Pupils in care of teacher aides 91(2) Notwithstanding subsection (1) and subject to the regulations a school division or school district may authorize the principal to leave pupils in the care and charge of school social workers, psychologists, teacher aides, student teachers and other designated responsible persons without having a certified teacher in attendance. S.M. 1996, c. 51, s. 13 ; S.M. 2021, c. 39, s. 3 . Teachers' agreements 92(1) An agreement between a school division or school district and a teacher must (a) be in writing, and be in the form and contain the content prescribed by the minister; and (b) be signed by the school division or school district and the teacher. Ministerial regulations 92(1.1) The minister may make regulations prescribing the form and content of an agreement under subsection (1), and prescribing circumstances in which such an agreement must be used. Agreements may have prescribed differences 92(1.2) A regulation under subsection (1.1) may be made applicable generally or may prescribe different agreements containing different terms and conditions for different circumstances. Delivery of agreement to teacher 92(2) Every school division or school district after agreeing to employ a teacher shall, within two weeks, deliver to the teacher a written agreement in triplicate, duly executed by the school division or school district and thereafter the teacher shall immediately execute the agreement upon receipt thereof and shall return two copies thereof to the school division or school district. Hearing by school division or school district before dismissal of a teacher 92(3) Where a complaint is made to a school division or school district respecting the competency or character of a teacher, the school division or school district shall not terminate its agreement with the teacher unless it has communicated the complaint to the teacher or his representative and given him an opportunity to appear personally or by representation before the school division or school district to answer the complaint. Action on termination of agreement 92(4) Where an agreement between a teacher and a school division or school district is terminated by one of the parties thereto, the party receiving the notice of the termination may within seven days of the receipt thereof request the party terminating the agreement to give reasons for the termination, in which case the party terminating the agreement shall, within seven days from the date of receipt of the request, comply therewith and where the school division or school district terminates the agreement of a teacher who has been employed by the school division or school district under a prescribed agreement for more than one full school year, as defined by the minister by regulation, the following clauses apply: (a) the teacher, by notice in writing served on the school division or school district within seven days of the date the reason for terminating the agreement was given, may require that the matter of the termination of the agreement be submitted to an arbitration board composed of one representative appointed by the teacher and one representative appointed by the school division or school district and a third person who shall be chairman of the board of arbitration, mutually acceptable to and chosen by the two persons so appointed, none of whom shall be a member or employee of the school division or school district; (b) each party to the agreement shall appoint its representative to the board of arbitration within 10 days of the serving of the notice by the teacher under clause (a); (c) where the members of the arbitration board appointed by the parties cannot agree on a decision, the chairman shall make the decision and his decision shall be deemed to be a decision of the arbitration board; (d) the issue before the arbitration board shall be whether or not the reason given by the school division or school district for terminating the agreement constitutes cause for terminating the agreement; (e) where, after the completion of hearings, the arbitration board finds that the reason given for terminating the agreement does not constitute cause for terminating the agreement it shall direct that the agreement be continued in force and effect and subject to appeal as provided in The Arbitration Act the decision and direction of the arbitration board is binding upon the parties; (f) the arbitration board shall, within 30 days after its appointment make its decision and shall immediately forward a copy thereof to each of the parties and to the minister; (g) where a board of arbitration is appointed under this Part the remuneration to be paid to and the expenses incurred by the members of the board in carrying out their duties shall be borne equally by the parties to the dispute. Accumulated teaching service 92(5) Where a teacher enters into an agreement with a school division or school district and has previously been employed as a teacher by that or one other school division or school district in the province for more than one full school year within three years prior thereto, that prior period of employment shall, for the purposes of subsection (4), be deemed to be time during which the teacher was employed under the new agreement. Right of teacher to recover salary 92(6) A teacher is entitled to recover from the school division or school district any salary or other remuneration due to him because of the unlawful or improper termination of his agreement by the school board. Penalties for breach of agreements 92(7) A teacher who enters into an agreement with a school division or school district and wilfully neglects or refuses to comply with the terms of the agreement is liable to having the school division or school district report the matter to the commissioner under Part 3 of The Education Administration Act , and a school