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

School Act

[RSBC 1996] CHAPTER 412

Part 8.1 — Francophone Education Authorities

Division 1 — Interpretation

Definitions

166.1  In this Part:

"authority" means a francophone education authority;

"board of regional trustees" means the board of regional trustees of a francophone education authority constituted under this Part;

"francophone catchment area" means, in relation to a francophone school, the geographical area established under section 166.251 as the francophone catchment area for the francophone school;

"general election" means an election referred to in section 166.18;

"member" means a person who is admitted as a member of a francophone education authority under this Part;

"president" means the president of a francophone education authority elected under this Part;

"regional trustee" means an elected or appointed trustee of a francophone education authority.

Interpretation

166.11  (1) Where, in this Part, a provision of this Act is made to apply for the purposes of this Part, a reference in that provision to a word or phrase listed in Column A is to be read as a reference to the word or phrase listed opposite in Column B.

Column A Column B
assistant superintendent assistant to the directeur général of a francophone education authority
board francophone education authority
board of education francophone education authority
chair president of a francophone education authority
director of instruction francophone director of instruction
district francophone school district
educational program francophone educational program
elector member of a francophone education authority
principal francophone principal
school francophone school
school district francophone school district
secretary-treasurer secrétaire trésorier of a francophone  education authority
student francophone student
superintendent directeur général of a francophone education authority
teacher francophone teacher
trustee regional trustee of a francophone education authority
vice chair vice president of a francophone education authority
vice principal francophone vice principal.

(2) If an order or regulation referred to in section 175 (7) is made to apply for the purposes of this Part, a reference in that order or regulation to a word or phrase listed in Column A of subsection (1) is to be read as a reference to the word or phrase listed opposite in Column B.

(3) If a provision that applies for the purposes of this Part refers to a word or phrase that is defined in section 1 of this Act but is not listed in Column A of subsection (1), a reference in that definition to a word or phrase listed in Column A of subsection (1) is to be read as a reference to the word or phrase listed opposite in Column B.

(4) Despite subsection (1), in applying the following provisions for the purposes of this Part, the references to a board are to be read as references to the board of regional trustees of a francophone education authority:

(a) the references to a board in sections 15 (6) and (7), 54, 58 (1) and (3), 68 (4), 69 (1) to (3), 70, 72 (1) and (4), 143 (2) (c), 144 (1) (a) and 177 (2) and (4);

(b) the first reference to a board in each of sections 69 (4), 72 (3), 157 (4) and 161 (1) (d) and (2);

(c) the second reference to a board in sections 61 (1) and (2) and 72 (2).

(5) If, in a provision of this Act that applies for the purposes of this Part, a reference is made to another provision of this Act, that reference is, for the purposes of this Part, deemed to be a reference to that other provision as it is to be read under this section.

(6) Section 42 applies for determining residency for the purposes of this Part.

Division 2 — Establishment and Membership

Establishment of francophone education authorities

166.12  (1) The Lieutenant Governor in Council may, by regulation,

(a) establish a francophone education authority,

(b) assign a name to a francophone education authority, and

(c) prescribe an area, to be known as a francophone school district, over which a francophone education authority has jurisdiction.

(2) A francophone education authority established under subsection (1) is a corporation consisting of those persons admitted as members under section 166.13.

(2.1) A francophone education authority is responsible for the improvement of francophone student achievement in the francophone school district.

(3) For the purposes of carrying out its powers, functions and duties under this Act, a francophone education authority has the power and capacity of a natural person of full capacity.

(4) The francophone education authority known as the Autorite Scolaire established under B.C. Reg. 457/95, the Francophone Education Regulation, is continued as a francophone education authority under the name "Conseil Scolaire Francophone de la Colombie-Britannique".

(5) The authority continued under subsection (4) is a corporation consisting of its members in good standing on the day this section comes into force and those other members admitted in accordance with this Part.

(6) On the day they take office, the regional trustees of a francophone education authority continued under subsection (4) who are elected in the general election of regional trustees constitute the board of regional trustees of that authority.

(7) The Lieutenant Governor in Council may, by regulation,

(a) alter the boundaries of the area prescribed under subsection (1) (c),

(b) change the name of a francophone education authority, or

(c) abolish a francophone education authority.

