Francophone Schools Governance Regulation

Francophone Schools Governance Regulation, M.R. 202/93 The Public Schools Act , C.C.S.M. c. P250 Regulation 202/93 Registered December 3, 1993 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions 2 Repealed PART 2 ESTABLISHMENT OF DIVISION 3 Division established 4 Regions 5-9 Repealed PART 3 ELECTIONS 10 Date of election 11 Entitlement to vote 12 Preparation of list — information from division 13 Public notice — voters list and personal security 14 Nominations 15 Voting places to be established 16 Where voters are to vote 17 Identification required 18 Eligible voter whose name is not on voters list 19 Notice 20 Application of Municipal Councils and School Boards Elections Act 21-38 Repealed PART 4 MISCELLANEOUS PROVISIONS 39-40 Repealed 41 Form of request for instruction 42 Guidelines for board of reference 43 Repealed Schedule A Boundaries — Division scolaire franco-manitobaine B Regions — Division scolaire franco-manitobaine C Repealed D Repealed E Request for instruction from la Division scolaire franco-manitobaine F Voter Registration Form PART 1 INTERPRETATION Definitions 1 In this regulation, "Act" means The Public Schools Act ; («  Loi  ») "division" means the Division scolaire franco-manitobaine established in section 3; (« division ») "election" means the election of a person to serve as a trustee of the division; (« élection ») "electoral division" means an electoral division established by a by-law of the division made in accordance with section 21.36.1 of the Act; (« circonscription électorale ») "eligible voter" means a person who, under section 11, is entitled to vote in an election; (« électeur admissible ») "francophone school board" means the board of trustees of the Division scolaire franco-manitobaine; (« commission scolaire de langue française ») "region" means a region established under section 4; (« région ») "school" means a school in which a francophone program is provided by the francophone school board. (« école ») M.R. 165/98; 166/2002 ; 104/2014 ; 46/2018 2 [Repealed] M.R. 166/2002 ; 147/2006 PART 2 ESTABLISHMENT OF DIVISION Division established 3(1) A francophone school division is established on January 20, 1994 under the name la Division scolaire franco-manitobaine. 3(2) [Repealed] M.R. 166/2002 3(3) The boundaries of the division are set out in Schedule A. M.R. 166/2002 Regions 4(1) The division is divided into the following four regions: (a) the Urban region; (b) the Eastern region; (c) the Southern region; (d) the Western/Northern region. 4(2) The boundaries of the regions are set out in Schedule B. M.R. 104/2014 5 [Repealed] M.R. 166/2002 6 [Repealed] M.R. 104/2014 7 [Repealed] M.R. 165/98; 166/2002 8 and 9 [Repealed] M.R.165/98 PART 3 ELECTIONS Date of General Elections Date of election 10 A general election for trustees must be held on the fourth Wednesday of October in the year 2018 and in each fourth year after that. M.R. 165/98; 166/2002 ; 147/2006 ; 104/2014 ; 46/2018 Voters Entitlement to vote 11 A person may vote in an election if he or she is a Canadian citizen who (a) will be at least 18 years old on election day; (b) has resided in Manitoba for at least six months immediately before election day; (c) is a resident of the electoral division in which the election is being held; (d) is (i) entitled to vote under section 21.37 of the Act, (ii) an entitled person under section 21.1 of the Act, or (iii) an entitled person under the extended meaning of "entitled person" in subsection 21.37(1) of the Act; and (e) is not disqualified under the Act or any other Act, and is not otherwise prohibited by law, from voting in school division or school district elections. M.R. 165/98; 147/2006 ; 104/2014 ; 46/2018 Voters List Preparation of list — information from division 12(1) To assist in the preparation of the voters list for the division, the senior election official must request the following information from the division: (a) at least 42 days before election day, (i) a list of the names and addresses of each parent or legal guardian of a child enrolled in the francophone program in the electoral division in which the election is being held, (ii) a list of persons who in the preceding 12-month period have completed the form set out in Schedule E requesting the francophone school board to provide instruction for their school-age children, but whose children are not yet enrolled in a program, and (iii) a list of persons who are parents or legal guardians of children who are enrolled in nursery programming conducted by the francophone school board or entities which have entered into an affiliation arrangement with the francophone school board; (b) at least annually, a list of the names and addresses of each person who has received a provincial high school diploma or a provincial certificate of completion for an Individualized Senior Years Program from a school. Duty to provide information 12(2) The division must provide the requested information to the senior election official in the form and manner, and within the time, specified by the senior election official. Updating voters list between elections not required 12(3) For certainty, the senior election official is not required to maintain an up-to-date voters list between elections. Adding or correcting information on voters list 12(4) A qualified voter may apply to the senior election official to have his or her name added to the voters list or to correct any information about the voter on the voters list. To do so, the person must complete and sign the form set out in Schedule F and establish his or her identity to the senior election official in accordance with section 17. M.R. 147/2006 ; 104/2014 ; 46/2018 Public notice — voters list and personal security 13(1) The senior election official must give public notice of the following, in the year of a general election at the time the senior election official considers appropriate: (a) that a person who wishes to have his or her name added to the voters