division or school district that enters into an agreement with a teacher and wilfully neglects or refuses to comply with the terms of the agreement is liable to pay to the teacher one month's salary at the rate stipulated in the agreement in addition to the salary to which he is entitled under the agreement. S.M. 1989-90, c. 49, s. 14 and 15; S.M. 2004, c. 15, s. 16 ; S.M. 2005, c. 42, s. 32 ; S.M. 2021, c. 39, s. 4 ; S.M. 2023, c. 28, s. 13 . Access to personnel records 92.1 A school division or school district or a person acting on behalf of a school division or school district shall (a) provide a teacher with access to the teacher's personnel record upon request; and (b) upon request by a teacher, attach to the personnel record the teacher's written objection to, or explanation or interpretation of, any matter contained in the personnel record. S.M. 2000, c. 43, s. 5 ; S.M. 2021, c. 39, s. 5 . 93 and 94 [Repealed] S.M. 2021, c. 39, s. 6 . 95 [Repealed] S.M. 2000, c. 43, s. 3 ; S.M. 2021, c. 39, s. 6 . Duties of teacher 96(1) Every teacher shall (a) teach diligently and faithfully according to the terms of his agreement with the school division or school district and according to this Act and the regulations; (b) keep a record of attendance in the manner and in such form as required by the school division or school district; (c) maintain order and discipline in the school; (d) [repealed] S.M. 2023, c. 28, s. 13 ; (e) notify the principal who shall notify the appropriate local health authority of the area in which the school is situated or where there is no local health authority the school division or school district that he has reason to believe that a pupil attending the school has been exposed to or is suffering from a communicable disease as defined in The Public Health Act and regulations made thereunder; (f) seize or cause to be seized and take possession of any offensive or dangerous weapon that is brought to school by a pupil and hand over any such weapon to the principal who shall notify the parent or guardian warning him that the pupil may be suspended or expelled from the school; (g) deliver or cause to be delivered or provide the parent or guardian of each pupil taught by him reports of the pupil at the times and in the manner determined by the school division or school district; (h) admit to his classroom student teachers enrolled in a teacher education institution approved by the minister, for the purpose of practice teaching and of observing instruction. Form and content of reports 96(2) The form and content of a report prepared under clause (1)⁠(g) must comply with the standards prescribed by regulation under The Education Administration Act . S.M. 2011, c. 3, s. 5 ; S.M. 2021, c. 39, s. 7 ; S.M. 2023, c. 28, s. 13 . PART VIII TEACHER COLLECTIVE BARGAINING DIVISION 1 GENERAL Definitions 97(1) The definitions in this subsection apply in this Division. "dispute" means any dispute or difference, or apprehended dispute or difference, between a school division or school district and one or more of the teachers it employs or a bargaining agent acting on behalf of those teachers as to (a) matters or things affecting or relating to terms or conditions of employment or work done or to be done by the employer or by the teacher or teachers, or (b) privileges, rights and duties of the school division or school district or the teacher or teachers that are not specifically set out in this Act or The Education Administration Act or in the regulations made under either of those Acts. However, it does not include a controversy or difference arising out of the termination or threatened termination of a teacher's contract. (« différend ») "employer bargaining representative" means the employer bargaining representative appointed under subsection 99.7(1). (« représentant patronal ») "employers organization" means the employers organization established under section 99.6. (« association d'employeurs ») "teacher" means a person employed by a school division or school district under a written contract prescribed under section 92 and who holds a valid and subsisting teacher's certificate or limited teaching permit issued under The Education Administration Act. It includes a principal, a vice-principal and a person certified as a clinician. It does not include a superintendent, assistant superintendent or deputy superintendent. (« enseignant ») "teachers' bargaining agent" means, subject to section 99.4, The Manitoba Teachers' Society, as designated under section 99.3. (« agent négociateur des enseignants ») "unit" has the same meaning as in The Labour Relations Act, and includes a group of teachers. When the expression "appropriate for collective bargaining" is used with reference to a unit, it means a unit that is appropriate for collective bargaining, whether it is a group of teachers employed by a single school division or school district or by two or more school divisions or school districts. (« unité ») Words and expressions in Labour Relations Act 97(2) Words and expressions used in this Division and not defined in subsection (1) have the same meaning as in The Labour Relations Act , except when the context of this Division requires otherwise. S.M. 2000, c. 43, s. 4 ; S.M. 2005, c. 42, s. 32 ; S.M. 2021, c. 39, s. 10 . Application — Manitoba Institute of Trades and Technology 97.1 For the purpose of this Division, (a) the board of the Manitoba Institute of Trades and Technology, as continued under The Manitoba Institute of Trades and Technology Act , is a school division; and (b) a person employed by the Institute to teach one or more high school courses provided by the Institute is a teacher if the person (i) is employed by the Institute under a written contract prescribed under section 92, and (ii) holds a valid and subsisting teacher's certificate or limited teaching permit issued