Bill 46 - Education Act

BILL 46

Education Act

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

PART 1

INTERPRETATION

Purpose

1 The purpose of this Act is to recognize

(a) that the school system is founded on the principles of free public education, linguistic duality and the inclusion of all students, and

(b) the importance of the cultures and languages of the Mi’kmaq and Wolastoqey peoples.

Definitions

2 The following definitions apply in this Act.

“advisory body” means a board, committee or other body constituted under subsection 139(2). (organisme consultatif)

“anglophone sector” means the anglophone education sector established under subsection 39(1). (secteur anglophone)

“Appeal Board” means the Appeal Board on Teacher Certification constituted under subsection 119(1). (Commission d’appel)

“district” means an area where an education entity is responsible to provide public education under paragraph 34(1)(a). (district)

“district education council election” means an election conducted in accordance with section 64. (élection du conseil d’éducation de district)

“district education plan” means a plan prepared under subsection 78(1). (plan d’éducation du district)

“district expenditure plan” means a plan prepared under subsection 103(1). (plan de dépenses du district)

“district performance report” means a report prepared under subsection 79(1). (rapport de rendement du district)

“education entity” means a school district in the anglophone sector constituted under section 41 or a district education council in the francophone sector constituted under subsection 53(1). (entité d’éducation)

“francophone sector” means the francophone education sector established under subsection 51(1). (secteur francophone)

“guardian” includes a person who has received into the person’s home and has had placed under the person’s care and control another person’s child but does not, for the purpose of subsection 16(3), include a person who, in the opinion of the superintendent, has done so solely for the purpose of allowing that child to attend another school. (tuteur)

“independent student” means a student who is at least 19 years of age or is living independently of their parent or parents, as the case may be. (élève autonome)

“international student” means a person who is lawfully admitted to Canada for the purpose of attending school in New Brunswick but does not include a recruited international student or any person entitled to school privileges free of charge under this Act or the regulations. (élève étranger)

“Minister” means the Minister of Education and Early Childhood Development and includes persons designated by the Minister to act on the Minister’s behalf. (ministre)

“parent” includes guardian. (parent)

“parent school support committee” means a committee constituted under subsection 71(1). (comité parental d’appui à l’école)

“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act. (renseignements personnels)

“personalized learning plan” means a personalized plan for a student that specifically and individually identifies practical strategies, goals, outcomes, targets and educational supports and is designed to ensure the student experiences success in learning that is meaningful and appropriate, considering the student’s individual needs. (plan d’intervention)

“positive learning and working environment” means a safe, productive, orderly and respectful learning and working environment free from bullying, cyberbullying, harassment and other forms of disruptive, disrespectful or non-tolerated behaviour or misconduct, including behaviour or misconduct that occurs outside school hours and off the school property to the extent the behaviour or misconduct affects the school environment. (milieu propice à l’apprentissage et au travail)

“positive learning and working environment plan” means a plan prepared under subsection 80(1). (plan pour un milieu propice à l’apprentissage et au travail)

“provincial education plan” means a plan prepared under subsection 29(1). (plan d’éducation provincial)

“public education” means those educational programs and services, extending from kindergarten to graduation from high school, provided by the Minister under this Act to persons who are of school age. (éducation publique)

“recruited international student” means a person who is recruited under section 100 and lawfully admitted to Canada for the purpose of attending school in New Brunswick. (élève étranger recruté)

“Registrar” means a person appointed under section 113. (registraire)

“resident of the Province” means a person lawfully entitled to be in or to remain in Canada, whose home is in and who is ordinarily present in New Brunswick. (résident de la province)

“school” means a structured learning environment through which public education is provided to a student. (école)

“school age” means the age between the date on which a person is required to attend school under section 16 and the end of the school year in which the person reaches the age of 21 years. (âge scolaire)

“school district” means a body corporate constituted under section 41. (district scolaire)

“school improvement plan” means a plan prepared under subsection 88(1). (plan d’amélioration de l’école)

“school performance report” means a report prepared under subsection 89(1). (rapport de rendement de l’école)

“school personnel” means (personnel scolaire)

(a) teachers,

(b) supervisory and administrative personnel,

(d) school custodians and maintenance personnel,

(e) administrative support personnel,

(f) persons other than teachers engaged to assist in the delivery of programs and services to students, and

(g) persons engaged in the delivery of social services, health services, psychological services and guidance services.

“school property” includes property leased by or otherwise provided to the Minister and used for the purposes of a school or an education entity. (bien scolaire)

“school year” means a year beginning on July 1 and ending on June 30. (année scolaire)

“serious misconduct” means any conduct that would reasonably be considered extreme and unacceptable in the context of public education, including (inconduite grave)

(a) bullying,

(b) cyberbullying,

(d) possessing, using or providing weapons,

(e) possessing, using, distributing or selling illegal or dangerous substances or objects, and

(f) disseminating hate propaganda.

“student” means a person who is enrolled in a school established under this Act. (élève)

“student council” means a student council constituted under subsection 75(1). (conseil des élèves)

“student teacher” means a person engaged in practice teaching while enrolled in a teacher education program at any university designated by the Minister. (stagiaire en enseignement)

“superintendent” means a person appointed under subsection 45(1) or 55(1). (directeur général)

“teachers” means persons engaged in the delivery of public education who hold teacher’s certificates issued under section 114, including principals, vice-principals, directors of education and district supervisors of instruction. (personnel enseignant)

Determination of student’s residency

3( 1) For the purposes of subsection 7(1) and the placement of students under section 11 or 12, the residence of a student

(a) if the student is not an independent student, means the ordinary place of residence of the parent, or

(b) if the student is an independent student, means the ordinary place of residence of the student.

3( 2) For the purposes of subsection (1) and the definition “independent student”, at the written request of the student or their parent, the superintendent shall determine whether or not the student is living independently of their parent.

PART 2

STUDENTS, PARENTS AND PERSONNEL

Rights and duties of students

4( 1) It is the duty of a student

(a) to take full advantage of learning opportunities,

(b) to accept increasing responsibility for their learning as the student progresses through their schooling,

(d) to attend school regularly and punctually,

(e) to contribute to a positive learning and working environment,

(f) to be clean and tidy when attending school,

(g) to be responsible for their conduct at school and while on the way to and from school,

(h) to respect the rights of others,

(i) to comply with the regulations, if any, respecting their conduct and appearance, and

(j) to comply with all instructions from school personnel and applicable policies, guidelines, procedures or rules.

4( 2) It is the right of a student to be informed of their educational progress on a regular basis.

New Brunswick high school diploma

5( 1) The Minister shall grant a New Brunswick high school diploma to a student who successfully completes a program of studies established by the Minister.

5( 2) The Minister may grant a diploma equivalent to a New Brunswick high school diploma to a person who successfully completes, outside the Province, a program of studies approved by the Minister.

Role of parents

6( 1) In support of the learning success of the student and the learning environment at the school, the parent of a student who is a minor is expected to

(a) encourage the student to complete assigned homework,

(b) communicate reasonably with school personnel and all persons who perform work for or supply services to the school the student attends as required in the best interests of the student and the school community,

(d) ensure the basic needs of the student are met, and

(e) have due care for the conduct of the student at school and while on the way to and from school.

6( 2) A parent has a right to reasonable consultation with school personnel of the school the student attends with respect to the education of the student.

6( 3) It is the responsibility of a parent and of school personnel and superintendents to conduct themselves in a respectful manner and to follow applicable policies, guidelines, procedures and rules when communicating about the student.

6( 4) When the principal of a school considers it advisable, the principal may establish a communication plan to be followed by a parent and school personnel which may include

(a) the means of communication,

(b) the frequency of communication, and

School privileges for residents of the Province

7( 1) Subject to subsections (2), 40(1) and 52(1), the Minister shall provide school privileges free of charge under this Act for every resident of the Province who is of school age and who

(a) has not received a New Brunswick high school diploma, and

(b) has not received a diploma that is, in the opinion of the Minister, equivalent to a New Brunswick high school diploma.

7( 2) Subsection (1) does not relieve the Government of Canada of any obligation in respect of the education of any person whose education is the constitutional responsibility of the Government of Canada.

7( 3) Subject to the requirements prescribed by regulation, if any, the Minister may provide school privileges free of charge to any other persons prescribed by regulation.

7( 4) Subject to the regulations and the prescribed fees, if any, the Minister may provide school privileges to any persons prescribed by regulation who are not entitled to receive school privileges free of charge under subsection (1) or (3).

7( 5) Subsection (3) does not apply to the provision of school privileges to international students or recruited international students.

School privileges for non-residents of the Province

8 On the recommendation of the superintendent, which shall be made in accordance with applicable policies and guidelines, the Minister may provide school privileges

(a) subject to section 99, to an international student, and

(b) subject to section 100, to a recruited international student.

Admission requirements

9 Subject to section 10, the superintendent shall grant admission to school to a person who meets the requirements prescribed by regulation.

Proof of immunization

10( 1) A superintendent shall refuse admission to a person enrolling in school for the first time or a student who does not provide satisfactory proof of the immunizations required under the Public Health Act or any regulation under that Act.

10( 2) Subsection (1) does not apply to a student whose parent provides

(a) a medical exemption, on a form provided by the Minister and signed by a medical practitioner, or

(b) a written statement, on a form provided by the Minister and signed by the parent, of the parent’s objection for reasons of conscience or religious belief to the immunizations required under the Public Health Act and any regulation under that Act.

Placement of students

11( 1) Subject to the regulations, if any, the superintendent shall admit students and shall determine the placement of students in classes, groupings, grades, programs, services and schools according to the needs of the students and the resources of the education entity.

11( 2) For the purposes of placement of students, kindergarten shall be considered the first year of public education.

11( 3) A decision made by a superintendent under subsection (1) shall be made

(a) subject to applicable policies, guidelines or directives, and

(b) only with respect to students who are enrolled in a school in the district or who reside within the territorial limits of the district.

Programs and services for students requiring a personalized learning plan

12( 1) In this section, “common learning environment” means an inclusive learning environment

(a) in which instruction is designed to be delivered to students in similar age groups and of various abilities at their neighbourhood school for the majority of regular instruction hours, and

(b) that is responsive to a student’s individual needs as a learner.

12( 2) A superintendent shall develop a personalized learning plan for a student if, after consulting with the parent of the student and qualified persons, the superintendent determines that a personalized learning plan is required to meet the physical, sensorial, cognitive, social-emotional or other needs of the student.

12( 3) The superintendent shall place a student requiring a personalized learning plan so that the student receives public education within the common learning environment to the fullest extent considered possible, having regard for the rights and needs of that student and the rights and needs of other students.

12( 4) Public education may be delivered to a student who requires a personalized learning plan at the student’s home or other setting if the student is not able to attend or receive public education at school due to

(a) the student’s fragile health, hospitalization or recovery, or

(b) a circumstance, condition or need that requires a level of care or supervision that cannot reasonably be provided effectively at school.

12( 5) Subject to the regulations, the Minister may issue policies and guidelines for education entities regarding the identification of students requiring personalized learning plans and their placement under subsection (4).

12( 6) A decision made by a superintendent under subsection (2) or (4) shall be made

(a) subject to the regulations, if any, and applicable policies, guidelines or directives, and

(b) only with respect to

( i) a student who is enrolled in a school in the district, or

( ii) a person who is not enrolled in a school in the district but resides within the territorial limits of that district.

Testing for a personalized learning plan

13( 1) For the purpose of developing a personalized learning plan for a student, a teacher who holds a master’s degree approved by the Minister and completes the training approved by the Minister may administer a test prescribed by regulation, score the test and interpret and apply the results of the test.

13( 2) This section and the regulations made under subparagraph 142(1)(g)(ii) shall supersede all other provisions in the Psychologists Act and any regulation under that Act.

Appeal of placement

14 An independent student or the parent of a student may, in accordance with the regulations, appeal a decision made under subsection 11(1) or 12(3) respecting the placement of the student.

Programs and services in relation to Indigenous education

15( 1) Subject to subsection (3), the Minister shall prescribe or approve programs and services that respond to the unique needs of Mi’kmaq and Wolastoqey students if the Minister has entered into an agreement with a council of a Mi’kmaq or Wolastoqey First Nation under subsection 140(1) or paragraph 140(2)(b).

15( 2) Subject to subsection (3), the Minister shall prescribe or approve programs and services that foster an understanding of Indigenous history, culture and languages among all students.

15( 3) The Minister shall consult with the First Nation concerned before prescribing or approving programs and services under subsection (1) or (2).

Compulsory attendance

16( 1) Subject to subsection (2) and except as provided in section 18, a person who reaches five years of age before December 31 of a school year is required to attend school from the first day of that school year until they graduate from high school or reach the age of 18 years.

16( 2) If a person will reach five years of age between September 1 and December 31 of a school year, their parent may defer their enrolment until the first school day of the next school year.

16( 3) A person referred to in subsection (1) shall, throughout the school year, attend the school in which the student is placed by the superintendent under section 11.

Failure to attend school

17( 1) The principal of a school or another person designated by the superintendent shall, subject to applicable policies, guidelines, procedures or rules, examine any failure to comply with section 16.

17( 2) If the examination warrants it, the principal or the other designated person shall notify the parent of the student in writing with respect to the matter and the consequences of non-compliance and shall forward a copy of the notice to the superintendent.

17( 3) On receipt of the notice referred to in subsection (2), the parent of the student shall immediately ensure that the student attends school.

17( 4) A parent who violates or fails to comply with subsection (3) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

17( 5) Subsection (4) does not apply if the student is 16 years of age or older.

17( 6) If a person is charged with an offence under subsection (4) in respect of a student who is alleged to be between the ages of five and 15 years inclusive and the student appears to the court to be within that age range, the student is deemed to be within that age range unless the contrary is proved.

Exceptions

18( 1) A student is not required to attend school if the student

(a) is unable to attend school by reason of the student’s illness or injury or other unavoidable cause,

(b) is excluded from attending school or their attendance privileges at school have been suspended under this Act or the regulations,

(d) is exempted from attending school in writing by the Minister in circumstances considered exceptional by the Minister.

18( 2) On application of their parent and subject to the regulations, if any, the Minister shall exempt a student in writing from attending school if the Minister is satisfied that the student is under effective instruction elsewhere.

Referral to the Minister of Social Development

19 If the parent of a student neglects or refuses to ensure that the student attends school as required by this Act and the superintendent considers that the student’s security or development may be in danger, the superintendent shall refer the matter to the Minister of Social Development for investigation under the Family Services Act.

Employment of students during school hours

20( 1) If a student is required by this Act to be in attendance at school, no person shall employ that student during school hours.

20( 2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

20( 3) If a person is charged with an offence under subsection (2) in respect of a student who is alleged to be between the ages of five and 17 years inclusive and the student appears to the court to be within that age range, the student is deemed to be within that age range unless the contrary is proved.

