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EDUCATION AMENDMENT ACT, 2019 (SA 2019 c7)

Bill 8

EDUCATION AMENDMENT ACT, 2019

Chapter 7

(Assented to July 18, 2019)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends SA 2012 E‑0.3

1   The Education Act is amended by this Act.


 

2   The preamble is amended by adding the following after the 9th recital:

WHEREAS the Government of Alberta recognizes the importance of teaching essential knowledge to help students develop foundational competencies;

 

3   Section 1(1)(w) is repealed and the following is substituted:

                            (w)    “resident student” means an individual who is entitled to have access to an education program under section 3 and who is a resident student as determined under section 4;

 

4   Section 3 is amended

                             (a)    by renumbering it as section 3(1);

                             (b)    in subsection (1)(a) by striking out “21 years” and substituting “19 years”;

                             (c)    by adding the following after subsection (1):

(2)  A board may permit an individual

                                   (a)    who at September 1 in a year is younger than 6 years of age or older than 18 years of age, and

                                   (b)    who complies with subsection (1)(b) and (c),

to have access in that year to an education program in accordance with this Act.

 

5   Section 4 is repealed and the following is substituted:

Resident student

4(1)  Subject to this section, a student is a resident student of the board of the school division in which the student’s parent resides.

(2)  For the purposes of this section and section 59,

                                   (a)    a student who is in the care of a foster parent under the Child, Youth and Family Enhancement Act is deemed to be a resident student of the board of the school division in which the foster parent resides, unless subsection (5) applies, and

                                   (b)    a student who has a disability and is the subject of an agreement under the Family Support for Children with Disabilities Act is deemed to be a resident student of the board of the school division in which the student resides.

(3)  Subject to this section, every student is a resident student of a board of a public school division.

(4)  Where a separate school district is established, an individual residing within the boundaries of the separate school district who is of the same faith as those who established that district, whether Protestant or Roman Catholic,

                                   (a)    is a resident of the separate school division responsible for operating the separate school district, and

                                   (b)    is not a resident of the public school division.

(5)  A child intervention worker under the Child, Youth and Family Enhancement Act may deem a student to be a resident student of the board that represents the faith of the student if

                                   (a)    the student is in the care of a foster parent under the Child, Youth and Family Enhancement Act,

                                   (b)    the faith of the student, whether Protestant or Roman Catholic, differs from the faith of the foster parent, and

                                    (c)    the foster parent resides in an area where a separate school district has been established.

(6)  If a student

                                   (a)    is under 16 years of age and is not the subject of an order or agreement under the Child, Youth and Family Enhancement Act, and

                                   (b)    is a child in respect of whom financial assistance is being provided under section 105.8 of the Child, Youth and Family Enhancement Act,

the student is a resident student of the board of the school division in which the student resides.

(7)  The following students are resident students of the Government:

                                   (a)    a student who resides in unorganized territory and who is not an Indian as defined in the Indian Act (Canada) residing on a reserve pursuant to the Indian Act (Canada);

                                   (b)    a student in custody under the Corrections Act, the Corrections and Conditional Release Act (Canada), the Youth Justice Act or the Youth Criminal Justice Act (Canada) who resides in an institution or a group home prescribed by the Minister as an institution or a group home to which this clause applies;

                                    (c)    a student

                                           (i)    who is in the custody or under the guardianship of the Crown under the Child, Youth and Family Enhancement Act, and

                                          (ii)    who resides in an institution or a group home prescribed by the Minister as an institution or a group home to which this clause applies that is operated or approved by the Government;

                                   (d)    a student who is under long‑term medical care who resides or is placed in a program in an institution that is under the control, direction or administration of the Government.

(8)  If each parent is a resident of a different school division,

                                   (a)    the parents must choose in writing one of those school divisions,

                                   (b)    the student is a resident student of the board of the chosen school division,

                                    (c)    the student must attend the school the student is directed to attend by the board of the chosen school division in accordance with section 10, and

                                   (d)    the board of either school division may require that the choice of the parents remains in effect during the school year in respect of which it is made.

(9)  If a parent is limited by law in exercising an authority under subsection (8)(a) and that parent is a resident of a school division different than that of the other parent, the other parent may choose which of the 2 divisions in which the student is to attend school, and subsection (8)(b) to (d) apply.

(10)  If the parents referred to in subsection (8) do not choose a school division under subsection (8), the Minister shall designate the board of a school division of which one parent is a resident as the board of which the student is a resident student.

(11)  If the residence of the parent of a student changes after the commencement of a school year, the parent must designate the student to be a resident student of one of the following for the balance of that school year:

                                   (a)    the board of the school division in which the student resides after the change,

                                   (b)    the board of the school division in which the student resided immediately before the change, or

                                    (c)    the Government if the student

                                           (i)    resides in unorganized territory after the change, or

                                          (ii)    resided in unorganized territory immediately before the change.

(12)  If a parent of a student dies and, as a result of the death, the student no longer has a living parent who is a resident of the school division of whose board the student is a resident student, the student may remain a resident student of that board notwithstanding subsections (1) to (11).

(13)  If there is a dispute as to the number of resident students of a board, the Minister may determine the number or the method to be used to calculate the number.

(14)  If there is a dispute as to the residency of a student, the Minister may determine that the student is a resident student of a particular board.

 

6   Section 7 is amended

                             (a)    in subsection (1)(c) by striking out “17 years” and substituting “16 years”;

                             (b)    in subsection (2) by striking out “17 years” and substituting “16 years”.