under The Education Administration Act . S.M. 2021, c. 39, s. 11 . Labour Relations Act applies 98(1) The Labour Relations Act applies to school divisions and school districts, the teachers' bargaining agent and teachers, but if a provision of this Act conflicts or is inconsistent with The Labour Relations Act , the provision of this Act prevails. School principals are employees under Labour Relations Act 98(2) A principal or vice-principal employed by a school division or school district is deemed to be an employee under The Labour Relations Act , and a unit that includes a principal or vice-principal with other teachers is deemed to be a unit appropriate for collective bargaining. S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 12 . Division does not apply to the Crown 99 This Division does not apply to the Crown in right of Manitoba or to teachers employed by the Crown. S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 13 . COLLECTIVE BARGAINING Application 99.1 Subject to clause 21.3(g), this Division applies to (a) every school division and school district; (b) every teacher employed by a school division or school district; (c) the teachers' bargaining agent; and (d) the employers organization and the employer bargaining representative. S.M. 2021, c. 39, s. 14 . School division or school district is employer 99.2 Nothing in this Division affects the status of a school division or school district as the employer of its teachers. S.M. 2021, c. 39, s. 14 . Teachers' bargaining agent 99.3(1) For the purpose of collective bargaining, The Manitoba Teachers' Society is designated as the teachers' bargaining agent for every unit of teachers. Capacity of Manitoba Teachers' Society 99.3(2) In carrying out its and duties and exercising its powers under this Division, The Manitoba Teachers' Society (a) is deemed to be a bargaining agent under The Labour Relations Act ; and (b) is deemed to have the capacity to perform the duties and exercise the powers of the teachers' bargaining agent. S.M. 2021, c. 39, s. 14 . Replacement of teachers' bargaining agent 99.4 Despite section 99.3, if a union is certified under The Labour Relations Act to represent the majority of teachers in the province, that union becomes the teachers' bargaining agent in place of The Manitoba Teachers' Society. S.M. 2021, c. 39, s. 14 . Exclusive authority of teachers' bargaining agent 99.5 The teachers' bargaining agent has exclusive authority to bargain collectively with the employers organization on behalf of every unit of teachers and all teachers in those units and to bind the teachers by collective agreement. S.M. 2021, c. 39, s. 14 . Employers organization for school divisions and school districts 99.6 For the sole purpose of collective bargaining in relation to teachers, an employers organization is hereby established consisting of every school division and school district. S.M. 2021, c. 39, s. 14 . Appointment of employer bargaining representative 99.7(1) The minister must appoint an employer bargaining representative to represent the employers organization. Role of Manitoba School Boards Association 99.7(2) The minister must not appoint any person other than the Manitoba School Boards Association as the employer bargaining representative without having first consulted with the association. S.M. 2021, c. 39, s. 14 . Employer bargaining representative 99.8(1) The employer bargaining representative must establish policies and procedures for the effective performance of its duties and exercise of its powers as the employer bargaining representative. Capacity of employer bargaining representative 99.8(2) The employer bargaining representative is deemed to have the capacity to perform the duties and exercise the powers of the employer bargaining representative under this Division. Exclusive authority of employer bargaining representative 99.8(3) The employer bargaining representative has exclusive authority to bargain collectively on behalf of the employers organization and to bind its member school divisions and school districts to any collective agreement that is concluded with the teachers' bargaining agent. S.M. 2021, c. 39, s. 14 . Voting process for employers organization 99.9 If voting is required in respect of collective bargaining by the employer bargaining representative, the outcome of a vote must be decided by the approval of a majority of the members of the employers organization, with their votes weighted to reasonably reflect the size of the unit of teachers for each member school division or school district. S.M. 2021, c. 39, s. 14 . Regulation requiring payment of fees 99.10 The Lieutenant Governor in Council may make regulations respecting fees to be paid by a school division or school district to the employer bargaining representative under this Division, including the amount or method of determining the fees and the time and manner in which they are to be paid. S.M. 2021, c. 39, s. 14 . TEACHERS' COLLECTIVE AGREEMENTS Parties to collective agreement respecting teachers 99.11(1) The parties to a collective agreement respecting teachers are the school divisions and school districts and the teachers' bargaining agent. Terms of collective agreement 99.11(2) Subject to an arbitration award made under this Division, the terms of a collective agreement respecting teachers are the terms that have been agreed to by (a) the employers organization, as represented by the employer bargaining representative; and (b) the teachers' bargaining agent, as the bargaining agent for every unit of teachers. S.M. 2021, c. 39, s. 14 . ARBITRATION PROCEEDINGS Meaning of "party" for arbitration proceedings 99.12 In sections 100 to 108, "party" means (a) the employers organization, as represented by the employer bargaining representative; and (b) the teachers' bargaining agent, as the bargaining agent for every