall deliver to the returning officer, before the

SCHOOL (PART IV) opening of the poll for the election of trustees, a list of all the electors residing in the urban portion of the district.

(2) If there is a separate school district, he shall place opposite the names of any persons on the said list who have been returned to him as separate school sUPporters, the letters "SSS".

(3) The returning officer shall not deliver to any separ- Delivery ate school supporter a ballot paper for the election of public ~~p~~~lot school trustees and he shall deliver ballots for the election of separate school trustees to separate school supporters only. 35 11~,.-(1} A separate set of ballot papers shall be pre- Separate d b th t . ffi ta··· th f h ballot papers pare y e re urnlng 0 ,cer, con Ining e names 0 t e for school candidates nominated for school trustees. trus,tees

(2) The ballots shall be in the same form as those used for councillors, except for the substitution of the words "school trustee" for "councillor" or "alderman". 113.-

(1) If an objection is made to the right of any qbjection to person to vote at an election of trustees in a town or city ~l!t~~ of district, the returning officer may require the person whose right of voting is questioned, to make the affirmation in the form prescribed by the Minister that he is a bona fide elector of the district.

(2) Any person making the affirmation shall be per mitted to vote for the election of trustees. 11,4. Within ten days after the annual election of trus- Declaration f tees in a town or ,city district, the secretary of the district ~~lr~~l\o~n shall forward to the Department a certified copy of the ~fs~~\~t returning officer's declaration as to the result of the poll. Annual Elections in Rural, Village and Consolidated Districts. 115. At the electors' meeting in a rural, village or con- ~omin~tiOn solidated district any two electors of the district may 0 ,trus ees nominate for election as trustee a person who is,- (

a) an elector of the district; and (

b) able to read and write.

(2) A nomination shall be withdrawn if the nominee Withdr~wal advises the chairman before the close of nominations that fto~~~ma- he does not desire to be nominated. trustee 116. Nominations shall be received by the chairman for ~~fn~ti~ns thirty minutes after he has first ,called for the same. of trustees 117 -

(1) If there are no more nominations than there Et lecttiOnbOf • . th ruB. ee y are trustees to be elected, the chaIrman shall declare e acctamation candidates nominated to be elected.

36 I '011 fl" election of trustees Terms of office of elected trustees Duties of chairman at trustees' elec.tIon meeting Procedure if chairman nominated as trustee Form of ballot paper at election of trustees Initialling ballot papers Declaration of voter at election of trustees SCHOOL (PART IV) 1951

(2) If there are more nominations than trustees to be elected, the chairman, at the close of the time for receiving nominations, unless a deferred poll has been ordered by the Minister, shall proceed to take a poll of the electors for the election of trustees, in the manner provided by this Act.

(3) Where two or more trustees are being elected for different terms, then,- (

a) if no poll is held the first trustee nominated shall be deemed to be elected a trustee for the longest term; the second trustee nominated shall be deemed to be elected for the next longest term; and so on; (

b) if a poll is held the trustee receiving the highest number of votes shall be elected trustee for the longest term; the trustee receiving the next highest number of votes shall be elected trustee for the next longest term, and so on; and as between two or more trustees receiving the same number of votes, a trustee whose nomination is prior in time shall be deemed to have more votes than a trustee whose nomination is subsequent. 118.-

(1) The chairman of the electors' meeting shall preside at the taking of the poll and shall,- (

a) set apart a portion of the room where each voter may mark his ballot paper in privacy; (

b) prenare a supply of ballot papers sufficient for the election; (

c) provide a suitable box in which the ballot papers can be deposited.

(2) If the first chairman chosen is nominated for ele'c tion as a trustee, the meeting shall then choose another of their number as chairman of the meeting, who shall preside at the taking of the poll and perform the functions required to be performed by the chairman. 119.

Each ballot paper shall consist of a sheet of paper as nearly as may be four inches wide and six inches long, and may be either written or printed or partly written and partly printed, and shall contain the names of the can didates duly nominated, arranged in the alphabetical order of their surnames, and shall be in the form prescribed by the Minister. 120. The chairman shall place his initials on the back of each ballot paper before delivering it to the. voter. 121.-

(1) The chairman, if requested by an elector or of his own accord, may require any person wishing to vote at the election of a trustee to subscribe to a declaration in the form prescribed by the Minister that he is a bona fide elector of the district, and any person subscribing to the declaration, shall be permitted to vote.

1951 SCHOOL (PART IV) 37

(2) Every declaration shall be subscribed in the presence of the chairman and secretary, who shall subscribe their names as witnesses.