Order and discipline

21( 1) Subject to the authority granted to education entities under subsection 90(2), every teacher has a general oversight of school property while it is being used for school purposes.

21( 2) Subject to applicable policies, guidelines, procedures, rules or directives, every teacher shall

(a) maintain order and discipline in or on school property,

(b) maintain order and discipline on the part of students under their supervision during school activities off school property, and

21( 3) When performing the duties of a student teacher, a student teacher has the same powers and duties as a teacher under this Act in respect of the maintenance of order and discipline.

21( 4) A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence when the person, in or on school property,

(a) uses threatening or abusive language, or

(b) speaks or acts in a way as to impair the maintenance of order and discipline.

Exclusion from school property

22( 1) If a person causes or attempts to cause a disturbance in or on school property while it is being used for school purposes, a teacher may exclude that person from the school property.

22( 2) If a teacher attempts to exclude a person from school property under subsection (1) and that person refuses to immediately leave the school property, that person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

Destruction of school property

23 Subject to any limits prescribed by regulation, if school property is destroyed, damaged, lost or converted by the intentional act of a minor, the minor and the minor’s parents are jointly and severally liable to the Minister in respect of the act of the minor.

Corporal punishment

24 No school personnel, superintendent or volunteer shall administer corporal punishment as a means of discipline.

Suspension of school privileges

25( 1) Subject to the regulations, if any, and a review under subsection (2), a principal may, for cause, suspend the school privileges of a student for the following periods:

(a) a fixed period not exceeding five consecutive school days, in the case of a suspension of attendance privileges at school, or

(b) a period determined by the principal, in the case of a suspension of

( i) transportation privileges to or from school, or

( ii) any or all other school privileges.

25( 2) At the request of the student or a parent of the student, the superintendent may review the matter.

25( 3) Following a review under subsection (2), the superintendent shall confirm, vary or revoke the decision.

25( 4) A principal may direct that the student serve the suspension pending the review referred to in subsection (2).

25( 5) If a principal suspends school privileges under paragraph (1)(a), the principal shall immediately report the matter in writing to the superintendent.

25( 6) If a principal suspends school privileges under paragraph (1)(a) for more than five school days in a school year, the parent of the student or independent student may appeal the most recent suspension in accordance with the regulations.

25( 7) If the suspension is confirmed on appeal under subsection (6), the student’s attendance at school shall not be reinstated, despite the expiry of the period of the suspension, unless the student assures the principal of their intention to comply with the rules of conduct.

25( 8) A principal may, for the purposes of this section, designate a vice-principal to act on behalf of the principal.

25( 9) If the school privileges of a student are suspended under subsection (1) and the student transfers to a school in another district before the expiry of the period of the suspension, the superintendent of the district to which the student has transferred may, on a review of the circumstances, uphold, shorten the period of or waive the suspension.

Powers and duties of principals

26( 1) The principal of a school

(a) is the educational leader and administrator of the school and has overall responsibility for the school and for school personnel under their management, and

(b) is accountable to the superintendent for the performance of the principal’s powers and duties and the overall educational progress of the students enrolled in the school.

26( 2) A principal shall have the following powers and duties:

(a) to participate in the selection of school personnel for the school;

(b) to encourage and facilitate the professional development of school personnel employed at the school;

(c) to manage the school personnel employed at the school and conduct performance evaluations of the school personnel in accordance with the regulations;

(d) to ensure the establishment of and to participate in the operation of a parent school support committee at the school;

(e) to communicate and consult with the parent school support committee with respect to matters relating to the duties of the parent school support committee under this Act;

(f) to facilitate, at least once each year, a joint meeting with the parent school support committee and the student council;

(g) to prepare a school improvement plan each year in consultation with the parent school support committee, student council, school personnel and the school community and to submit and communicate the plan as required under this Act;

(h) to ensure the approval by the parent school support committee of the goals and objectives of the school improvement plan;

(i) to prepare, submit and communicate a school performance report each year;

(j) to create an environment that allows for open discussion, constructive dialogue and the sharing of concerns or constructive feedback by school personnel, students and volunteers;

(k) to ensure that reasonable steps are taken to create and maintain a positive learning and working environment;

(l) to ensure that the positive learning and working environment plan is implemented in collaboration with the parent school support committee and, if appropriate, with students and to report regularly to the parent school support committee and the superintendent with respect to the effectiveness of the plan and the progress made in its implementation;

(m) to report any incident of serious misconduct to the superintendent;

(n) to be accountable and responsible for funds earned by, provided to and raised for the school;

(o) to ensure compliance with this Act and the regulations and applicable policies, guidelines, procedures and rules; and

(p) to exercise any other power or perform any other duty authorized or required by this Act or the regulations.

Powers and duties of teachers

27( 1) A teacher shall have the following powers and duties:

(a) to identify and implement learning and evaluation strategies that foster a positive learning environment aimed at helping each student achieve required learning outcomes;

(b) to implement the required curriculum;

(d) to maintain conduct consistent with their position of trust and influence over students;

(e) to exemplify and encourage in each student the values of truth, justice, compassion and respect for all persons;

(f) to comply with this Act and the regulations, and applicable policies, guidelines, procedures and rules;

(g) to attend to the health and well-being of each student;

(h) to report concerns and feedback to the superintendent or the Minister in a respectful, constructive, informed and fact-based manner;

(i) to maintain their professional competence;

(j) to assist in the preparation and implementation of the school improvement plan and to cooperate in the preparation of the school performance report; and

(k) to exercise any other power or perform any other duty authorized or required by this Act or the regulations.

27( 2) A teacher is accountable to the superintendent, through the principal, for the performance of the teacher’s powers and duties and the overall educational progress of the students under the teacher’s instruction.

PART 3

GOVERNANCE

Division A

Minister

Powers and duties of the Minister

28 The Minister

(a) shall establish educational goals and standards and service goals and standards for public education,

(b) shall identify provincial priorities,

(d) may conduct tests and examinations in any grade or level,

(e) may prescribe or approve instructional organizations, programs, services and courses and the procedures for their evaluation,

(f) may prescribe or approve pilot, experimental and summer programs, services and courses,

(g) may prescribe or approve instructional and other materials and equipment for use in the delivery of any program, service, course or evaluation procedure under this Act,

(h) may establish policies and guidelines under section 30,

(i) may approve or recommend books and other learning resources for school libraries, and

(j) may provide training for councillors of district education councils and members of parent school support committees and student councils.

Provincial education plan

29( 1) The Minister shall prepare, implement and monitor a provincial education plan for each education sector.

29( 2) A provincial education plan shall establish priorities respecting the improvement of the educational performance of students toward the achievement of learning goals.

29( 3) A provincial education plan shall be published by the Minister on the Department of Education and Early Childhood Development website as soon as the circumstances permit.

Policies and guidelines of the Minister

30( 1) The Minister may establish policies and guidelines respecting

(a) public education, including

( i) school privileges,

( ii) admission and placement of students,

( iii) summer school,

( iv) experiential learning,

( v) programs, services and courses on local or regional interests,

( vi) official language programs and other language programs,

( vii) graduation requirements,

( viii) attendance of students outside of a district, and

( ix) inclusive education,

(b) the establishment, operation and closure of schools,

(d) human resources management,

(e) investigations of allegations of serious professional misconduct,

(f) the health and well-being of students and school personnel,

(g) finance and administration,

(h) information management by an education entity, school, district education council, parent school support committee or advisory body, including the use of information and communication technologies,

(i) the establishment of school and community partnerships and sponsorships,

(j) the transportation of students,

(k) the definition of any word or expression used in but not defined in this Act or the regulations, or

(l) any other matter prescribed by regulation.

30( 2) Any policy or guideline made under this section shall be published by the Minister on the Department of Education and Early Childhood Development website as soon as the circumstances permit.

Provincial forums

31( 1) The Minister shall convene, for each education sector, two provincial forums each year

(a) to facilitate information sharing and consultation among the Minister, education entities, district education councils, superintendents and advisory bodies, and

(b) to permit the Minister, education entities, district education councils, superintendents and advisory bodies to identify and discuss areas of concern.

31( 2) A provincial forum shall be attended by

(a) the Minister,

(b) the superintendent of each district, or a person designated by the superintendent for this purpose,

(d) the provincial officials the Minister may designate for this purpose.

31( 3) A provincial forum may be attended by a representative of an advisory body constituted under subsection 139(2).

Division B

Education Entities and Superintendents

Application of Division B

32 This Division applies to education entities constituted under section 41 or subsection 53(1).

Legal status of education entities

33( 1) The Lieutenant-Governor in Council shall, by regulation, divide the Province into districts, the territorial limits of which shall be prescribed by regulation.

33( 2) The Lieutenant-Governor in Council shall, for each district, constitute an education entity in accordance with section 41 or subsection 53(1).

33( 3) An education entity is a body corporate without share capital.

33( 4) An education entity is an agent of the Crown.

33( 5) Subject to this Act, an education entity has, in respect of its objects, the capacity and the rights, powers and privileges of a natural person.

33( 6) Without limiting the generality of subsection (5), an education entity may appoint the personnel and retain the services of the advisors necessary to carry out its objects and purposes under this Act and the regulations.

Powers and duties of an education entity

34( 1) An education entity shall have the following powers and duties:

(a) to provide public education in a district;

(b) to establish schools in accordance with section 83 and operate schools in accordance with section 84;

(d) to provide for the education and instruction of all students enrolled in its schools and programs;

(e) to promote excellence in public education and achievement of every student enrolled in its schools and programs;

(f) to provide alternative educational programs and services for students consistent with the policies and guidelines of the Minister;

(g) to develop policies, procedures and rules for the district;

(h) to consult with the public, district education councils, parent school support committees and student councils as required by this Act and the regulations;

(i) to prepare the district performance report;

(j) to review the school improvement plan and the school performance report for each of its schools;

(k) to meet each year with the parent school support committees and the student councils;

(l) to prepare and implement the district education plan and the district expenditure plan;

(m) to review and oversee the expenditure of funds in accordance with this Act and the regulations;

(n) to manage available financial resources in an effective and efficient manner;

(o) to prepare an annual report in accordance with section 81;

(p) to prepare annually for submission to the Minister,

( i) a report that identifies priorities for capital construction projects in the district, and

( ii) a report on positive learning and working environment plans in the district in accordance with section 80;

(q) to enter into agreements in accordance with subsection 140(5); and

(r) to exercise any other power or perform any other duty authorized or required by this Act or the regulations.

34( 2) An education entity may

(a) cooperate with another education entity to share school personnel and educational or administrative programs and services,

(b) to cooperate with persons and organizations to improve the quality of learning in the district and to foster the spirit of lifelong learning in the school community,

(c) provide for the settlement of disputes arising in connection with school matters between any parent or student and school personnel, and

(d) make rules not inconsistent with this Act or the regulations governing its internal procedures.

Policies and procedures of an education entity

35( 1) An education entity may establish policies and procedures not inconsistent with the policies and guidelines of the Minister in matters relating to the authority granted to the education entity under this Act and the regulations.

35( 2) A policy or procedure established under this section shall be published by the education entity on its website as soon as the circumstances permit.

Creation or amalgamation of districts

36( 1) Subject to subsections 40(1) and 52(1), the Lieutenant-Governor in Council, on the recommendation of the Minister, may by regulation

(a) create new districts,

(b) abolish or alter the territorial limits of districts, and

36( 2) In the francophone sector, when two or more district education councils, by a majority vote of their councillors, resolve to amalgamate their districts or any portion of their districts, they shall forward a certified copy of the resolution of each district education council to the Minister.

36( 3) When two or more districts in the francophone sector are amalgamated under subsection (1), the existing district education councils of those districts shall administer the amalgamated district jointly until the next district education council election.

36( 4) When a new district is created under subsection (1), an interim district education council may be constituted in accordance with the regulations.

Powers and duties of superintendents

37( 1) A superintendent shall have the following powers and duties:

(a) to provide leadership in promoting quality education, inclusive education, enhanced community involvement and the efficient delivery of services in the district;

(b) to coordinate and administer the educational programs and services established by the Minister;

(d) to ensure the allocation, management and development of all human resources in the district;

(e) to ensure that school personnel comply with applicable policies, guidelines, procedures and rules;

(f) to ensure that the performance of school personnel is managed and performance evaluations are conducted in accordance with this Act and the regulations;

(g) to consult with the parent school support committee when conducting the annual performance evaluation of a principal or a vice-principal;

(h) to prepare plans and reports as required by this Act and the regulations;

(i) to attend and participate in meetings as required by this Act and the regulations; and

(j) to exercise any other power or perform any other duty authorized or required by this Act or the regulations.

37( 2) Subject to the regulations, if any, a superintendent may designate persons to act on behalf of the superintendent.

Division C

Anglophone Education Sector

Application of Division C

38( 1) This Division applies to the anglophone sector.

38( 2) In this Division, “district education council” means a district education council constituted under subsection 46(1). (conseil d’éducation de district)

Establishment of the anglophone sector

39( 1) An anglophone education sector is established consisting of school districts organized throughout the Province that conduct their activities in the English language.

39( 2) There shall be a dedicated division within the Department of Education and Early Childhood Development to develop and oversee the implementation and evaluation of educational programs and services in the anglophone sector.

39( 3) The educational programs and services provided by a school district, other than those relating to French and other language instruction, shall be developed, implemented and delivered

(a) by persons who speak English, and

(b) so as to preserve and promote the English language and anglophone culture.

39( 4) Despite any other provision of this Act, the educational programs and services provided in the anglophone sector shall not be provided in French for persons who speak French.

Entitlement based on linguistic proficiency – anglophone sector

40( 1) A person entitled to school privileges free of charge under section 7 is entitled to receive those privileges in the anglophone sector if the person

(a) has sufficient linguistic proficiency only in English,

(b) has sufficient linguistic proficiency in both English and French, or

40( 2) The superintendent shall administer the tests that the Minister considers necessary to determine the linguistic proficiency of any person for the purposes of this section.

School Districts in the Anglophone Sector

Constitution of school districts

41 The Lieutenant-Governor in Council may, by regulation, constitute school districts under the names prescribed by regulation.

Superintendent to be sole director

42( 1) The powers of a school district are vested in and shall be exercised by a superintendent appointed under subsection 45(1).

42( 2) A superintendent shall be the sole director of the school district, constituting a one-person board and may constitute a meeting of the board.

42( 3) A superintendent is, subject to the authority of the Minister under this Act, the chief executive officer of the school district.

Minister may issue directives

43( 1) The Minister may issue directives to a school district in relation to

(a) the implementation of the provincial education plan or a district education plan,

(b) the establishment of priorities and guidelines for a school district to follow in exercising its powers and performing its duties, and

( i) other education entities,

( ii) any government departments or agencies, and

( iii) any other person.