unit of teachers. S.M. 2021, c. 39, s. 15 . When arbitration may be initiated 100 If the parties have been unable to conclude a collective agreement and a period of at least 90 days has elapsed since notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act , either party may initiate arbitration proceedings in accordance with this Division to decide the collective bargaining matters in dispute between them. S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 16 . Terms and conditions of agreement continue in effect 101 Unless the parties agree otherwise, if notice has been given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, the terms and conditions of the collective agreement then in operation continue in effect until the parties conclude a collective agreement or until an arbitration award is made under this Division. S.M. 1996, c. 51, s. 14 ; S.M. 1998, c. 35, s. 7 ; S.M. 2000, c. 43, s. 4 and 5; S.M. 2021, c. 39, s. 16 . Provision for final settlement of disputes in bargaining 102(1) Every collective agreement between the parties must contain a provision for the final settlement by arbitration, without stoppage of work, of all disputes arising in collective bargaining between them. When Labour Relations Act applies 102(2) Part VII of The Labour Relations Act applies, with necessary changes, to an arbitration carried out under a final settlement provision referred to in subsection (1), except to the extent of any inconsistency with the final settlement provision. S.M. 2000, c. 43, s. 4 . Deemed final settlement provision 103 If a collective agreement between the parties does not contain an arbitration provision for the final settlement of collective bargaining disputes as required by section 102, it shall be deemed to contain the following provisions: 1. If the parties are unable to agree on the terms of a renewed or revised collective agreement or a new collective agreement, either party may — after a period of at least 90 days has elapsed since notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act — notify the other in writing of its desire to submit the matters remaining in dispute to arbitration. The matters in dispute must then be submitted to arbitration in accordance with this section. 2. If the parties agree to refer the matters to a single arbitrator, they shall appoint an arbitrator to hear and determine the matters and make an award. 3. If the parties cannot agree to appoint a single arbitrator, they shall take steps to establish an arbitration board to hear and determine the matters and issue an award. 4. The party that gives the notice under item 1 shall include in the notice a statement of the matters in dispute being referred to arbitration. The other party may also provide the initiating party with a statement in writing of the matters it considers to be in dispute. 5. A statement referred to in item 4 may be amended at any time before the arbitrator or arbitration board begins hearings, but new items may not be added unless bargaining has taken place respecting them. 6. After hearings begin, neither of the parties may add further items to the statement of matters in dispute, but a party may modify or withdraw any items during the course of the hearing. 7. Part VII of The Labour Relations Act applies, with necessary changes, to the arbitration of collective bargaining disputes between the parties. S.M. 2000, c. 43, s. 4 . 104 [Repealed] S.M. 2000, c. 43, s. 4 ; S.M. 2000, c. 43, s. 7 . ARBITRATION AWARD Time limit for award — single arbitrator 105(1) An arbitrator shall make an award within 30 days after concluding the proceedings, or within any longer period that the parties agree to. Time limit for award — arbitration board 105(2) An arbitration board shall make an award within 60 days after concluding the proceedings, or within any longer period that the parties agree to. Criteria 105(2.1) In making an award, the arbitrator or arbitration board must take into consideration all factors that they consider relevant, including (a) the ability of the school division or school district to pay in light of its fiscal situation; and (b) the economic situation in Manitoba. Content of award 105(3) The award shall set out the decision of the arbitrator or arbitration board as to how the matters in dispute between the parties are to be settled. Reasons 105(4) An interest arbitration award must state the reasons on which it is based, which must include the reasoning of the arbitrator or arbitrations board as to how the criteria in clauses (2.1)⁠(a) and (b) have been applied. Decision given to the Labour Board and the minister 105(5) When the award is given to the parties, the arbitrator or arbitration board shall also give a copy to The Manitoba Labour Board and to the minister. S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 17 . Award binding 106 The award of an arbitrator or arbitration board is binding on every school division and school district, the teachers in every unit of teachers and the teachers' bargaining agent. S.M. 1996, c. 71, s. 2 ; S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 18 . Clarification of award 107 Within 30 days after an award is made, either party may request the arbitrator or arbitration board to clarify the award or a part of it. The award shall not be considered to be made until the clarification is provided. S.M. 2000, c. 43, s. 4 . Collective agreement following award 108(1) Within 30 days after an award is made, the parties to the arbitration shall prepare and sign a collective agreement embodying all matters settled in the award. Representative authorized to sign 108(2) The employer bargaining representative, acting on behalf of every school division and school district, is authorized to sign a collective agreement respecting teachers. S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 19 . Collective agreement binding 109 A collective agreement entered into by the teachers' bargaining agent and the employer bargaining representative is binding on (a) the employers, being the school divisions or school districts; and (b) the teachers' bargaining agent and every teacher in the unit to which the collective agreement applies. S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 20 . STRIKES AND LOCKOUTS PROHIBITED Strike by teachers prohibited 110(1) No teacher shall strike. Strike authorization by bargaining agent prohibited 110(2) No bargaining agent for a unit of teachers shall declare or authorize a strike. S.M. 1996, c. 71, s. 4 ; S.M. 2000, c. 43, s. 4 . 