(3) All declarations subscribed pursuant to this

section shall be retained by the chairman. 1~. No voter shall vote more than once at any election, Number nor for a greater number of candidates than the number of of votes trustees to be elected. 123. The voter shall,- Method of (

a) place a cross, (or

X) on the ballot paper, to the ~l~~~nat right of the name of any ,candidate for whom he of trustees votes; and (

b) fold it so as not to disclose any markings thereon, but so as to show the chairman's initials on the back; and ·(

c) hand it to the chairman to be deposited in the ballot box; and (

d) forthwith quit the polling place. 124. If a voter is unable to read or write, the chairman Illiterate shall mark his ballot as directed by the voter in the presence Yo,ters of the secretary. 125. The chairman shall cause a poll book to be kept in Poll book the form prescribed by the Minister, in which the secretary shall enter the name and place of residence of each voter, numbering the same in ,consecutive order. 126. A candidate for the office of trustee, or an agent Right of appointed by him in writing may remain in the polling place. ~~~dl~u~\~e 127.-

(1) Except as otherwise directed by the Minister, Duration the poll shall remain open for two hours at the end of which of poll time it shall be declared closed.

(2) The Minister may direct that in any district the poll Eiden11~on shall remain open for a specified period longer than two ~ill1~o mg hours and this dire,ction shall remain in force until revoked.

(3) When the poll is declared closed, if there are electors V~tes d in the polling place who have not yet voted, the chairman ~1,t~~epoll shall permit them to do so, but he shall not allow any other closed electors to vote. 1.28. Immediately after the closing of the poll, the chair- ~ollngng· df man in the presence of all persons in the polling place, shall d:cl~ra ti~~ count the ballots and declare the result of the poll. of result 129. In counting the ballots the chairman shall examine Procedure the ballot papers individually and any ballot paper,- L~1fl~~~t (

a) which is not initialled as herein provided; or

38 Chairman may vote in case of tie at election of trustees Retention of ballot papers Nomination no.tice for election of a first board of trustees Delivery of nomination and accept ance forms and pos.ting of nomina tion notice for election of first board of trus.tees SCHOOL (PART IV) 1951 (

b) on which more than the authorized number of votes are given; or (

c) on which anything is written or marked by which the voter can be identified; or (

d) which has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identi fied; shall not be counted but shall be reje'cted and set aside as a rej ected ballot. 130. If it appears upon the counting of the ballots that two or more candidates for one vacancy have an equal number of votes, the chairman, before he declares the 'result of the poll, shall give a casting vote so as. to decide the elec tion, but except in such case the chairman shall not vote at an election. 131.

The chairman, unless the Minister otherwise directs, or unless a judge otherwise orders, shall retain the ballot papers and all other papers used in ,connection with the election for two months after the date thereof, and shall then, unless otherwise directed or ordered as afore said, forthwith burn the ballot papers and other papers. Annual Elections in Divisions. Nominations. 132.-

(1) For the election of a first board in a division, nominations for the office of divisional trustee for each subdivision shall be called by means of a notice in the form prescribed by the Minister.

(2) The secretary for the time being of the division, not later than fifteen days prior to the day fixed for the receipt of nominations, shall deliver at least five ,copies of the nomination form and the acceptance form referred to in

section 133 and of the notice referred to in subsection (1), to the secretary of each district within each subdivision of the division who shall, not later than the eighth day prior to the date fixed for the receipt of nominations, post up a copy of the notice in each of five widely separated con spicuous places in the district, one of which shall be the s.chool, if any. ForI? o~ 133.-

(1) A nomination for the office of divisional ~rmld\~1~~~n_ trustee shall be in writing in the form prescribed by the al trustee Minister. ~;~~~iO~

(2) The nomination shall be valid only if signed by at least five persons, other than the nominee, each of whom shall be an elector of the subdivision. ~cc~~!:~ce~

(3) The nomination shall be accompanied by an accept- ance in writing in. the form prescribed by the Minister signed by the nominee and setting out his qualifications for nomination.

1951 SCHOOL (PART IV) 39

(4) A nominee shall be an elector of the subdivision and Qualifi~tion able to read and write. of nommee

(5) A nominee for the office of divisional trustee; on or Withdrawal before six o'clock in the afternoon of the fifth day after of nominee the day for the receipt of nominations, may withdraw his nomination by delivering to the secretary of the division a statement in writing signed in the presen,ce of two wit- nesses or in the presence of the secretary of the division requesting the withdrawal of his nomination. 134.