(8) A variation in the membership of a francophone education authority that occurs as a result of an alteration under subsection (7) (a) does not abolish the francophone education authority.

(9) The assets of a francophone education authority, including funds, must be disposed of as directed by the Lieutenant Governor in Council, having regard to the rights of creditors, if, under subsection (7)

(a) the area over which the francophone education authority has jurisdiction is reduced,

(b) all or part of the area over which the francophone education authority has jurisdiction is included in the area over which another francophone education authority has jurisdiction, or

(c) the francophone education authority is abolished.

(10) Without limiting subsection (9), the Lieutenant Governor in Council may make provision for

(a) the use and administration of property used and administered by the francophone education authority but not vested in the authority,

(b) the transfer and payment of the liabilities of the francophone education authority and for raising funds necessary for payment of those liabilities, or

(c) the use and expenditure of the proceeds of the sale of any asset of the francophone education authority.

(11) Section 31 (4) applies for the purposes of this Part.

Membership in a francophone education authority

166.13  (1) Any eligible person, and any immigrant parent, who is resident in an area prescribed by regulation of the Lieutenant Governor in Council may apply to become a member of a francophone education authority by providing to the authority an affirmation in the prescribed form.

(2) A francophone education authority

(a) must admit as a member an eligible person who applies under subsection (1), and

(b) may admit as a member an immigrant parent who applies under subsection (1).

(3) A francophone education authority must not charge its members any membership dues or other fees or assessments related to acquiring or maintaining membership in the authority.

(4) A person is not disqualified from being a member of a francophone education authority merely because the person

(a) voted in a trustee election, or

(b) was nominated for, was elected or appointed to or holds office as a trustee.

(5) A person ceases to be a member of a francophone education authority if the person

(a) is no longer an eligible person or an immigrant parent,

(b) is no longer resident in the area prescribed under subsection (1), or

(c) delivers his or her resignation in writing to the secrétaire trésorier of the authority or mails or delivers it to the address of the authority.

Members' right to vote

166.14  (1) Subject to subsections (2) to (6), the members of a francophone education authority are entitled to vote in an election of regional trustees of the authority, other than the first regional trustees appointed under section 166.17 (1).

(2) In order to vote in an election referred to in subsection (1), a person must meet all of the following requirements at the time of voting:

(a) the person must be age 18 or older;

(b) the person must be a Canadian citizen;

(c) the person must have been a member of the francophone education authority for which the election is held for at least 120 days;

(d) the person must not be disqualified by this Act or another enactment from voting in the election or be otherwise disqualified by law.

(3) The following persons are disqualified from voting in an election referred to in subsection (1):

(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;

(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;

(c) a person who is prohibited from voting under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any matter under that Act, this Act or any other Act;

(d) a person who, in relation to that election, has contravened section 151 (3) of the Local Government Act, as that section applies to an election referred to in subsection (1).

(4) In addition to the persons referred to in subsection (3), a person who fails to comply with subsection (5) is also disqualified from voting in an election referred to in subsection (1).

(5) A person who wishes to vote in an election referred to in subsection (1) must

(a) make a declaration in the prescribed form that the person has not and will not vote in an election of school trustees to which the declaration applies, and

(b) file the declaration referred to in paragraph (a) with the francophone education authority.

(6) Subsection (5) applies only to an election referred to in subsection (1) that occurs in 1999 or later.

(7) A person must not vote in an election referred to in subsection (1) unless entitled to do so.

(8) For the purpose of elections referred to in subsection (1), the Lieutenant Governor in Council may, by regulation,

(a) establish wards for the area prescribed under section 166.13 (1), and

(b) alter the boundaries of the wards established under paragraph (a).

Repealed

166.15–166.16  [Repealed 1999-8-22.]

Division 3 — Regional Trustees

Appointment of first regional trustees

166.17  (1) The Lieutenant Governor in Council may appoint as the first regional trustees of a francophone education authority those eligible persons who the Lieutenant Governor in Council considers represent the interests of the eligible persons resident in the area prescribed under section 166.13 (1).

(2) The regional trustees appointed under subsection (1) hold office for a term set by the Lieutenant Governor in Council.

General election of regional trustees

166.18  (1) A general election of regional trustees of a francophone education authority must be conducted in accordance with the regulations and held in 1999 and in every third year after that.

(1.1) The third Saturday of November in the year of a general election is to be known as election day.

