The Boundaries Review Commission Establishment Regulation

The Boundaries Review Commission Establishment Regulation, M.R. 163/93 The Public Schools Act , C.C.S.M. c. P250 Definitions 1 In this regulation, "Act" means The Public Schools Act ; («  Loi  ») "chairperson" means the chairperson of the review commission; (« président ») "member" means a member of the review commission; (« membre ») "participant" means a person who makes or gives notice to the review commission of his or her intention to make a submission at a public hearing held by the commission; (« participant ») "review" means a review by the review commission of the boundaries of school divisions and school districts under the Act and this regulation; (« révision ») "review commission" means The Boundaries Review Commission established by this regulation. (« Commission de révision ») Review commission established 2 The Boundaries Review Commission is hereby established. Members 3(1) The members of the review commission are William Norrie and Ian A. Restall, both of Winnipeg, Brenda Leslie of Winnipeg, Manson Moir of Tilston and Joan Wright of Thompson. 3(2) The chairperson of the review commission is William Norrie. 3(3) Where the chairperson is absent from a meeting of the review commission, the members present shall elect one of their number to serve as the acting chairperson during the absence of the chairperson. 3(4) Where a member is for any reason unable to act, the remaining members of the review commission shall exercise the powers and perform the duties of the commission. 3(5) The term of office of each member commences on the day this regulation comes into force and ends on the day the review commission delivers its final report to the minister, or such later day as the minister may determine. 3(6) A majority of the members present at a meeting of the review commission constitute a quorum for the transaction of business at the meeting. 3(7) Decisions of the review commission at a meeting shall be based on a majority vote of the members present at the meeting and, in the event of a tie, the chairperson shall have a second vote. M.R. 10/94 Terms of reference 4 The review commission shall conduct a review in accordance with the terms of reference set out in Schedule A and the directions of the minister. Manner of conducting review 5 In conducting the review, the review commission (a) shall develop a consultation paper and distribute it to interested persons and groups; (b) shall hold public hearings in accordance with Schedule B; (c) may consult with persons and groups, other than at public hearings, to consider matters relating to the review; and (d) shall consider information and material provided by the minister for the purpose of the review. Reports and recommendations 6(1) The review commission shall provide a written report of its proceedings to the minister on November 1, 1993, and on or about the first day of every second month following that day. 6(2) After completing the review, the review commission shall provide a written report to the minister containing recommendations respecting the alteration of boundaries and the other matters set out in Schedule A. 6(3) The final written report of the review commission shall be delivered to the minister on a date that the minister may specify. Rules of procedure 7 The proceedings of the review commission shall be governed by the rules of procedure set out in Schedule B. SCHEDULE A (Section 4) TERMS OF REFERENCE Purpose of review commission 1 The purpose of the review commission is to review the boundaries of school divisions and school districts for the purpose of making recommendations in respect to establishing an efficient and effective boundary structure in furtherance of educational excellence and to produce a final report for the minister with conclusions, options and recommendations respecting any alteration of the boundaries. Scope of review 2 The review commission shall deal with all aspects of the effects of altering boundaries, including the following: (a) demographics; (b) patterns of transportation; (c) economic activity; (d) the enrolment of pupils; (e) educational programs; (f) tax assessments; (g) cost efficiency and cost effectiveness; (h) the governance of francophone schools; (i) the role and responsibilities of schools, school divisions, school districts and the department; (j) policy making structures, including the role and responsibilities of advisory committees, elected officials and the parents of pupils; (k) the impact of technology, including its potential effect on the development and delivery of educational programs; (l) municipal boundaries; (m) current legislation and possible amendments to the legislation; (n) current trends in educational reform; (o) administrative matters, including employment contracts and the transfer of assets and liabilities. M.R. 115/2025 Recommendations in final report 3 The review commission shall in its final report recommend boundaries that in its opinion will best (a) facilitate the effective and efficient development and delivery of programs in the public school system; (b) facilitate the goals of education in the province and ensure that education in public schools reflects and furthers the principles of equity, openness, responsiveness, excellence, choice, relevance and accountability; (c) receive public acceptance and support; (d) foster a partnership, for the benefit of the public school system, among governments, communities, parents, labour, business and industry; (e) recognize the increasing use, and potential use, of technology to deliver educational programs. SCHEDULE B (Section 5) RULES OF PROCEDURE Preamble These rules of procedure have been prepared to govern the operations of the review commission in its review of the boundaries of school divisions and school districts in the province and in holding public hearings related to the review. They are intended to provide a full opportunity for public involvement in the review of school boundaries and the effects of altering school boundaries. Practice and procedure 1(1) Subject to the Act and this regulation, the review commission may determine its own practice and procedure. 