If the number of nominees in a subdivision does Election of not exceed the number of trustees to be elected, or if, as a ~~~f~:a~i~n result of a withdrawal or withdrawals, the number of nominees has been reduced to the number of trustees to be elected, the nominee or nominees shall be declared elected by the secretary of the division and he shall certify the fact of the election in the manner prescribed in

section 145. 135. If a nominee for the position of trustee for a sub division, whose nomination has not been withdrawn pur suant to

section 133, subsection (5), dies prior to the date set for the election, the nomination proceedings with respect to that subdivision shall be void and the position of trustee for the subdivision vacant, and the board shall forthwith proceed to fill the vacancy. Elections. Voidance of nomination 1316.-

(1) For the election of a first board, in a sub- ~lection of division where there is more than one nominee, a poll shall ~lr{ru~~~~~ be held in each district in that subdivision on the day and ~~ .s~b- at the time and place fixed for that purpose in the Minister's IVlSlOn order made pursuant to the provisions of

section 23.

(2) For any subsequent election, in a subdivision where Subs~quent there are more nominees than the number of trustees to be ,r~~;\~e~S inOf elected, a poll shaH be held in each district in that sub- subdivision division on the second Saturday in January or on anyone of the three days prior to that day, and at such time and place as shall be fixed by the board.

(3) Notwithstanding subse,ction (2), if the annual meet ing in a subdivision is held at a date subsequent to the fifteenth day of December pursuant to

section 7'3, subsection (2), the poll in that subdivision may be held at such date after the second Saturday in January as the Minister approves. 137.--'

(1) Notwithstanding

section 136, subsection (2), Notic~ to the board may direct the electors of a district in which no ~~~hl~ school is in operation to cast their votes at a poll conducted dIstrict in some other district of the same subdivision by posting' a notice in at least five conspi,cuous places within the district.

40 Returning officer Deputy returning officer Poll clerk Candidate ineligible as deputy returning officer Notice of poll Delivery of ballot papers SCHOOL (PART IV) 1951

(2) An elector may cast his vote at any poll in the sulJ division other than that in his district or that at which he has been directed to vote under subsection (1) if, before voting, he completes a declaration in the form prescribed by the Minister that he is an elector of a district in the subdivision. 138.-

(1) The secretary, or temporary secretary of the division, as the case may be, shall be the returning officer.

(2) For each polling place in the subdivision and sub ject to the provisions of subsection (5), the board shall appoint a deputy returning officer who shall be an elector of the district within which the polling place is situated, and who shall have all the powers and perform all the duties that are assigned to the chairman in sections 118 to 129 inclusive.

(3) The secretary of the district or, in his absence or failure to act, such person as the deputy returning officer may appoint,- (

a) shall be the poll clerk and shall perform the duties that are assigned to the se,cretary in sections 121 and 125; and (

b) shall act as the deputy returning officer in case of the absence or disability of the deputy returning officer, and in that event shall appoint some other person to act as poll clerk.

(4) If so directed by the board, the person appointed to be deputy returning officer shall act also as poll clerk.

(5) A candidate for election to the office of divisional trustee shall not act as a deputy returning officer or as a poll clerk. 139. The returning officer not later than the eighth day prior to the date set for holding the poll,- (

a) shall post up, or ,cause to be posted up, a copy of the notice of poll in the form prescribed by the Minister in each operating school and in a con spicuous place near each post office within the sub division and also in a conspicuous place near each post office located in any town or village district surrounded by, or adjacent to, the subdivision; and (

b) shall further give notice of the poll by using any of the methods set forth in clauses (a), (

b) and (

c) of subsection (5) of se,ction 73. 140. The returning officer shall cause to be printed or otherwise prepared, a supply of ballot papers sufficient for the purposes of the election, and not later than the day prior to the day for the holding of the poll, shall deliver a sufficient number of ballot papers to the deputy returning officer for each polling place within the subdivision.

1951 SCHOOL (PART IV) 141.-

(1) In any city, town or village district the poll H1fr: of for a divisional trustee, by resolution of the board of the ~?visig;al division, may be kept open for a period of not less 'than trustee two hours between the hours of twelve o'clock noon and seven o'clock in the evening.