43( 2) The Minister may establish parameters and issue directives to a school district in relation to the planning, organization, management and delivery of public education by the school district.

Minister may establish performance targets

44 The Minister may establish performance targets for a school district in relation to

(a) the delivery of public education by the school district,

(b) its development as an organization,

(d) any other matter prescribed by regulation.

Appointment of superintendents – anglophone sector

45( 1) The Minister shall, following consultation with the district education councils, appoint a superintendent for each school district.

45( 2) A superintendent shall be an employee of the Department of Education and Early Childhood Development.

45( 3) Despite the Civil Service Act, the appointment or reappointment of a superintendent shall be for a five-year term.

45( 4) A superintendent is accountable to the Minister for the management of programs and resources, the quality of public education and the implementation of the district education plan and district expenditure plan for the district.

45( 5) The Minister shall

(a) ensure that the superintendent complies with the policies and guidelines of the Minister, and

(b) conduct an annual performance evaluation of the superintendent.

District Education Councils
in the Anglophone Sector

Establishment of district education councils

46( 1) A district education council shall be constituted for each district referred to in subsection 33(1).

46( 2) A district education council shall consist of the councillors set out in section 61.

46( 3) A district education council shall conduct its affairs in English.

School district duties re a district education council

47 A school district shall perform the following duties in relation to the district education council:

(a) to communicate with the district education council;

(b) to consult with the district education council with respect to matters relating to the powers and duties of the district education council under this Act; and

(c) to provide to a district education council any information that is reasonably requested by the district education council with respect to matters relating to its powers and duties under paragraph 48(h).

Powers and duties of a district education council

48 A district education council shall have the following powers and duties:

(a) to advise the school district with respect to the development, implementation and monitoring of the district education plan and district expenditure plan;

(b) to advise the school district on policies and procedures of the school district;

(d) to review the school improvement plan and the school performance report for each of the schools in the district;

(e) to advise the Minister on the annual performance evaluation of the superintendent of the district;

(f) to advise the school district on the expenditure of trust funds given for the benefit of students enrolled in schools in the district in accordance with the terms of the trust;

(g) to advise the school district on the effectiveness of the school district’s positive learning and working environment plans and the progress made in their implementation;

(h) to review data on the performance of schools in the district and to advise the school district on the priorities to be identified for

( i) the district education plan,

( ii) regional grant funding,

( iii) capital projects,

( iv) locations for new schools, and

( v) school names;

(i) to consult with the Minister in the establishment of a code of conduct under section 49;

(j) to advise the superintendent on the settlement of disputes arising in connection with school matters between any parent or student and school personnel;

(k) to cooperate with persons and organizations to improve the quality of learning in the district and to foster the spirit of lifelong learning in the anglophone community; and

(l) to exercise any other power or perform any other duty authorized or required by this Act or the regulations.

Code of conduct for a district education council – anglophone sector

49( 1) The Minister shall, in consultation with a school district and the district education council, establish a code of conduct applicable to the district education council.

49( 2) The Minister shall establish, in accordance with the regulations, if any, processes, policies and guidelines with respect to contraventions of the code of conduct by councillors.

49( 3) The Minister may make rules, not inconsistent with this Act or the regulations, governing the internal procedure and meetings of a district education council.

Division D

Francophone Education Sector

Application of Division D

50( 1) This Division applies to the francophone sector.

50( 2) In this Division, “district education council” means a district education council constituted under subsection 53(1).

Establishment of the francophone education sector

51( 1) A francophone education sector is established consisting of district education councils organized throughout the Province that conduct their activities in the French language.

51( 2) There shall be a dedicated division within the Department of Education and Early Childhood Development to develop and to oversee the implementation and evaluation of educational programs and services in the francophone sector.

51( 3) The educational programs and services provided by a district education council, other than those relating to English and other language instruction, shall be developed, implemented and delivered

(a) by persons who speak French, and

(b) so as to preserve and promote the French language and francophone culture.

51( 4) Despite any other provision of this Act, the educational programs and services provided in the francophone sector shall not be provided in English for persons who speak English.

Entitlement based on linguistic proficiency – francophone sector

52( 1) A person entitled to school privileges free of charge under section 7 is entitled to receive those privileges in the francophone sector if the person

(a) has sufficient linguistic proficiency only in French,

(b) has sufficient linguistic proficiency in both French and English,

(d) has a parent with rights under section 23 of the Canadian Charter of Rights and Freedoms to receive those privileges.

52( 2) The superintendent shall administer the tests that the Minister considers necessary to determine the linguistic proficiency of any person for the purposes of this section.

52( 3) When a student is admitted to school under paragraph (1)(d), a district education council shall provide the supplementary educational programs and services that, in the opinion of the superintendent, are required to improve the linguistic skills of the student to a level necessary to participate in the program in which the student is placed.

District Education Councils
in the Francophone Sector

Constitution of district education councils – francophone sector

53( 1) The Lieutenant-Governor in Council may, by regulation, constitute district education councils under the names prescribed by regulation.

53( 2) A district education council shall consist of the councillors set out in section 61.

53( 3) A district education council shall conduct its affairs in French.

Code of conduct for a district education council – francophone sector

54( 1) The Minister shall, in accordance with the regulations, if any, and in consultation with the district education council, establish a code of conduct applicable to the district education council.

54( 2) The district education council shall establish processes, policies and guidelines with respect to contraventions of the code of conduct by councillors.

Appointment of superintendents – francophone sector

55( 1) A district education council shall appoint a superintendent of the district in accordance with the appointment process set out in section 56.

55( 2) A superintendent is, subject to the authority of the Minister under this Act, the chief executive officer of the district.

55( 3) A superintendent shall be an employee of the district education council.

55( 4) A superintendent is accountable to the district education council for the management of programs and resources, for the quality of public education and for the implementation of the district education plan and district expenditure plan.

55( 5) The appointment of a superintendent shall not be made without the prior written approval of the Minister.

55( 6) A district education council shall

(a) ensure that the superintendent complies with the policies and guidelines of the Minister, and

(b) conduct an annual performance evaluation of the superintendent.

Appointment process for superintendent

56( 1) When a district education council seeks the approval of the Minister for the purposes of subsection 55(5), the district education council shall give to the Minister, in the form and containing the information required by the Minister, written notice of its intention to appoint a superintendent.

56( 2) The Minister may approve or refuse to approve the appointment of a superintendent within one month after receipt of the notice referred to in subsection (1).

56( 3) The Minister may refuse to approve the appointment of a superintendent if, in the opinion of the Minister,

(a) the candidate lacks the requisite education, experience or qualifications, or

(b) an established selection policy or procedure has been violated.

56( 4) When the Minister refuses to approve the appointment of a superintendent, the Minister shall give the district education council reasons for the refusal in writing.

56( 5) When the Minister refuses to approve the appointment of a superintendent, the district education council may,

(a) in accordance with this section, appoint another individual as superintendent, or

(b) within 30 days after receipt of the reasons referred to in subsection (4), apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick for a review of the decision made by the Minister.

56( 6) When the judge dismisses an application made under paragraph (5)(b), the district education council shall, in accordance with this section, appoint another individual as superintendent.

56( 7) A district education council shall not enter into a contract of employment or a contract renewing a contract of employment with an individual who is appointed as a superintendent unless the contract includes a five-year term with no option to renew or extend the contract at the end of the term if the individual is not reappointed as superintendent.

56( 8) On the expiry of the term of an appointment or reappointment of a superintendent, the district education council may reappoint the superintendent.

56( 9) The reappointment of a superintendent shall be for a five-year term.

Accountability forum

57( 1) The Minister shall convene an accountability forum each year where each district education council in the francophone sector shall

(a) present the annual report prepared under section 81,

(b) respond to all questions and requests for information, and

57( 2) An accountability forum shall be attended by

(a) the Minister,

(b) the superintendent of each district, or a person designated by the superintendent for this purpose,

(d) the members of an advisory body the Minister may designate for this purpose.

57( 3) An accountability forum may be attended by any other person designated by the Minister or a superintendent.

Requirement for corrective action

58( 1) The Minister may require a district education council to take corrective action as the Minister considers necessary if, in the opinion of the Minister,

(a) the health, safety or educational welfare of students is endangered,

(b) the district education council fails to comply with any provision of this Act or the regulations or with a policy or guideline of the Minister made in accordance with this Act, or

58( 2) If the district education council fails to comply with a request of the Minister to take action under subsection (1) within the time specified in the request, the Minister may take any corrective action the Minister considers necessary.

58( 3) If the Minister takes action under subsection (2), the district education council may, within 30 days after the taking of the action, apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick for a review of the action taken by the Minister.

58( 4) On the hearing of an application made under subsection (3), the judge may dismiss the application or allow the application and give directions as to the action to be taken under subsection (2).

Dissolution of a district education council

59( 1) The Minister may, with the approval of the Lieutenant-Governor in Council, apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick to dissolve the district education council if, in the opinion of the Minister, the district education council

(a) is unable to function due to organizational difficulties, or

(b) fails to comply with the provisions of this Act or the regulations within a reasonable period after being advised by the Minister of the provisions of this Act or the regulations with which the district education council has failed to comply.

59( 2) On the hearing of an application made under subsection (1), the judge may

(a) dismiss the application, or

(b) allow the application and by order dissolve the district education council and may establish a period of time for the purposes of subsection (3).

59( 3) If on the hearing of an application made under subsection (1) the district education council is removed, the authorities and responsibilities of the district education council shall vest in the Minister for a period not to exceed one year or a shorter period as may be established by the judge, until an interim district education council is appointed in accordance with subsection (6) or the next district education council election is held.

59( 4) A district education council may, by a two-thirds majority vote of its councillors, declare itself unable to function due to organizational difficulties and, having done so, shall immediately inform the Minister, in writing, of the declaration.

59( 5) If a district education council acts in accordance with subsection (4), all the councillors are removed and the authorities and responsibilities of the district education council shall vest in the Minister for a period not to exceed one year until an interim district education council is appointed in accordance with subsection (6) or the next district education council election is held.

59( 6) If the Minister is vested with the authorities and responsibilities of the district education council under subsection (3) or (5), the Minister may, with the approval of the Lieutenant-Governor in Council, appoint an interim district education council and vest in the interim district education council the authorities and responsibilities of the district education council until the next district education council election is held.

59( 7) A person is eligible for appointment to an interim district education council under subsection (6) if the person meets the requirements, qualifications or eligibility criteria to be a candidate for the office of councillor under this Act and the regulations.

Division E

District Education Councils

Application of Division E

60 This Division applies to district education councils constituted under subsection 46(1) and 53(1).

Composition of a district education council

61( 1) A district education council shall consist of the following councillors:

(a) one voting councillor elected for each subdistrict referred to in section 65;

(b) for the districts prescribed by regulation, one voting councillor appointed by the Minister who shall be a member of a Mi’kmaq or Wolastoqey First Nation and who resides in that district; and

(c) for each district, one voting councillor and one non-voting councillor appointed by the Minister who shall be students residing in that district.

61( 2) An elected or appointed councillor shall meet the requirements, qualifications or eligibility criteria prescribed by regulation.

61( 3) A candidate for councillor shall certify on the candidate’s nomination paper that the candidate will discharge the duties of a councillor in the official language of the district education council for which the candidate is offering.

Term of elected councillors

62( 1) Subject to section 67, the term of office of an elected councillor of a district education council is four years commencing July 1 following the district education council election and ending June 30 following the next election.

62( 2) A person may be re-elected to a district education council if that person continues to meet the requirements, qualifications or eligibility criteria prescribed by regulation.

Term of appointed councillors

63( 1) Subject to subsection (2) and section 67, the term of office of an appointed councillor commences on the date of the councillor’s appointment and ends on June 30 following the next district education council election.

63( 2) Subject to section 67, the term of office of a councillor who is a student commences on the date of the councillor’s appointment and ends on June 30 the next year.

63( 3) A person may be reappointed to a district education council if that person continues to meet the requirements, qualifications or eligibility criteria prescribed by regulation.

District education council elections

64( 1) The Municipal Electoral Officer under the Municipal Elections Act shall exercise general direction and supervision over the administrative conduct of district education council elections.

64( 2) A person nominating a candidate, offering as a candidate or voting in a district education council election shall meet the requirements, qualifications or eligibility criteria prescribed by regulation.

Subdistricts and electoral zones

65( 1) For the purposes of a district education council election, each district shall, on the recommendation of the Minister, be divided into subdistricts, the territorial limits of which shall be prescribed by regulation.

65( 2) One councillor shall be elected for each subdistrict referred to in subsection (1).

65( 3) Two or more subdistricts referred to in subsection (1) may, by regulation, be combined into an electoral zone.

65( 4) Despite any other provision of this Act, when two or more subdistricts have been combined into an electoral zone, the councillors to be elected from that electoral zone shall be

(a) equal in number to the number of subdistricts comprising the electoral zone, and

(b) elected at large in that electoral zone.

65( 5) For the purposes of a district education council election, if an electoral zone has not been established, reference to the electoral zone shall be read, unless the context otherwise requires, as a reference to the subdistrict.

Declaration of education sector

66( 1) Before voting in a district education council election, a person shall declare whether the person intends to vote in relation to the anglophone sector or the francophone sector.

66( 2) A person is entitled to vote in relation to only the education sector declared under subsection (1).

Vacancies

67( 1) A position on a district education council shall be considered vacant in the circumstances prescribed by regulation.

67( 2) Subject to the requirements, qualifications or eligibility criteria referred to in subsection 61(2), if a vacancy occurs during the term of office of a councillor, the Minister shall appoint a person, in accordance with the regulations, to fill the vacancy for the balance of the term of the councillor replaced.

Officers of a district education council

68( 1) The chair and officers of a district education council shall be selected in accordance with the regulations.

68( 2) The chair and officers of a district education council may exercise any powers or perform any duties prescribed by regulation.

By-laws

69( 1) A district education council shall make by-laws not inconsistent with this Act regarding its internal organization and proceedings.

69( 2) A district education council shall ensure that its by-laws are available for inspection by members of the public during normal office hours.

Remuneration and expenses of councillors

70( 1) The Lieutenant-Governor in Council shall fix the remuneration of the chair and the other councillors of a district education council.

70( 2) The chair and other councillors of a district education council are entitled to be paid accommodation, meal and travel expenses reasonably incurred in relation to the performance of their duties, as fixed by the Treasury Board travel policy guidelines, as amended from time to time.

70( 3) The remuneration and reimbursement of expenses shall be paid out of the budget provided by the Minister to a district education council.

Division F

Parent School Support Committees

Constitution of parent school support committees

71( 1) A parent school support committee shall be constituted for each school under this Act.