(1.2) On election day, the secrétaire trésorier must declare the results of the general election.

(2) The number of regional trustees to be elected under subsection (1) is 3, 5, 7 or 9 regional trustees, as prescribed by the Lieutenant Governor in Council.

(3) Subject to section 166.19 (2), the term of office of a regional trustee elected under subsection (1)

(a) begins on the first Monday after December 1 following the general election of regional trustees or when the person takes office in accordance with section 166.19 (2), whichever is later, and

(b) ends immediately before the first Monday after December 1 in the year of the next general election of regional trustees or when at least 3 regional trustees elected or appointed following that election have taken office, whichever is later.

(4) A candidate for election as a regional trustee who is not elected and who alleges that he or she should have been elected may, not more than 10 days after receiving notice of the outcome of the election, apply to the Supreme Court for an order declaring the applicant to be elected in place of the candidate declared to be elected under the regulations.

(5) A person who holds office as a trustee is disqualified from being nominated for, being elected to or holding office as a regional trustee of a francophone education authority.

(6) If a regional trustee of a francophone education authority is continuously absent from board meetings for a period of 3 consecutive months, unless the absence is because of illness or is with the permission of the board of regional trustees, the office of the regional trustee is deemed to be vacant and the person who held the office is disqualified from holding office as a regional trustee until the next general election of regional trustees of the francophone education authority.

(7) If an election of regional trustees is not held as required under this Part, or if the members of the authority fail to elect the number of regional trustees that are to be elected, the minister may appoint persons as regional trustees to fill the unfilled regional trustee positions until the next general election of regional trustees under this section.

Oath of office

166.19  (1) A person appointed or elected as a regional trustee of a francophone education authority must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:

(a) in the case of a person appointed as a regional trustee under section 166.17 (1), 166.18 (7) or 166.2 (3), within 45 days after the effective date of the appointment;

(b) in the case of a person elected by voting in accordance with the regulations, within 45 days after the declaration of the results of the election;

(c) in the case of a person elected by acclamation in accordance with the regulations, within 50 days after the declaration of the results of the election.

(2) Section 50 (2), (3) and (4) applies for the purposes of this Part.

(3) If a person appointed or elected as a regional trustee of a francophone education authority does not make the oath required by subsection (1) within the time limit set by that subsection, the office to which that person was appointed or elected is deemed to be vacant and the person is disqualified from holding office as a regional trustee until the next general election of the regional trustees of the francophone education authority.

Vacancy in office of regional trustee

166.2  (1) If

(a) a regional trustee ceases to hold office before the end of the regional trustee's term of office, or

(b) the office of a regional trustee is declared vacant on the final determination of an application under section 63 (1), as that section applies for the purposes of this Part,

a by-election must be held in accordance with the regulations to fill the vacancy in that office.

(2) If a vacancy occurs after January 1 in the year of a general election of regional trustees, a francophone education authority may hold the vacancy open until the next general election as long as at least 3 regional trustees continue to hold office.

(3) If fewer than 3 regional trustees continue to hold office, the francophone education authority must hold an election of regional trustees in accordance with the regulations or notify the minister, who must appoint persons as regional trustees to fill the vacancies.

(4) A person elected or appointed under this section holds office for the remainder of the term of the regional trustee who vacated the office.

(5) No act or proceeding of the board of regional trustees is invalid merely because there are in office fewer than the number of regional trustees required under this Part.

(6) Sections 51, 53 and 54 apply for the purposes of this Part.

(7) In applying sections 53 and 54 for the purposes of this Part, a reference in those provisions to

(a) section 163 (2) is deemed to be a reference to section 166.37,

(b) an elector of a school district is deemed to be a reference to a member of a francophone education authority,

(c) Part 5 is deemed to be a reference to section 166.23,

(d) a general school election is deemed to be a reference to a general election of regional trustees under this Part, and

(e) section 36 (5) is deemed to be a reference to subsection (3) of this section.

Powers, functions and duties of board of regional trustees

166.21  (1) The regional trustees that are elected or appointed under this Part constitute the board of regional trustees of the francophone education authority.

(2) The board of regional trustees of a francophone education authority may exercise all the powers, functions and duties of the francophone education authority.

(3) Unless expressly required to be exercised by bylaw, all powers of the board of regional trustees may be exercised by bylaw or resolution.