110.1 and 110.2 [Repealed] S.M. 1996, c. 71, s. 5 ; S.M. 2000, c. 43, s. 4 . Lockout by school division or school district prohibited 111 No school division or school district shall declare or cause a lockout of teachers. S.M. 1996, c. 71, s. 6 ; S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 21 . Penalty for illegal lockout — school division or school district 112(1) Every school division or school district that declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000. Penalty for illegal lockout — person 112(2) Every person who, acting on behalf of a school division or school district, declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. Penalty for illegal strike — bargaining agent 112(3) Every bargaining agent that declares or authorizes a strike of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000. Penalty for illegal strike — officers 112(4) Every officer or representative of a bargaining agent who authorizes or participates in a strike vote of teachers, or declares or authorizes a strike of teachers, is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. Continuing offence 112(5) Each day that a school division or school district, person acting on behalf of a school division or school district, bargaining agent, or officer or representative of a bargaining agent contravenes a provision of this Act constitutes a separate offence. S.M. 1996, c. 71, s. 7 ; S.M. 2000, c. 43, s. 4 ; S.M. 2021, c. 39, s. 22 . DIVISION 2 FRANCOPHONE SCHOOL DIVISION Application of Division 1 112.1(1) Subject to this section, the following provisions of Division 1 apply for the purpose of collective bargaining between the francophone school division and the unit of teachers employed by the francophone school division, with necessary changes: (a) the definitions "dispute", "teacher" and "unit" in section 97; (b) sections 98, 99 and 99.2; (c) sections 100 to 112, except subsection 108(2) and section 109. Definition of "party" 112.1(2) In applying sections 100 to 112, "party" means, as the case may be, the francophone school division or the bargaining agent for the unit of teachers employed by the francophone school division, and "parties" means the two of them. Collective agreement binding 112.1(3) A collective agreement entered into by the francophone school division and the bargaining agent for the unit of teachers employed by the francophone school division is binding on (a) the francophone school division; and (b) the bargaining agent and every teacher in the unit to which the collective agreement applies. S.M. 2021, c. 39, s. 23 . 113 to 170 [Repealed] S.M. 1993, c. 48, s. 91 ; S.M. 1996, c. 71, s. 8 to 30; S.M. 1998, c. 35, s. 8 ; S.M. 2000, c. 43, s. 4 . PART IX GRANTS AND LEVIES EDUCATION SUPPORT PROGRAM Definitions 171 In this Part and in Parts X and XI, "assessable property" means the property shown on the assessment roll of a municipality and in respect of which (a) taxes for school purposes are required to be paid, or (b) grants in lieu of taxes for school purposes are paid under an Act of the Legislature or an Act of Parliament; (« bien imposable ») "assessor" means (a) an assessor appointed under The Municipal Assessment Act , or (b) an assessor appointed under The City of Winnipeg Charter ; (« évaluateur ») "capital support" means financial support for capital expenditures as set out in this Part and in the regulations; (« aide en capital ») "capital support program" means the program of providing capital support to school divisions that is under the administration of the minister; (« programme d'aide en capital ») "council" where used to refer to the council of a municipality means (a) in the case of a city, town, village or rural municipality, the council thereof, (b) in the case of a local government district, the resident administrator thereof, and (c) in the case of a special locality, the Minister of Aboriginal and Northern Affairs; (« conseil ») "education support levy" means a levy imposed under section 184 by the council of a municipality; (« taxe d'aide à l'éducation ») "farm and residential property" means property that is within the classes of property prescribed under The Municipal Assessment Act as Residential 1, Residential 2, Residential 3 and Farm Property; (« bien agricole et résidentiel ») "municipal board" means the Municipal Board under The Municipal Board Act; (« Commission municipale ») "municipality" means a city, town, village, rural municipality, local government district or special locality not within a school district or in the case of a city, town, village, rural municipality, local government district or special locality part of which is within a school district means that part thereof that is not within the school district; (« municipalité ») "operational support" means financial support, for which provision is made in this Part and in the regulations, but not including capital support; (« aide de fonctionnement ») "operational support program" means the program of providing operational support to school divisions that is under the administration of the minister; (« programme d'aide de fonctionnement ») "regulations" means regulations made under this Part; (« règlements ») "special locality" means a community or an incorporated community in northern Manitoba as these expressions are defined in The Northern Affairs Act ; (« localité spéciale ») "total school assessment" means total school assessment as defined in The Municipal Assessment Act . (« évaluation scolaire totale ») S.M. 1988-89, c. 13, s. 36 ; S.M. 1989-90, c. 24, s. 91 ; S.M. 1991-92, c. 20, s. 15 to 17; S.M. 2000, c. 35, s. 71 ; S.M. 2002, c. 39, s. 535 ; S.M. 2006, c. 24, s. 61 ; S.M. 2020, c. 21, s. 109 . Application of Part in L.G.D.'s and special localities 172 Where under this Part (a) anything is required or authorized to be done by a municipality, it shall or may be done by or on the direction of the council thereof; and (b) any statement, notice or document is required to be given or sent to a municipality, in the case of a municipality that is a local government district, it shall be given or sent to the resident administrator thereof and in the case of a special locality, it shall be given to the Minister of Aboriginal and Northern Affairs. S.M. 2000, c. 35, s. 71 . Assessment data 172.1 On written request of the minister, the following must provide the minister with any information that they possess concerning assessment and taxation in a municipality, in the form and manner specified by the minister: (a) the assessor; (b) the minister responsible for The Northern Affairs Act ; (c) a school division or school district; (d) a municipality; (e) the resident administrator of a local government district. S.M. 2020, c. 21, s. 110 . CAPITAL SUPPORT PROGRAM Administration of capital support program 172.2(1) The minister is to administer the capital support program. Criteria that minister must consider 172.2(2) In administering the capital support program, the minister must consider the following factors: (a) the curriculum and instructional needs of programs offered by school divisions; (b) the requirements of students with special needs; (c) the community use of schools and the role of schools in their local communities; (d) the influence of the design and maintenance of school buildings on the health and safety of students and other school users; (e) energy efficiency; (f) sustainable design and building practices; (g) the life-cycle costs of school buildings; (h) the long-term maintenance and renewal of school buildings and infrastructure; (i) heritage preservation; (j) the geography of school catchment areas; (k) the efficient use of school lands and buildings within a school division and across school divisions. Capital grants 172.2(3) The minister may provide capital support to school divisions out of money appropriated by an Act of the Legislature for that purpose, at the times and in the manner determined by the minister. Capital support for early learning and child care 172.2(4) Capital support provided for a new school or, subject to the regulations, a school undergoing a major renovation must include support for an early learning or child care facility in the school or on adjacent school property. Terms and conditions 172.2(5) Capital support provided to a school division is subject to the terms and conditions specified by the minister. Administering capital support program 172.2(6) In administering the capital support program, the minister may utilize the services of (a) an employee of a government department or branch, other than the minister's department, with the written approval of the minister responsible for that department or branch; or (b) an employee of a government agency, within the meaning of The Financial Administration Act , with the written approval of the government agency. S.M. 2020, c. 21, s. 110 . Notice of capital support 172.3 On or before February 15 in each year, the minister must notify each school division of the amount of capital support that will be provided to the school division in the coming fiscal year. S.M. 2020, c. 21, s. 110 . OPERATIONAL SUPPORT PROGRAM Administration of operational support program 172.4(1) The minister is to administer the operational support program. Operational grants 172.4(2) The minister may provide operational support to school divisions out of money appropriated by an Act of the Legislature for that purpose, at the times and in the manner determined by the minister. S.M. 2020, c. 21, s. 110 . Notice of operational support 172.5 On or before February 15 in each year, the minister must notify each school division of the amount of operational support that will be provided to the school division in the coming fiscal year. S.M. 2020, c. 21, s. 110 . Reports, etc. from school divisions 172.6(1) A school division must prepare and submit to the minister any reports and returns the minister requires, and must submit to the minister for inspection any contracts or documents relative to the affairs of the school division the minister requires, and the minister may make copies of such contracts or documents. Withholding of grants 172.6(2) The minister may withhold the payment of all or part of any operational support payable to a school division until the school division has complied with any requirement under subsection (1). S.M. 2020, c. 21, s. 110 . 173(1) to (4) [Repealed] S.M. 2020, c. 21, s. 111 . Special reductions in support 173(5) Where, under any agreement or practice under which the owner of property which is not assessable or the assessment of which is fixed by agreement or statute makes payments to (a) a school division; or (b) a municipality all or part of which is in a school division for or in respect of school purposes; in excess of any taxes for the payment of which the owner is liable, the minister may reduce the amount of support provided to the school division in any year by the whole or a part of the amount of such payments that the school division receives or is entitled to receive in that year. 173(6) and (7) [Repealed] S.M. 2020, c. 21, s. 111 . S.M. 1991-92, c. 20, s. 18 to 21; S.M. 2011, c. 3, s. 6 ; S.M. 2020, c. 21, s. 111 . 