1(2) No proceeding of the review commission is invalid by reason of a defect in form, a technical irregularity or a lack of formality. Commission to conduct public hearings 2 Subject to the approval of the minister, the commission shall determine a schedule of times and places for public hearings. Notice of public hearings 3(1) Subject to subsection (2), the review commission shall give notice, in such form as the minister may direct, of each public hearing it proposes to hold. 3(2) The notice given under subsection (1) shall include the time, date and location of the public hearing and the last day on which a participant must give notice to the review commission under section 4. Submissions 4(1) Unless the review commission decides otherwise, a participant shall (a) give notice to the review commission, within the time specified in the notice of the public hearing, that he or she intends to make a submission at the public hearing; and (b) file a written copy of the submission with the review commission at least seven days before the commencement of the public hearing. 4(2) A submission filed under subsection (1) shall contain the following: (a) the name, address and telephone number of the participant and, if the participant will be represented by another person at the public hearing, of the participant's representative; (b) a description of the nature of the participant's interest in the review, and of the issues he or she proposes to address; (c) a brief statement of the position of the participant on the issues referred to in clause (b); (d) a list of any documents that the participant will refer to at the public hearing and, where possible, a copy of any such document. General format of public hearings 5(1) Unless the review commission decides otherwise, a participant making a submission at a public hearing shall do so in person or through a representative designated by the participant. 5(2) A participant may be represented at a public hearing by legal counsel. 5(3) The review commission may (a) refuse to hear a submission that is outside its terms of reference or that repeats the substance of a submission it has already heard; (b) limit the number of submissions from participants who have similar interests in the review; and (c) limit the submission of a participant to a fixed amount of time. 5(4) The review commission may direct the order of appearance of participants. 5(5) The review commission may permit a submission made on behalf of a group to be presented by more than one person from the group. Filing documents 6(1) A document to be filed with the review commission shall be directed to the chairperson. 6(2) A document may be filed with the review commission by personal delivery, regular mail or facsimile transmission. Inspection of submissions 7 Subject to section 8 (confidentiality), any person may during the office hours of the review commission inspect a submission, and any document filed with or in support of a submission, that is filed with the commission and the person may, on payment of any fee that the commission may fix, obtain a copy of the submission or document from the commission. Confidential hearing and confidential information 8 At the request of a participant, the review commission may (a) hold all or part of a hearing in private; and (b) treat as confidential any document filed by the participant with the review commission, in which case the review commission shall mark the document "confidential", keep it in a safe place, and return it to the participant not later than the day on which the review is completed. Power to summon witnesses 9 A participant at a public hearing may request the review commission to compel the attendance of any person at the public hearing as a witness, and the review commission may, by subpoena or summons, require that person to attend and give evidence under oath or affirmation, either orally or in writing, and to produce such documents and things as are necessary for a full investigation of the matters it is reviewing. Oaths 10 Unless the review commission otherwise decides, participants shall not be examined under oath or affirmation. Power to require production of information 11 The review commission may require a participant to provide any information or document that the review commission requires, and may adjourn the hearing until such time as it receives the information or document. Commission may adjourn, and may extend time 12 The review commission may adjourn a public hearing from time to time, may reopen a hearing that it has closed, and may grant extensions of time. Powers under The Evidence Act 13(1) For the purpose of carrying out their functions and duties under the Act and this regulation, the members of the review commission have all the powers and protection of commissioners appointed under The Manitoba Evidence Act . Commission not bound by rules of evidence 13(2) Evidence may be given before the commission in any manner that the commission considers appropriate, and the commission is not bound by the rules of law respecting evidence applicable to judicial proceedings.