(4) The board of regional trustees may exercise a power with respect to the acquisition or disposal of property owned or administered by the francophone education authority only by bylaw.

(5) The board of regional trustees may

(a) establish committees and specify the functions and duties of those committees, and

(b) delegate specific and general administrative and management duties to one or more employees of the francophone education authority.

(6) Committees of regional trustees or individual regional trustees may not exercise the rights, duties and powers of the board of regional trustees.

Francophone literacy plan

166.211  (1) A francophone education authority must, on or before July 15 of a school year, establish and make available to the public a francophone literacy plan for the school year, setting out the plan for improving francophone literacy within the francophone school district.

(2) A francophone literacy plan must address any matters required by the minister.

(3) In preparing a francophone literacy plan, a francophone education authority must provide an opportunity to persons in the francophone school district who have an interest in francophone literacy to review and comment on its proposed francophone literacy plan.

Meetings of the board of regional trustees

166.22  (1) After an election of regional trustees under section 166.18, the secrétaire trésorier for the francophone education authority must convene a first meeting of the board of regional trustees as soon as possible and in any event within 30 days from the date that the new board of regional trustees begins its term of office.

(2) The board of regional trustees of a francophone education authority must meet as often as is necessary to transact its business and in any event not less than once in every 3 months.

(3) At the first meeting of the board of regional trustees, the regional trustees must elect from among themselves a president and vice president.

(4) A majority of the regional trustees may elect a new president or vice president at any time.

(5) A quorum of the board of regional trustees is a majority of the regional trustees holding office at the time of the meeting of the board of regional trustees.

(6) A regional trustee may participate in a meeting of the board of regional trustees by telephone or other means of communication if all the participants at the meeting are able to communicate with each other.

(7) The board of regional trustees must establish procedures governing the conduct of its meetings and must permit any person to inspect those procedures.

(7.1) Without limiting subsection (7), a board of regional trustees may establish procedures respecting the provision of advice by a district parents' advisory council to the board.

(8) Sections 68 to 72 apply for the purposes of this Part.

Conflict of interest

166.23  (1) Sections 55 to 62, 63 (1) and (2) and 64 apply for the purposes of this Part.

(2) An office declared vacant under section 63 (1), as that section applies under subsection (1) of this section, 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 election of regional trustees under this Part, whichever is earlier.

Division 4 — Francophone Educational Programs

Enrollment in a francophone educational program

166.24  (1) An eligible child of school age who is resident in a francophone school district, on application to the francophone education authority for that district, is entitled to enroll in a francophone educational program provided by the authority.

(2) On application to a francophone education authority, an eligible child of school age who is resident in British Columbia is entitled to enroll in a francophone educational program provided by the francophone education authority if the francophone education authority determines that space and facilities are available for the child at the school in which the francophone educational program is provided.

(3) A francophone education authority, on receiving an application, may enroll an immigrant child of school age who is resident in British Columbia in a francophone educational program provided by the authority.

(4) An application to enroll a child under subsections (1) to (3) must include a signed affirmation, in the prescribed form, of one of the parents of the child unless at least one of the parents of the child is a member in good standing of the francophone education authority at the time that the application to enroll is made.

(5) If a francophone education authority enters into an agreement with a board by which the board agrees to provide all or any part of a francophone educational program to a francophone student, that francophone student is, for all purposes of this Act other than Part 8 of this Act and Division 7 of this Part, deemed to be enrolled with the board with respect to that portion of the francophone educational program provided by the board.

(6) If a board enters into an agreement with a francophone education authority by which the authority agrees to provide all or any part of a francophone educational program to an eligible child or immigrant child who is resident outside the francophone school district for that authority and who is enrolled with the board, that child is, for all purposes of this Act other than Part 8 of this Act and Division 7 of this Part, deemed to be enrolled with the francophone education authority with respect to that portion of the francophone educational program provided by the authority.

Priority of enrollment

166.241  (1) In this section:

"francophone catchment area child" means an eligible child

(a) of school age, and

(b) resident in the francophone catchment area of the francophone school;

"francophone non-catchment area child" means an eligible child

(a) of school age,

(b) resident in the francophone school district, and

(c) not resident in the francophone catchment area of the francophone school;

"francophone non-school district child" means an eligible child

(a) of school age,

(b) resident in British Columbia, and

(c) not resident in the francophone school district;

"francophone school district child" means a francophone catchment area child or a francophone non-catchment area child;

"previous school year" means the school year previous to the year for which the person is applying to enroll in a francophone educational program.