 

7   Section 27(1)(e) is amended by adding “, 59, 59.1” after “sections 51”.

 

8   Section 30 is amended by adding the following after subsection (1):

(1.1)  Section 33(1)(d), (2) and (3) apply to an accredited private school and a board referred to in section 33(1)(d), (2) and (3) is deemed to include a person responsible for the operation of an accredited private school.

 

9   Section 32(e) is amended by striking out “specialized”.

 

10   Section 33(1)(e) is amended by striking out “specialized”.

 

11   The following is added after section 33:

Exemption from section 33

33.1   The Lieutenant Governor in Council may, by order, exempt an accredited private school or a class of accredited private schools from the operation of all or part of section 33.

 

12   Section 37(10)(b) is amended by striking out “specialized”.

 

13   Section 49(1)(d) is amended by striking out “a director” and substituting “a child intervention worker”.

14   Section 56(7) is amended by striking out “childhold” and substituting “childhood”.

 

15   Section 59 is amended

                             (a)    by repealing subsection (1) and substituting the following:

Transportation

59(1)  Subject to the regulations, a board must provide for the transportation of a student to and from the site of the school in which the board has enrolled the student if

                                   (a)    the student resides within the attendance area established by the board for the school,

                                   (b)    the student resides within the boundaries of the school division, and

                                    (c)    the criteria, if any, set out in the regulations are met.

                             (b)    by repealing subsection (4);

                             (c)    by repealing subsection (5) and substituting the following:

(5)  The Minister may make regulations

                                   (a)    setting out criteria respecting the transportation of students that must be met by boards including criteria related to the age or grade of the student, the distance from the student’s residence to the site of the school and any other geographical considerations;

                                   (b)    respecting the transportation of students generally.

 

16   The following is added after section 59:

Transport by parent

59.1(1)  A board may, instead of providing transportation under section 59, enter into an agreement with the parent of the student under which the parent will

                                   (a)    convey the student to and from school or the bus route, and

                                   (b)    receive payment, as determined by the board, for providing that service.

(2)  A board is not under any liability to the parent of a student or to a student for negligence arising out of the student’s being conveyed to and from school or the bus route pursuant to an agreement made under this section.

 

17   Section 76 is amended

                             (a)    in subsection (2) by striking out “March 1 in the year in which that general election is held” and substituting “December 31 in the year prior to that general election being held”;

                             (b)    in subsection (2.2) by striking out “March 1 in an election year” and substituting “December 31 in the year prior to an election year”.

 

18   Division 2 of Part 5 is repealed and the following is substituted:

Division 2
Establishment and Disestablishment of
Separate School Districts

Definitions

98   In this Division,

                             (a)    “community information meeting” means a meeting referred to in section 103;

                             (b)    “initiating separate school electors” means the separate school electors referred to in section 100 who initiate the process to establish a separate school district;

                             (c)    “operating separate school board” means

                                     (i)    the school board that, pursuant to section 123(1)(b), provides services to the separate school region in which the newly established separate school district is to be located, or

                                    (ii)    if no separate school region has been established in the area in which the newly established separate school district is to be located, an individual or a separate school board designated by the Minister;

                             (d)    “petitioners” means the initiating separate school electors who provide a petition for the establishment of a separate school district in accordance with section 102(3);

                             (e)    “public school board” means the public school division operating in the area in which a newly established separate school district is to be located;

                              (f)    “separate school elector” means an individual who,

                                     (i)    where a separate school district is not established,

                                         (A)    is an elector of the public school district, and

                                         (B)    declares that the individual is of the same faith, whether Protestant or Roman Catholic, as those in the minority in the public school district,

                                       and

                                    (ii)    where a separate school district is established, declares that the individual is of the same faith as those who established the separate school district, whether Protestant or Roman Catholic, and is an elector of that separate school district;

                             (g)    “separate school establishment area” means the separate school establishment area determined in accordance with section 101;

                             (h)    “separate school region” means a separate school region established pursuant to section 123(2).

Right to establish separate school district

99   The separate school electors in any public school district where a separate school district is not established may establish a separate school district within that public school district in accordance with this Division.

Intention to establish

100(1)  Where no fewer than 3 of the separate school electors referred to in section 99 wish to establish a separate school district, they must initiate the process by

                             (a)    notifying the Minister in writing of their intention to proceed with the establishment of a separate school district, and

                             (b)    providing a copy of the notification referred to in clause (a) to the operating separate school board, the public school board and the municipality or municipalities in which the public school district is located.

(2)  The Minister may make regulations

                                   (a)    prescribing the time by which notice must be provided to the Minister under subsection (1)(a) for the establishment of a proposed separate school district, and

                                   (b)    prescribing the time by which a copy of the notice under subsection (1)(b) must be provided to the operating separate school board, the public school board and the municipality or municipalities in which the public school district is located.

Separate school establishment area

101(1)  The initiating separate school electors, the operating separate school board and the public school board must meet to collectively determine the boundaries of the separate school establishment area in accordance with the regulations and, if agreement is reached, notify the Minister in writing in a form acceptable to the Minister respecting the proposed separate school establishment area.

(2)  If the proposed separate school establishment area meets the requirements of the regulations, the Minister shall approve the proposed separate school establishment area as the area that will form the separate school district if it is established in accordance with this Division.