71( 2) A parent school support committee shall conduct its affairs in the official language of the education entity.

71( 3) Despite subsection (1), the Minister may, in the circumstances prescribed by regulation,

(a) group two or more schools together for the purpose of constituting one parent school support committee for those schools, and

(b) exempt a school from the requirement of constituting a parent school support committee.

Powers and duties of parent school support committees

72 A parent school support committee shall have the following powers and duties:

(a) to engage the school community in the identification of

( i) the needs of students and the school community, and

( ii) goals and objectives to be identified in the school improvement plan;

(b) to advise the principal on the preparation, implementation and monitoring of the school improvement plan and to approve the goals and objectives of the school improvement plan;

(c) to review the results of the school performance report, provide constructive feedback to the principal and monitor school performance;

(d) to communicate with the school community regarding school performance;

(e) to advise the principal on school culture;

(f) to advise the principal on the needs of the students and the school community and the need for any school infrastructure upgrades;

(g) to advise the principal on the development of procedures and rules under section 87;

(h) to participate in the selection of the principal and any vice-principal through

( i) the chair of the parent school support committee, or

( ii) another member designated by the parent school support committee, who shall be a parent of a student enrolled in the school;

(i) to advise the superintendant, in accordance with the regulations, on the annual performance evaluation of the principal and any vice-principal in matters relating to the powers and duties of the parent school support committee under this section;

(j) to communicate with the superintendent on matters relating to the powers and duties of the parent school support committee under this section;

(k) to participate, at least once each year, in a joint meeting with the district education council and the student council;

(l) to establish processes, policies and guidelines with respect to contraventions by its members of a code of conduct established by the Minister; and

(m) to exercise any other powers or perform any other duties authorized or required by this Act or the regulations.

Composition of parent school support committees

73( 1) A parent school support committee shall consist of no fewer than six and no more than 12 members, as follows:

(a) no more than six voting members

( i) to be elected by the parents of students enrolled in the school, or

( ii) if vacancies exist following an election under subparagraph (i), to be appointed by the persons elected to the parent school support committee under that subparagraph;

(b) no more than one voting member who shall be a teacher, other than a principal or vice-principal, employed at the school, to be elected by the other teachers employed at the school in accordance with the policies and guidelines of the Minister;

( i) to be elected, if a high school program is provided at the school, by students of the school in accordance with the policies and guidelines of the Minister, or

( ii) to be appointed, if a high school program is not provided at the school, by the members of a parent school support committee elected or appointed under paragraph (a) in accordance with the policies and guidelines of the Minister;

(d) no more than two voting members who shall be residents of the district, to be appointed by the members of a parent school support committee in accordance with the policies and guidelines of the Minister;

(e) if there is a Home and School Association or Comité de parents organized at the school, no more than one voting member who shall be a parent of a student enrolled in the school, to be appointed by the Home and School Association or Comité de parents, as the case may be; and

(f) the principal, who is, by virtue of that position, a non-voting member.

73( 2) Subject to subsection (3), the number of members of a parent school support committee referred to in subsection (1) shall be determined in accordance with the policies and guidelines of the Minister.

73( 3) The majority of the voting members of a parent school support committee shall be

(a) parents of students enrolled in the school, or

(b) persons nominated by parents of students enrolled in the school as representatives of those parents.

73( 4) The principal of the school shall participate in all meetings of the parent school support committee.

73( 5) Despite subsection (2), the education entity may

(a) in circumstances prescribed by regulation, provide for the transfer of members from one parent school support committee to another parent school support committee, and

(b) when necessary in order to give effect to paragraph (a), permit the size of the parent school support committee to which the members are transferred to exceed the maximum size permitted under subsection (1).

Eligibility for parent school support committees

74( 1) A member of a parent school support committee elected under paragraph 73(1)(a) shall be the parent of a student enrolled in the school.

74( 2) Except as provided for in paragraph 73(1)(b), school personnel who are employed at a school are not eligible to be elected or appointed to or to serve as a member of the parent school support committee for that school.

Division G

Student Councils

Constitution of student councils

75( 1) A student council shall be constituted for each school where a high school program is provided.

75( 2) A student council shall conduct its affairs in the official language of the school.

Powers and duties of student councils

76 A student council shall have the following powers and duties:

(a) to engage the student population in the identification of

( i) the needs of students and the school community, and

( ii) the establishment of priorities for learning;

(b) to organize school activities and promote student participation in those activities;

(d) to establish priorities for the student council based on the needs and objectives of the students;

(e) to advise the principal and the parent school support committee on the needs of students;

(f) to communicate information or concerns to the principal, the parent school support committee, the district education council or the education entity;

(g) to study any matter related to education as directed by the Minister or on its own initiative;

(h) to participate, at least once each year, in a meeting with the district education council and the parent school support committee;

(i) to prepare an annual report on its expenditures, activities and achievements;

(j) to submit the annual report to the principal in the time determined by the principal; and

(k) to exercise any other powers or perform any other duties authorized or required by this Act or the regulations.

Composition of student councils

77( 1) A student council shall consist of no more than 15 voting members who are students of the school, to be elected by students of the school in accordance with the regulations, if any, and the policies and guidelines of the Minister.

77( 2) The number of members of a student council referred to in subsection (1) shall be determined by the students of the school in accordance with the policies and guidelines of the education entity.

PART 4

EDUCATIONAL PLANNING AND REPORTING

District education plans

78( 1) An education entity shall prepare a five-year district education plan.

78( 2) A district education plan shall be consistent with the provincial education plan and shall include

(a) a vision, including a mission statement, goals and values,

(b) a strategy respecting the delivery and evaluation of educational programs and services in the district, including priorities, objectives and a work plan,

(c) accountability measures for evaluating student achievement, monitoring district performance and monitoring the achievement of strategic objectives,

(d) strategies to ensure the preservation and promotion of the official language and culture of the education entity, and

(e) any other matter prescribed by regulation.

78( 3) When preparing or amending a district education plan, the education entity

(a) shall consider the school improvement plan and school performance report for each of its schools,

(b) shall consult with members of the school community

( i) to identify the educational needs of the population,

( ii) to identify the need for educational services,

( iii) to establish the priorities for the delivery of public education, and

( iv) to determine whether educational needs are being met,

(d) may consult with any persons or government departments and agencies.

78( 4) An education entity shall submit its district education plan to the Minister for approval on or before July 1 of each year.

78( 5) A district education plan, and all amendments to it, shall be submitted to the Minister in accordance with the procedures established by the Minister.

78( 6) A district education plan has no force and effect until it is approved by the Minister.

78( 7) As soon as the circumstances permit after it has been approved by the Minister, a district education plan shall be published by the education entity on its website.

78( 8) The education entity and the Minister shall monitor, evaluate and report on a district education plan.

District performance reports

79( 1) An education entity shall prepare the following reports, containing the information determined by the Minister:

(a) a district performance report; and

(b) a report on positive learning and working environment plans.

79( 2) An education entity shall submit the reports to the Minister within the time determined by the Minister.

79( 3) As soon as the circumstances permit, the reports shall be published by the education entity on its website.

Positive learning and working environment plans

80( 1) A principal shall, in consultation with the parent school support committee, prepare a positive learning and working environment plan for the school each year.

80( 2) A positive learning and working environment plan shall be consistent with the provincial education plan and the district education plan and shall include

(a) strategies and practices to promote respectful conduct and a positive and inclusive social climate for all students and school personnel,

(b) strategies and programs to prevent disrespectful behaviour or misconduct,

(c) policies and practices to address disrespectful behaviour or misconduct in a timely manner and in a way that teaches and reinforces respect for others,

(d) appropriate support strategies for students participating in disrespectful behaviour and students who have been affected by the disrespectful behaviour of others, and

(e) any other matter prescribed by regulation.

80( 3) When preparing or amending a positive learning and working environment plan, a principal

(a) shall consult with the school community to identify the needs of the school population, and

(b) may, at the discretion of the education entity, consult with any persons or government departments and agencies.

80( 4) The principal shall publish its positive learning and working environment plan on the school website as soon as the circumstances permit.

Annual report of an education entity

81( 1) On or before December 1 of each year, an education entity shall prepare an annual report for the previous school year, containing the following information:

(a) statistical and financial information relating to the education entity and its management of public funds;

(b) information relating to the educational performance of the students in the district, including the progress made in improving public education and student achievement;

(d) its goals and objectives for the next year; and

(e) any other information required by the Minister.

81( 2) An education entity shall submit the annual report to the Minister within the time determined by the Minister.

81( 3) As soon as the circumstances permit, an annual report shall be published

(a) by the education entity on its website, and

(b) by the Minister on the Department of Education and Early Childhood Development website.

Information provided to the Minister

82( 1) An education entity shall provide to the Minister, at the times determined by the Minister, the information, including personal information, that the Minister considers necessary.

82( 2) The Minister may require that the information systems and data standards specified by the Minister be used by education entities and in schools if, in the opinion of the Minister, they are required to facilitate information sharing, data transfer, technical support and reporting requirements.

82( 3) The Minister may use and disclose personal information obtained under this section for the purpose of delivering public education.

PART 5

SCHOOLS

Establishment of schools

83( 1) An education entity may, with the approval of the Minister, establish schools for the purpose of providing public education.

83( 2) An education entity shall determine the general location in its district in which to locate a school established under subsection (1).

83( 3) All schools established under this section are to be non-sectarian.

83( 4) A school in existence on the commencement of this section shall be deemed to have been established by the education entity that is responsible for the schools in the district where that school is located.

Operation of schools

84 Subject to the regulations and in accordance with the regulations, a superintendent, on behalf of an education entity, shall operate all schools established by the education entity under section 83.

Closure of schools

85( 1) The Minister, after the education entity has provided an opportunity for public consultation, may close a school in the anglophone sector.

85( 2) A district education council, in accordance with the policies and guidelines of the Minister, may close a school in the francophone sector with the approval of the Minister.

Local programs and services

86 Subject to the approval of the Minister and in accordance with the policies and guidelines of the Minister, the needs of the students and the resources of the education entity, an education entity may

(a) provide for the development and delivery of educational programs, services and courses that reflect the character and economy of the community, and

(b) select, from among the optional programs, services and courses approved by the Minister, those to be offered in each school in the district.

School procedures and rules

87( 1) A principal may establish procedures and rules not inconsistent with the policies and guidelines established by the Minister or the policies and procedures established by the education entity in matters relating to the authority granted to the principal under this Act and the regulations.

87( 2) A procedure or rule established under this section shall be published by the principal on the school website as soon as the circumstances permit.

School improvement plans

88( 1) A principal shall prepare a school improvement plan in consultation with the parent school support committee, the student council, the school personnel and the school community, which shall be consistent with the provincial education plan and the district education plan.

88( 2) A school improvement plan may include the school mission and strategies in relation to

(a) establishing school guidelines related to education, language and culture,

(b) ensuring the language and culture of the school preserve and promote the official language and culture of the education entity,

(c) establishing communication between the school and families residing in the district and encouraging family involvement in the school,

(d) establishing partnerships with the community to improve the quality of learning at the school,

(e) developing a school climate and conditions to improve the quality of learning and teaching at the school,

(f) establishing a positive student climate at the school,

(g) improving school property and facilitating use of school property by the public, and

(h) any other matter prescribed by regulation.

88( 3) When preparing or amending a school improvement plan, a principal

(a) shall consult with members of the school community in accordance with the regulations

( i) to identify the educational needs of the population,

( ii) to identify the need for educational services,

( iii) to establish the priorities for the delivery of public education, and

( iv) to determine whether educational needs are being met, and

(b) may consult with any persons or government departments and agencies.

88( 4) The goals and objectives of the school improvement plan, and any amendments to the goals and objectives, shall be submitted to the parent school support committee for approval.

88( 5) Subject to the approval of the parent school support committee under subsection (4), a school improvement plan, and any amendments to it, shall be submitted to the education entity for approval in accordance with the regulations and within the time prescribed by regulation.

88( 6) A school improvement plan has no force or effect until approved by the education entity.

88( 7) As soon as the circumstances permit after it has been approved by the education entity, a school improvement plan shall be

(a) published by the principal on the school website,

(b) communicated by the principal to the parent school support committee, parents of students enrolled in the school and the school community, and

88( 8) A school improvement plan shall be subject to any requirements prescribed by regulation.

88( 9) A principal shall coordinate, monitor and evaluate the implementation of the school improvement plan.

School performance reports

89( 1) A principal shall prepare a school performance report containing the information prescribed by regulation.

89( 2) A school performance report, and all amendments to it, shall be submitted to the education entity for approval in accordance with the regulations and within the time prescribed by regulation.

89( 3) As soon as the circumstances permit after it has been approved by the education entity, a school performance report shall be

(a) published by the education entity on its website,

(b) published by the principal on the school website,

(d) submitted by the principal to the Minister.

School property

90( 1) All school property is vested in the Minister.

90( 2) An education entity shall, at all times, have management, care and control of all school property in the district, until the school property is declared surplus by the education entity.

90( 3) The Minister

(a) shall determine the sites of schools, district offices and any other building determined by the Minister as necessary for the operation of an education entity,

(b) shall determine the physical standards for a safe school facility and the public health standards for a healthy school environment,

(d) may construct and furnish any building referred to in paragraph (a), and

(e) with the approval of the Lieutenant-Governor in Council, may grant a lease, sell or otherwise dispose of any lands or buildings acquired under this Act.

90( 4) Subject to the Financial Administration Act, personal property that is surplus or no longer suitable for school use shall be disposed of according to instructions issued by the Minister.

Transportation and lodging

91 Subject to the Motor Vehicle Act and applicable policies, guidelines, procedures or directives, the superintendent, in accordance with the regulations,

(a) shall make arrangements for the transportation of students,

(b) may make arrangements for the transportation of persons other than students, and

PART 6

FINANCIAL MATTERS

Division A

Funding

Division of financial resources between linguistic sectors

92( 1) The financial resources voted by the Legislative Assembly for school operations shall be allocated by the Minister on an equitable basis between the anglophone sector and the francophone sector.

92( 2) The equitable division of financial resources shall seek to ensure that each of the education sectors has an equivalent standard of education, taking into account the needs and particular circumstances of each education sector.

Authority of the Minister to retain and expend funds

93( 1) The Minister may retain from year to year and expend, in the manner and for the purposes that the Minister considers appropriate, the sums of money that are

(a) earned by the Minister from sources specified by regulation,

(b) realized from the disposal of surplus school property by the Minister in accordance with the Financial Administration Act or any regulation under that Act,

(d) received by the Minister by way of gift.

93( 2) The Minister may retain from year to year and expend, in accordance with the terms of the trust, the sums of money that are received by the Minister in trust for specific purposes.

Funding

94 The Minister shall provide funding to education entities for the purposes of this Act out of money appropriated by the Legislature for those purposes.