(2) A francophone education authority must enroll all eligible children who exercise their entitlement to enroll in a francophone educational program under section 166.24 (1).

(3) A francophone education authority may refuse to enroll a francophone non-school district child under section 166.24 (2) if the child is

(a) a francophone student suspended by a francophone education authority under section 85 (2) (d), or

(b) a francophone student to whom a francophone education authority has refused to offer a francophone educational program under section 85 (3).

(4) A francophone education authority

(a) for each school year, must establish a date by which an application to enroll an eligible child in a francophone educational program must be received by the francophone education authority for the purposes of this section,

(b) in respect of the date referred to in paragraph (a), may establish different dates for different grades, francophone educational programs, francophone schools or children defined in subsection (1), and

(c) may dispense with the application referred to in paragraph (a) and establish an alternative procedure to enroll a francophone school district child who was enrolled in a francophone educational program in the francophone school district in the previous school year.

(5) If a francophone education authority establishes an alternative application procedure under subsection (4) (c), the enrollment of a francophone school district child remains subject to the priorities set out in this section.

(6) If a francophone education authority determines that space and facilities are available at the francophone school in which the francophone educational program is made available, an eligible child whose application was received by the francophone education authority by the date established under subsection (4) is entitled to enroll in that educational program in the following descending order of priority:

(a) a francophone catchment area child who, in the previous school year, attended the francophone school at which the francophone educational program is made available;

(b) a francophone catchment area child;

(c) a francophone non-catchment area child;

(d) a francophone non-school district child.

(6.1) Despite subsection (6), a francophone education authority may, subject to subsection (6.2), give priority to

(a) a francophone catchment area child as if that child were a child described in subsection (6) (a) if, in the previous school year, the child attended a francophone school from which the francophone education authority reassigns francophone students progressing through their francophone educational program to the francophone school at which the francophone educational program is made available,

(b) a francophone non-catchment area child or a francophone non-school district child as if the child were a child described in subsection (6) (a) or (b) if the child, in the previous school year,

(i)   attended the francophone school at which the francophone educational program is made available, or

(ii)   attended a francophone school from which the board reassigns francophone students progressing through their francophone educational program to the francophone school at which the francophone educational program is made available, and

(c) a sibling of a child described in subsection (6) (a) or paragraph (b) (i) of this subsection as if the sibling were a child described in subsection (6) (a) or (b) if the sibling is an eligible child who does not attend francophone school or attends a different francophone school at the time the application under subsection (4) is made.

(6.2) The francophone education authority must establish rules governing the exercise of its discretion under subsection (6.1) and must make those rules publicly available.

(7) If a francophone education authority determines that space and facilities are available at the francophone school in which the francophone educational program is made available, a francophone non-school district child referred to in subsection (6) is entitled to enroll in a francophone educational program in priority to a francophone school district child whose application was received by the francophone education authority after the date established under subsection (4).

(8) A francophone education authority must establish rules for determining priority between 2 or more persons having the same priority under this section.

(9) For the purposes of this section, an eligible child's residency is determined as of the date the application to enroll the child is submitted to the francophone education authority.

Provision of francophone educational programs

166.25  (1) Subject to the other provisions of this Act and the regulations and to any orders of the minister under this Act, a francophone education authority must make a francophone educational program available to all persons who enroll with the authority under section 166.24.

(2) The francophone educational program to be provided under subsection (1) may be provided

(a) in the francophone school district, or

(b) with the consent of a parent of the person referred to in subsection (1), in another francophone school district or in a school district.

(3) A francophone education authority may provide the francophone educational program referred to in subsection (1) in one or more of the following ways:

(a) all or any part of the francophone educational program is provided directly by the francophone education authority;

(b) with the agreement of another francophone education authority and with any consent required under subsection (2) (b), all or any part of the francophone educational program is provided by that other francophone education authority;

(c) with the agreement of a board of a school district and with any consent required under subsection (2) (b), all or any part of the francophone educational program is provided by that board.