173.1 [Repealed] S.M. 1991-92, c. 20, s. 22 ; S.M. 2020, c. 21, s. 112 . 174(1) [Renumbered as section 67.1] 174(2) [Repealed] S.M. 1997, c. 27, s. 4 . S.M. 1991-92, c. 20, s. 23 ; S.M. 1997, c. 27, s. 4 ; S.M. 2004, c. 15, s. 17 ; S.M. 2020, c. 21, s. 113 . 174.1 [Renumbered as section 194.1] 175 [Repealed] S.M. 1991-92, c. 20, s. 24 to 26; S.M. 1993, c. 33, s. 7 ; S.M. 1998, c. 35, s. 9 ; S.M. 2011, c. 3, s. 7 ; S.M. 2020, c. 21, s. 115 . 176 [Repealed] S.M. 1991-92, c. 20, s. 27 . 177(1) [Repealed] S.M. 1989-90, c. 24, s. 91. 177(2) [Repealed] S.M. 2020, c. 21, s. 115 . S.M. 1989-90, c. 24, s. 91 ; S.M. 2000, c. 35, s. 71 ; S.M. 2004, c. 15, s. 18 ; S.M. 2020, c. 21, s. 115 . SCHOOL BOARD BUDGETS Budget consultations 178(1) A school board shall not approve its annual budget until it has (a) consulted each parent advisory council, local school committee or school committee in the school division or school district; and (b) presented its proposed budget at an open meeting of the board and heard from persons present wishing to make submissions regarding it. Notice of meeting 178(1.1) At least 14 days before the open meeting at which its proposed budget will be presented, a school board must provide public notice of the meeting. Budget submitted to minister 178(2) Each school board shall, on or before March 31 of each year, submit to the minister in the manner and form prescribed by the minister, an estimate of its proposed budget for the immediately ensuing fiscal year. S.M. 1988-89, c. 13, s. 36 ; S.M. 1991-92, c. 20, s. 28 ; S.M. 1996, c. 51, s. 15 ; S.M. 2002, c. 8, s. 17 ; S.M. 2013, c. 31, s. 8 . 179(1) and (1.1) [Repealed] S.M. 2020, c. 21, s. 117 . Referral for reconsideration 179(2) Before estimating the amount of support to be provided to any school division, the minister may refer the estimates of the school division back to the school board thereof for further consideration of items in respect of which support will be provided. S.M. 1991-92, c. 20, s. 29 and 30; S.M. 2020, c. 21, s. 117 . 180 [Repealed] S.M. 1991-92, c. 20, s. 31 ; S.M. 2020, c. 21, s. 118 . EDUCATION SUPPORT LEVY Amount to be raised by education support levy 181 In each year, the minister must determine the total amount to be raised by education support levies imposed on assessable property other than farm and residential property that will be provided to school divisions for the coming fiscal year. S.M. 1989-90, c. 24, s. 91 ; S.M. 1991-92, c. 20, s. 33 ; S.M. 2002, c. 8, s. 18 ; S.M. 2006, c. 24, s. 62 ; S.M. 2020, c. 21, s. 119 . Amount to be raised by municipality 182 Subject to subsection 191(6), the amount to be raised by a municipality each year by an education support levy is the amount calculated by the minister according to the following formula: Amount = T × S M /S T In this formula, T is the total amount that, according to section 181, must be raised for that year by education support levies; S M is the portion of the municipality's total school assessment for the year that is attributable to assessable property other than farm and residential property, based on the latest assessment information obtained from the assessor before March 15 of that year; S T is the total of the amounts determined for S M for the year for all municipalities. S.M. 1989-90, c. 24, s. 91 ; S.M. 2006, c. 24, s. 63 ; S.M. 2020, c. 21, s. 120 . Statement to municipalities 183 On or before March 15 of each year, the minister must send to each municipality a statement setting out the amount to be raised by the municipality for that year by an education support levy, as calculated under section 182 and adjusted, if required, under subsection 191(6). S.M. 1989-90, c. 24, s. 91 ; S.M. 2002, c. 8, s. 19 ; S.M. 2006, c. 24, s. 63 ; S.M. 2020, c. 21, s. 121 . Council to impose education support levy 184 Upon receiving the statement referred to in section 183, the council of a municipality must set the mill rate and impose a levy on assessable property in the municipality, other than farm and residential property, sufficient to raise the amount specified in the statement. S.M. 1989-90, c. 24, s. 91 ; S.M. 2006, c. 24, s. 63 . Remittance of education support levy 185(1) Each year, a municipality must remit to the Minister of Finance, at the time and in the manner prescribed by regulation, the amount specified in the statement under section 183 as the amount to be raised by the municipality that year on assessable property other than farm and residential property. Interest charges 185(2) The Minister of Finance may charge interest, at the rate prescribed under section 25 of The Financial Administration Act , on overdue remittances required to be paid under subsection (1). S.M. 1989-90, c. 24, s. 91 ; S.M. 2006, c. 24, s. 64 ; S.M. 2020, c. 21, s. 122 . SPECIAL LEVY Notice to school divisions by minister 186(1) On or before February 15 in each year, the minister must notify each school division of the amount of support that will be provided to the school division in the coming fiscal year. 186(1.1) [Repealed] S.M. 2020, c. 21, s. 123 . Notice of assessment 186(1.2) On or before February 15 in each year, the minister must notify each school division of the amount of the total school assessment applicable to the school division and each municipality within the school division for that year. Apportionment of additional revenues 186(2) Subject to subsection (3), and after receiving notice under subsection (1), a school board shall estimate the amount of revenue that will be required to be raised by a special levy and shall apportion to each municipality within the school division an amount that bears the same relation to the total amount that is required to be raised by special levy as the total school assessment