Budgets and expenditures

95( 1) The Minister shall provide annually to each education entity a budget for its operation.

95( 2) The Minister may

(a) revise the budget under subsection (1), and

(b) establish policies and guidelines respecting the expenditure of the budget under subsection (1) or any revision of the budget under paragraph (a).

95( 3) An education entity may expend

(a) in accordance with any policies or guidelines established by the Minister under paragraph (2)(b), the sums of money that are provided in the budget under subsection (1) or any revision of the budget under paragraph (2)(a),

(b) the additional sums of money derived from fees for the education of international students under section 99,

(c) subject to the terms of an agreement under subsection 100(3), the additional sums of money derived from fees for the education of recruited international students under that subsection,

(d) subject to the terms of an agreement under section 140, the additional sums of money received for the education of Mi’kmaq or Wolastoqey students under that section,

(e) in accordance with the regulations, any additional sums of money that are

( i) earned by the education entity under this Act or from sources prescribed by regulation,

( ii) awarded to the education entity, or

( iii) received by the education entity by way of gift, and

(f) subject to the regulations, if any, and in accordance with the terms of the trust, any sums of money that are received by the education entity in trust for specific purposes.

95( 4) The sums of money provided in the budget under subsection (1), or any revision of the budget under paragraph (2)(a), are to be drawn out of the Consolidated Fund by the education entity in accordance with the Financial Administration Act.

95( 5) The financial accounts and records of an education entity shall be maintained on the financial accounting system provided and supported by the Province.

95( 6) The Minister may examine the financial accounts and records of an education entity referred to in subsection (5).

95( 7) An education entity may hold only the bank accounts that have been approved by the Minister of Finance and Treasury Board.

95( 8) An education entity shall expend only the sums of money referred to in subsection (3) and shall not borrow money from external sources.

95( 9) Despite the Financial Administration Act, an education entity may, subject to the regulations, retain from year to year a budgetary surplus that the education entity has realized in its operations and any additional sums of money referred to in subsection (3).

Division B

Other Sources of Income

Community use of school property

96( 1) For any purposes prescribed by regulation and to the extent possible, an education entity shall, subject to the requirements prescribed by regulation, if any, make school property available for use by community groups or other persons or organizations.

96( 2) If a fee is charged for the use of school property under subsection (1), the education entity may retain and expend the fee in accordance with the regulations.

96( 3) For the purposes of this Act, the authorization of the use of school property under subsection (1) is not a lease.

96( 4) If the Minister leases property for school purposes and the owner retains the right to make the property available for the use of third parties when the property is not required for school purposes, all fees paid to the owner for the use may be retained by the owner unless otherwise provided for in the lease.

Community use of school vehicles

97( 1) For any purposes prescribed by regulation, and subject to the requirements prescribed by regulation, if any, an education entity may make school vehicles available for use by community groups or other persons or organizations.

97( 2) Subject to the regulations and in accordance with the regulations, if a fee is charged for the use of a school vehicle under subsection (1), the education entity may retain and expend the fee.

Fees for services and programs

98( 1) An education entity may provide, in accordance with the regulations, the following services and programs:

(a) a cafeteria;

(b) an early learning and childcare centre;

(d) student activities; and

(e) any other services and programs prescribed by regulation.

98( 2) Subject to subsection (3), the education entity may fix, impose and collect fees payable for any service or program offered in or in respect of a school.

98( 3) The education entity shall not fix fees referred to in section 99 or 100.

98( 4) If a fee is charged for the provision of a service or program under subsection (1), the education entity may retain and expend the fee in accordance with the regulations.

98( 5) The Regulations Act does not apply to an instrument that fixes fees under the authority of subsection (2).

International students

99( 1) An education entity may charge international students a tuition fee calculated in accordance with the regulations.

99( 2) In addition to the tuition fee, the education entity may charge international students

(a) an administration fee not greater than the amount prescribed by regulation,

(b) an orientation fee prescribed by regulation if the education entity offers an orientation program for international students, and

99( 3) Subsections (1) and (2) do not apply to an international student who is a participant in an educational exchange program under which a New Brunswick student attends a school outside Canada without a fee.

99( 4) If an international student attends school in the Province for less than a complete school year, the education entity may reduce the tuition fee charged under subsection (1) in proportion to the part of the school year the international student is not in attendance.

99( 5) Despite anything in this section or the Financial Administration Act, all or part of the fees payable under this section may be collected, retained or distributed by the education entity.

Recruited international students

100( 1) With the consent of the Lieutenant-Governor in Council, the Minister may designate agents of the Crown with the objective of recruiting persons of school age to attend school in the Province as recruited international students.

100( 2) Designated agents of the Crown may

(a) collect fees from a recruited international student, and

(b) provide school privileges to a recruited international student.

100( 3) Despite the Financial Administration Act, all or part of the fees payable under this section may be collected, retained or distributed in accordance with the terms of an agreement between the Minister and an agent of the Crown referred to in subsection (1).

Sales agent

101( 1) With the consent of the Lieutenant-Governor in Council, the Minister may designate agents of the Crown with the objective of selling educational programs, services and materials.

101( 2) Designated agents of the Crown may collect from buyers amounts for the sale of educational programs, services and materials.

101( 3) Despite the Financial Administration Act, all or part of the amounts payable under this section may be collected, retained or distributed in accordance with the terms of an agreement between the Minister and an agent of the Crown referred to in subsection (1).

Recruitment and sales

102 The same agent of the Crown may be designated under sections 100 and 101.

Division C

Financial Planning and Reporting

District expenditure plans

103( 1) An education entity shall prepare a district expenditure plan.

103( 2) A district expenditure plan shall contain a budget that contains an estimate of the amount of money required for the operation of the education entity during the next fiscal year and any other information prescribed by regulation.

103( 3) The education entity shall submit its district expenditure plan to the Minister on or before July 1 of each year.

103( 4) The education entity shall implement and monitor its district expenditure plan.

Financial information

104 An education entity shall provide to the Minister any financial information that is required by the Minister within the time determined by the Minister.

Examination of accounts

105( 1) If the Comptroller performs an examination of accounts under section 15 or 16 of the Financial Administration Act in relation to the operation of an education entity, the Comptroller shall prepare a report on the results of the examination for submission to the Minister and the education entity.

105( 2) After receipt of the report on the results of the examination, the education entity shall present the report to the public, as soon as the circumstances permit, at an official meeting of the district education council.

Application of legislation

106 Unless otherwise specifically provided for in this or any other Act of the Legislature or in any regulation under this or any other Act of the Legislature, an education entity is subject to those provisions of the Financial Administration Act, the Procurement Act and the regulations under those Acts that apply to the Department of Education and Early Childhood Development, and those provisions apply to an education entity with the necessary modifications.

PART 7

ADMINISTRATION

Division A

School Personnel

School personnel

107( 1) Subject to the regulations, if any, a superintendent shall appoint the school personnel that are required to operate the district office of an education entity in accordance with a plan of establishment authorized by the Minister.

107( 2) Subject to the regulations, if any, a superintendent shall appoint the school personnel that are required to operate the schools in the district.

107( 3) The Minister, an education entity and a superintendent may, for the purpose of the management or administration of school personnel, collect, use and disclose their personal information.

Employment and salary

108( 1) School personnel appointed in accordance with section 107 are employed in Part 2 of the public service of the Province as specified in the First Schedule of the Public Service Labour Relations Act.

108( 2) The salary scales for all personnel referred to in subsection (1) shall be those established by the Treasury Board under the Financial Administration Act.

108( 3) An education entity shall pay as salary to the personnel referred to in subsection (1) only those amounts specified in the salary scales established under subsection (2).

Review of disciplinary action

109( 1) Subject to subsection (2), when a superintendent has taken disciplinary action against a member of the school personnel, the member may request that the superintendent reconsider the decision with respect to disciplinary action by applying to the superintendent in writing within ten days after receiving notice of the decision.

109( 2) Subsection (1) does not apply to matters in relation to which the member of the school personnel may, under a collective agreement, present a grievance to the employer or refer the grievance to adjudication.

109( 3) Following a reconsideration of a decision under subsection (1), the superintendent shall confirm or vary the decision and shall notify the member of the school personnel in writing within 15 days after receiving the request for reconsideration or within a longer period if agreed to by the member.

Terms and conditions of employment of a teacher

110 The terms and conditions of employment of a teacher set out in a collective agreement that is in force and negotiated under the Public Service Labour Relations Act and agreed on by the Province of New Brunswick as represented by Treasury Board and a bargaining agent representing the teachers may not be altered by any regulation made under this Act.

Division B

Teacher Education and Certification

Teacher education

111 The Minister

(a) shall provide for a system of teacher education,

(b) may enter into an agreement with any university providing for the establishment, maintenance and conduct of teacher education programs by the university, on the terms and conditions agreed on by the Minister and the university, and

(c) may make schools available for the practice teaching component of a teacher education program established under any agreement entered into under paragraph (b).

Teacher certification

112 The Minister shall provide a system of teacher certification for the purposes of establishing certification standards and for the issuance, conversion, suspension, revocation and reinstatement of teachers’ certificates.

Appointment of Registrar

113 The Minister shall appoint an employee of the Department of Education and Early Childhood Development as Registrar.

Teacher’s certificates

114( 1) In this section, “conditional teacher’s certificate” means a teacher’s certificate that is valid subject to the fulfillment of the conditions specified by the Registrar or the Appeal Board, as the case may be. (certificat d’enseignement assorti de conditions)

114( 2) The Registrar may issue a teacher’s certificate to an applicant.

114( 3) The Registrar may, for cause

(a) issue a conditional teacher’s certificate to an applicant, or

(b) refuse to issue a teacher’s certificate to an applicant.

114( 4) The Registrar may for cause, as the Registrar considers appropriate in the circumstances,

(a) convert a teacher’s certificate to a conditional teacher’s certificate,

(b) suspend a teacher’s certificate for a definite period not to exceed one year,

(c) suspend a teacher’s certificate for an indefinite period until the conditions specified by the Registrar at the time of the suspension have been met,

(d) suspend a teacher’s certificate for an indefinite period pending review and decision by the Appeal Board,

(e) revoke a teacher’s certificate for a definite period not to exceed 10 years, or

(f) permanently revoke a teacher’s certificate.

Prior notice of action

115( 1) If the Registrar intends to take an action under subsection 114(4) or to refer a matter to the Appeal Board under subsection 119(4), the Registrar shall, at least 30 days before acting, make reasonable efforts to

(a) notify the affected person of the Registrar’s intention to act with reasons and of the opportunity to make written representations to the Registrar, and

(b) provide the affected person with copies of all relevant documents on which the Registrar intends to rely.

115( 2) An affected person referred to in subsection (1) may make written representations for the consideration of the Registrar within 30 days after receiving the notice.

Suspension or revocation

116( 1) A person whose teacher’s certificate has been suspended or revoked under subsection 114(4) shall not teach in a school during the period of suspension or revocation, as the case may be.

116( 2) A teacher’s certificate suspended under paragraph 114(4)(b) is automatically reinstated on the expiry of the period of suspension.

116( 3) A teacher’s certificate suspended under paragraph 114(4)(c) shall be reinstated once the Registrar is satisfied that the conditions specified by the Registrar at the time of the suspension have been met.

116( 4) A teacher’s certificate suspended under paragraph 114(4)(d) shall be reinstated, converted to a conditional teacher’s certificate, suspended or revoked in accordance with the decision of the Appeal Board.

116( 5) A person whose teacher’s certificate has been revoked under paragraph 114(4)(e) may, after the expiry of the period of revocation, apply to the Registrar, in accordance with the regulations and subject to the same requirements that exist for new applicants, for the issuance of a new teacher’s certificate.

Notice of action

117( 1) If the Registrar acts under subsection 114(3) or (4), the Registrar shall immediately make reasonable efforts to notify the affected person in writing

(a) of the decision of the Registrar, and

(b) subject to subsection 119(3), of the right to appeal the decision under section 119.

117( 2) If the Registrar acts under subsection 114(3) or (4), the Registrar shall notify the Minister as soon as the circumstances permit.

Not disciplinary action

118 A decision of the Registrar under this section does not constitute disciplinary action for the purposes of the Public Service Labour Relations Act and is not subject to grievance or adjudication under that Act or a collective agreement under that Act.

Division C

Appeal Board on Teacher Certification

Establishment of Appeal Board

119( 1) There is constituted an Appeal Board on Teacher Certification consisting of the persons appointed by the Lieutenant-Governor in Council in accordance with the regulations.

119( 2) Subject to subsection (3), a person affected by a decision of the Registrar under section 114 may, by notice in writing, appeal the decision to the Appeal Board.

119( 3) A decision of the Registrar under paragraph 114(4)(b) to refuse to issue a teacher’s certificate may not be appealed if the grounds for the refusal relate to insufficient credentials for certification.

119( 4) The Registrar may refer a matter under paragraph 114(4)(d) or any other matter relating to the issuance, conversion, suspension and revocation of teachers’ certificates to the Appeal Board for review and decision.

Authority of Appeal Board

120( 1) The Appeal Board shall hear, determine or otherwise deal with any matter appealed to it under subsection 119(2) or referred to it under subsection 119(4) and may confirm, vary or revoke the decision of the Registrar under section 114 or otherwise dispose of the matter referred to it.

120( 2) The Appeal Board may at any time, when it considers it advisable to do so, on application or of its own motion, reconsider any decision made by it and may vary or revoke the decision.

120( 3) The Appeal Board and each member and alternate member have all the powers, privileges and immunities conferred on a commissioner under the Inquiries Act.

120( 4) The Appeal Board may receive and accept any evidence and information on oath, solemn affirmation, affidavit or otherwise that it in its discretion considers fit and proper, whether admissible as evidence in a court or not.

120( 5) The Appeal Board may make rules governing its procedure.

Registry – suspended and revoked teacher’s certificates

121( 1) The Registrar shall establish and maintain a registry of the names of any persons whose teacher’s certificate has been suspended or revoked under subsection 114(4).

121( 2) Despite the Right to Information and Protection of Privacy Act, if a teacher’s certificate is suspended or revoked, the Registrar shall publish on the Department of Education and Early Childhood Development website

(a) the name of the affected person,

(b) the registration number assigned to the teacher’s certificate,

(d) any other information prescribed by regulation.

121( 3) A publication under subsection (2) shall not be made until after the matter is dealt with by the Appeal Board under subsection 120(1) or after the expiry of the appeal period prescribed by regulation.

Disclosure to other registrars

122( 1) Despite the Right to Information and Protection of Privacy Act, the Registrar may disclose to the registrar of any other province or territory in Canada information with respect to

(a) a decision of the Registrar under subsection 114(4), and

(b) a decision of the Appeal Board under subsection 120(1) or (2).