(4) Subject to section 166.241, a francophone education authority may assign and reassign to specific francophone schools or to specific francophone educational programs the children enrolled in a francophone educational program provided by it.

(5) A francophone education authority may recognize, as part of a francophone educational program provided by it, an educational activity that is not provided by the francophone education authority.

(6) Subject to the regulations, a francophone education authority

(a) is responsible for evaluating all of the francophone educational programs and services that it provides, including services provided on its behalf, and

(b) must have francophone students assessed and evaluated by a certificate holder..

(7) A francophone education authority may, in accordance with any terms and conditions specified by the authority, permit a person who is older than school age but who is the child of an eligible parent or immigrant parent

(a) to attend a francophone educational program provided by the authority, or

(b) to enroll and receive instruction in a francophone educational program sufficient to meet the general requirements for graduation.

(8) The only educational programs that a francophone education authority may provide are francophone educational programs.

(9) A francophone education authority must not provide a francophone educational program to any person other than

(a) a person who is enrolled with the francophone education authority under section 166.24, or

(b) a person permitted to attend the program under subsection (7).

(10) A board must not provide a francophone educational program to a student resident in a francophone school district other than a student who is deemed to be enrolled with the board under section 166.24 (5).

Francophone catchment areas

166.251  (1) A francophone education authority must establish, for each francophone school in its francophone school district, a francophone catchment area consisting of a geographical area around the francophone school that includes all or part of the francophone school district.

(2) A francophone education authority may amend the francophone catchment area established for a francophone school under subsection (1).

Rights and duties of enrolled children and their parents

166.26  Sections 4, 6 to 9, 11 and 11.1 to 11.6 apply for the purposes of this Part.

Division 5 — Personnel

Directeur général and secrétaire trésorier

166.27  (1) A francophone education authority must appoint an individual as the directeur général of the authority.

(2) The directeur général of a francophone education authority, under the general direction of the board of regional trustees of the authority,

(a) has general supervision and direction over the educational staff employed by the authority,

(b) is responsible

(i)   to the francophone education authority, for improvement of student achievement in the francophone school district,

(ii)   for the general organization, administration, supervision and evaluation of all francophone educational programs provided by the authority, and

(iii)   for the operation of francophone schools in the francophone school district,

(b.1) must on or before December 15 of a school year prepare and submit to the francophone education authority a report on student achievement in the francophone education school district for the previous school year, and

(c) must perform other duties set out in the regulations.

(2.1) A directeur général must promptly provide to a superintendent of achievement for the francophone school district any information or report requested by the superintendent of achievement.

(3) A francophone education authority must

(a) appoint an individual as the secrétaire trésorier of the authority, and

(b) arrange for the bonding of the secrétaire trésorier in an amount the authority considers adequate.

(3.1) The secrétaire trésorier of a francophone education authority is its corporate financial officer and must perform those duties set out in the regulations.

(4) A francophone education authority may appoint one or more assistants

(a) to the directeur général to perform those duties assigned by the directeur général, or

(b) to the secrétaire trésorier to perform those duties assigned by the secrétaire trésorier.

(5) A francophone education authority must promptly notify the minister of the appointment or termination of appointment of the directeur général or the secrétaire trésorier of the authority.

Francophone school personnel

166.28  (1) Sections 15 to 21 and 25 to 29 apply for the purposes of this Part.

(2) A francophone education authority must, for the first school year in which it intends to employ persons as francophone teachers to provide a francophone educational program to francophone students, attempt, on terms and conditions the board of regional trustees considers appropriate, to fill any available teaching positions with individuals who

(a) are teachers employed by a board of education,

(b) are or were, in the immediately preceding school year, employed by a board of education to teach a francophone educational program in the francophone school district over which the authority is responsible, and

(c) are, in the opinion of the board of regional trustees, qualified and suitable for the available positions.

Division 6 — School Property

Acquisition and disposal of land and improvements

166.29  (1) Section 96 (1), (2) (a) and (b) and (3) and sections 97 to 100.1 apply for the purposes of this Part.

(2) A francophone education authority and a board may, with the prior approval of the minister, enter into an agreement for the transfer of assets that are used by one of the parties but that are vested in the other party.

(3) A francophone education authority and the board of a school district located in the francophone school district may, with the prior approval of the minister, enter into an agreement for the purposes of

(a) the construction, maintenance, operation and use of facilities to be used jointly by the authority and the board, or

(b) contributing to the cost of the construction, maintenance or operation of the facilities referred to in paragraph (a).