(3)  If the initiating separate school electors, the operating separate school board and the public school board are not able to agree within the time limits set out in the regulations on the boundaries of the area that will form the separate school district, or if the proposed separate school establishment area does not meet the requirements of the regulations, the Minister shall declare a separate school establishment area, and may, subject to the regulations, declare the separate school establishment area to be

                             (a)    the public school district in which the initiating separate school electors reside, and

                             (b)    all the public school districts that are

                                     (i)    contiguous to the public school district in which the initiating separate school electors reside,

                                    (ii)    located in the separate school region, and

                                   (iii)    located within the boundaries of the public school board.

(4)  The Minister may make regulations

                             (a)    respecting the process and criteria for determining a separate school establishment area;

                             (b)    respecting the requirements for a separate school establishment area;

                             (c)    respecting the time within which agreement must be reached on the boundaries of a proposed separate school establishment area;

                             (d)    respecting the provision of a proposed separate school establishment area to the Minister.

Petition for establishment

102(1)  Where the Minister has approved or made a declaration respecting a separate school establishment area under section 101, and the initiating separate school electors wish to proceed with the establishment of a separate school district, the initiating separate school electors must, in accordance with subsection (2), prepare a petition for the establishment of a separate school district based on that separate school establishment area.

(2)  The petition for the establishment of a separate school district must

                             (a)    be signed by no fewer than 3 of the initiating separate school electors,

                             (b)    provide evidence satisfactory to the Minister that the separate school electors are of the same faith, whether Protestant or Roman Catholic, as those in the minority in the separate school establishment area, and

                             (c)    be in the form prescribed by the Minister.

(3)  The initiating separate school electors must provide

                             (a)    the petition for establishment to the Minister, and

                             (b)    copies of the petition to the operating separate school board and the public school board.

Community information meeting

103(1)  Where a petition has been provided to the Minister in accordance with section 102(3), the petitioners, the operating separate school board and the public school board must arrange for a community information meeting to be held for the purpose of providing information with respect to the process and operational implications of the establishment of a separate school district.

(2)  Notice of the date, time and location of the community information meeting must be published in accordance with the regulations.

(3)  The community information meeting must be conducted in accordance with the regulations.

(4)  No vote respecting the establishment of a separate school district may be conducted at the community information meeting.

(5)  The meeting must be chaired by an individual designated by the Minister.

(6)  The Minister may make regulations respecting a community information meeting, including, without limitation, regulations respecting

                             (a)    the time period within which the meeting must be held;

                             (b)    the content of notices of the meeting, the manner of publishing and posting the notices and the responsibility for the notices;

                             (c)    the conduct of the meeting, including, without limitation, regulations respecting the appointment and duties of a secretary and time for questions and discussion;

                             (d)    who may attend and participate in the meeting;

                             (e)    the information to be provided to the Minister respecting the meeting and the time within which the information must be provided.

Vote respecting establishment

104(1)  After a community information meeting has been held, the petitioners may proceed with the establishment of a separate school district by requesting that the operating separate school board call a vote of the separate school electors who reside in the separate school establishment area for the purpose of determining whether the separate school district should be established.

(2)  Only the separate school electors who reside in the separate school establishment area are eligible to vote on the establishment of the separate school district.

(3)  Notice respecting a vote on the establishment of the separate school district must be

                             (a)    in the form prescribed by the Minister,

                             (b)    made public in accordance with the regulations, and

                             (c)    at least 10 days prior to the date set out in the notice of the vote, served in accordance with the regulations on the public school board.

(4)  The vote on the establishment of the separate school district must be

                             (a)    held on a date separate from and subsequent to the date of the community information meeting, and

                             (b)    conducted in accordance with the regulations.

(5)  The Minister may make regulations respecting the vote on the establishment of a separate school district, including, without limitation, regulations respecting

                             (a)    the publication and service of notice in advance of the vote;

                             (b)    the means of identification of those separate school electors eligible to vote;

                             (c)    the method of voting;

                             (d)    the wording of the question on the ballot;

                             (e)    the hours of the poll;

                              (f)    the appointment, number and duties of returning officers and the assignment of duties to returning officers;

                             (g)    the payment of returning officers;

                             (h)    the assignment of duties to persons other than the returning officers.

Minimum requirements for binding vote

105(1)  In order for the vote on the establishment of a separate school district to be binding, a minimum of 25% of the separate school electors eligible to vote must cast a ballot on the question.

(2)  The vote on the establishment of a separate school district must be decided by a majority of the ballots validly cast, and, in the case of an equality of votes, the question is deemed to be decided in the negative.

Notification to Minister, electors, etc.

106(1)  The returning officer must, within 10 days from the date of the vote, send the following to the Minister:

                             (a)    a copy of the notice calling the vote;

                             (b)    proof, in the form required by the Minister, that the notice respecting the vote was made public in accordance with the regulations;

                             (c)    proof, in the form required by the Minister, of the service of the notice under section 104(3)(c);

                             (d)    proof satisfactory to the Minister that those who participated in the vote are eligible separate school electors;

                             (e)    the declaration of the returning officer with respect to the result of the vote, which must include a statement that the minimum requirements for a binding vote as set out in section 105 were met.

(2)  The returning officer must, as set out in the regulations, provide notice of the results of the vote on the establishment of a separate school district to the operating separate school board, the public school board and the municipality or municipalities in which the public school district is located.

(3)  The Minister may make regulations respecting the provision of notice of the results of the vote.