list, or have any information about the voter on the voters list corrected, may do so by contacting the senior election official: and (b) that the personal security protection provisions of The Municipal Councils and School Boards Elections Act apply in respect of the voters list of the division. Application 13(2) Subsection (1) applies in place of the public notice requirements found in section 36 of The Municipal Councils and School Boards Elections Act . M.R. 165/98; 166/2002 ; 147/2006 ; 104/2014 Nominations Nominations 14 Each nomination must be made in writing and must be signed by at least 25 voters of the electoral division. M.R. 166/2002 ; 147/2006 ; 104/2014 Voting Places Voting places to be established 15 A voting place must be established in the following places: (a) in the case of a general election, each school; (b) in the case of a by-election, each school in the electoral division in which the by-election is being held. M.R. 166/2002 ; 147/2006 ; 104/2014 Where Voters Are To Vote Where do voters vote 16(1) On election day, an eligible voter may vote at a voting place in a school within the electoral division in which the voter resides. Notice to voter of election day and where to vote 16(2) Not later than the second Wednesday in September in the year of a general election, the senior election official must ensure that a notice containing the following information is mailed or distributed to each eligible voter on the voters list of the division: (a) the date and time of the election; (b) where the voter is to vote on election day. M.R. 228/98; 165/98; 166/2002 ; 147/2006 ; 104/2014 ; 46/2018 Voting at Voting Stations on Election Day Identification required 17(1) Before being given a ballot, each eligible voter must establish his or her identity by providing (a) an official document issued by a federal, provincial or municipal government that contains the person's name, address and photograph; or (b) at least two other documents that provide evidence of the person's identity satisfactory to the election official who asked the person for identification. Establishing identity in another way 17(2) A person who is unable to comply with subsection (1) must furnish other proof of identity that is satisfactory to the election official who asked the person for identification. M.R. 165/98; 166/2002 ; 147/2006 ; 104/2014 Eligible voter whose name is not on voters list 18(1) An eligible voter whose name is not on the voters list may vote if he or she complies (a) with subsection (2); and (b) if his or her right to vote is challenged, with subsection 79(5) (what challenged person must do to vote) of The Municipal Councils and School Boards Elections Act . Name added to voters list at time of voting 18(2) An eligible voter whose name is not on the voters list is entitled to have his or her name added to the voters list at the time of voting if he or she (a) attends a voting place where he or she is qualified to vote, during the hours it is open for voting; (b) takes an oath that he or she is an eligible voter; and (c) establishes his or her identity in accordance with section 17. Eligible voter must be added to voters list 18(3) The voting official must add to the voters list the name of an eligible voter who complies with the requirements of this section. M.R. 165/98; 147/2006 ; 104/2014 General Provisions Notice 19(1) Where public notice is required to be given, the notice must be given (a) by posting it (i) in each applicable school, and (ii) in any other conspicuous places in each electoral division affected by the subject matter of the notice, as the senior election official considers reasonable; and (b) by publishing a copy of it in La Liberté or in a newspaper having general circulation throughout the electoral division affected by the subject matter of the notice. More than one newspaper 19(2) If no newspaper has general circulation throughout an electoral division, the obligation under clause (1)⁠(a) may be met by publishing the notice in more than one newspaper. M.R. 165/98; 147/2006 ; 104/2014 Application of Municipal Councils and School Boards Elections Act 20(1) Subject to the provisions of this Part, The Municipal Councils and School Boards Elections Act applies in respect of the election of school trustees. Application 20(2) When this regulation incorporates a provision of The Municipal Councils and School Boards Elections Act by reference, a reference in that Act (a) to a "local authority" is to be read as a reference to the division; and (b) to the "elected authority" is to be read as a reference to the francophone school board. M.R. 147/2006 ; 104/2014 21 [Repealed] M.R. 147/2006 ; 104/2014 22 [Repealed] M.R. 165/98; 166/2002 ; 147/2006 ; 104/2014 23 to 38 [Repealed] M.R. 228/93; 165/98; 166/2002 ; 147/2006 ; 104/2014 PART 4 MISCELLANEOUS PROVISIONS 39 [Repealed] M.R. 165/98 40 [Repealed] M.R. 165/98; 166/2002 Form of request for instruction 41 A person who wishes to have instruction provided to his or her child by the francophone school board must complete the form set out in Schedule E and submit it to the board at a time determined by the board. Guidelines for board of reference 42(1) To determine the wishes of entitled persons whose children are enrolled in a francophone program for which a request for transfer is made under section 21.25 of the Act, the board of reference shall survey the parents of each child attending the program and ask whether or not they wish their child's education to be provided by the francophone school board. 42(2) The board of reference shall set out the results of the survey in the report it is required to make under subsection 21.26(4) of the Act. 43 [Repealed] M.R. 165/98; 166/2002 SCHEDULE A Boundaries Division scolaire franco-manitobaine SCHEDULE B Regions Division scolaire franco-manitobaine SCHEDULE C [Repealed] M.R. 165/98; 166/2002 SCHEDULE D [Repealed] M.R. 166/2002 SCHEDULE E Request for instruction from la Division scolaire franco-manitobaine SCHEDULE F Voter Registration Form