Housing accommodation

166.3  Sections 102 to 105 apply for the purposes of this Part.

Division 7 — Finance

Establishment of budgets for francophone education authorities

166.31  Sections 110, 111 (1) to (3) and 113 apply for the purposes of this Part.

Grants

166.32  Sections 114 to 117, except section 116, apply for the purposes of this Part.

Taxation of francophone school property

166.33  (1) Section 129, other than subsection (2) (e.1), applies for the purposes of this Part.

(2) In addition to the exemptions granted under section 129 (2), as that section applies under subsection (1) of this section, property that is leased by a francophone education authority to a board and used in whole or in part for a school, including any purpose ancillary to the operation of the school, is exempt from taxation under section 129.

Short term borrowing and first charges

166.34  Sections 139 and 140 apply for the purposes of this Part.

Capital plans and money bylaws

166.35  Sections 141 to 146, other than section 142 (2), apply for the purposes of this Part.

Debentures

166.36  (1) Sections 147 to 153, other than section 151, apply for the purposes of this Part.

(2) When debentures have been issued by a francophone education authority under a bylaw that has not been quashed by a court and the interest on them that has fallen due has been paid for the period of one year by the authority, the bylaw and the debentures issued under it, or so much of them as may be unpaid, are valid and binding on the authority and on all parties concerned.

Accounts and audits

166.37  Sections 156 to 165 apply for the purposes of this Part.

Member may object

166.38  (1) A member of a francophone education authority may deliver to the auditor a written objection respecting any item of account or other matter relating to an audit so long as the objection is delivered within 3 months after the publication of the auditor's final report.

(2) On receipt of an objection under subsection (1), the auditor must notify the member and the francophone education authority of a time and place for dealing with the objection.

Right of action preserved

166.39  This Act must not be construed to prevent a member of a francophone education authority, or a group of members of that authority, from exercising any right to take action for recovery on behalf of the authority.

Division 8 — General

Additional powers and duties of a francophone education authority

166.4  (1) Sections 73, 74, 74.01, 76 to 85, other than sections 79.1, 81.1 and 85 (1), and section 87 apply for the purposes of this Part.

(2) Section 86, other than subsection (1.1), applies for the purposes of this Part.

(2.1) Division 2.1 of Part 6 applies for the purposes of this Part.

(3) A francophone education authority may, subject to this Act, the regulations and the orders of the minister, enter into an agreement with a board to provide all or part of a francophone educational program and health and support services, including busing and educational resources, to one or more students enrolled with the board.

(4) A francophone education authority may provide all or part of an educational program by means of distributed learning only with the prior agreement of the minister.

Health and other support services

166.41  Sections 87.1, 88 (1) and 90 to 92, other than 92 (5) and (6), apply for the purposes of this Part.

Limitation of actions against francophone education authority

166.42  (1) A reference to a regional trustee, officer or employee in section 166.43, or in section 94, as that section applies under subsection (2) of this section, includes a former regional trustee, officer or employee.

(2) Section 94 applies for the purposes of this Part.

Indemnification against proceedings

166.43  (1) The board of regional trustees of a francophone education authority may, by bylaw, provide that the francophone education authority

(a) will indemnify a regional trustee, officer or employee of the francophone education authority

(i)   against a claim for damages against that regional trustee, officer or employee arising out of the performance of his or her duties, or

(ii)   if an inquiry under the Public Inquiry Act or other proceeding involves the administration and conduct of the business of the francophone education authority, and

(b) may pay legal costs incurred in proceedings arising out of the claim or inquiry or other proceeding.

(2) The board of regional trustees of a francophone education authority may, by an affirmative vote of not less than 2/3 of all of the regional trustees of the authority, cause the francophone education authority to pay

(a) any sum required to indemnify a regional trustee, officer or employee of the francophone education authority if a prosecution arises out of the performance of his or her duties, and

(b) costs necessarily incurred.

(3) Despite subsection (2), a francophone education authority must not pay a fine imposed on a regional trustee, officer or employee as a result of his or her conviction.