Establishment of district

107(1)  Where the majority of the separate school electors who cast valid ballots voted in favour of the establishment of a separate school district, the Minister shall by order establish the separate school district with the same boundaries as those of the separate school establishment area.

(2)  The Minister shall make an order in subsection (1) effective on September 1 of the year determined in accordance with the regulations.

(3)  The Minister may make regulations respecting the determination of the year in which the order in subsection (1) is to become effective.

Effect of establishment

108(1)  The order establishing the separate school district must give it a name in the following form:

The _______________ Separate School District.

(2)  If there is a separate school region in which the newly established separate school district is located, the Minister shall, in accordance with section 114, add the newly established separate school district to the separate school division to which the operating separate school board provides services.

(3)  Subject to subsection (4), if there is no separate school region in which the newly established separate school district is located, the Minister shall add the newly established separate school district to another separate school division, as determined by the Minister, in accordance with section 114.

(4)  If there is no separate school region in which the newly established separate school district is located, the Minister

                             (a)    on the request of the petitioners and the public school division may establish a new school division in accordance with section 112(2), or

                             (b)    shall add the newly established separate school district as set out in subsection (3).

(5)  Subject to Part 6, Division 2, after a separate school district is established, a person residing within the boundaries of the separate school district who declares that the person is of the same faith as those who established that district, whether Protestant or Roman Catholic, is a resident of the separate school district.

Vote against establishment

109   If the majority of the separate school electors who voted in accordance with section 104 voted against the establishment of a separate school district, no further vote on the establishment of a separate school district may be held until at least

                             (a)    one year from the date of the vote on establishment if less than 60% of the valid ballots were cast against the establishment of a separate school district, or

                             (b)    2 years from the date of the vote on establishment if 60% or more of the valid ballots were cast against the establishment of a separate school district.

Disestablishment of separate school district

110(1)  A board of a school division established under section 112(2) or a board of a separate school division

                             (a)    may pass a resolution requesting the Minister to disestablish a separate school district within the boundaries of the school division established under

                                     (i)    section 112(2), or

                                    (ii)    a separate school division, or

                             (b)    may of its own volition or must, if at least 25% of the separate school electors of the separate school district petition the board to disestablish the district, conduct a plebiscite to determine whether the separate school district should be disestablished.

(2)  A board must conduct a plebiscite not more than 60 days after

                             (a)    the date on which it passes a resolution under subsection (1)(a), or

                             (b)    the petition is made under subsection (1)(b).

(3)  A board must

                             (a)    provide notice of a plebiscite as set out in the regulations, and

                             (b)    conduct a plebiscite as set out in the regulations.

(4)  After a plebiscite, a board must, as required in the regulations, provide a report to the Minister respecting

                             (a)    the notice given before the plebiscite,

                             (b)    the process by which the plebiscite was conducted, and

                             (c)    the outcome of the plebiscite.

(5)  The Minister

                             (a)    shall, on receiving the report of a board made pursuant to subsection (4), or

                             (b)    may, if there are no separate school electors or the Minister receives a resolution under subsection (1)(a),

by order, disestablish the separate school district, and on that disestablishment, the former separate school district residents become residents of the public school board within which they reside.

(6)  The Minister may make regulations respecting a plebiscite, including, without limitation, regulations

                             (a)    respecting who may vote;

                             (b)    respecting the wording of the question for the plebiscite;

                             (c)    respecting notice of the plebiscite;

                             (d)    respecting the process and requirements for conducting the plebiscite;

                             (e)    respecting reporting to the Minister after the plebiscite.

 

19   Section 135(1)(a)(iv) is repealed and the following is substituted:

                                  (iv)    is a resident of Alberta and resides in the Francophone education region on election day,

 

20   Section 197 is amended by adding the following after clause (a):

                                (a.1)    provide a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging,

 

21   Section 201(1) is amended

                             (a)    in clause (a)(i) by adding “, types or categories” after “classes”;

                             (b)    by adding the following after clause (a):

                                (a.1)    respecting additional qualifications of principals, including leadership certificate requirements, for eligibility for designation as a principal;

                                (a.2)    governing the issuing of leadership certificates, including, without limitation, regulations

                                           (i)    providing for the issuance of different classes, types or categories of certificates,

                                          (ii)    providing for the form and manner of application for a leadership certificate and the information to be provided with or in support of an application,

                                         (iii)    respecting education, training and experience, character and other eligibility requirements of applicants for leadership certificates,

                                         (iv)    authorizing the issuance of leadership certificates subject to terms and conditions, and

                                          (v)    providing for procedural matters related to the issuance of leadership certificates, including the appointment of advisory bodies;

                             (c)    in clause (b) by adding “of qualification as a teacher or a leadership certificate” after “certificate”;

                             (d)    by repealing clause (c) and substituting the following:

                                    (c)    providing for and governing the means of dealing with allegations that a teacher is unskilled or incompetent in teaching or that a principal or other individual who holds a leadership certificate is unskilled or incompetent in carrying out the leadership duties related to that leadership certificate, or the means of dealing with complaints about alleged unprofessional conduct of a teacher or of a principal or other individual who holds a leadership certificate, other than a teacher, principal or other individual who is subject to the disciplinary provisions set out under the Teaching Profession Act, including, without limitation, regulations

                                           (i)    governing what constitutes unprofessional conduct of a teacher or unskilled or incompetent teaching,

                                          (ii)    governing what constitutes unprofessional conduct of a principal or other individual who holds a leadership certificate or the unskilled or incompetent carrying out of the leadership duties related to a leadership certificate,