122( 2) A disclosure under subsection (1) may include the following information:

(a) the name, including any former names, and date of birth of the affected person;

(b) the registration number assigned to the teacher’s certificate;

(d) the action taken by the Registrar with reasons; and

(e) any other information prescribed by regulation.

Division D

Protection of Students

Mandatory reporting of non-professional conduct

123( 1) The following definitions apply in sections 123 to 128.

“administrative proceedings” means hearings before an adjudicator under the Public Service Labour Relations Act and hearings before the Appeal Board. (instance administrative)

“professional person” means a professional person as defined in subsection 30(10) of the Family Services Act. (personne professionnelle)

“serious professional misconduct” means conduct engaged in by school personnel or a superintendent that has or is likely to have an injurious effect on the physical, mental, social or emotional well-being of a student or any other person under 19 years of age, including, but not limited to, physical, psychological or sexual abuse and sexual exploitation. (inconduite professionnelle grave)

123( 2) If a member of the school personnel has been charged with or convicted of an offence under the Criminal Code (Canada), the member of the school personnel shall notify the superintendent as soon as the circumstances permit.

123( 3) If a superintendent has been charged with or convicted of an offence under the Criminal Code (Canada), the superintendent shall notify, as soon as the circumstances permit

(a) the Minister, in the case of a superintendent appointed under subsection 45(1), or

(b) the chair of the district education council, in the case of a superintendent appointed under subsection 55(1).

123( 4) As soon as the circumstances permit, a superintendent shall report to the Minister and, in the case of a teacher, the Registrar, the name of any member of the school personnel

(a) who has been convicted of an offence under the Criminal Code (Canada),

(b) who the superintendent has reasonable grounds to believe has engaged in conduct constituting serious professional misconduct,

(c) who, in the case of a teacher, the superintendent has reasonable grounds to believe has committed an act that may be grounds for the suspension or revocation of the teacher’s certificate, or

(d) who is seeking to resign or against whom disciplinary action is being contemplated because of serious professional misconduct or alleged serious professional misconduct.

123( 5) A member of the school personnel shall immediately report to the superintendent the name of any member of the school personnel who the member has reasonable grounds to believe has engaged in serious professional misconduct.

123( 6) If a member of the school personnel has reasonable grounds to believe that a superintendent has engaged in serious professional misconduct, the member shall immediately report the name of the superintendent

(a) to the Minister, in the case of a superintendent appointed under subsection 45(1), or

(b) to the chair of the district education council, in the case of a superintendent appointed under subsection 55(1).

123( 7) A professional person who is not a member of the school personnel shall immediately report to the Minister the name of any member of the school personnel or a superintendent who the person has reasonable grounds to believe has engaged in serious professional misconduct.

123( 8) This section applies even though the person who is making the report has acquired the information through the discharge of the person’s duties or within a confidential relationship.

123( 9) A person who fails to comply with subsection (2), (3), (4), (5), (6) or (7) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

123( 10) No action, application or other proceeding lies for damages or otherwise against a person in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the execution or intended execution of the duty to report under this section.

123( 11) Except in the course of judicial or administrative proceedings, no person shall reveal the identity of a person who has given information under this section without that person’s written consent.

123( 12) A person who violates subsection (11) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.

Disciplinary action re serious professional misconduct

124( 1) No disciplinary action may be taken against, and no resignation may be accepted from, a member of the school personnel or a superintendent as a result of serious professional misconduct or alleged serious professional misconduct, nor is an agreement in relation to the disciplinary action or resignation valid, without the prior approval of the Minister.

124( 2) The Minister may, prior to any disciplinary action being taken against a person referred to in subsection (1), take any action the Minister considers appropriate if, in the opinion of the Minister, a matter reported to the Minister under this section

(a) has been inadequately investigated, or

(b) may result in inappropriate disciplinary action against the person.

124( 3) Despite any provision in any collective agreement under the Public Service Labour Relations Act, any information maintained in the personnel file of a person referred to in subsection (1) with respect to a resignation or disciplinary action taken in relation to serious professional misconduct shall not be removed.

False allegations

125 A person who knowingly makes a false allegation of serious professional misconduct or provides false information with regard to an allegation of serious professional misconduct commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

Investigation of serious professional misconduct

126( 1) The Minister shall appoint a person as an investigator to conduct investigations with respect to allegations of serious professional misconduct.

126( 2) The Minister shall issue to an investigator a certificate of appointment bearing the Minister’s signature or a facsimile of it.

126( 3) An investigator who exercises powers under this Act or the regulations shall produce the certificate of appointment when requested to do so.

126( 4) A superintendent shall report to the investigator any allegation of serious professional misconduct and shall provide to the investigator any information relating to the allegation that is available to the superintendent.

126( 5) The investigator shall

(a) conduct an investigation with respect to the reported allegation, and

(b) report the findings of the investigation and make recommendations

( i) in the case of an allegation against school personnel, to the Minister and the superintendent,

( ii) in the case of an allegation against a superintendent appointed under subsection 45(1), to the Minister,

( iii) in the case of an allegation against a superintendent appointed under subsection 55(1), to the Minister and the chair of the district education council, and

( iv) in the case of an allegation against a teacher, to the Registrar.

126( 6) During an investigation under this section, the investigator may

(a) require to be produced for inspection, or for the purpose of obtaining copies or extracts, any record or document relevant to the investigation,

(b) make those examinations and inquiries of any person that the investigator considers necessary, and

126( 7) Subject to the regulations, if any, an investigation under this section shall be conducted in accordance with the policies and guidelines established by the Minister relating to investigations with respect to allegations of serious professional misconduct.

126( 8) A statement, declaration, record or document made or given by a person at the request of an investigator in the course of an investigation is confidential and may only be disclosed by the investigator in accordance with this section.

126( 9) A person who obstructs or interferes with an investigator appointed under subsection (1) who is conducting or attempting to conduct an investigation commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

Review of findings

127( 1) A person against whom a finding of serious professional misconduct is made by the investigator may request that the Minister review the finding by applying to the Minister in writing within ten days after receiving notice of the finding.

127( 2) If a request for a review is made under subsection (1), the Minister shall notify the superintendent and, in the case of an allegation against a teacher, the Registrar as soon as the circumstances permit.

127( 3) Following a review of a finding of serious professional misconduct, the Minister shall confirm or vary the finding.

127( 4) The Minister shall notify the affected person in writing of the confirmation or variation of the finding within 15 days after receiving the request for review or within a longer period if agreed to by the affected person.

Registry – serious professional misconduct

128( 1) The Minister shall establish and maintain a registry of the names of persons who have been found to have engaged in serious professional misconduct after investigations conducted under section 126 and of the findings of the investigations.

128( 2) If a person is found to have engaged in serious professional misconduct, the Minister shall publish on the Department of Education and Early Childhood Development website

(a) the name of the person,

(b) the education entity and the school where the person is employed,

(c) the date the allegation was made and the date the findings were reported to the superintendent or the Minister, as the case may be, and, in the case of a teacher, the Registrar,

(d) the action taken by the superintendent and the Registrar, if applicable, with reasons, and

(e) any other information prescribed by regulation.

128( 3) A publication under subsection (2) shall not be made until after a review has been conducted under section 127 or after the expiry of the review period referred to in that section.

Minister may prohibit entry to a school

129 If a person volunteering at a school or a person who performs work for or supplies services to a school engages in conduct that has or is likely to have an injurious effect on the physical, mental, social or emotional well-being of a student or any other person under 19 years of age, including physical, psychological or sexual abuse and sexual exploitation, sections 126 to 128 apply with the necessary modifications and the Minister may prohibit the person from entering a school.

PART 8

GENERAL

Division A

Personal Information

Unique identification number

130( 1) The Minister and a superintendent, on behalf of an education entity, may collect and use an individual’s Medicare number for the purpose of creating a unique identification number for a student.

130( 2) The Minister and a superintendent, on behalf of an education entity, may use the unique identification number created for a child under the Early Childhood Services Act as the unique identification number for a student.

130( 3) The Minister and a superintendent, on behalf of an education entity, may disclose to the Minister of Health an individual’s Medicare number for the purpose of validating the unique identification number for a student.

130( 4) The unique identification number of a student forms part of the record maintained in respect of the student under section 131.

Student records

131( 1) A record shall be maintained in respect of each student in accordance with the regulations and may contain personal information.

131( 2) The Minister and a superintendent, on behalf of an education entity, may use and disclose personal information contained in the record maintained in respect of a student for the purpose of delivering public education.

131( 3) For the purpose of conducting elections under this Act and the regulations for district education councils, parent school support committees or student councils, the Minister and a superintendent, on behalf of an education entity, may use and disclose the following personal information contained in the record maintained in respect of a student:

(a) the name and address of the student;

(b) the name and address of the parent of the student;

(d) any other information prescribed by regulation.

131( 4) Subject to subsections (5) and (7), a student or their parent is entitled to access to the record maintained in respect of the student.

131( 5) If a student is 19 years of age or older, a parent of the student is not entitled to access any record maintained in respect of the student without the consent of the student.

131( 6) If a superintendent considers it necessary, the superintendent shall explain or interpret the information disclosed in a record to a person who is provided access to the record in accordance with subsection (4).

131( 7) If a superintendent considers that access to a record maintained in respect of a student may be detrimental to the well-being or development of the student or to the educational opportunities for the student, the superintendent may

(a) deny access to the record, and

(b) describe or interpret the content of the record or the portion of the record that the superintendent does not consider would be detrimental to the well-being or development of the student or to the educational opportunities for the student.

131( 8) If a superintendent, having denied a person access to a record in accordance with paragraph (7)(a), does not consider it appropriate to describe or interpret any of the contents of the record in accordance with paragraph (7)(b), the superintendent shall make known to that person, at the time of the denial, the existence and general nature of the record.

131( 9) A person who has been denied access to any record in accordance with paragraph (7)(a) may, in accordance with the regulations, appeal the denial to the Minister.

131( 10) A person who has been denied access to any record in accordance with paragraph (7)(a) is, despite the denial, entitled to make inquiries to the superintendent and to be provided general verbal information by the superintendent in relation to the educational progress of the student.

131( 11) A superintendent shall make a decision under this section in accordance with any policies or guidelines of the Minister.

Confidentiality of tests and test items

132 The Minister or a superintendent may, when requested to release or give access to tests or test items, refuse the request if, in the opinion of the Minister or the superintendent, as the case may be, the integrity of the assessment or evaluation process would be jeopardized by the release or access.

Conflict with the Right to Information and Protection of Privacy Act

133( 1) If section 123, 125, 126, 127, 128 or 129 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, the above-mentioned section prevails.

133( 2) If section 131 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 131 prevails, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of

(a) a common or integrated service, program or activity of a public body referred to in that Act, and

(b) the agreements entered into under section 47.1 of that Act.

Division B

Conduct of Governance Bodies

Investigation of education entity or school

134( 1) For the purpose of ensuring compliance with this Act and the regulations, the Minister may appoint a person to investigate and inquire into

(a) any matter connected with the management, administration or operation of an education entity or school, including the financial, administrative, safety or educational condition of the education entity or school, or

(b) matters relating to the effectiveness of instruction being provided when an application for exemption from school attendance is requested or has been granted under subsection 18(2).

134( 2) A person appointed under subsection (1)

(a) has, if the appointment so provides, all the powers, privileges and immunities conferred on a commissioner under the Inquiries Act,

(b) shall, on request, be provided access to and may examine any relevant records or documents or property,

(c) may make copies of any relevant records or documents and for that purpose may remove records or documents from any premises and shall return them to those premises as soon as the circumstances permit after the making of the copies, and

(d) shall report the results of their investigation and inquiry to the Minister.

134( 3) On receipt of a report under paragraph (2)(d), the Minister may require an education entity to take the action that the Minister considers necessary to meet the responsibilities of the education entity under this Act or the requirements imposed by the Minister under this Act.

Conflict of interest

135 Each superintendent, employee of an education entity, councillor of a district education council and member of a parent school support committee shall comply with the provisions respecting conflict of interest prescribed by regulation.

Conduct of councillors and members

136 Every councillor of a district education council, member of a parent school support committee and member of an advisory body shall

(a) exercise their powers and perform their duties under this Act in good faith,

(b) comply with this Act and the regulations, and

Division C

Legal Matters

Notice of proceedings

137( 1) When an education entity sues or is sued, or is named in a complaint under the Human Rights Act and is alleged to have violated that Act, and the Minister is not a party to the action or named in the complaint, the education entity shall immediately notify the Minister of the action or the complaint.

137( 2) When the Minister is notified of an action or complaint under subsection (1), the Minister may intervene in the action or complaint if, in the opinion of the Minister, the action or complaint

(a) might affect the Minister or the Province, or

(b) might have implications that would extend beyond the named education entity.

Authority to indemnify and defend

138 On the terms and conditions that the Minister considers appropriate, the Minister may indemnify and defend

(a) councillors or former councillors of a district education council, members or former members of the Appeal Board, school district, parent school support committee, student council or advisory body and student teachers in respect of any claim for damages or otherwise arising from any act done or omitted in good faith in the execution or intended execution of any duty or authority under this Act or the regulations, and

(b) volunteers or former volunteers, in respect of any claim for damages or otherwise arising from any act done or omitted in good faith in the execution or intended execution of any instruction on behalf and with the knowledge and consent of the education entity.

Administration of Act

139( 1) The Minister shall administer this Act and may designate persons to act on behalf of the Minister.

139( 2) The Minister may, with the approval of the Lieutenant-Governor in Council and subject to the regulations, if any, constitute educational advisory boards, educational advisory committees and any other educational advisory bodies that the Minister considers necessary for the effective administration of this Act.

139( 3) An advisory body referred to in subsection (2) shall have the powers and duties prescribed by regulation.

139( 4) An education entity shall, in accordance with the regulations, submit the information, plans or reports that are prepared under this Act to an advisory body referred to in subsection (2).

Agreements

140( 1) Subject to subsection (3), the Minister may enter into agreements with an education entity, the Government of Canada or any other government or a person or organization for any purpose within the scope of this Act.

140( 2) Without limiting the generality of subsection (1), the Minister may enter into agreements

(a) with the Government of Canada respecting the operation or ownership of school property by Canada or the Province or both,

(b) with the Government of Canada, or with a council of a Mi’kmaq or Wolastoqey First Nation, to recover the cost of providing school privileges to persons whose education is the constitutional responsibility of the Government of Canada, and

(c) with an education entity or any other body corporate respecting the construction or operation of school property for the educational, cultural and recreational use by the public.

140( 3) Despite a designation under section 101, the Minister may enter into agreements with an education entity, the Government of Canada or any other government or a person or organization to sell educational programs, services or materials outside the public education system of the Province.

