Implementation of School Division and School District Amalgamation (2002) Regulation

Implementation of School Division and School District Amalgamation (2002) Regulation, M.R. 116/2002 The Public Schools Act , C.C.S.M. c. P250 Regulation 116/2002 Registered July 18, 2002 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Formation and continuation of new school divisions 3 Boundaries 4 Appointment, qualifications and term of office of interim trustees 5 First meeting of school boards 6 Date for filing agreements 7 Continuity in education of students 8 Dissolution of former divisions 9 Interim boards deemed successors boards 10 Financial reporting and audit requirements 11 Audit requirements 12 Repealed 13 Coming into force Schedule Repealed Definitions 1 In this regulation, "Act" means The Public Schools Act ; («  Loi  ») "former division" means a school division or school district that is dissolved under section 8; (« ancienne division ») "new division" means a school division formed or continued under section 2. (« nouvelle division ») Formation and continuation of new school divisions 2(1) The following school divisions are formed and their school boards are incorporated: 1. The Border Land School Division; 2. The Louis Riel School Division; 3. The Mountain View School Division; 4. The Park West School Division; 5. The Pembina Trails School Division; 6. The Prairie Rose School Division; 7. The Prairie Spirit School Division; 8. The Red River Valley School Division; 9. The River East Transcona School Division; 10. The Southwest Horizon School Division; 11. The Sunrise School Division. 2(2) The Frontier School Division No. 48 is continued as The Frontier School Division. Boundaries 3 The new divisions have the boundaries described in the School Division and School District Amalgamation (2002) Regulation , Manitoba Regulation 61/2002. Appointment, qualifications and term of office of interim trustees 4(1) The individuals listed in a section of Schedule A are appointed as trustees of the interim school board of the school division identified in the section heading. 4(2) Subject to section 227 of the Act, every individual appointed to be a trustee of an interim school board under this regulation is deemed to meet the residency and eligibility requirements of every enactment for being a trustee on the school board he or she is appointed to. 4(3) Trustees of an interim school board hold office until the earliest of (a) the date of resignation or replacement; (b) the date of the first meeting of the successor school board after the October 23, 2002 election; and (c) November 6, 2002. First meeting of school boards 5 The first meeting of an interim school board of a new division must be held within 21 days after the coming into force of this regulation. Date for filing agreements 6 Before October 31, 2002 the new divisions listed in the following Table must file an agreement with the minister regarding the fair and equitable allocation between them of the rights and property, debts, obligations and liabilities, and employees of the former divisions listed in the Table: TABLE New Division Former Division The River East Transcona School Division The Transcona-Springfield School Division No. 12 The Sunrise School Division The Red River Valley School Division The Red River School Division No. 17 The Border Land School Division The Mountain View School Division The Duck Mountain School Division No. 34 Frontier School Division Continuity in education of students 7(1) If, as a result of the formation of a new division, a pupil is no longer a resident pupil of the school division in which the school he or she was enrolled in on June 1, 2002 is located, the pupil will be deemed to have been enrolled in that school under the schools of choice policy, and the schools of choice policy applies in respect of that pupil. 7(2) For the purpose of subsection (1), "schools of choice" means the schools of choice policy established under sections 58.3 and 58.4 of the Act. 7(3) This section is subject to section 24.1 of The Public Schools Modernization Act (Public Schools Act Amended) , S.M. 2002, c. 8. Dissolution of former divisions 8 The following school divisions and school districts, and their respective school boards, are dissolved: 1. The Assiniboine South School Division No. 3; 2. The St. Boniface School Division No. 4; 3. The Fort Garry School Division No. 5; 4. The St. Vital School Division No. 6; 5. The River East School Division No. 9; 6. The Transcona-Springfield School Division No. 12; 7. The Agassiz School Division No. 13; 8. The Boundary School Division No 16; 9. The Red River School Division No. 17; 10. The Rhineland School Division No. 18; 11. The Morris-Macdonald School Division No. 19; 12. The White Horse Plain School Division No. 20; 13. The Midland School Division No. 25; 14. The Mountain School Division No. 28; 15. The Dauphin-Ochre School Area No. 1; 16. The Duck Mountain School Division No. 34; 17. The Intermountain School Division No. 36; 18. The Pelly Trail School Division No. 37; 19. The Birdtail River School Division No. 38; 20. The Souris Valley School Division No. 42; 21. The Antler River School Division No. 43; 22. The Prairie Spirit School Division No. 50; 23. The Consolidated School District of Sprague No. 2439; 24. The School District of Churchill No. 2264; 25. The School District of Leaf Rapids No. 2460; 26. The School District of Lynn Lake No. 2312; 27. The School District of Snow Lake No. 2309. Interim boards deemed successors boards 9(1) The interim school board of a new division that contains all the territory of a former division is deemed to be the successor of the school board of that former division. 9(2) Subject to an agreement or arbitrator's report under section 12.3 of the Act, the school boards of the new divisions listed in the Table in section 6 are deemed to be the successors of the school boards of the former divisions listed opposite in that Table. Financial reporting and audit requirements 10(1) In this section, "stub period" means the period between July 1, 2002 and the effective date of the former divisions being dissolved. 10(2) Each former division must prepare unaudited financial statements, in a form required by the minister, for the stub period. Copies of those statements, along with the relevant supporting information, must be provided to the successor board of the former division and to the minister by October 31, 2002. 10(3) Every new division must ensure that the financial information from the stub period of all former divisions for which the new division is the successor are consolidated and included in its audited financial statements for the fiscal year ending June 30, 2003. Audit requirements 11 The auditor of a former division must forward the relevant books and records, together with the report on the audit of the former division for the fiscal year 2001-2002, to the successor board of the former division, and in doing so the requirements of subsection 12(5) of the Act are deemed to have been met. Repeal 12 Schedule A is repealed on November 7, 2002. Coming into force 13 This regulation comes into force at 12 noon on July 19, 2002. SCHEDULE A [Repealed on November 7, 2002 by M.R. 116/2002, s. 12] M.R. 116/2002 ; 122/2002