                                         (iii)    respecting the form and manner in which a complaint or allegation is to be made,

                                         (iv)    authorizing a complaint or allegation to be dealt with notwithstanding the fact that the individual who is the subject of the complaint or allegation may no longer hold a certificate under this Act, and respecting the circumstances under which that complaint or allegation may be dealt with,

                                          (v)    respecting the investigation of complaints and allegations and the powers and duties of a person conducting the investigation or receiving the report of the person conducting the investigation, as the case may be,

                                         (vi)    respecting the establishment of panels to deal with complaints and allegations and respecting the powers and duties of those panels,

                                        (vii)    respecting procedural and evidentiary matters in respect of the investigation of complaints and allegations and in respect of the business of the panels, including, without limitation, regulations

                                               (A)    providing for the taking of evidence under oath,

                                               (B)    providing for the compellability of witnesses,

                                               (C)    requiring persons to produce records and documents relevant to the subject‑matter of a complaint or allegation, and

                                               (D)    authorizing proceedings for civil contempt of court to be brought against a person who fails to comply with a notice to attend a proceeding before a panel as a witness or a notice to produce records or documents, or who refuses to be sworn or to answer questions at a proceeding before a panel,

                                       (viii)    authorizing a person conducting an investigation of a complaint or allegation to investigate any other matter related to the conduct of the individual who is the subject of the complaint or allegation that arises in the course of the investigation,

                                         (ix)    authorizing the Minister, on receipt of a panel’s recommendation, to do one or more of the following, whether or not that is the panel’s recommendation:

                                               (A)    dismiss the complaint or allegation;

                                               (B)    serve a letter of reprimand on the individual who is the subject of the complaint or allegation;

                                               (C)    suspend one or more certificates of the individual who is the subject of the complaint or allegation, with or without conditions;

                                               (D)    cancel one or more certificates of the individual who is the subject of the complaint or allegation, or cancel one or more certificates and issue a certificate of a different class, type or category;

                                                (E)    order that the individual who is the subject of the complaint or allegation be ineligible for one or more certificates for a definite or indefinite time, with or without conditions;

                             (e)    by repealing clause (e) and substituting the following:

                                    (e)    authorizing the Minister to accept, reject or vary the recommendations of a committee established under the Teaching Profession Act to cancel or suspend one or more certificates, and authorizing the Minister to take any action necessary to implement the Minister’s decision;

 

22   Section 202 is amended by adding the following after subsection (1):

(1.1)  Unless otherwise authorized by this Act, a board must designate as a principal only a teacher who holds a leadership certificate prescribed by the regulations and issued pursuant to this Act.

 

23   Section 203 is amended by adding the following after subsection (1):

(1.1)  A teacher who is designated as an acting principal must hold a leadership certificate prescribed by the regulations and issued under this Act.

 

24   The following is added after section 214:

Termination of designation as principal

214.1   The designation of a teacher as a principal automatically terminates at the time that

                                   (a)    the prescribed leadership certificate held by the principal is suspended or cancelled by the Minister, or

                                   (b)    the prescribed leadership certificate held by the principal expires.

 

25   Section 218 is repealed and the following is substituted:

Duty to report

218(1)  In this section,

                                   (a)    “executive secretary” means the executive secretary as defined in the Teaching Profession Act;

                                   (b)    “Registrar” means the Registrar appointed under the regulations.

(2)  A superintendent or the person responsible for the operation of a private school must make a report in writing to the Registrar regarding the suspension, termination, resignation or retirement from employment of a teacher, principal or other individual if the suspension, termination, resignation or retirement, as the case may be, results from conduct that brings into question the suitability of the teacher, principal or other individual to hold one or more certificates prescribed by the regulations and issued pursuant to this Act.

(3)  A board must make a report in writing to the Registrar regarding the suspension, termination, resignation or retirement from employment of a superintendent if the suspension, termination, resignation or retirement, as the case may be, results from conduct that brings into question the suitability of the superintendent to hold one or more certificates issued under this Act.

(4)  If a report made under subsection (2) is in respect of a teacher, principal or other individual who is employed by the board and who is subject to the disciplinary provisions set out under the Teaching Profession Act, the board must make a complaint about the teacher’s, principal’s or other individual’s conduct pursuant to section 24 of the Teaching Profession Act.

(5)  If a report made under subsection (2) is in respect of a teacher, principal or other individual who is employed by

                                   (a)    a board and who is not subject to the disciplinary provisions set out under the Teaching Profession Act,

                                   (b)    the person responsible for the operation of a private school, or

                                    (c)    the operator of a charter school,

the superintendent, the person responsible for the operation of the private school or the operator of the charter school must make a complaint about the teacher’s, principal’s or other individual’s conduct pursuant to the applicable regulation made under sections 201 and 224.

(6)  A board that makes a report under subsection (3) must make a complaint about the conduct of the superintendent pursuant to the applicable regulation under section 224.

(7)  No action lies against any of the following in respect of any report made under subsection (2) or (3) in good faith when acting or purporting to act under this Act or the regulations:

                                   (a)    a superintendent;

                                   (b)    a board;

                                    (c)    the person responsible for the operation of a private school or the operator of a charter school;

                                   (d)    a person appointed as an official trustee;

                                    (e)    the executive secretary;

                                    (f)    a person who acts on the instruction of, or under the supervision of, a person referred to in clauses (a) to (e).

(8)  No action for defamation may be founded on a report made under subsection (2) or (3) in good faith.