140( 4) The Minister may, with the approval of the Lieutenant-Governor in Council, retain from year to year a portion of the funds paid to the Minister under an agreement entered into under paragraph (2)(b) to be used to enhance the education of Mi’kmaq and Wolastoqey students.

140( 5) Subject to section 106 and applicable policies, guidelines or directives, a superintendent on behalf of an education entity may enter into agreements with another education entity, the Government of Canada or any other government or a person or organization for the purpose of carrying out the powers and duties of the education entity under this Act.

Forms

141 A plan, report, oath or declaration required for the purposes of this Act or the regulations shall be on a form provided by the Minister and shall be provided in the manner required by the Minister.

Division D

Act and Regulations

Regulations

142( 1) The Lieutenant-Governor in Council may make regulations

(a) respecting public education, including

( i) the educational curriculum and the holding of examinations,

( ii) alternative education services and the accommodation and equipment of premises used for those purposes, and

( iii) the terms and conditions under which textbooks are distributed and the responsibility for the care and custody of textbooks;

(b) respecting school privileges, including

( i) prescribing persons for the purposes of subsection 7(3) or (4),

( ii) prescribing fees for the purposes of subsection 7(4), and

( iii) prescribing the requirements under which the Minister may provide school privileges free of charge under subsection 7(3) or (4);

(d) in accordance with the Public Health Act, respecting the health, cleanliness and physical well-being of students;

(e) prescribing admission requirements for the purposes of section 9;

(f) respecting the admission and placement of students in classes, groupings, grades, programs, services and schools for the purposes of section 11;

(g) respecting students requiring a personalized learning plan, including

( i) the identification of students requiring a personalized learning plan for the purposes of subsection 12(5),

( ii) prescribing tests for the purposes of section 13, and

( iii) making arrangements for the health and treatment of students requiring a personalized learning plan;

(h) respecting appeals, including the procedure for appeals, for the purposes of section 14;

(i) respecting school attendance, including the manner in which and the requirements under which a student may be exempted from attending school under subsection 18(2);

(j) limiting the liability of parents under section 23;

(k) respecting suspension of school privileges and appeals, including the procedure for appeals, for the purposes of section 25;

(l) prescribing the powers and duties of principals for the purposes of paragraph 26(2)(p) and teachers for the purposes of paragraph 27(1)(k);

(m) prescribing matters for the purposes of paragraph 30(1)(l);

(n) prescribing the territorial limits of districts for the purposes of subsection 33(1) or subdistricts for the purposes of subsection 65(1);

(o) prescribing powers and duties of an education entity for the purposes of paragraph 34(1)(r);

(p) transferring responsibility for a school from one education entity to another, including transferring and vesting all rights, obligations, assets, liabilities, powers and responsibilities that relate to the school or that are associated with the establishment, operation and maintenance of the school;

(q) respecting consultation for the purposes of paragraph 34(1)(h) or 88(3)(a);

(r) respecting districts, or territorial limits of districts, for the purposes of subsection 36(1);

(s) respecting interim district education councils for the purposes of subsection 36(4), including the composition, election or appointment of councillors of an interim district education council;

(t) prescribing powers and duties of a superintendent for the purposes of paragraph 37(1)(j);

(u) respecting the powers and duties of a person designated by a superintendent under subsection 37(2);

(v) constituting a school district and prescribing a name for the school district for the purposes of section 41;

(w) prescribing matters in relation to performance targets for the purposes of paragraph 44(d);

(x) prescribing powers and duties of a district education council for the purposes of paragraph 48(l);

(y) constituting a district education council and prescribing a name for the district education council for the purposes of subsection 53(1);

(z) respecting district education council elections and any matters relating to the holding and running of those elections, including

( i) the frequency of elections,

( ii) the requirements, qualifications or eligibility criteria for voters, nominations and candidates for the purposes of subsection 64(2),

( iii) the appointment of election officers and their qualifications and responsibilities,

( iv) the persons who are ineligible to be appointed or to act as election officers,

( v) the establishment of election procedures, including the nomination of candidates and the dates, times and places of voting and publication requirements,

( vi) election campaigns, including spending limits,

( vii) the use of school property and other school resources for elections,

( viii) the filing and determination of complaints in relation to elections,

( ix) adopting the Municipal Elections Act for the purposes of an election, with the modifications or exclusions that are considered necessary,

( x) prescribing offences and penalties under this Act with respect to an adopted provision of the Municipal Elections Act for an election, and

( xi) respecting elections by acclamation and incomplete elections;

(aa) respecting the holding of office as a councillor of a district education council, including

( i) the maximum number of terms a councillor may serve,

( ii) the appointment of councillors of a district education council,

( iii) prescribing districts for the purposes of paragraph 61(1)(b),

( iv) the requirements, qualifications or eligibility criteria for the purposes of subsection 61(2), 62(2) or 63(3), and

( v) the acceptance of office and the taking and subscribing to an oath of office or an affirmation of office, as the case may be;

(bb) respecting vacancies on a district education council, including

( i) circumstances for the purposes of subsection 67(1),

( ii) the grounds for the disqualification of a councillor,

( iii) the resignation of councillors, and

( iv) the appointment of councillors by the Minister to fill vacant positions for the purposes of subsection 67(2);

(cc) respecting the selection of the chair and officers of a district education council for the purposes of subsection 68(1) and prescribing their powers and duties for the purposes of subsection 68(2);

(dd) respecting meetings of a district education council, including

( i) setting a day for the first meeting,

( ii) the procedures to be followed in the setting of dates for meetings,

( iii) the number and frequency of meetings,

( iv) the procedure to be followed at meetings,

( v) the quorum for meetings,

( vi) the holding of special meetings,

( vii) the holding of open and closed meetings,

( viii) the votes taken at meetings,

( ix) the approval of resolutions, and

( x) the minutes of meetings;

(ee) respecting codes of conduct for the purposes of subsections 49(2) and 54(1);

(ff) prescribing circumstances for the purposes of subsection 71(3) and paragraph 73(5)(a);

(gg) prescribing powers and duties of a parent school support committee for the purposes of paragraph 72(m);

(hh) prescribing powers and duties of a student council for the purposes of paragraph 76(k);

(ii) respecting the members of a parent school support committee or a student council, including requirements, qualifications or eligibility criteria, the duration of terms of office and the maximum number of terms a member may serve;

(jj) respecting the election of members of a parent school support committee or a student council and any matters relating to the holding and running of those elections, including

( i) the frequency of elections,

( ii) the requirements, qualifications or eligibility criteria of voters and candidates,

( iii) the establishment of election procedures, including the nomination of candidates, and the dates, times and places of voting and publication requirements,

( iv) the use of school property and other school resources for elections,

( v) elections by acclamation and incomplete elections of members, and

( vi) the filing and determination of complaints in relation to elections;

(kk) respecting vacancies on a parent school support committee or a student council, including

( i) providing the grounds for the disqualification of a member,

( ii) respecting the resignation of members, and

( iii) respecting the filling of vacant positions;

(ll) respecting the reimbursement of expenses of members of a parent school support committee or a student council;

(mm) respecting meetings of a parent school support committee or a student council, including

( i) setting a day for the first meeting,

( ii) the procedures to be followed in the setting of dates for meetings,

( iii) the number and frequency of meetings,

( iv) the procedure to be followed at meetings,

( v) the quorum for meetings,

( vi) the holding of special meetings,

( vii) the holding of open and closed meetings,

( viii) the votes taken at meetings,

( ix) the approval of resolutions, and

( x) the minutes of meetings;

(nn) prescribing matters included in a district education plan for the purposes of paragraph 78(2)(e);

(oo) prescribing matters included in a positive learning and working environment plan for the purposes of paragraph 80(2)(e);

(pp) governing the operation of schools for the purposes of section 84, including

( i) school vacations and authorizing the Minister to vary the school vacations for any district for any school year,

( ii) the closing of schools or parts of schools during part of the school year,

( iii) the classification of schools,

( iv) the arrangement and order of school property, and

( v) the display of flags or symbols;

(qq) prescribing matters included in a school mission and strategies for the purposes of paragraph 88(2)(h) and the manner in which and the time within which a school improvement plan shall be submitted for the purposes of subsection 88(5);

(rr) prescribing requirements for the purposes of subsection 88(8);

(ss) prescribing the content of a school performance report for the purposes of subsection 89(1) and the manner in which and the time within which it shall be submitted for the purposes of subsection 89(2);

(tt) respecting the transportation of students or other persons in school vehicles for the purposes of section 91, including

( i) driver qualifications, training, responsibilities, fitness, conduct and safety,

( ii) the loading and unloading of school vehicles, and

( iii) student conduct and suspension of transportation privileges;

(uu) respecting school vehicles, including

( i) the specifications, condition of and standards for motor vehicles,

( ii) insurance requirements for motor vehicles, and

( iii) the procurement of motor vehicles and related products and services;

(vv) prescribing purposes and requirements relating to the co-curricular or extra-curricular use of school vehicles;

(ww) respecting the lodging of students for the purposes of section 91;

(xx) prescribing the sources from which the Minister may earn sums of money for the purposes of paragraph 93(1)(a);

(yy) prescribing, in relation to additional sums of money earned by an education entity for the purposes of paragraph 95(3)(e),

( i) the sources from which additional sums of money may be earned, and

( ii) the purposes and the requirements for retaining or expending additional sums of money,

(zz) governing funds received in trust by the Minister or an education entity for the purposes of paragraph 95(3)(f);

(aaa) prescribing, in relation to a budgetary surplus that the education entity has realized in its operations for the purposes of subsection 95(9),

( i) the purposes and the requirements for retaining or expending a budgetary surplus, and

( ii) the maximum budgetary surplus that may be retained;

(bbb) prescribing, in relation to the use of school property under section 96 or school vehicles under section 97

( i) the purposes and the requirements for their use, and

( ii) the requirements for retaining or expending a fee charged for their use;

(ccc) prescribing services or programs for the purposes of subsection 98(1) and the requirements for retaining or expending a fee for a service or program for the purposes of subsection 98(4);

(ddd) respecting fees for the purposes of this Act and the regulations, including

( i) the method of calculating the amount of a tuition fee for the purposes of subsection 99(1), and

( ii) the amount or maximum amount of an administration fee, orientation fee or other fee for the purposes of subsection 99(2);

(eee) prescribing the information to be contained in a district expenditure plan for the purposes of subsection 103(2);

(fff) respecting the appointment of school personnel for the purposes of section 107;

(ggg) respecting performance evaluations of superintendents and school personnel;

(hhh) respecting the training and certification of teachers and the classification of other school personnel;

(iii) respecting the issuance, conversion, suspension, revocation and reinstatement of teachers’ certificates;

(jjj) respecting applications for teacher’s certificates for the purposes of section 114 and subsection 116(5);

(kkk) respecting the composition of, appointments to and the powers and duties of the Appeal Board;

(lll) respecting reviews and appeals, including the procedure for a review or an appeal, for the purposes of section 119 and the appeal period for the purposes of subsection 121(3);

(mmm) respecting the effect of a decision of the Registrar pending the outcome of an appeal;

(nnn) respecting the making of decisions by the Appeal Board;

(ooo) prescribing information for the purposes of paragraph 121(2)(d);

(ppp) prescribing information for the purposes of paragraph 122(2)(e);

(qqq) respecting investigations of allegations of serious professional misconduct for the purposes of subsection 126(7);

(rrr) prescribing information for the purposes of paragraph 128(2)(e);

(sss) respecting access to and the contents, maintenance, retention and disposal of student records for the purposes of section 131;

(ttt) prescribing personal information for the purposes of paragraph 131(3)(d);

(uuu) respecting appeals, including the procedure for appeals, for the purposes of subsection 131(9);

(vvv) respecting conflicts of interest for the purposes of section 135;

(www) respecting the rights, privileges, powers and obligations of a person designated by the Minister under subsection 139(1);

(xxx) respecting the constitution and operation of advisory bodies for the purposes of subsection 139(2), including

( i) the powers and duties of advisory bodies,

( ii) the requirements, qualifications or eligibility criteria for members,

( iii) the duration of terms of office of members, and

( iv) the plans, reports or information to be provided to advisory bodies;

(yyy) prescribing provisions of the regulations that the violation of which or the failure to comply with constitute an offence;

(zzz) with respect to offences under the regulations, prescribing the categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(aaaa) authorizing the Minister or an education entity to provide forms for the purposes of this Act and the regulations;

(bbbb) respecting forms, plans, reports and information required under this Act or the regulations, including, without limitation, their form and content and the time and manner in which they are required to be submitted or made public;

(cccc) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(dddd) generally for the better administration of this Act.

142( 2) Regulations may vary for or be made in respect of different

(a) education sectors, school districts, district education councils, parent school support committees, student councils, advisory bodies, districts or schools,

(b) persons, matters, activities or things, or

142( 3) A regulation may be general or particular in its application, may be limited as to time or place or both, and may exclude any place from the application of the regulation.

142( 4) The Lieutenant-Governor in Council, no later than October 31 in the year before the year in which a district education council election is to be held, may make regulations

(a) eliminating an existing electoral zone; or

(b) combining two or more subdistricts into an electoral zone.

Application of Regulations Act

143 The Regulations Act does not apply to any instrument made under the authority of this Act by the Minister, a school district, a district education council, a parent school support committee or a student council or to any parameter or directive issued by the Minister under this Act.

Review of this Act

144 The Minister shall undertake a review of the operation of this Act every ten years, the first of which shall be completed no later than July 1, 2031.

PART 9

TRANSITIONAL AND SAVING PROVISIONS

Definition of “former Act”

145 For the purposes of this Part, “former Act” means the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997.

Continuation of Parent School Support Committees

146( 1) Parent School Support Committees that were established under section 32 of the former Act are continued as parent school support committees under section 71 of this Act.

146( 2) A person who is an appointed or elected member of a Parent School Support Committee referred to in subsection (1) immediately before the commencement of this section shall be deemed to be elected or appointed, as the case may be, as a member of a parent school support committee under section 73 of this Act until the member resigns or is reappointed or replaced.

Dissolution of District Education Councils – anglophone sector

147( 1) The following District Education Councils established under section 36.1 of the former Act are dissolved:

(a) the District Education Council for the Anglophone East School District set out in section 2 of Schedule A of New Brunswick Regulation 2001-24;

(b) the District Education Council for the Anglophone North School District set out in section 1 of Schedule A of New Brunswick Regulation 2001-24;

(c) the District Education Council for the Anglophone South School District set out in section 3 of Schedule A of New Brunswick Regulation 2001-24; and

(d) the District Education Council for the Anglophone West School District set out in section 4 of Schedule A of New Brunswick Regulation 2001-24.

