BILL 33

An Act to Amend the Education Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by adding after section 36.7 the following:

Remuneration and expenses of councillors

36.71(1) The Lieutenant-Governor in Council shall fix the remuneration of the chair and the other councillors of a District Education Council.

36.71(2) The chair and the other councillors of a District Education Council are entitled to be paid travel expenses incurred in relation to the performance of their duties in the name of the District Education Council, as fixed by the Board of Management travel policy guidelines, as amended.

36.71(3) The remuneration and the reimbursement of expenses shall be paid out of the budget provided by the Minister to a District Education Council under section 50.2.

2 Paragraph 57(1)(kk) of the Act is amended by striking out “or a District Education Council”.

TRANSITIONAL PROVISIONS

Appointment of superintendents

3(1) Until June 30, 2012, the Minister may appoint a superintendent for each school district established under New Brunswick Regulation 2012-11 under the Education Act.

3(2) If an office of superintendent is vacated as a result of the office holder being appointed under subsection (1), the District Education Council concerned shall appoint an interim superintendent for a term ending June 30, 2012.

3(3) Until June 30, 2012, the Minister shall assume the contracts of employment of all the superintendents appointed under subsection (1) who, immediately before the commencement of this section, held office as a superintendent appointed under section 47.

3(4) The Minister may enter into a contract of employment for a maximum term of two years with a superintendent of a school district appointed under subsection (1), other than with a person referred to in subsection (3).

3(5) Until June 30, 2012, each superintendent appointed under subsection (1) shall have all the rights, powers, duties and responsibilities necessary to coordinate the staffing and operational activities for the school district to which he or she is appointed, including the power to hire, according to the policies and directives established by the Minister, school personnel in Part II of the Public Service of the Province as specified in the First Schedule of the Public Service Labour Relations Act, for the school district for which he or she is appointed, and shall report directly to the assistant deputy minister of the educational sector established for the school district for which he or she is appointed.

3(6) When a superintendent of a school district appointed under subsection (1) hires school personnel under the authority conferred to him or her by subsection (5), any position within the school district shall not be considered a new or vacant position.

3(7) On or after July 1, 2012, an employment contract referred to in subsections (3) and (4) shall be assumed by the District Education Council of the school district for which the superintendent is appointed under subsection (1), and the superintendents shall have all the rights, powers duties and responsibilities granted under sections 47.1 and 48.

Dissolution of a District Education Council

4 The District Education Councils for school districts that were established and in existence immediately before the commencement of New Brunswick Regulation 2012-11 under the Education Act are dissolved on July 1, 2012.

Transfer of authority

5(1) On or after July 1, 2012, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Councils established for school districts 1 and 11 are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for the Francophone sud school district.

5(2) On or after July 1, 2012, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Councils established for school districts 5 and 9 are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for the Francophone nord-est school district.

5(3) On or after July 1, 2012, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for school district 3 are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for the Francophone nord-ouest school district.

5(4) On or after July 1, 2012, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Councils established for school districts 6, 8 and 10 are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for the Anglophone South School District.

5(5) On or after July 1, 2012, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for school district 2 are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for the Anglophone East School District.

5(6) On or after July 1, 2012, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Councils established for school districts 14, 17 and 18 are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for the Anglophone West School District.

5(7) On or after July 1, 2012, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Councils established for school districts 15 and 16 are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council established for the Anglophone North School District.

Transfer of school personnel

6(1) On or after July 1, 2012, the persons who were members of the school personnel for school districts 1 and 11 immediately before July 1, 2012, are members of the school personnel employed at the Francophone sud school district.

6(2) On or after July 1, 2012, the persons who were members of the school personnel for school districts 5 and 9 immediately before July 1, 2012, are members of the school personnel employed at the Francophone nord-est school district.

6(3) On or after July 1, 2012, the persons who were members of the school personnel for school district 3 immediately before July 1, 2012, are members of the school personnel employed at the Francophone nord-ouest school district.

6(4) On or after July 1, 2012, the persons who were members of the school personnel for school districts 6, 8 and 10 immediately before July 1, 2012, are members of the school personnel employed at the Anglophone South School District.

6(5) On or after July 1, 2012, the persons who were members of the school personnel for school district 2 immediately before July 1, 2012, are members of the school personnel employed at the Anglophone East School District.

6(6) On or after July 1, 2012, the persons who were members of the school personnel for school districts 14, 17 and 18 immediately before July 1, 2012, are members of the school personnel employed at the Anglophone West School District.

6(7) On or after July 1, 2012, the persons who were members of the school personnel for school districts 15 and 16 immediately before July 1, 2012, are members of the school personnel employed at the Anglophone North School District.

Legal proceedings

7 On or after July 1, 2012, an action, suit or other legal proceeding brought, taken or continued by or against a District Education Council for a school district before July 1, 2012, is to be brought, taken or continued by or against the District Education Council for the school district to which the assets, liabilities, rights, obligations, powers and responsibilities of that District Education Council were transferred under section 62.3.

CONSEQUENTIAL AMENDMENT AND COMMENCEMENT

Regulation under the Education Act

8 Section 34 of New Brunswick Regulation 2001-48 under the Education Act is amended

(a)  in subsection (1) by striking out “or District Education Council”;

(b)  by repealing subsection (2).

Commencement

9 Sections 1, 2 and 4 of this Act come into force on July 1, 2012.