(9)  If a complaint under subsection (4), (5) or (6) is dismissed, the Registrar must remove

                                   (a)    from the teacher’s, principal’s or other individual’s file the corresponding report made under subsection (2), and

                                   (b)    from the superintendent’s file the corresponding report made under subsection (3).

 

26   Section 222 is amended

                             (a)    in subsection (1) by adding “with the prior approval in writing of the Minister” after “5 years”;

                             (b)    by adding the following after subsection (1):

(1.1)  Unless otherwise authorized under this Act, a board must appoint as a superintendent of schools only a teacher who holds a superintendent leadership certificate prescribed by the regulations and issued under this Act.

(1.2)  A teacher who is appointed as an acting superintendent must hold a superintendent leadership certificate prescribed by the regulations and issued under this Act.

                             (c)    by repealing subsection (2) and substituting the following:

(2)  Where a board applies for the Minister’s approval under subsection (1), it must give to the Minister, in the form and containing the information required by the Minister, notice of its intention to appoint the superintendent.

 

27   Section 223 is repealed and the following is substituted:

Term of appointment

223(1)  A board may enter into a contract of employment or a contract renewing a contract of employment with an individual who is appointed as a superintendent only if the contract includes a maximum term of not more than 5 years with no option to renew or extend the contract at the end of the term unless the individual is reappointed under this section.

(2)  A contract of employment referred to in subsection (1) automatically terminates at the time that

                                   (a)    the prescribed superintendent leadership certificate held by the superintendent is suspended or cancelled by the Minister, or

                                   (b)    the prescribed superintendent leadership certificate held by the superintendent expires.

(3)  If a board intends to reappoint a superintendent named in a contract referred to in subsection (1), the board must, not less than 6 months before the contract ends, give to the Minister, in the form and containing the information required by the Minister, notice of its intention to reappoint the superintendent.

(4)  A reappointment of a superintendent must be for a period of not more than 5 years.

(5)  The Minister may approve or refuse to approve a reappointment under subsection (3), in any form the Minister considers appropriate, not more than one month after the Minister is notified under subsection (3).

(6)  If the Minister refuses to approve a reappointment under subsection (3), the Minister shall give the board reasons in writing for the refusal.

(7)  If the Minister refuses to approve a reappointment under subsection (3), the board must appoint another individual as superintendent of schools in accordance with section 222.

(8)  This section applies to a contract renewing a contract of employment whether or not the original contract was entered into before this section comes into force.

 

28   Section 224 is repealed and the following is substituted:

Regulations

224(1)  The Minister may make regulations respecting superintendents of schools, including regulations

                                   (a)    respecting the qualifications, appointment and conditions of employment and the termination of employment of superintendents of schools;

                                   (b)    governing the issuing of superintendent leadership certificates, including, without limitation, regulations

                                           (i)    providing for the issuance of different classes, types or categories of superintendent leadership certificates,

                                          (ii)    providing for the form and manner of application for a superintendent leadership certificate and the information to be provided with or in support of an application,

                                         (iii)    respecting education, training and experience, character and other eligibility requirements of applicants for superintendent leadership certificates,

                                         (iv)    authorizing the issuance of superintendent leadership certificates subject to terms and conditions, and

                                          (v)    providing for procedural matters related to the issuance of superintendent leadership certificates, including the appointment of advisory bodies;

                                    (c)    governing appeals from a decision to refuse to issue a superintendent leadership certificate, including, without limitation, regulations

                                           (i)    respecting the grounds on which an appeal may be made,

                                          (ii)    providing for the establishment of appeal panels and setting out their powers and duties,

                                         (iii)    providing for procedural and evidentiary matters related to the appeal process,

                                         (iv)    authorizing the Minister to accept, reject or vary the recommendations of an appeal panel and authorizing the Minister to take any action necessary to implement the Minister’s decision, and

                                          (v)    respecting the responsibility of the parties to an appeal for costs in respect of the appeal;

                                   (d)    providing for and governing the means of dealing with allegations that a superintendent or other individual who holds a superintendent leadership certificate is unskilled or incompetent in carrying out the leadership duties related to that superintendent leadership certificate, or the means of dealing with complaints about alleged unprofessional conduct of a superintendent or other individual who holds a superintendent leadership certificate, including, without limitation, regulations

                                           (i)    governing what constitutes unprofessional conduct of a superintendent or other individual who holds a superintendent leadership certificate or unskilled or incompetent carrying out of the leadership duties related to a superintendent leadership certificate,

                                          (ii)    respecting the form and manner in which a complaint or allegation is to be made,

                                         (iii)    authorizing a complaint or allegation to be dealt with notwithstanding the fact that the individual who is the subject of the complaint or allegation may no longer hold a certificate under this Act, and respecting the circumstances under which that complaint or allegation may be dealt with,

                                         (iv)    respecting the investigation of complaints and allegations and the powers and duties of the person conducting the investigation or receiving the report of the person conducting the investigation, as the case may be,

                                          (v)    respecting the establishment of panels to deal with complaints and allegations and respecting the powers and duties of those panels,

                                         (vi)    respecting procedural and evidentiary matters in respect of the investigation of complaints and allegations and in respect of the business of the panels, including, without limitation, regulations

                                               (A)    providing for the taking of evidence under oath,

                                               (B)    providing for the compellability of witnesses,

                                               (C)    requiring persons to produce records and documents relevant to the subject‑matter of a complaint or allegation, and

