|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
"child" includes a person whom the trustee has demonstrated a settled intention to treat as a member of his or her family;
"controlling interest" means
(a) an interest that a trustee must disclose under section 5 (1) of the Financial Disclosure Act, or
"court" means the Supreme Court;
"meeting" includes a meeting of a committee of trustees;
"parent" includes a person whom the trustee has demonstrated a settled intention to treat as a member of his or her family;
"pecuniary interest" means, with respect to a trustee, an interest in a matter that could monetarily affect the trustee and includes an indirect pecuniary interest referred to in section 56;
"senior officer" means a senior officer as defined in the Business Corporations Act;
"spouse", subject to subsection (2), means a person who
56 For the purposes of this Part, a trustee has an indirect pecuniary interest in any matter in which the board is concerned if
and the corporation has a pecuniary interest in the matter, or
57 For the purposes of this Part, the pecuniary interest of a spouse or of a parent or child of the trustee is, if known to the trustee, deemed to be also the pecuniary interest of the trustee.
(2) If the meeting referred to in subsection (1) is not open to the public, in addition to complying with the requirements of that subsection the trustee must immediately leave the meeting or the part of the meeting during which the matter is under consideration.
(3) If the pecuniary interest of a trustee is not disclosed as required by subsection (1) by reason of the trustee's absence from the meeting, the trustee must disclose the pecuniary interest and otherwise comply with the requirements of that subsection at the first meeting of the board attended by the trustee after the meeting referred to in that subsection.
59 Section 58 does not apply to a pecuniary interest in any matter that a trustee may have
(c) by reason only that the trustee is a member of an association incorporated under the Cooperative Association Act or a credit union having dealings or contracts in respect of the matter with the board of the school district of which he or she is a trustee, or
(2) If a meeting is not open to the public, the fact that a disclosure of pecuniary interest was made under section 58, but not the general nature of that interest, must be recorded in the minutes of the next meeting that is open to the public.
61 (1) When the number of trustees who, because of this Part, are disqualified from participating in a meeting is such that at that meeting the remaining trustees are not of sufficient number to constitute a quorum, the board may apply to the court without notice to any person for an order authorizing the board to give consideration to, discuss and vote on the matter out of which the pecuniary interest arises.
(2) The court, on application under subsection (1) and after giving any direction as to service considered appropriate, may declare that section 58 does not apply to the board in respect of the matter in relation to which the application is brought, and the board may then give consideration to, discuss and vote on the matter in the same manner as though none of the trustees had any pecuniary interest in the matter, subject only to the conditions and directions that the judge may consider appropriate and so order.
62 (1) Subject to subsection (3) an elector may, within 6 weeks after the fact comes to the elector's knowledge that a trustee may have contravened section 58, apply to the court for a determination of the question of whether the trustee has contravened section 58.
(b) may, if the contravention has resulted in financial gain, require the person to make restitution to the party suffering the loss or, if that party is not readily ascertainable, to the board of which the person is a trustee or former trustee.
(2) If the court determines that a person who is currently holding an office of trustee contravened section 58 and finds that the contravention was committed through inadvertence or because of an error in judgment made in good faith, the person is not subject to having his or her office declared vacant under subsection (1).
(3) An office declared vacant under subsection (1) must remain vacant if the decision is appealed, and no election to fill the office may be held until the final determination of the matter or until the next general school election, whichever is earlier.
64 (1) The failure of any person to comply with the requirements of section 58 does not of itself invalidate any proceedings of the board, but the proceedings are voidable at the instance of the board before the expiration of 2 years from the date of the passing of the resolution or bylaw in respect of which the failure occurred.
(2) Subsection (1) applies unless to invalidate the proceedings would adversely affect the rights of another person who acquired those rights under or as a result of the proceedings and who acted in good faith and without actual notice of the failure to comply with section 58.
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