(2) The board of a division may provide by resolution that all polls for divisional trustees conducted in rural districts shall be kept open for three hours. 41 Deputy returning 142. The deputy returning oflker and poll clerk may officer and vote at the election. poll clerk eligible to vote 143. All provisions of this Part relating to election of POll.for t t 'd' t 't 'th th h ' electIOn of rus ees In IS rIC s, WI e necessary c anges beIng made, trustee in shall be applicable to the taking of a poll in a subdivision. subdivision 144. Upon the close of the poll the deputy returning Proce~ure officer and the paIl clerk shaIl,- ~?~~OeW~~g poll (

a) count the ballots in the presence of at least two electors; and (

b) make out and sign a statement in duplicate showing the result of the count of the ballots; and (

c) forward one copy of the statement to the returning offi~er by mail; and (

d) make up into a separate parcel the ballots cast, the other copy of the statement, the poll book, the re jected ballots, the unused ballots, the declarations and all other papers used in connection with the election; and (

e) seal up the parcel and either deliver it to the re turning officer or forward it to him by registered mail. 145.-

(1) The returning officer shall retain the sealed Counting I . h· 't·l h h . d th I d of ballots parce s In IS posseSSIOn un 1 e as receIve e sea e parcels from all the polling places in the subdivision.

(2) As soon as possible thereafter, upon reasonable notice to each of the candidates, and, in the presence of at least two electors, he shall,- (

a) break the seals and open the parcels; and (

b) count all the ballots therein; and (

c) declare the person or persons with the greatest number of votes elected.

(3) If it is found that two or more persons have each !-"rocec1ure . h In case of receIved an equal number of votes, the person w ose nom- tie vote ination is first shall be deemed to have more votes than the person whose nomination is subsequent.

(3) The returning officer shall forthwith certify in Notification bd. .. of results writing to the secretary of each district in the su IVIsIOn of election and to the Minister the name of the person or persons of trustt'es elected as a member ~r members of the divisional board for the subdivision.

42 Retention and dis posal of ballot papers Investigation of com plaint as to conduct of meeting or election Validity of election of trustee Proceedings in case of invalid election Declaration of office of district trustee Certificate of declara tion of office of district trustee SCHOOL (PART IV) 1951 . (4) .The returning offi,cer, unless the Minister otherwise directs or unless a judge otherwise orders, shall retain the ballot papers and all other papers used in connection with the election for two months from the date of the election when, unless otherwise ordered or directed as aforesaid, he shall burn the ballot papers and other papers.

Contested Elections and Meetings. Rural and Consolidated Districts. 1~.-

(1) Whenever complaint is made by an elector, verified by his statutory de,claration, that the conduct or any part thereof of a school meeting or the election of a trustee in a rural or consolidated district has not been in conformity with this Act, the Minister may investigate the matter and render such decision as he deems proper.

(2) No such complaint shall be investigated by the Minister unless made to him in writing within thirty days after the holding of the meeting or election. City, Town and Village Districts and Divisions. 147.-

(1) In a city, town or village district and in a division the validity of the election of a trustee may be con tested before a judge upon the relation of an elector entitled to vote in the election and the proceedings thereon shall be the same as in the case of contested elections of councillors under The Contr.overted Municipal Elections Act.

(2) If, in the proceedings, the election of the trustee is held by the judge or by the Appellate Division of the Supreme Court to be invalid, subject to the provisions of

section 154, subsection (2), an election shall be held forth with to fill the vacancy and shall be conducted in accordance with the provisions for annual ele,ctions. Declaration olf Office. Districts. 1.48.-

(1) Every district trustee, other than a trustee appointed by the Minister, before undertaking any of the duties of a trustee and taking his seat as a member of the board, shall make a declaration of office before the chair man of the meeting at which he was elected, or before a justice of the peace, or before a commissioner for oaths, in the form pres'cribed by the Minister.

(2) The chairman, justice of the peace, or commissioner for oaths before whom the declaration of office is taken shall deliver to the declarant a ,certificate signed by him in the form prescribed by the Minister.

1951 SCHOOL (PART IV) 43 on The certificate shall be delivered to the secretary of Deli.v~ry of the board by the trustee at the first meeting of the board ~ir~!~I~~~_ attended by him, and the secretary shall enter the fact of ~i~iceOfof its delivery on the minutes of that meeting. district trustee Divisions. 1:49..-

(1) Every divisional trustee, other than one ap- Declaration pointed by the Minister, before undertaking any of the ~1J:f~~~lof duties of a divisional trustee, and before he takes his seat trustee as a member of the divisional board, shall make a declara- tion of offi·ce before a justice of the pea'ce or before a com missioner for oaths, in the form prescribed by the Minister.

(2) Every justi.ce of the peace or commissioner for oaths Certificate before who.m the declaration of office is made, shall indorse ~fo~~~lara upon ~r attach to. th.e .declaration a certificate in the form ~f~l;ro~~l prescrIbed by the· MInIster. trustee (:3) The aforesaid declaration, together with the certifi- Deli.v~ry of cate relating thereto, shall be delivered to the secretary of ~ir~nf~~e()f the division by the trustee at the first meeting of the divi- ~ivi~ional sional board attended by him, and the secretary shall enter rus ee the fact of the delivery on the minutes of that meeting and shall retain the declaration and certificate on file.