                                               (D)    authorizing proceedings for civil contempt of court to be brought against a person who fails to comply with a notice to attend a proceeding before a panel as a witness or a notice to produce records or documents, or who refuses to be sworn or to answer questions at a proceeding before a panel,

                                        (vii)    authorizing a person conducting an investigation of a complaint or allegation to investigate any other matter related to the conduct of the individual who is the subject of the complaint or allegation that arises in the course of the investigation, and

                                       (viii)    authorizing the Minister, on receipt of a panel’s recommendation, to do one or more of the following, whether or not that is the panel’s recommendation:

                                               (A)    dismiss the complaint or allegation;

                                               (B)    serve a letter of reprimand on the individual who is the subject of the complaint or allegation;

                                               (C)    suspend one or more certificates of the individual who is the subject of the complaint or allegation, with or without conditions;

                                               (D)    cancel one or more certificates of the individual who is the subject of the complaint or allegation, or cancel one or more certificates and issue a certificate of a different class, type or category;

                                                (E)    order that the individual who is the subject of the complaint or allegation be ineligible for one or more certificates for a definite or indefinite time, with or without conditions;

                                    (e)    respecting the responsibility of the parties to a proceeding in respect of a complaint or allegation referred to in clause (d) for costs in respect of the proceeding;

                                    (f)    governing the publication of particulars regarding any recommendation or decision made in proceedings in respect of a complaint or allegation referred to in clause (d);

                                    (g)    authorizing the Minister to appoint a Registrar and other officials for the purpose of carrying out powers and duties under the regulations;

                                   (h)    requiring the Registrar to keep registers and records and respecting the information that is to be kept in the registers and records;

                                     (i)    respecting, authorizing and prohibiting the release of information in the Registrar’s registers and records;

                                    (j)    authorizing the Registrar to delegate to any employee under the Minister’s administration powers or duties of the Registrar that are specified in the regulations;

                                   (k)    requiring the payment of fees in respect of any matter provided for under the regulations, including prescribing the amount of the fee or the manner in which and by whom the amount is determined and who must pay it;

                                     (l)    providing for the service of notices and documents in respect of matters and proceedings dealt with in the regulations.

(2)  A regulation made under subsection (1) may be specific or general in its application.

 

29   Section 260(5) is amended by striking out “March 31, 2017” and substituting “December 31, 2020”.

 

30   The following is added after section 260:

Transitional regulation‑making powers

260.1(1)  In this section, “former Act” means the School Act, RSA 2000 cS‑3, as it read immediately before the coming into force of this section.

(2)  The Lieutenant Governor in Council may make regulations

                                   (a)    respecting the transition to this Act of anything under the former Act, including the interpretation of any transitional provision in this Act;

                                   (b)    to remedy any confusion, difficulty, inconsistency or impossibility resulting from the transition to this Act from the former Act.

(3)  A regulation made under subsection (2) may be made retroactive to the extent set out in the regulation.

(4)  A regulation made under subsection (2) is repealed 3 years after the regulation comes into force.

(5)  The repeal of a regulation under subsection (2) does not affect anything done under the authority of the regulation before the repeal of the regulation.

Consequential changes to regulations

260.2(1)  The Lieutenant Governor in Council may, by regulation, amend the regulations filed under the Regulations Act to reflect changes made by this Act.

(2)  An amendment made under subsection (1) may be made even though the regulation being amended was made by a member of the Executive Council or some other body or person.

 

31   The following is added before section 261:

Amends SA 2002 cA-4.5

260.3(1)  The Adult Interdependent Relationships Act is amended by this section.

(2)  Section 72 is repealed.

 

32   Section 264(3)(b) is repealed.

 

33   The following is added after section 264:

Amends RSA 2000 cA-42

264.1(1)  The Apprenticeship and Industry Training Act is amended by this section.

(2)  Section 1(m)(ii) is amended

                                   (a)    by repealing paragraph (A) and substituting the following:

                                         (A)    a board as defined in the Education Act;

                                   (b)    in paragraph (A.1) by striking outSchool Actand substitutingEducation Act”;

                                   (c)    by repealing paragraph (A.2) and substituting the following:

                                      (A.2)    a person responsible for the operation of a private school as defined in the Education Act;

Amends SA 2013 cC‑12.5

264.2(1)  The Children First Act is amended by this section.

(2)  Section 21 is repealed.

Amends SA 2018 cC‑13.3

264.3(1)  The City Charters Fiscal Framework Act is amended by this section.

(2)  The Schedule is amended in section 1(1)(b)

                                   (a)    in subclause (i) by striking out “section 174 of the School Actand substituting “section 167 of the Education Act”;

                                   (b)    in subclause (ii) by striking outSchool Actand substitutingEducation Act”.

 

34   Section 266 is repealed and the following is substituted:

Amends RSA 2000 cE‑1

266(1)  The Election Act is amended by this section.

(2)  Section 4 is amended

                                   (a)    in subsection (2)(c) by striking out “a school district or division or an operator of a private school or charter school” and substituting “a school division or a person responsible for the operation of a private school or the operator of a charter school”;

                                   (b)    in subsection (2.01) by striking outSchool Actand substitutingEducation Act”.

(3)  Section 13.1 is amended

                                   (a)    in subsection (6) by striking out “a school district or division or an operator of a private school or charter school” and substituting “a school division or a person responsible for the operation of a private school or the operator of a charter school”;

                                   (b)    in subsection (7) by striking outSchool Actand substitutingEducation Act”.

