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This Act has "Not in Force" sections. See the Table of Legislative Changes.

School Act

[RSBC 1996] CHAPTER 412

Contents
Part 1 — Interpretation
1Definitions and interpretation
Part 2 — Students and Parents
 Division 1 — Students
2Access to educational program
3Entry to educational program
3.1Enrollment – distributed learning
4Consultation
5Language of instruction
6Duties of students
 Division 2 — Parents
7Parents' entitlements and responsibilities
7.1Parent volunteers
8Parents' advisory council
8.1School planning council
8.2Role of a school planning council
8.3School plan
8.4District parents' advisory council
8.5Purpose and operation of district parents' advisory council
 Division 3 — Joint Rights and Duties
9Examination of student records
10Liability for damage to property
11Appeals
11.1Appeals to superintendent of achievement
11.2Powers and duties of superintendent of achievement on appeal
11.3Board decision may be suspended
11.4Adjudication of appeals
11.5Reconsideration by board
11.6Decision final
11.7Application of the Administrative Tribunals Act
11.8Immunity protection for superintendent of achievement, mediator or adjudicator
 Division 4 — Home Education
12Home education
13Registration
14Power to report
Part 3 — School Personnel
 Division 1 — General
15Employees
16Report of dismissal, suspension and discipline regarding authorized persons
16.1Report of dismissal, suspension and discipline regarding superintendents
17Teachers' responsibilities
18Teachers' assistants
19Employee  qualifications
20Principal, vice principal and director of instruction
21Offer of teaching position and seniority
22Superintendent of schools
23Secretary treasurer
24Notification of appointment
25Act prevails
26Powers to suspend
26.1Board use of volunteers
 Division 2 — Teachers' Collective Agreements
27Terms and conditions of teachers' employment and restricted scope of bargaining
27.1Repealed
28Scope of bargaining
29Application of the Labour Relations Code
Part 4 — School Trustees
 Division 1 — Establishment of Boards of Education
30Composition of board
31First members of board
 Division 2 — Trustee Qualifications
32Who may hold office
33Disqualifications
34Disqualification of board employees
 Division 3 — Elections
35General school election
36By-elections
37Responsibility for conducting elections
38Costs of trustee election conducted by municipality
 Division 4 — Electors
39Who may vote at an election
40Resident electors
41Non-resident property electors
42Rules for determining residence
43Registration as an elector
44Repealed
 Division 5 — Election Proceedings
45Elections conducted by board
46Elections conducted by municipality
47Counting of the vote
48Election offences
 Division 6 — Holding Office
49General term of office
50Oath of office
51Resignation from office
52Disqualification for failure to make oath or attend meetings
53Removal of trustee following conviction for offence
54Questions as to trustee qualifications
Part 5 — Conflict of Interest
55Definitions
56Indirect pecuniary interest
57Deemed pecuniary interest
58Duty of trustee
59Exceptions
60Record of disclosure
61Remedy for lack of quorum
62Application to court
63Remedy
64Proceedings voidable
Part 6 — Boards of Education
 Division 1 — Corporate Status and Meetings
65Board is a corporation
66Quorum
67Meetings and chair
68Passage of bylaws
69Attendance of public and secretary treasurer at meeting
70Improper conduct at meetings
71Remuneration and expense allowance
72Minutes
 Division 2 — Powers and Duties
73Establishment and closure of schools
74Management of schools and property
74.01Video surveillance cameras
74.1Enrollment in an educational program
75Provision of educational program
75.1Catchment areas
76Conduct
76.1Class size
76.2 to 76.7Repealed
76.8Authority of vice principal under sections 76.1 to 76.6
77Repealed
78Repealed
78.1Repealed
79Student records
79.1Transmitting records
79.2Achievement contracts
79.3Report on student achievement
79.4Administrative directives
80Repealed
81Reports
81.1District literacy plans
82Fees and deposits
82.1Specialty academies
82.2Trades programs
82.3Musical instruments
82.31International Baccalaureate
82.4Requirement for financial hardship policy
83Financial assistance
84Insurance
85Power and capacity
85.1Use of board property
86Agreements
87Training of student teachers
 Division 2.1 — School Calendars
87.01School calendar
87.02School calendar – amendment
87.03Requirement to comply with school calendar