Elections to· Fill Vacancies in Boards o,f Trustees Tenure of Trustee Filling Vacancy. 150.-

(1) The person elected to fill a vacancy shall hold Tf~r:ure (/ offi,ce in the place of and for the unexpired term of office, ~~u~Ct~_e 0 if any, of the member who held office immediately before ~~~~~'~y the vacancy occurred.

(2) Notwithstanding subsection (1), if the election to fill the vacancy is held at the annual ele1ction, and if at the time of that election the former trustee's term of office has expired or is due to expire before the next organization meeting of the board, the trustee elected to fill the vacancy shall hold offi·ce for the regular term. Vacancies in Rural, Village and Consolidated Districts. 151.-

(1) Where in a district, other than a town or city Election distdct, a va,cancy occurs in the interval between the last ~~ ifIystee day of November and the next annual meeting of the dis- [~d~~t2ct trict, then, if the number of remaining trustees constitutes other thall. a quorum, an election to fill the va,cancy shall be held at ~~;t~ic~r Clt) the annual meeting, but otherwise the election shall be held forthwith. (2') In all other cases upon a vacancy occurring in the board of a district, other than a town or eity district, the trustees remaining in office shall call forthwith a special meeting of the electors of the district in respect of which the vacancy exists, and the election shall be held in the manner pres·cribed. for the conduct of the annual election of trustees.

44 Election of trustee to fill vacancy in consoli dated SChOCll district SCHOOL (PART IV) 1951 152. In a consolidated school district, the meeting shall be held in the component district of the consolidated dis trict in which the vacancy has occurred. Vacancies in Town and City Districts. Election of 153. In town and city districts the election of a trustee trustee to II h II b h ld· th . fill vacancy to fi a vacancy s a e e In e same manner as IS ~ltytod~~trrc~l~ provided for the annual election of trustees.

Election of trustee to fill vacancy in school division Vacancy in chairman ship or vice-chair manship Constitution of board when divi sion is re subdivided Vacancies in School Divisions. 154.-

(1) If a vacancy occurs in the membership of the board of a division, prior to the first day of September, an election shall be held to fill the vacancy as nearly as may be in the manner provided for annual elections.

(2) If a vacancy occurs in the membership of the board on or after the first day of September, the vacancy shall not be filled until the next annual election of trustees when an election shall be held in the subdivision in respect of which the vacancy occurred.

(3) If the position of chairman or vice-chairman of the board becomes vacant before the first day of September, the vacancy in the board, if any, shall be filled in the manner provided by this Act and thereafter the board shall appoint a new chairman or vice-chairman, as the case may be. ( 4) If the position of chairman or vice-chairman of the board becomes vacant on or after the first day of September, a new chairman or vice-chairman shall be appointed im mediately. 155. When a division is resubdivided under the pro visions of

section 28, subsection (1), clause (e); (

a) each member of the board who held office imme diately prior to the re-subdivision shall continue until the expiration of his term of office to represent the new subdivision within which is' included the district in which he resides except as provided in clause (c); (

b) in each new subdivision where there is no con tinuing menlber of the board,- (

i) if the re-subdivision takes place prior to the first day of September, an election shall be held to elect a member to represent the sub division in as nearly as may be the manner provided for annual elections; (ii) if the re-subdivision takes place on or after the first day of September and before the date of the meeting of the board held for the pur pose or fixing the "dates for holding the an nual subdivisional meetings, nominations shall be received at the next annual meeting in each

1951 SCHOOL (PART V) -of these new ~ubdivisions, and any.necessary election shall be held at the annual -general election thereafter; (

c) if two or more trustees who held office immediately prior to the re-subdivision reside in the same new subdivision their terms 'Of office shall be deemed to have expired as of the date of the re-subdivision. and an election shall be held in that subdivision; (

d) unless the new memhers were elected at an annual general election, the board shall hold a meeting for reorganization within twenty days after aU neces sary electio.ns have been held and at this meeting shall elect a chairman and a vice-chairman; (

e) the Minister shall by order fix the term of office of ea'ch trustee whose election is required by the provisions of clauses (

b) and (c). ,Powers of Minister. 45 156. If default is made in electing a trustee of a district Powers of or division or in making the appointment of an officer ~~~~t~e_ which a board is

Document details

Collection	Alberta — Bills
Citation	L11 S4 6936
Type	bill
Volume / chapter	L11 S4 6936
Language	en
Format	json
Source	PROVINCIAL
Identifier	fc5549a5acf0f117375b4eb532478e8ebcfe9313

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