in respect of each municipality bears to the total school assessment in respect of the school division. Apportionment of additional revenues in amalgamated division by differential mill rates 186(3) Subject to subsections (4), (5) and (6), and after receiving notice under subsection (1), a school board of an amalgamated school division shall estimate the amount of revenue that will be required to be raised by a special levy on the total school assessment of the amalgamated division, and may apportion revenue to each municipality within the amalgamated division consistent with the levying of mill rates in differing amounts according to the boundaries of the original divisions that united to form the amalgamated division. Three year limit for differential mill rates 186(4) An amalgamated school division may apportion revenue consistent with the levying of differential mill rates for a period of no more than three calendar years commencing on January 1 following the date of amalgamation. Common mill rate 186(5) At the end of the period in subsection (4), an amalgamated division shall apportion revenue consistent with the levying of a common mill rate throughout the division. Maximum differential mill rate 186(6) A differential mill rate imposed under this section shall not exceed the highest mill rate imposed by any of the original divisions in the calendar year of the amalgamation. S.M. 1989-90, c. 24, s. 91 ; S.M. 1991-92, c. 20, s. 34 and 35; S.M. 1998, c. 35, s. 10 ; S.M. 2020, c. 21, s. 123 . 186.1 and 186.2 [Repealed] S.M. 1993, c. 16, s. 2 ; S.M. 1997, c. 27, s. 5 . Statement to municipalities 187 On or before March 15 in each year, the school board of each school division shall send to each municipality within the school division a statement setting out the amounts that have been apportioned in that year to the municipality in accordance with section 186 and shall send to the minister a statement showing the amounts that have been apportioned to each municipality all or part of which are within the school division. S.M. 1989-90, c. 24, s. 91 ; S.M. 2020, c. 21, s. 124 . Special levy in municipalities 188 Upon receiving a statement under section 187, the council of the municipality shall, in respect of real and personal property that is assessable property and that is within the municipality and the school division, fix and impose a tax sufficient to raise the amount that is apportioned to the municipality and set out in the statement under section 187. S.M. 1989-90, c. 24, s. 91 . Remittance of allowance to school division 189 At the times and in the manner prescribed in the regulations, each municipality within a school division shall remit to the school board of the school division the amounts apportioned to the municipality and set out in the statements sent to it under section 187. Interest charges 190 A school division may charge interest, at the rate determined under section 25 of The Financial Administration Act , on overdue remittances required to be paid by a municipality under section 189. S.M. 2020, c. 21, s. 125 . Transfer of special levy to francophone school division 190.1 Each year, the school board of the school division in which a pupil of the francophone school division resides, at the times and in the manner prescribed by regulation, shall remit to the francophone school board an amount equivalent to the total raised by the special levy on assessable property, divided by the number of pupils resident in that school division attending public schools, multiplied by the number of pupils resident in that division attending a program provided by the francophone school board as of the first Wednesday in October in each year. S.M. 1993, c. 33, s. 8 ; S.M. 2025, c. 6, s. 2 . VARIATION OF APPORTIONMENT Appeal of division apportionment 191(1) Where a municipality is affected by an apportionment made in any year under this Part by a school division, or, where the municipality is a special locality, the Minister of Aboriginal and Northern Affairs, may on giving 30 days notice in writing to (a) the school board making the apportionment; and (b) each other municipality affected by the apportionment; appeal against the apportionment to the municipal board. Hearing of appeal 191(2) The municipal board shall hear the appeal and determine the amounts (a) that should, as provided herein, be apportioned for the year to each of the municipalities all or part of which are within the school division which made the apportionment; and (b) which each of the municipalities are required to raise by levying a rate. Discretion of municipal board on appeal 191(3) In determining the amounts that should be apportioned to municipalities under this Part in any year and which the municipalities are required to raise by levying a rate, the municipal board, on an appeal under this section, has an absolute discretion and is not bound by any provision of this Act, and its decision is final. Time for appeal 191(4) The municipal board shall not hear an appeal under this section unless the notice required under subsection (1) is given within 30 days of the date on which the notice of apportionment was given in accordance with section 187 by the school board to the municipality appealing. Effect of variations by municipal board 191(5) Where, on an appeal under this section, the municipal board varies an apportionment made under this Part by a school division in any year, the amounts payable to the school division by the municipality in that year as set out in the statement sent by the school board under section 187 shall not be altered; but the school board shall, in the next following year adjust the apportionment made under subsection 186(2) by allowing credits or apportioning extra amounts, as the case requires to the municipalities affected to make up for the variations made by the municipal board.