 Division 3 — Health and Other Support Services
87.1Definitions for this Division
88Support services for schools
89School medical officer
90Inspection and closure of school
91Examinations and reports by school medical officer
92Board may require employee to undergo examination
 Division 4 — Limitation of Actions and Indemnification
93Interpretation
94Actions against board
95Indemnification against proceedings
Part 6.1 — Companies
 Division 1 — Interpretation
95.1Definitions
95.11Definitions — application of Business Corporations Act
95.12Repealed
 Division 2 — Incorporation
95.2Formation of company
95.21Formation of companies — signature on articles
95.22Effect of incorporation
95.23Formation of companies — application of the Business Corporations Act
95.231Company without a member
95.24Corporate name
95.25Share capital
95.26Member of one company
95.27Capacity and powers — application of the Business Corporations Act
95.28Repealed
95.29Company offices — application of the Business Corporations Act
 Division 3 — Finance
95.3Share transfer
95.31Guarantees and indemnities
95.32Shares and liabilities of members — application of the Business Corporations Act
95.33Loans and transfers to a company
95.34Borrowings — application of the Business Corporations Act
 Division 4 — Management
95.4Number of directors
95.41Management — application of the Business Corporations Act
95.411Residence of majority of directors
95.412Financial assistance restricted
95.413When loans and guarantees prohibited
95.414Contract enforceable
95.42Annual general meetings
95.43Attendance of public and secretary treasurer at meetings
95.44Improper conduct at meetings
95.45Minutes of proceedings
 Division 5 — Records
95.5Examination of records
95.51Inspection of accounting records
95.52Records — application of the Business Corporations Act
95.53Annual report
 Division 6 — Audits
95.6Audit committee
95.61Audits — application of the Business Corporations Act
95.62Appointment of auditors
95.63Duties and rights of auditor
 Division 7 — Company Alterations
95.7Conversion of a company
95.71Liabilities unaffected by conversion
95.72Company alterations — application of the Business Corporations Act
95.73Special resolution must be approved by bylaw
 Division 8 — Proceedings, Dissolution and Restoration and Administration
95.8Proceedings — application of the Business Corporations Act
95.81Member of more than one company
95.82Dissolution and restoration — application of the Business Corporations Act
95.83Administration — application of the Business Corporations Act
 Division 9 — Regulations
95.9Regulations — application of Business Corporations Act
95.91Transition
Part 7 — School Property
 Division 1 — Acquisition and Disposal of Land and Improvements
96Acquisition and disposal of land
97Assets in board's name
98Sites
99Grants of Crown land
100Disposition of proceeds on alienation
100.1Disposition of proceeds from a lease
101School sites under the Local Government Act
 Division 2 — School District Housing
102Authority to provide housing
103Repealed
104Financing
105Rent
106Application of Division
Part 8 — Finance
 Division 1 — Provincial Funding
106.1Definitions
106.2Provincial funding for boards
106.3Operating grants to boards
106.4Targeted grant
107-108Repealed
109Repealed
 Division 2 — Establishment of Board Budgets
110Financial information
111Preparation of annual budget
112Referendum
112.1Referendum bylaw
113Adoption of budget
 Division 3 — Grants
114Payment of grants
115Special purpose grants
115.1Annual facility grant
115.2Learning improvement fund
116Support of Provincial schools
117Conditions of grant payment
 Division 4 — Taxation
118Grants in place of taxes
119Provincial levy of tax on land and improvements
120Variable tax rate system for taxation
121Adjustments
122Liability for taxation
123Application of other Acts for rural areas
124Collection of school taxes by municipality
125Interest on unpaid taxes
126Inspection
127Application of other Acts for municipalities
128General provisions on collection of school taxes
129Taxation of school property
130Agricultural land reserve exemption
131Other exemptions
131.1School tax exemptions and refunds for approved and eligible alternative energy power projects
131.2Provincial industrial property tax credit
131.3Provincial farm land tax credit
132Corporations
133Assessor may require information in rural area
134Collector to apply Taxation (Rural Area) Act
135Appeal
136Assessment to repay borrowed money
137School referendum taxes