147( 2) A person who is an appointed or elected councillor of a District Education Council referred to in subsection (1) immediately before July 1, 2023, shall be deemed to be elected or appointed, as the case may be, under section 61 of this Act as member of the district education council for the school district to which the assets, liabilities, rights, obligations, powers and responsibilities were transferred under section 149 of this Act until the member resigns or is reappointed or replaced.

147( 3) The appointment of a person who held office as the chair, vice-chair or any other officer of a District Education Council referred to in subsection (1) immediately before July 1, 2023, is affirmed.

147( 4) No action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the dissolution of a District Education Council under this section.

Continuation of District Education Councils – francophone sector

148 The following District Education Councils established under section 36.1 of the former Act are continued as district education councils constituted under subsection 53(1) of this Act:

(a) the District Education Council for the Francophone nord-ouest school district set out in section 5 of Schedule A of New Brunswick Regulation 2001-24;

(b) the District Education Council for the Francophone nord-est school district set out in section 6 of Schedule A of New Brunswick Regulation 2001-24; and

(c) the District Education Council for the Francophone sud school district set out in section 7 of Schedule A of New Brunswick Regulation 2001-24.

Transfer of authority

149( 1) On and after July 1, 2023, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council for the Anglophone East School District set out in section 2 of Schedule A of New Brunswick Regulation 2001-24 under the former Act are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of, a school district in the anglophone sector prescribed by regulation in accordance with section 41 of this Act.

149( 2) On and after July 1, 2023, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council for the Anglophone North School District set out in section 1 of Schedule A of New Brunswick Regulation 2001-24 under the former Act are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of, a school district in the anglophone sector prescribed by regulation in accordance with section 41 of this Act.

149( 3) On and after July 1, 2023, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council for the Anglophone South School District set out in section 3 of Schedule A of New Brunswick Regulation 2001-24 under the former Act are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of, a school district in the anglophone sector prescribed by regulation in accordance with section 41 of this Act.

149( 4) On and after July 1, 2023, all assets, liabilities, rights, obligations, powers and responsibilities of the District Education Council for the Anglophone West School District set out in section 4 of Schedule A of New Brunswick Regulation 2001-24 under the former Act are transferred to, and become the assets, liabilities, rights, obligations, powers and responsibilities of, a school district in the anglophone sector prescribed by regulation in accordance with section 41 of this Act.

Indemnity

150 On the terms and conditions that the Minister considers appropriate, the Minister may indemnify and defend councillors and former councillors of a District Education Council and members and former members of a Parent School Support Committee in respect of any claim for damages or otherwise arising from any act done or omitted in good faith in the execution or intended execution of any duty or authority under the former Act or the regulations under that Act.

Appointment of superintendents – anglophone sector

151( 1) A person who, immediately before July 1, 2023, was a superintendent employed by a District Education Council dissolved in accordance with section 147 of this Act shall be deemed to be appointed under section 45 of this Act as the superintendent of the school district to which the assets, liabilities, rights, obligations powers and responsibilities were transferred under section 149 of this Act.

151( 2) The Minister shall assume the contracts of employment of each superintendent referred to in subsection (1) who, immediately before July 1, 2023, held office as a superintendent appointed under section 47 of the former Act.

151( 3) The terms and conditions of employment of a superintendent referred to in subsection (1) shall continue until changed by an employment contract.

151( 4) No application, action or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the operation of this section.

Appointment of superintendents – francophone sector

152( 1) A person who, immediately before July 1, 2023, was a superintendent employed by a District Education Council continued as a district education council in accordance with section 148 of this Act shall be deemed to be appointed under section 55 of this Act as the superintendent of the district.

152( 2) The terms and conditions of employment of a superintendent referred to in subsection (1) shall continue until changed by an employment contract.

152( 3) No application, action or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the operation of this section.

Transfer of employees

153( 1) A person who, immediately before July 1, 2023, was employed by a District Education Council dissolved in accordance with section 147 of this Act shall be transferred to the school district to which the assets, liabilities, rights, obligations powers and responsibilities of that District Education Council were transferred under section 149 of this Act.

153( 2) An employee referred to in subsection (1) is not terminated by the transfer and shall be deemed

(a) to have been transferred to the school district without interruption in service, and

(b) not to have been dismissed, constructively dismissed or laid off.

153( 3) Despite subsection (1), on and after July 1, 2023, a superintendent who is deemed to be appointed under section 45 of this Act shall not become an employee of the school district.

153( 4) Without restricting the generality of subsection 147(4), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against a District Education Council, a school district, the Minister or the Crown in right of the Province before any court or administrative body in the Province as a result of the dissolution of a District Education Council.

153( 5) Subject to subsection (6), the terms and conditions of employment of an employee referred to in subsection (1) shall continue until changed by a collective agreement or an employment contract.

153( 6) Despite the Public Service Labour Relations Act and section 110 of this Act, a collective agreement applicable to an employee referred to in subsection (1) immediately before July 1, 2023, shall continue in force and binds the respective school district as employer until a new collective agreement comes into effect.

153( 7) Despite subsection (6), if notice to bargain collectively has been given and the employees in the bargaining unit have authorized strike action in accordance with the Public Service Labour Relations Act, section 46 of that Act applies.

153( 8) The accumulated sick leave credits and vacation leave credits of an employee referred to in subsection (1) shall be recognized by the school district.

153( 9) The period of employment in the public service of an employee referred to in subsection (1) is deemed to be service with the respective school district for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.

Applications before Act in force

154 Despite any inconsistency with a provision of this Act, any application received by the Registrar before the commencement of this section is to be dealt with in accordance with the process under this Act.

Appeals before Act in force

155( 1) Despite any inconsistency with a provision of this Act, any appeal commenced under the former Act with respect to placement of pupils is to be dealt with in accordance with the process under section 14 of this Act.

155( 2) Despite any inconsistency with a provision of this Act, any appeal commenced under the former Act with respect to suspension of pupils is to be dealt with in accordance with the process under subsection 25(6) of this Act.

155( 3) Despite any inconsistency with a provision of this Act, any appeal commenced before the Appeal Board under the former Act and not decided before the commencement of this section is to be dealt with in accordance with the process under subsection 119(2) of this Act.

155( 4) Despite any inconsistency with a provision of this Act, any appeal commenced under the former Act with respect to denial of access to pupil records is to be dealt with in accordance with the process under subsection 131(9) of this Act.

Legal proceedings

156( 1) An action, application or other proceeding brought, taken or continued by or against a District Education Council dissolved in accordance with section 147 of this Act immediately before the commencement of this section is to be brought, taken or continued by or against the school district to which the assets, liabilities, rights, obligations powers and responsibilities of that District Education Council were transferred under section 149 of this Act.

156( 2) Subsection (1) does not prohibit an action, suit or other legal proceeding to be brought, taken or continued by or against more than one school district if the context requires.

Programs, services and courses

157 Any program, service or course that was in place immediately before the commencement of this section that was provided by a District Education Council dissolved in accordance with section 147 of this Act shall be deemed to have been established by the school district to which the assets, liabilities, rights, obligations powers and responsibilities of that District Education Council were transferred under section 149 of this Act.

Plans, policies, guidelines, procedures and rules

158 Any plans, policies, guidelines, procedures or rules that were in place immediately before the commencement of this section that were established by a District Education Council dissolved in accordance with section 147 of this Act shall be deemed to have been established by the school district to which the assets, liabilities, rights, obligations powers and responsibilities of that District Education Council were transferred under section 149 of this Act.

Deemed references to a school district

159 A reference in an Act, other than this Act, a regulation, rule, order, by-law, agreement or other instrument or document to a District Education Council dissolved in accordance with section 147 of this Act shall be read as, unless the context otherwise requires, a reference to the school district to which the assets, liabilities, rights, obligations, powers and responsibilities of that District Education Council were transferred under section 149 of this Act, and the name of that school district shall be substituted in the reference.

Regulations under the Education Act

160 Despite any inconsistency with any provision of this Act,

(a) the following regulations made under the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, including any amendments made to them under paragraph (b) are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act:

( i) New Brunswick Regulation 97-150;

( ii) New Brunswick Regulation 2001-24;

( iii) New Brunswick Regulation 2001-48;

( iv) New Brunswick Regulation 2001-51; and

( v) New Brunswick Regulation 2004-8;

(b) a regulation referred to in paragraph (a) may be amended under the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997 on or after the commencement of this section as if that Act had not been repealed.

PART 10

CONSEQUENTIAL AMENDMENTS

Archives Act

161( 1) Section 1 of the Archives Act, chapter A-11.1 of the Acts of New Brunswick, 1977, is amended

(a) by repealing the following definitions:

“District Education Council”;

“Parent School Support Committee”;

(b) in the definition “regional health authority” in the English version by striking out the period at the end of the sentence and substituting a semicolon;

“district education council” means a district education council constituted under subsection 46(1) or 53(1) of the Education Act; (conseil d’éducation de district)

“parent school support committee” means a parent school support committee constituted under subsection 71(1) of the Education Act; (comité parental d’appui à l’école)

“school district” means a school district constituted under section 41 of the Education Act. (district scolaire)

161( 2) Subsection 10(3) of the Act is amended

(a) in subparagraph (g.2)(i) by striking out “of a District Education Council, of a Parent School Support Committee” and substituting “of a school district, of a district education council, of a parent school support committee”;

(b) in paragraph (g.3) by striking out “a District Education Council, a Parent School Support Committee” and substituting “a school district, a district education council, a parent school support committee”.

Le Centre communautaire Sainte-Anne Act

162( 1) Section 1 of Le Centre communautaire Sainte-Anne Act, chapter C-1.1 of the Acts of New Brunswick, 1977, is amended

(a) by repealing the definition “District Education Council”;

(b) by adding the following definition in alphabetical order:

“district education council” means the district education council constituted under the Education Act for the district that includes École Sainte-Anne; (conseil d’éducation de district)

162( 2) Section 2 of the Act is amended

(a) in paragraph (2)(b)

( i) by repealing subparagraph (i) in the English version and substituting the following:

( i) two of whom shall be councillors from the district education council, nominated by the district education council, and

( ii) in subparagraph (ii) by striking out “school district” and substituting “district”;

(b) in paragraph (3.1)(b) of the English version by striking out “District Education Council” and substituting “district education council”.

162( 3) Subsection 3(2) of the Act is amended

(a) in subparagraph (a)(i) of the English version by striking out “District Education Council” and substituting “district education council”;

(b) in paragraph (b) by striking out “school district” and substituting “district”.

Child, Youth and Senior Advocate Act

163( 1) Subsection 22(4) of the Child, Youth and Senior Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is amended

(a) in paragraph (a) by striking out “section 31.1 of the Education Act” and substituting “section 123 of the Education Act”;

(b) in paragraph (b) by striking out “a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act” and substituting “a student that is inaccessible pursuant to subsection 131(7) of the Education Act”;

163( 2) Schedule A of the Act is amended by repealing section 4 and substituting the following:

4 School districts and district education councils constituted under the Education Act.

Lobbyists’ Registration Act

164 Section 1 of the Lobbyists’ Registration Act, chapter 11 of the Acts of New Brunswick, 2014, is amended in paragraph (c) of the definition “public office holder” by striking out “a District Education Council” and substituting “an education entity as defined in the Education Act”.

Motor Vehicle Act

165 Section 205 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by striking out “school district” wherever it appears and substituting “school district or district education council”;

(b) in subsection (2) by striking out “school district” wherever it appears and substituting “school district or district education council”.

Ombud Act

166( 1) Subsection 19.2(3) of the Ombud Act, chapter O-5 of the Revised Statutes, 1973, is amended

(a) in paragraph (a) by striking out “section 31.1 of the Education Act” and substituting “section 123 of the Education Act”;

166( 2) Schedule A of the Act is amended by repealing section 4 and substituting the following:

4 School districts and district education councils constituted under the Education Act.

Personal Health Information Privacy and Access Act

167( 1) Subsection 27(2.01) of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended in the portion preceding paragraph (a) by striking out “a District Education Council, through the superintendent of the school district” and substituting “an education entity constituted under the Education Act, through the superintendent of the district”.

167( 2) Paragraph 28(l.1) of the Act is amended

(a) in the portion preceding subparagraph (i) by striking out “a District Education Council, through the superintendent of the school district” and substituting “an education entity constituted under the Education Act, through the superintendent of the district”;

(b) in subparagraph (ii) by striking out “school personnel employed in accordance with section 47.1 of the Education Act” and substituting “school personnel appointed in accordance with section 107 of the Education Act or superintendents appointed under subsection 45(1) or 55(1) of that Act”.

167( 3) Subsection 38(1) of the Act is amended

(a) in paragraph (f.3) by striking out “school personnel employed in accordance with section 47.1 of the Education Act” and substituting “school personnel appointed in accordance with section 107 of the Education Act or superintendents appointed under subsection 45(1) or 55(1) of that Act”;

(b) in paragraph (f.5) by striking out “a District Education Council, a superintendant of a school district” and substituting “an education entity constituted under the Education Act, a superintendent of a district”;

Public Health Act

168 Section 42.1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “superintendent of the school district” and substituting “superintendent of the district”;

(b) in subsection (4) by striking out “A District Education Council, through the superintendent of the school district” and substituting “An education entity, through the superintendent of the district”.

Public Interest Disclosure Act

169( 1) Paragraph 27(3)(c) of the Public Interest Disclosure Act, chapter 112 of the Revised Statutes, 2012, is amended by striking out “district education council of that”.

169( 2) Paragraph 29(c) of the Act is amended by striking out “district education council of that”.

Right to Information and Protection of Privacy Act

170( 1) Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended

(a) in the definition “educational body”

( i) in paragraph (a) by striking out “school district” and substituting “district”;

( ii) in paragraph (b) by striking out “a District Education Council established” and substituting “an education entity constituted”;

(b) in paragraph (b) of the definition “head” by striking out “a school district” and substituting “an education entity”;

170( 2) Schedule A of the Act is amended

(a) by striking out the following:


School	District Superintendent

(b) by adding the following in alphabetical order:

School	Superintendent
School District	Superintendent

PART 11

CONDITIONAL AMENDMENTS, REPEAL AND COMMENCEMENT

Conditional amendments

171( 1) If the Child and Youth Well-Being Act, chapter 35 of the Acts of New Brunswick, 2022, comes into force before this Act, on July 1, 2023,

(a) section 19 of this Act is amended by striking out “Family Services Act” and substituting “Child Youth and Well-Being Act”;

(b) subsection 123(1) of this Act is amended by repealing the definition “professional person” and substituting the following:

“professional person” means a professional person as defined in section 33 of the Child and Youth Well-Being Act. (personne professionnelle)

171( 2) If this Act and the Child and Youth Well-Being Act come into force on the same date, the Child and Youth Well-Being Act is deemed to have come into force before this Act.

Repeal

172 The Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is repealed.

Commencement

173 This Act comes into force on July 1, 2023.