(4) A francophone education authority must not seek indemnity against a regional trustee, officer or employee of the francophone education authority in respect of any action of the regional trustee, officer or employee that results in a claim for damages against the francophone education authority, but the francophone education authority may seek indemnity

(a) against a regional trustee, officer or employee if the claim for damages arises out of the gross negligence of the regional trustee, officer or employee, or

(b) against an officer or employee if, in relation to the action that gave rise to the claim for damages, the officer or employee willfully acted contrary to

(i)   the terms of his or her employment, or

(ii)   an order of a superior.

Appointment of special advisor to a francophone school district

166.431  (1) The minister, by order, may appoint a special advisor to a francophone school district, for a term determined by the minister,

(a) to review the progress of the francophone education authority in respect of its achievement contract or to inspect and evaluate any other matters as directed by the minister, or

(b) to assist the francophone education authority in the conduct of the affairs of the francophone school district in respect of any educational, financial or community matters.

(2) The special advisor must submit a report to the minister in respect of anything resulting from carrying out his or her duties under subsection (1).

(3) With the approval of the minister, the special advisor appointed under subsection (1) may

(a) appoint a deputy special advisor and other employees necessary for performing the duties of the special advisor,

(b) engage and retain specialists and consultants to carry out the duties of the special advisor, as required, and

(c) determine the remuneration of persons appointed or retained under paragraphs (a) and (b).

(4) The minister, by order, may require the francophone education authority to pay

(a) the remuneration of the special advisor appointed under subsection (1) to the francophone school district and any person appointed or retained under subsection (3) (a) and (b), at the rate determined by the minister, and

(b) the expenses of the special advisor.

(5) The minister may provide a direction to the special advisor or to the francophone education authority respecting the duties of the special advisor.

Powers of special advisor to a francophone school district

166.432  A special advisor appointed under section 166.431 may

(a) attend any meeting of the francophone education authority,

(b) enter a school building or any other building used in conjunction with the school or offices of the francophone education authority, or any part of them, for the purposes of performing his or her duties, and

(c) inspect any record of the francophone education authority.

Responsibilities of the francophone education authority

166.433  A francophone education authority and its employees must assist a special advisor in the carrying out of the duties of the special advisor.

Appointment of official trustee

166.44  (1) The Lieutenant Governor in Council may appoint an official trustee to conduct the affairs of a francophone education authority if the Lieutenant Governor in Council is of the opinion that

(a) there has been a default in a payment on the due date of either interest or principal of a debenture guaranteed under this Part or a failure to comply to the satisfaction of the minister with a condition governing the guarantee,

(b) the authority is in serious financial jeopardy,

(c) there is substantial non-compliance with this Act or the regulations or any rules or orders made under this Act,

(c.1) [Repealed 2012-3-20.]

(d) there is substantial non-performance of the duties of the authority, or

(e) there is a risk to student achievement in the district and it is in the public interest to do so.

(2) On the appointment of an official trustee to conduct the affairs of a francophone education authority, the regional trustees of the authority cease to hold office.

(3) The Lieutenant Governor in Council may remove an official trustee and

(a) order that elections of regional trustees be held for the authority in accordance with the regulations made under section 166.18, or

(b) appoint regional trustees to hold office for the term set by the Lieutenant Governor in Council.

Powers of official trustee

166.45  (1) An official trustee appointed under section 166.44

(a) has the powers and duties conferred by this Act on a francophone education authority, and

(b) must be remunerated out of the funds of the francophone education authority in respect of which the official trustee is appointed or otherwise as the Lieutenant Governor in Council determines.

(2) In the exercise of a power or performance of a duty conferred under this Act on a francophone education authority, an official trustee, with the approval of the minister, may deviate in matters of procedure and in the form of any notice or statement under this Act as the official trustee considers necessary for the more effective exercise of that power or duty.

(3) The Lieutenant Governor in Council may make regulations to adapt this Act to the conduct of the affairs of francophone education authorities to which official trustees are appointed.

School calendars

166.451  Section 168.02 applies for the purposes of this Part.

Reimbursement of expenses for designated educational activities

166.452  Section 168.1 applies for the purposes of this Part.

Annual practice fee

166.453  Section 168.2 applies for the purposes of this Part.

Maintenance of order

166.46  (1) Section 177 (1), (2) and (4) applies for the purposes of this Part.

(2) A person who contravenes section 177 (1) or (2), as that section applies under subsection (1), commits an offence.

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