 Division 5 — General
138Regulations
139Short term borrowing
140First charges
 Division 6 — Capital Plans and Money Bylaws
141Capital projects
142Capital plan
143Capital bylaws
144Borrowing for capital expenditures
145Sinking fund debentures
146Issue of debentures to certain special purchasers
 Division 7 — Debentures
147Issue of debentures
148Signature and corporate seal
149Debentures guaranteed
150Registration of debentures and transfers
151Validity of debentures
152Issue of duplicate debenture
153Provincial repayments to board
154Repayment of debentures
 Division 8 — Accounts and Audits
155Repealed
156Accounting practices
157Financial statements
157.1Financial information
158Appointment of auditor
159Rescission of auditor's appointment
160Minister may remove auditor
161Duties of auditor
162Auditor to report irregularities
163Unauthorized expenditures
164Duty to assist auditor
165Auditor's power to obtain records
166Elector may object
Part 8.1 — Francophone Education Authorities
 Division 1 — Interpretation
166.1Definitions
166.11Interpretation
 Division 2 — Establishment and Membership
166.12Establishment of francophone education authorities
166.13Membership in a francophone education authority
166.14Members' right to vote
166.15–166.16Repealed
 Division 3 — Regional Trustees
166.17Appointment of first regional trustees
166.18General election of regional trustees
166.19Oath of office
166.2Vacancy in office of regional trustee
166.21Powers, functions and duties of board of regional trustees
166.211Francophone literacy plan
166.22Meetings of the board of regional trustees
166.23Conflict of interest
 Division 4 — Francophone Educational Programs
166.24Enrollment in a francophone educational program
166.241Priority of enrollment
166.25Provision of francophone educational programs
166.251Francophone catchment areas
166.26Rights and duties of enrolled children and their parents
 Division 5 — Personnel
166.27Directeur général and secrétaire trésorier
166.28Francophone school personnel
 Division 6 — School Property
166.29Acquisition and disposal of land and improvements
166.3Housing accommodation
 Division 7 — Finance
166.31Establishment of budgets for francophone education authorities
166.32Grants
166.33Taxation of francophone school property
166.34Short term borrowing and first charges
166.35Capital plans and money bylaws
166.36Debentures
166.37Accounts and audits
166.38Member may object
166.39Right of action preserved
 Division 8 — General
166.4Additional powers and duties of a francophone education authority
166.41Health and other support services
166.42Limitation of actions against francophone education authority
166.43Indemnification against proceedings
166.431Appointment of special advisor to a francophone school district
166.432Powers of special advisor to a francophone school district
166.433Responsibilities of the francophone education authority
166.44Appointment of official trustee
166.45Powers of official trustee
166.451School calendars
166.452Reimbursement of expenses for designated educational activities
166.453Annual practice fee
166.46Maintenance of order
Part 9 — General
 Division 1 — Ministry of Education
167Ministry of Education
168Jurisdiction of minister
168.01Minister's regulations
168.02Minister's regulations – school calendars
168.1Reimbursement of expenses for designated educational activities
168.2Annual practice fee
169Annual report and ministerial statement
170Non-disclosure of student records
170.1Personal education numbers
170.2Public post-secondary students
170.3Not in force
170.4Student financial assistance
170.5Removal or destruction of individual identifiers
 Division 2 — Education Advisory Council
171Education advisory council
 Division 2.1 — Special Advisor
171.1Appointment of special advisor
171.2Powers of special advisor
171.3Responsibilities of the board
 Division 2.2 — Superintendents of Achievement
171.4Appointment and duties of superintendent of achievement
171.5Powers of inspection
171.6Responsibilities of board or francophone education authority
 Division 3 — Official Trustee
172Appointment of official trustee
173Powers of official trustee
 Division 4 — Examiners
174Appointment of boards of examiners
 Division 5 — Lieutenant Governor in Council Regulations and Orders
175Power to make regulations and orders
176Creation and alteration of school districts
 Division 6 — Offences
177Maintenance of order
 Division 7 — Validation of Fees
178Validation of fees – International Baccalaureate program
Schedule