(4)  Section 46(1)(e) is repealed and the following is substituted:

                                    (e)    trustees of a board of a school division under the Education Act;

(5)  Section 52(4) is amended by striking out “school district or school division” and substituting “school division”.

 

35   The following is added after section 271:

Amends SA 2003 cI‑0.5

271.1(1)  The Income and Employment Supports Act is amended by this section.

(2)  The Schedule is amended

                                   (a)    in section 4(c)(ii) by striking outSchool Actand substitutingEducation Act”;

                                   (b)    in section 5(c)(ii) by striking outSchool Actand substitutingEducation Act”.

 

36   Section 272 is repealed and the following is substituted:

Amends RSA 2000 cI-11

272(1)  The Irrigation Districts Act is amended by this section.

(2)  Section 1(aa)(iv) is repealed and the following is substituted:

                                  (iv)    the board of trustees of a school division under the Education Act, and

 

37   Section 275 is amended by adding the following after subsection (1):

(1.1)  Section 1(e)(ii) is amended by adding “of school divisions under the Education Actafter “board of trustees”.

 

38   The following is added after section 275:

Amends SA 2007 cL-20.5

275.1(1)  The Lobbyists Act is amended by this section.

(2)  Section 3(1)(k) is amended by striking out “boards of trustees under the School Actand substituting “boards of trustees of school divisions under the Education Act”.

 

39   Section 276 is amended

                             (a)    by repealing subsection (5)(c);

                             (b)    by repealing subsections (10) and (11).

 

40   Section 279 is amended

                             (a)    by repealing subsection (2) and substituting the following:

(2)  Section 1(1)(m)(iv) is repealed and the following is substituted:

                                  (iv)    the board of trustees of a school division under the Education Act;

                             (b)    by adding the following after subsection (6):

(6.1)  Section 303.1(g) is amended by striking out “section 156 of the School Actand substituting “section 147 or 148 of the Education Act”;

                             (c)    by adding the following after subsection (12):

(13)  Section 648(1.1) is amended by striking outSchool Actand substitutingEducation Act”.

 

41   Section 280 is repealed and the following is substituted:

Amends SA 2017 cN‑5.1

280(1)  The Northland School Division Act is amended by this section.

(2)  Section 1 is amended

                                   (a)    in subsection (1)

                                           (i)    in clause (b) by striking out “No. 61”;

                                          (ii)    in clause (c) by striking out “section 22 of the School Actand substituting “section 55 of the Education Act”;

                                   (b)    in subsection (2) by striking outSchool Actand substitutingEducation Act”.

(3)  Section 2 is amended

                                   (a)    in subsection (1)

                                           (i)    by striking outSchool Actand substitutingEducation Act”;

                                          (ii)    by repealing clause (b)(ii);

                                   (b)    in subsection (2)(b) by striking out “any school district or any other school division” and substituting “any school district within the Division or any other school division”.

(4)  Section 4 is amended

                                   (a)    in subsection (1) by striking out “No. 61”;

                                   (b)    in subsection (2) by striking out “section 62(3) of the School Actand substituting “section 84 of the Education Act”.

(5)  Section 5(1) is amended by striking outSchool Actand substitutingEducation Act”.

(6)  Section 8 is amended

                                   (a)    by repealing subsection (1)(c) and substituting the following:

                                          (c)    is resident on an Indian reserve in respect of which an agreement entered into by the board under section 63 of the Education Act is in effect, and

                                   (b)    by repealing subsection (2)(d) and substituting the following:

                                          (d)    on election day is resident on an Indian reserve in respect of which an agreement entered into by the board under section 63 of the Education Act is in effect.

(7)  Section 9 is amended by striking outSchool Actwherever it occurs and substitutingEducation Act”.

 

42   Section 282(3)(a) is amended by striking out “subsection (1)” and substituting “subsection (1)(a)”.

 

43   Section 283.1(2) is amended in the new clause (c)(iv) by striking outEducation Grants Regulation (AR 120/2008)” and substitutingGovernment Organization Act”.

 

44   Section 287 is amended

                             (a)    by adding the following after subsection (3):

(3.1)  The heading before section 8 is amended by striking out “Government” and substituting “Governance”;

                             (b)    by repealing subsection (4) and substituting the following:

(4)  Section 8(2) is amended

                                   (a)    in clause (a)(iii)

                                           (i)    in paragraph (D) by adding the following after subparagraph (II):

                                            (II.1)    a member’s professional competence in carrying out leadership duties related to a leadership certificate issued under the Education Act;

                                          (ii)    in paragraph (E) by striking out School Actand substituting Education Act”;

                                         (iii)    by adding the following after paragraph (E):

                                            (E.1)    the recommendations that may be made to the Minister respecting one or more of the member’s leadership certificates under the Education Act;

                                   (b)    in clause (b) by striking out School Actand substituting Education Act”.

                             (c)    by adding the following after subsection (6):

(7)  Sections 42(1)(c) and 56(a) are amended by striking out “the teaching certificate of the investigated person” and substituting “one or more certificates issued to the investigated person under the Education Act”.

 

45   Section 288 is amended by striking out the following:

 

Lobbyists Act

3(1)(k)

 

46   Section 289 is amended by adding the following after clause (d):

                             (e)    School Amendment Act, 2017, SA 2017 c28.

 

47   Section 290 is amended by striking out “Proclamation” and substituting “September 1, 2019”.